Agenda packet — Santa Monica City Council, February 25, 2025 (part 2 of 4)

• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

4.B.b
Packet Pg. 287 Attachment: MME - Levine Act (6908 : Acceptance of EPA Grant Funds and Purchase of Street Sweepers for RRR)

Page 3 ends

other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

4.B.b
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4.B.d
Packet Pg. 292 Attachment: Mar-co - Levine Act (6908 : Acceptance of EPA Grant Funds and Purchase of Street Sweepers for RRR) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 4.C
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 the Text of Section

9.31.195 of the Zoning Ordinance for Consistency with the Amended Safety Element
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on February 11, 2025, the City Council introduced for first reading an Ordinance amending the text of Section 9.31.195 of the Zoning Ordinance for consistency with the Amended Safety Element. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CD-ord-Zoning Ordinance Amendment 2d
B. Written Comments

4.C
Packet Pg. 293
1 City Council Meeting: February 25, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 9.31.195 OF THE SANTA MONICA

MUNICIPAL CODE TO ADD A REQUIREMENT THAT MULTIPLE DWELLING UNITS IN NON-RESIDENTIAL DISTRICTS CONDUCT A PHASE 1 ENVIRONMENTAL SITE

ASSESSMENT TO IDENTIFY POTENTIAL UNDERGROUND CONTAMINATION IN

ACCORDANCE WITH THE GOALS, POLICIES, AND ACTIONS OF THE AMENDED SAFETY ELEMENT OF THE CITY’S GENERAL PLAN
WHEREAS, Government Code section 65300 requires each city and county to adopt a comprehensive, long-term General Plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning”; and
WHEREAS, Government Code section 65302 requires that a General Plan include at least eight required “elements;” and
WHEREAS, Government Code section 65302(g)(1) requires a Safety Element as one of the required elements of the General Plan; and
WHEREAS, the Safety Element establishes the City’s goals, policies, and programs to reduce the short- and long-term risk of death, injuries, property damage, and social dislocation due to natural and human-made hazards, including, but not limited to, geologic hazards, including earthquakes, ground failure, and landslides; flooding; hazardous materials and waste; airport hazards; and climate change effects, including sea level rise, droughts, heat waves, and fire; and
WHEREAS, the Safety Element also includes mapping of known seismic and other geologic hazards and addresses evacuation routes, military installations, peakload water

4.C.a
Packet Pg. 294 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 2 supply requirements, and minimum road and clearances around structures, as those items relate to identified fire and geologic hazards; and WHEREAS, the City’s Safety Element was last updated on February 21, 1995; and WHEREAS, since that time, significant new information has become available on public safety risks in the City, including, but not limited to, the designation of the Santa Monica Fault Zone, flooding, wildfires, and climate change effects; and WHEREAS, additionally, the State has established new statutory requirements pertaining to the Safety Element; and
WHEREAS, Senate Bill 379 (2017) requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities; and WHEREAS, Senate Bill 1035 (2018) requires the update of the Safety Element upon adoption of the Housing Element update, which shall be updated at least every eight years, to address new requirements and incorporate updated information during this time; and
WHEREAS, Senate Bill 99 (2019) requires the Safety Element to identify residential developments in any hazard area that does not have at least two emergency evacuation routes; and
WHEREAS, Assembly Bill 747 (2019) requires the Safety Element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios; and

4.C.a
Packet Pg. 295 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 3 WHEREAS, the City adopted its Sixth Cycle Housing Element on October 11, 2022, which was certified by the California Department of Housing and Economic Development on or about October 14, 2022; and
WHEREAS, the City is also currently in the process of updating the Local Hazard Mitigation Plan which will identify local disaster hazards, assess the possibility of these hazards occurring and estimates potential costs, and identify actions to mitigate disaster losses; and
WHEREAS, integration of the Safety Element Update and Local Hazard Mitigation Plan ensures that City goals and policies to address hazards are aligned; and WHEREAS, the amended Safety Element includes updated goals, policies, and actions, including those to minimize risks due to accidental exposure of hazardous materials; and
WHEREAS, the amended Safety Element includes an action requiring new development in non-residential districts to conduct a Phase 1 Environmental Site Assessment to investigate for the potential presence of hazardous materials and/or waste contamination before the issuance of a building permit; and WHEREAS, to effectuate this action, Section 9.31.195 of the Zoning Ordinance of the Santa Monica Municipal Code should be amended to add a requirement that multiple dwelling units in Non-Residential districts conduct a Phase 1 Environmental Site Assessment to identify potential underground contamination; and WHEREAS, on September 4, 2024, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 24-012 (PCS), declaring its intention to consider recommending to

4.C.a
Packet Pg. 296 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 4 the City Council that the City Council amend the text of the Zoning Ordinance to implement the amended Safety Element of the City’s General Plan; and WHEREAS, on October 9, 2024, the Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the updated Safety Element and the amendment to Section 9.31.195; and WHEREAS, on February 11, 2025, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission and now desires to adopt the amendment to Section 9.31.195 of the Zoning Ordinance of the Santa Monica Municipal Code to add a requirement that multiple dwelling units in nonResidential districts conduct a Phase 1 Environmental Site Assessment to identify potential underground contamination.

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

SECTION 1. Santa Monica Municipal Code Section 9.31.195 is hereby amended to read as follows:
§ 9.31.195 Multiple-Unit Dwelling Projects.

The purpose of this Section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from subsections A and B of this Section.

A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section

9.23.030(A)(2).

1. For market rate units:

4.C.a
Packet Pg. 297 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 5 a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c. No more than 15% of the units shall be studio units;

2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.

3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.

B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

1. For nonresidential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section

9.53.130(B)(2)(b)(viii).
b. Bike valet, free of charge, during all automobile valet operating hours.

2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).

C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to prepare a technical memorandum that describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such memorandum shall be submitted at

4.C.a
Packet Pg. 298 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 6 the time of project application and shall be subject to review and approval by the Director prior to project approval.

D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements in Chapter 9.34, Residential Unit Replacement Requirements.

E. Objective Design Standards for Streamlined, Ministerial Approval Process Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and set forth in Government Code Section 65913.4, shall be required to comply with objective design review standards, which may be established by resolution of the City Council.

F. Phase 1 Environmental Site Assessment. Multiple-unit dwelling projects in nonresidential districts or on a site identified on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 shall conduct a Phase 1 Environmental Site Assessment to investigate for the presence of hazardous materials and/or waste contamination. If the Phase 1 ESA finds that contaminated soil or groundwater is suspected to be present, the Applicant shall perform soil sampling and analysis to determine the extent of contamination. If contaminants are detected in soil at or above regulatory levels, then the results of the soil sampling shall be reviewed and acted upon by the appropriate regional, state, or local regulatory agencies as needed. If remediation is necessary, a No Further Action letter or similar documentation indicating case closure shall be obtained under the appropriate oversight agency prior to project occupancy.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such

4.C.a
Packet Pg. 299 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 7 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 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 300 Attachment: CD-ord-Zoning Ordinance Amendment 2d (6920 : Zoning Ord Safety Element - Second Reading) 1 David Yakobson
From: Sam Shapiro-Kline <[email protected]>
Sent: Monday, February 24, 2025 3:53 PM
To: councilmtgitems
Subject: Comment on Item 4.C

EXTERNAL
Hello Councilmembers,
I am writing to comment on item 4.C, the amendment to the zoning ordinance for consistency with the amended safety element.
 The amendment specifies:
 Multiple-unit dwelling projects in nonresidential districts or on a site identified on a list of hazardous materials sites compiled
 pursuant to Government Code § 65962.5 shall conduct a Phase 1 Environmental Site  Assessment
 The decision to specify that the Environmental Site Assessment ordinance is only required for multi-unit dwellings in non-residential zones (in addition to hazardous materials sites) is strange. If this is truly a health and safety concern, why limit testing to nonresidential sites and multifamily, rather than all housing and commercial developments citywide?
 If the health and safety risk is pressing, the ordinance should apply to all development. If less severe, then this ordinance should be limited to a defined zone where there is known to be risk - either the hazardous materials sites alone, or those plus industrial sites.  As written, this ordinance appears to unfairly single out the type of development which the city is encouraging - multi-unit dwellings in commercially zoned corridors.  I encourage you to reject the ordinance as written, and request rationale & justification from the city attorney & staff.

