Santa Monica City Council
January 10, 2023

Applicable Codes
Phase I of the system was designed in 1993 in accordance with the following codes and standards:
• Santa Monica Municipal Code
• Uniform Building Code Standard 38-1, 1991 Edition
• NFPA 307, 1990 Edition
• NFPA 13, 1989 & 1991 Editions
Phase II of the system was designed 1996 in accordance with the following codes and standards:
• Santa Monica Municipal Code
• Uniform Building Code Standard 9-1, 1994 Edition
• NFPA 307, 1990 Edition
• NFPA 13, 1994 Edition
Sprinkler System Description
The sprinkler system was installed in order to protect the wooden decking and substructure in the event of a significant fire capable compromising the structure. The overall system is split into 15 separate zones and was designed and installed in two separate phases. Phase I is comprised of Zones 1-6 and 12, while Phase II is comprised of Zones 7, 8, 9, 10, 11, 13, 14, and 15. The sprinkler system design is in accordance with the requirements of NFPA 307, which is the Standard for the Construction and Fire Protection of Marine Terminals, Piers and Wharves. This standard provides comprehensive guidelines and addresses the typical conditions encountered for piers and wharves.

Much of the system is partially protected from outside elements by wooden walls on all sides. Zones2, 3, 4, 6, 7, 11, and 12 are surrounded by walls on all sides. Zones 1 and 5 are mostly protected but are partially exposed in the bike path running underneath the pier. Zones 8, 9, 10, 13, 14, and 15 are separated from the remainder of the sprinkler systems by a “wooden perimeter wall” and are exposed to the open air and ocean. Refer to the figure below for a layout of all sprinkler systems.

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Packet Pg. 163 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

In 2010, upgrades and repairs to the fire protection systems on the pier were performed, including the installation of a dry standpipe system, the addition of sectionalizing valves, and the repair of existing conditions found in the sprinkler system was documented in an assessment report completed in September of 20072. A review of the fire protection invoice logs from the past five years (shown in Appendix B) reveals that many other repairs to the system have been made since 2010.

An automatic fire suppression system was not specifically required for the underside of the pier per the Uniform Building Code and is not required by the current California Building Code (CBC) or the Santa Monica Municipal Code. However, due to the combustible construction of the pier, the typically high occupant load, and the nature of hazards present in the area, the system is considered very important for public safety and structural protection and is in line with recognized engineering practices. Sprinkler Systems 13, 14, and 15 protect a non-combustible, concrete substructure of the pier. However, even these systems are considered important because of the presence of wooden catwalks in the area, and the combustible deck above the concrete pilings.

The sprinkler system is especially important given the history of the nearby pier at Pacific Ocean Park, which caught fire multiple times after it was decommissioned3 . These fires were mostly due to arson.

Based on our survey, arson and accidental fire are a concern given the homeless population living in and under the pier structure.

Background
Cosentini understands through conversations with the City that the cost to maintain the sprinkler system is a concern to the City of Santa Monica and has been considered in this report. The fire protection invoice logs shown in Appendix B show that the repairs to the system have cost the city approximately $50,000 in the past five years, which excludes costs for inspections and testing. This sum would likely be significantly higher if inspections of the system were performed more often, as a more recent survey of the system by Cosentini has identified additional outstanding issues.

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Packet Pg. 164 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

Per conversations with the Civil Engineering Department of the City of Santa Monica and personnel from the Santa Monica Fire Marshal’s office, multiple fires underneath the pier have been reported since the automatic sprinkler system was installed, but none have grown large enough to activate the system.

The fact that these fires failed to activate the system should not be misconstrued to mean that the system is in a condition such that it would not perform as designed during a fire scenario. Many of these fires reportedly involved the disposing of lit cigarettes through the wooden beams of the pier, which subsequently spread to combustibles beneath the pier. It is likely that these fires were not large enough to activate the nearest sprinkler head, which are designed to spray upwards and protect the underside of the pier and not to extinguish small fires in the decking or at the ground level. In addition, most of the sprinkler heads are located 12 feet or more above the ground, the placement of these sprinklers would require a significant fire for operation to occur.

Subsequent system inspections by the Santa Monica Fire Marshal’s Office has identified additional concerns with the system, including discolored plastic piping that may be degrading due to exposure to sun, recalled sprinkler heads, and widespread corrosion due to exposure to the elements.

System Specifications
Sprinkler Type, Locations and Spacing
As required by NFPA 307, pendent sprinklers are installed in the upright position so that water is projected upward to wet the underside of the decking and control fires on the underside of the pier.

Per a review of the as-built drawings and field inspections, sprinklers are located 8 feet apart on branchlines, with branchlines spaced 10 feet apart and 5 feet from the nearest walls. The maximum coverage area per sprinkler is 80 ft². This spacing is in compliance with the most recent NFPA 307 and NFPA 13 requirements. Sprinkler deflectors are located approximately 10 inches below the bottom of the stringers in compliance with the NFPA standards. According to notes found in the as-built drawings, all sprinklers are provided with a factory applied corrosion resistant coating designed for salt water and weather exposure and have a temperature rating not exceeding 165°C.

All supply, feed main and cross main piping are supported by wrap-around U-hook style hangers.

According to as-built drawings, all hangers are provided with factory applied hot-dipped zinc coating to prevent corrosion. Hangers are placed in locations so that they will be in the wetting pattern of the sprinkler to prevent lag screws from failing during a fire.

Sprinkler System Design Criteria
Each sprinkler system zone was designed in accordance with the guidance found in the 1990 edition of NFPA 307 as follows:
• Sprinkler discharge pressure of 12.5 psi
• Sprinkler ½ inch orifice
• Design density of 0.247 gpm/ft² over a design area of 5,000 ft² The latest editions of NFPA 307 and NFPA 13 state that pier sprinkler systems should be designed based upon the design criteria for Group A plastics. However, the reasoning for this criteria is due to the

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Packet Pg. 165 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

“widely varying nature of commodities that pass through transit sheds, container freight stations, transload facilities, and similar buildings used for handling and temporary storage of general cargo.” Because the Santa Monica Pier is used for amusement purposes only, designing the system to Group A plastic criteria is considered overly conservative. The current design criteria is in compliance with Ordinary Hazard Group 2, which is considered appropriate because piers and wharves are classified as Ordinary Hazard Group 2 in NFPA 13.

Water Supply
Water for the sprinkler systems is supplied from the city water mains from two different sources. One main runs from the north along Palisades Beach Road, while the other runs from the east down Seaside Tier. An underground water supply loop is provided such that a secondary water supply would be available if any part of the piping network were to become damaged. It is understood that a saltwater supply was capped at some point after the installation of the sprinkler system. However, this supply is not considered necessary, as the current fire supply loop is adequate.

Standpipe System and Hydrant Locations
The original hydrants associated with the automatic sprinkler system are located throughout the pier, both directly adjacent to the structure and directly on perimeter of the wooden deck and spaced 150 feet to 300 feet apart. These standpipes are connected to the domestic water supply. Eight additional dry standpipe fire hose connections were installed in 2010, spaced approximately 270 feet apart and placed between the original hydrants. A fire hose connection associated with this newer system is located on the north side of the pier adjacent to the bike path.

Current Issues
Field surveys and reviews of as-built drawings were performed by Cosentini in order to document the current state of the pier sprinkler system. The current conditions of the system were visually examined and compared against the latest standards for pier sprinkler systems in order to determine the adequacy of the system and its expected performance for an expected fire in the area. Note that the California Building Code as adopted by the Santa Monica Municipal Code does not specifically require compliance with NFPA 307. However, this standard has been used for comparison and guidance because the sprinkler system was installed in accordance with the NFPA 307 requirements and because the standard addresses many of the conditions present at the Santa Monica Pier.

Sprinkler Pipe
Per the General Notes and System Details of the as-built sprinkler system drawings, and confirmation through field inspections, all cross mains and branch lines are CPVC plastic piping meeting UL Standard 1821 and listed for fire service use. Per visual inspection, Blaze Master CPVC sprinkler pipe has been installed in all areas.

It is likely that this pipe material was used rather than steel because of corrosion concerns. NFPA 307 requires that listed corrosion-resistant types of pipe be used where corrosive conditions exist. However, this pipe must also be able to withstand all other atmospheric damage and prolonged exposure to the sun. Per installation and design manuals for the Blaze Master pipe installed throughout the system, it is not listed for prolonged exposure to sunlight, and exposure can cause product damage1.

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Packet Pg. 166 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

Of upmost concern are the openings in the pier decking allow for direct exposure to sun and significant degradation of the pipe. During field surveys, the exposure effects from sunlight exposure were most pronounced on the west side of the pier, where piping was exposed to the elements. Much of the piping had lost its original coloring, leading to concerns that it could possibly be damaged and eventually result in failure which would prevent proper activation of the sprinkler system.

In addition to the concerns about sunlight exposure, the pipe is not listed for the hazard classification of the pier and surrounding area. In addition to the combustible construction of the pier, field surveys show significant amount of combustibles stored below that form a substantial fire hazard. Section 6.3.7 of the 2013 edition of NFPA 13 specifically prohibits the use of nonmetallic pipe in any areas besides light hazard occupancies. Per Section 5.3.2, piers and wharves are considered Ordinary Hazard Group 2.

The combustible loading observed during survey is consistent with that expected for Ordinary Hazard Group 2. The significant combustible loading and possibility of a fast growing fire leads to concern that CPVC piping could quickly melt and render the system inoperable.

Pipe Support
Per visual inspection, most of the U-hook style pipe supports in the protected sprinkler system areas of the pier east of the wooden perimeter wall appear to be in working condition. None of the pipe supports examined in these areas require immediate replacement, but they should be examined annually in accordance with the requirements of Section 5.1.1.2 of the 2014 edition of NFPA 25. These inspections are especially important because the hangers are exposed to a harsh environment that could lead to significant corrosion and the failure of hangers prior to or during a fire event.

All U-hook pipe supports located to the west of the wooden perimeter wall should be examined for replacement. Per the requirements of NFPA 25, any hangers shown to be damaged, loose, or unattached must be replaced. Many hangers accessible via the catwalks immediately adjacent to the ocean are substantially corroded and some are broken completely in half. A complete replacement of all hangers is not necessary. However, all hangers that appear corroded to the point where they may become unattached or unable to support the sprinkler piping must be replaced. The sprinkler system in the area adjacent to the water was installed in 1996, meaning that the lifespan of these hangers is in the 15-20 year range. Replacement hangers should be expected to last approximately this long, but annual inspection and appropriate replacement of hangers is very important to ensure that the sprinkler piping is properly supported.

Per Section 4.3.3.1 of NFPA 307, corrosion-resistant hangers or hangers with listed protective corrosionresistant coatings should be used. Per the As-built drawings, all hangers installed in the system were provided with a factory applied hot-dipped zinc coating, which is in compliance with NFPA 13 and 307 requirements. These style hangers should continue to be used for all replacement Sprinkler Condition
Per visual inspection, the sprinklers located to the east of the wooden perimeter wall appear to be in working condition. However, many sprinklers to the west of the wall exposed to the open air and salt water (Zones 8, 9, 10, 13, 14, and 15) appear to show the effects of corrosion on the deflectors and operating elements due to exposure to seawater. According to the guidance found in NFPA 25, Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, corrosion found on the

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Packet Pg. 167 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

deflector of a sprinkler could affect the spray pattern of the sprinkler activation, and the effects of corrosion on operating elements could have detrimental effects on the performance of the sprinkler.

According to the standard, light surface corrosion on the boss, frame arms, and/or the deflector, and/or surface discoloration, not impacting the operation of the sprinkler should not warrant replacement.

However, significant buildup on any part of the sprinkler should result in the replacement of the sprinkler in order to ensure proper activation and performance. Many sprinklers viewed in the field meet the criteria for full replacement.

Recalled sprinkler heads are currently in use throughout the system. In July of 2001, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of Central fire sprinklers with O-ring seals, citing the discovery that the O-ring can degrade over time due to corrosion. Included in this recall are pendent sprinklers manufactured between 1989-2000, stamped with the word “Central” and “GB4 .” Per visual
inspection and the examination of system documents, these sprinklers are currently in use on the system. Due to the highly corrosive environment, it is especially important to replace all recalled sprinkler heads.

Current testing, NFPA 25
Due to the harsh environment the sprinkler system is exposed to, it is very important that the system is subject to frequent inspections in accordance with applicable NFPA standards. Per conversations with personnel from the Santa Monica Fire Marshal’s Office, inspections of the system occur every five years, which is beyond the timeframe required by NFPA 25 as adopted by Title 19 of the California Health and Safety Code. Refer to Appendix A of this report for a list of system components and the required inspection and testing intervals for each.

The City of Santa Monica has provided fire protection invoice logs from the past five years, which are provided in Appendix B of this report. A review of these records confirms that regular inspections of the sprinkler system are not taking place, with quarterly inspections appearing to decline in mid-2012.

Quarterly inspection logs for the period ranging from 2013 to present appear to be for the sprinkler systems above the pier in Building 250, the Carousel Building, and the Aquarium, with no corresponding inspections for the system underneath the pier.

Detailed records are available for only some inspections, and it is difficult to determine which systems were included for the available reports. Cosentini has reviewed the latest inspection and test report for the system underneath the pier dated 11/7/2011, which gives the address of the pier but does not give details about which sprinkler systems were examined. Because there are multiple systems both above and below the pier, more details should be given in the report to ensure that all systems are examined in accordance with NFPA 25. At a minimum, these details should include the specific systems inspected and tested, the results of the test, and details about any impairments found.

It is also not clear from the provided report if testing of the system was properly performed. Per Section

5.3.1.1.2 of NFPA 25, where an automatic suppression system is exposed to outside weather, representative sprinkler samples must be tested, or the sprinklers must be replaced every five years.

The pier sprinkler system covers a large area and is split into multiple sections exposed to different conditions, a representative sample of sprinklers from each of the systems should be tested during this time interval. Based on the current condition of many of the sprinklers located near the ocean, this

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Packet Pg. 168 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

testing or replacement of sprinklers does not appear to have been performed recently, leading to a high probability that many sprinklers would not activate as intended during a significant fire.

Depending on the extent of repair or replacement of piping or sprinklers in the system, NFPA 25 requires certain actions that must be taken to test the system. Per visual inspection of the current condition of the sprinklers in the systems located adjacent to the ocean, more than 20 sprinklers may require replacement, which would require a hydrostatic test of the system in accordance with NFPA 13.

A list of required actions as given by NFPA 25 can be found in Appendix A.

Inspection and testing of the standpipes and hose systems should also be in compliance with NFPA 25.

A review of the city and inspection testing records reveals that a comprehensive test of all related hydrants was performed at an indeterminate date. More documentation of the testing performed should be provided, and all testing and inspections should be performed within the timeframes mandated by NFPA 25. Refer to Appendix A for a list of requirements.

Spare Sprinkler Storage
Per the requirements of NFPA 307, 12 spare sprinklers should be stored on site for use in replacement.

Per an inspection of the spare sprinkler storage area, only three spare heads are stored on site.

Connection to Fire Alarm System
System Drawing 4627 gives details of the sprinkler system tamper and waterflow switches and their connection to the fire alarm panel located directly to the west of the Carousel Building. Per discussions with personnel from the Santa Monica Fire Marshal’s Office, recent experience with the fire alarm panel has led to confusion on the layout of the alarm zones. It is apparently difficult to determine the location of the origin of alarms, which could adversely impact the fire department’s ability to quickly suppress a potential fire before it spreads to the pier substructure. This confusion may be partly due to the fact that Drawing 4627 uses a different numbering system for the sprinkler systems than the as-built drawings. The Fire Alarm Drawing begins with System No. 1 at the east end of the pier and then numbers the zones sequentially counterclockwise around the pier. The numbering system of the asbuilt drawings is less orderly and does not match up with the alarm zones.

At the time that this report was written, a study by others was underway to determine the functionality of the fire alarm system and its connection to the fire alarm systems on the underside of the pier.

Depending on the results of this study, the system should be updated so that the appropriate personnel and fire authorities are alerted to an alarm as early as possible in order to ensure adequate time to reach the fire location and prevent the fire from growing large enough to affect the structure. Troubles and alarms should show the specific sprinkler system associated with the event so that the trouble condition or fire location can be quickly located, and fire alarm zones should be renumbered so that they match the sprinkler zones numbering system.

Riser Piping
Each individual sprinkler system zone is provided with a riser pipe fitted with control valves and pressure gauges for both the supply and system side of the piping network. Field inspections of each of these risers revealed that pressure is at or near zero for the system side gauges at risers 103, 104, and 106. It is likely that there are leaks in the system resulting in the loss of pressure in the system. The systems associated with these risers (Systems 5, 2, and 6, respectively) should be examined and tested to

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Packet Pg. 169 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

identify the location of the leak or leaks. In addition, the supply side pressure gauge at riser 208 is near zero, which should also be investigated. It would also be beneficial to install a low pressure switch to activate an alarm when supply pressure is lost.

Each riser on the west side of the wood perimeter walls that supply Zones 8, 9, 10, 13, 14, and 15 is showing the signs of significant corrosion. The horizontal run between supply side riser 707 and system side riser 407 has a significant leak that was spraying water when the system was inspected in late February, 2015. Each of these risers appears in need of replacement.

Recommendations
After a thorough review of the conditions at the pier, it has been determined that the substructure sprinkler systems are essential to protecting the pier structure and its occupants. The conditions identified in the preceding section should be repaired as quickly as possible in order to ensure proper functionality of the system.

Field inspections and a review of documentation of the system design and past testing and maintenance of the system have shown that additional improvements are needed in order to ensure that the system would activate as needed in the event of a significant fire. The following recommendations for addressing these issues are presented in order to ensure the level of safety that the system was intended to provide when it was installed:

1. Replace Sprinkler Piping
The CPVC pipe installed throughout the system is less susceptible to corrosion than steel pipe, but it is not properly rated for its use in the pier systems. The pipe is not rated for exposure to sun and should only be used in light hazard occupancies. The hazards presented by the pier lead to concerns that the pipe would melt in a fast growing fire and quickly render the system inoperable. Therefore, the piping should be replaced with a steel pipe similar to what is currently used for the pipe risers, which is black steel pipe hot-dipped zinc-coated (galvanized) meeting the ASTM A 795 standard.

According to representatives from Tyco Fire Protection Products, the cost to replace sprinkler piping and heads for each system is expected to be as follows:

Materials: $37,000, including galvanized piping and corrosion resistant sprinkler heads Labor Time: Approximately 2.3 hours per sprinkler head. Note that this is a conservative estimate based on additional safety precautions needed to install a sprinkler system underneath the pier. Each system has approximately 250 heads.

Labor Cost: Approximately $150 per hour x 575 hours = $86,250 Total Cost: $123,250

2. Replace Recalled Sprinkler Heads
As described above, all sprinkler heads stamped with “Central” and “GB” should be replaced due to concerns with the corrosion of the O-ring of these sprinklers and the possibility that they will not activate as intended during a fire.

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Packet Pg. 170 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

3. Improve Inspection, Testing, and Maintenance
A review of the latest inspection, testing, and maintenance reports provided by the City of Santa Monica reveals that the current procedures do not meet the requirements of NFPA 25. All portions of the sprinkler systems, the standpipe systems, and the fire alarm system should follow the latest adopted NFPA 25 standard. Following these standards is especially important due to the harsh environment that the system is exposed to, and the fact that multiple sprinklers, piping, hangers, and risers were identified as requiring replacement or upgrades during recent field inspections. Refer to Appendix A for the latest inspection, testing, and maintenance requirements and the required actions for any deficiencies found in the system.

4. Remove Combustible Material
Field inspections of the area revealed that a large amount of combustible material is being stored underneath the pier. This significantly increases the chance for a large fire that could affect the pier. Much of the combustible material consists of plastic, paper, wood, and other combustible materials left over from past maintenance projects. To the extent possible, this material should be removed.

Per conversations with City of Santa Monica personnel, complete removal of the combustible material underneath the pier is not possible, as there are no options for moving these materials to another location. Therefore, Cosentini recommends that this material be consolidated to a certain area or areas that could be separated from the rest of the pier structure with fireresistance rated construction. Areas of combustible storage should be separated from the remainder of the pier by firestop construction described in Section 4.3.3.5 of NFPA 307, meeting the following requirements:
• Constructed of reinforced concrete or similar materials, with a fire-resistance rating of one hour.
• Transverse fire stops must fit tightly against the pier deck and around and structural members or pipes that pass through the firestop so that an effective barrier to fire and draft is maintained

5. Subdivision of Pier and Fire Department Planning
It is understood that the Santa Monica Fire Department plans to develop Pre-Fire Plans for responding to a fire at the pier. These plans will involve subdividing the structure and isolating any potential fire in order to limit damage to a specific portion of the pier. It is understood that one technique that the Fire Department plans to use is “trenching” in order to create a gap in combustible material between the fire location origin and the remaining structure.

It is recommended that the location of deck openings in the pier be analyzed and coordinated with these Pre-Fire Plans so that revolving nozzles and other fire-fighting devices could be used to assist in creating a barrier in the event of a fire. Deck openings are currently provided on the pier, but many have not been properly maintained. Per conversations with pier maintenance workers, deck openings in heavily trafficked areas and areas used for vehicle parking are difficult to maintain. For this reason, many of the openings have been covered. Covering these openings could significantly hamper the fire department’s ability to control a fire, because these

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Packet Pg. 171 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

access openings are essential for using the standpipe connections currently installed around the perimeter of the pier.

The location of deck openings should be coordinated the Santa Monica Fire Department Pre-Fire Plans and the expected areas where “trenching” to remove combustible materials could occur.

Openings should also be evaluated for compliance with the latest NFPA 307 standard as follows:
• Provided at intervals not exceeding 25 feet on center* • Openings must be over clear spaces to avoid interference by the substructure with effective operation of extinguishing devices.
• The effective arrangement of openings must not exceed 100 in² and must not be less than 9 in. in the smallest dimension, so as to pass the appliances for which they are intended.
• Openings must be provided with covers that can be removed. • Covers for openings must be constructed of, or insulated with, material that resists the passage of heat and fire in a manner equivalent to that of the pier deck. *Due to layout of structures and obstacles throughout the pier, it is recognized that providing deck openings every 25 feet in all directions is impractical. Therefore, it is recommended that the deck openings be provided at least every 150’ down the length of the pier (East-West), which is in line with the recommended distance for subdividing a pier with tranverse fire stops as found in the guidance of NFPA 307. At these 150’ intervals, deck openings should be provided every 25’ horizontally along the pier (North-South) so that an effective barrier with revolving nozzles can be created in the event of a fire. These 150’ interval locations should also be located in areas where the Fire Department could use a “trenching” method in order to provide a gap in combustible material.

Where maintenance of the openings is difficult due to heavy traffic, they should be protected to prevent damage. Instruction should be provided to maintenance workers to prevent the removal or covering of the openings, and periodic inspections should be performed to ensure proper upkeep.

Exposed Sprinkler System Options
Inspection of the pier sprinkler systems revealed that the biggest issue with proper maintenance will occur with the systems located west of the wooden perimeter wall as they are exposed to the ocean and sun. It is recognized that there may be a large cost associated with keeping these systems in proper working order, two options have been provided to address the issue. Either option could be implemented along with all of the recommendations above.

Option 1 – Retain Current Sprinkler Systems
The first option involves leaving Zones 8, 9, 10, 13, 14, and 15 as-is and updating inspection, testing, and maintenance procedures. The current condition of the system has deteriorated to a point where its proper activation is in doubt. Therefore, all deficiencies identified in this report must be repaired, and strict adherence to the requirements of NFPA 25 must be followed.

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Packet Pg. 172 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

Option 2 - Subdivision of Combustible Substructures
The current edition of NFPA 307 (2011) allows for alternatives to sprinkler system protection to existing substructures when, in the opinion of the authority having jurisdiction, it is impractical to install and maintain an automatic sprinkler system. Due to a variety of factors, it is of the opinion of Cosentini Associates that sprinkler systems Zones 8, 9, 10, 13, 14, and 15 may qualify as impractical to maintain.

The piping, pipe bracing, and sprinklers in these systems are exposed to a very harsh environment due to their close proximity the seawater, and a lack of barrier between the seawater and the systems. After visual inspections of the system and discussions with personnel from the Santa Monica Fire Marshal’s Office, sprinklers, piping, and bracing designed for corrosive environments are not able to withstand this environment for a significant amount of time, making maintenance costs prohibitive and preventing the system from activating as designed during a potential fire event.

If it is decided to decommission the sprinkler system in these areas, protection should still be provided for the remainder of the pier because the substructure is comprised of combustible wood construction.

In addition, the wooden catwalks are provided throughout the area within 4 feet of the ground, creating the possibility for a relatively small fire on the ground to spread upward to the wood and spread further to the pier decking. As an alternative to a sprinkler system in this area, other means of protection may be provided, including methods allowed by NFPA 307 in lieu of automatic sprinkler protection.

In order to provide an equivalent level of protection to a sprinkler system, the subdivision of the structure should be made by transverse fire walls or transverse fire stops as defined within NFPA 307.

The more robust tranverse fire walls must be constructed of reinforced concrete or other materials that are equivalent in stability and fire resistance rating, and must have a fire resistance rating of at least four hours. If these walls are used, they must extend from low water and the full width of the pier and must be installed at intervals not exceeding 450 feet. A section of the entire pier deck over the fire wall must also be constructed of fire-resistive construction to preserve the effectiveness of the wall, and the fireresistive section should extend for at least 10 feet on each side of the wall. It is of the opinion of Cosentini that the construction of these structures is impractical for the given structure given that the pier deck is crowded with existing structures that would prevent the construction of a fire-resistive section on the pier deck.

Where in the opinion of the authority having jurisdiction, the construction of transverse fire walls is impractical, transverse fire stops may be installed in lieu of fire walls. Transverse fire stops must meet the following requirements:
• Must extend from the low water line and be installed every 150 feet. • Constructed of reinforced concrete or similar materials, with a fire-resistance rating of one hour.
• Transverse fire stops must fit tightly against the pier deck and around and structural members or pipes that pass through the firestop so that an effective barrier to fire and draft is maintained
Utilizing as-built drawings of the pier, a hypothetical transverse fire stop system in compliance with NFPA 307 could be installed in the locations shown in the following figures.

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Packet Pg. 173 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

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Packet Pg. 174
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015

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Packet Pg. 175
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015

The construction of these fire stops must be weighed against the cost of maintaining the sprinkler systems in these areas. Building these firestop walls obviously presents difficult logistical challenges due to the complex network of existing piping and wooden catwalks underneath the pier. All penetrations would need to be sealed to retain a one hour fire rating. In addition, because the catwalks are essential for maintenance to the pier, they would need to be divided into different sections between the firestop walls, with new entrances needed to access the space between them.

Conclusion
An extensive review of the Santa Monica Pier fire sprinkler system documentation and field surveys of the system have been performed. Based on our review, the system is essential to the safety of the pier and its occupants. However, many existing conditions could prevent the system to activate as needed.

Improvements to the system recommended in this report should be made in order to ensure the proper protection of the pier.

Should you have any questions, please feel free to contact us.

Very truly yours,
COSENTINI ASSOCIATES, INC.

Code Consulting and Fire Engineering Services
Prepared by:

Andrew Biery, P.E. | Sr. Fire Protection Engineer
Phone: 617-803-8365
[email protected]
Reviewed by:

Andrew J. Thul, P.E. | Director of West Coast Operations – Sr. Fire Protection Engineer Direct: 949-809-5040 | Fax: 949-809-5010 | Mobile: 949-293-2585 [email protected]
Cosentini Associates, Inc. - A Tetra Tech Company
800 W. 6th, Suite 380
Los Angeles, CA 92614-6213
www.cosentini.com

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Packet Pg. 176 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015

References

1. Tyco Fire Protection Products. BlazeMaster Installation Instructions & Technical Handbook.

August 2014.

2. Moffatt and Nichol. “Fire Protection System Field Logs & Photographs.” Santa Monica Pier Fire Protection System. September, 2007.

3. Miranda, Carolina A. “The Rise and Spectacular Fall of Venice Beach’s Pacific Ocean Park.” Los Angeles Times. July 28, 2014. http://www.latimes.com/entertainment/arts/miranda/la-et-camvenice-beach-new-book-rise-and-fall-pacific-ocean-park-20140727-column.html

4. Consumer Product Safety Commission. “CPSC, Central Sprinkler Company Announce Voluntary Recall to Replace O-Ring Fire Sprinklers.” July 19, 2001. http://www.cpsc.gov/en/Recalls/2001/CPSC-Central-Sprinkler-Company-Announce-VoluntaryRecall-To-Replace-O-Ring-Fire-Sprinklers/

5.C.a
Packet Pg. 177 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015
Page A-1
Appendix A: NFPA 25 – 2014 Edition Requirements for Inspection, Testing, and Maintenance

5.C.a
Packet Pg. 178 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015
Page A-2
Appendix A: NFPA 25 – 2014 Edition Requirements for Inspection, Testing, and Maintenance

5.C.a
Packet Pg. 179 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015
Page A-3
Appendix A: NFPA 25 – 2014 Edition Requirements for Inspection, Testing, and Maintenance

5.C.a
Packet Pg. 180 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015
Page A-4
Appendix A: NFPA 25 – 2014 Edition Requirements for Inspection, Testing, and Maintenance

5.C.a
Packet Pg. 181 Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) June 16, 2015
Page B-1
Appendix B: Santa Monica Invoice Log from 12/2010 - Present All Systems Fire Protection Work OrdersWork Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-22467 All Systems Fire Protection
12/10/2010 255 Pier - 8 waterflow alarms - tamper switch on riser 206 closed, reset
12/20/2010 12/22/2010 17964-OF 2010-11
FACM-22467 All Systems Fire
Protection
12/20/2010 425 Pier - shutdown / drain fire sprinkler system by Carousel, plug, refill
12/30/2010 1/6/2011 17964-OF 2010-11
FACM-22467 All Systems Fire
Protection
2/11/2011 1,580.25 Pier - fire sprinkler quarterly maintenance inspection per title 19
2/14/2011 3/3/2011 17964-OF 2010-11
FACM-22467 All Systems Fire
Protection
4/11/2011 400.15 Pier - fire sprinkler test valve leak in electrical room by RR - ball valve
4/18/2011 4/28/2011 17964-OF 2010-11
FACM-22467 All Systems Fire
Protection
4/15/2011 4,125.00 Pier - Carousel fire alarm annual / 5-year sprinkler test
4/25/2011 4/28/2011 17964-OF 2010-11
FACM-22467 All Systems Fire
Protection
5/25/2011 1,580.25 Pier - quarterly fire sprinkler inspection 6/6/2011 6/9/2011 17964-OF 2010-11 FACM-22467 All Systems Fire
Protection
5/26/2011 464.47 Pier - sw corner leaking sprinkler head repairs at surfline
6/20/2011 6/23/2011 17964-OF 2010-11
FACM-35674 All Systems Fire
Protection
9/7/2011 1,575.00 Pier - quarterly maintenance inspection of fire sprinkler system
11/14/2011 11/16/2011 19022-OF 2011-12
FACM-35704 All Systems Fire
Protection
9/12/2011 509.77 Pier - fire sprinkler under Pacific Park MRR leak / replace flow switch
9/26/2011 9/29/2011 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
10/26/2011 10,935.00 Pier - fire sprinkler 7 PSI water gauges, 6 test valves, bracing,
10/31/2011 11/2/2011 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
11/8/2011 3,644.56 Pier - fire sprinkler repair payment #2 11/14/2011 11/16/2011 19022-OF 2011-12 FACM-35674 All Systems Fire
Protection
11/8/2011 4,437.62 Pier - removed/replaced heads on systems 7, 8, and 9
2/20/2012 3/1/2012 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
12/20/2011 611.68 Pier - troubleshoot/repair sprinkler Pacific Park
1/9/2012 1/11/2012 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
1/31/2012 1,956.83 Pier - quarterly sprinkler inspection, 10 new gauge kits w/ pitot tube
3/27/2012 3/29/2012 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
2/14/2012 1,040.00 Pier - service call to repair fire alarm system 3/5/2012 3/7/2012 19022-OF 2011-12 FACM-44021 All Systems Fire
Protection
2/29/2012 244.6 Pier - trash barn area sprinkler repairs 3/26/2012 3/29/2012 19022-OF 2011-12 FACM-44022 All Systems Fire
Protection
2/29/2012 390 Pier - fire alarm ground fault - tamper switch by restrooms
3/27/2012 3/29/2012 19022-OF 2011-12

5.C.a
Packet Pg. 182
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015
Page B-2
Appendix B: Santa Monica Invoice Log from 12/2010 - Present Work Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-44939 All Systems Fire Protection
3/30/2012 325.54 Pier - fire alarm os+y tamper for RR - replace corroded module
4/9/2012 4/12/2012 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
4/17/2012 1,575.00 Pier - quarterly fire sprinkler inspection 6/11/2012 6/13/2012 19022-OF 2011-12 FACM-47662 All Systems Fire
Protection
4/17/2012 1,945.00 Pier - annual fire alarm / central station test 6/11/2012 6/13/2012 19022-OF 2011-12 FACM-47225 All Systems Fire
Protection
4/17/2012 394.57 Pier - repair riser 106 pipe above itv 6/11/2012 6/27/2012 19022-OF 2011-12 FACM-47661 All Systems Fire
Protection
6/7/2012 1,105.50 Pier - fire alarm corroded wiring replacement - 8 hours
6/11/2012 6/13/2012 19022-OF 2011-12
FACM-35674 All Systems Fire
Protection
6/15/2012 1,575.00 Pier - quarterly fire sprinkler inspection - 6/13 6/25/2012 6/27/2012 19022-OF 2011-12 FACM-47966 All Systems Fire
Protection
6/15/2012 268.31 Pier - Santa Monica Aquarium - smoke
detector replacement
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-47965 All Systems Fire
Protection
6/15/2012 626.31 Pier - Carousel - 2 smoke detectors, tamper switch, 2 12v batteries
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-47961 All Systems Fire
Protection
6/15/2012 1,071.79 Pier - Harbor Patrol - 1st fl pull station, 2 smoke detectors, 12v, bell,
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-47957 All Systems Fire
Protection
6/15/2012 1,244.26 Pier - sprinkler system shut down, drain, replace hangers, valve, caps
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-47964 All Systems Fire
Protection
6/15/2012 2,570.53 Pier - Pacific Park - 7 sprinker water flow switches, 2 control valve tamper
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-47962 All Systems Fire
Protection
6/15/2012 416.14 Pier - Rusty's - rewire kitchen suppression systems, sprinkler parts
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-47967 All Systems Fire
Protection
6/15/2012 1,937.93 Pier - fire sprinkler shutdown, drain, 12 wax coated heads, bracing, pipe,
6/25/2012 6/27/2012 19022-OF 2011-12
FACM-49455 All Systems Fire
Protection
7/24/2012 170 Pier - panel phone line trouble by restaurants / Carousel - call telco
8/6/2012 8/8/2012 21017-OF 2012-13
FACM-49651 All Systems Fire
Protection
7/31/2012 714.84 Pier - Rusty's kitchen ansul system wiring / conduit - tie into panel 6 hrs
8/20/2012 9/13/2012 21017-OF 2012-13
FACM-50529 All Systems Fire
Protection
8/17/2012 385.77 Pier - fire sprinkler - install 3 hangers by bike bath
9/4/2012 9/13/2012 21017-OF 2012-13
FACM-51176 All Systems Fire
Protection
9/7/2012 536.05 Pier - fire sprinkler - 3 hangers by waters edge, leaky pipe by bike path
9/17/2012 9/19/2012 21017-OF 2012-13
FACM-51172 All Systems Fire
Protection
9/7/2012 1,012.48 Pier - merge restaurant fire alarm modules Silent Knight 5820XL panel
9/17/2012 9/19/2012 21017-OF 2012-13
All Systems
Fire Protection - 35 Total:
$52,050.20

5.C.a
Packet Pg. 183
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015
Page B-3
Appendix B: Santa Monica Invoice Log from 12/2010 - Present Tri-Signal Work OrdersWork Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-56028 Tri-Signal 11/1/2012 200 Pier - Carousel fire alarm annual testing 12/17/2012 12/20/2012 21405-OF 2012-13 FACM-56028 Tri-Signal 11/1/2012 140 Pier - Carousel quarterly sprinkler test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56028 Tri-Signal 11/1/2012 30 Pier - Carousel main drain annual test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56025 Tri-Signal 11/1/2012 380 Pier - 250 Bldg - annual fire alarm test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56025 Tri-Signal 11/1/2012 160 Pier - 250 Bldg - quarterly sprinkler test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56025 Tri-Signal 11/1/2012 20 Pier - 250 Bldg - annual main drain test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56026 Tri-Signal 11/1/2012 520 Pier - 250 Bldg - Ansul annual fire alarm test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56026 Tri-Signal 11/1/2012 300 Pier - 250 Bldg - Ansul quarterly sprinkler system test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56026 Tri-Signal 11/1/2012 40 Pier - 250 Bldg - Ansul annual main drain system test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56028 Tri-Signal 11/1/2012 520 Pier - Harbor Patrol annual fire alarm system test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56028 Tri-Signal 11/1/2012 300 Pier - Harbor Patrol quarterly sprinkler testing / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56028 Tri-Signal 11/1/2012 30 Pier - Harbor Patrol annual main drain system test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56027 Tri-Signal 11/1/2012 520 Pier - Aquarium annual fire alarm test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56027 Tri-Signal 11/1/2012 300 Pier - Aquarium quarterly fire sprinkler system test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-56027 Tri-Signal 11/1/2012 30 Pier - Aquarium annual main drain test / inspection
12/17/2012 12/20/2012 21405-OF 2012-13
FACM-57120 Tri-Signal 12/3/2012 295 Pier - fire sprinkler alarm - 2, 9, 36 - need 3 new modules
1/14/2013 1/16/2013 21311-OF 2012-13
FACM-58394 Tri-Signal 12/24/2012 603.02 Pier - 250 SM Pier fire alarm - replace 3 smoke detectors
2/11/2013 2/14/2013 21311-OF 2012-13
FACM-56028 Tri-Signal 2/1/2013 140 Pier - Carousel quarterly sprinkler test / inspection
3/4/2013 3/6/2013 21405-OF 2012-13

5.C.a
Packet Pg. 184
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015
Page B-4
Appendix B: Santa Monica Invoice Log from 12/2010 - Present Work Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-56025 Tri-Signal 2/1/2013 160 Pier - 250 Bldg - quarterly sprinkler test / inspection
3/4/2013 3/6/2013 21405-OF 2012-13
FACM-56026 Tri-Signal 2/1/2013 300 Pier - 250 Bldg - Ansul quarterly sprinkler system test / inspection
3/4/2013 3/6/2013 21405-OF 2012-13
FACM-56029 Tri-Signal 2/1/2013 300 Pier - Harbor Patrol - quarterly fire sprinkler test / inspection
3/4/2013 3/6/2013 21405-OF 2012-13
FACM-56027 Tri-Signal 2/1/2013 300 Pier - Aquarium quarterly fire sprinkler test / inspection
3/4/2013 3/6/2013 21405-OF 2012-13
FACM-58802 Tri-Signal 2/13/2013 250 Pier - 250 Building - disconnect tamper switch, strap out at module
3/4/2013 3/6/2013 21311-OF 2012-13
FACM-61309 Tri-Signal 4/2/2013 420 Pier - fire sprinkler waterflow alarm due to Delta phase IV construction
6/10/2013 6/12/2013 21311-OF 2012-13
FACM-56028 Tri-Signal 5/1/2013 140 Pier - Carousel quarterly sprinkler test / inspection
6/10/2013 6/12/2013 21405-OF 2012-13
FACM-56025 Tri-Signal 5/1/2013 160 Pier - 250 Bldg - quarterly sprinkler test / inspection
6/10/2013 6/12/2013 21405-OF 2012-13
FACM-56026 Tri-Signal 5/1/2013 300 Pier - 250 Bldg - Ansul quarterly sprinkler system test / inspection
6/10/2013 6/12/2013 21405-OF 2012-13
FACM-56029 Tri-Signal 5/1/2013 300 Pier - Harbor Patrol - quarterly fire sprinkler test / inspection
6/10/2013 6/12/2013 21405-OF 2012-13
FACM-56027 Tri-Signal 5/1/2013 300 Pier - Aquarium quarterly fire sprinkler test / inspection
6/10/2013 6/20/2013 21405-OF 2012-13
FACM-66208 Tri-Signal 6/4/2013 357.5 Pier - fire alarm - module 33 corroded - cleaned
7/15/2013 7/18/2013 21311-OF 2012-13
FACM-67637 Tri-Signal 8/1/2013 140 Pier - Carousel - quarterly fire sprinkler test 9/9/2013 9/12/2013 22016-OF 2013-14 FACM-67635 Tri-Signal 8/1/2013 160 Pier - 250 Silent Knight - quarterly sprinkler test
9/9/2013 9/12/2013 22016-OF 2013-14
FACM-67636 Tri-Signal 8/1/2013 300 Pier - 250 ansul system - quarterly fire sprinkler test
9/9/2013 9/12/2013 22016-OF 2013-14
FACM-67639 Tri-Signal 8/1/2013 300 Pier - Harbor Patrol - quarterly fire sprinkler test
9/9/2013 9/12/2013 22016-OF 2013-14
FACM-67638 Tri-Signal 8/1/2013 300 Pier - Aquarium - quarterly sprinkler test 9/9/2013 9/12/2013 22016-OF 2013-14 FACM-67249 Tri-Signal 8/14/2013 250 Pier - 250 fire alarm call - reset duct detector 9/23/2013 9/26/2013 22351-OF 2013-14 FACM-68711 Tri-Signal 8/16/2013 375 Pier - 250 restaurant construction ground fault & Carousel fire alarm
9/23/2013 9/26/2013 22351-OF 2013-14
FACM-68887 Tri-Signal 9/23/2013 545 Pier - 250 - fire alarm sprinkler head damaged 11/4/2013 11/7/2013 22016-OF 2013-14

5.C.a
Packet Pg. 185
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015
Page B-5
Appendix B: Santa Monica Invoice Log from 12/2010 - Present Work Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-68887 Tri-Signal 9/24/2013 2,981.45 Pier - repair pvc sprinkler line & sprinkler head under Pier
11/4/2013 11/7/2013 22016-OF 2013-14
FACM-69100 Tri-Signal 9/24/2013 900 Pier - repair post indicator valve by Aquarium, tamper switch install
11/4/2013 11/7/2013 22016-OF 2013-14
FACM-69100 Tri-Signal 9/27/2013 903.53 Pier - fire alarm panel m33-pt - aquarium batteries, PIV check
11/25/2013 11/26/2013 22016-OF 2013-14
FACM-71367 Tri-Signal 10/15/2013 3,450.59 Pier - fire sprinkler line under Pier repairs - 10/8 to 10/15
11/25/2013 11/26/2013 22016-OF 2013-14
FACM-67637 Tri-Signal 11/1/2013 200 Pier - Carousel - annual fire alarm test 12/2/2013 12/19/2013 22016-OF 2013-14 FACM-67637 Tri-Signal 11/1/2013 140 Pier - Carousel - quarterly fire sprinkler test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67637 Tri-Signal 11/1/2013 30 Pier - Carousel - annual main drain test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67635 Tri-Signal 11/1/2013 380 Pier - 250 Silent Knight - annual fire alarm test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67635 Tri-Signal 11/1/2013 160 Pier - 250 Silent Knight - quarterly sprinkler test
12/2/2013 12/5/2013 22016-OF 2013-14
FACM-67635 Tri-Signal 11/1/2013 20 Pier - 250 Silent Knight - annual main drain test
12/2/2013 12/5/2013 22016-OF 2013-14
FACM-67636 Tri-Signal 11/1/2013 520 Pier - 250 ansul system - annual fire alarm test
12/2/2013 12/5/2013 22016-OF 2013-14
FACM-67636 Tri-Signal 11/1/2013 300 Pier - 250 ansul system - quarterly fire sprinkler test
12/2/2013 12/5/2013 22016-OF 2013-14
FACM-67636 Tri-Signal 11/1/2013 40 Pier - 250 ansul system - annual main drain test
12/2/2013 12/5/2013 22016-OF 2013-14
FACM-67639 Tri-Signal 11/1/2013 520 Pier - Harbor Patrol - annual fire alarm test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67639 Tri-Signal 11/1/2013 300 Pier - Harbor Patrol - quarterly fire sprinkler test
12/2/2013 12/5/2013 22016-OF 2013-14
FACM-67639 Tri-Signal 11/1/2013 30 Pier - Harbor Patrol - annual main drain test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67638 Tri-Signal 11/1/2013 520 Pier - Aquarium - annual fire alarm test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67638 Tri-Signal 11/1/2013 300 Pier - Aquarium - quarterly sprinkler test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-67638 Tri-Signal 11/1/2013 30 Pier - Aquarium - annual main drain test 12/2/2013 12/5/2013 22016-OF 2013-14 FACM-72300 Tri-Signal 11/14/2013 295 Pier - fire sprinkler head on system 12 - itv opened
12/9/2013 12/11/2013 22016-OF 2013-14
FACM-72303 Tri-Signal 11/19/2013 1,295.00 Pier - fire sprinkler control valve check/rec replace 707, 708; 204 fail
1/21/2014 1/22/2014 22016-OF 2013-14

5.C.a
Packet Pg. 186
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015
Page B-6
Appendix B: Santa Monica Invoice Log from 12/2010 - Present Work Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-76585 Tri-Signal 1/13/2014 3,548.27 Pier - fire sprinkler system - 2 cntrl valve, 4 couplers, 4 sg2 gauges
2/18/2014 2/28/2014 22351-OF 2013-14
FACM-67637 Tri-Signal 2/1/2014 140 Pier - Carousel - quarterly fire sprinkler test 5/26/2014 5/28/2014 22016-OF 2013-14 FACM-67635 Tri-Signal 2/1/2014 160 Pier - 250 Silent Knight - quarterly sprinkler test
5/26/2014 5/28/2014 22016-OF 2013-14
FACM-67636 Tri-Signal 2/1/2014 300 Pier - 250 ansul system - quarterly fire sprinkler test
5/26/2014 5/28/2014 22016-OF 2013-14
FACM-67639 Tri-Signal 2/1/2014 300 Pier - Harbor Patrol - quarterly fire sprinkler test
5/26/2014 5/28/2014 22016-OF 2013-14
FACM-67638 Tri-Signal 2/1/2014 300 Pier - Aquarium - quarterly sprinkler test 5/26/2014 6/20/2014 22016-OF 2013-14 FACM-77839 Tri-Signal 3/4/2014 513.75 Pier - fire alarm call - waterflow switch #8 / dev M33-49 rain damage
5/26/2014 5/28/2014 22351-OF 2013-14
FACM-77839 Tri-Signal 3/7/2014 1,040.30 Pier - fire sprinkler - replace flow switch system 8, M33-49 control vlv
4/7/2014 4/10/2014 22351-OF 2013-14
FACM-77956 Tri-Signal 3/15/2014 1,920.00 Pier - fire sprinkler head & pipe leak repairs 4/21/2014 4/25/2014 22351-OF 2013-14 FACM-79373 Tri-Signal 4/8/2014 600.4 Pier - fire sprinkler repair / section 9 flow switch
5/26/2014 6/20/2014 22351-OF 2013-14
FACM-79373 Tri-Signal 4/8/2014 1.12 Pier - fire sprinkler repair - section 9 - handling tax added by Finance
5/26/2014 6/20/2014 22351-OF 2013-14
FACM-67637 Tri-Signal 5/1/2014 140 Pier - Carousel - quarterly fire sprinkler test 6/9/2014 6/20/2014 22016-OF 2013-14 FACM-67635 Tri-Signal 5/1/2014 160 Pier - 250 Silent Knight - quarterly sprinkler test
6/9/2014 6/20/2014 22016-OF 2013-14
FACM-67636 Tri-Signal 5/1/2014 300 Pier - 250 ansul system - quarterly fire sprinkler test
6/9/2014 6/20/2014 22016-OF 2013-14
FACM-67639 Tri-Signal 5/1/2014 300 Pier - Harbor Patrol - quarterly fire sprinkler test
6/9/2014 6/20/2014 22016-OF 2013-14
FACM-67638 Tri-Signal 5/1/2014 300 Pier - Aquarium - quarterly sprinkler test 6/9/2014 6/20/2014 22016-OF 2013-14 FACM-86709 Tri-Signal 8/1/2014 140 Pier - Carousel quarterly fire sprinkler test 9/15/2014 9/18/2014 23055-OF 2014-15 FACM-86705 Tri-Signal 8/1/2014 160 Pier - 250 Silent Knight - quarterly fire sprinkler test
9/15/2014 9/18/2014 23055-OF 2014-15
FACM-86706 Tri-Signal 8/1/2014 300 Pier - 250 ansul - quarterly fire sprinkler test 9/15/2014 9/18/2014 23055-OF 2014-15 FACM-86709 Tri-Signal 8/1/2014 300 Pier - Harbor Patrol quarterly fire sprinkler test 9/15/2014 9/18/2014 23055-OF 2014-15 FACM-86707 Tri-Signal 8/1/2014 300 Pier - Aquarium quarterly fire sprinkler test 9/15/2014 9/18/2014 23055-OF 2014-15

5.C.a
Packet Pg. 187
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire June 16, 2015
Page B-7
Appendix B: Santa Monica Invoice Log from 12/2010 - Present Work Order # Company Name Invoice Date Actual Cost Invoice Description Batch Date Paid Date PO Number Fiscal YearFACM-93782 Tri-Signal 8/4/2014 1,181.85 Pier - fire sprinkler - replace 4" gxg butterfly valve, 16 gauges / kits
1/26/2015 23055-OF 2014-15
FACM-86708 Tri-Signal 11/1/2014 200 Pier - Carousel annual fire alarm test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86708 Tri-Signal 11/1/2014 140 Pier - Carousel quarterly fire sprinkler test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86708 Tri-Signal 11/1/2014 30 Pier - Carousel annual main drain test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86705 Tri-Signal 11/1/2014 380 Pier - 250 Silent Knight - annual fire alarm test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86705 Tri-Signal 11/1/2014 160 Pier - 250 Silent Knight - quarterly fire sprinkler test
1/5/2015 1/8/2015 23055-OF 2014-15
FACM-86705 Tri-Signal 11/1/2014 20 Pier - 250 Silent Knight - annual main drain test
1/5/2015 1/8/2015 23055-OF 2014-15
FACM-86706 Tri-Signal 11/1/2014 520 Pier - 250 ansul - annual fire alarm test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86706 Tri-Signal 11/1/2014 300 Pier - 250 ansul - quarterly fire sprinkler test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86706 Tri-Signal 11/1/2014 40 Pier - 250 ansul - annual main drain test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86709 Tri-Signal 11/1/2014 300 Pier - Harbor Patrol quarterly fire sprinkler test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86707 Tri-Signal 11/1/2014 520 Pier - Aquarium annual fire alarm test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86707 Tri-Signal 11/1/2014 300 Pier - Aquarium quarterly fire sprinkler test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-86707 Tri-Signal 11/1/2014 30 Pier - Aquarium annual main drain test 1/5/2015 1/8/2015 23055-OF 2014-15 FACM-90068 Tri-Signal 11/13/2014 1,500.00 Pier - fire sprinkler 101 system - grooved coupling leak, 201 closed
1/12/2015 1/15/2015 23055-OF 2014-15
FACM-90068 Tri-Signal 11/18/2014 3,000.00 Pier - fire sprinkler - replace 101 groove coupling, fitting 5x6
1/12/2015 1/15/2015 23055-OF 2014-15
Tri-Signal - 96 Total:
$43,346.78

5.C.a
Packet Pg. 188
Attachment: Pier Fire Protection Assessment Report (5286 : Award Construction Contract for Pier Fire

5.C.d
Packet Pg. 189
Attachment: Oaks Form (Jilk Heavy Construction, Inc.) (5286 : Award Construction Contract for Pier Fire Sprinkler Phase 2) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 5.D
1 of 4
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.

Executive Summary
In response to Federal, State, and County official and health agency guidance, the City Manager issued an Executive Order declaring a local emergency on March 13, 2020 due to the COVID-19 global pandemic. Council initially ratified the proclamation of local emergency on March 19, 2020, and re-ratified the proclamation on 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, May 24, 2022, July 12, 2022, and September 13, 2022. As the City’s Director of Emergency Services, the City Manager has issued a total of 44 Supplements to the Executive Order, with specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors. The most recent Supplement, issued on November 21, 2022, has extended the Order through February 28, 2023 in line with the State of California.

On March 4, 2020, Governor Newsom issued a proclamation that suspended and waived the 60-day time period in Government Code 8630 within which local

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governmental authorities must renew a local emergency for the duration of this statewide emergency. Nonetheless, it remains a best practice for the City Council to ratify all supplements to the Executive Order as soon as practicable pursuant to SMMC section 2.16.100, which requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council.” Accordingly, this staff report recommends re-ratifying the Proclamation of Local Emergency as well as re-ratifying all of the previously ratified supplements that remain in effect and the one additional supplement that was issued on November 21, 2022, but which has not yet been ratified.

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

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

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

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

The Director of Emergency Services has issued 44 separate supplements to the Executive Order of March 13, 2020. On September 13, 2022, the City Council re-ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, TwentyFourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, ThirtySixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, and Forty-Third Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through December 31, 2022 or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual supplement. On November 21, 2022, the Director of Emergency Services issued a 44th Supplement, extending the declaration of local emergency through February 28, 2023 in line with the State of California. (Exhibit C) The emergency proclamation and its supplements were issued by the City Manager and Interim City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code 2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Staff now request that Council adopt the attached resolution ratifying, as of January 10, 2023, the Executive Order, and the Fifth

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Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, TwentyFifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, ThirtySecond, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, Forty-Third, and Forty-Fourth Supplemental Orders, issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
This is not a project pursuant to CEQA.

Fiscal Impacts
None.

Prepared By: Michelle Hugard, Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. Covid EO Resolution
B. Ex A-Proclamation-Local Emergency-COVID 03.13.2020
C. Ex B-Proclamation-Local Emergency-COVID 03.14.2020
D. Ex C-44_COVID Emergency Orders Forty Fourth Supplement

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1 City Council Meeting: January 10, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL

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

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Packet Pg. 194 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 2 already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on, before, and after March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and WHEREAS, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to COVID-19, and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures, and

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Packet Pg. 195 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 3 WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 44 separate supplements to the Executive Order; and
WHEREAS, on multiple occasions since the Director of Emergency Services issued the Executive Order on March 13, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services; most recently, on September 13, 2022, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, TwentySeventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty- Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, ThirtyNinth, Fortieth, Forty-First, Forty-Second, and Forty-Third Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, ThirtySixth, Thirty- Seventh, and Thirty-Ninth Supplements, be operative and remain in effect

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Packet Pg. 196 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 4 through December 31, 2022, or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual supplement; and
WHERAS, on November 21, 2022, the Director of Emergency Services issued a 44th Supplement, extending the declaration of local emergency through February 28, 2023 in line with the State of California, and
WHEREAS the findings included in each Executive Order and Supplement to the Executive Order referenced herein are included herein as if stated in full; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have issued public health recommendations that continue to include public health precautions in addition to vaccination to protect public health and prevent transmission of this communicable virus; and
WHEREAS, as stated in the Proclamation of Existence of a Local Emergency, the City Council finds that as of January 10, 2023, and continuing past that date, the above-described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS in the interest of public health and safety, as affected by the global, national, state, and local emergency caused by the spread of COVID-19, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica

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Packet Pg. 197 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 5 Municipal Code to ratify the actions of the Director of Emergency Services related to the protection of life and property.

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

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

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

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

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

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

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

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Packet Pg. 198 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 6 SECTION 7. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 8. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

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

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

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

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Packet Pg. 199 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 7 SECTION 14. The Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

SECTION 17. The Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

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

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Packet Pg. 200 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 8 SECTION 21. The Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

SECTION 24. The Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

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

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Packet Pg. 201 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 9 SECTION 28. The Corrected Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

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

SECTION 32. The Thirty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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

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

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

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Packet Pg. 202 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 10 SECTION 36. The Forty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 37. The Forty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is hereby ratified.

SECTION 38. It is hereby proclaimed that a local emergency now exists, and as of January 10, 2023 existed, throughout the City. It is further proclaimed and ordered that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 39. The City Council authorizes the City Manager, in his capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the spread of COVID-19.

SECTION 40. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council.

SECTION 41. The Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, TwentyThird, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty- Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth,

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Packet Pg. 203 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 11 Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, Forty-First, FortySecond, Forty-Third, and Forty-Fourth Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall, except for those portions of earlier supplements that were not extended, shall remain in effect until February 28, 2023 or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual Supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto.

SECTION 42. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional. //

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Packet Pg. 204 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 12 SECTION 43. 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

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Packet Pg. 205 Attachment: Covid EO Resolution (5478 : Covid Proclamation)

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

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE

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

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

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Packet Pg. 206 Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5478 : Covid Proclamation) That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

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

ADOPTED this 13th day of March 2020.

By: _________________________

RICK COLE
City Manager
Director of Emergency Services

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Packet Pg. 207 Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5478 : Covid Proclamation) ATTEST:
___________________

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

APPROVED AS TO FORM:
______________________

LANE DILG
City Attorney

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Packet Pg. 208 Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5478 : Covid Proclamation) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE

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

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

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Packet Pg. 209 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5478 : Covid Proclamation) 2 That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and
That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a proclamation of local emergency to declare the existence of a local emergency; and That this revised proclamation is issued as an additional precaution and out of an abundance of caution in accordance with laws related to use of digital signatures; and DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

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Packet Pg. 210 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5478 : Covid Proclamation) 3 That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

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

ADOPTED this 14th day of March 2020.

By: _____________________________

RICK COLE
City Manager
Director of Emergency Services
ATTEST:
___________________

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

APPROVED AS TO FORM:
______________________

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

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Packet Pg. 211 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5478 : Covid Proclamation) 1 Office ofthe City Manager

FORTY-FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE

DIRECTOR OF EMERGENCY SERVICES DECLARING

THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARSCoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and to effectuate the City’s response to COVID-19, and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures, and
WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 43 separate supplements to the Executive Order; and
DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8

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Packet Pg. 212 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) 2 WHEREAS, on multiple occasions since the Director of Emergency Services issued the Executive Order on March 13, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, TwentySecond, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, TwentyEighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty- Seventh, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, and Forty-Third Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and now resolves that the supplements being ratified shall, except for those portions of earlier supplements that were not extended, be operative and remain in effect through February 28, 2023; and WHEREAS, Los Angeles County adopted the Resolution Further Amending and Restating the County of Los Angeles COVID-19 Tenant Protections, which applies to incorporated cities within the County but does not preclude an incorporated city within the County from imposing greater protections; and which, among other things, implements an eviction moratorium that, by its terms, extends protections against evictions based on specified grounds through December 31, 2022; and
WHEREAS, on June 29, 2022, the Director of Emergency Services issued a Forty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, amended and restated COVID-19 tenant protections previously set forth in the Forty-Second Supplement, including protections for evictions based on no-fault reasons, nuisance, or unauthorized occupants or pets; remedies for violations of eviction protections; protections related to tenant harassment; eviction reporting requirements for landlords; and a prohibition on deception by landlords in connection with these rights and obligations; and
WHEREAS, on September 13, 2022, the City Council approved and adopted an ordinance codifying, in substantially similar form, the landlord reporting requirement for endeavors to evict initially set forth in the Forty-Second Supplement and extended by the Forty-Third Supplement; and
WHEREAS, having codified the reporting requirement for endeavors to evict, the requirements will remain in effect, and do not need to be extended by executive order; and WHEREAS, for the reasons stated in the recitals to the Forty-Second and Forty-Third Supplements, which are incorporated by reference as though fully set forth herein, the City’s ability to effectively enforce the other stated COVID-19 tenant protections occurring in Santa Monica nonetheless continues to be critical to protect the public health and safety during this local emergency; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8

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Packet Pg. 213 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) 3 WHEREAS, as of November 8, 2022, the Los Angeles County Department of Public Health has confirmed 3,497,583 cases of COVID-19 in Los Angeles County and has continued to advise that public health measures remain required to prevent the further spread of COVID-19; and
WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section

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

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

IT IS HEREBY ORDERED THAT:

A. Extension of Emergency Supplements

1. Subject to the exceptions stated in Section 2 of the Nineteenth Supplement issued June 29, 2020; Sections 6 and 7 of the Thirty-First Supplement issued December 22, 2020; Sections 8 through 11 of the Corrected Thirty-Fourth Supplement issued March 24, 2021; Sections 2 and 3 of the Thirty-Fifth Supplement issued April 27, 2021; Sections 19 and 20 of the Thirty-Sixth Supplement issued May 18, 2021; Sections 2, 3, and 4 of the Thirty-Seventh Supplement issued June 24, 2021; Section 2 of the Thirty-Ninth Supplement issued July 14, 2021; Sections 2 and 4 of the Forty-Second Supplement issued on January 27, 2022; and Section 2 of the Forty-Third Supplement issued June 29, 2022, the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty- Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty- Seventh, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, and FortyThird Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or February 28, 2023. At that time, the foregoing Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto.

DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8

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Packet Pg. 214 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) 4 2. The reporting requirements for endeavors to evict set forth in Section 8 of the FortySecond Supplement have now been codified in substantially similar form as Santa Monica Municipal Code Section 4.27.060 and is not extended as of the effective date of the Order.

B. General Provisions

3. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services, this Order shall remain in effect until, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or February 28, 2023.

4. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The City Manager hereby declares that he would have issued this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order, and each and every section, subsection, sentence, clause, or phrase of this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order not declared invalid or unconstitutional, without regard to whether any portion of this Order, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional.

ADOPTED this _____th day of November 2022.

By:

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

DENISE ANDERSON-WARREN DOUGLAS SLOAN
City Clerk City Attorney
DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8 21 5.D.d
Packet Pg. 215 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 5.E
1 of 6
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Accept Proposal and Enter into Agreement with the San Francisco AIDS Foundation for the AIDS/LifeCycle 2023 Finish Line Festival Recommended Actions
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a license agreement with the San Francisco AIDS Foundation for use of the 4 South Beach Parking Lot from June 9-10, 2023 for the “AIDS/LifeCycle 2023 Finish Line Event”.

Summary
In 2019, the City of Santa Monica partnered with Downtown Santa Monica, Inc. (DTSM), and the Santa Monica Pier to host the first SaMo Pride Month to celebrate and support the LGBTQ+ community. Since that time, Santa Monica Place and Santa Monica Travel and Tourism have joined as SaMo Pride partners. Staff now requests authorization to bring the Finish Line Festival for AIDS/LifeCycle 2023 to Santa Monica as part of 2023 SaMo Pride programming. AIDS/LifeCycle (The Ride), a 7 day, 545- mile bike ride from San Francisco to Los Angeles, co-produced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center, brings approximately 2,500 cyclists down the California coastline over a 545-mile route from San Francisco to Santa Monica. The Ride is the premier fundraising event for both agencies, and in 2022 raised over $17 million for HIV/AIDS services in the San Francisco and Los Angeles regions. Staff have examined several locations for this event and determined that the City Beach Lot 4 South is the best fit for the needs of The Ride, while preserving beach

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access and parking. To host this event, staff now seeks authority to enter into a License Agreement with the San Francisco AIDS Foundation for use of the City Beach Lot 4 South for the Finish Line Festival and closing events for AIDS/LifeCycle 2023.

Discussion
To further embrace the City’s core values of equity and inclusion, SaMo PRIDE was established in 2019 as a city-wide partnership between the City of Santa Monica, Downtown Santa Monica, Inc., Santa Monica Pier, Santa Monica Place and Santa Monica Travel and Tourism dedicated to celebrating the LGBTQIA+ community and providing a platform to champion individuality and acceptance. Since its inaugural year, SaMo PRIDE has evolved into a rich community tradition with family-friendly displays, events and activities that encapsulate the City’s inclusive and diverse spirit. SaMo PRIDE continues to strive to increase visibility and understanding of the broad spectrum of gender identities and experiences within the LGBTQIA+ community. The City’s perfect score on the Human Rights’ Campaign’s 2022 Municipal Equality Index is recognition of the community’s broad commitment to LGBTQIA+ equity inclusion, creation of safe spaces, inclusive policies, and advocacy for LGBTQIA+ protections.

The opportunity to bring The Ride and the Finish Line Festival event to Santa Monica advances the work established in SaMo Pride to support the LGBTQIA+ community and address issues facing this community. Services for those living with HIV/AIDS remains a critical health need. The Center for Disease Control estimates that 62,800 people with HIV/AIDS are living in Los Angeles County. The virus disproportionately affects people of color and the LGBTQ+ community, those who have difficulty accessing traditional healthcare services. Those living with HIV/AIDS are also at greater risk of becoming homeless. The range of services funded by the AIDS/LifeCycle event help support this community to ensure access to treatment, education, and other services.

Overview of the Ride
The Ride is a 7 day, 545-mile bike ride from San Francisco to Los Angeles, coproduced by and benefiting San Francisco AIDS Foundation and the Los Angeles LGBT Center. The Ride began in 1994 and was called the “California AIDS Ride.” In 2002, it

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was rebranded as AIDS/LifeCycle. Since 1994, participants have raised more than $300 million for the HIV and AIDS-related services of the Los Angeles LGBT Center and San Francisco AIDS Foundation. In 2022, the Ride raised $17.8 million, approximately 30% of the budgets for these two agencies.

Overview of the Event
The AIDS/LifeCycle Finish Line Festival incorporates both a finish line experience for 2,500 cyclists and 650 7-day volunteers (called Roadies), as well as a reception point for event vehicles, supplies, and equipment. The event would be held on June 10, 2023, in the 4 South Beach Parking lot. Cyclists will use the City’s existing bike lane network to exit off the Beach Bike Path at Channel Road and navigate up to Ocean Avenue where they will use the bike lanes to ride down to Bicknell and enter the event site.

Cyclists are paced when leaving the campsite in Ventura and ride single file on public streets abiding by all laws, and according to a strict set of safety policies that are enforced by event staff throughout the duration of the Ride. This means that unlike other traditional “race” events, participants steadily enter the event site over the course of 4 hours rather en masse at any one time. This allows all roads to remain open during the event.

Event activities include:
• Barricaded cyclist chute through which participants cross the official end of the route
• Friends and family spectator area where viewers can watch and cheer on the cyclists
• Bike Parking for 1,000 cyclists
• Bike Tech and Bike Shipping
• Participant Gear Pick Up
• Cyclist Lunch
• An event stage

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• A “Camp Store” retail space
• An outreach lounge and recruitment area
• Sponsorship activations
The event will involve closure of the 4 South Beach lot from noon on June 9, 2023, through June 10, 2023.

License Agreement
The City’s Community Events Permit process and Site Guidelines do not currently allow for events on the Santa Monica Beach and Beach Lots during the peak summer months, in order to preserve maximum access for beachgoers. Outside of summer, beach events are required to have a “beach-related activity” such as beach sports as a primary component.

In shaping its event proposal, the AIDS/LifeCycle event team has engaged with a number of relevant City departments, including the Santa Monica Police Department, Mobility and Parking staff within the Department of Transportation, Economic Development/Pier Management, the Community Events Team, the City Attorney’s Office, and the City Manager’s Office. City staff have focused on coordination with AIDS/LifeCycle event team to align event plans with key Council and community objectives—including safety and security of the event site and surrounding areas, planning for traffic management and alternative mobility options, and supporting economic development for the City.

Staff supports this event because of the potential economic impact and the opportunity to establish a marquee event for SaMoPride that provides over $17 million in funding to deliver needed HIV/AIDS services in our region and the San Francisco region, including access to healthcare and services as well as services such as housing and support for those living with HIV/AIDS.

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Community Engagement
The AIDS/LifeCycle event team is dedicated to a good neighbor policy. Having hosted this event since 1994, they are experienced working with community members and other stakeholders to help address concerns wherever possible. The event is supported by the SaMo Pride partners and the team has met with the Main Street Business District and Ocean Park Association (OPA), both of whom support bringing the event to Santa Monica. OPA has also committed to partner with the City and Ride Team to help engage OPA residents to inform the community of this event, including through their weekly newsletter and community meetings. The team will meet with these groups starting in January 2023 and remain in community up through the event in June 2023.

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

Environmental Review
The event is categorically exempt pursuant to Section 15323 (Class 23 Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) guidelines. Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose in where there is a past history of the facility being used for the same or similar kind of purpose. The 4 South Beach Parking lot and City’s bicycle network has been previously used for public events, and therefore, the AIDS/LifeCycle 2023 Finish Line Event is categorically exempt from CEQA.

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Financial Impacts and Budget Actions
The City will receive $19,200 in revenues for use of the 4 South Beach Lot and parking staff costs. The event will also incur fees for all required permits and licenses required to support the event. Additional ancillary positive impacts would accrue through additional transient occupancy tax, and sales tax, along with benefits related to enhancement of the City’s brand and marketability to visitors.

Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council
Attachments:

A. ALC 2023-FLF-Event Narrative 20221222

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AIDS/LifeCycle 2023
Finish Line Festival Event Narrative

OVERVIEW
This narrative details the Finish Line Festival event, which occurs as the final moment of the AIDS/LifeCycle 7-day bike ride from San Francisco to Los Angeles (also referred to herein as ‘ALC’ or ‘the Ride’). The AIDS/LifeCycle organization has been discussing opportunities with representatives from the City of Santa Monica to move the Finish Line Festival event from Fairfax High School, where it has been located for the past several years, toSanta Monica Parking Lot 4 South. The event is free and open to the public, and will occur on Saturday, June 10, 2023, from approximately 10AM to 4PM.

The event plan as proposed to the City of Santa Monica includes the activation of the long term parking portions of Lot 4 South to house the AIDS/LifeCycle Finish Line, Finish Line Festival, and participant services.

TIMELINE
● Load In - Friday, June 9, 2023, 12:00PM - 8:00PM: Load in and setup up event infrastructure in Lot 4 South
● Finalize Set Up - Saturday, June 10, 2023 - 6AM - 10AM: final placement of infrastructure; open event to receive ALC participants & the public ● Operate Event - Saturday, June 10, 2023 - 10AM - 4PM: receive event participants; all areas open & operating
● End of Event - Saturday, June 10, 2023: 4PM - 4:30PM: Closing Ceremony occurs following the final cyclist crossing the Finish Line
● Strike & Load Out: Saturday, June 10, 2023: 4:30 PM - 11:59 PM: close down & strike all event areas; ALC completely off-site by end of day
EVENT DESCRIPTION - PARKING LOT 4 SOUTH
Parking Lot 4 South is currently being planned to hold event infrastructure that exists to support the Finish iLine experience and getting ALC participants off of the event:
● Finish Line Chute: A delineated, protected lane for event cyclist traffic, with runs of barricade on either side to protect cyclists. We will have approximately 2,500 cyclists, all riding single file & spaced out with a full bike length between them and the bike in front of them, crossing the finish line at some point between 10AM and 4PM. The flow of cyclists is gradual and follows the arc of a bell curve - it’s a trickle of cyclists between 10AM and 1PM; then a heavier flow between 1PM and 3PM; then back to a trickle from 3PM to 4PM. Spectators typically line up along the chute to watch their friends and family cross the finish line.
● Finish Line: The official ending point of the event for cyclists ● Bike Parking: And area of racks where cyclists can park their bikes after they cross the finish line
● Bike Shipping: A service provided by ALC partners to help participants ship their bikes home after the event

5.E.a
Packet Pg. 222 Attachment: ALC 2023-FLF-Event Narrative 20221222 (5523 : License Agreement for AIDS/LifeCycle event) AIDS/LifeCycle 2023
Finish Line Festival Event Narrative
● Gear Pick-Up: ALC carries all participant gear forward during the full 7 days of the Ride event. The Gear Pick Up lot is designated as the location for all gear to end up. The operation consists of unloading approx. 16 box trucks full of participant luggage into an area delineated by temporary event fencing and restricted to access by participants only. ● Festival Stage - live entertainment (DJs, performances, etc.) will be staged, in addition to a Closing Ceremony
● Event Booths - elements like a Camp Store, a registration booth for the AIDS/LifeCycle 2024 event, sponsor activations, snacks and lost & found, etc. ● Food & food trucks - some food is available for free for event participants only; some food is available to all for purchase
● Seating, etc.
● Important Notes:
○ There are no activated event spaces on the sandy beach.

ATTENDANCE
Total Attendance: 3,000 ALC Participants (Cyclists, Volunteers, Staff, Vendors) plus 2,500 attendees – Total of 5,000 - 6,000 people

ABOUT AIDS/LIFECYCLE
AIDS/LifeCycle is a 7-day, 545-mile bike ride from San Francisco to Los Angeles that raises critical funds for the HIV/AIDS services of the Los Angeles LGBT Center and San Francisco AIDS Foundation. The event raises over $17million annually for these two California non-profit organizations, and features approximately 2,500 cyclists and 650 volunteers, called “Roadies,” who travel together, along with vendors & event staff, from San Francisco to Los Angeles.

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Packet Pg. 223 Attachment: ALC 2023-FLF-Event Narrative 20221222 (5523 : License Agreement for AIDS/LifeCycle event)

ABCDEFGHIJLMNOP Q R

GEAR LOT
CAMP STORE 20'X30'

SPONSOR ROW
10'X10' TENT (X 7)

MASSAGE
& STRETCH
ACE Ride Cannondale / FedEx
BIKE PARKING (320)
EXIT
Bike
BIKE PARKING (40)
Boxes
Security Security Security

SPECTATOR AREA

A B C D E F G H I J L M N O P Q R

GEAR LOT
CAMP STORE 20'X30'
SPONSOR ROW 10'X10' TENT (X 7)

MASSAGE
& STRETCHC
ACE Ride Cannondale / FedEx
BIKE PARKING (320)
EXIT
BIKE PARKING (40)
Bike
Boxes
Security S Security Security Se
Security
STAGE
(24' X 12')

PICNIC TABLES
QTY 56
Backstage
Area

FOOD TRUCKS
OUTREACH AND VICTORY TEES 20'X20'

SPECTATOR AREA SPECTATOR AREA

FOOD TRUCKS
Security
Security

PRODUCTION

PARKING

VOLUNTEERS PRODUCTION
SCALE: TBD
PLAN: FINISH LINE FESTIVAL - KEY PLAN (Saturday - June 10) REV. NUMBER:

DRAWN BY:

LOS ANGELES OFFICE
Los Angeles, CA 90038
P: 323-860-7380
1125 McCadden Place, Suite 202
LOCATION:

EVENT NAME:

DRAWING TITLE:
of
PAGE NUMBER:FILE NAME:

REV. DATE:

ALC 2023-FLF-SM Pier-Layout-Op 7A.dwg
310-310-0132 (c)323-860-7320 (w)
Production Director

CHRISTOPHER CARRINGTON
LOG. STAFF (AIDS/LifeCycle)
626-497-3978 (c)
323-860-7320 (w)
Sr. Production Manager

BRIAN BOSTWICK
SITE CONTACTS (Venue)
(c)
(w)
San Francisco, CA 94103

SAN FRANCISCO OFFICE
P: 415-581-7077
1035 Market Street, Suite 400
Santa Monica, CA 90405
LOT 4 SOUTH
AIDS/LifeCycle 2023
LAYOUT OPTION 7AFINISH LINE FESTIVAL
Brian Bostwick
(c)
(w)
(c)
(w)
SITE NOTES:

RESPONSIBLE FOR ALTERATIONS.