Thanks,
Sam Shapiro-Kline
90403
Item 4-C
February 25, 2025
Item 4-C
February 25, 2025

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Packet Pg. 301 Attachment: Written Comments (6920 : Zoning Ord Safety Element - Second Reading) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 4.D
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 the Text of Section

8.12.040 of the Building Code for Consistency with the Amended Safety Element
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on February 11, 2025, the City Council introduced for first reading an Ordinance amending the text of Section 8.12.040 of the Building Code for consistency with the Amended Safety Element. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CD-ord-Building Code Amendment 2d

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1 City Council Meeting: February 25, 2025 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 8.12.040

TO DESIGNATE CITY HALL EAST AS AN ESSENTIAL FACILITY
WHEREAS, Government Code section 65300 requires each city and county to adopt a comprehensive, long-term General Plan “for the physical development of the county or city, and any land outside its boundaries which in the planning agency’s judgment bears relation to its planning”; and
WHEREAS, Government Code section 65302 requires that a General Plan include at least eight required “elements;” and
WHEREAS, Government Code section 65302(g)(1) requires a Safety Element as one of the required elements of the General Plan; and
WHEREAS, the Safety Element establishes the City’s goals, policies, and programs to reduce the short- and long-term risk of death, injuries, property damage, and social dislocation due to natural and human-made hazards, including, but not limited to, geologic hazards, including earthquakes, ground failure, and landslides; flooding; hazardous materials and waste; airport hazards; and climate change effects, including sea level rise, droughts, heat waves, and fire; and
WHEREAS, the Safety Element also includes mapping of known seismic and other geologic hazards and addresses evacuation routes, military installations, peakload water supply requirements, and minimum road and clearances around structures, as those items relate to identified fire and geologic hazards; and

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Packet Pg. 303 Attachment: CD-ord-Building Code Amendment 2d (6921 : Building Code Ord Safety Element-Second Reading) 2 WHEREAS, the City’s Safety Element was last updated on February 21, 1995; and WHEREAS, since that time, significant new information has become available on public safety risks in the City, including, but not limited to, the designation of the Santa Monica Fault Zone, flooding, wildfires, and climate change effects; and WHEREAS, additionally, the State has established new statutory requirements pertaining to the Safety Element; and
WHEREAS, Senate Bill 379 (2017) requires the City to address climate adaptation and resiliency through the preparation of a vulnerability assessment or reliance on a Local Hazard Mitigation Plan that addresses climate adaptation risks and vulnerabilities; and WHEREAS, Senate Bill 1035 (2018) requires the update of the Safety Element upon adoption of the Housing Element update, which shall be updated at least every eight years, to address new requirements and incorporate updated information during this time; and
WHEREAS, Senate Bill 99 (2019) requires the Safety Element to identify residential developments in any hazard area that does not have at least two emergency evacuation routes; and
WHEREAS, Assembly Bill 747 (2019) requires the Safety Element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios; and
WHEREAS, the City adopted its Sixth Cycle Housing Element on October 11, 2022, which was certified by the California Department of Housing and Economic Development on or about October 14, 2022; and

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Packet Pg. 304 Attachment: CD-ord-Building Code Amendment 2d (6921 : Building Code Ord Safety Element-Second Reading) 3 WHEREAS, the City is also currently in the process of updating the Local Hazard Mitigation Plan which will identify local disaster hazards, assess the possibility of these hazards occurring and estimate potential costs, and identify actions to mitigate disaster losses; and
WHEREAS, integration of the Safety Element Update and Local Hazard Mitigation Plan ensures that City goals and policies to address hazards are aligned; and WHEREAS, the amended Safety Element includes updated goals, policies, and actions, including disaster preparedness, emergency response operations, and recovery; and
WHEREAS, the amended Safety Element provides a contextual framework and overview of the City’s hazard mitigation strategy and emergency response operation, including: (1) identifying potential evacuation routes and critical facilities; (2) describing the resources available to the public to help them prepare for and mitigate hazards; and (3) establishing the framework for improving the City’s effectiveness and capacity for emergency preparedness, response, and recovery; and
WHEREAS, “Essential Facilities” are those which are necessary for emergency operations subsequent to a natural or man-made disaster and are categorized as Risk Category IV as defined in Chapter 16 of the California Building Code; and WHEREAS, Santa Monica Municipal Code Section 8.12.040 designates police stations, fire stations, and City Hall as “Essential Facilities;” and WHEREAS, while the existing City Hall has been seismically retrofitted, its age and condition makes it unsuitable to serve as an Essential Facility, whereas the newly

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Packet Pg. 305 Attachment: CD-ord-Building Code Amendment 2d (6921 : Building Code Ord Safety Element-Second Reading) 4 constructed City Hall East is better equipped to satisfy the requirements of an essential facility; and
WHEREAS, as part of the Safety Element adoption, Staff is proposing that Section

8.12.040 of the Building Code be amended to replace “City Hall” with “City Hall East” as an identified Essential Facilities; and
WHEREAS, on October 9, 2024 and November 13, 2024, the Building and Fire Life Safety Commission conducted duly noticed public hearings to consider recommending to the City Council that the City Council adopt the updated Safety Element and the proposed amendment to Section 8.12.040; and
WHEREAS, on February 11, 2025, the City Council conducted a duly noticed public hearing to consider the Building & Fire Life Safety Commission’s recommendation and now desires to adopt the amendment to Section 8.12.040 of the Santa Monica Municipal Code to designate City Hall East as an Essential Facility.

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

SECTION 1. Santa Monica Municipal Code Section 8.12.040 is hereby amended to read as follows:
§ 8.12.040 Essential facilities.

The following facilities are designated as essential facilities, which are necessary for emergency operations subsequent to a natural or man-made disaster: police stations, fire stations and City Hall East. Such facilities shall be categorized as Risk Category IV as defined in Chapter 16 of the California Building Code.

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Packet Pg. 306 Attachment: CD-ord-Building Code Amendment 2d (6921 : Building Code Ord Safety Element-Second Reading) 5 SECTION 2. 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.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

4.D.a
Packet Pg. 307 Attachment: CD-ord-Building Code Amendment 2d (6921 : Building Code Ord Safety Element-Second Reading) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 4.E
1 of 5
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. 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
On January 8, 2025, on behalf of the City, and in accordance with Santa Monica Municipal Code (SMMC) Section 2.16.060, the City Manager, as Director of Emergency Services, issued an Executive Order declaring a Local Emergency (Executive Order) in response to extreme weather conditions and widespread fires that ignited in nearby Pacific Palisades (Palisades Fire) and elsewhere in Los Angeles County (collectively, Regional Fires). On January 10, 2025, the City Manager issued a Revised Executive Order.

On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director 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 Regional Fires.

On January 14, 2025, the City Manager issued a Second Revised Executive Order in accordance with direction given by the City Council on January 10, and on January 31,

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2025, the City Manager issued a First Supplement to the Executive Order. The Executive Order, Revised Executive Order, Second Revised Executive Order and the First Supplement all include specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.

Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Further, SMMC section 2.16.100 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 adopting the attached Resolution re-ratifying the Executive Order and Revised Executive Order, and ratifying the Second Revised Executive Order and the First Supplement to the Executive Order. (Attachment A).

Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.

The National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation.

On January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County ignited in Los Angeles County, burning over 40,000 acres (the Regional Fires). High winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph.

The Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access routes to the communities affected by the Regional Fires. Along with the windstorm, the Regional Fires spread across more than 40,000 acres damaging or destroying structures and prompting evacuation orders and road closures. This weather system caused extreme conditions

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such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure.

On January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles, and the Governor declared a state of emergency to make additional resources available.

On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).

On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised

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Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.

On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expand criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires. (Attachment E).

The emergency proclamation and its supplements were issued by the City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code

2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council previously approved Resolution 11639 (CCS) on January 10, 2025, ratifying the Executive Order and Revised Executive Order.

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Staff now recommends that Council adopt the attached resolution ratifying the Executive Order, the First and Second Revised, and the First Supplement to the Executive Order, 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 report is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The measures taken are, among other things, administrative or emergency and temporary in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Fiscal Impacts
None.