STRUCTURAL INTEGRITY, OR COMPLIANCE WITH LOCAL BUILDING CODES SHOULD BE DISCUSSED WITH A VENUE REPRESENTATIVE AND/OR THE CONTRACTOR RELATE TO MATTERS OF SAFETY,NOT NECESSARILY REPRESENT ANY AS-BUILT OR EXISTING CONDITIONS THAT MAY EXIST AT THE VENUE. ANY PORTIONS OF THIS DRAWING THAT APPEAR TO THIS DOCUMENT HAS BEEN PREPARED SOLELY TO DESCRIBE PROPOSED ELEMENTS RELATING TO THE SPECIFIC EVENT NAMED ON THIS DRAWING. IT DOES DIMENSIONS AND CONDITIONS ON JOB SITE. ANY CARIATIONS FROM THE DRAWINGS ARE TO BE REPORTED TO PRODUCTION MANAGEMENT.

WRITTEN DIMENSIONS ON DRAWINGS SHALL HAVE AUTHORITY OVER SCALED. CONTRACTORS AND MANUFACTURERS SHALL BE RESPONSIBLE FOR ALL 01 01
02 12/19/2022
000-000-0000000-000-0000Name HereName Here000-000-0000000-000-0000Name HereName Here000-000-0000000-000-0000Name HereName Here Bike Shipping
Bike Parking
Ride In Chute

CYCLISTS
Fire Lane and Vehicle Access

PARKING
NOTES:

3. EVENT VEHICLES AND PUBLIC ENTER FROM HOLLISTER AVE.

2. CYLISTS ENTER CHUTE FROM BICKNELL AVE.

1. BICKNELL AVE CLOSED TO VEHICLES.

DROP-OFF/PICK-UP
Packet Pg. 224 Attachment: ALC 2023-FLF-Event Narrative 20221222 (5523 : License Agreement for AIDS/LifeCycle event) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 5.F
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution of the Santa Monica City Council Establishing the 2023 City Council Meeting Calendar
Recommended Action
Staff recommends that the City Council adopt the attached resolution establishing the 2023 Council regular meeting calendar.

Summary
Charter section 611 requires the Council to hold two regular meetings per month, and that the meeting calendar shall be established by ordinance or resolution.

Discussion
Santa Monica City Charter section 611 states:

The City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.

The resolution also authorizes the City Clerk to cancel a regular meeting for an anticipated lack of a quorum, and that additional regular meetings may be scheduled by amendment to the resolution (which could be a simple minute resolution on the Consent Agenda).

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CEQA
This is not a project under CEQA.

Financial Impacts and Budget Actions
None.

Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. CC-Reso-2023 Council Calendar

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City Council Meeting: January 10, 2023 Santa Monica, California RESOLUTION NO. ____________(CCS)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE 2023 CITY COUNCIL MEETING CALENDAR

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

SECTION 1. Pursuant to Charter section 611, the City Council establishes the following regular meeting calendar for the year 2023:

January 10, 24
February 14, 28
March 14, 21
April 11, 25
May 9, 23
June 13, 27
July 11, 25
August 8, 22
September 12, 26
October 10, 24
November 11, 28
December 12, 19
SECTION 2. A scheduled regular meeting may be subject to cancellation by the City Clerk for anticipated lack of a quorum, and a regular meeting may be added by Council amending this resolution.

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

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

5.F.a
Packet Pg. 227 Attachment: CC-Reso-2023 Council Calendar (5547 : Council Meetings Calendar) 1 August 23, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
AUGUST 23, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:32 p.m., on Tuesday, August 23, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan (arrived at 6:55 p.m.)
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete (arrived at 5:35 p.m.)
Councilmember Oscar de la Torre (arrived at 5:35 p.m.)
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:32 p.m., with all members present except Councilmembers Negrete, de la Torre, and Mayor Pro Tem McCowan. Councilmember Brock led the assemblage in the Pledge of Allegiance.

GENERAL PUBLIC INPUT:

Councilmembers Negrete and
de la Torre arrived at 5:35 p.m.

Members of the public Denise Barton, Jonathan Foster, and Barbara Flametta commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA ITEMS

AND CONSENT
CALENDAR ONLY:

Mayor Pro Tem McCowan
arrived at 6:55 p.m.

There was no public comment on closed session items.

Members of the public Denise Barton commented on special agenda items.

There were no members of the public present to comment on consent calendar items.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 5:41 p.m., to consider closed sessions and returned at 7:00 p.m., with all members present, to report the following:

3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code

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Section 54956.9(d)(1): Jerrid Powell v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCV15438.

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

3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): James Anthony Humphrey v. City of Santa Monica, et al., United States District Court, Central District, Case No. 21-cv-06812
The City Attorney advised this item was pulled and not heard.

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
The City Attorney advised this item was pulled and not heard.

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 City Attorney advised this matter was heard with no reportable action taken.

SPECIAL AGENDA ITEMS: 4.A. City Manager Report, was presented.

REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he traveled to Diamond Bar for the installation of L.A. County division of the League of CA Cities, where he was installed as a Regional Director and met with Councilmembers and Mayors throughout the region; then traveled to Coronado to attend the Independent Cities Association summer seminar, intense training on water use, Land Use policies, Fire Department in the 21 Century, session on hydrogen, seminar on fentanyl and meth use in our streets.

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CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.

At the request of Councilmember Brock, Items 5L., 5.N., and 5.M. were removed from the Consent Calendar.

Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to approve the Consent Calendar except for Items 5.L, 5.N and 5.M, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

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

ANNUAL PAVING

PROJECT

5.A. Award Construction Contract No. 11298 (CCS) for FY22-23 Annual Paving Project, was approved.

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.

TOWING SERVICES 5.B. Award Bid to City Terrace Service Inc. and Tip Top Tow for Heavy-Duty Towing Services, was approved.

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.

2. Authorize the City Manager to negotiate and execute
Agreement Nos. 11299 (CCS) and 11300 (CCS) with City
Terrace Service Inc., in an amount not to exceed $201,960,

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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.

TELECONFERENCE

MEETINGS

5.C. Adoption of Resolution No. 11454 (CCS) entitled “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”, was approved.

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.

YOUTH CLIMATE CORPS

PROGRAM

5.D. Authorization to Accept California Volunteers Grant and authorize the City to issue Contract No. 11301 (CCS) with Social and Environmental Entrepreneurs, was approved.

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.
2425 20TH STREET 5.E. Adoption of Resolution No. 11455 (CCS) entitled “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”, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached resolution

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approving Final Parcel Map No. 82756 for a 3-unit condominium residential project located at 2425 20th Street.

FACILITY SECURITY

EQUIPMENT

5.F. Approval of First Modification to Contract with Siemens Industry, Inc. for Facility Security Equipment, Systems, and Services, was approved.

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 Californiabased 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.

COVID TESTING 5.G. Authorize the City Manager to negotiate and execute Agreement No. 11302 (CCS) with Dr. Fawad Zafar Khan dba USMD Direct for Citywide Employee COVID Testing, was approved.

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.

COVID SERVICES 5.H. Authorize the City Manager to negotiate and execute Agreement No. 11303 (CCS) with Keystone Medical Resources, Inc for Citywide Employee COVID-19 Contact Tracing and Internal Healthcare Advisement, was approved.

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.

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RECORDS MANAGEMENT

SOFTWARE

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, was approved.

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 Agreement No. 11304 (CCS) with Locality Media LLC, in an amount not to exceed $340,000, that includes $20,000 in contingency for a fiveyear term, and with future years funding contingent on Council budget approval.

FIRE BILLING SERVICES 5.J. Award Bid #RFP No. 315 to Wittman Enterprises, LLC for Third Party Billing Services for the Fire Department, was approved.

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 Agreement No. 11305 (CCS) 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.

FIRE INSPECTIONS
REPORT

5.K. Adoption of Resolution No. 11456 (CCS) entitled “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”, was adopted.

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

MEETING

CANCELLATION

5.O. Approval of Cancellation of Regular City Council Meetings for November 8, November 22 and December 27, was approved.

Recommended Action

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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.

LABOR RELATIONS 5.P. Adoption of Resolution No. 11457 (CCS) entitled “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” and authorizing the City Manager to negotiate and execute Memorandum of
Understanding No. 11306 (CCS) with the International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division, Local 1785, was adopted.

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.

MINUTES 5.Q. Minutes of City Council - Special Meeting - July 21, 2022 6:00 PM, were approved.

SOCIAL MEDIA

MANAGEMENT

SOFTWARE

5.L. Approval of Third Modification of Agreement No. 11307 (CCS) with Hootsuite for Social Media Management Software, was presented.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement 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

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amended 11-year agreement with a new total amount not to exceed $427,250 with future year funding contingent on Council budget approval.

This item was pulled by Councilmember Brock. Questions asked and answered of staff included: what is the cost of Hootsuite versus using it for social media; how much staff time would this take, for an individual to manage all of the social media accounts, and how much would that cost; and, is there confidence that this service will not have a better competition over the next eleven years.

Motion by Councilmember Brock, seconded by Councilmember Negrete, to approve the recommended action. The motion was approved by the following vote:

AYES: Councilmember de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
SMART WATER METERS 5.M. Award Bid and Enter Into Agreement Nos. 11308 (CCS) and 11309 (CCS) with Badger, Inc. for AMI Smart Water Meters & CloudBased Interface, was presented.

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.

Questions asked and answered of staff included: what is this for; how is it used; what does this money go towards; are the new developments required to have meters; does the AMI structure allow landlords to see usage for their units, and has this service been looked at in other cities, and are we getting a competitive rate; is service on the meters included in this contract; are these meters run on WiFi; if a homeowner’s property is surveyed and they have any lead service lines, what does the city do to have a homeowner bring it up to compliance; and, when is this project going to begin citywide.

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Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve the recommended action. 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

URBAN FOREST

MAINTENANCE

PROGRAM

5.N. Award Bid to United Pacific Services, Inc. for the Comprehensive Urban Forest Maintenance Program, was presented.

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 Agreement No. 11310 (CCS) 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.

Questions asked and answered of staff included: what can be done through grants, budget, or other means to increase our Urban Forest canopy throughout the city; is there an update on when there might be a private tree ordinance; how much are we short to make up the 2,000 trees a year that are not being maintained; is there a legal impediment to creating a private tree ordinance; is the practice of replacing trees with similar types of trees still in the plan; and whose responsibility is it to trim and maintain trees on the freeways.

Motion by Councilmember Brock, seconded by Councilmember Negrete, to approve the recommended action. The motion was approved by the following vote:

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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS
Members of the public Mike Butler and Hilary Brown commented on Item

10.C.

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Member of the public Jonathan Foster commented on Item 10.E.

Members of the public Matthew Millen, Jay Johnson and Denise McGranahan commented on Item 10.G.

Member Jay Johnson, Denise McGranahan commented on Item 10.H.

Member of the public Denise Barton and Michelle Gray (time donated by John Alle) commented on Item 16.E.

CONTINUED ITEMS:

HUMAN SERVICES

COMMISSION

8.A. Appointment to One Seat on the Newly Created Human Services Commission, was presented.

On order of the Mayor, the floor was opened for nominations.

Councilmember Davis, nominated David Pisarra.

Councilmember Brock, nominated Diane Miller.

David Pisarra was appointed by the following vote:

Pisarra: Councilmembers Davis, Negrete, Mayor Pro Tem McCowan, Mayor Himmelrich
Miller: Councilmembers Parra, Brock, de la Torre
Councilmembers Parra, Brock, and de la Torre changed their votes to Pisarra, thereby appointing David Pisarra by acclamation to the Human Services Commission, with all members present.

ADMIN. PROCEEDINGS:
438 SAN VICENTE BLVD

9.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd, was withdrawn at the request of the Appellant, and the item was heard.

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.”
ORDINANCES:

PATIENT TRANSPORT

AND BILLING SERVICES

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

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Services, was presented.

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 cost recovery Agreement No. 11311 (CCS) 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.

Questions asked and answered of staff included: with exemptions from the living wage, what is the average wage that they are paid right now; what is the cost for use of ambulance service; are the wages the same in all cities in L.A. County; do we have the right to set our own hourly rate, and demand reimbursement from the County; what is the average amount that McCormick charges for transport; is cost recovery being looked at as this contract is in effect; what would it look like if the city had its own ambulances; just because the ambulances are required to be housed in Santa Monica, it doesn’t necessarily mean that they are only being used in the city; is there consideration to open this up to other companies; is there an opportunity to have a hybrid model to possibly keep the cost down; and, can this contract be delayed until we find out if other cities have negotiated larger salaries.

Considerable discussion ensued on topics including concern about the low salaries that ambulance drivers make.

Motion by Councilmember Brock, seconded by Councilmember Davis, to approve staff recommendation, including introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof.

The motion was approved by the following vote:

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

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SIDEWALK VENDING 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, was presented.

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.

Questions asked and answered of staff included: is there still consideration to have a liaison to work directly with the vendors; where does the revenue come from the vendor cart program; what is the cost to be a vendor cart on the Pier; are there any opportunities to have microgrants from the city to help small business vendors get started; how would the rotation program work, would it be by hours or days; who will do the enforcement, will it be the DART team or somebody else; are there some grants out there that the city could help assist vendors secure those grants; what type of vendors are there in Palisades Park; is there an opportunity to work with the vendors to make their space more interesting or an experience; what is being done to inform residents about the vending opportunities; how many of the current vendors in the city are residents from the city; how is the Landmarks Commission weighing in on this plan; and, has there been anticipation of how to handle a potential clast between First Amendment rights and vendors.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

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

SHARED MOBILITY

SERVICES

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, was presented.

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

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

Questions asked and answered of staff included: how is it going to be addressed dealing with operators who are not authorized to operate in Santa Monica; is there a two-tier system being considered; how does the city make sure the promises made in the contract are kept; will we be able to build in technology changes and other revisions in the contracts; is the evaluation process going to be weighed more fairly than in the previous request for proposals (RFP) process; will there be an RFP that looks at companies that have contributed in the community previously; is the RFP going to require that the home base be located in Santa Monica; is there going to be a set minimum of devices required; and, is there any realistic probability that the price will come down soon.

Considerable discussion ensued on topics including, but not limited to:
coordinate with Metro to have a consistent system that residents can use around the Metro; a stationary bike system should be considered instead of just allowing bikes and scooters to just be littered around town; ensure that the technology is staying up to date, and that the vendor has low enough pricing for all residents; and, concerns that having one vendor may reduce the number of devices available.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
OCEAN VIEW PARK 10.D. Introduction and First Reading of an Ordinance Modifying SMMC 4.12.105 Concerning Amplified Sound in Ocean View Park, was presented.

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.

Questions asked and answered of staff included, what is the parameter of Ocean View Park.

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Motion by Councilmember Brock, seconded by Councilmember Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STREET PERFORMERS 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, was presented.

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.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmember Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PEDICABS 10.F. Second Reading and Adoption of Ordinance No. 2711 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
CHAPTER 3.12 TO ALLOW NON-ELECTRIC PEDICABS ON THE

SANTA MONICA BEACH BIKE PATH AND RECODIFY THE

PROHIBITION OF DRIVING AND PARKING VEHICLES
ON SIDEWALKS AND PARKWAYS”, was presented.

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Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
TENANT PROTECTIONS 10.G. Introduction and Adoption of Emergency Ordinance No. 2712 (CCS) entitled “AN EMERGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION

4.27.080 TO THE SANTA MONICA MUNICIPAL CODE TO

PROMOTE THE PUBLIC SAFETY AND WELFARE BY

TEMPORARILY PROHIBITING CERTAIN EVICTIONS DUE TO
TENANTS’ FINANCIAL HARDSHIP”, was presented.

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 temporary eviction protection for residential tenants in rentcontrolled 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.

Questions asked and answered of staff included: the purpose of this is to protect tenants in this very short period of time until the city rolls out their rent relief program; is this almost a homeless protection program; does the moratorium protect you for the increase amount, or does this apply to people who can’t afford to pay their entire rent; what does it mean to be “self certified”; when do they have to prove self certification; when can a tenant invoke the tenant moratorium; is there a better option to be fair to both tenants as well as landlords; and, does this moratorium only last for five months.

Considerable discussion ensued on topics including, but not limited to:

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what the moratorium proposes; and, it is not fair to landlords to allow tenants to not pay rent for a full year, when in reality Council recommended assisting tenants with the 3% increase, not a full rent abatement for a year.

The City Attorney clarified Option 2 in the recommendation that the moratorium would apply only to the failure to pay an increase in rent greater than 3 percent. That means the tenant would still be expected to pay their base rent, plus 3 percent, but would have protection to pay more than 3 percent.

Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to approve Option 2 recommendation to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof.

After further discussion, Councilmember Negrete withdrew her motion.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve Option 2 recommendation to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof.

Mayor Himmelrich proposed a substitute motion, seconded by Councilmember Davis, to approve the original recommendation to provide 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. With clarification to allow limitations due to financial stress due to COVID and any landlord who is willing accept 3 percent on September 1st is not subject to this ordinance.

Councilmember Brock proposed an amendment to extract the clause that says a tenant can abate their full rent for the five months, and they can only abate the amount of the increase over the 3 percent. The amendment was not considered friendly to the maker or seconder.

The City Attorney proposed amended language to the ordinance to say, no landlord who has collected rent from a rent-controlled resident by more than 3 percent.

The substitute motion, with amendments was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete,
Mayor Pro Tem McCowan, Mayor Himmelrich

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NOES: Councilmembers Brock, de la Torre
ABSENT: None
Councilmember de la Torre voted no because he feels this is causing a division between landlords, housing providers and tenants. This is not the right way to go about this. This is going to incentivize people to get out of the housing business in Santa Monica, and we’re going to end up losing affordable housing.

Councilmember Brock stated he voted no because he supported the city helping pay increases for those who were in trouble paying the six percent.

This ordinance created more confusion for landlords and tenants. It increases the amount of paperwork for tenants as well as the city. He voted no, not against renters, but to keep the process simple and clean for all renters in Santa Monica.

TENANT PROTECTION 10.H. Introduction and First Reading of an Ordinance Amending the City’s Tenant Protection Laws, was presented.

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.

Questions asked and answered of staff included: is there a way to make gender-identity and gender-expression people a protected class in our local law.

Motion by Councilmember Davis, seconded by Councilmember Brock, to approve the recommendation, with the addition of adding gender-identity and gender-expression people to be protected. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
CONTINUE MEETING Motion by Councilmember Davis, seconded by Councilmember Negrete, to continue the meeting past 11p.m. The motion was unanimously approved by voice vote, with all members present.

COUNCILMEMBER
DISCUSSION ITEMS:

MAIN STREET BUSINESS

IMPROVEMENT

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

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ASSOCIATION 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, was presented.

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

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
2ND ANNUAL DAY OF THE

DEAD CELEBRATION

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, was presented.

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

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

VETERANS DAY

COMMEMORATION

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, was presented.

Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to approve the recommendation. The motion was approved by the following vote:

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

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ABSENT: None

PUBLIC POLICY

INSTITUTE

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, was presented.

Motion by Mayor Pro Tem McCowan, seconded by Councilmember Negrete, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
HOUSING AUTHORITY 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 housingvoucher 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, was presented.

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

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

DISABILITIES

COMMISSION

16.F. Recommendation to accept Carolyn Charles' resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was presented.

Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to accept the resignation with regret. The motion was approved by a unanimous voice vote, with all members present.

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ADJOURNMENT On order of the Mayor, the City Council meeting adjourned to August 24, 2022, at 12:20 a.m. in memory of Marissa Rubin and Anita Hernandez.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
AUGUST 24, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:07 p.m., on Wednesday, August 24, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan (arrived at 6:08 p.m.)
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete (arrived at 6:08 p.m.)
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:07 p.m., with all members present except Councilmembers Negrete and Mayor Pro Tem McCowan. Councilmember Davis led the assemblage in the Pledge of Allegiance.

PUBLIC INPUT AGENDA
ITEMS:

Councilmember Negrete and
Mayor Pro Tem McCowan
arrived at 6:08 p.m.

Members of the public Ann Maggio, Jerry Rubin, and Judith Meister commented Item 11.A.

Members of the public Jerry Rubin and Eddy Roche commented on Item

11.B.

Members of the public Ann Maggio, Shari Davis, Denise Barton, Jerry Rubin, Shuli Lotan, Rhoda Weiss, Brian Stedge, Genevieve Riutort, and Jennifer Cowan commented on 11.C.

STAFF

ADMINISTRATIVE
ITEMS:

LIBRARY BUDGET

11.A. Approval of Library Budget Changes to Expand Hours and Service, was presented.

Recommended Action
Staff recommends that the City Council approve the FY 2022-23 budget and position changes described in the Financial Impact and Budget Action section and Attachment A of this report to provide support for the expansion of library operating hours.

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Questions asked and answered of staff included: is this funding dedicated for only one year, and does that mean that these expanded programs could go away if additional funding is not found in next year’s budget; explain how Self Service works at the libraries; do we keep count of how many visitors at all of the libraries, and how does Ocean Park compare to the others for visitors; where is the need and priorities from residents at the libraries; is it true that residents can only stay at the library for a limited amount of time; has there always been time limits at the branch locations; is there any contingency funding to reopen the Montana Library to hold community meetings; what type of collaboration is happening with the public schools; and, could staff see what the cost would be to open the branch libraries to allow neighborhood meetings.

Considerable discussion ensued on topics including, but not limited to adding literature to help students meet their ethnic and diversity requirements for school.

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

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

COMMERCIAL

TRAINER FEES

11.B. Adoption of Resolution No. 11458 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REVISING THE CITY’S MASTER USER FEE SCHEDULE

TO ELIMINATE AND REDUCE QUARTERLY USE CHARGES FOR

COMMERCIAL FITNESS OR ATHLETIC
INSTRUCTION, CLASSES OR CAMPS”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution to revise the schedule of fees for Commercial Fitness or Athletic Instruction, Classes, or Camps to eliminate quarterly use charges at General City Parks and at the Santa Monica Beach (Tier 1 Fees) and reduce quarterly use charges for Commercial Fitness or Athletic Instruction, Classes or Camps at Palisades Park and Beach Parks (Tier 2 Fees).

2. Approve modifying Commercial Fitness or Athletic Instruction, Camps, or Classes at Palisades Park to include Barnard Way Linear Park, Ocean View Park, Beach Park #1, South Beach Park, Crescent Bay and Beach Green and renamed to “Palisades Park and Beach

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Parks”.

3. Approve continued use of small and medium group sizes at Barnard Way Linear Park and Memorial Park for Commercial Fitness Trainers or Athletic Instruction, Classes, or Camps.

4. Remove Ken Genser Square and Airport Park Interim Open Space from the approved general park list for Commercial Fitness Trainers or Athletic Instruction, Classes, or Camps.

5. Approve a cap of 75 permits per calendar year for General City Parks and at the Santa Monica Beach.

Questions asked and answered of staff included: what’s the annual revenue generated for this program; are there any funds to go towards landscaping the parks for these programs; by taking away some of the programs, what is the process to add them back in, if needed; are the residents on Ocean Avenue okay with this program, or are there still a lot of complaints; have there been any problems with trainers refusing to pay the permit fee; are the activities at Tower 26, a piloted program; and, are there plans to extend programs on the beach.

Considerable discussion ensued on topics including, but not limited to:
making sure the trainer programs do not conflict with the new amplified noise ordinance in Ocean View and, would like to see the trainer fees waived at Tongva Park for the next 12 months.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the resolution, reading by title only, and approve the staff recommendation. The motion was approved by the following vote:

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

HUMAN SERVICES
GRANTS

11.C. Approval of Human Services Grants Program FY 2023-27 Request for Proposals, was presented.

Recommended Action
Staff recommends that the City Council:

1. Approve the proposed FY 2023-27 Human Services Grants Program (HSGP) Funding Guidelines (Attachment H); and

2. Authorize staff to release a Request for Proposals (RFP) for the next four-year HSGP funding cycle (FY 2023-27).

Questions asked and answered of staff included: is there only the $8 million for grants available, are there any additional funds; is the 70/30 percent formula a change, or has that always been the formula; as part of the

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survey, did the public support the types of programs that are currently being funded; is staff planning to wait for the results of the Moss Adams audit to incorporate them into the process; with the listed exemptions, including using funds for religious belief or practices, does this mean that the Salvation Army would not be able to apply for a grant; explain the category for those who are underserved in the community; is there a reason that the underaged youth don’t fit into one of those categories; how many non-profits in Santa Monica are run by people of color; are there other diversity questions that are asked of the grantees that are relevant; what number of African-American and Latinos are currently serving on the We Are Santa Monica Board; when was the last time the youth Wellbeing timecard was released; is there a reason why we don’t have agencies that engage in advocacy for their clients; where’s the money of the CBDG money; is there a request to ask diversity question on the RFP; are there any roadways to connect local career with local business; is credit being given for past performances; how will you handle those organizations that didn’t do well during Covid; would it be okay to add to the agency eligibility criteria that the City Council could change the criteria; in the eligibility criteria, explain how expanding to organizations outside of Santa Monica would work for service providers; to what extend is it being asked what is their proven record providing services; does the city look at more than their own internal data; how much different is this RFP from the one issued in 2015; how do we achieve a transformative, nimble, innovative grant program; define disability; how do you access best practices for clients; if an agency wanted to introduce a new program, could they do it within the scope of work that they are covered under this program; is it realistic to set 40% as the amount of the population who will be served under this program; will students who are new to Santa Monica be able to receive services; what is the complaint procedure when agencies are being considered as part of the RFP process, and, will any complaints be considered as part of the record.

Considerable discussion ensued on topics including, but not limited to:
would like to see increased opportunities for seniors and people with disabilities ; think about expanding the underserved youth population; more transparency in reporting out on a regular basis, what is being done with the grant programs; it’s important to gather data on diversity to make sure that we are providing grants to a variety of recipients; look at non-profits who could coordinate with the school district; on the area of stability, check and work with organizations to provide more entrepreneurial opportunities in the guidelines; ask one person from each Neighborhood organization to serve on the selection committee; add the 38% to Attachment H for clarification; and, add gender-identity and trans-identity.

Motion by Councilmember Davis, seconded by Councilmember Negrete, to adopt the staff recommendation, with adding the finance criteria to

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Attachment H and to update and add the language for gender-identity and gender-expression.

Councilmember de la Torre proposed a friendly amendment to include adding client testimony or recommendations in the approval of the RFP criteria. The motion was considered friendly by the maker and seconder.

The motion, with amendments was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 9:34 p.m. in memory of Mary Susan Jimenez Barrett.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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Report
City Council Meeting: January 10, 2023
Agenda Item: 8.A
1 of 4
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution Amending Council Rules of Order and Procedure and Review of the Public Input Pilot
Recommended Action
Staff recommends that the City Council:

1. Provide direction to staff to either continue the public input pilot as is, return to the previous method for public input; or adopt a new method based on modifications from the aforementioned options; and,

2. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

Executive Summary
The City of Santa Monica has a long history of having an engaged and passionate population, deeply involved in providing feedback to its elected officials. The City Council is committed to fostering this democratic process and embraces the varying viewpoints of its residents. However, Council meetings are business meetings for the purpose of creating and adopting policy, approving contracts, and conducting other city business. As such, it is up to the Council to determine the balance between allowing for robust input from the public while also finding the most efficient and effective method to conduct its business.

Discussion
Public Input Pilot
At the May 24, 2022, Council meeting, a study session was held to discuss ways in which Council meeting management can be improved. At that time, Council directed

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staff to return with a resolution adopting a pilot through December 31, 2022, consolidating public comment at the beginning of the meeting in the following manner:

Public comment on non-agenda items, Special Agenda Items, Closed Session, and all Public Agenda Items, except Public Hearings. Comments for Public Hearings (items that require public notice such as appeals, zoning changes and other items required by law) will be heard when the items are called. Council directed staff to amend the Council Rules resolution to accommodate this pilot program. The amendment was adopted by Council at the June 21, 2022, Special Council meeting to take effect with the June 28, 2022, Council meeting. As the pilot is now reaching its expiration date, staff seeks direction from Council to adopt a permanent format for conducting public input.

Staff recommends the following three options:

1. Continue with the pilot method permanently;

2. Return to the previous method for providing public input; or

3. Adopt a new method based on modifications from the aforementioned options (ex. Hold two public comment periods at the beginning of the meeting prior to closed session; one session for general public input and one session for all agenda items).

Staff conducted a cursory statistical analysis of the amount of public input received under the prior method of public input vs. during the pilot program and found the difference to be insignificant. Further, staff also conducted a survey of both members of the public and staff who regularly attend and present at Council meetings. Six responses were received from members of the public and 34 from staff with the results being roughly 50% for either option.

Amending Council Rules
In conjunction with the City Manager and City Attorney, Clerk staff has reviewed the Council Rules and has found areas of concern where rules are ambiguous and require clarification. The proposed amendments to the Council Rules largely clarify existing practices, but for a few rules, additional specificity and ease of implementation is provided. We believe the amendments will help in both the preparation for and conduct of Council meetings.

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The proposed amendments to the Council Rules, attached as Exhibit A, include the following:

1. All gender-based pronouns have been eliminated.

2. The role of Robert’s Rules is clarified.

3. The current procedure for taking public comment is made permanent (but allowing for Agenda management to alter).

4. It is expressly provided that Council may add or delete a regular Council meeting.

5. The City Attorney may place items affecting the City Attorney’s Office or closed session on the Agenda.

6. A process and timeline for Councilmembers placing items on the Agenda is specified.

7. A process and timeline for placing boards and commissions items on the Agenda is specified.

8. Procedures for points of order are clarified.

9. The rule regarding applause is specified.

10. Changes in seating order are provided.

11. Voting on an item with all the sub-items together is expressly provided.

12. Provides clarification for board and commissions providing public comment on general items.

13. Clarifies process for requesting an ADA accommodation, particularly for calling into the Council meeting as an ADA accommodation.

Environmental Review
This is not a project for purposes of the California Environmental Quality Act.

Financial Impacts and Budget Actions
There are no budgetary impacts associated with this staff report.

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

A. Exhibit A - Council Rules Reso 20230104
B. Written Comment
C. Council Rules Reso 011023 Mayor rotation

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1 City Council Meeting: January 10, 2023 Santa Monica, California RESOLUTION NO. ____________(CCS)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR

THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NUMBER 11427 (CCS)

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

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

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

These Rules of Order shall govern the conduct of all City Council meetings, unless superseded or prohibited by federal, state, or local law. To the extent a matter is not covered by these Rules, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Robert’s Rules shall be subordinate to all applicable laws and these rules to the extent they are inconsistent. These rules also apply to the Council sitting as or in combination with another body, such as the Housing Authority Board, Successor Agency, or Financing Authority, and to all boards and commissions.

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

8.A.a
Packet Pg. 257 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 2 RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.

Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The Council may amend the meeting calendar to add or delete a regular Council meeting. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other Agenda items shall commence no earlier than 7:00 p.m., following the Closed Session, unless noticed otherwise on the Agenda. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.

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

Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall

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Packet Pg. 258 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 3 respond when that Councilmember’s his or her name is called, and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.

The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council, which shall be included on the Agenda by the City Clerk.

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

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

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

Any required public announcements following closed session shall be made by the City Attorney immediately upon the Council convening in open session following closed session. Council direction to provide authority to settle a claim or lawsuit shall not be reported out.

8.A.a
Packet Pg. 259 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 4 RULE 5. AGENDA.

The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. The City Attorney may place items on the Agenda affecting the City Attorney’s Office or closed session.

Councilmembers shallshould endeavor to submit Councilmember Agenda items as follows: (1) for regular meetings, by 12:00 noon p.m. on Monday, eight (8) days prior to the proceeding Council meeting, in orderto ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day at least two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current Agenda.

Council items placed on the Agenda may be removed or amended by the sponsor, with the City Manager’s approval, no later than noon on Thursday, five days prior to the Council meeting.

Any Councilmember requested discussion Agenda item shall be initiated as a “16

8.A.a
Packet Pg. 260 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 5 item” first to obtain Council direction.

Councilmember items may only be combined with other items on the Agenda by a vote of the Council. A Councilmember who wishes to combine the Councilmember’s his or her item with another item on the Agenda may direct that the following language be included with the Agenda item: “This item may be considered with Item __.” The City Manager may combine staff items on the Agenda in order to ensure that the public’s business is handled efficiently and conveniently.

Proposed alternatives, other than minor variations, to items or portions of items on the agenda shall be submitted in writing to the City Clerk for distribution no later than 12:00 noon the day prior to the Council meeting; any alternatives submitted after the deadline may be considered by the Council only by unanimous consent, provided they are Brown Act compliant; otherwise, the amendment along with the main item may be considered at a subsequent meeting pursuant to an approved motion to continue. (d) The City Clerk shall post the Agenda as required by the Brown Act. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in the Clerk’s his or her office declarations establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the

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Packet Pg. 261 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 6 City Clerk and referred to the City Manager or the Manager’shis or her designee and either shall be transmitted to the appropriate board, commission or staff member, or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting Agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests that are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public.

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

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Packet Pg. 262 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 7 current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
(i) The City Manager may place an item on the Council agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission. The request and the written or electronic materials to be distributed or displayed at the meeting must be provided to the City Clerk, the City Manager’s Office, and the sponsoring Department Staff Liaison by 3 p.m. Friday, 11 days before the Council meeting. When heard, the speaker for the board or commission shall be permitted up to ten minutes to present, unless the Council by majority vote allows for a different time. The Council may question the speaker concerning the report and presentation. The City Manager and Staff may also provide information concerning the presentation. The presentation will not be considered an action item, but the City Manager may combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation.

RULE 6. CATEGORIES AND ORDER OF BUSINESS.

The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only.

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Packet Pg. 263 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 8 (e) Closed Session.
(f) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. Proclamations, commendations, and introductions of special guests may be scheduled and discussed prior to Closed Session in consideration for the time of the guests.
(g) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the

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Packet Pg. 264 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 9 Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session.

Councilmembers are encouraged to notify the City Manager by 12:00 noon the day before the meeting that an item may be pulled for discussion or questions to Staff and request a presentation of an item on the Consent Calendar.
(h) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the Agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the Agenda. As a result, no formal action may be taken on any matter under this item.
(i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the Agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session, other than to give direction to prepare and return with Agenda items in the future. (k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent Agenda as a continued item. If public comment on a continued item was concluded at the initial meeting, it shall not be repeated.
(l) Administrative Proceedings. This item includes proceedings requiring the

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Packet Pg. 265 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 10 City Council to make a quasi-judicial decision concerning an individual application or appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public comment discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions that may present reports under this item and pursuant to rule 5(i) include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. Note this subsection provides for the location or timing of these items if placed on the Agenda, not the authority to place items on the Agenda, which is addressed elsewhere in these rules.
(q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.

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Packet Pg. 266 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 11 (r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(s) Councilmember Discussion Requested Items. This category consists of Councilmember requested Agenda items. Action and direction may occur on these items to the extent specified in the Agenda item. Councilmembers should discuss requested Agenda items in advance with the City Manager to see if the City Manager will place them on the Agenda as Staff Administrative Items or otherwise or address them in other ways.

RULE 7. PREPARATION OF MINUTES.

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

RULE 8. APPROVAL OF MINUTES.

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

RULE 9. PRESIDING OFFICER.

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

RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from

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Packet Pg. 267 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 12 the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.

RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.

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

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

RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain

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Packet Pg. 268 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 13 recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmembers desiring to question City staff shall address their his or her questions to the City Manager, the City Attorney, the City Clerk, or designated staff. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless the Councilmember he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, that Councilmember he or she shall cease speaking until the question of order is determined. Whenever any person is called to order while speaking, such person shall be in possession of the floor after the question of order is decided, and may proceed with the matter under the discussion within the ruling made on the question of order.
(d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of order. Questions concerning procedures or other legal issues may be directed to the City Attorney for legal advice. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present. The City Attorney may also raise a point of order to provide advice to the Council should there be a concern about

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Packet Pg. 269 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 14 procedures, due process, or other legal issues.
(e) Point of Personal Privilege. The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned, or where the safety or welfare of the City Council is concerned. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of personal privilege. (f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.

Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. Except for questions raised by another Councilmember to a

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Packet Pg. 270 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 15 Councilmember, Nno Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating the Councilmember’s his or her views on a particular Agenda item.

RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.

Any Councilmember shall have the right to have the reasons for the Councilmember’s his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…” RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.

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

RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all Agenda items, except ordinances for second reading or as otherwise provided in these rules, and the public shall have an opportunity to comment on any matter that is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the Agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.

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Packet Pg. 271 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 16 (b) Registration. Any member of the public wishing to address the City Council regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each members of the public addressing the City Council shall go to the podium, state theirhis or her name and whom they e or she is represent, if they he or she represents an organization or other person. Each mMembers of the public areis encouraged, but not required, to also state theirhis or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 12:00 noon p.m. on the day of the Council meeting, best efforts shall be made to have them posted on the Council’s online Agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per comment section unless the City Council

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Packet Pg. 272 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 17 grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, while members of the public using the full two minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A mMembers of the public wishing to speak on more than one item shall limit their his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the sixminute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission who was duly authorized to speak for the Board or Commission shall be limited to maximum of 5 minutes to speak. shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports. (f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first

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Packet Pg. 273 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 18 and last.
(g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council.

Proclamations, commendations, and appearances by special guests are ceremonial items. In order tTo ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them.
(h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an Agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these rules. (j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per Agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per Agenda item. The speaker and the person donating time shall turn in their chits together, notify the Clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that the speaker he or she is speaking for both.

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Packet Pg. 274 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 19 Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate the donor’s his/her time. (k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 noon PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, Agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. See also Rule 5(i). For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting. (l) Requests for Accommodation. Requests for a disability accommodation to provide public testimony at a Council meeting should be submitted in writing to the City Clerk’s office no later than 5 p.m. on the Thursday prior to the meeting. In the case of

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Packet Pg. 275 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 20 special meetings, requests should be submitted as early as possible, but no later than noon the day of the Council special meeting; requests will be accommodated if feasible, but cannot be guaranteed if received less than 72 hours prior to the Council special meeting. If the request includes participating remotely, the request should include the identity of the person who will appear at the meeting in person to facilitate remote participation via cell phone. Such person then must sign in at the meeting to speak with their own name and on behalf of the person participating remotely and then appear at the microphone when called to facilitate. The combined time to speak for both the in person speaker and remote speaker shall not exceed 6 minutes, but also in compliance with additional time limits set forth in these Rules.

RULE 16. RULES OF CONDUCT AND SAFETY.

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

Any person who disrupts the meeting shall be called to order by the Presiding

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Packet Pg. 276 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 21 Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.

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

RULE 17. SEATING ORDER.

After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor. Changes in seating may be allowed by the Mayor, without requiring a vote, for good cause when those changing seats consent.

RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.

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

RULE 19. VOTING PROCEDURE.

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

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Packet Pg. 277 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 22 Mayor voting last.

Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion. If the item and sub-parts receive sufficient votes for approval of some, but not all sub-parts, at the immediate request of any Councilmember, the first vote shall be nullified and Council shall then immediately, without discussion, vote on each item separately.

RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.

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

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Packet Pg. 278 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 23 RULE 21. TYPES OF MOTIONS TIE VOTE.
(a) Only Councilmembers, or duly appointed members of boards sitting with the Council, may make Motions. The City Clerk shall record all motions and read them back when requested. Upon request, the City Attorney shall assist in the formation of motions.

A Councilmember must have the floor to make a motion.
(b) Any motion that does not receive a second shall not move forward, and then another motion may be made.
(c) For noticed public hearings and quasi-judicial matters, a main motion shall not be made until public comment on the item is complete. (d) There are three motions that are most common and are usually subject to debate:
(1) The main motion. This motion puts forward a substantive decision, most frequently an agenda item, for Council consideration. A main motion may include changes to the item as stated on the agenda or supplemental materials.

Only one main motion may be on the floor at one time.
(2) The motion to amend. This motion seeks to modify the main motion before the Council. A motion to amend cannot be made until there is a main motion on the floor. A motion to substitute a main motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time. All motions to amend shall be resolved prior to voting on the main motion. (3) The procedural motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor

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Packet Pg. 279 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 24 at one time. A “point of order” may be raised at any time, interrupting a speaker when recognized by the Presiding Officer, to make a procedural motion.

Procedural motions are debatable but not subject to public comment. (e) The following common procedural motions shall be handled as follows:
(1) Motion to adjourn. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting. It is not subject to debate and requires a majority vote. It is the highest priority motion. (2) Motion to recess. This motion, if passed, requires the Council to immediately recess. The Presiding Officer determines the length of the recess. It is not subject to debate and requires a majority vote.
(3) Motion to fix the time to adjourn. This motion, if passed, requires the Council to adjourn the meeting at a specific time set in the motion. It is not subject to debate and requires a majority vote.
(4) Motion to table. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item placed on hold. The motion can contain a specific time in which the item can come back to Council. If the motion does not contain a specific time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to the Council.

A motion to table or to bring it back to the Council requires a simple majority vote. (5) Motion to continue. This motion, if passed, requires the item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion.

A motion to continue is debatable and requires a simple majority vote.

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Packet Pg. 280 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 25 (6) “Friendly Amendment.” This is a “request,” rather than a formal motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend may be made.

Tie votes shall be lost motions.

RULE 22. CHANGING VOTE.

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

RULE 23. AGENDA MANAGEMENT.

At any time after roll callprior to the City Council taking up Agenda items after the report back from Closed Session, the Mayor or Mayor Pro Tem may call for any member of the City Council may make a motion for Agenda management to reorder or combine Agenda items or to determine when public comment may be taken on one or more items.

However, public comment may be taken later, but not earlier, than the time or position shown on the Agenda. Noticed public hearings scheduled for a time certain may be heard later, but not earlier, than the time scheduled. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call Agenda items or comment opportunity in accordance with the Agenda as modified by the motion.

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Packet Pg. 281 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 26 RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.

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

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

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

RULE 26. RECORD OF MEETINGS.

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

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Packet Pg. 282 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 27 RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.

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

RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.

RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.

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

RULE 31. FAILURE TO OBSERVE RULES OF ORDER.

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

These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

SECTION 2. Resolution Number _____ (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.

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Packet Pg. 283 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 28 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUG SLOAN
City Attorney

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Packet Pg. 284 Attachment: Exhibit A - Council Rules Reso 20230104 [Revision 2] (5545 : Review Public Input Pilot and Amend Council Rules) 1 Vernice Hankins
From: Danielle Charney <[email protected]>
Sent: Tuesday, December 13, 2022 11:15 AM
To: Council Mailbox; councilmtgitems; Clerk Mailbox; David White; Douglas Sloan Subject: Item 11B CC Mtg 12/13/22

EXTERNAL
As a resident who is increasingly frustrated by the rude and dismisisve treatment by members of many boards and commissions -but who has seen the huge difference it makes when one is run by a group who actually cares about residents and whose members are working overtime FOR FREE to help us- namely the Housing Commission led by Michelle Gray.. I fully support this...

For far too long -City Staff has run this town -it's meetings and treats residents in a horrendous manner... please do not allow them to continue this reprehensible behavior by gaggings our commissions...

The following amendments are vital for the residents to have free and able to function boards and commissions...

Staff proposed language for section 5(i):
“The City Manager may place an item on the Council agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission. The request and the written or electronic materials to be distributed or displayed at the meeting must be provided to the City Clerk, the City Manager’s Office, and the sponsoring Department Staff Liaison by 3 p.m.

Friday, 11 days before the Council meeting. When heard, the speaker for the board or commission shall be permitted up to ten minutes to present, unless the Council by majority vote allows for a different time. The Council may question the speaker concerning the report and presentation. The City Manager and Staff may also provide information concerning the presentation. The
presentation will not be considered an action item, but the City Manager may be combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation.”
Item 11.B
12/13/22
1 of 2 Item 11.B
12/13/22

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Packet Pg. 285 Attachment: Written Comment (5545 : Review Public Input Pilot and Amend Council Rules) 2 Please do the following :
“Any Councilmember or the City Manager may place an item on the Council agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission.”
And
“The City Manager and Staff may also provide information concerning the presentation. The speaker shall have an
opportunity to respond to comments by the City Manager and Staff. The presentation will not be considered an action item, but the City Manager may be combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation. Action may be taken on matters raised in the presentation.”
Again, these changes are important to ensure boards and commissions can properly and meaningfully advise City Council on matters in their respective purviews.

Thank you...

Danielle Charney
Resident Still Standing Since April Fools 1982
Item 11.B
12/13/22
2 of 2 Item 11.B
12/13/22

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Packet Pg. 286 Attachment: Written Comment (5545 : Review Public Input Pilot and Amend Council Rules) 1 City Council Meeting: January 10, 2023 Santa Monica, California RESOLUTION NO. ____________(CCS)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR

THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NUMBER 11427 (CCS)

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

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

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

These Rules of Order shall govern the conduct of all City Council meetings, unless superseded or prohibited by federal, state, or local law. To the extent a matter is not covered by these Rules, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Robert’s Rules shall be subordinate to all applicable laws and these rules to the extent they are inconsistent. These rules also apply to the Council sitting as or in combination with another body, such as the Housing Authority Board, Successor Agency, or Financing Authority, and to all boards and commissions.

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

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Packet Pg. 287 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 2 RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.

Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The Council may amend the meeting calendar to add or delete a regular Council meeting. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other Agenda items shall commence no earlier than 7:00 p.m., following the Closed Session, unless noticed otherwise on the Agenda. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.

RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, 4 Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules, action shall be taken by a majority vote of the entire membership of the City Council, that is, at least 4 votes, unless a higher number is required. However, in the case of a quasi-judicial hearing, if only 4 Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as 5 Councilmembers are participating.

Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall

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Packet Pg. 288 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 3 respond when that Councilmember’s his or her name is called, and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.

The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council, which shall be included on the Agenda by the City Clerk.

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

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

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

Any required public announcements following closed session shall be made by the City Attorney immediately upon the Council convening in open session following closed session. Council direction to provide authority to settle a claim or lawsuit shall not be reported out.

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Packet Pg. 289 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 4 RULE 5. AGENDA.

The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. The City Attorney may place items on the Agenda affecting the City Attorney’s Office or closed session.

Councilmembers shallshould endeavor to submit Councilmember Agenda items as follows: (1) for regular meetings, by 12:00 noon p.m. on Monday, 8 days prior to the proceeding Council meeting, in orderto ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day at least 2 days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current Agenda.

Council items placed on the Agenda may be removed or amended by the sponsor, with the City Manager’s approval, no later than noon on Thursday, 5 days prior to the Council meeting.

Any Councilmember requested discussion Agenda item shall be initiated as a “16

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Packet Pg. 290 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 5 item” first to obtain Council direction.

Councilmember items may only be combined with other items on the Agenda by a vote of the Council. A Councilmember who wishes to combine the Councilmember’s his or her item with another item on the Agenda may direct that the following language be included with the Agenda item: “This item may be considered with Item __.” The City Manager may combine staff items on the Agenda in order to ensure that the public’s business is handled efficiently and conveniently.

Proposed alternatives, other than minor variations, to items or portions of items on the agenda shall be submitted in writing to the City Clerk for distribution no later than noon the day prior to the Council meeting; any alternatives submitted after the deadline may be considered by the Council only by unanimous consent, provided they are Brown Act compliant; otherwise, the amendment along with the main item may be considered at a subsequent meeting pursuant to an approved motion to continue. (d) The City Clerk shall post the Agenda as required by the Brown Act. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in the Clerk’s his or her office declarations establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the

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Packet Pg. 291 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 6 City Clerk and referred to the City Manager or the Manager’shis or her designee and either shall be transmitted to the appropriate board, commission or staff member, or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting Agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests that are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public.

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

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Packet Pg. 292 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 7 current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
(i) Any Councilmember or the City Manager may place an item on the Council agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission. The request and the written or electronic materials to be distributed or displayed at the meeting must be provided to the City Clerk, the City Manager’s Office, and the sponsoring Department Staff Liaison by 3 p.m. Friday, 11 days before the Council meeting. When heard, the speaker for the board or commission shall be permitted up to 10 minutes to present, unless the Council by majority vote allows for a different time. The Council may question the speaker concerning the report and presentation. The speaker shall have an opportunity to respond to comments by the City Manager and Staff. The City Manager and Staff may also provide information concerning the presentation. The presentation will not be considered an action item, but the City Manager may be combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation. Action may be taken on matters raised in the presentation, subject to Brown Act compliance.

RULE 6. CATEGORIES AND ORDER OF BUSINESS.

The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.

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Packet Pg. 293 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 8 (c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only.
(e) Closed Session.
(f) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. Proclamations, commendations, and introductions of special guests may be scheduled and discussed prior to Closed Session in consideration for the time of the guests.
(g) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from

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Packet Pg. 294 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 9 the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session.

Councilmembers are encouraged to notify the City Manager by noon the day before the meeting that an item may be pulled for discussion or questions to Staff and request a presentation of an item on the Consent Calendar. When the Clerk calls the Consent Calendar, the Clerk shall identify those items that Councilmembers have indicated they wanted to pull (by noon the day before) and which Councilmembers have made the requests. Only those items shall be pulled for discussion, unless a Councilmember makes an additional request following the Clerk’s announcement. (h) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the Agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the Agenda. As a result, no formal action may be taken on any matter under this item.
(i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the Agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study

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Packet Pg. 295 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 10 Session, other than to give direction to prepare and return with Agenda items in the future. (k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent Agenda as a continued item. If public comment on a continued item was concluded at the initial meeting, it shall not be repeated.
(l) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public comment discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions that may present reports under this item and pursuant to rule 5(i) include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and

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Packet Pg. 296 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 11 Visitors Bureau. Note this subsection provides for the location or timing of these items if placed on the Agenda, not the authority to place items on the Agenda, which is addressed elsewhere in these rules.
(q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(s) Councilmember Discussion Requested Items. This category consists of Councilmember requested Agenda items. Action and direction may occur on these items to the extent specified in the Agenda item. Councilmembers should discuss requested Agenda items in advance with the City Manager to see if the City Manager will place them on the Agenda as Staff Administrative Items or otherwise or address them in other ways.

RULE 7. PREPARATION OF MINUTES.

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

RULE 8. APPROVAL OF MINUTES.

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

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Packet Pg. 297 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 12 RULE 9. PRESIDING OFFICER.
(a) The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
(b) Selection of Mayor and Mayor Pro Tempore. As required by Charter section 604, the Mayor shall be selected by the Council. The procedure for selection shall be as follows: Beginning in December 2022, the Council shall select the longest continuously serving Councilmember, whether initially elected or appointed, to serve as Mayor for a 1 year term. Each subsequent December the next longest continuously serving Councilmember shall be selected as Mayor for a 1 year term, then rotating each December to select the Mayor in order of the next longest serving Councilmember. If two or more Councilmembers were elected at the same election, the Councilmember receiving the higher number of votes shall be considered as having served longer for purposes of this provision. If two or more Councilmembers were initially appointed to serve at the same time, then when they each may first become eligible to be selected as Mayor, a coin flip shall decide who shall be considered as having served longer for purposes of this provision. The Mayor Pro Tempore may be selected by simple majority vote without regard to this provision. This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council.

RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from

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Packet Pg. 298 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 13 the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.

RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.

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

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

RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain

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Packet Pg. 299 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 14 recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmembers desiring to question City staff shall address their his or her questions to the City Manager, the City Attorney, the City Clerk, or designated staff. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless the Councilmember he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, that Councilmember he or she shall cease speaking until the question of order is determined. Whenever any person is called to order while speaking, such person shall be in possession of the floor after the question of order is decided, and may proceed with the matter under the discussion within the ruling made on the question of order.
(d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of order. Questions concerning procedures or other legal issues may be directed to the City Attorney for legal advice. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present. The City Attorney may also raise a point of order to provide advice to the Council should there be a concern about

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Packet Pg. 300 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 15 procedures, due process, or other legal issues.
(e) Point of Personal Privilege. The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned, or where the safety or welfare of the City Council is concerned. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of personal privilege. (f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.

Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. Except for questions raised by another Councilmember to a

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Packet Pg. 301 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 16 Councilmember, Nno Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating the Councilmember’s his or her views on a particular Agenda item.

RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.

Any Councilmember shall have the right to have the reasons for the Councilmember’s his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…” RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.

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

RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all Agenda items, except ordinances for second reading or as otherwise provided in these rules, and the public shall have an opportunity to comment on any matter that is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the Agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.

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Packet Pg. 302 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 17 (b) Registration. Any member of the public wishing to address the City Council regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each members of the public addressing the City Council shall go to the podium, state theirhis or her name and whom they e or she is represent, if they he or she represents an organization or other person. Each mMembers of the public areis encouraged, but not required, to also state theirhis or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 12:00 noon p.m. on the day of the Council meeting, best efforts shall be made to have them posted on the Council’s online Agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to 2 minutes per comment section unless the City Council grants

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Packet Pg. 303 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 18 additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to 1 minute on an item, while members of the public using the full 2 minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to 1 minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A mMembers of the public wishing to speak on more than one item shall limit their his or her remarks to a total of 6 minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to 2 minutes. Testimony given as an applicant or appellant does not count toward the 6 minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission who was duly authorized to speak for the Board or Commission shall be limited to maximum of 5 minutes to speak. shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports. (f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to 10 minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first

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Packet Pg. 304 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 19 and last.
(g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council.

Proclamations, commendations, and appearances by special guests are ceremonial items. In order tTo ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them.
(h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an Agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these rules. (j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate 2 minutes per Agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per Agenda item. The speaker and the person donating time shall turn in their chits together, notify the Clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that the speaker he or she is speaking for both. Donated

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Packet Pg. 305 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 20 time shall not increase an individual speaker’s total time limit of 6 minutes per meeting.

Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate the donor’s his/her time. (k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 noon PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, Agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. See also Rule 5(i). For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting. (l) Requests for Accommodation. Requests for a disability accommodation to provide public testimony at a Council meeting should be submitted in writing to the City Clerk’s office via email at [email protected] or via telephone at (310) 458-

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Packet Pg. 306 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 21 8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the Council special meeting.

RULE 16. RULES OF CONDUCT AND SAFETY.

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

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

The Chief of Police or such member or members of the Police Department as the Chief he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the

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Packet Pg. 307 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 22 purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require the Presiding Officer him or her to do so.

RULE 17. SEATING ORDER.

After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor. Changes in seating may be allowed by the Mayor, without requiring a vote, for good cause when those changing seats consent.

RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.

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

RULE 19. VOTING PROCEDURE.

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

Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion. If the item and sub-parts receive sufficient votes for approval of some, but not all sub-parts, at the immediate request of any Councilmember, the first vote shall be nullified and Council shall then immediately, without discussion, vote on each item separately.

8.A.c
Packet Pg. 308 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 23 When the Council is making appointments to any committee, board, commission, or equivalent, the Clerk shall ask for nominations, also reciting nominations received through an application process. If applicable, nominations may include one or more positions, such as chair and vice chair, or equivalent. The Council may split the vote on combined nominations by an approved motion. After all nominations are received, the Clerk shall recite the list of all nominees. The Clerk shall then call the roll, and each member shall identify the individual or individuals for whom they are voting. After all votes are cast, the Clerk shall recite the vote. If no nominee(s) receives a majority vote, then the two nominees receiving the highest number of votes shall then be voted upon in the same manner, until a nominee(s) receives a majority vote. If no nominee(s) receives a majority vote, the Clerk shall call for additional nominations and then repeat the process.

RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.

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

RULE 21. TYPES OF MOTIONS TIE VOTE.
(a) Only Councilmembers, or duly appointed members of boards sitting with the Council, may make Motions. The City Clerk shall record all motions and read them back when requested. Upon request, the City Attorney shall assist in the formation of motions.

A Councilmember must have the floor to make a motion.

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Packet Pg. 309 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 24 (b) Any motion that does not receive a second shall not move forward, and then another motion may be made.
(c) For noticed public hearings and quasi-judicial matters, a main motion shall not be made until public comment on the item is complete. (d) There are three motions that are most common and are usually subject to debate:
(1) The main motion. This motion puts forward a substantive decision, most frequently an agenda item, for Council consideration. A main motion may include changes to the item as stated on the agenda or supplemental materials.

Only one main motion may be on the floor at one time.
(2) The motion to amend. This motion seeks to modify the main motion before the Council. A motion to amend cannot be made until there is a main motion on the floor. A motion to substitute a main motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time. All motions to amend shall be resolved prior to voting on the main motion. (3) The procedural motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor at one time. A “point of order” may be raised at any time, interrupting a speaker when recognized by the Presiding Officer, to make a procedural motion.

Procedural motions are debatable but not subject to public comment. (e) The following common procedural motions shall be handled as follows:
(1) Motion to adjourn. This motion, if passed, requires the Council to

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Packet Pg. 310 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 25 immediately adjourn to its next regularly scheduled meeting. It is not subject to debate and requires a majority vote. It is the highest priority motion. (2) Motion to recess. This motion, if passed, requires the Council to immediately recess. The Presiding Officer determines the length of the recess. It is not subject to debate and requires a majority vote.
(3) Motion to fix the time to adjourn. This motion, if passed, requires the Council to adjourn the meeting at a specific time set in the motion. It is not subject to debate and requires a majority vote.
(4) Motion to table. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item placed on hold. The motion can contain a specific time in which the item can come back to Council. If the motion does not contain a specific time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to the Council.

A motion to table or to bring it back to the Council requires a simple majority vote. (5) Motion to continue. This motion, if passed, requires the item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion.

A motion to continue is debatable and requires a simple majority vote. (6) “Friendly Amendment.” This is a “request,” rather than a formal motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a

8.A.c
Packet Pg. 311 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 26 formal motion to amend may be made.

Tie votes shall be lost motions.

RULE 22. CHANGING VOTE.

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

RULE 23. AGENDA MANAGEMENT.

At any time after roll callprior to the City Council taking up Agenda items after the report back from Closed Session, the Mayor or Mayor Pro Tem may call for any member of the City Council may make a motion for Agenda management to reorder or combine Agenda items or to determine when public comment may be taken on one or more items.

However, public comment may be taken later, but not earlier, than the time or position shown on the Agenda. Noticed public hearings scheduled for a time certain may be heard later, but not earlier, than the time scheduled. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call Agenda items or comment opportunity in accordance with the Agenda as modified by the motion.

RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.

The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.

8.A.c
Packet Pg. 312 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 27 (c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.

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

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

RULE 26. RECORD OF MEETINGS.

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

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

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Packet Pg. 313 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 28 RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00 p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.

RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.

RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.

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

RULE 31. FAILURE TO OBSERVE RULES OF ORDER.

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

These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

SECTION 2. Resolution Number _____ (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.

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

APPROVED AS TO FORM:
_________________________

DOUG SLOAN

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Packet Pg. 314 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) 29 City Attorney

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Packet Pg. 315 Attachment: Council Rules Reso 011023 Mayor rotation (5545 : Review Public Input Pilot and Amend Council Rules) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 8.B
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Adoption of a Resolution Amending and Restating the Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair
Recommended Action
Staff recommends that the City Council adopt the attached Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair (Attachment A).

Summary
Amending the existing resolution establishing the Rules of Conduct of the Audit Subcommittee of the City Council is needed to clarify the timing for the election of a Subcommittee Chair and Vice-Chair.

Discussion
On July 28, 2015, Council adopted a resolution establishing an Audit Subcommittee to assist the City Council in fulfilling their oversight responsibilities for the financial reporting process, the framework for internal control, and the audit process. The resolution, which details Audit Subcommittee responsibilities, has been amended several times to allow for modifications that have clarified the duties and responsibilities of the Subcommittee and to adopt and amend Rules of Conduct.

Included in the resolution is the provision that a Chair and Vice-Chair will be elected at the first meeting of the year to preside over the Subcommittee. Members of the Audit

8.B
Packet Pg. 316
2 of 3
Subcommittee requested clarification on whether the term “year” refers to the calendar year (beginning January 1) or the fiscal year (beginning July 1). The terms of each member, which are four years, begin on July 1 and end on June 30, matching the fiscal year. However, because the Subcommittee is a subcommittee of the City Council, with three of the five members required to be members of the City Council, the terms of the presiding officers are better aligned with the calendar year. City Council members begin and end their staggered four-year terms on the City Council in December, which may result in a vacancy or vacancies on the Audit Subcommittee, including the Chair or Vice-Chair, that must be filled. Such a vacancy would be filled most expediently at the meeting following the completion of a Councilmember’s term, which would be the first meeting of the calendar year after a general election. The Audit Subcommittee approved this clarification to Section 5 of the Resolution at its November 28, 2022 meeting.

At the same meeting, Audit Subcommittee members voted to propose to the Council that the qualification requirement for the two City residents appointed to the Subcommittee be changed from expertise in governmental accounting specifically, to a more general expertise in accounting (eliminating the word “governmental” in Section 2). This proposed change, as well as the proposed change reflecting the timing of the Chair and Vice Chair selection, is included in the attached Resolution.

If Council approves this Resolution, the members of the Audit Subcommittee will conduct the process of selecting a Chair and Vice-Chair at the next regular meeting in 2023.

Past Council Actions
Meeting Date Description
July 28, 2015 Establishment of an Audit Subcommittee
May 9, 2017 Adoption of Audit Subcommittee Rules of Conduct and Recommendation to Create an Ad Hoc Committee
June 27, 2017 Amendment to the Audit Subcommittee Rules of Conduct – Regarding Quorum
March 27, 2018 Amendment to the Audit Subcommittee Rules of Conduct – Regarding Quorum

8.B
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3 of 3
October 22, 2019 Resolution Amending the Audit Subcommittee’s Roles to Support the City’s Confidential Ethics Hotline
Environmental Review
This is not a project for the purpose of CEQA.

Financial Impacts and Budget Actions
There is no projected financial impact associated with this report's recommended action.

Attachments:

A. A Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair Prepared By: Gigi Decavalles-Hughes, Director
Approved Forwarded to Council
Attachments:

A. Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair, Vice-Chair
B. Exhibit A - R11427

8.B
Packet Pg. 318
1 City Council Meeting: December 13, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA AMENDING AND RESTATING AUDIT

SUBCOMMITTEE RULES OF CONDUCT TO CLARIFY THE TIMING OF THE

ELECTION OF THE AUDIT SUBCOMMITTEE CHAIR AND VICE-CHAIR WHEREAS, the City Council of the City of Santa Monica (the “City Council”) recognizes the importance of transparency and accountability in the administration of public resources, and the City Council is ultimately responsible for ensuring that the City of Santa Monica (the “City”) is meeting its internal controls and financial reporting responsibilities; and
WHEREAS, on July 14, 2015, the City Council adopted Resolution Number 10897 (CCS) (“Resolution 10897”), which established an Audit Subcommittee of the City Council (the “Audit Subcommittee”) to ensure regular and direct communication between the City’s independent auditors and the City Council and further the City Council’s goals of transparency and accountability in the administration of public resources; and WHEREAS, on July 28, 2015, the City Council adopted Resolution Number 10901 (CCS) (“Resolution 10901”), which reflected the City Council’s intent that the Audit Subcommittee consist of three Council members and two City residents with relevant expertise to be selected through a public process; and
WHEREAS, Resolution 10901 also defined the duties and responsibilities of the Audit Subcommittee; and

8.B.a
Packet Pg. 319 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 2 WHEREAS, on April 20, 2017, the Audit Subcommittee recommended that the City Council adopt Rules of Conduct for the Audit Subcommittee in order for the Subcommittee to efficiently conduct its meetings in compliance with applicable State and local laws; and WHEREAS, on May 9, 2017, the City Council adopted Resolution Number 11042 (CCS) (“Resolution 11042”) adopting Rules of Conduct for the Audit Subcommittee; and WHEREAS, on June 27, 2017, the City Council adopted Resolution Number 11046 (CCS) (“Resolution 11046”) revising the Rules of Conduct for the Audit Subcommittee in order to recognize scheduling challenges resulting from restrictive attendance requirements and ensure that Audit Subcommittee business moves forward in a timely manner; and
WHEREAS, on March 27, 2018, the City Council adopted Resolution Number 11103 (CCS) (“Resolution 11103”) revising the Rules of Conduct for the Audit Subcommittee to provide additional flexibility in the management of the Audit Subcommittee; and
WHEREAS, on October 22, 2019, the City Council adopted Resolution Number 11212 (CCS) (“Resolution 11212”) adding as a responsibility of the Audit Subcommittee the monitoring of the City’s implementation and ongoing management of a confidential ethics hotline; and
WHEREAS, Resolution 11212 repealed Resolutions 10897, 10901, 11042, 11046, and 11103; and
WHEREAS, Resolution 11212 provides that a Chair and Vice-Chair will be elected at the first meeting of the year; and

8.B.a
Packet Pg. 320 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 3 WHEREAS, members of the Audit Subcommittee have requested clarification on whether the term “year” refers to the calendar year (beginning January 1) or the fiscal year (beginning July 1); and
WHEREAS, the Audit Subcommittee is a subcommittee of the City Council, with three of the five members required to be members of the City Council; and WHEREAS, City Council members begin and end their staggered four-year terms on the City Council in December, which may result in a vacancy on the Audit Subcommittee, including the Chair or Vice-Chair, that must be filled expediently.

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 has established and hereby sets forth the composition, rules of conduct, and duties and responsibilities of an Audit Subcommittee, which shall assist the City Council in fulfilling its oversight responsibilities for the financial reporting process, the framework for internal control, and the audit process.

SECTION 2. Composition. The Audit Subcommittee shall consist of three members of the City Council and two City residents who shall be appointed by the City Council through a public process and shall be qualified to serve by virtue of their experience and expertise with accounting and internal financial controls. The five members of the Audit Subcommittee shall be appointed by the City Council to staggered four-year terms. To establish staggered terms, the initial members of the Audit Subcommittee shall be appointed so that two Council members and one public member

8.B.a
Packet Pg. 321 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 4 serve four-year terms and one Council member and one public member serve two-year terms. Thereafter all members shall be appointed to serve four-year terms.

SECTION 3. Open Meeting Laws. Audit Subcommittee meetings shall be held in compliance with the State’s Open Meeting Laws. Notice of meetings, including adjournment, shall also be given in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq. (the “Brown Act”). In the event of a conflict between the provisions of the Brown Act or any other law and any provision of these Rules of Conduct, the Brown Act, or other law, shall prevail. The noticing provisions shall further be subject to any amendments of the Brown Act.

SECTION 4. Quorum. A majority of Audit Subcommittee members shall constitute a quorum for the transaction of business, except to adjourn. One City Council member who is a member of the Audit Subcommittee must be present for an Audit Subcommittee meeting to occur. The Finance Director, or designee, and the City Attorney, or designee, shall attend all Audit Subcommittee meetings. The Finance Director, or designee, or the City Attorney, or designee, shall implement Audit Subcommittee directives as appropriate and report back on recommendations made in audit reports as directed by the Audit Subcommittee.

SECTION 5. Officers Powers and Duties. At the first regular meeting of each calendar year, the members of the Audit Subcommittee shall elect a Chair and a ViceChair for a one-year term. Until new officers are elected, the outgoing officers shall continue to serve, when a quorum is needed and no officers are available. The Chair shall be the Presiding Officer at all meetings. In the absence of the Chair, the Vice Chair shall preside. In the absence of both the Chair and Vice Chair, the City Clerk or designee shall

8.B.a
Packet Pg. 322 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 5 call the Audit Subcommittee members present to serve until the arrival of the Chair or Vice Chair or until adjournment. Meeting agendas shall be prepared by the Chair in consultation with the Finance Director.

SECTION 6. Conduct of Meetings. Except as otherwise provided, the Audit Subcommittee shall follow the City Council Rules of Order and Procedures, Resolution Number 11427 (CCS) (“Resolution 11427”), as applicable, and as may be amended from time to time, in the conduct of its meetings. A copy of Resolution 11427 is attached hereto as Exhibit A and incorporated herein by this reference.

SECTION 7. Regular Meetings. Regular meetings of the Audit Subcommittee shall be held at least quarterly on such dates, at such locations, and at such times as may be fixed by the Audit Subcommittee.

SECTION 8. Ad Hoc Committees. The City Council may approve the creation of an ad hoc committee to take part in Audit Subcommittee discussions. Any such ad hoc committee shall serve for a limited time and scope of work, as approved by the City Council. Any ad hoc committee formed shall be subject to the Open Meeting Laws and shall only convene during public meetings of the Audit Subcommittee. Any ad hoc committee formed may not:
(a) take any final action on matters which also require Audit Subcommittee members’ approval;
(b) fill vacancies on the Audit Subcommittee; or
(c) make any appointments to the ad hoc committee.

Members of any ad hoc committee formed may not meet except as allowed in accordance in the Brown Act.

8.B.a
Packet Pg. 323 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 6 SECTION 9. Duties and Responsibilities. The duties and responsibilities of the Audit Subcommittee include but are not limited to:
(a) Reviewing, upon completion, all City audit reports, analyzing all findings in audit reports, and consulting with external and internal auditors regarding any irregularities and deficiencies disclosed in their reports; (b) Determining what corrective action, if any, should be recommended to the City Council;
(c) Reporting to the City Council on the outcome of all audits, on any audit findings, and on any other pertinent communications, and making appropriate recommendations;
(d) Ensuring that timely and appropriate action has been taken in response to City Council directions arising from audit reports;
(e) Considering the effectiveness of the framework for internal control, reviewing the effectiveness of the systems for monitoring compliance with laws and regulations, and reviewing the processes for communicating the City’s compliance policies to City personnel and monitoring compliance therewith;
(f) Monitoring the City’s implementation and ongoing management of a confidential ethics hotline as a method through which employees, taxpayers, or other concerned stakeholders may confidentially report suspected illegal, improper, wasteful or fraudulent activity; and

8.B.a
Packet Pg. 324 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 7 (g) Provide oversight of the periodic review and selection of external and internal auditors including, but not limited to, reviewing proposals and making recommendations.

SECTION 10. Resolution 11212 is hereby repealed in its entirety.

SECTION 11.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
Exhibit A – Resolution #11427

8.B.a
Packet Pg. 325 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 1 City Council Meeting: June 21, 2022 Santa Monica, California RESOLUTION NO. 11427 (CCS)

A RESOLUTION OF THE CITY COUNCIL

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

PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11418 (CCS)

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

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

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

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

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

RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.

Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 326 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) 2 agenda items shall commence no earlier than 6:30 7:00 p.m., following the Closed Session. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.

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

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

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

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

As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 327 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) Session from which the public is excluded, for those purposes authorized by the Brown Act.

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

RULE 5. AGENDA.

The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. Councilmembers should endeavor to submit Councilmember agenda items as follows: (1) for regular meetings, by 12:00 p.m. on Monday, eight (8) days prior to the proceeding Council meeting, in order to ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current agenda.

Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Councilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be included with the DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 328 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) agenda item: “This item may be considered with Item.” The City Manager may combine staff items on the agenda in order to ensure that the public’s business is handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the BrownAct. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements. (e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the BrownAct. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or his or her designee and either shall be transmitted to the appropriate board, commission or staff member or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests which are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 329 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) public.

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

RULE 6. CATEGORIES AND ORDER OF BUSINESS.

The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.
(e) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only (Proclamations, commendations, introductions of special guests, and presentations and reports by other non-City public entities or legislative bodies will also be heard at this time).

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Packet Pg. 330 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) (f) Closed Session.
(g) Special Agenda Items. This item includes the City Manager’s Report, special meetings, and appointments to the City Council. (h) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.

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Packet Pg. 331 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) (k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(l) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. (q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.

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Packet Pg. 332 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) (s) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways.

RULE 7. PREPARATION OF MINUTES.

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

RULE 8. APPROVAL OF MINUTES.

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

RULE 9. PRESIDING OFFICER.

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

RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 333 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and (5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.

RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.

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

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

RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff shall address his or her questions to the City Manager, the City Attorney, the City Clerk or designated staff. Members of the City staff, after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, he or she shall cease speaking until the question of order is determined.

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Packet Pg. 334 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present.
(e) Point of Personal Privilege. The right of a Councilmember toaddress the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned or where the safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilegeof speaking last on the matter after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.

Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating his or her views on a DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 335 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) particular agenda item.

RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.

Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.

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

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

Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the CityCouncil regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 336 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) Presiding Officer, each member of the public addressing the City Council shall go to the podium, state his or her name and whom he or she is representing, if he or she represents an organization or other person. Each member of the public is encouraged, but not required, to also state his or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 12:00 p.m. on the day of the Council meeting best efforts shall be made to have them posted on the Council’s online agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per comment section unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, while members of the public using the full two minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A member of the public wishing to speak on more than one item shall limit his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the sixDocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 337 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first andlast. (g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council. Proclamations, commendations and appearances by special guests are ceremonial items. In order to ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per agenda item. The speaker and the person donating time shall turn in their chits together, notify the clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that he or she is speaking for both. Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 338 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) request received after the start of the hearing shall be considered late and the donator will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.

RULE 16. RULES OF CONDUCT AND SAFETY.

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

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Packet Pg. 339 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.

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

RULE 17. SEATING ORDER.

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

RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.

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

RULE 19. VOTING PROCEDURE.

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

RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.

Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 340 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

RULE 21. TIE VOTE.

Tie votes shall be lost motions.

RULE 22. CHANGING VOTE.

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

RULE 23. AGENDA MANAGEMENT.

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

RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.

The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

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Packet Pg. 341 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.

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

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

RULE 26. RECORD OF MEETINGS.

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

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

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

RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.

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Packet Pg. 342 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.

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

RULE 31. FAILURE TO OBSERVE RULES OF ORDER.