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

A. A-Resolution-Fire Emergency Order EO
B. B-Executive Order Local Emergency January 8, 2025
C. C-Revised Executive Order Local Emergency January 10, 2025 D. D-Second Revised Executive Order Local Emergency January 14, 2025 E. E-First Supplement to Executive Order Local Emergency January 31, 2025

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1 City Council Meeting: February 25, 2025 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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County, burning over 40,000 acres (the “Regional Fires”); and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, and prompted evacuation orders and warnings and impacted the access routes to the

4.E.a
Packet Pg. 313 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 2 communities affected by the Regional Fires; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and

4.E.a
Packet Pg. 314 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) declaring a local

4.E.a
Packet Pg. 315 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 4 emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the City Manager, in his role as the Director of Emergency Services, issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) (“Exhibit B”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and

4.E.a
Packet Pg. 316 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing

4.E.a
Packet Pg. 317 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 6 Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive Director of Emergency Services related to the protection of life and property.

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Packet Pg. 318 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 7 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 Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.

SECTION 4. The First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified.

SECTION 5. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 6. The City Council authorizes the City Manager, in the Manager’s 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 Regional Fires.

SECTION 7. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall

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Packet Pg. 319 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 8 review the need to continue the state of emergency at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First Supplement to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and shall remain in full force and effect until the termination of the resolution by the City Council.

SECTION 8. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First 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, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First 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 the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 9. 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. 320 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension)

EXHIBIT A

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Packet Pg. 321 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 1 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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and

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Packet Pg. 322 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

4.E.a
Packet Pg. 323 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and

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Packet Pg. 324 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 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.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapters

6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,

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Packet Pg. 325 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.

4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;

5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.

6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

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Packet Pg. 326 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.

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Packet Pg. 327 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section

2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.

9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

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Packet Pg. 328 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 8th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 329 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension)

EXHIBIT B

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Packet Pg. 330 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL

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Packet Pg. 331 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire

4.E.a
Packet Pg. 332 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 a and

4.E.a
Packet Pg. 333 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and

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Packet Pg. 334 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by

4.E.a
Packet Pg. 335 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapters

6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.

4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;

5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.

6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the

4.E.a
Packet Pg. 336 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments

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Packet Pg. 337 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.

7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.

4.E.a
Packet Pg. 338 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

4.E.a
Packet Pg. 339 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 10th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

4.E.a
Packet Pg. 340 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension)

EXHIBIT C

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Packet Pg. 341 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 1 SECOND 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
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and

4.E.a
Packet Pg. 342 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and

4.E.a
Packet Pg. 343 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and

4.E.a
Packet Pg. 344 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 4 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 orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and

4.E.a
Packet Pg. 345 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 5 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 Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;

4.E.a
Packet Pg. 346 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 6 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.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.

City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

4.E.a
Packet Pg. 347 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapter

6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

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Packet Pg. 348 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.

5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.

6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.

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Packet Pg. 349 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.

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Packet Pg. 350 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.

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Packet Pg. 351 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section

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Packet Pg. 352 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.

13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.

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Packet Pg. 353 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 354 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension)

EXHIBIT D

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Packet Pg. 355 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and

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Packet Pg. 356 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and

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Packet Pg. 357 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and

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Packet Pg. 358 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject

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Packet Pg. 359 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant

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Packet Pg. 360 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and

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Packet Pg. 361 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;

WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and

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Packet Pg. 362 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.

NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.

IT IS HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.

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Packet Pg. 363 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:

Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.

Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.

3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.

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Packet Pg. 364 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.

5. Section 4 of the Second Revised Executive Order is hereby amended as follows:

Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).

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Packet Pg. 365 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:

Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.

ADOPTED this 31st day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

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

DOUGLAS SLOAN
City Attorney

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Packet Pg. 366 Attachment: A-Resolution-Fire Emergency Order EO (6923 : Fire Emergency Order Extension) 1 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

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Packet Pg. 367 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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Packet Pg. 368 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and

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Packet Pg. 369 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapters

6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,

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Packet Pg. 370 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.

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Packet Pg. 371 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

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Packet Pg. 372 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

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Packet Pg. 373 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 8th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 374 Attachment: B-Executive Order Local Emergency January 8, 2025 (6923 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL

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Packet Pg. 375 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire

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Packet Pg. 376 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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Packet Pg. 377 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and

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Packet Pg. 378 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by

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Packet Pg. 379 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapters

6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the

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Packet Pg. 380 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

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Packet Pg. 381 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.

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Packet Pg. 382 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

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Packet Pg. 383 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 10th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 384 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6923 : Fire Emergency Order Extension) 1 SECOND 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
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

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Packet Pg. 385 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and

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Packet Pg. 386 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and

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Packet Pg. 387 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 4 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 orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and

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Packet Pg. 388 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 5 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 Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;

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Packet Pg. 389 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 6 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.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

1. Schools, as that term is defined by Santa Monica Municipal Code Section

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Packet Pg. 390 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.

3. Enforcement of the provisions of Santa Monica Municipal Code Chapter

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Packet Pg. 391 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.

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Packet Pg. 392 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.

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Packet Pg. 393 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

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Packet Pg. 394 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

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Packet Pg. 395 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.

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Packet Pg. 396 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 397 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6923 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

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Packet Pg. 398 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and

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Packet Pg. 399 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and

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Packet Pg. 400 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject

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Packet Pg. 401 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant

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Packet Pg. 402 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and

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Packet Pg. 403 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;

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Packet Pg. 404 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.

IT IS HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.

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Packet Pg. 405 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:

Schools, as that term is defined by Santa Monica Municipal Code Section

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.

3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.

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Packet Pg. 406 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.

5. Section 4 of the Second Revised Executive Order is hereby amended as follows:

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Packet Pg. 407 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:

ADOPTED this 31st day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

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

DOUGLAS SLOAN
City Attorney

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Packet Pg. 408 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6923 : Fire Emergency Order Extension) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 4.F
1 of 6
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section 4.08.095, Prohibition Against Camping in Public Places
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for First Reading an Ordinance to Amend Santa Monica Municipal Code Section 4.08.095, Prohibition Against Camping in Public Places, to omit from the definition of “camp facility” certain items.

Summary
At its January 28, 2025, meeting, the City Council approved the following 16 Item:

Request of Councilmembers Hall, Snell, and Mayor Pro Tempore Torosis for Council to direct the City Attorney to return with an ordinance that amends Santa Monica Municipal Code Section 4.08.095 prohibiting certain comfort items for unhoused individuals.

The full text of the 16 Item is attached. (Attachment A) Staff now returns with an ordinance for introduction and first reading consistent with the direction given on January 28, 2025. (Attachment B)
Background

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2 of 6
On September 10, 2024, the City Council introduced for first reading Ordinance Number 2789 (CCS) (Ordinance 2789) to amend Santa Monica Municipal Code (SMMC) Section 4.08.095, Prohibition Against Camping in Public Places, to repeal amendments made by Ordinance Number 2728 (CCS) (Ordinance 2728), adopted on November 15, 2022. Ordinance 2789 was adopted on September 24, 2024.

The November 2022 amendments enacted by Ordinance 2728 were adopted by the City Council in response to judicial guidance from the Ninth Circuit Court of Appeals in Johnson v. City of Grants Pass (Grants Pass), which held that it is “cruel and unusual punishment” in violation of the Eighth Amendment to the United States Constitution to prohibit individuals that are “involuntarily” unhoused from sleeping or using blankets, pillows, sleeping bags, cardboard boxes, and other rudimentary protections against the weather on public property, unless shelter space is available. For consistency with the Ninth Circuit’s decision, Ordinance 2728 amended Section 4.08.095 by: 1) removing sleeping bags and bedrolls from the list of items that could be used to determine whether an individual has erected a camp facility for the purpose of living accommodations in a public place in violation of Section 4.08.095; and 2) adding language clarifying that unhoused individuals are not prohibited from using “sleeping bags, blankets, pillows, and/or bedrolls while sleeping” per the terms of the 9th Circuit decision.

On June 28, 2024, the United States Supreme Court issued its decision in the Grants Pass case, which overturned the Ninth Circuit’s decision. The Supreme Court held that regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. The Supreme Court held that legislative bodies, rather than courts, are the appropriate decision maker when determining criminal regulations and penalties for camping in public. The Court acknowledged legislative bodies have broad discretion in this regard. However, the Court also acknowledged that a number of Constitutional and common law protections still apply, for example competency to stand trial, a “necessity defense,” due process, and equal protection, among others. These protections ensure that everyone must be treated equally. Whether someone falls asleep while sunbathing, an unhoused person falls asleep in a park during the day, or a backpacker falls asleep while passing through,

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Packet Pg. 410
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under the Constitution they must be treated equally.