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

These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

SECTION 2. Resolution Number 11418 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.

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

APPROVED AS TO FORM:
_____________________________

DOUGLAS SLOAN
City Attorney
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

8.B.b
Packet Pg. 343 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) Adopted and approved this 21st day of June 2022.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11427 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 21st day of June 2022, by the following vote:

AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D

8.B.b
Packet Pg. 344 Attachment: Exhibit A - R11427 (5544 : Amending Audit Subcommittee Rules) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 8.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to three unscheduled vacancies on the multiple Commissions.

Continued from October 25th and November 15, 2022
Board/Commission Number of
Appointments
Term End Date Requirements
Airport Commission 1 6/30/2024 Santa Monica Resident
Disabilities Commission 1 6/30/2025 Santa Monica Resident Personnel Board 1 6/30/2023 Santa Monica Resident
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Applicant Lists_Airport, Disabilities, Personnel
B. Written Comments_20221115

8.C
Packet Pg. 345
Revised 11/09/22 at 4 pm
City of Santa Monica
Boards and Commissions Applicants
Airport Commission
Name Application Date
Margaret Falk 5/25/2022
David J. Hopkins 9/27/2022
Eve Lopez 1/23/2022
Joseph A. Pertel 11/07/2022
Kate Scott 5/22/2022
TOTAL APPLICANTS: 5
*Incumbents listed in red

8.C.a
Packet Pg. 346 Attachment: Applicant Lists_Airport, Disabilities, Personnel [Revision 1] (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) Revised 1/06/23 at 5:15pm
City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
Cinzia Paganuzzi 12/29/2022
TOTAL APPLICANTS: 1
*Identified person with a disability
*Incumbents listed in red

8.C.a
Packet Pg. 347 Attachment: Applicant Lists_Airport, Disabilities, Personnel [Revision 1] (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) Revised 1/06/23 at 5:15pm
City of Santa Monica
Boards and Commissions Applicants
Personnel Board
Name Application Date
Melanie Luthern Allen 12/27/2022
Dirk W. van de Bunt 11/07/2022
TOTAL APPLICANTS: 2
*Incumbents listed in red

8.C.a
Packet Pg. 348 Attachment: Applicant Lists_Airport, Disabilities, Personnel [Revision 1] (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: nicole faries <[email protected]>
Sent: Friday, November 11, 2022 3:45 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I strongly support longtime Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Nicole Faries
Sunset Park
Item 16.A
11/15/22
1 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 349 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Patti Braun <[email protected]>
Sent: Friday, November 11, 2022 3:12 PM
To: councilmtgitems
Subject: Item 16(A) Airport Commission

EXTERNAL
Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and esteemed Councilmembers, I am writing today in support of my friend, long-time Sunset Park resident, Joe Pertel, for appointment to the airport commission.

As a Sunset Park resident since 1991, I am committed to insuring that we continue to move forward on the closure of the Santa Monica Airport in 2028, and I and my husband support its conversion to a “great park” with open green space and recreational facilities, as approved by the majority of our residents in 2014. Joe Pertel shares this commitment and will make a great airport commissioner.

He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He has worked to create opportunities for our Santa Monica students and advocated alongside myself and other parent leaders in support of our excellent schools. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Sunset Park, Joe will keep our community interests in mind during the next few critical years of the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, and will promote sustainable use with the expansion of Airport Park. He will staunchly support the Commission, and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Thank you for your consideration of Joe Pertel’s appointment to the Airport Commission.

Patti Braun
Resident and Homeowner,
1811 Pier Avenue, Sunset Park
Item 16.A
11/15/22
2 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 350 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Lyn Greenberg <[email protected]>
Sent: Friday, November 11, 2022 10:23 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
Please appoint Joe Pertel to the airport commission. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues, a sense of ethics and disciplined thinking that all of us need to see in our politics right now.

I believe Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029. I also trust that if compromises or negotiations are necessary to achieve a good outcome for the city, Jose will approach them with knowledge, integrity, and reasoned discourse - which we sorely need right now. --
Lyn Greenberg
Ocean Park
Item 16.A
11/15/22
3 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 351 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Hongfang Tan <[email protected]>
Sent: Friday, November 11, 2022 6:37 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Sincerely,
Hongfang (Wendy) Tan
NOTICE TO RECIPIENT: If you are not the intended recipient of this e-mail, you are prohibited from sharing, copying, or otherwise using or disclosing its contents. If you have received this e-mail in error, please notify the sender immediately by reply e-mail and permanently delete this e-mail and any attachments without reading, forwarding or saving them. v.173.295 Thank you.

Item 16.A
11/15/22
4 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 352 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Dennis Dunbar <[email protected]>
Sent: Friday, November 11, 2022 5:24 PM
To: councilmtgitems
Subject: Joe Pertel for Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

In addition to Joe’s work on some great causes I’ve known him since our daughters played soccer together in the Santa Monica AYSO. Joe was always a great presence on the sidelines in those days helping support the team and in guiding the kids in their growth as athletes and good kids.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Dennis Dunbar
310-463-1677
Blog: http://dunbardigital.com/blog/
Website: http://www.dunbardigital.com
Co-Author - Photoshop Restoration & Retouching - 4th Edition Item 16.A
11/15/22
5 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 353 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Richard Tahvildaran Jesswein <[email protected]> Sent: Saturday, November 12, 2022 9:40 AM
To: councilmtgitems
Cc: Richard Jesswein
Subject: Item 16(A) - Airport Commission

EXTERNAL
Dear Honorable Council Members:

I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Richard Tahvildaran-Jesswein, Ph.D.
23 year resident, North of Montana
Item 16.A
11/15/22
6 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 354 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Asa Greenberg <[email protected]>
Sent: Saturday, November 12, 2022 1:16 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
Dear City Council,
As a resident, business owner, and homeowner in Sunset Park, I write to support the application by long-time Sunset Park resident, Joe Pertel, to join the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Asa Greenberg
2315 Pier Ave.
_
Asa Greenberg
Argonaut Pictures, LLC
[email protected]
Item 16.A
11/15/22
7 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 355 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: JESSICA TUCK <[email protected]>
Sent: Saturday, November 12, 2022 1:12 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
Dear City Council
I am writing an email of support for Sunset Park resident , Joe Pertel , for the Santa Monica Airport Commission . I have known him for 30 years and he is an amazing man of integrity.

His legal experience, knowledge, and dedication to our community make him a wonderful candidate.

Please make the right decision and appoint him.

Many thanks,
Jessica Tuck
Sunset Park resident
Item 16.A
11/15/22
8 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 356 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: janet carpenter <[email protected]>
Sent: Saturday, November 12, 2022 1:00 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
RE: Joe Pertel/ Airport Commission
I have known Joe Pertel as a neighbor and friend for 20+ years. He is an active member of the Santa Monica community and our neighborhood.

I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Janet Carpenter
2415 28th Street
Santa Monica, CA 90405
-
janet carpenter
[email protected]
cell: 310 502 5163
Item 16.A
11/15/22
9 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 357 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Sarah Starks <[email protected]>
Sent: Saturday, November 12, 2022 11:02 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
Dear City Council members,
I strongly support longtime Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Sarah Starks
Sunset Park resident since 2009
Item 16.A
11/15/22
10 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 358 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Andrew Gumbel <[email protected]>
Sent: Saturday, November 12, 2022 1:17 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
Dear City Council members,
I have known Joe Pertel for many years and can strongly endorse his appointment to the Santa Monica Airport Commission. It's hard, in fact, to imagine a stronger candidate: a public interest lawyer with deep experience of the sorts of complex issues that the airport closure presents, a long-time Sunset Park resident who is known and respected in the community and has given back in countless ways, and -- not insignificantly -- a lovely, easy-going man who is likely to get along excellently with his fellow commissioners and with the rest of the city leadership.

We all want the airport closure and its scheduled conversion into a park to go smoothly. Joe is the ideal person to ensure just that.

I would urge you all to approve his appointment.

With many thanks
Andrew Gumbel
Sunset Park
--
Andrew Gumbel
reporter - author
+1 310 365-9724
www.andrewgumbel.com
Item 16.A
11/15/22
11 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 359 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Rebecca Haggerty <[email protected]>
Sent: Saturday, November 12, 2022 2:47 PM
To: councilmtgitems
Subject: Airport Commission

EXTERNAL
To whom it may concern:

I write to strongly support Joe Pertel for the airport commission.

I have lived in Santa Monica for 12 years, I am a home-owner and have been active in many aspects of Santa Monica community life.

I have known Joe for many years, and I believe he would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations, and a public interest attorney with decades of experience analyzing complex legal issues.

I feel confident Joe will prioritize our community interests during these next critical years for the Santa Monica Airport (SMO). He will be scrupulous in mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

I strongly support Joe Pertel as a member of the airport commission and urge the City Council to do the same.

Please do not hesitate to contact me at 917-664-3643 or via return email with any questions.

Sincerely,
Rebecca Haggerty
Item 16.A
11/15/22
12 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 360 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Cathy Larson and Roger Allen <[email protected]> Sent: Saturday, November 12, 2022 2:21 PM
To: councilmtgitems
Subject: Item 16 A - support Joe Pertel appointment for Airport Commission

EXTERNAL
Support Joe Pertel for Airport Commission appointment.

Councilmembers,
Joe Pertel is the only applicant who clearly supports the transformation of Santa Monica Airport land into a Great Park.

Over 60% of the voters passed Measure LC affirming their desire for recreation and park space on airport land.

As density in our City increases, so does the value of public parkland. Our current pandemic has emphasized the necessity of open space for residents to enjoy. Children and adults want more playing fields, Pickle Ball courts, and recreational space.

We don’t need a Commissioner who is an aviation advocate. We need a Commissioner to help usher in the next chapter for the airport land—park land for the enjoyment of all. Mr. Pertel’s legal expertise is an additional asset as the City plans this transformation.

Cathy Larson
Sunset Park Resident
Airport 2 Park Boardmember
Item 16.A
11/15/22
13 of 169 Item 16.A
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8.C.b
Packet Pg. 361 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: pattyhmj <[email protected]>
Sent: Saturday, November 12, 2022 2:11 PM
To: councilmtgitems
Subject: Airport Commissioner

EXTERNAL
We will add we would like Joe Pertel to be commissioner of Santa Monica Airport.

Thank you
67 year resident of Santa Monica
Patty Laurie
Sent from my Galaxy
Item 16.A
11/15/22
14 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 362 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Roger Allen <[email protected]>
Sent: Saturday, November 12, 2022 2:02 PM
To: councilmtgitems
Subject: Item 16A

EXTERNAL
Santa Monica City Council Members,
I support the appointment of Joe Pertel for the open Airport Commission Role.

Mr. Pertel's vision of transforming the Santa Monica Airport into a Grand Park aligns with my view how the space should be repurposed. His legal expertise will compliment his role as the City navigates this process.

Thank you,
Roger Allen
Sunset Park Resident
Email [email protected]

Item 16.A
11/15/22
15 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 363 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: pattyhmj <[email protected]>
Sent: Saturday, November 12, 2022 1:59 PM
To: councilmtgitems
Subject: Joe Pertel

EXTERNAL
Thank you we would like to say we want Joe Pertel on the Airport commission Thank you
67 year resident of Santa Monica
Patty Laurie
Sent from my Galaxy
Item 16.A
11/15/22
16 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 364 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 Vernice Hankins
From: Matty Wilder <[email protected]>
Sent: Saturday, November 12, 2022 1:28 PM
To: councilmtgitems
Cc: Sue Himmelrich; Lana Negrete; Gleam Davis; Phil Brock; Kristin McCowan; Oscar de la Torre; Christine Parra
Subject: Item 16A - Appoint Joe Pertel to the Airport Commission

EXTERNAL
Dear Council Members,
Please appoint JOSEPH PERTEL to the Airport Commission.

Joe is a longtime community member and advocate who is committed to working on behalf of the health and well-being of all Santa Monicans. As a public-interest attorney, he will bring significant legal expertise to the Commission, which will be a valuable asset as the City plans the transition from an airport to a great park.

Please also oppose the other four applicants, who are all pro-airport and will fight against the City's stated plans to close the airport at the end of 2028. Additionally, City Staff already has plenty of aviation experience and expertise to ensure that the airport will continue to be operated properly and safely as long as it remains open.

Thank you.

Sincerely,
Matty Wilder
Sunset Park resident
Item 16.A
11/15/22
17 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 365 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Dana Newman <[email protected]>
Sent: Saturday, November 12, 2022 3:46 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
Dear Santa Monica City Council Members:

I strongly support long-time Sunset Park resident, Joe Pertel, for appointment to the airport commission.

Joe Pertel would make an outstanding airport commissioner. I have known him since our children attended Grant Elementary School together from 2004-2009. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Dana Newman
Sunset Park Resident
Member, Santa Monica Library Board
Item 16.A
11/15/22
18 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 366 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: ANTONIO LYSY <[email protected]>
Sent: Saturday, November 12, 2022 3:30 PM
To: councilmtgitems
Subject: Airport Commission Appointment

EXTERNAL
Dear City Council:

We strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

We feel Joe Pertel would be a great asset as airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,

Antonio and Margaret Lysy
Santa Monica Neighborhood
2470 Hill Street
Antonio Lysy
UCLA Herb Alpert School of Music
Item 16.A
11/15/22
19 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 367 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Joan Wilder <[email protected]>
Sent: Saturday, November 12, 2022 3:13 PM
To: councilmtgitems
Cc: Sue Himmelrich; Lana Negrete; Gleam Davis; Phil Brock; Kristin McCowan; Oscar de la Torre; Christine Parra
Subject: Item 16A - Appoint Joe Pertel to the Airport Commission

EXTERNAL
Dear Council Members,
Please appoint JOSEPH PERTEL to the Airport Commission.

Joe is a longtime community member who has been volunteering in Santa Monica for decades. As a public-interest attorney, he will bring significant legal expertise to the Commission, which will be a valuable asset as the City plans the transition from an airport to a great park.

Please also oppose the other four applicants, who are all pro-airport and will fight against the City's stated plans to close the airport at the end of 2028. Additionally, City Staff already has plenty of aviation experience and expertise to ensure that the airport will continue to be operated properly and safely as long as it remains open.

Thank you.

Sincerely,
Joan Wilder
Item 16.A
11/15/22
20 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 368 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Dennis Wilder <[email protected]>
Sent: Saturday, November 12, 2022 2:52 PM
To: councilmtgitems
Cc: Lana Negrete; Gleam Davis; Phil Brock; Kristin McCowan; Oscar de la Torre; Christine Parra Subject: RE: Item 16A - Appoint Joe Pertel to the Airport Commission

EXTERNAL
Dear Council Members,
Please appoint JOSEPH PERTEL to the Airport Commission.

Joe is a longtime community member who has been volunteering in Santa Monica for decades. As a publicinterest attorney, he will bring significant legal expertise to the Commission, which will be a valuable asset as the City plans the transition from an airport to a great park.

Please also oppose the other four applicants, who are all pro-airport and will fight against the City's stated plans to close the airport at the end of 2028. Additionally, City Staff already has plenty of aviation experience and expertise to ensure that the airport will continue to be operated properly and safely as long as it remains open.

Thank you.

Dennis G. Wilder, PhD
Item 16.A
11/15/22
21 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 369 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Fue Pan <[email protected]>
Sent: Saturday, November 12, 2022 5:06 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Mr. Pertel have a long history of being enthusiastic about public service, he would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Thanks,

Fue Pan
Sr. Oracle DBA/Architect
Antech Corp.
http://www.antechdiagnostics.com
o:657-304-2695
c:310-893-4937
e: [email protected]
Item 16.A
11/15/22
22 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 370 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Megan Fitzgerald <[email protected]>
Sent: Saturday, November 12, 2022 4:28 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment.

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Megan FitzGerald
Sunset Park
Item 16.A
11/15/22
23 of 169 Item 16.A
11/15/22

8.C.b
Packet Pg. 371 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: John Fairweather <[email protected]>
Sent: Saturday, November 12, 2022 4:26 PM
To: councilmtgitems
Cc: Sue Himmelrich; Lana Negrete; Gleam Davis; Phil Brock; Kristin McCowan; Oscar de la Torre; Christine Parra
Subject: Joe Pertel for Airport Commission

EXTERNAL
Dear Council Members,
I strongly recommend that you appoint Joe Pertel to the Airport Commission.

Not only does he have a deep understanding of aviation issues, but he is a long term Santa Monica resident with a history of volunteering. Joe is an attorney and his experience on the airport commission will be very useful when the airport closes in 2028 as the city plans and executes the transition to a great park.

Other applicants for the position all oppose the City’s rights to determine the future of SMO and are pro-airport. I believe each of these other applicants would act to to thwart City decisions at the airport at every opportunity.

Thank you.

Sincerely,
John Fairweather
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Packet Pg. 372 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Brodsky, Michael <[email protected]>
Sent: Saturday, November 12, 2022 7:37 PM
To: councilmtgitems
Cc: Sue Himmelrich; Lana Negrete; Gleam Davis; Phil Brock; Kristin McCowan; Oscar de la Torre; Christine Parra
Subject: Item 16(A) - Airport Commission Appointment - Support for Joseph A. Pertel Attachments: 520pmOctober25th2022.png

EXTERNAL
Dear City Council Member,

Every day, 35,000 Sunset Park, Ocean Park, and Pico neighborhood residents must endure the constant harmful impacts of noise and pollution from Santa Monica Airport.

Yet only 20 or so Santa Monica residents (data directly from airplane flight operation registrations) fly out of Santa Monica Airport on any given day.

Our vast number of our residents need representation on the Airport Commission by someone who will be able to give community input on SMO safety and operations that will help address the harmful issues that are impacting our 35,000 residents.

I support Joseph A. Pertel to be our representative on the Airport Commission. He will make an excellent, knowledgeable, fair, and honest Airport Commissioner.

Joseph A. Pertel will support all users of SMO such that operations are safe, as well as support the needs of our residents to reduce SMO’s harmful impacts while it remains.

Joseph A. Pertel is also unique in that he can help advise and facilitate the planning for the closure of SMO in just *6* years!

We must begin that planning right now!

Our residents need representation by someone will reflect the needs of the greatest number of our residents.

We cannot afford to have a commissioner who beholden to needs of the AOPA aviation lobby or will actively work to prevent the closure of SMO for the privileged few who reap all the benefits of SMO, at the expense of the health and wellbeing of THOUSANDS of our residents.

Sincerely,
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Packet Pg. 373 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Michael Brodsky
Santa Monica
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Packet Pg. 375 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Tina Tan-Pertel <[email protected]>
Sent: Sunday, November 13, 2022 10:26 AM
To: councilmtgitems
Subject: Item 16(A)- Airport Commission

EXTERNAL
Dear City Council,
I wholeheartedly support long-time Sunset Park resident, Joe Pertel, for the airport commission. I have been a resident of Sunset Park since 1998.

Joe Pertel would make a great airport commissioner. He has consistently demonstrated a strong commitment to public service in Santa Monica. He is a longtime Sunset Park resident who has served on the boards of many local youth organizations, including Team Santa Monica swim team, Santa Monica United/Surf soccer club, and Elemental Strings. He has also volunteered his time for the music and sports programs at Santa Monica High School, including its band and choir programs, literary magazines, soccer, swimming, and water polo programs.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Hongying Tan, MD, PhD
Sunset Park Neighborhood
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Packet Pg. 376 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: kennedy <[email protected]>
Sent: Sunday, November 13, 2022 9:05 AM
To: councilmtgitems
Subject: support

EXTERNAL
To whom it may concern, I strongly support Joe Pertel for the Santa monica Airpot Commission.

His experience and knowledge and motives are what we need to support our plan for the airport to park! Signed, PIER Ave. residemt
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Packet Pg. 377 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Sanjeev Jain <[email protected]>
Sent: Sunday, November 13, 2022 8:52 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission - support for Joe Pertel for the airport commission

EXTERNAL
I, Sanjeev Jain, have resided in Sunset Park since 2002, and have known Joe Pertel and seen his work all these years.

I wholeheartedly support Joe Pertel for the airport commission.

Joe would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Sanjeev Jain
2321 27th Street
Santa Monica, CA 90405
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Packet Pg. 378 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Dawn Joyal <[email protected]>
Sent: Sunday, November 13, 2022 8:40 AM
To: councilmtgitems
Subject: Item 16A - Appoint Joe Pertel to the Airport Commission

EXTERNAL
Item 16A - Appoint Joe Pertel to the Airport Commission Dear Council Members,
Please appoint JOSEPH PERTEL to the Airport Commission.

Joe is a longtime community member who has been volunteering in Santa Monica for decades. As a publicinterest attorney, he will bring significant legal expertise to the Commission, which will be a valuable asset as the City plans the transition from an airport to a great park.

Please also oppose the other four applicants, who are all pro-airport and will fight against the City's stated plans to close the airport at the end of 2028. Additionally, City Staff already has plenty of aviation experience and expertise to ensure that the airport will continue to be operated properly and safely as long as it remains open.

Mrs D Joyal
Sunset Park
Sent from my iPhone
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Packet Pg. 379 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Nancy Owens <[email protected]>
Sent: Saturday, November 12, 2022 8:09 PM
To: councilmtgitems
Subject: Subject: Item 16A - Appoint Joe Pertel to the Airport Commission

EXTERNAL
Dear Council Members,
Please appoint JOSEPH PERTEL to the Airport Commission.

Joe is a longtime community member who has been volunteering in Santa Monica for decades. As a public-interest attorney, he will bring significant legal expertise to the Commission, which will be a valuable asset as the City plans the transition from an airport to a great park.

Please also oppose the other four applicants, who are all pro-airport and will fight against the City's stated plans to close the airport at the end of 2028. Additionally, City Staff already has plenty of aviation experience and expertise to ensure that the airport will continue to be operated properly and safely as long as it remains open.

Thank you.

Sincerely,
Nancy Owens
Santa Monica, CA
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Packet Pg. 380 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: jon kean <[email protected]>
Sent: Sunday, November 13, 2022 12:17 PM
To: councilmtgitems
Subject: Item 16A--November 15, 2022 Meeting

EXTERNAL
Dear Esteemed City Councilmembers
I am writing to you in support of the application of Joe Pertel for the vacancy on the Airport Commission.

We, as a community, need smart and thoughtful people to provide guidance and serve as liaisons as we approach the anticipated closure of the airport and its potential future uses in the coming years. Joe Pertel is such a person.

In addition to being a long time Sunset Park resident, Joe has spent decades in his professional career navigating complex issues as a public interest attorney. He has demonstrated a fervent commitment to Santa Monica and its residents through his local advocacy and will provide a reasoned and analytical voice to any future discussions.

At a time when the health and safety of our community, as well as maintaining and growing open spaces, is a priority for the vast majority of residents, Joe can champion both.

As a sitting school board member, I have seen the impact of Joe's advocacy and intellect.

He has never shared an opinion on any issue without deep research and contemplation.

There is no "go along to get along" with him but at the same time, I have never seen him to stay fixed on his own assumptions and beliefs if the facts show a different path.

We need thoughtful people like Joe Pertel on the Airport Commission as we only have one opportunity to get this right.

Thank you for your consideration of my comments
Jon Kean
SMMUSD Board of Education Member, As an individual.

Jon Kean
[email protected]
http://www.afterauschwitz.com
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Packet Pg. 381 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Perryadle <[email protected]>
Sent: Sunday, November 13, 2022 12:09 PM
To: councilmtgitems
Subject: Item 1(A) - Airport Commission

EXTERNAL
To Whom it May Concern,
My husband and I wholeheartedly support long-time Sunset Park resident Joe Pertel for the airport commission.

We believe that Joe would make a wonderful airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our Sunset Park neighborhood, Joe will keep our community interests in mind during these next critical years for the (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing fro the successful closure of the airport and its conversion to a park in 2019, Sincerely,
Perry and Dave Clennon
27th Street
Sunset Park
Santa Monica
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Packet Pg. 382 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Susan Jain <[email protected]>
Sent: Sunday, November 13, 2022 11:57 AM
To: councilmtgitems
Subject: Re: Item 16(A) - Airport Commission - support for Joe Pertel for the airport commission

EXTERNAL
Dear Colleagues,
Today I write to wholeheartedly support Joseph Pertel for the airport commission.

As a Sunset Park resident since 2002, I have observed Joseph Pertel’s constant work on behalf of our community. As a member of the airport commission, I am confident that he will serve the interests of our neighborhood and ALL of the people who live and work in Santa Monica.

The son of a Navy pilot, Joe is a criminal defense attorney/ former LA County Public Defender who knows how the government and legal system work. He is experienced in analyzing complex situations & stories and has devoted his life to seeking justice for people of all backgrounds. Joe, who has studied abroad and speaks fluent Mandarin, is part of a diverse family that includes first-generation immigrants, members of our Native American community, and the LGBTQ+ community.

Joe is a parent of two daughters who went through SMMUSD schools. He has been an active parent volunteer and fundraiser and has served on the advisory boards of several local sports and arts organizations including Team Santa Monica (swimming) and Elemental Strings (music). In recent years he has been an active fundraiser and promoter of the Santa Monica Youth Orchestra, a world music program based in Virginia Park that offers free world music instruction to local youth.

As a neighborhood representative to the airport commission, I am confident Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, Item 16.A
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Packet Pg. 383 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely yours,
Dr. Susan Jain
2321 27th Street
Santa Monica, CA 90405
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Packet Pg. 384 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Alicia Mignano <[email protected]>
Sent: Sunday, November 13, 2022 11:48 AM
To: councilmtgitems
Subject: Item 16(A)- Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Alicia Mignano
Pico Neighborhood
--
Alicia Mignano
503.962.0703 (text)
AliciaForSMMUSD.com
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Packet Pg. 385 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

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Packet Pg. 386 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: marianne smith <[email protected]>
Sent: Sunday, November 13, 2022 1:24 PM
To: councilmtgitems
Subject: Joe Pertel for Santa Monica Airport Commision

EXTERNAL
I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Marianne Smith
3014 17th street
Santa Monica, CA 90405
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Packet Pg. 387 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Ben <[email protected]>
Sent: Sunday, November 13, 2022 12:54 PM
To: councilmtgitems; Council Mailbox; Christine Parra; Gleam Davis; Kristin McCowan; Lana Negrete; Oscar de la Torre; Phil Brock; Sue Himmelrich; David White Cc: Caroline M. Torosis; Jesse Zwick; Andrew Wilder; Diane Reynolds; Joe Schmitz; Geoffrey Neri; Stelios Makrides
Subject: SMO: SM City Council Meeting November 15, 2022 - Item 16A - Santa Monica Airport Commission

EXTERNAL
RE: SMO -- SM City Council Meeting November 15, 2022 - Item 16A - Santa Monica Airport Commission
Dear Santa Monica City Council:

Kate Scott should NOT be appointed to the Airport Commission. As a reminder, in October 2017, she filed a lawsuit against the SM City Council in Los Angeles Superior Court although it was later moved to U.S. District Courts, California Central District. It halted and delayed the runway shortening project. See the note below for more details on the lawsuit.

Eve Lopez should NOT be appointed to the Airport Commission. As a reminder, in April 2022, she filed a Brown Act Complaint against the SM Airport Commission based on her own misinformation. Additionally, she continues to intimidate people -- including local residents and city leaders. I personally received a threatening email directly from her mentioning my employer, birthdate, address, and communications with City Council Members and Airport Commissioners. This example and others can be provided if requested. I believe she is an loose canon with very poor judgement.

Both Kate and Eve would be real problems on the Airport Commission, and I have no doubt their participation on the Airport Commission would lead to further litigation against the City. Please do not appoint any potential commissioner who will obstruct the significant progress made over the many decades.

Please appoint Joe Pertel to the Airport Commission. SMO is scheduled to close in only 72 months in December 2028, and Joe Pertel's interests align with the City of Santa Monica and its residents. His expertise as a 27-year public interest attorney, combined with his knowledge and active involvement in community matters makes him invaluable (see his application - link). With his highly relevant experience and qualifications he will make an excellent advisor to City Council on the many important and complex matters related to SMO and its ongoing transition over the next 72 months.

The path to closure is cleared for the City, per:
(1) 2014 Charter Amendment and Measure LC (https://itsourland.org) (2) 2017 Consent Decree
(https://smofuture.weebly.com/uploads/3/1/0/1/31010165/2017_consent_decree.pdf) Item 16.A
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Packet Pg. 388 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 (3) 2017 SM City Council SMO Closure Resolution No. 11026 (CCS) (http://bit.ly/SMO-ClosureResolution) PRIVATE aviation, with its impactful noise, pollution, dangers, and public costs, have occupied our public land for far too long. Please continue forward with this once-in-a-lifetime opportunity to transform our public land so that we can all benefit and enjoy it.

Please appoint Joe Pertel to the Santa Monica Airport Commission.

Notes: Links to additional information about Kate Scott's lawsuit against Santa Monica:
• https://surfsantamonica.com/ssm_site/the_lookout/news/News-2017/May2017/05_09_2017_New_Lawsuit_Seeks_to_Invalidate_Santa_Monica_Airport_Consent_Decr ee.html
• https://archive.kpcc.org/news/2017/10/09/76487/judge-orders-santa-monica-airport-runwayshortenin/ • https://unicourt.com/case/pc-db1-scott-et-al-v-city-council-for-the-city-of-santa-monica577173#case-details • https://www.pacermonitor.com/public/case/22664010/Scott_et_al_v_City_Council_for_the_City _of_Santa_Monica
Thank you,
Ben Wang
30th Street
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Packet Pg. 389 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Ted Winterer <[email protected]>
Sent: Sunday, November 13, 2022 12:48 PM
To: councilmtgitems; [email protected]
Subject: Item 16-A - Airport Commission appointment support Joe Pertel

EXTERNAL
Mayor Himmelrich and Honorable Councilmembers,
I urge you to appoint Joe Pertel to the vacant seat on the Airport Commission.

Joe's lived in Sunset Park for a long time, is very familiar with the issues regarding SMO and has been an involved member of our community in many ways.

He's an experienced lawyer with a keen legal mind and affable personality.

He would be a fine addition to the Commission.

Regards,
Ted Winterer.
--
Ted Winterer
Realtor @Compass, 2115 Main Street Santa Monica
DRE #02047989 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

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Packet Pg. 390 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: [email protected]
Sent: Sunday, November 13, 2022 12:28 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

My family has known Joe and his family for over 10 years. During that time, Joe has been heavily involved in the community, and in particular with youth soccer (AYSO, Clubs) as well as the various Santa Monica music programs. He has raised two amazing daughters through the public school system and has deep care for the community.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Steaven Chen
Resident – 1045 23rd Street, Santa Monica, CA 90403
Cell: 310-925-8482
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Packet Pg. 391 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Hans Berggren <[email protected]>
Sent: Sunday, November 13, 2022 2:27 PM
To: councilmtgitems
Subject: Council Meeting Item 16(A) - Airport Commission

EXTERNAL
Hello City Council,
I fully support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe would be a diligent, informed, and thoughtful presence on the commission. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

I trust that the community will be well served by Joe during these next critical years for the Santa Monica Airport (SMO). He will promote sustainable uses such as the expansion of Airport Park, and actively support the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Please give serious consideration to the candidacy of Joe Pertel for Airport commissioner.

Thank you,
Hans Berggren
Ocean Park, Santa Monica
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Packet Pg. 392 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Julia Carnahan <[email protected]>
Sent: Sunday, November 13, 2022 1:32 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
Dear Santa Monica City Council members,
I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate.

Joe’s work in the community on behalf of others has long impressed me. He’s extremely knowledgable, caring, and generous.

Please appoint him.

Julia Carnahan
2239 27th Street
Santa Monica, CA 90405
Cell: 323-244-9663
Email: [email protected]
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Packet Pg. 393 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Debbie Mulvaney <[email protected]>
Sent: Sunday, November 13, 2022 1:28 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I wholeheartedly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Thanks.

Debbie Mulvaney
Mulvaney Business Advisors
310-600-1864
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Packet Pg. 394 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Lutz, Joseph <[email protected]>
Sent: Sunday, November 13, 2022 2:44 PM
To: councilmtgitems
Cc: Lutz, Joseph
Subject: Item 16A/Airport Commission

EXTERNAL
To whom it may concern:

Please nominate Joe Pertel to the empty Airport Commission seat.

Best regards,
Joe Lutz
Joseph Lutz | Senior Counsel | Seyfarth Shaw LLP
2029 Century Park East | Suite 3500 | Los Angeles, California 90067-3021 Direct: +1-310-201-1545 | Mobile: +1-310-717-3692 | Fax: +1-310-551-8345 [email protected] | www.seyfarth.com To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this communication is prohibited. If you believe that you have received this email in error, please notify the sender immediately and delete it from your system.

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Packet Pg. 395 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Gregg Chadwick <[email protected]>
Sent: Sunday, November 13, 2022 2:30 PM
To: councilmtgitems
Subject: I Endorse Joe Pertel for the Empty Airport Commission Seat

EXTERNAL
Dear Santa Monica City Council Members,
I Endorse Joe Pertel for the Empty Airport Commission Seat. As a Santa Monica homeowner and a small business owner with my business in the city of Santa Monica, I know that we need a forward thinking leader to fill the empty Airport Commission seat. Joe is an attorney and Sunset Park resident who is willing to step in and help guide the city towards the closure of SMO, protect impacted residents, and insure safe operation in the meantime.

A resolution to close SMO was made by the City Council in 2017, and most importantly residents voted citywide and passed measure LC in 2014 to turn the land into a park, cultural, and recreational center as residents intended way back in 1926 when the land was purchased by a park bond.

The airport is likely the most underutilized piece of property in Santa Monica. It is time to start converting empty land no longer needed for the dwindling airport into uses residents can enjoy including sports fields and courts, walking paths, and more. This can be done in affordable steps as other cities in the USA and abroad have accomplished upon closing their airports with great success.

As an official body of residents, it is important to see that the Airport Commission is made of residents who share a vision of the future that lives up to the expectations of the community, and not developers and aviation interests.

Thank you,
Gregg Chadwick
2308 Schader Drive #206
Sata Monica, CA 90404
www.greggchadwick.com
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Packet Pg. 396 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Alan Levenson <[email protected]>
Sent: Sunday, November 13, 2022 2:29 PM
To: councilmtgitems
Subject: Item 16A - Airport Commission Seat

EXTERNAL
Please appoint Joe Pertel to the Airport Commission
Begin forwarded message:

From: NoJets <[email protected]>
Subject: Action: New Airport Commissioner Recommendation Date: November 13, 2022 at 2:23:47 PM PST
To: <[email protected]>
Reply-To: NoJets <[email protected]>
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Packet Pg. 397 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 View this email in your browser
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Send a quick note to the City Council asking
to appoint Joe Pertel to the Airport
Commission.

Joe is an attorney and Sunset Park resident who is willing to step in and help guide the city towards the closure of SMO, protect impacted residents, and insure safe operation in the meantime.

A resolution to close SMO was made by the City Council in 2017, and most importantly residents voted citywide and passed measure LC in 2014 to turn the land into a park, cultural, and recreational center as residents intended way back in 1926 when the land was purchased by a park bond.

The airport is likely the most underutilized piece of property in Santa Monica. It is time to start converting empty land no longer needed for the dwindling airport into uses residents can enjoy including sports fields and courts, walking paths, and more. This can be done in affordable steps as other cities in the USA and abroad have accomplished upon closing their airports with great success.

As an official body of residents, it is important to see that the Airport Commission is made of residents who share a vision of the future that lives up to the expectations of the community, and not developers and aviation interests.

Send a note endorsing Joe Pertel for the empty Airport
Commission seat, and any additional thoughts you may have to the council:

Subject: Item 16A/Airport Commission
Send to: [email protected]
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Packet Pg. 398 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Thank you!
Alan Levenson
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Copyright © 2022 No Jets SMO, All rights reserved.

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Packet Pg. 399 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 Alan Levenson
www.alanlevenson.com
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Packet Pg. 400 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: David K <[email protected]>
Sent: Sunday, November 13, 2022 3:24 PM
To: councilmtgitems
Subject: Council Meeting Item 16(A) - Airport Commission

EXTERNAL
Dear City Council:

I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

I first got to know Joe when I moved to Montana Avenue in Santa Monica in 2010. I had taken over as executive director of the largest and oldest youth swim team in Santa Monica (Team Santa Monica). Joe volunteered to serve on the board and was selected vice-president. Often when people serve on boards, they offer opinions a few hours a month. Joe offered sweat and real help. No job or task was beneath him; breaking down tents at events, loading ice into coolers, and sitting through numerous committee meetings for special projects. He also helped our board navigate legal issues that periodically arose with ease. I have no doubt that if selected Joe will serve just as tirelessly in this role.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,

David Kelsheimer
Team USA Olympic Coach
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Packet Pg. 401 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Edward McQueeney <[email protected]>
Sent: Sunday, November 13, 2022 3:09 PM
To: councilmtgitems
Subject: Joe Pertel

EXTERNAL
Please appoint Joe to the Airport Commission! He is a fair and honest choice who represents the views of residents well.

Sent from the all new AOL app for iOS
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Packet Pg. 402 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Jimbeamer <[email protected]>
Sent: Sunday, November 13, 2022 3:02 PM
To: councilmtgitems
Subject: 16A-Joe Pertel

EXTERNAL
Hi
We would like to see Joe Pertel assigned to the the SMO Airport Commission.

As a resident living near the airport we like Joe and his ideas regarding the future of the airport.

Thank You
Jim
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Packet Pg. 403 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Jonathan Stein <[email protected]>
Sent: Sunday, November 13, 2022 2:52 PM
To: councilmtgitems
Subject: Joe Pertel

EXTERNAL
City Councilpersons,
Joe Pertel should be appointed to the SMAC to close the Airport.

Jonathan Stein
Law Offices of Jonathan Stein, PC
2520 Murrell Road
Santa Barbara, CA 93109
310-968-4455
[email protected]
www.jsteinlaw.com
[This message may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error, and then immediately delete this message. Thank you.] Item 16.A
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Packet Pg. 404 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Sejon Ding <[email protected]>
Sent: Sunday, November 13, 2022 2:44 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Please appoint Sunset Park resident and attorney to the Airport Commission.

Best regards,

Sejon Ding
Pristine Windows, Inc
Tel: 310-446-8180
www.pristinewindows.com
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Packet Pg. 405 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: David Kaplan <[email protected]>
Sent: Sunday, November 13, 2022 3:41 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment - Joe Pertel

EXTERNAL
Please support Joe Pertel for the Airport Commission. He is a longstanding Sunset Park resident and thoughtful participant in community issues.
thanks,
David Kaplan
2419 Pier Avenue
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Packet Pg. 406 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: William Fordes <[email protected]>
Sent: Sunday, November 13, 2022 3:40 PM
To: councilmtgitems
Subject: Item 16(A) Airport Commission

EXTERNAL
Dear Members of the City Council
As a thirty year resident of Santa Monica, and one of the original supporters of the Proposition that prevailed so spectacularly in the Airport to Park process, I lend my support to Joe Pertel for appointment to the Airport Commission.

The overwhelming majority of the voters who participated in the proposition elections supported CLOSURE of the airport and construction of a park. That OVERWHELMING majority did not consist of air plane pilots and others personally, financially interested in continued operation of the airport. Rather, the support was from people tired of the noise, the danger, the pollution and the unnecessary associated health risks. The support, that is, was from people who wanted the airport closed forever. Now, however, there are pilots and airport cronies sitting on the Commission. That is why Joe Pertel should be appointed. He is a member of the community who supports closure, is not personally motivated by financial considerations to keep the airport from closing, and as such is representative of the huge majority that voted to close the airport.

Please appoint Mr Pertel to the open seat on the airport commission Sincerely,
Bill Fordes
2308 27th St
SM CA 90405
“Nobody knows anybody…not that well….”
— Miller’s Crossing
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Packet Pg. 407 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Alan Kerner <[email protected]>
Sent: Sunday, November 13, 2022 3:38 PM
To: councilmtgitems
Subject: Airport Commission

EXTERNAL
Please appoint Joe Pertel to the airport commission. He is committed to following the City Counsel and residents of Santa Monica wishes regarding the future of the airport.

Sincerely,
Alan Kerner
1761 Sunset Ave
Santa Monica CA 9040
Sent from my iPad
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Packet Pg. 408 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: V N Davich <[email protected]>
Sent: Sunday, November 13, 2022 3:33 PM
To: councilmtgitems
Subject: Nomination for Airport Commission: Joe Pertel

EXTERNAL
As a former boardmember of SMPL, I am nominating Joe Pertel for appointment to the Airport Commission.

Joe is an attorney and Sunset Park resident who is willing to step in and help guide the city towards the closure of SMO, protect impacted residents, and insure safe operation of the airport and upcoming matters.
thank you for your consideration
Victor Davich
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Packet Pg. 409 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Allison <[email protected]>
Sent: Sunday, November 13, 2022 4:08 PM
To: councilmtgitems
Subject: I endorse Joe Pertel

EXTERNAL
Hello-
As a resident of Sunset Park, (2211 Pier Avenue), my husband and I both support Joe Pertel for the vacant Airport Commission seat. Thank you! Allison Greene
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Packet Pg. 410 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Ellen Hannan <[email protected]>
Sent: Sunday, November 13, 2022 3:57 PM
To: councilmtgitems
Subject: Joe Pertel for airport commission

EXTERNAL
I attended the community meetings for the airport vision. These were held before the Airport to Park plans and ballot issue.

I strongly support a city resident to be placed on the commission.

Please consider Joe Pertel.

Ellen Hannan
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Packet Pg. 411 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Will Guston <[email protected]>
Sent: Sunday, November 13, 2022 3:50 PM
To: councilmtgitems
Subject: Item 16/A Airport

EXTERNAL
Dear Santa Monica City Council Members,
It is my recommendation that you appoint Joe Pertel to the Airport Commission. Joe Lives in Sunset Park and cares deeply about this beautiful area of Santa Monica and the impact that SMO has on the neighborhood and All of Santa Monica and the surrounding area.

He is prepared to help create a wonderful future for the airport as it closes and transitions to a great park that will Enhance the quality of life of many people.

Place Joe Pertel on the Airport Commission.

Respectfully
Will Guston
Sent from my iPhone
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Packet Pg. 412 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Elin Katz <[email protected]>
Sent: Sunday, November 13, 2022 3:46 PM
To: councilmtgitems
Subject: Item 16A/ Airport Commission

EXTERNAL
I urge you to appoint Joe Pertel to the airport commission. He lives in the area affected by the airport and will help enforce the will of the residents who passed measure LC.

Thank you,
Elin Katz
3017 Dahlgren Ave, Los Angeles, CA 90066
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Packet Pg. 413 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Airport2Park <[email protected]>
Sent: Sunday, November 13, 2022 4:11 PM
To: councilmtgitems
Cc: Sue Himmelrich; Lana Negrete; Gleam Davis; Phil Brock; Kristin McCowan; Oscar de la Torre; Christine Parra
Subject: Airport Commission Appointment - Please appoint Joe Pertel

EXTERNAL
Councilmembers,
The Santa Monica Airport 2 Park Foundation supports the appointment of Joseph Pertel to fill the current Airport Commission vacancy.

Mr. Pertel’s vision of the future of the Airport property aligns with that of the Santa Monica Airport 2 Park Foundation—a Great Park for the enjoyment of ALL.

Santa Monica residents passed Measure LC with a 60% majority affirming their desire for the Airport land to be transformed into park space and recreational uses.

Mr. Pertel is a longtime Santa Monica resident who understands the needs of the residents of Santa Monica. He has raised a family in Santa Monica during which time he was involved in youth sports, Santa Monica Music programs, and community service.

As the son of a Navy pilot, Mr Pertel grew up surrounded by aviation and has a “deep appreciation and respect for military and civil aviation.”
As a practicing attorney, his law expertise will be a valuable asset analyzing and understanding the complexities of aviation regulations, the consent decree, and other legal issues that may arise as the City moves toward closure of SMO.

Appointing Joseph Pertel to the Airport Commission would be another step towards the realization of a much needed great urban park in the Santa Monica.

Santa Monica Airport 2 Park Board
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Packet Pg. 414 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Robert Brown <[email protected]>
Sent: Sunday, November 13, 2022 4:40 PM
To: councilmtgitems
Subject: Santa Monica City Council - Item 16(A) - Airport Commission Appointment

EXTERNAL
Dear Council,
I am writing to strongly endorse JOE PERTEL to fill the vacant seat on the Santa Monica Airport Commission.

In 2014, I worked hard to pass MEASURE LC and defeat Measure D. In walking street after street I listened to the residents’ concerns about the effects of noise, pollution, particulate contamination and lead poisoning on them and their families. Thankfully our efforts paid off and MEASURE LC passed overwhelmingly while the well-funded Measure D went down in flames. The city is excited for December of 2028 and the closure of SMO. It can’t come soon enough! Joe Pertel has come along at the right moment. His wisdom, intelligence, diligence and patience will be huge assets to both the Airport Commission and to the Council as we move closer to 2028. I have known Joe for many years as our girls have been friends since middle school at JAMS. And our paths probably crossed years ago at Yale as we both sang in a cappella singing groups. What I know is that Joe is a fair listener, a curious questioner and a pro-active thinker. His analytic voice and his legal expertise will only enhance the work of the Commission.

I URGE YOU to vote YES on Joe Pertel’s appointment to the Airport Commission.

Sincerely,
Robert Brown
E: [email protected]
M: 310.795.5353
2401 Pier Avenue
SAnta Monica, CA 90405
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Packet Pg. 415 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Stephen Unger <[email protected]>
Sent: Sunday, November 13, 2022 4:38 PM
To: councilmtgitems
Subject: Please appoint Joe Pertel to the SM Airport Commission!

EXTERNAL
Dear Council Members,
Please appoint Joe Pertel to the SM Airport Commission! I know something about selecting great leadership ( see https://en.wikipedia.org/wiki/Stephen_A._Unger ) Joe is a great choice for this key position.

Thank you, good luck and kind rgds,
Stephen A. Unger
Long Time Homeowner and Taxpayer
Sea Colony 1
Santa Monica, CA
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Packet Pg. 416 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Louis Ssutu <[email protected]>
Sent: Sunday, November 13, 2022 4:36 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Dear Council Members,
I respectfully endorse Joe Pertel to fill the vacant seat on the Commission.

Thank you.

Sincere regards,
Lou Ssutu
Resident of Ocean Park
Sent from my iPhone
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Packet Pg. 417 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Ann Garneau <[email protected]>
Sent: Sunday, November 13, 2022 4:32 PM
To: councilmtgitems
Subject: Endorsing Joe Pertel

EXTERNAL
It would be so exciting to see the dreams and plans for the SM airport made real. It is a sadly empty space and deserves better use than for a few wealthy plane owners. Cheers to Joe who is ready to move the good ideas forward. Ann Garneau
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Packet Pg. 418 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: [email protected]
Sent: Sunday, November 13, 2022 5:03 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
I Chutney Li support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Chutney Li
Sunset Park resident
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Packet Pg. 419 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Lisa Sandbank <[email protected]>
Sent: Sunday, November 13, 2022 4:54 PM
To: councilmtgitems
Subject: 16A Airport Commission

EXTERNAL
Dear Council members,
As a Sunset Park resident and an advocate for the health and safety of Santa Monica, its visitors and neighbors, I wish to endorse Joe Pertel for a seat on the Airport Commission because of his commitment to improve quality of life for airport neighbors and for Santa Monica residents by helping us return the land to a more sustainable and enjoyable space that was once Clover Field.

Thank you
Lisa Sandbank
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Packet Pg. 420 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: deeonn la <[email protected]>
Sent: Sunday, November 13, 2022 4:53 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
Dear City Council Members,
I am writing to express my strong support of long-time Sunset Park resident, Joe Pertel, for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community would make him a wonderful candidate. Please appoint him to the Commission.

Thanks,
DeAnne Ozaki, Santa Monica Resident
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Packet Pg. 421 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Jckoury <[email protected]>
Sent: Sunday, November 13, 2022 4:50 PM
To: councilmtgitems
Subject: Joseph Pertel's application for the Airport Commission ...

EXTERNAL
Dear Council-members:

I am a resident of the Pico-Ocean Park community as well as a local business owner. My family and I have been residents since 1996.

I am writing to offer my support for Joe Pertel's appointment to the Airport Commission. Mr. Pertel worked for me at the Los Angeles Public Defender's Office in 1998 and since then he and I have worked together professionally and been neighbors while our children attended the Santa Monica schools.

Mr. Pertel is hard working, conscientious and dedicated to improving our community. In our discussions about the future of the airport, he has repeatedly expressed his desire, consistent with so many people in our community, to mitigating the harmful impact the airport has on our residents and ultimately shutting down the operations of the airport and re-purposing that property as park space.

Mr. Pertel has no personal interest in the appointment except to see the end of the negative health and safety impacts the airport has on Santa Monica residents.

Thank you for your consideration.

Joel Koury
LAW OFFICES OF JOEL C. KOURY
3435 Ocean Park Blvd, Suite 107-50
Santa Monica, CA 90405
Office: 424-248-8670
Cell: 310-560-2001
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Packet Pg. 422 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Betsy Katz <[email protected]>
Sent: Sunday, November 13, 2022 5:05 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Dear Members of the Santa Monica City Council,
I am writing to ask that you appoint Joe Pertel to the empty seat on the Airport Commission. Joe is a Santa Monica resident who shares my vision of the future of SMO. I look forward to the closure of SMO and the great space that can then be used for all Santa Monica residents to enjoy - park land and a recreational center.

In the meantime, Joe will help to insure safe operation of SMO - a great concern to this resident who lives under the flight path and worries about the toxic air pollution created by the use of avgas and the old leaky gas tanks that sit over our aquifer.

Thank you for your consideration.

Sincerely,
Betsy Katz
310-415-0130
.

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Packet Pg. 423 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Stephen Li <[email protected]>
Sent: Sunday, November 13, 2022 5:03 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment.

EXTERNAL

I Stephen Li support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Stephen Li
Sunset Park Resident

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Packet Pg. 424 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Cris Armstrong <[email protected]>
Sent: Sunday, November 13, 2022 5:33 PM
To: councilmtgitems
Subject: Airport commission

EXTERNAL
Appoint Joe Pertel to the Airport Commission.

Joe is an attorney and Sunset Park resident who is willing to step in and help guide the city towards the closure of SMO, protect impacted residents, and insure safe operation in the meantime.

A resolution to close SMO was made by the City Council in 2017, and most importantly residents voted citywide and passed measure LC in 2014 to turn the land into a park, cultural, and recreational center as residents intended way back in 1926 when the land was purchased by a park bond.

The airport is likely the most underutilized piece of property in Santa Monica. It is time to start converting empty land no longer needed for the dwindling airport into uses residents can enjoy including sports fields and courts, walking paths, and more. This can be done in affordable steps as other cities in the USA and abroad have accomplished upon closing their airports with great success.

As an official body of residents, it is important to see that the Airport Commission is made of residents who share a vision of the future that lives up to the expectations of the community, and not developers and aviation interests.

Cris Armstrong
2016 Ashland Ave
Santa Monica, Ca 90405
Get Outlook for iOS
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Packet Pg. 425 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: John Smith <[email protected]>
Sent: Sunday, November 13, 2022 5:23 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission - Joe Pertel

EXTERNAL
Dear Councilmembers,
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
John Smith
Sunset Park resident
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Packet Pg. 426 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Steven Novak <[email protected]>
Sent: Sunday, November 13, 2022 6:53 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Dear SM City Council --

I have been a resident of Ocean Park since February 1990 and am in favor of closing the Santa Monica Airport in favor of less noisy activities like recreational spaces and parks.

I endorse Joe Pertel for the vacant airport commission seat.

Thank you.

Sincerely,

Steve Novak

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Packet Pg. 427 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Item 16.A
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Packet Pg. 428 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Maitra-Konell Family <[email protected]>
Sent: Sunday, November 13, 2022 6:51 PM
To: councilmtgitems
Subject: Airport Commission

EXTERNAL
Please appoint Joe Pertel to the SMO Airport Commission.

Thank you
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Packet Pg. 429 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Cyn Yamashiro <[email protected]>
Sent: Sunday, November 13, 2022 6:29 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission - Joe Pertel Application for Airport Commission Importance: High

EXTERNAL
Santa Monica City Council Members,
My name is Cyn Yamashiro and I am a resident of Sunset Park. Both my adult sisters and Mother are also residents of Sunset Park. Collectively, we are three households that will be impacted by how Santa Monica allows the airport to be developed. Given our vested interest in a thoughtful and considered process, I wholeheartedly and strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel has served on the boards of many local youth organizations and a public interest attorney with decades of experience analyzing complex legal issues. He has represented countless youth in delinquency proceedings and is well regarded in Los Angeles as a criminal defense attorney. In addition, Joe Pertel serves on the Los Angeles County Bar Association’s Independent Defender Program Executive Committee. In that capacity, Joe has repeatedly demonstrated both a commitment to a fair and just process in dealing with issues presented to the committee, but also the ability to make tough and reasoned decisions.

These are, of course, critical years for the Santa Monica Airport and Joe is dedicated to mitigating Santa Monica Airport health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Cyn Yamashiro
1302 Pearl Street
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Packet Pg. 430 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Santa Monica, CA 90405
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Packet Pg. 431 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 Vernice Hankins
From: Katharine Dreyfuss <[email protected]>
Sent: Sunday, November 13, 2022 6:18 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Dear Council members:

Please appoint Joe Pertel for the empty Airport Commission Seat.

The Airport Commission needs to consist of residents who share a vision of the future that lives up to the expectations of the community, and not developers and aviation interests.

Thank you for your consideration.

Sincerely,
Katharine Dreyfuss
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Packet Pg. 432 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 7 Vernice Hankins
From: Yolanda Lewis <[email protected]>
Sent: Sunday, November 13, 2022 6:02 PM
To: councilmtgitems
Subject: Application for the Airport Commission

EXTERNAL
Dear Santa Monica City Council members,
As a Sunset Park resident, I enthusiastically support Joe Pertel's appointment to the Airport Commission. In Santa Monica schools and politics, Mr. Pertel has been active in several community programs.

His level-headedness, great communication skills, and dedication to the betterment of Santa Monica make him an excellent candidate for the position. Consistent with the wishes of so many in our community, he has expressed his desire to mitigate the harm caused by the airport to our residents and ultimately shut down operations so that the property can be repurposed as a park.

Besides ending the negative health and safety impacts the airport has on Santa Monica residents, Mr.

Pertel has no personal interest in the appointment.

Thank you for your consideration.

Yolanda Lewis
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Packet Pg. 433 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Douglas Family Gmail <[email protected]>
Sent: Sunday, November 13, 2022 7:23 PM
To: councilmtgitems
Subject: SM Airport Commission

EXTERNAL
To The Honorable City Council,
Joe Pertel would make a great airport commissioner. Joe is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a fellow Sunset Park resident, with a child in Samohi, I trust Joe to keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

I have known him for nearly three decades and emphatically support Joe Pertel for the SM Airport Commission.

Hyun Im
1828 Pearl
310.804.4973
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Packet Pg. 434 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Sheila Forsander <[email protected]>
Sent: Sunday, November 13, 2022 7:03 PM
To: councilmtgitems
Subject: Strong support for Joe Pertel for SM Airport Commision

EXTERNAL
I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Sheila Forsander
3000 block of 17th Street
Santa Monica 90405
Sunset Park neighborhood
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Packet Pg. 435 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Matt Hendrickson <[email protected]>
Sent: Sunday, November 13, 2022 6:55 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Please appoint Joe Pertel to the Airport Commission.

Joe is an attorney and Sunset Park resident who is willing to step in and help guide the city towards the closure of SMO, protect impacted residents, and insure safe operation in the meantime.

The airport is likely the most underutilized piece of property in Santa Monica. It is time to start converting empty land no longer needed for the dwindling airport into uses residents can enjoy including sports fields and courts, walking paths, and more. This can be done in affordable steps as other cities in the USA and abroad have accomplished upon closing their airports with great success.

As an official body of residents, it is important to see that the Airport Commission is made of residents who share a vision of the future that lives up to the expectations of the community, and not developers and aviation interests.

Thank you!
Matt Hendrickson
2258 22nd St.

Santa Monica, 90405
Sent from my iPhone
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Packet Pg. 436 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: [email protected]
Sent: Sunday, November 13, 2022 6:54 PM
To: councilmtgitems
Subject: Joe Pertel for Airport Commissioner

EXTERNAL
Dearest Santa Monica City Council,
I hope you and your family are safe, healthy, and happy as we enter the holiday season.

I can't emphasize enough the need for the City Council to support long-time Sunset Park resident, Joe Pertel, for airport commissioner.

He is a long-time Sunset Park resident living on the west side of Santa Monica Airport (SMO) and served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues, which is something that might be necessary as the closure of SMO in the future is likely to lead to complex issues of concern

As a representative of our neighborhood I feel confident that Joe will keep our community interests in mind during these next critical years for the SMO. Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

It will be a huge gift to have someone like Joe seeking to support the local community, work with the city council, and support the future of Santa Monica and its residents.

Warm Regards,

Charles
Dr. Charles L. Blum
[email protected]
1752 Ocean Park Boulevard
Santa Monica, CA 90405
310-392-9795
www.drcharlesblum.com
CONFIDENTIALITY NOTICE: This E-Mail communication (including attachments) is covered by the Electronic Communications Privacy Act 18, U.S.C 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender that you have received this message in error, and then delete it. Thank You.

Ferpa Notice: Additionally, these records are protected by the Family Educational Rights and Privacy Act and are provided to the intended recipient under an exception to the Act found in Section 99.32.

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Packet Pg. 437 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 These records must be maintained confidentially and may not be re-disclosed. They must be destroyed when your legitimate educational interest no longer exists.

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Packet Pg. 438 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Grace Gabe <[email protected]>
Sent: Sunday, November 13, 2022 9:40 PM
To: councilmtgitems
Subject: i support Joe Pertel

EXTERNAL
dear council
as a long time resident and homeowner in santa monica i support Joe Pertel to fill the empty airport commission seat. we have an opportunity to use
that large area for parks and community programs. in that way we can improve the lives and health of many residents and avoid the land grab of the real estate investors to build luxury apartments and shopping malls. we need breathing space in santa monica, not more crowding and traffic. thank you
grace gabe, m.d.

Sent from my iPhone
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Packet Pg. 439 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Julie Ginsberg <[email protected]>
Sent: Sunday, November 13, 2022 9:24 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I Julie Ginsberg, support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Julie Ginsberg
1128 19th St
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Packet Pg. 440 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Natalie Atun Greenberg <[email protected]> Sent: Sunday, November 13, 2022 9:08 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
I am emailing to show my support for long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Natalie Greenberg
Resident, Pier Avenue in Santa Monica (Sunset Park)
Natalie A. Greenberg
917.686.9321
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Packet Pg. 441 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: JOHN VENTURA <[email protected]>
Sent: Sunday, November 13, 2022 8:06 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Dear City Council,
As a member of the community, and a resident of Sunset Park area for the last 15yrs, I would like to endorse the appointment of Joe Pertel for the empty Airport Commission seat.

Thank You,
John Ventura
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Packet Pg. 442 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Jeffrey Douglas <[email protected]>
Sent: Sunday, November 13, 2022 7:33 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission - Joe Pertel

EXTERNAL
I am a long-time resident of Sunset Park, Santa Monica. My son attended Will Rogers Learning Community, John Adams Middle School, and is now a Freshman at Santa Monica High School.

I have been active in the PTA, PTSA and participate actively in the parent support groups for a variety of student activities. I am a small business owner in Santa Monica and a daily user of Clover Park.

I have known Joe Pertel for over twenty years. I write to endorse him enthusiastically for a position on the Santa Monica Airport Commission. Joe is a talented, dedicated lawyer, respected within the legal community as a public interest attorney with decades of experience analyzing complex legal issues.

He is a long-term resident of Sunset Park and a committed community member. He has served as a director on the boards of many youth organizations. He is an excellent listener and communicator. The community trusts him.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport. Joe is dedicated to mitigating Airport health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Jeffrey J. Douglas
Pearl Street
Santa Monica, CA 90405
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Packet Pg. 443 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Ose Dalldorf <[email protected]>
Sent: Monday, November 14, 2022 1:13 AM
To: councilmtgitems
Subject: Item 16 A/ Airport Commission

EXTERNAL
To whom it may concern
I am endorsing Joe Pertel for the empty Airport Commission seat.

Thank you,
Your longtime resident of Santa Monica
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Packet Pg. 444 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: D F <[email protected]>
Sent: Sunday, November 13, 2022 11:47 PM
To: councilmtgitems
Subject: 16A Airport commissioner

EXTERNAL
I would be pleased if some progress closing SM Airport would be made. Hopefully by supporting Joe Pertel for commissioner will help.

Thank you,
Dee Forrest
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Packet Pg. 445 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: G- LO <[email protected]>
Sent: Sunday, November 13, 2022 11:24 PM
To: councilmtgitems
Subject: Empty Airport Commission seat

EXTERNAL
Please appoint Joe Pertel to the empty Airport Commission seat. We in Sunset Park believe Joe Pertel can best represent our interests, and those of the majority of Santa Monica residents. He is qualified and understands all the issues and the history. I heartily endorse Mr. Pertel and hope you will not delay in appointing him to the seat.

Thank you for your time.
best,
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Packet Pg. 446 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: David Abramis <[email protected]>
Sent: Sunday, November 13, 2022 10:44 PM
To: councilmtgitems
Cc: Iris Souza
Subject: Item 16A/Airport Commission

EXTERNAL
To Whom It May Concern:

I am writing mainly to endorse Joe Pertel for the empty Airport Commission seat. We need an Airport Commision that is comprised of residents who share a vision of the future and that lives up to the expectations of our community, and not just developers and aviation interests.

I thank you for your attention to this matter.

Sincerely,
David Abramis, Santa Monica resident and home owner
2642 33rd St.

Santa Monica, CA 90405
(562) 985-5360 (work #)
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Packet Pg. 447 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: T GROSSMAN <[email protected]>
Sent: Sunday, November 13, 2022 10:27 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission -Pls Support Joe Pertel for Airport Commission

EXTERNAL
Writing in support of Joe Pertel for airport commission Thank you,
Tina Grossman
Sunset Park resident
310.392.6455
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Packet Pg. 448 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission and believe he would be an invaluable and tireless public representative and conscientious leader.

I have known Joe and his family for many years and am confident he would make a fantastic airport commissioner. He has actively served on numerous local youth sports and music organization boards. He is also a public interest attorney with decades of experience analyzing complex legal issues.

Joe has consistently demonstrated his teamwork, leadership and vision as a community advocate. Joe is an active listener and consensus builder with the experience and disposition to assess and synthesize the many competing viewpoints necessary for the airport transition.

As a representative of the Santa Monica public, Joe will keep our interests in mind during these next critical years of the impending airport transition. Joe is conscientious and dedicated to mitigating SMO health impacts, promoting sustainable land uses such as expansion of the Airport Park, and actively supporting City Council in preparation for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,

Bruce Malarky
Maple Street, Santa Monica
310-383-0924
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Packet Pg. 449 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: George T. Milkovich <[email protected]>
Sent: Monday, November 14, 2022 9:05 AM
To: councilmtgitems
Subject: Pls appoint Mr. JOE PERTEL TO AIRPORT COMMISSION

EXTERNAL
We are writing to urge you to appoint Mr. PERTEL to the vacancy on the Airport Commission. We believe that Mr PERTEL work to insure that the property now used as an airport will be converted to be enjoyed by ALL the people .

As residents of Santa Monica for over 20 years, we believe that Mr. PERTEL will follow the Resolution passed by the City Council in 2017 and the measure LC passed by the Santa Monica voters in 2014.

Thank you for your attention to this matter.

George and Carolyn MILKOVICH 310 569 2139
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Packet Pg. 450 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Janie Docter <[email protected]>
Sent: Monday, November 14, 2022 8:54 AM
To: councilmtgitems
Subject: SM Airport Commission Appointment

EXTERNAL
I strongly support my friend and long-time Sunset Park resident, Joe Pertel, for the airport commission. We served as board members on Elemental Strings for many years which provides ensemble experience to young musicians in Santa Monica and surrounding cities. We were also very involved with youth sports programs especially when I was a board member of SM AYSO.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Janie Docter
Sunset Park Resident

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Packet Pg. 451 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Cheyton Jain <[email protected]>
Sent: Monday, November 14, 2022 8:43 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission - Joe Pertel for the airport commission

EXTERNAL
Hello!
For what it's worth, I want to support Joe Pertel for airport commissioner.

He's been a long-time resident of Sunset Park and an already active member of our community.

Considering the recent decision to close the airport, it would make sense to appoint someone in the post who wants to see that decision through, whereas the other candidates have publicly expressed their interest in keeping the airport open. I truly believe he would keep the community's interests at the top of his mind.

Sincerely,
Cheyton J.

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Packet Pg. 452 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Jennifer Polhemus <[email protected]>
Sent: Monday, November 14, 2022 8:38 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment.

EXTERNAL
I support the application of Joe Pertel.

I met Joe through nonprofit arts volunteer work more than 10 years ago. He is a man of high character and strong intellect, and a hard worker – exactly the type of person we prize on City Commissions.

Jennifer L. Polhemus
40-year Santa Monica resident; Santa Monica business owner 2521 32nd Street, Santa Monica, CA 90405-3102
[email protected]
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Packet Pg. 453 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Toby Berlin <[email protected]>
Sent: Monday, November 14, 2022 8:33 AM
To: councilmtgitems
Subject: 16 A - Airport Commision

EXTERNAL
Dear Council:

I strongly support long-time Sunset
Park resident, Joe Pertel, for the airport
commission.

Joe Pertel would make a great airport
commissioner. He is a long-time
Sunset Park resident who has served
on the boards of many local youth
organizations. He is also a public
interest attorney with decades of
experience analyzing complex legal
issues.

As a representative of our
neighborhood, Joe will keep our
community interests in mind during
these next critical years for the Santa
Monica Airport (SMO). Joe is
dedicated to mitigating SMO health
impacts, promoting sustainable uses
such as the expansion of Airport Park,
and actively supporting the
Commission and City Council in
preparing for the successful closure of
the airport and its conversion to a park
in 2029.

Sincerely,
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Packet Pg. 454 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 Toby Berlin
1701 Pier Avenue
UNIT B (note new address!)
Santa Monica, CA 90405
310-200-9306
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Packet Pg. 455 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Kenny Fields <[email protected]>
Sent: Monday, November 14, 2022 9:35 AM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Hello,
I am a Sunset Park home owner since 1992.

I am writing today to express my support for Joe Pertel to occupy the vacant seat on the Airport Commission. Joe will represent the citizens of Sunset Park well as we move toward the eventual closure of the airport.

Joe will help make sure that the commission represents the will of the residents expressed so strongly with the passage of measure LC to close the airport and turn it into a multi use park which will benefit the entire City that is need of more open space and recreational facilities.

Thanks for your time.

Kenny Fields
1740 Cedar Street
Santa Monica, CA 90405
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Packet Pg. 456 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission and believe he would be an invaluable and tireless public representative and conscientious leader.

I have known Joe and his family for many years and am confident he would make a fantastic airport commissioner. He has actively served on numerous local youth sports and music organization boards. He is also a public interest attorney with decades of experience analyzing complex legal issues.

Joe has consistently demonstrated his teamwork, leadership and vision as a community advocate. Joe is an active listener and consensus builder with the experience and disposition to assess and synthesize the many competing viewpoints necessary for the airport transition.

As a representative of the Santa Monica public, Joe will keep our interests in mind during these next critical years of the impending airport transition. Joe is conscientious and dedicated to mitigating SMO health impacts, promoting sustainable land uses such as expansion of the Airport Park, and actively supporting City Council in preparation for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,

Bruce Malarky
Maple Street, Santa Monica
310-383-0924
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Packet Pg. 457 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: George T. Milkovich <[email protected]>
Sent: Monday, November 14, 2022 9:05 AM
To: councilmtgitems
Subject: Pls appoint Mr. JOE PERTEL TO AIRPORT COMMISSION

EXTERNAL
We are writing to urge you to appoint Mr. PERTEL to the vacancy on the Airport Commission. We believe that Mr PERTEL work to insure that the property now used as an airport will be converted to be enjoyed by ALL the people .

As residents of Santa Monica for over 20 years, we believe that Mr. PERTEL will follow the Resolution passed by the City Council in 2017 and the measure LC passed by the Santa Monica voters in 2014.

Thank you for your attention to this matter.

George and Carolyn MILKOVICH 310 569 2139
Item 16.A
11/15/22
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11/15/22

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Packet Pg. 458 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Janie Docter <[email protected]>
Sent: Monday, November 14, 2022 8:54 AM
To: councilmtgitems
Subject: SM Airport Commission Appointment

EXTERNAL
I strongly support my friend and long-time Sunset Park resident, Joe Pertel, for the airport commission. We served as board members on Elemental Strings for many years which provides ensemble experience to young musicians in Santa Monica and surrounding cities. We were also very involved with youth sports programs especially when I was a board member of SM AYSO.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Janie Docter
Sunset Park Resident

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Packet Pg. 459 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Cheyton Jain <[email protected]>
Sent: Monday, November 14, 2022 8:43 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission - Joe Pertel for the airport commission

EXTERNAL
Hello!
For what it's worth, I want to support Joe Pertel for airport commissioner.

He's been a long-time resident of Sunset Park and an already active member of our community.

Considering the recent decision to close the airport, it would make sense to appoint someone in the post who wants to see that decision through, whereas the other candidates have publicly expressed their interest in keeping the airport open. I truly believe he would keep the community's interests at the top of his mind.

Sincerely,
Cheyton J.

Item 16.A
11/15/22
112 of 169 Item 16.A
11/15/22

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Packet Pg. 460 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Jennifer Polhemus <[email protected]>
Sent: Monday, November 14, 2022 8:38 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment.

EXTERNAL
I support the application of Joe Pertel.

I met Joe through nonprofit arts volunteer work more than 10 years ago. He is a man of high character and strong intellect, and a hard worker – exactly the type of person we prize on City Commissions.

Jennifer L. Polhemus
40-year Santa Monica resident; Santa Monica business owner 2521 32nd Street, Santa Monica, CA 90405-3102
[email protected]
Item 16.A
11/15/22
113 of 169 Item 16.A
11/15/22

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Packet Pg. 461 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Toby Berlin <[email protected]>
Sent: Monday, November 14, 2022 8:33 AM
To: councilmtgitems
Subject: 16 A - Airport Commision

EXTERNAL
Dear Council:

I strongly support long-time Sunset
Park resident, Joe Pertel, for the airport
commission.

Joe Pertel would make a great airport
commissioner. He is a long-time
Sunset Park resident who has served
on the boards of many local youth
organizations. He is also a public
interest attorney with decades of
experience analyzing complex legal
issues.

As a representative of our
neighborhood, Joe will keep our
community interests in mind during
these next critical years for the Santa
Monica Airport (SMO). Joe is
dedicated to mitigating SMO health
impacts, promoting sustainable uses
such as the expansion of Airport Park,
and actively supporting the
Commission and City Council in
preparing for the successful closure of
the airport and its conversion to a park
in 2029.

Sincerely,
Item 16.A
11/15/22
114 of 169 Item 16.A
11/15/22

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Packet Pg. 462 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 Toby Berlin
1701 Pier Avenue
UNIT B (note new address!)
Santa Monica, CA 90405
310-200-9306
Item 16.A
11/15/22
115 of 169 Item 16.A
11/15/22

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Packet Pg. 463 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Kenny Fields <[email protected]>
Sent: Monday, November 14, 2022 9:35 AM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Hello,
I am a Sunset Park home owner since 1992.

I am writing today to express my support for Joe Pertel to occupy the vacant seat on the Airport Commission. Joe will represent the citizens of Sunset Park well as we move toward the eventual closure of the airport.

Joe will help make sure that the commission represents the will of the residents expressed so strongly with the passage of measure LC to close the airport and turn it into a multi use park which will benefit the entire City that is need of more open space and recreational facilities.

Thanks for your time.

Kenny Fields
1740 Cedar Street
Santa Monica, CA 90405
Item 16.A
11/15/22
116 of 169 Item 16.A
11/15/22

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Packet Pg. 464 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Marion Klein <[email protected]>
Sent: Monday, November 14, 2022 10:13 AM
To: councilmtgitems
Subject: Support Joe Pertel for Airport Commissioner

EXTERNAL
Please support him!
I truly appreciate this.

Gratefully
Marion Klein
Sent from my iPhone
Item 16.A
11/15/22
117 of 169 Item 16.A
11/15/22

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Packet Pg. 465 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Jasmine Smith <[email protected]>
Sent: Monday, November 14, 2022 10:06 AM
To: councilmtgitems
Subject: Letter of support

EXTERNAL
I wholeheartedly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Jasmine Smith
Sunset Park
--
Jasmine Smith
(310) 804-4794
[email protected]
Item 16.A
11/15/22
118 of 169 Item 16.A
11/15/22

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Packet Pg. 466 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: [email protected]
Sent: Monday, November 14, 2022 10:02 AM
To: councilmtgitems
Subject: Airport Commission - Joe Pertel

EXTERNAL
Dear Council Members,
I am writing to urge you to appoint Joe Pertel to the Airport Commission. He is a resident of Sunset Park. Is involved with the community and is familiar with community issues and the sentiment of local residents, and is qualified to serve. He does not have special interests, as some of the other candidates do, except for representing the needs of the neighborhood and residents.

Thank you,
Ofer Grossman
1115 Hill Street
Santa Monica, CA 90405
Item 16.A
11/15/22
119 of 169 Item 16.A
11/15/22

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Packet Pg. 467 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: A. Harewood <[email protected]>
Sent: Monday, November 14, 2022 9:55 AM
To: councilmtgitems
Subject: SM Airport Commission Appointment: 11/15/22 SM City Council Item 16(A) Attachments: Airport Commission Application - Joe Pertel.pdf Importance: High

EXTERNAL
Santa Monica City Council:

Per his attached resume, and as myself a long-time (8 as a renter, 31 as a homeowner) and current resident of Sunset Park, I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate.

Please appoint him.