The amendments adopted by Council in September 2024 through Ordinance 2789 repealed the changes made by Ordinance 2728 by: 1) adding sleeping bags and bedrolls to the list of items that could be used to determine whether an individual has erected a camp facility for the purpose of living accommodations in a public place in violation of Section 4.08.095; and 2) removing affirmative language that unhoused individuals are not prohibited from using “sleeping bags, blankets, pillows, and/or bedrolls while sleeping”.

Discussion
As discussed in the September 10, 2024, staff report, the amendments made pursuant to Ordinance 2789 were not legally required by, but were consistent with, the Supreme Court’s decision in Grants Pass. Similarly, the proposed amendments to 4.08.095 are not legally required by, but would be consistent with, the Supreme Court’s decision in Grants Pass.

Council direction from January 28, 2025, explains that the Council finds that banning certain comfort items for unhoused individuals is inappropriate and ineffective as follows:
• We find that a ban on sleeping bags and bedrolls to be an inappropriate conflation of comfort items with “encampments,” an ineffective tool to combat the chronic issue of homelessness, and against the values we hold as a community of treating our unhoused neighbors with compassion, dignity, and respect.

Implementing measures with the intent of making our city inhospitable to fellow human beings in an attempt to force them to seek shelter in Los Angeles does not solve our homelessness crisis, invites Los Angeles and neighboring cities to do the same to us, and merely perpetuates the shell game the Los Angeles region has played with our unhoused population for decades. • Our goal as City leaders is to entice unhoused individuals into housing and services for long term stability and ensuring a clean and safe Santa Monica for our residents, visitors, property owners, and businesses.

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In accordance with Council direction from January 28, 2025, the attached ordinance would make the following amendments to Section 4.08.095:

4.08.095 Prohibition against camping in public places.
(a) No person shall camp in a prohibited public place.
(b) For the purpose of this Section:
(1) “Camp” means to erect, maintain, or occupy a camp facility for the purpose of living accommodations.
(2) “Camp facility” means the use of, settling, fixing in place, setting up, locating, or leaving behind in a prohibited public place any or a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, or hammocks, or bedrolls. (3) “Prohibited public place” means any of the following: the public parks listed in Section 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other governmentowned properties located within the City of Santa Monica. (c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks.

On September 10, 2024, Council further gave direction to continue to monitor what other cities are doing and return with additional options on this and related issues, which may include, but not be limited to, examination of opportunities for further amendments to the Municipal Code to address use of public spaces as part of the City’s wholistic approach to addressing homelessness. That work remains ongoing absent further or alternative direction from the City Council.

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It should be emphasized that the City’s law enforcement team, the Police Department and the City Attorney’s Office Prosecutors, take a very thoughtful and compassionate approach to interacting with homeless individuals, making best efforts to steer them toward services. Sometimes the path to that interaction is the Camping Ordinance, which may lead to those affected obtaining services voluntarily or eventually through diversion programs like STEP Court. Also, the Municipal Code is not utilized as a means to take away anyone’s blankets or other comfort items.

Environmental Review
This report is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed ordinance will omit certain comfort items, i.e., sleeping bags and bedrolls, from the definition of “camp facility” for purposes of the City’s prohibition against camping in public spaces. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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

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

A. Council Direction January 28, 2025
B. ORD-CAO-Camping

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C. Written Comments

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City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 16.K
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request of Councilmembers Hall, Snell, and Mayor Pro Tempore Torosis for Council to direct the City Attorney to return with an ordinance that amends Santa Monica Municipal Code Section 4.08.095 prohibiting certain comfort items for unhoused individuals.

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

A. 20250128 16 Item - Amending SMMC Prohibitions on Certain Comfort Items for Unhoused Individuals - Hall Snell Torosis
B. Written Comments

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Packet Pg. 415 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Meeting: January 28, 2024
1 16 ITEM BY COUNCILMEMBERS DAN HALL, BARRY SNELL, AND MAYOR PRO 2 TEMPORE CAROLINE TOROSIS
3 Request of Councilmembers Hall, Snell, and Mayor Pro Tempore Torosis for 4 Council to direct the City Attorney to return with an ordinance that amends Santa 5 Monica Municipal Code Section 4.08.095 prohibiting certain comfort items for 6 unhoused individuals.
7 On September 10, 2024, the Santa Monica City Council amended Section 8 4.08.095 of the Santa Monica Municipal Code to implement a ban on the use of sleeping 9 bags and bedrolls by unhoused individuals sleeping in public spaces. This overturned a 10 previous Council’s decision in 2022 to allow the use of such items in light of the Ninth 11 Circuit Court of Appeal’s Martin v. Boise decision, which the 2024 ruling in Grants Pass 12 v. Johnson ruling overturned.
13 From the meeting’s City Staff Report: “In Grants Pass v. Johnson, the U.S. 14 Supreme Court held that regulating camping on public property does not constitute “cruel 15 and unusual punishment” prohibited by the Eighth Amendment. The decision reversed 16 the holding of the Ninth Circuit Court of Appeals, which held that camping prohibitions 17 were ‘cruel and unusual punishment’ if a person was ‘involuntarily’ homeless. The 18 Supreme Court held that legislative bodies, rather than courts, are the appropriate 19 decision maker when determining criminal regulations and penalties for camping in public. 20 The Court acknowledged legislative bodies have broad discretion in this regard. However, 21 the Court also acknowledged that a number of Constitutional and common law protections 22 still apply, for example competency to stand trial, a ‘necessity defense,’ due process, and 23 equal protection, among others. These protections ensure that everyone must be treated 24 equally. Whether someone falls asleep while sunbathing, a homeless person falls asleep 25 in a park during the day, or a backpacker falls asleep while passing through, under the 26 Constitution they must be treated equally…
27 The report concludes: “Even if sleeping on public property could be completely 28 outlawed, it will not end. Even if it is legally prohibited, resources must be available and 29 there must be the will to cite or arrest, prosecute, then despite zero bail and even if a case 30 makes it to court and the defendant appears, and a jury were to convict, there certainly 31 are not resources nor the will to hold those convicted of low level crimes such as sleeping 32 in public in the County jail. Until there are substantially greater resources available for 33 mental health treatment, substance abuse prevention and treatment, and housing 34 (shelter, transitional, and/or permanent housing), as people necessarily must sleep 35 somewhere, the issue will not be resolved by this Court decision. One consideration, 36 though, is that the legal process might assist in encouraging people to take advantage of 37 available resources, but current laws do not allow people to be forced to accept shelter, 38 and people can decline to accept shelter.”

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Packet Pg. 416 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) 16 ITEM BY COUNCILMEMBERS DAN HALL, BARRY SNELL, AND MAYOR PRO TEMPORE

CAROLINE TOROSIS
Amending SMMC Prohibitions on Certain Comfort Items for Unhoused Individuals

Page 2 of 2 ends

39 We find that a ban on sleeping bags and bedrolls to be an inappropriate conflation 40 of comfort items with “encampments,” an ineffective tool to combat the chronic issue of 41 homelessness, and against the values we hold as a community of treating our unhoused 42 neighbors with compassion, dignity, and respect. Implementing measures with the intent 43 of making our city inhospitable to fellow human beings in an attempt to force them to seek 44 shelter in Los Angeles does not solve our homelessness crisis, invites Los Angeles and 45 neighboring cities to do the same to us, and merely perpetuates the shell game the Los 46 Angeles region has played with our unhoused population for decades. 47 Our goal as City leaders is to entice unhoused individuals into housing and 48 services for long term stability and ensuring a clean and safe Santa Monica for our 49 residents, visitors, property owners, and businesses. 50 WE THEREFORE MOVE THAT THE COUNCIL:
51 1. Direct the City Attorney to return to Council with an ordinance that:
52 1.1. Amends Santa Monica Municipal Code (SMMC) Section 4.08.095, 53 Paragraph (b), Subparagraph (2) to remove reference to “sleeping bags” 54 and “bedrolls.”
55 1.2. Adds the following as Paragraph (d) to the same Section: “This ordinance 56 does not prohibit those who are unhoused or homeless from using sleeping 57 bags, blankets, pillows, and/or bedrolls while sleeping.” 58 2. Direct the City Manager to make any appropriate and necessary changes to 59 comply with the above direction, including an immediate deprioritization of 60 enforcement of the current ban on sleeping bags and bedrolls until the ordinance 61 is fully amended.
62 # # #

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Packet Pg. 417 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 418 Attachment: Council Direction January 28, 2025 (6897 :

Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 419 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 420 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 421 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 422 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 423 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

4.F.a
Packet Pg. 424 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: Genise Schnitman <[email protected]>
Sent: Monday, January 27, 2025 9:28 PM
To: Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Barry Snell; Ellis Raskin; Natalya Zernitskaya; councilmtgitems
Subject: 16 item regarding amendment of Santa Monica Municipal Code Section 4.08.095 prohibiting certain comfort items for unhoused individuals.