Sincerely,
Adrian Harewood
2437 Pier Avenue, Sunset Park
Item 16.A
11/15/22
120 of 169 Item 16.A
11/15/22

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Packet Pg. 468 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Stephen Cooper <[email protected]>
Sent: Monday, November 14, 2022 9:52 AM
To: councilmtgitems
Subject: Joe Pertel endorsement

EXTERNAL
To whom it may concern:

I have known Joe Pertel for about 15 years and unquestionably support him for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Stephen W. Cooper
2410 Ocean Park Boulevard
Item 16.A
11/15/22
121 of 169 Item 16.A
11/15/22

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Packet Pg. 469 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: JORDAN ELLIS <[email protected]>
Sent: Monday, November 14, 2022 11:00 AM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Hello,
I am a resident of Santa Monica and strongly endorse Joe Pertel for the empty Airport Commission seat.

Thanks,
Jordan Ellis
Bryn Mawr Ave
310-779-2771
Item 16.A
11/15/22
122 of 169 Item 16.A
11/15/22

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Packet Pg. 470 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Traci Wallace <[email protected]>
Sent: Monday, November 14, 2022 10:57 AM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Dear Members of the Council,
I am asking you to please appoint Joe Pertel to the Airport Commission. I realize that there is an empty seat on the Commission and it is important to me as a Santa Monica resident to see that the Airport Commission is made of other residents who share a vision of the future that lives up to the expectations of our community, and not developers and aviation interests.

We voted citywide and passed measure LC in 2014 and communicated that we would like the airport land turned into a park, cultural, and recreational center, as residents intended way back in 1926 when the land was purchased by a park bond.

Please allow Santa Monica residents to be represented on the Airport Commission and appoint Joe Pertel to the vacant seat.

Thank you,
Traci Wallace, Ph.D.
1731 Dewey Street
310-351-7555
Item 16.A
11/15/22
123 of 169 Item 16.A
11/15/22

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Packet Pg. 471 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Jamie Dunham <[email protected]>
Sent: Monday, November 14, 2022 10:54 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Thank you, Jamie Dunham
Pier Avenue resident
Sent from Yahoo Mail on Android
Item 16.A
11/15/22
124 of 169 Item 16.A
11/15/22

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Packet Pg. 472 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 Vernice Hankins
From: Docter, Daniel <[email protected]>
Sent: Monday, November 14, 2022 10:54 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment

EXTERNAL
To Santa Monica City Council:

I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Daniel Docter
1625 Dewey Street
Santa Monica, CA 90405
Internal Use - Confidential
Item 16.A
11/15/22
125 of 169 Item 16.A
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Packet Pg. 473 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 Vernice Hankins
From: Jamie Ginsburg <[email protected]>
Sent: Monday, November 14, 2022 10:39 AM
To: councilmtgitems
Subject: Joe Pertel for SM Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Jamie Ginsburg
Sunset Park neighborhood
Item 16.A
11/15/22
126 of 169 Item 16.A
11/15/22

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Packet Pg. 474 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Joseph Hardin <[email protected]>
Sent: Monday, November 14, 2022 11:12 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission Appointment.

EXTERNAL
To the Santa Monica City Council Members:

Please appoint Joe Pertel to the Santa Monica Airport Commission. It will be great to have a long time Santa Monica resident and concerned parent on the commission. Joe is highly qualified and will put the health and welfare of the citizens of Santa Monica over the "big money" outside interests that have plagued our city for the 21 years I have lived here.

Thanks for your hard work,
Joe
Joseph Hardin
2349 Pier Ave
Santa Monica
CA 90405
Item 16.A
11/15/22
127 of 169 Item 16.A
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Packet Pg. 475 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Barbara Inatsugu <[email protected]>
Sent: Monday, November 14, 2022 11:01 AM
To: councilmtgitems
Subject: ITEM 16.A – Appointment to one unscheduled vacancy on the Airport Commission Attachments: PERTEL - CC ITEM 16A AIRPORT COMMISSION - LTR OF SUPPORT.pdf

EXTERNAL
NOVEMBER 14, 2022

TO: Mayor, Mayor ProTem, and Members of the Santa Monica City Council [email protected]
From: Barbara Inatsugu, Sunset Park Resident
LETTER OF SUPPORT: Appointment of Joe Pertel to the Airport Commission ITEM 16.A – Appointment to one unscheduled vacancy on the Airport Commission for a term ending on 6/30/2024

I strongly support long-time Sunset Park resident Joe Pertel for appointment to the Santa Monica Airport Commission. His legal experience, knowledge and dedication to our community, deliberative approach to decision-making, and ability to work well with others, together with his experience as an active participant in a variety of local organizations make him an ideal candidate for appointment. Furthermore, he is a public interest attorney with decades of experience analyzing complex legal issues, as described in his Airport Commission Application.

Joe is committed to insuring that the City continue to move forward on the closure of the Airport in 2028 and its conversion to park with open space and recreational facilities, as approved by a large majority of our residents in 2014. His voice as a Commissioner would be an informed and important one.

As Chair of the SMMUSD Personnel Commission, I worked regularly with Joe, who at one point was my Vice Chair, so I can attest from first hand experience to his effectiveness as a member of that Commission.

Boards and Commissions are an important part of our City’s governing structure. Santa Monica has long been committed to providing community members with a variety of opportunities to have a meaningful role in City governance. Advisory Committees are one such substantive opportunity.

Item 16.A
11/15/22
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Packet Pg. 476 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 For that reason, it is important that the City Council appoint commissioners who will take their appointment seriously, regularly attend commission meetings, and read each commission agenda and all staff reports – in other words, understand and be committed to the role and responsibilities of a City Commissioner, come to all meetings of the Commission prepared and ready to deliberate and forward advice and recommendations to the City Council that are based on what is in the best interest of the City and the community (the people) of Santa Monica.

The Airport Commission, the residents of Santa Monica, as well as the City would benefit from his appointment. Please appoint Joe Pertel to the Airport Commission.

Barbara Inatsugu (she/her/hers)
[email protected]
Item 16.A
11/15/22
129 of 169 Item 16.A
11/15/22

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Packet Pg. 477 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Hilda Borgese <[email protected]>
Sent: Monday, November 14, 2022 11:26 AM
To: councilmtgitems
Subject: Joe Pertel
Attachments: Joe Pertel.docx

EXTERNAL
Item 16.A
11/15/22
130 of 169 Item 16.A
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Packet Pg. 478 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Christine Hardin <[email protected]>
Sent: Monday, November 14, 2022 12:00 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission Send to: [email protected]

EXTERNAL
Please appoint Joe Pertel to the Airport Commission. My husband and I are Sunset Park residents.

Thank you.

Christine Hardin
Joseph Hardin
2349 Pier Avenue
Santa Monica, CA 90405
Item 16.A
11/15/22
131 of 169 Item 16.A
11/15/22

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Packet Pg. 479 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Julius Reder Carlson <[email protected]> Sent: Monday, November 14, 2022 11:46 AM
To: councilmtgitems
Subject: Supporting Joe Pertel for SMO

EXTERNAL
I strongly support long-time Sunset Park resident Joe Pertel for the Santa Monica Airport Commission. His legal experience, knowledge, and dedication to our community make him a wonderful candidate. Please appoint him.

Julius Carlson
Down town Santa Monica Neighborhood
Item 16.A
11/15/22
132 of 169 Item 16.A
11/15/22

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Packet Pg. 480 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 Vernice Hankins
From: Shabnam Fasa <[email protected]> Sent: Monday, November 14, 2022 11:43 AM
To: councilmtgitems
Subject: Support of Joe Pertel for SMO

EXTERNAL
I (wholeheartedly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. He is also a public interest attorney with decades of experience analyzing complex legal issues.

As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Shabnam Fasa
1017 4th street Santa Monica
Sent from my iPhone
Item 16.A
11/15/22
133 of 169 Item 16.A
11/15/22

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Packet Pg. 481 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Jan Simonovic <[email protected]>
Sent: Monday, November 14, 2022 12:39 PM
To: councilmtgitems
Subject: Joe Pertel

EXTERNAL
Dear Santa Monica City Council,
PLEASE, PLEASE appoint Joe Pertel to the Santa Monica Airport Commission!! We need him to help make the airport an asset for all of us.

Sincerely,
Jan Simonovic
Item 16.A
11/15/22
134 of 169 Item 16.A
11/15/22

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Packet Pg. 482 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Jennifer Field <[email protected]>
Sent: Monday, November 14, 2022 12:23 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
I’d like to endorse Joe Pertel for the empty Airport Commission seat.

Additionally, I would suggest the City keep front and center to the public all information pertaining to the airport closure/further use, and the general facts surrounding the process. Based on several recent conversations with residents, it seems the AOPA continues to assert there will be a backdoor deal with developers, we will be stranded in case of emergency, and, removing the “bubble" over SMO will result in LAX jets strafing over neighborhoods at 2,000 ft.

Thank you for your attention.

Jennifer Field
Item 16.A
11/15/22
135 of 169 Item 16.A
11/15/22

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Packet Pg. 483 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Steven Naftali <[email protected]>
Sent: Monday, November 14, 2022 2:00 PM
To: councilmtgitems
Cc: Nojets Info
Subject: Item 16A/Airport Commission

EXTERNAL
Honorable Santa Monica City Council Members:

My family and I reside on Marine St. and Steiner Ave. We respectfully ask the City Council to appoint Joe Pertel to the empty Airport Commission seat. Joe is an attorney and Sunset Park resident who like us lives under the irritating noise of the SMO aircraft and the pollution that they cause.

As an official body of residents, it is important to see that the Airport Commission is made of residents who share a vision of the future that lives up to the expectations of the community. Not those of the developers and aviation interests.

The City Council made a resolution to close the SMO in 2017. Our residents voted citywide and passed measure LC in 2014 to turn the land into a park, cultural, and recreational center. As the residents intended way back in 1926 when the city purchased the airport land by a park bond.

In its current form the airport is likely the most underutilized piece of property in Santa Monica. It is time to start to convert the empty land that the dwindling airport no longer needs into uses that the residents can enjoy. Like sports fields and courts, walking paths, and such. We can do this in affordable steps with great success. Like the other cities in the USA and abroad have accomplished after they closed their airports.

Respectfully submitted,
Steve Naftali
[email protected]
The information transmitted is intended only for the person which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please contact the sender and delete the material from any computer.

Item 16.A
11/15/22
136 of 169 Item 16.A
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Packet Pg. 484 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: jay puvvula <[email protected]>
Sent: Monday, November 14, 2022 3:21 PM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
I strongly support long-time Sunset Park resident, Joe Pertel, for the airport commission.

Joe Pertel would make a great airport commissioner. He is a long-time Sunset Park resident who has served on the boards of many local youth organizations. I've known Joe Pertel over the years as a fellow parent from elementary school to high school. He has whole heartedly contributed to our community with his active participation and generosity. He is also a public interest attorney with decades of experience analyzing complex legal issues. I know over the years that he has done a lot of pro-bono work. He is highly intelligent and pragmatic. I have a great deal of respect for him and highly recommend him
As a representative of our neighborhood, Joe will keep our community interests in mind during these next critical years for the Santa Monica Airport (SMO). Joe is dedicated to mitigating SMO health impacts, promoting sustainable uses such as the expansion of Airport Park, and actively supporting the Commission and City Council in preparing for the successful closure of the airport and its conversion to a park in 2029.

Sincerely,
Jay Puvvula MD
11th and Marine St by Marine Park.

Item 16.A
11/15/22
137 of 169 Item 16.A
11/15/22

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Packet Pg. 485 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: [email protected]
Sent: Monday, November 14, 2022 9:26 PM
To: councilmtgitems; Christine Parra; Gleam Davis; Kristin McCowan; Lana Negrete; Oscar de la Torre; Phil Brock; Sue Himmelrich; David White
Cc: [email protected]
Subject: FOSP: City Council 11/15/22 item 16-A -- Airport Commission -- Joe Pertel

EXTERNAL
November 14, 2022

To: Mayor Himmelrich and City Council members
From: Board of Directors, Friends of Sunset Park
RE: 11/15/22 agenda item 16-A – Airport Commission appointment

A majority of the FOSP Board members have voted to support the appointment of Joseph Pertel to the Airport Commission.

Joe’s dad was a Navy pilot, so he grew up around various Naval Air Stations in Florida, Virginia, Rhode Island, and Maine, where he developed an appreciation for military and civil aviation.

Since graduating from college and law school, Joe has been a long-time Sunset Park resident and has raised his family here, serving on the SMMUSD Personnel Board, and volunteering with various youth sports organizations. This has made him aware of the need for more open space, parks, and recreational facilities in our city.

With his legal training and 27 years of experience as an attorney, he understands FAA regulations, the 2017 Consent Decree, and the history of litigation involving the city and Santa Monica Airport.

He is also aware of the safety and pollution impacts of past and current Airport operations on local residents.

Joe views the conversion of Santa Monica Airport to a great park, after the airport closes at the end of 2028, as a "once-in-a-lifetime opportunity." We believe that he will do an excellent job of analyzing options and representing community concerns as the planning process goes forward.

Item 16.A
11/15/22
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Packet Pg. 486 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 He has a demonstrated commitment to the improvement of the quality of life for Santa Monica residents, particularly the children of Santa Monica, and we expect that commitment to continue to play itself out in his service on the Santa Monica Airport Commission.

Item 16.A
11/15/22
139 of 169 Item 16.A
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Packet Pg. 487 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: [email protected]
Sent: Tuesday, November 15, 2022 8:38 AM
To: councilmtgitems
Subject: Joe Pertel's pending Commission appointment

EXTERNAL
To the Santa Monica Council members.

I support the appointment of Joe Pertel to the Santa Monica Airport Commission.

As a native to Santa Monica that was born and raised under the airport’s flight path, and still to this day, live within ‘earshot’, and an active member of the community, I feel I should add my voice in support of Joe Pertel.

Please appoint Joe Pertel to the Santa Monica Airport Commission.

Stay safe, Stay well,
James M. Wilson, AIA
Item 16.A
11/15/22
140 of 169 Item 16.A
11/15/22

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Packet Pg. 488 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, November 15, 2022 8:00 AM
To: councilmtgitems
Subject: Fw: NO!!! Joe Pertel. airport commission
From: lori brown <[email protected]>
Sent: Monday, November 14, 2022 8:35 PM
To: Council Mailbox <[email protected]>; Phil Brock <[email protected]>; Lana Negrete <[email protected]>; Oscar de la Torre <[email protected]>; Christine Parra <[email protected]>
Subject: NO!!! Joe Pertel. airport commission

EXTERNAL
Dear council members
Many residents especially in Sunset Park have been the recipient of vitriol and online bullying from Joe Pertel. !!!!!
I question his motives which is further exacerbated by his associations.

Please note: The Sunset Park Board was not unanimous for Mr. Pertel.

Thank you for your time and careful consideration on the appointment.

Lori Brown
Sunset park resident
Item 16.A
11/15/22
141 of 169 Item 16.A
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Packet Pg. 489 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Nikki Kolhoff <[email protected]>
Sent: Tuesday, November 15, 2022 8:57 AM
To: councilmtgitems
Subject: Fw: Oppose Joe Pertel for Airport Commission

EXTERNAL
----- Forwarded Message -----
From: Nikki Kolhoff <[email protected]>
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Sent: Monday, November 14, 2022 at 11:31:02 PM PST
Subject: Oppose Joe Pertel for Airport Commission
Dear City Council -
I am writing to oppose the appointment of Joe Pertel to the Airport Commission.

First, as the recipient of much ire from Joe Pertel on social media, I can confirm he is a social media bully. This past election season he was involved in the perpetuation of the falsehood that anyone who opposes unlimited growth or the Dem Club endorsements is a right-wing Republican Trumper. This is mean, dangerous, divisive, and anti-democratic, and conduct not befitting a commissioner.

Second, in 2021 Chris Harding formed a group called SMIG (Santa Monicans for Integrity in Government) and Joe did some of their legal work. The group members are Judy Abdo, Jason Islas, Chris Harding, Tom Larmore, Debbie Mulvaney, and Joe Pertel. SMIG initially formed to block Oscar de la Torre from voting on district elections and to retain the at-large elections for more development. See here: https://smdp.com/2021/02/03/your-column-here-7/ Then SMIG threatened to shut down the Santa Monica High School Alumni Association for advocating to preserve the History Building. Joe filed a complaint on behalf of SMIG regarding paperwork technicalities and making the false accusation that the alumni association was engaged in "propaganda" and should have its nonprofit status revoked simply for advocating to save the flagship building of the Samohi campus. The History Building was a cultural resource of Santa Monica and would have been landmarked if those rules applied to school land. Joe Pertel and Chris Harding went against the pleas of 5 neighborhood organizations, the Samohi Alumni Association, the Santa Monica Conservancy, and a petition of 6000 people to save it, and instead behaved like bullies to push through the demolition while Chris Harding's wife, Laurie Lieberman, was pushing the demolition on the school board. They supported demolition and construction as "progress." This will be looked back on as one of the lowest points in our city's history.

Prior to that, Joe Pertel teamed up with Joel Koury and asked a court not to pay claimants on their lawful awards in the SMMUSD pupil fee lawsuit settlement.

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Packet Pg. 490 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Finally, I am suspicious of the motives of anyone working with the biggest land use lawyer in town to do what is in the best interests of residents with respect to the airport land, when there is no track record to support that, but rather the opposite.

It would be a mistake to believe he is an advocate for residents or the conversion of the airport to a park.

Thank you for your consideration.

Nikki Kolhoff
Santa Monica Resident
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Packet Pg. 491 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Nikki Kolhoff <[email protected]>
Sent: Tuesday, November 15, 2022 11:13 AM
To: councilmtgitems; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra Cc: [email protected]
Subject: Fw: Oppose Joe Pertel for Airport Commission - Documentation of Joe's Divisive Attacks Attachments: koury pertel objection body.pdf; 2021-06-01 Letter from Joe Pertel re Samohi Alumni Association.pdf

EXTERNAL
City Council -
As further support for my objection, I am attaching the following documents:

1. Objection filed by Joe Pertel and Joel Koury to the SMMUSD pupil fee lawsuit settlement filed February 10, 2020. This appears motivated by their ongoing feud with Kevin Shenkman. However, Joe was willing to hurt families in order to defeat Shenkman. Not only did he object to the payment of legal fees, but he objected to the payment of lawful claims to parents and students. The claims were for reimbursement of amounts paid out of pocket that the school district was required by law to pay for. It is not clear that the people who signed Joe's request to join an objection were aware that they were objecting to payment of claims in addition to legal fees. Joe and Joel's objection further divided the school community by making parents and students who filed claims the enemies of the school district instead of focusing on the unlawful behavior of the district. This behavior emboldens the district to do less and challenge more, which puts our kids at risk, and the most recent example is a $45 million jury verdict against SMMUSD for the abuse of two special needs students.

2. Link to statement by SMIG relating to district elections February 3, 2021 (named signatories: Judy Abdo, Jason Islas, Chris Harding, Tom Larmore, Debbie Mulvaney, and Joe Pertel). This is further work by Joe Pertel with Chris Harding and other pro-development people to stop district elections and keep massive development moving forward. It is another example of ad hominem attacks and the attempt to portray opponents as unsavory people instead of addressing substantive issues. In this instance, there is an effort to liken those wanting district elections (a format cited as more democratic by many Democratic Party organizations) as Trump supporters. SMIG also filed an amicus brief in the case. https://smdp.com/2021/02/03/your-column-here-7/

3. Complaint filed June 1, 2021 by Joe Pertel on behalf of SMIG threatened to shut down the Santa Monica High School Alumni Association for advocating to preserve the History Building. This was a bullying tactic intended to silence Phil Brock and the Samohi Alumni Association from objecting to the demolition of the History Building. This was harmful to the continued and proper work of the Alumni Association to preserve and protect the iconic buildings of Samohi and the history of Santa Monica. These kinds of efforts result in emotional distress and negatively financially impact those who must defend against these bullying legal attacks. There is no doubt this kind of behavior resulted in a chilling of advocacy and civic discourse in Santa Monica, and the loss of an iconic cultural resource, for the benefit of development interests supported by Chris Harding.

Please do not give Joe Pertel a platform to bully fellow residents and further Chris Harding's development agenda for the airport land.

Thank you for your consideration.

Nikki Kolhoff
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Packet Pg. 492 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 Sunset Park Resident
----- Forwarded Message -----
From: Nikki Kolhoff <[email protected]>
To: Councilmtgitems <[email protected]>
Sent: Tuesday, November 15, 2022 at 08:56:57 AM PST
Subject: Fw: Oppose Joe Pertel for Airport Commission
----- Forwarded Message -----
From: Nikki Kolhoff <[email protected]>
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]> Sent: Monday, November 14, 2022 at 11:31:02 PM PST
Subject: Oppose Joe Pertel for Airport Commission
Dear City Council -
I am writing to oppose the appointment of Joe Pertel to the Airport Commission.

First, as the recipient of much ire from Joe Pertel on social media, I can confirm he is a social media bully. This past election season he was involved in the perpetuation of the falsehood that anyone who opposes unlimited growth or the Dem Club endorsements is a right-wing Republican Trumper. This is mean, dangerous, divisive, and anti-democratic, and conduct not befitting a commissioner.

Second, in 2021 Chris Harding formed a group called SMIG (Santa Monicans for Integrity in Government) and Joe did some of their legal work. The group members are Judy Abdo, Jason Islas, Chris Harding, Tom Larmore, Debbie Mulvaney, and Joe Pertel. SMIG initially formed to block Oscar de la Torre from voting on district elections and to retain the at-large elections for more development. See here: https://smdp.com/2021/02/03/your-column-here-7/ Then SMIG threatened to shut down the Santa Monica High School Alumni Association for advocating to preserve the History Building. Joe filed a complaint on behalf of SMIG regarding paperwork technicalities and making the false accusation that the alumni association was engaged in "propaganda" and should have its nonprofit status revoked simply for advocating to save the flagship building of the Samohi campus. The History Building was a cultural resource of Santa Monica and would have been landmarked if those rules applied to school land. Joe Pertel and Chris Harding went against the pleas of 5 neighborhood organizations, the Samohi Alumni Association, the Santa Monica Conservancy, and a petition of 6000 people to save it, and instead behaved like bullies to push through the demolition while Chris Harding's wife, Laurie Lieberman, was pushing the demolition on the school board. They supported demolition and construction as "progress." This will be looked back on as one of the lowest points in our city's history.

Prior to that, Joe Pertel teamed up with Joel Koury and asked a court not to pay claimants on their lawful awards in the SMMUSD pupil fee lawsuit settlement.

Finally, I am suspicious of the motives of anyone working with the biggest land use lawyer in town to do what is in the best interests of residents with respect to the airport land, when there is no track record to support that, but rather the opposite.

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Packet Pg. 493 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 It would be a mistake to believe he is an advocate for residents or the conversion of the airport to a park.

Thank you for your consideration.

Nikki Kolhoff
Santa Monica Resident
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Packet Pg. 494 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Nicola Goode <[email protected]>
Sent: Tuesday, November 15, 2022 11:35 AM
To: councilmtgitems
Subject: Item 16(A) - Airport Commission

EXTERNAL
Attn. Santa Monica City Council:

I'm writing in support of longtime Sunset Park, Santa Monica resident Joe Pertel as a terrific choice for the Airport Commission. He has been a consistently active member of our community including working on the boards of various youth organizations. As a dedicated, experienced public interest attorney he brings skills of complex legal analysis to the table as well. The coming years will be critical ones regarding changes to the use and direction of Santa Monica’s 'jewel in the crown’ parcel, SMO. I believe Joe would keep our best interests in mind and remain dedicated to mitigating health impacts, promoting sustainable uses while working as a balanced team player within the Commission and with the City Council. As a 20 year Sunset Park resident and tenant of an art studio space at the SMO 18th Street Art Studio campus, I look forward to the successful closure of SMO, its transition to multiple creative community based uses and the expansion of Airport Park in 2029.

Sincerely,
Nicola Goode
Sunset Avenue, SM 90405
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Packet Pg. 495 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Law Office
Of
Joseph A. Pertel
2801 Ocean Park Boulevard, # 276
Santa Monica, California 90405
Telephone: (310) 503-5791
E-Mail: [email protected]
June 1, 2021
Dr. Ben Drati, Superintendent
Santa Monica Malibu Unified School District
1651 16th Street
Santa Monica, California 90404
Dr. Antonio Shelton, Principal
Santa Monica High School
601 Pico Boulevard
Santa Monica, California 90405
RE: Santa Monica High School (“Samohi”) Alumni Association Suspension of Nonprofit Status and Partisan Advocacy
VIA ELECTRONIC MAIL
Dear Dr. Drati and Dr. Shelton,
I am writing on behalf of Santa Monicans for Integrity in Government (“SMIG”), which includes Samohi graduates, parents of Samohi students and graduates, and Samohi Alumni Association (“SAA”) members, to express our concerns regarding the reported suspension of SAA’s nonprofit status by the California Attorney General’s Office and the California Secretary of State, its lack of good standing with the California Franchise Board, as well as SAA’s partisan political activities that we believe undermine the core mission of this important community organization.

Since it is our understanding that the school district provides office space, furniture, telephone, internet and other services to SAA at no cost, we are asking the school district to conduct a formal inquiry into SAA’s nonprofit status, finances and activities to insure that it complies with California’s nonprofit legal requirements, as Item 16.A
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Packet Pg. 496 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 2 well as fulfilling its mission to provide support to Samohi alumni and current students without partisan politics.

A. Background - Samohi Alumni Association
The Santa Monica High School (“Samohi”) Alumni Association was registered as a nonprofit entity with the California Secretary of State on October 26, 1953, entity number C0279539. (Exhibit A.) The current iteration of SAA was registered as a nonprofit public benefit corporation with the Secretary of State on January 7, 1991, entity number C1679526. (Id.)
The SAA maintains rent-free office space with furniture, telephone and internet service on the campus of Santa Monica High School.1 (Exhibit B, p. 3.) The SAA lists its physical address as Santa Monica High School (Samohi) located at 601 Pico Boulevard, Santa Monica, California 90405 with a Samohi telephone number of 310 395-3204, extension 71564. (Id.). The SAA maintains social media accounts on Facebook, Pinterest, Instagram and Twitter.

In its most recent newsletter, SAA provided the following list of current board members: Phil Brock, ’71, President; Jeff Condon, ’79, Vice President; Michael Flinkman, ’77, Treasurer; Crystal Reed, ’89, Secretary; Stephanie Hoff Brice ’70; Sharon Coatam Armstrong, ’71; Joe Deering, Jr., ’64; Naila Dada Elfarra, ’83; Becky Darden Mejia, ’58; Karl Schober, ’62; Lawson Desrochers, ’86; and Victoria Coulson, ’86.2 (Exhibit B, p. 3.)
Phil Brock has served as President of SAA since 2016. He served as Vice President from 2013-2015.

B. Current Nonprofit Status

1. California Secretary of State
The Secretary of State requires tax-exempt organizations, including nonprofit public benefit corporations, to file a “Statement of Information” every other year after incorporation. If an entity fails to file a Statement of Information, the Secretary 1 See http://www.samohialumni.org/
2 See https://www.facebook.com/samohialumni
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Packet Pg. 497 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 3 of State informs the California Franchise Tax Board, which is authorized to assess financial penalties. (Attorney General’s Guide for Charities, “AG Guide” (2021) at pp. 43-44.) If the Secretary of State suspends a corporation for failure to file a Statement of Information, its status can only be resolved and returned to active status by the Franchise Tax Board. A corporation is not allowed to conduct business in California while suspended.

According to the Secretary of State’s website, SAA filed its most recent Statement of Information on February 16, 2015, more than six years ago.3 (Exhibit C.) According to its website, the California Secretary of State has “suspended” the Samohi Alumni Association. (Id.)

2. California Attorney General’s Office
The Attorney General’s Office (“AG’s Office”) regulates charities and other nonprofit organizations. As part of this process, the AG’s Office maintains a “Registry of Charitable Trusts” (“the Registry”) on its website.

Charitable organizations must register with the AG’s Office within 30 days of receiving a cash donation, property donation, or other asset with financial value received for a charitable purpose. (AG’s Guide, supra, at p. 44.) Charitable organizations are required to file an “Annual Registration Renewal Form (“Form RRF-1”), as well as copies of their annual IRS Form 990. Failure to file the annual Form RRF-1 may result in the loss of the organization’s tax-exempt status.

The SAA registered with the AG’s Office on December 31, 2006, Registry number 080829. (Exhibit D.) According to the AG’s Office’s official website, SAA filed its last Form RRF-1 on December 4, 2012, more than eight years ago. (Id.) The AG’s website states that Samohi Alumni Association’s Registry status is “Suspended.” (Id.) On October 5, 2020, the AG’s Office mailed SAA a “Delinquent Notice.” (Exhibit E.) In this Notice, the AG’s Office advised SAA that its “registration status 3https://businesssearch.sos.ca.gov/CBS/SearchResults?filing=&SearchType=NUMBE R&SearchCriteria=C1679526&SearchSubType=Exact
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Packet Pg. 498 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 4 has been delinquent for more than 10 years.”4 (Id., emphasis added.) The Notice further advised the Alumni Association that “[y]ou are required to file the Form RRF-1 renewal fees and the IRS Form 990 . . . for the missing years within 30 days or your organization’s account will be suspended and then revoked.” (Id.) The Delinquency Notice further warned SAA that “[h]aving a delinquent or suspended status prevents your organization from any fundraising.” (Id.) On February 1, 2021, the AG’s Office formally suspended the Samohi Alumni Association. (Exhibit D.) According to its website, a charitable organization that is not in good standing with the Registry may not operate or solicit donations in California.5

3. Franchise Tax Board
Most tax-exempt organizations are required to file an annual information return with the State of California Franchise Tax Board (FTB”). Most charitable organizations file FTB Form 199 or Form 199N.

According to its website, SAA is “Suspended” and “Not Exempt.” (Exhibit G, p. 1, emphasis added; See also, Franchise Tax Board, Entity Status Letter, dated May 29, 2021 [“The [Samohi Alumni Association] is not in good standing with the Franchise Tax Board.”] (Id., p. 2, emphasis in original.)
4 As reflected in minutes of its board meetings, SAA has been aware of its failure to comply with California’s nonprofit laws since at least 2018, See, e.g., “State non-profit status paperwork needs to be submitted ASAP! Bret [Hammond] will work with Phil [Brock]. (Minutes 7/11/18, p.1 [underline added]); “Charitable status: Crystal [Reed] will work with Phil [Brock] to update this before the end of the year.” (Minutes 12/12/18, p. 1 [underline added]) (Exhibit F.) As of today’s date, SAA has not posted minutes of its board meetings on its website since December 11, 2019. http://www.samohialumni.org/board-meetings-agendas-- minutes.html 5 See California Code of Regulations, title 11, section 999.9.4, which states, “A person or entity subject to the registration requirements of Government Code section 12580 et seq., must be registered and in good standing with the Registry of Charitable Trusts to operate or solicit for charitable purposes. A registration that is delinquent, suspended or revoked is not in good standing and is prohibited from engaging in conduct for which registration is required including, but not limited to solicitation for charitable purposes.” (emphasis added.) Item 16.A
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Packet Pg. 499 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 5 C. Compliance with State Nonprofit Laws and Policy Issues By this letter, we are asking SMMUSD to conduct a formal inquiry into SAA’s nonprofit status, financial condition, and related policy issues:

1. Samohi Alumni Association
a. The California Secretary of State’s website states that SAA is suspended. (Exhibit C.) Is this correct and, if so, how long has SAA been suspended? If suspended, is SAA prohibited from conducting business in the State of California? If suspended and prohibited from conducting business, how long has SAA been conducting business unlawfully? Was the SAA board of directors aware of this? If so, for how long? If suspended, did SAA inform SMMUSD of this situation? If not, why not? Why did it continue to operate under these circumstances? What steps, if any, have been taken by SAA leadership, including its longtime President, Phil Brock, to bring SAA into compliance with the Secretary of State’s rules and regulations? b. The California Attorney General’s Office’s website states that SAA is suspended. (Exhibit D.) Is this correct and, if so, how long has SAA been suspended? If suspended, has SAA been prohibited from operating and/or soliciting donations? If so, when did this happen and why does SAA continue to solicit donations on its official website in violation of state law?6 Was the SAA board of directors aware of this? If so, for how long? If suspended and prohibited from operating and/or soliciting donations, did SAA inform SMMUSD of this situation? If not, why not? What are the legal consequences, if any, for soliciting and receiving donations while suspended? Do donors need to be notified? Do donations need to be returned?
c. The State of California Franchise Tax Board’s website states that SAA is “suspended,” “not exempt,” and “not in good standing.” (Exhibit G, pp. 1-2, 6 On its website, SAA continues to solicit donations from Samohi alumni and the local community, stating that “[a]ll of your donations are fully tax deductible.” (Exhibit H.) See also http://www.samohialumni.org/donate.html This statement is false and misleading to the extent that SAA has been suspended by the AG’s Office and the Secretary of State and prohibited from conducting business operations and/or soliciting donations.

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Packet Pg. 500 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 6 emphasis in original.) Is this correct and, if so, how long has SAA been suspended, not exempt, and not been in good standing? If suspended, not exempt, and not in good standing, is SAA prohibited from conducting business in the State of California? If suspended and prohibited from conducting business, how long has SAA been conducting business unlawfully? Was the SAA board of directors aware of this? If so, for how long? If not in good standing with the FTB, did SAA inform SMMUSD of this situation? If not, why not? Why did it continue to operate under these circumstances? What steps, if any, have been taken by SAA leadership, including its President, Phil Brock, to bring SAA into compliance with the Franchise Tax Board’s rules and regulations?
d. If suspended and/or not in good standing with the Attorney General’s Office, the Secretary of State, and the Franchise Tax Board, has SAA lost its taxexempt status? If SAA has lost is tax-exempt status, when did this happen? Was the SAA board of directors aware of this? If so, for how long? If suspended and/or not in good standing, did SAA inform SMMUSD of this situation? If not, why not? Why did it continue to operate under these circumstances? What steps, if any, have been taken to bring SAA into compliance with the rules and regulations of these California agencies?

2. Santa Monica-Malibu Unified School District
a. Does SMMUSD provide office space, including furniture, telephone and internet services, to SAA? Does SMMUSD provide the use other district facilities to SAA, e.g., space to conduct meetings, reunions or alumni gatherings? If so, does SMMUSD have a lease agreement and/or memorandum of understanding with SAA? If not, why not?
b. Does SMMUSD charge SAA rent for the use of SMMUSD office space, furniture, telephone and internet services? If so, how much? If not, is this based on SAA’s representations and agreement that SAA is a nonprofit tax-exempt public benefit corporation in good standing with all necessary State of California entities, including the AG’s Office, the Secretary of State, and the Franchise Tax Board? Item 16.A
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Packet Pg. 501 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 7 c. If SAA is not allowed to conduct business in California, not allowed to solicit donations, and/or has lost its nonprofit status, is SMMUSD legally permitted to provide office space and other free resources to SAA? d. What is the fair market value of the office space, furniture, telephone and internet services provided to SAA by SMMUSD? If SAA was not allowed to conduct business in California, not allowed to solicit (or receive) donations, and/or lost its nonprofit status, is SAA required to reimburse SMMUSD for the fair market value of the office space, furniture, telephone and internet services provided by SMMUSD to SAA during the period of suspension?
e. Should SMMUSD include a provision in any lease agreement or memorandum of understanding with SAA for office space and/or the use of other Samohi resources and facilities requiring proof of on-going compliance with state and federal nonprofit rules and regulations? Should SMMUSD require SAA to provide proof of an outside financial audit on a periodic basis as a condition for using Samohi facilities? If so, how often?
D. SAA’s Political Activities and Partisan Advocacy
Over the past year, we have become concerned by SAA’s participation in overt political activities related to our local elections, including the Santa Monica City Council and SMMUSD Board of Education elections in November, 2020 and, most recently, its support for a recall campaign against members of the SMMUSD school board. As set forth below, SAA has run political advertisements for local candidates, written favorably about alumni political candidates in its newsletter and social media platforms, and used its alumni mailing list for political purposes. In addition, SAA has taken a partisan political position concerning Samohi’s approved Phase III Campus Plan, arguing for the preservation of the History Building, including the use of incorrect and/or misleading information. For these reasons, we Item 16.A
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Packet Pg. 502 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 8 urge SMMUSD to conduct an independent inquiry concerning these political activities in light of SAA’s use of Samohi facilities and resources.7

1. SAA’s Improper Political Activities
The SAA’s Articles of Incorporation contain the following restrictions on political activities:

Four (c): “No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in a political campaign (including the publishing or distribution of statements) on behalf of, or in opposition to, any candidate for public office.” (Exhibit I, p. 2.) In SAA’s Fall 2020 edition of the Santa Monica High School Alumni Association Viking News, SAA President Phil Brock wrote an article which, in relevant part, supported his candidacy for the Santa Monica City Council, the candidacies of his “Slate of Eight” running mate for City Council, Oscar de la Torre, and running mate Esther Hickman for SMMUSD school board, as well as Kristin McCowan, who was running unopposed for a two-year term on City Council:
“Finally, Santa Monica’s Municipal Elections coincide with our national elections on November 3rd. As you can tell from the paid advertisements in this issue, three outstanding Vikings seek city council nods, and another Viking is running for a seat on the school board. There are five City Council seats and three board of education seats available. I wish the best of luck to all of us trying to bring positive changes to our city’s elected officers.” (Exhibit J, Viking News, Fall 2020, p. 2.)
These comments violate the express terms of SAA’s Articles of Incorporation prohibiting participation or intervention in any political campaign “on behalf of, or in opposition to, any candidate for political office.” (Exhibit I, p. 2.) In addition, we are concerned that these political activities appear to violate the terms of their nonprofit tax-exempt status
7 We are not, of course, opposed to members of SAA expressing political views in their individual capacities. We are concerned, however, when SAA members express and/or promote partisan political views in their official capacities as SAA board members and/or use SAA resources, including SAA newsletters and email lists, to promote their personal political views and/or coordinate with other partisan political organizations and/or individuals to promote their personal political views.