EXTERNAL
I write to express my utmost support for the proposed recission of the cruel and pointless decision by the former Council to prohibit the possession and use by unhoused persons of "sleeping bags, blankets, pillows, and/or bedrolls while sleeping” on our Santa Monica streets.

To deny fellow human beings the use of these simple, basic, and meager comfort items is simply mean, punitive, and a breach of the most fundamental sense of compassion and decency. I am gratified to see this step in the direction of restoring the kind of informed, thoughtful, and empirically validated policymaking for which Santa Monica had developed a proud reputation over decades and that was betrayed when that disgraceful decision was taken.

I urge every member of this Council to vote yes on the 16 item brought by Councilmembers Torosis, Hall, and Snell that directs the City Attorney to return with an ordinance amending Santa Monica Municipal Code Section 4.08.095 prohibiting certain comfort items for unhoused individuals.

Thank you,
Genise Schnitman,
fortunately housed in this fortunate city for forty years (since August, 1984) Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 425 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Monday, January 27, 2025 10:59 PM
To: councilmtgitems; Council Mailbox; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall
Cc: David White; [email protected]; Santa Monica Forward Subject: Support for Agenda Items 16k and 16N
Attachments: 2025-01 CC Support items 16K and 16N SaMoSSA-SMF.pdf

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis and City Council members, Please find a joint support letter for agenda items 16K and 16N from the Santa Monica Safe Streets Alliance and Santa Monica Forward.

With sincere appreciation,
Cynthia Rose, Cris Gutierrez, Brad Ewing & Carl Hansen
--
Cynthia Rose and Cris Gutierrez
Co-Chairs
Santa Monica Safe Streets Alliance
SaMoSafeStreets.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 426 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095)

January 27, 2024
RE: Support for Agenda Items 16K and 16N
Dear Mayor Negrete, Mayor Pro Tem Torosis and City Council members:

The Santa Monica Safe Streets Alliance and Santa Monica Forward would like to express our full support for the following items:

Support item 16K to undo the previous harm that criminalized homelessness and targeted our most vulnerable with the abject cruelty of taking warmth and basic comfort from folks without a home by adding the mere existence of “sleeping bags, or bedrolls” to the description of an encampment to section 1A. We applaud the proposed updated ordinance for section 1.1 to remove reference to “sleeping bags” and “bedrolls.” We also appreciate the renewed compassion of adding to section 1D “This ordinance does not prohibit those who are unhoused or homeless from using sleeping bags, blankets, pillows, and/or bedrolls while sleeping.” to the existing no camping ordinance. These updates better represent who we are in Santa Monica. Thank you.

Support item 16N: With the ongoing housing crisis we thank Council for taking leadership to facilitate diverse housing choices in the City of Santa Monica - specifically proposing an ordinance to amend the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential in the highest opportunity areas. In this current housing crisis we applaud our leadership for proposing to “removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes” and for ensuring that no standards within the ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs. Thank you
Thank you, City Council, for being leaders with intelligence, responsibility and a heart as you solve problems. We support and thank you for the proposed items 16K and 16N, and for leading responsibly and honorably.

Sincerely,
Cynthia Rose Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SaMoSafeStreets.org
Brad Ewing and Carl Hansen
Co-chairs, Santa Monica Forward
Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 427 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) 2 David Yakobson
From: Dustin Shahan <[email protected]>
Sent: Monday, January 27, 2025 9:24 PM
To: councilmtgitems
Subject: Support Item 16K

EXTERNAL
Good evening council,
Please support item 16K. Sleeping bags and pillows are not a threat to anyone in this city, and if that's an individual's only crime the police have better things to do. There are plenty of other reasons to justify intervening for issues that are actually impacting public safety.

Dustin Shahan
90401
Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 428 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: Santa Monica Democratic Club <[email protected]> Sent: Monday, January 27, 2025 1:28 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Subject: Item 16K - SUPPORT
Attachments: Jan 28 Letter to Council SUPPORT 16K.pdf

EXTERNAL
Please see attached letter from the Santa Monica Democratic Club Executive Board regarding Item 16K of the January 28, 2025, City Council meeting.

Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 429 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) President
Jon Katz
VP Political Action
Derek Devermont
VP Membership
Michael Soloff
VP Programs
Sam Cozolino
VP Communications
Susan Sheu
VP Diversity & Inclusion
Keith Coleman
VP Legislation
Isabel Storey
Treasurer
Luis Barrera Castañón
Recording Secretary
Lynn Cervini
At-Large
Patricia Hoffman
Dolores Sloan
January 27, 2025
Mayor Negrete, Mayor Pro Tempore Torosis, and City Councilmembers:

Last September, the Santa Monica Democratic Club wrote to the previous council, asking them to oppose the proposed ordinance which criminalizes homelessness by outlawing personal items such as pillows and blankets. This draconian policy does nothing to prevent homelessness or public camping. Instead, it creates a new burden on those experiencing hardship. With the unfortunate passage of this ordinance, we are now asking the least fortunate among us to exacerbate their situation even further.

This deeply misguided decision by the former council was not well regarded by the Santa Monica voters, who made the treatment of our unhoused community one of the top issues of the election. And their voice was clear: we reject this cruel ordinance and expect a higher standard of treatment for our community.

We are grateful to Councilmembers Hall, Snell, and Mayor Pro Tempore Torosis for this opportunity to reconsider this backward policy. We should all agree that a focus on real long-term solutions for our unhoused population is a better way to engage on the serious regional issue of homelessness than to make life so intolerable as to scare these people away. Whether they are on the streets of Santa Monica or we pursue a policy of pushing them just on the other side of the border in Los Angeles, they are here and a part of our community.

This is a scary time for so many vulnerable communities given the early actions by the new presidential administration. Santa Monica has an opportunity to show the world who we are. Let’s be that beacon of hope that we aspire to. Vote Yes on 16K.

Sincerely,
President, Santa Monica Democratic Club
On Behalf of the Executive Board
P.O. Box 1052 • Santa Monica,CA 90406 • 215-962-4357 • [email protected] Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 430 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: Caro Vilain <[email protected]>
Sent: Monday, January 27, 2025 11:00 AM
To: councilmtgitems
Subject: I support item 16K

EXTERNAL
Dear council,
I strongly support item 16K.

It has been clear from the day it was proposed that this ordinance doesn't accomplish anything that improves lives in our community. It does nothing to combat the housing crisis and only harms people who are already in an extremely vulnerable situation.

A person who's experiencing homelessness and currently going through the system to become housed recently spent the night outside of my apartment building because they didn't make it into a shelter that night. Since they didn't have a blanket or sleeping bag, they used trash bags filled with recyclables to stay warm. I fail to see how forcing more people to do the same will help anyone. As if sleeping on the street wasn't terrible enough, making it illegal to stay warm when one does so can only aggravate people's mental and physical health. We can do better.

Thank you for this item. This is why people voted for you. I support item 16K.

Caro Vilain, 90404
Item 16-K
January 28, 2025
Item 16-K
January 28, 2025

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Packet Pg. 431 Attachment: Council Direction January 28, 2025 (6897 : Camping Ordinance Update SMMC 4.08.095)

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City Council Meeting: February 25, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 4.08.095, PROHIBITION AGAINST

CAMPING IN PUBLIC PLACES, TO OMIT CERTAIN COMFORT ITEMS FROM THE

DEFINITION OF CAMP FACILITY
WHEREAS, Santa Monica Municipal Code Section 4.08.095 prohibits camping in prohibited public places; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance Number 2728 (CCS) (Ordinance 2728), amending Section 4.08.095 in response to a ruling from the Ninth Circuit Court of Appeals in Johnson v. City of Grants Pass (Grants Pass), which held that it is “cruel and unusual punishment” in violation of the Eighth Amendment to the United States Constitution to prohibit individuals that are “involuntarily” unhoused from sleeping or using blankets, pillows, sleeping bags, cardboard boxes, and other rudimentary protections against the weather on public property, unless shelter space is available; and
WHEREAS, for consistency with the Ninth Circuit’s decision, Ordinance 2728 amended Section 4.08.095 by: 1) removing sleeping bags and bedrolls from the list of items that could be used to determine whether an individual has erected a camp facility for the purpose of living accommodations in a public place in violation of Section 4.08.095; and 2) adding language clarifying that unhoused individuals are not prohibited from using “sleeping bags, blankets, pillows, and/or bedrolls while sleeping”; and WHEREAS, on June 28, 2024, the United States Supreme Court issued its decision in Grants Pass, overturning the Ninth Circuit and holding that regulating camping

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on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment; and
WHEREAS, The Supreme Court held that legislative bodies, rather than courts, are the appropriate decision maker when determining criminal regulations and penalties for camping in public, and the Court acknowledged legislative bodies have broad discretion in this regard, while further acknowledging that a number of Constitutional and common law protections still apply; and
WHEREAS, in response to the Supreme Court’s decision in Grants Pass, on September 24, 2024, the City Council adopted Ordinance Number 2789 (CCS), repealed the changes made by Ordinance 2728 by: 1) adding sleeping bags and bedrolls to the list of items that could be used to determine whether an individual has erected a camp facility for the purpose of living accommodations in a public place in violation of Section 4.08.095; and 2) removing language clarifying that unhoused individuals are not prohibited from using “sleeping bags, blankets, pillows, and/or bedrolls while sleeping”: and WHEREAS, the City Council finds that a ban on sleeping bags and bedrolls to be an inappropriate conflation of comfort items with “encampments,” an ineffective tool to combat the chronic issue of homelessness, and against the values we hold as a community of treating our unhoused neighbors with compassion, dignity, and respect; and
WHEREAS, implementing measures with the intent of making our city inhospitable to fellow human beings in an attempt to force them to seek shelter in Los Angeles does not solve our homelessness crisis, invites Los Angeles and neighboring cities to do the

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same to us, and merely perpetuates the shell game the Los Angeles region has played with our unhoused population for decades; and
WHEREAS, our goal as City leaders is to entice unhoused individuals into housing and services for long term stability and ensuring a clean and safe Santa Monica for our residents, visitors, property owners, and businesses; and WHEREAS, the Council now desires to amend Section 4.08.095 to omit from the definition of “camp facility” certain items.

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

SECTION 1. Section 4.08.095 of the Santa Monica Municipal Code is hereby amended as follows:

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public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica.
(c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks.

SECTION 2. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

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

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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

4.F.b
Packet Pg. 436 Attachment: ORD-CAO-Camping (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: John Cyrus Smith <[email protected]>
Sent: Tuesday, February 25, 2025 11:39 AM
To: Lana Negrete; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Barry Snell; Dan Hall; Jesse Zwick; councilmtgitems; [email protected]; Elaine Polachek Subject: Council Meeting Item 2. Public Input (Consent Calendar Item 4F-Camping Ordinance) Attachments: 1 MILES FENCED.jpg; 2 RP REED PROGRESS LTR TO CC 110824.pdf; 3 CAMERA AT REED.jpg; 5 WILMONT BIBLE EYSORE 2.jpg; 7 WILMONT EVENT.JPG; 8 SMDP CAMP SPIKE.PNG; 4 POLICE AT REED.jpg; 6 BIBLE EYESORE FENCED.jpg

EXTERNAL
Dear Mayor, Council and interim City Manager,
Please pull this consent item for discussion and reconsider any changes to the camping ordinance. I will use the attached (and numbered items) 8 items in my comments tonight and have asked the City Clerk to have them ready.

Before then, please keep this in mind...
"Good intentions often have unintended consequences."
Thank you,
John Cyrus Smith
[email protected]
Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 437 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 438 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Recreation and Parks Commission
November 8, 2024
Mayor and City Council Members
City of Santa Monica
1685 Main Street
Santa Monica,CA 90401
Re: Public Safety at Reed Park
Dear Mayor, Council Members and City Manager,
The Recreation and Parks Commission recently received a wide-ranging public safety update on Reed Park following a homicide in an alley nearby. The Commission asked for the briefing because members feel the city and police department have made recent progress in addressing some of the public safety challenges that have plagued the park at various times for decades.

That progress includes:
--Funding for the planned re-imagining of the Miles Playhouse and areas around it…
--The installation of a new hi-tech video surveillance system… --A noticeable and increased police presence during peak daylight hours to discourage and prevent open drug use and smoking at the park… --Successful efforts by Code Enforcement to force the owner of an eyesore property across from Reed to fence off and secure the property so it is no longer a hangout for homeless populations…
--A recent SCOTUS ruling and Council action to dissuade flagrant camping in parks…
--A series of fun, family-oriented summer music and movie events at Reed cosponsored by the Wilshire Montana Neighborhood Coalition with financial support from the city and SMPD…
Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 439 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Ever since the last event in mid-September, the Santa Monica Police Department has worked to prioritize putting a Public Safety Officer at the park during daylight hours whenever possible. Flagrant drug use at the park has lessened substantially since. Encouraged by the positive changes and recent developments, the Commission discussed and voted, 7-0, to make the following recommendations:
--Consider new, strategic signage that specifically targets illegal activities such as “No Drug Use Allowed”, “No Smoking Permitted” and “This Park is under Video Surveillance”…
--Continued Public Service Officer “rollcalls” as much as possible… --Continued PSO presence during daylight hours as much as possible… --A return to two-person Ambassador teams whenever possible… --Consider a return of city-sponsored events such as “Meet Me At Reed” or perhaps a new series of Saturday concerts in June or July similar to “Americana in the Park” at Gandara…
--The creation of “tree aprons” around certain trees in the center of the park to protect them from root compression and to discourage day-camping by groups of individuals who frequent the park…
--A possible police substation/work station at the park if space/resources are available…
We recognize and appreciate all the work the Council, city staff and SMPD are doing to help make Reed Park more inviting and appealing to everyone. We believe the above recommendations will go a long way towards that goal.

Sincerely,
Chair Steven Johnson
Recreation and Parks Commission
Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 440 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 441 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 442 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 443 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 444 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 445 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 446 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: Robert Vartan <[email protected]>
Sent: Tuesday, February 25, 2025 11:24 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; councilmtgitems
Subject: Strong Opposition to Proposed Amendment to SMMC Section 4.08.095

EXTERNAL
Dear Councilmembers,
I am writing to express my strong opposition to the proposed amendment to Santa Monica Municipal Code Section 4.08.095, which seeks to remove the prohibition on sleeping bags and bedrolls for unhoused individuals in public spaces.

I am deeply concerned that this amendment will have serious negative consequences for public safety, public health, and the overall well-being of Santa Monica residents, visitors, and business owners.

Public Safety Risks
Santa Monica is already facing significant challenges regarding crime, drug use, and public disturbances related to its growing homeless and transient population. By allowing sleeping bags, bedrolls, and other comfort items, this amendment removes a deterrent against large encampments forming in public spaces, increasing risks such as:
 Higher crime rates, including theft, vandalism, and drug-related incidents in public areas.  Unsafe environments in parks, sidewalks, and commercial districts, making public spaces less accessible for families, residents, and tourists.
 Greater strain on law enforcement resources, diverting attention from other critical safety concerns.

Public Health Hazards
Homeless and transients are widely recognized public health risks, and loosening these regulations will likely lead to:
 Increased waste accumulation, including human waste, used needles, and trash, which pose serious sanitation issues.
 Greater exposure to communicable diseases, as makeshift sleeping areas create unsanitary conditions that facilitate the spread of illnesses.
 Higher risks of fires and other hazards, as bedding materials and cooking increase the potential for destructive incidents.

Impact on Santa Monica's Future & Regional Consequences Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 447 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) 2 This amendment does not address the root causes of homelessness—it merely makes Santa Monica a more attractive destination for unhoused individuals, particularly when neighboring cities have implemented stricter policies. If this measure is adopted:
 Santa Monica will likely experience an influx of homeless individuals from surrounding areas, exacerbating existing problems.
 Nearby municipalities, with stricter enforcement policies, may divert their homeless populations to Santa Monica, further burdening local resources.  Residents, visitors, and businesses may avoid Santa Monica due to safety concerns, impacting the city’s economy and reputation.

New City Council's Campaign Promises vs. This Amendment During their campaigns, the newly elected City Council members strongly emphasized their commitment to addressing and reducing homelessness in Santa Monica. Voters supported them based on their pledges to implement effective solutions that would restore safety, order, and livability to our city.