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Packet Pg. 503 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 9 In addition, the Viking News ran four full-page color political advertisements for Phil Brock, Oscar de la Torre, and Kristin McCowan for City Council and Esther Hickman for School Board. (Exhibit J, at pp. 3, 4, 14, and 15.) The placement of these political advertisements violate the terms of SAA’s Article of Incorporation prohibiting the “. . . publishing or distribution of statements[ ] on behalf of . . . any candidate for political office.” (Exhibit I, page 2.)

2. SAA’s Partisan “Propaganda”
Over the past year, SAA, particularly its President Phil Brock, acting in his official capacity as President of SAA, has become directly involved in a campaign opposing Phase III of the approved Samohi Campus Plan and supporting the preservation of the History Building, which is slated for demolition as part of the District’s on-going efforts to modernize its public school facilities. SAA President Brock’s efforts, closely coordinated with the unsuccessful campaign of school board candidate Esther Hickman, violate SAA’s Articles of Incorporation prohibiting the “carrying on of propaganda”8 and raise issues concerning its on-going relationship with SMMUSD and its use of Samohi resources.

In a recent SAA newsletter, President Phil Brock published the following comments concerning the History Building:
“SAVE the HISTORY Building!
“The voters of Santa Monica passed the most massive school bond measure in our district’s history. The superintendent and the majority of the School Board have now slated our historic History Building for demolition . . . . “Here are the reasons the school district gives to rationalize the demolition and replacement of this revered building. The rooms aren’t square (evidently, our education suffers in rectangular rooms!), the walls are so thick that internet services is spotty (I think Broadband is the answer). 8 SAA’s Articles of Incorporation do not define “carrying on propaganda,” which is contained in a section covering restrictions on political activities by the organization. Propaganda is defined as “the spreading of ideas, information or rumor for the purpose of helping or injuring an institution, a cause or a person” or “ideas, facts or allegations spread deliberately to further one’s cause or to damage an opposing cause.” Merriam-Webster Dictionary, 2021.

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Packet Pg. 504 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 10 Additionally, the district notes that students do not like to walk up the hill (are more PE classes the answer?), and the ramps that satisfy ADA requirements are unsightly (elevators anyone)?
. . . .
“Your Board of Directors believe that the District Administration and School Board are making a mistake. Samohi’s population continues to decrease.

Aside from permit students, the student population is just over 2,400 for our four-year school. My graduating class in 1971 numbered 901, with a total count of approximately 3,100 Vikings in a three-year school. As enrollment continues to decline and the number of families in Santa Monica decreases, there can be no justification for this historic building’s demolition. The SAA will be happy to forward your email and snail-mail letters to the school board. Email your message to [email protected] or mail your letter of protest to Samohi Alumni Association, 601 Pico Boulevard, Santa Monica CA 90405.
. . . . (Exhibit J, Viking News, p. 2, emphasis added.) Mr. Brock’s comments, purportedly endorsed by SAA’s “Board of Directors,” do not accurately reflect the reasons set forth by the parents, students, teachers, staff, architects, and the School Board who helped develop the plans for Phase III of the Samohi Campus Plan and/or made the decision to remove the History Building as part of this project. Mr. Brock does not make any effort to provide a balanced discussion of the merits of competing viewpoints and there is no evidence that Mr.

Brock or the SAA Board of Directors offered to provide space in the Viking News for the school district (or others) to provide the other side of the discussion.

In addition to these comments, SAA posted and promoted similar statements on its Facebook account. For example, on or about October 27, 2020, the “Samohi Alumni Association” restated the following (inaccurate) reasons it claimed formed the basis for the decision to demolish the History Building:
“Samohi Alumni Association
“The SMMUSD wants to demolish these historic buildings and rebuild the campus. They have listed three reasons for the campus make over. 1. High school kids cannot learn in a rectangular classroom. 2. The walls are too thick for the Internet to penetrate them. 3. Kids don’t like to walk up the stairs or hill.
. . . .

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Packet Pg. 505 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 11 “There is no reason to destroy these buildings. They are all structurally sound and have survived two major earthquakes over the past ½ century with no damage. There is pride in those solid buildings on campus. Preserve them. Oh, one more thing. The school district got a large measure approved but has not put the bonds on sale. A remodel, if needed, would save Santa Monica taxpayers thousands of dollars each for the next thirty years.” (Exhibit K.)
In addition to this and several similar posts by SAA on its Facebook page, SAA permitted former school board candidate Esther Hickman to post dozens of comments containing similar misinformation, as well as a petition that she posted nearly a dozen times on this single SAA Facebook group, without any apparent oversight or intervention by SAA’s Facebook group administrator(s). 9 In addition, SAA sent “Action Alert” emails to thousands of Samohi alumni containing, in relevant part, the following proposed letter for them to send to the District opposing the Campus Plan:
“….
“I am asking the board to halt to Samohi Phase 3 and all further construction plans until historic inventories have been completed at all campuses by a historic resources expert. The historic resources policy must include local criteria 1-6, and the requirement that a historic resources expert perform assessment adaptive reuse.
“The remaining bond funds must be spent on the adaptive reuse of the historic Samohi buildings. All SMMUSD resources should be focused on getting students, teachers, and staff back to school safely instead of fasttracking new development and using public funds to demolish history resources.
“Save the History Building. Go Vikings!”
(Exhibit L, emphasis added.)
This SAA email was distributed within hours of similar messages which were posted extensively on local social media by former school board candidate Esther Hickman 9 https://www.facebook.com/samohialumni
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Packet Pg. 506 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 12 and a close associate, Nikki Kolhoff. (Exhibit M.) Once again, no effort was made on behalf of SAA to provide a balanced discussion of the issues considered by the proponents of the Samohi Campus Plan and/or the adoption of a historical resources policy by the School Board.

Finally, on May 19, 2021, the SAA Facebook page posted an article entitled “Goodbye Samohi” by Charles Andrews,10 a vocal proponent of the political recall campaign targeting members of the school board, urging Samohi alumni to read the article and “take action.” (Exhibit N.) In this article, Mr. Andrews repeated (false) accusations promulgated by the recall movement and specifically instructed his readers to take political action against the school board:
. . . .
“ Who’s doing this? Your School District (SMMUSD), its staff and your elected seven-member School Board. Half of whom now face the threat of recall, over this and a long list of other parent and community grievances, including mismanagement of huge amounts of funds, lack of transparency, communication and access, and disrespecting, marginalizing, bullying and retaliating against parents who speak out and disagree. “CAN WE STOP IT?
“Many have been trying, since the District’s master construction plan and its History Building demolition became much more widely known last year. Can we avoid a messy and expensive recall, and keep those hard-working public servants on their board? Possibly, both.
“Go to the School Board site to see how to call in and raise your voices at the Board meeting Thursday night. You have to put in early to get a turn, prior to the 5:30 public start. But to have any effect with a mostly intransigent Board, the numbers would have to be impressive. Hundreds. When news spread of the destructive master plan last fall, a group put up an online petition to save the History Building and got 6,000 signatures in a matter of days. Pooh. Your School Board and SMMUSD have ignored it.
“How many of you are willing to make the effort to save yet another iconic piece of Santa Monica history? Because of the seemingly irrational fervor to 10 “Goodbye Samohi,” Charles Andrews, Santa Monica Daily Press, May 18, 2021 https://www.smdp.com/goodbyesamohi/205027?fbclid=IwAR3y8XkabAvzEUEp7kIrswuIWdHFMTZYdWqE6b4uFRc 60fzQ7XSMnQ8a0ko
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Packet Pg. 507 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 13 build and overdevelop, both by the City and SMMUSD, there are not many of those touchstones left. Sadly, Santa Monicans are usually not willing to make that effort. But that is what it takes. Will you, this time? (A flood of emails would also be good — ALSO — to: [email protected], which reaches every Board member.)
. . . .
‘But here, indeed, is a rare chance for a local politico to claim that banner.

We’re not asking much. It can be a win-win resolution. You will forever be known as the School Board Member Who Saved the History Building. And the big bonus could be… that your papers for recall might wind up in the trash instead of the county clerk’s desk.”
(Exhibit O.)
F. Issues Concerning SAA’s Political Activities and Partisan Propaganda a. Did SAA violate its Articles of Incorporation by engaging in political activities by publishing SAA President Phil Brock’s partisan comments in its official Viking News concerning three City Council candidates and one School Board candidate during the last election cycle? Did SAA violate any state or federal regulation or rule concerning partisan political activities by this nonprofit organization?
b. Did SAA violate its Articles of Incorporation by promoting biased, misleading, and/or factually incorrect information, i.e., “carrying on propaganda,” concerning Phase III of the Samohi Campus Plan and the demolition of the History Building? Did SAA violate any state or federal regulation or rule concerning partisan political activities of this nonprofit organization? c. Did SAA violate its Articles of Incorporation by sending, in coordination with well-known partisan political activists, “urgent action” messages to thousands of Samohi alumni on its official SAA email list concerning Phase III of the Samohi Campus Plan and removal of the History Building ? Did SAA violate any state or federal regulation or rule concerning the political activities of this nonprofit organization?
d. Did SAA violate its Articles of Incorporation by posting an article by vocal recall activist Charles Andrews on its official Facebook page, advising its alumni members to “read it” and “take action”? Did SAA violate any state or federal Item 16.A
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Packet Pg. 508 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 14 regulation or rule concerning the political activities of this nonprofit tax-exempt organization by posting this article by a leading proponent of the recall campaign and advising its members take the political action set forth in the article? e. Notwithstanding its Articles of Incorporation, as a matter of public policy, should SAA, which receives office space, furniture, telephone and internet services at no costs on the grounds of our public high school, Samohi, engage in partisan political activities and/or partisan advocacy with respect to school-related issues, irrespective of viewpoint?
f. Should SMMUSD include a provision in any lease agreement or memorandum of understanding with SAA for office space and/or the use of other Samohi resources and facilities prohibiting the organization from engaging in the promotion of partisan political activities and/or partisan activities, irrespective of viewpoint?
We urge SMMUSD to commence an independent inquiry of the Samohi Alumni Association at your earliest convenience. Given SAA’s suspension by the Attorney General’s Office and the Secretary of State, its lack of good standing with the Franchise Tax Board, and its ongoing partisan political activities, this is an urgent matter that requires your immediate attention. Please do not hesitate to contact me if you have any questions and/or need additional information or documentation concerning these issues.

Very truly yours,
// Joseph A. Pertel //
Joseph A. Pertel
Attorney for SMIG
Santa Monicans for Integrity in Government
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Packet Pg. 509 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 15 CC: Samohi Alumni Association
Office of Attorney General, Department of Justice, State of California, Registry of Charitable Trusts
Office of the City Attorney, City of Santa Monica,
Consumer Protection Division
Santa Monica Malibu Unified School District, Board of Education Attachments: 15 Exhibits
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Packet Pg. 516 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) 1 Vernice Hankins
From: Randall Klarin <[email protected]>
Sent: Tuesday, November 15, 2022 2:01 PM
To: councilmtgitems
Subject: Item 16A/Airport Commission

EXTERNAL
Please appoint Joe Pertel to the Airport Commission.

Randall Klarin
RW Klarin
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Packet Pg. 517 Attachment: Written Comments_20221115 (5458 : Appointment: Disabilities, Airport, Personnel (10 mins)) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity and Participation of Lobbyists on City of Santa Monica Boards and Commissions
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on October 25, 2022, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 related to lobbying activity and participation of lobbyists on City of Santa Monica Boards and Commissions. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CC-ORD-Lobbying Amended-2d

10.A
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1 City Council Meeting: January 10, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.010, DEFINITIONS, AND ADDING SECTION 4.85.015 TO PROHIBIT ANY INDIVIDUAL FROM SERVING

OR CONTINUING TO SERVE ON A CITY BOARD, COMMISSION, TASK FORCE, OR

ADVISORY BOARD IF THAT INDIVIDUAL HAS ENGAGED IN LOBBYING ACTIVITIES

IN THE CITY OF SANTA MONICA IN THE TWO YEARS PRIOR TO APPOINTMENT WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyists to register with the City Clerk’s office; and WHEREAS, all lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change; and the ordinance includes a list of exemptions intended to ensure the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights; and
WHEREAS, at its July 13, 2021, meeting, Council directed staff to return with a proposed ordinance, similar to that in place in other municipalities, that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate; and
WHEREAS, this ordinance addresses the items in Council’s July 13, 2021, direction to staff.

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Packet Pg. 519 Attachment: CC-ORD-Lobbying Amended-2d (5525 : Lobbying Amended - Second Reading) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Santa Monica Municipal Code Section 4.85.010 is hereby amended as follows:

4.85.010 Definitions.
“Lobbyist” means any individual who receives economic consideration as the employee, representative, or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing City action. Lobbyist also includes an Expenditure Lobbyist. “Economic Consideration” means monetary or in-kind payment or remuneration in an amount in excess of $50.00, or the expectation of such remuneration, for engaging in the legislative advocacy. Compensation does not include the salary of an employee who devotes less than 20% of that employee’s work time to legislative advocacy during any one year and who engages in legislative advocacy only on behalf of a single employer.

Compensation also does not include reimbursement of or payments for reasonable travel or business expenses, such as copying, telephone charges and meals. “Expenditure Lobbyist” means any person, other than any government entity, or officer or employee of a government entity acting in an official capacity, who advises regarding, or makes, payments or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year for directing or guiding public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, or studies with the intent of soliciting, requesting or urging, directly or indirectly, other persons to communicate directly with a City official in order to influence any City action.

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Packet Pg. 520 Attachment: CC-ORD-Lobbying Amended-2d (5525 : Lobbying Amended - Second Reading) 3 Expenditure lobbyist shall not include: a) a person who pays compensation to a legislative advocate or who pays compensation to another representative who appears at a hearing on any City action; b) a person who pays dues to a membership organization that is ongoing in nature and whose membership services do not consist exclusively of legislative advocacy; c) an organization who makes payments to distribute communications to its members; and d) a person engaged in publication or broadcasting of news items, editorials, or commentary, provided that the person is not compensated to take a specific position.

For purposes of this Chapter, “Lobbyist” does not include the following:
(a) City contractors and those seeking City contracts on their own behalf through bids and proposals;
(b) Licensed architects;
(c) Licensed professional engineers;
(d) Representatives of other government agencies.
“Official” means any person who is:
(a) A member of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or commission;
(c) The City Manager, City Attorney, and City Clerk;
(c) A City department director; and
(d) Any other person who is required to file a Statement of Economic Interest in connection with the City of Santa Monica.

Section 2. Santa Monica Municipal Code Section 4.85.015 is hereby added as

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Packet Pg. 521 Attachment: CC-ORD-Lobbying Amended-2d (5525 : Lobbying Amended - Second Reading) 4 follows:

Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.
(a) Any person who has been a Lobbyist in the two years prior to the start of a term shall be ineligible to be appointed to serve on a City board, commission, task force, or advisory board.
(b) The Council, by a two-thirds vote of the Council, may appoint a person to a board, commission, task force, or advisory board, despite otherwise being disqualified under this Chapter, for good cause, including but not limited to unavailability of qualified candidates.

Section 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

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

Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official

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Packet Pg. 522 Attachment: CC-ORD-Lobbying Amended-2d (5525 : Lobbying Amended - Second Reading) 5 newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 523 Attachment: CC-ORD-Lobbying Amended-2d (5525 : Lobbying Amended - Second Reading) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second reading and adoption of an Ordinance to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network for a 20-year term, per the terms and conditions stated in the ordinance
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on December 13, 2022, the City Council introduced for first reading an Ordinance to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network for a 20- year term, per the terms and conditions stated in the ordinance. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. PW-Ord-Franchise-2d

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City Council Meeting: January 10, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AUTHORIZING THE GRANT OF AN EXCLUSIVE FRANCHISE TO BIG OUTDOOR INVESTMENTS, LLC., TO INSTALL AND OPERATE OUT-OF-HOME KIOSKS IN THE CITY’S RIGHT-OF-WAY FOR 20 YEARS
WHEREAS, in accordance with Article XVI of the Santa Monica City Charter, the City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service, and to use the public streets, ways, alleys and places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment, necessary or convenient for the furnishing thereof, or necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere; and WHEREAS, the City Council may prescribe the terms and conditions of any such franchise grant; and
WHEREAS, before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where

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Packet Pg. 525 Attachment: PW-Ord-Franchise-2d (5527 : Kiosk Franchise - Second Reading) any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon; and WHEREAS, the resolution of intention shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof, in the official newspaper; and
WHEREAS, the time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution; and WHEREAS, at the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive; and WHEREAS, after the public hearing, the City Council may grant, or deny, the franchise, subject to the right of referendum of the people; and WHEREAS, on or about January 25, 2021, the City of Santa Monica issued a Request for Proposals (RFP) to solicit proposals to install out-of-home advertising kiosks (the “Kiosks”) in the City’s right-of-way to enhance the City’s pedestrian experience on the City’s public sidewalks; and
WHEREAS, the Kiosks will provide various public benefits, including real-time transportation information, promotion of local retail, shelter and service information for homeless individuals, and public health and safety information and notifications; and WHEREAS, the Kiosks rely on sponsorship and advertising revenue, a portion of which will be shared with City; and
WHEREAS, the franchise will authorize the installation of up to fifty (50) Kiosks throughout the City; and

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Packet Pg. 526 Attachment: PW-Ord-Franchise-2d (5527 : Kiosk Franchise - Second Reading) WHEREAS, the City Council has determined that Big Outdoor Investments, LLC., (“BIG Outdoor”) is the best qualified firm to receive the exclusive franchise (the “Franchise”) to install the Kiosks, based upon BIG Outdoor’s proposal (the “Proposal”); and
WHEREAS, the Proposal includes the following benefits to the City:
 Projected Revenues - BIG Outdoor offered the City a 50% share of adjusted gross revenues, which it estimates would be an approximate average of more than $14 million annually over the franchise term, assuming a total of 50 kiosks are installed.  Minimum Annual Guarantee
BIG Outdoor offered a minimum annual guarantee of $5 million commencing upon full deployment and completion of Phase 1, with 3% escalation every three years for the duration of the franchise term. Effectively, the City would receive either 50% of adjusted gross revenues or $5 million per year, whichever is higher.  Signing Bonus
In addition to the 50% revenue share and minimum annual guarantee offers, BIG Outdoor also committed to paying the City a $4 million signing bonus prior to the effective date of the franchise agreement.
 Additional Community Benefits
BIG Outdoor committed to contribute 2% of its net media revenues from the Santa Monica kiosk network towards community programs and services at the City’s discretion.
 Community Ambassador

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Packet Pg. 527 Attachment: PW-Ord-Franchise-2d (5527 : Kiosk Franchise - Second Reading) BIG Outdoor has also committed to hiring a full-time community ambassador to interface directly with the City and community for all communications; and WHEREAS, on November 15, 2022, the City Council unanimously adopted Resolution No. 11483 (CCS) (the “ROI”), stating its intent to award by ordinance the Franchise to BIG Outdoor, the terms and conditions upon which it is proposed to be granted, and setting the public hearing for December 13, 2022 to hear all protests, if any; and
WHEREAS, the City Clerk published the ROI on November 23, 2022, in the Santa Monica Daily Press; and
WHEREAS, after conducting a duly noticed public hearing on December 13, 2022, and considering all oral and written protests submitted prior to and during the hearing, the City Council made its determination to grant the Franchise to BIG Outdoor in accordance with the ROI.

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

SECTION 1. The above referenced recitals are incorporated into this Ordinance as true and correct.

SECTION 2. The Franchise is hereby granted to BIG Outdoor, in accordance with the terms and conditions of the ROI.

SECTION 3. The City Manager or his designee is authorized to negotiate and execute a franchise agreement consistent with this ordinance and take all actions necessary to implement the franchise agreement.

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Packet Pg. 528 Attachment: PW-Ord-Franchise-2d (5527 : Kiosk Franchise - Second Reading) SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 529 Attachment: PW-Ord-Franchise-2d (5527 : Kiosk Franchise - Second Reading) City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 10.C
1 of 4
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and Adoption of Proposed Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Allow Certain 100% Affordable Housing Projects to Request Waivers or Reductions of Development Standards Pursuant to State Density Bonus Law.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines § 15162 based on a determination that the proposed project was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021 with an Addendum to the EIR approved on October 11, 2022.

2. Introduce and adopt an emergency interim zoning ordinance to extend interim zoning regulations adopted by Emergency Interim Zoning Ordinance No. 2732 (CCS) to allow qualifying 100% affordable housing projects that receive unlimited density and up to three stories or 33 feet in additional height under State Density Bonus Law to request additional waivers or reductions of development standards.

Executive Summary
At its meeting on December 13, 2022, the City Council introduced and adopted Emergency Interim Zoning Ordinance No. 2732 (CCS) to allows certain 100% affordable housing projects, except in the Pico Neighborhood Area as outlined in Santa Monica Municipal Code Figure 9.40.020.A, to request waivers or reductions of development standards pursuant to State Density Bonus Law. The interim zoning regulations provided in Emergency Interim Zoning Ordinance No. 2732 (CCS) will expire on February 11, 2023 unless extended by the City Council. The proposed

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Emergency Interim Zoning Ordinance (Attachment “A”) recommends an extension of the interim zoning regulations until May 31, 2023 to allow time to study and adopt permanent regulations as part of Housing Element implementation.

Discussion
As described more fully in the Council staff report for the December 13, 2022 public hearing (Attachment “C”), the purpose of the Emergency Interim Zoning Ordinance (“IZO”) is to remove potential barriers to production of 100% affordable housing projects on an interim basis while the City continues implementation of adopted Housing Element programs. Housing Element implementation, which is scheduled to be presented to the City Council in Spring 2023, includes comprehensive rezoning and process streamlining as set forth in required 6th Cycle Housing Element Programs including but not limited to 1F (Downtown standards), 1J (Citywide standards), 2C (AHPP Update), and 2D (State Density Bonus).

More specifically for purposes of the proposed Emergency IZO, Housing Element Program 2D requires revisions to the City’s Density Bonus Ordinance to ensure consistency with recent changes in State Density Bonus Law, California Government Code Section 65915 et seq.

As part of its adoption of the IZO on December 13th, the Council specified that the authorization to seek waivers or reductions of development standards for certain 100% affordable housing projects does not apply in the Pico Neighborhood Area, as outlined in Santa Monica Municipal Code Figure 9.40.020.A, during this interim period. Staff will further evaluate the concern expressed regarding potential overconcentration of 100% affordable housing projects in the Pico Neighborhood Area as part of its work on the 6th Cycle Housing Element implementation program that will be presented to City Council later this year.

The proposed extension of the Emergency Interim Zoning Ordinance is now presented to the City Council for introduction and adoption with a recommended expiration of May 31, 2023 to allow time for such study and implementation.

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Environmental Review
The proposed adoption of an Emergency IZO to allow a request for waivers of development standards in conjunction with a 100% affordable housing project utilizing State Density Bonus Law provisions was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. This approval of an Emergency IZO implements a portion of that 6 th Cycle Housing Element project.

An analysis has been performed pursuant CEQA Guidelines § 15162 to determine whether subsequent environmental review is required for the adoption of an Emergency IZO to allow a request for waivers of development standards in conjunction with a 100% affordable housing project utilizing State Density Bonus Law provisions. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1) No substantial changes are proposed in the project which will require major revisions of the previous EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project.
2) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, no substantial changes have occurred.
3) There is no new information, which was not known and could not have been known at the time of the previous EIR and Addendum that the project will have significant effect not discussed in the EIR and Addendum.

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Based upon these findings, it has been determined that no further environmental documentation is required for this project.

Past Council Actions
Meeting Date Description
10/11/2022
(Attachment B)
Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element
12/13/2022
(Attachment C)
Introduction and Adoption of Emergency Interim Zoning
Ordinance No. 2732 (CCS)
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Roxanne Tanemori, Principal Planner
Approved Forwarded to Council
Attachments:

A. Attachment A Ordinance Density Bonus for Affordable Housing 011023 B. Attachment B Link to 10-11-2022 Council Meeting
C. Attachment C Link to 12-13-2022 Council Meeting

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1 City Council Meeting: January 10, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS TO UPDATE DENSITY BONUS REQUIREMENTS FOR 100% AFFORDABLE HOUSING

DEVELOPMENTS
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over a 7-year period; and
WHEREAS, the City of Santa Monica has long been committed to ensuring that Santa Monica is an inclusive and affordable community despite mounting market pressures; and

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Packet Pg. 534 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable 2 WHEREAS, the City’s Land Use and Circulation Element, adopted in 2010, and Zoning Ordinance, adopted in 2015, demonstrate this commitment through providing extra bonuses and incentives for one hundred percent affordable housing; and WHEREAS, on October 9, 2019, the Governor signed 18 bills into law to stimulate housing production, including: AB 1763, which amends the State Density Bonus Law, California Government Code Section 65915 et seq. (“SDBL”), to provide for increased density bonuses and incentives and concessions for housing developments that contain one hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households (“100% affordable housing developments”); and
WHEREAS, AB 1763, in part, provides that the City may not impose maximum controls on density on 100% affordable housing developments located within one-half mile of a major transit stop, and that those 100% affordable housing developments shall also receive a height increase of up to three additional stories, or 33 feet; and WHEREAS, AB 1763 further provides that 100% affordable housing developments that received unlimited density are not eligible for additional waivers or reductions of development standards; and
WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number 2649 (CCS) which, in part, incorporated provisions of AB 1763, including the prohibition against waivers for 100% affordable housing developments that receive unlimited density; and

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Packet Pg. 535 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable 3 WHEREAS, AB 2345, which became effective on January 1, 2021, amended the SDBL to allow a city to authorize a developer to request additional waivers or reductions of development standards for 100% affordable housing developments that receive unlimited density; and
WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”) allocation for is 6th Cycle (2021-2029) Housing Element (“6th Cycle Housing Element”) of 8,895 housing units, with approximately 70 percent allocated as affordable housing; and
WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, on October 11, 2022, the City Council adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the 6th Cycle Housing Element represents the City’s longstanding commitment to affordable housing, tenant protection, housing and services for special needs groups, homeless services, sustainable development, and fair housing; and WHEREAS one of the four key principles of the 6th Cycle Housing Element is to increase housing production for all, with an emphasis on affordable housing; and WHEREAS, through Housing Element Program 2D, the City has committed to updating its density bonus ordinance to ensure consistency with SDBL and integration into the City’s land use system no later than October 15, 2023; and

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Packet Pg. 536 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable 4 WHEREAS, on August 4, 2021, the Planning Commission adopted Resolution Number 21-007 (PCS) declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including Program 2D; and
WHEREAS, the Planning Commission has been conducting discussions on implementation of the Housing Element, and it is anticipated that the Commission will make a formal recommendation to the City Council in January 2023; and WHEREAS, if the Planning Commission makes a formal recommendation to the City Council in January 2023, it is anticipated that amendments to the Zoning Ordinance to implement Program 2D would not be presented to Council before February 2023, with a likely effective date of April 2023; and
WHEREAS, agreeing to additional waivers or reductions of development standards for 100% affordable housing developments that receive unlimited density will facilitate the development of affordable housing within the City, consistent with the key principles of the 6th Cycle Housing Element and Program 2D; and WHEREAS, 100% affordable housing projects, with challenges in available funding, often turn to financing sources such as tax credits, which establish a strict schedule for obtaining entitlements and building permits; and WHEREAS, if the City does not agree to waivers or reductions of development standards before the anticipated effective date for implementation of Program 2D in the Spring of 2023, it could jeopardize the production of 100% affordable housing

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Packet Pg. 537 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable 5 developments within the City as well as the City’s ability to meet its RHNA allocation goals; and
WHEREAS, on December 13, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2732 (CCS) (“IZO 2732”) to allow a housing development that (a) receives a waiver from any maximum controls on density, and up to three additional stories or 33 feet in height; and (b) is not located in the Pico Neighborhood Area, as outlined in Figure 9.40.020.A, to seek additional waivers or reductions of development standards in accordance with the provisions of SDBL and Santa Monica Municipal Code Chapter 9.22; and
WHEREAS, a current and immediate threat to the public health, safety and welfare continues to exist due to the State’s ongoing and unprecedented housing crisis, which has resulted in the City’s RHNA allocation that heavily focuses on affordable housing production; and
WHEREAS, adoption of this emergency Interim Zoning Ordinance to extend the interim zoning regulations adopted by IZO 2732 is necessary to preserve public peace, health, safety and welfare as it will remove barriers to production of housing, particularly 100% affordable housing developments as the City completes implementation of Housing Element Program 2D.

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

SECTION 1. Interim Zoning Regulations. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.22.070(C), a housing development that (a) receives a waiver from any maximum controls on density pursuant to Santa Monica

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Packet Pg. 538 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable 6 Municipal Code Section 9.22.050(B)(3)(d)(ii), and up to three additional stories or 33 feet in height in accordance with 9.22.060(A)(4), and (b) is not located in the Pico Neighborhood Area, as outlined in Figure 9.40.020.A, shall be eligible for, and may receive, additional waivers or reductions of development standards in accordance with the provisions of SDBL and Santa Monica Municipal Code Chapter 9.22.

SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption. Pursuant to Sections 615 and 619 of the City Charter, and Section 9.46.090 of the Municipal Code, for the reasons stated in the recitals above, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be

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Packet Pg. 539 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable 7 necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.

SECTION 5. This Ordinance shall be of no further force or as of May 31, 2023, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section

9.46.090(C).

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 540 Attachment: Attachment A Ordinance Density Bonus for Affordable Housing 011023 (5532 : Extension of Emergency IZO for 100% Affordable Attachment B
Link to the October 11, 2022 City Council Meeting:

Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element
https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID= 1320&MediaPosition=&ID=5191&CssClass=

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Packet Pg. 541 Attachment: Attachment B Link to 10-11-2022 Council Meeting (5532 : Extension of Emergency IZO for 100% Affordable Housing Projects (15 Attachment C
Link to the December 13, 2022 City Council Meeting:

Introduction and Adoption of an Emergency Interim Zoning Ordinance to Allow 100% Affordable Housing Projects to Request Waivers or Reductions of Development Standards Pursuant to State Density Bonus Law
https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID= 1326&MediaPosition=&ID=5467&CssClass=

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Packet Pg. 542 Attachment: Attachment C Link to 12-13-2022 Council Meeting (5532 : Extension of Emergency IZO for 100% Affordable Housing Projects (15 City Council
Report
City Council Meeting: January 10, 2023
Agenda Item: 10.D
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Modifying Santa Monica Municipal Code Section 4.44.020 to Enhance Enforcement of Prohibitions of Smoking in Multi-Unit Common Areas and Near Multi-Unit Residential Buildings
Recommended Action
Staff recommends that the City Council introduce for first reading the proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in multi-unit residential common areas, and the public right-of-way areas around multi-unit residential buildings.

Summary
The proposed Ordinance would enhance the enforcement tools and remedies available for smoking violations in and around multi-unit residential buildings, where smoke can cause a nuisance in common areas or smoking may enter a dwelling. The City’s Smoking Ordinance has a list of specific locations where smoking is unlawful. SMMC §

4.44.020(a). The proposed Ordinance would add the common areas, except designated smoking areas, of any multi-unit residential building, and public right-of-way areas (sidewalk, street, and other public-right-of way) within 20 feet of any doorway or open window of a multi-unit residential building, to the list. It is expressly provided that violations of smoking in common areas cannot be used as grounds to terminate a tenancy.

Background
Currently the City’s Smoking Ordinance prohibits smoking in multi-unit residential

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properties, including their common areas. SMMC § 4.44.040(a). However, the remedy for a violation is limited to a person bringing a civil action against the violator, including an action in small claims court, subject to an award of damages of not less than $100 (minimum damages amounts increases to $200 for the second violation, and $500 for the third or subsequent violations within a year). City staff is not authorized to enforce violations of smoking laws in multi-unit residential buildings.

In contrast, a violation for smoking at a place prohibited under the “specific locations” designation (SMMC § 4.44.020(a)), is enforced directly by the City. This section is enforced by the City’s code enforcement or police personnel, who are authorized to issue: (1) ticket for an infraction (fine of $100 for first violation; $200 for second violation; and $500 for third and subsequent violations within a year); or (2) administrative citation (fine of $500).

The City has received complaints from residents in multi-unit residential buildings indicating they are reluctant to file a lawsuit against their neighbors and asking the City to intervene with direct enforcement action against those who violate the City’s smoking laws in multi-unit residential properties.

Section 4.44.040 (Smoking in multi-unit residential properties) provides tenants protection from eviction based on a violation of this Section: “Nothing in this Section may be used as grounds to terminate a tenancy.” SMMC § 4.44.040(d)(1). The Ordinance would provide that tenant eviction protection for violations of smoking in the common areas of a multi-unit residential building under Section 4.44.020 (Smoking in specific locations), consistent with the eviction protection provided in Section 4.44.040 (Smoking in multi-unit residential properties).

Discussion
The proposed Ordinance, by adding the common areas and the public right-of-way areas near, multi-unit residential buildings, to the list of “specific locations” where smoking is unlawful, enhances the smoking protections for tenants in multi-unit residential properties. The Ordinance would allow these smoking violations that impact

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tenants in their homes, to be enforced directly by the City and subject to higher fines.

Tenants who suffer from prohibited smoking in and around their housing units may also sue the violator with a civil action, as provided for in SMMC section 4.44.040(a).

Fiscal Impact
There is no immediate financial impact or budget action necessary as a result of the recommended action. However, there could be significant resources required for enforcement. Enforcement will be done by existing staff and within existing approved budget.

Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. ORD smoking multiunit

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1 City Council Meeting: January 10, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.44.020, TO PROHIBIT

SMOKING IN COMMON AREAS OF MULTI-UNIT HOUSING FACILITIES AND NEAR

MULTI-UNIT HOUSING FACILITIES
WHEREAS, Section 4.44.020 of the Santa Monica Municipal Code prohibits smoking in many areas of the City where smoking can be a nuisance and cause health concerns for others; and
WHEREAS, smoking in common areas and near multi-unit housing facilities continues to be a concern, such that smoke enters dwelling units.

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

Section 1. Santa Monica Municipal Code Section 4.44.020 is hereby amended as follows:

4.44.020 Prohibitions.
(a) Smoking in Specific Locations. It is unlawful to smoke in the following places:
(1) Any elevator;
(2) Any public park;
(3) Any parklet;
(4) Any public beach;
(5) Anywhere on the Santa Monica Pier;
(6) Any outdoor service area;

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Packet Pg. 546 Attachment: ORD smoking multiunit (5473 : Smoking Ordinance - First Reading) 2 (7) Inside any public building (as that term is defined in Government Code Section 7596);
(8) Any outdoor dining area;
(9) Within twenty feet of the entrance, exit or open window of any building open to the public;
(10) The Third Street Promenade;
(11) Any farmers’ market;
(12) The property of any public library;
(13) Any hotel for which an occupancy permit is issued on or after February 9, 2012;
(14) Any “vaping lounge” or other business that sells electronic smoking devices; except that electronic smoking devices may be used at the two such businesses that were locally licensed as such lounges in Santa Monica as of June 24, 2014, provided there is appropriate ventilation so as not to interfere with neighboring occupants and provided no minors are allowed in the businesses; (15) The common areas of any multi-unit housing facility, except designated smoking areas as provided in Section 4.44.040; violations of this Subsection may not be used as grounds to terminate a tenancy; Code Enforcement shall be solely responsible for enforcement of this Subsection for violations taking place inside multi-unit housing facilities; and
(16) On the sidewalk, street, or other public right-of-way within twenty feet of any doorway or open window of a multi-unit housing building, except when not stationary and continuously moving through the area.

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Packet Pg. 547 Attachment: ORD smoking multiunit (5473 : Smoking Ordinance - First Reading) 3 (b) Disposal of Smoking Waste. No person shall dispose of any cigarette, cigar or tobacco, or any part of a cigarette or cigar, in any place where smoking is prohibited under this Chapter, except in a designated waste disposal container. (c) Liability of Businesses. No business owner, operator or manager shall knowingly or intentionally allow smoking in an outdoor dining area that is under their control. This law does not require the physical ejection of any person from the business or the taking of steps to prevent smoking under circumstances that would involve a significant risk of physical harm.
(d) Posting of Signs. Every business that owns or controls an outdoor dining area covered under subsection (a)(8) shall post one or more prominent signs in conspicuous locations to apprise users of the prohibition of smoking in that outdoor dining area. Multiple signs must be provided as needed for larger areas to ensure that signs are readily visible to all users of the area.
(e) Enforcement and Penalties.
(1) Infraction. A violation of this Section is an infraction and shall be punished by a fine of one hundred dollars for the first violation; two hundred dollars for a second violation within one year; and five hundred dollars for a third and subsequent violations within one year.
(2) Administrative Citation. Any person violating any provision of this Section may be subject to administrative citation pursuant to Chapter 1.09 of this Code; however, for a violation of subsection 15, a warning shall be issued for the first offense, then administrative citations may be issued in the amounts of fifty dollars ($50) for the second offense occurring within one year of the first offense, one hundred dollars ($100)