This amendment, however, directly contradicts those promises by enacting policies that will likely increase the presence and deteriorate public spaces. If this measure passes, it will signal to residents that these commitments were merely political rhetoric rather than actionable policy.

I appreciate your time and consideration of these concerns. I look forward to hearing how the City Council plans to address this matter in a way that prioritizes the will of the majority of lawabiding taxpayers in the Santa Monica community.

Sincerely,
Robert
Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 448 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) 3 David Yakobson
From: Dustin Shahan <[email protected]>
Sent: Tuesday, February 25, 2025 10:26 AM
To: councilmtgitems
Subject: Support Item 4F

EXTERNAL
Good morning Council,
As stated below for the previous meeting, I still encourage your support for this item.

Dustin Shahan
90401
---------- Forwarded message ---------
From: Dustin Shahan <[email protected]>
Date: Mon, Jan 27, 2025 at 9:24 PM
Subject: Support Item 16K
To: <[email protected]>
Good evening council,
Please support item 16K. Sleeping bags and pillows are not a threat to anyone in this city, and if that's an individual's only crime the police have better things to do. There are plenty of other reasons to justify intervening for issues that are actually impacting public safety.

Dustin Shahan
90401
Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 449 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) 1 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Monday, February 24, 2025 1:19 PM
To: councilmtgitems; Council Mailbox
Cc: Caroline Torosis; Jesse Zwick; Dan Hall; Natalya Zernitskaya; Lana Negrete; Ellis Raskin; Barry Snell
Subject: In Support: Item 4F

EXTERNAL
Dear Santa Monica City Council,
As a voter, resident, and parent, I support the proposed ordinance in Item 4.F. The existing municipal code is cruel, and it saddens me deeply to see our welcoming City have on the books a both literal and figurative blanket ban. It is time to repeal it.

The existing code criminalizes people with no other place to go, for merely seeking shelter when they otherwise lack anywhere else safe to sleep. It does nothing to solve homelessness, merely forcibly pushing people from place to place. It wastes our tax dollars while accomplishing very little. Legal scholars have argued that such ordinances violate basic human rights. The crisis requires far more beds and shelter space than we have available.

I hate to see the City side with the conservative wing of the Supreme Court here.

Having had unhoused people take shelter in my car ports before, and living myself just next door to a residence housing the formly unhoused, I know that compassion is needed and that our unhoused neighbors simply want a home first and foremost.

Thank you for this move in the right direction.

Jacob Wasserman
11th and Washington
90403
Item 4-F
February 25, 2025
Item 4-F
February 25, 2025

4.F.c
Packet Pg. 450 Attachment: Written Comments (6897 : Camping Ordinance Update SMMC 4.08.095) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 5.C
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code § 54956.8: properties:
2033-2101 Virginia Avenue; owner of record: Community Corporation of Santa Monica; City negotiators: Heather Averick, Director of Housing and Human Services, and Natalie Verlinich, Housing Manager; owner negotiator:

Tara Barauskas; under negotiation: price and terms of payment Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. Written Comments

5.C
Packet Pg. 451
1 David Yakobson
From: Freddy Luis <[email protected]>
Sent: Tuesday, February 25, 2025 11:52 AM
To: councilmtgitems
Subject: Agenda item 5C-Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Freddy Luis, and I have been a resident of Santa Monica for 48 years. I am writing about the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for over 40 years and would like to continue to do so.

Mayor Negrete, much like yourself I went through the Santa Monica Unified School system. I am also an alumni of Samohi. Also much like you, rent control has allowed me to build a community here in Santa Monica. Buying a home here is out of reach for so many of us locals, but we are still here and love our city. You understand how these communities diversify and make this town special. Thank you and your family for the Music Center. It helped me on my failed, but fun attempts at playing the flute and the guitar.

May pro tem Toresis, I know you are a big advocate for public safety. A tight knit community is known to have a positive impact on keeping crime rates down. It is a solid first step towards having safe neighborhoods when you have neighbors looking out for each other out volunteering in the community. This building has over 30 families that create this type of community. Personally I volunteer at various events throughout the city and county. Having affordable housing also has an impact for shopping local. I avoid big box shopping as much as I can. Frequenting our local coffee shops, Co-op, restaurants, and retail shops. I would also like to thank you for your work with tenant harassment.

Council member Zwick, you champion affordable housing. What better way to stand behind that than by supporting our community and keeping all of these locals in this city? We have many seniors on fixed income here and they would love your support. Much like yourself I also am a champion of sustainability. I walk, bike, and use mass transit as much as possible. I work 20 miles away from home but I have committed to driving 5000-6000 miles a year. Santa Monica lends so well to being a walkable city. On a more personal note I am a fan of you and your father’s work. Parenthood has been one of my favorite shows. I worked in the industry for 20 years and know how tough it is to make it there. Also like you I have moved on and am now working with the Spiritual Care team at LA General.

We need to learn from history, both of this country and this city. From Chavez Ravine, the 10 freeway in Santa Monica, the Inkwell also here in Santa Monica which later became Casa Del Mar, to Manhattan beach. Removing tight knit communities is not the right way to make neighborhoods better. People of color; whole communities of them, have been displaced time after time in the name of progress or for the “greater good”. We beg you not to repeat the same mistakes. This time you can be on the right side of history.

If renovations can’t be worked out this fiscal year we ask that the demolition of this building not be allowed to go forward until a creative solution can keep this thriving community to stay here under rent control.

We hope that by sharing our stories we can help everyone understand that what is at stake is more than just a building- it is a way of life, a piece of history and the very essence of what make a place feel like a home. We all love Santa Monica, what we are asking is that Santa Monica love us back.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 452 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 2 Freddy Luis
Department of Spiritual Care
LA General Medical Center
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 453 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: Tony Huizar <[email protected]>
Sent: Tuesday, February 25, 2025 11:56 AM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave 2033-2101 Virginia Avenue

EXTERNAL
Dear Santa Monica City Council Members,
I am a lifelong resident of our city writing in support of preserving the current structures at 2033-2101 Virginia Avenue, funding the necessary improvements and asking the City to honor and respect the wishes of the residents they work for. I hear the buzz words, equity, low-income housing, affordable housing, yet I see no action to back those words when it comes to the application of these concepts towards long time residents and the preservation of our neighborhood. When is enough, enough? The Pico Neighborhood houses more than its fair share of development for affordable housing and Virginia Avenue itself has become a Boulevard of cars every morning and evening during rush hour. When I sat in a freshman urban studies class at UC Berkeley, tagged "Geography of People," I was given enough tools to predict the changes coming to Santa Monica, this was 1989. I was correct in predicting the obvious decline of the industrial corridor along our mid-city, the influx of entertainment and technology, and the social disparity in the placement of the freeway continuing, what I did not foresee was the 1992 Civil Unrest and the 1994 Northridge earthquake displacing thousands of residents, specifically in the Pico Neighborhood. Council members, we just witnessed two entire communities displaced by fires, totally out of anyone's control and government scrambling to rebuild, so now why would you go down in the books as a city council that displaced 36 families when you have the control to stop the displacement.

Please demonstrate that you truly care about the residents, do the right thing, furthermore these tenants are protected by rent control.

With gratitude,
Tony Huizar
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 454 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 2 David Yakobson
From: Tony Ponce <[email protected]>
Sent: Tuesday, February 25, 2025 11:02 AM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Good morning city council members,
My name is Antonio Ponce, and I have lived at 2033 Virginia Ave for 42 years, been here since before the dinosaurs on the promenade. Im writing you this morning with a heart full of anxiety.

My community is in danger of being torn apart. Our apartment complex is on the chopping block and we need your help.

I am asking you to please help us and approve the funding needed to rehab our building. Our community needs to be protected by the city of Santa Monica so we can stay under rent Control. Whether it’s rehab or rebuild, rent control needs to stay.

As the city council, you hold our future in your hands. You have the power to write in any rules / requirements in whatever agreement is made with CCSM.

I refuse to believe that building more affordable units is worth displacing our community. Even if that means losing one family in the process. If it’s ok to get rid of multi generations of Santa Monica natives, then when does it stop?
I hope you find it in your power to help us stay.

Thank you for your time.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 455 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 3 Antonio Ponce
2033 Virginia Ave.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 456 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: Saturnino Martinez <[email protected]>
Sent: Monday, February 24, 2025 8:32 PM
To: councilmtgitems
Subject: Punto 5C del orden del día Febrero 25

EXTERNAL
Estimado alcalde Negrete y miembros del Concejo Municipal de la Ciudad de Santa Mónica:

Mi nombre es Saturnino Martínez y he sido residente de Santa Mónica durante 30 años. Estoy escribiendo sobre el proyecto de Community Corporation en Virginia Avenue. Mi familia y yo hemos vivido en este complejo durante 30 años y nos gustaría seguir haciéndolo.

Le solicito que apruebe el préstamo de $10 millones solicitado para comenzar el proyecto de renovación del complejo de Virginia Avenue. Esto es importante porque mi apartamento es esencial para seguir viviendo en un lugar seguro y asequible. Desaprobar este préstamo y proyecto causaría un gran inconveniente para muchas familias y perturbaría una comunidad existente dentro de la ciudad de Santa Mónica.

Si no puede aprobar el préstamo de $10 millones y nuestro edificio es finalmente demolido, incluya en los documentos del préstamo una disposición que garantice nuestro derecho a regresar bajo control de alquiler mientras mantenemos nuestro contrato de alquiler actual.

Por favor, apoye a su comunidad y a sus electores apoyándonos, conservando nuestros hogares y aprobando la financiación del proyecto Virginia Avenue Community Corp.

Por favor, agrégueme a la lista de partes interesadas e inclúyame en todas las notificaciones futuras sobre este tema del Consejo.

Gracias por su atención a este importante asunto.

Sinceramente,
Saturnino Martinez
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 457 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: Marcos Ponce <[email protected]>
Sent: Tuesday, February 25, 2025 9:10 AM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
My name is Marcos Ponce, and I lived in Santa Monica for 30 years. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have long been part of our community.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Marcos R. Ponce
LifeLong Community Member
310.483.0094
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 458 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 2 David Yakobson
From: David L <[email protected]>
Sent: Tuesday, February 25, 2025 8:28 AM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
My name is David Luis, and I have lived in Santa Monica for 39 years. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the muchneeded renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have long been part of our community.

Furthermore, if the loan is not approved and the building is ultimately demolished, we request that the loan documents explicitly guarantee residents the right to return under rent control, preserving their existing rental agreements. If the city lacks the necessary funds, demolition should not proceed until a creative solution is in place to ensure we remain under rent control.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.
please help keep us in our home
We are Santa Monica
David Luis
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 459 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 3 David Yakobson
From: Katya Echavez <[email protected]>
Sent: Tuesday, February 25, 2025 7:47 AM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
My name is Katya, and I have lived in Santa Monica for 5 years. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have long been part of our community.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 460 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 4 David Yakobson
From: Brian O'Neil <[email protected]>
Sent: Tuesday, February 25, 2025 12:26 AM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan.Hall. @santamonica.gov; Barry Snell; Ellis Raskin; Natalya Zernitskaya Cc: Heather Averick; PNA; Brian ONeil
Subject: 2/25/25: Item 5C (closed session) PNA Statement RE CCSM 2033-2102 Virginia Ave Residents

EXTERNAL
February 24, 2025
To: City Council members
From: Board of Directors, Pico Neighborhood Association (PNA) Re: 2/25/25 Item 5C (closed session) – Conference RE 2033-2101 Virginia Ave.

CCSM Building
The PNA Board is writing to support the request of the residents of CCSM’s property at 2033-2101 Virginia Ave that the City of Santa Monica approve the loan being sought by Community Corp to initiate the much-needed renovation of the Virginia Ave apartments, in lieu of demolishing the building and displacing the 103 long-time residents in the heart of the Pico district.

In a city that prides itself on standing up for renters’ rights, social justice, and preserving diversity, we believe the plight of the current residents at 2033-2101 Virginia should be of utmost consideration.

Councilmember Zernitskaya attended this month’s PNA Board meeting a couple of weeks ago and was able to hear first-hand of the situation from several residents. We have heard that Councilmembers Snell and Raskin have also been able to recently meet with tenant representatives about this matter. We welcome the efforts of Zernitskaya, Snell, and Raskin to get more informed, and hope they will be able to share their insights with the rest of the council in closed session.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 461 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 5 Why the CCSM building was allowed to fall into such disrepair in the first place is a question for another day. Right now the priority should be to do everything possible to see that the building is upgraded ASAP and that the current renters maintain their rentcontrolled apartments.

Per the residents, the community of 2033-2101 Virginia Ave is made up of:
103 tenants across 36 units, with 34 designated as low-income housing. We are a diverse and tight-knit group, deeply rooted in Santa Monica for 3 generations. • 82 adults and 21 children (all attending Santa Monica schools) • 85% Latino, 14% African American, 1% other
• 21 senior citizens, with 18 retirees
• 13 tenants with disabilities
• 85% of our tenants work in Santa Monica, including city workers and first responders
• 6 students currently attending Santa Monica College
• 6 cats, 11 dogs, and 3 birds add to our community spirit Our families have a long history in this building, with most moving in between 1970 and 1988. We take pride in giving back—over 90% of our families volunteer locally, and over 80% rely on Santa Monica’s clinics, food banks, and community services.

We are more than just tenants—we are neighbors, workers, and lifelong members of the Santa Monica community.

Again, the right thing to do is to fight for the values that Santa Monica professes are paramount -- renters’ rights, affordable housing, and racial equity – by doing everything to preserve the home of these 103 Santa Monica renters.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 462 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 6 Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Thank you for your studied consideration of these concerns.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 463 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 7 David Yakobson
From: Luigi Flores <[email protected]>
Sent: Monday, February 24, 2025 10:56 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Luigi Flores, and I have been a resident of Santa Monica for my whole life. I am writing about the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for 42 years and would like to continue to do so.

I am asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. This is important because I was born and raised in this community and I now have 8 year old son and a 3year old daughter being raised in this same community. Our family survival is dependent on living in this rent control apartment . To disapprove of this loan and project would cause a great inconvenience for many families and disrupt an existing community within the City of Santa Monica.

If you are unable to approve the $10M loan and our building is ultimately demolished, please include in the loan documents and provision ensuring our right to return under rent control while maintaining our current rental agreement.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Luigi Flores
Sent from my iPhone
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 464 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 8 David Yakobson
From: Diana Alfano <[email protected]>
Sent: Monday, February 24, 2025 10:45 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Diana Alfano- Flores, and I have been a resident of Santa Monica for 20 years. I am writing about the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for 20 years and it is imperative for my family that we continue to live here.

I am asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. My two children attend school here in Santa Monica within walking distance of our home. My son who is autistic, also has weekly therapy and doctors appointments within walking distance to our home. The support I receive from my neighbors is vital to our family. My son who has been bullied, is safe, loved and has a true place to belong because of our community. For example my amazing community just band together to throw him an 8th birthday party. I have attached photos. To disapprove of this loan and project would destroy our family. As a smalI business owner in Santa Monica, would have to choose between my children's needs and roof over our head. Our family is deeply tied to this community. I am very involved with the local PTA, SM Boys and Girls Club and special needs groups.

The last two years I have hosted the Santa Monica Community Holiday Fair at Saint Anne Church and School. During the fires I delivered food and drink supplies to our local fire stations. We LOVE our community and this great city. I even named my daughter Monica after this city. Santa Monica is our life line. Our family's survival depends on staying in our community under rent control. We could never afford to live anywhere near Santa Monica if we lost our rent controlled unit.

If you are unable to approve the $10M loan and our building is ultimately demolished, please include in the loan documents a provision ensuring our right to return under rent control while maintaining our current rental agreement.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Diana Alfano-Flores
310-629-3315 cell
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 465 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 9 Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 466 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 10 David Yakobson
From: Zakiya - <[email protected]>
Sent: Monday, February 24, 2025 8:53 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Greetings:

My name is Zakiya and I have been a Santa Monica resident for 15 years who supports the Virginia Avenue Community Corporation Project. I urge the members of city council to approve the requested $10 million dollar loan to initiate the much-needed renovations of the Virginia Avenue Apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have lived in that apartment community for generations.

Denying this loan would displace most of the residents who currently live in the building(s), disrupt an established neighborhood, and undermine the very values Santa Monica stands for.

We ask that you stand with your constituents and prioritize the well-being of those who call Virginia Avenue Apartments their home.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp Project.

Thank you for your time and commitment to the families and your neighbors living in Virginia Avenue Apartments.

In solidarity,
Zakiya
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 467 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 11 David Yakobson
From: SHARON <[email protected]>
Sent: Monday, February 24, 2025 8:32 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Sharon Daniels, and I have been a resident of Santa Monica for 28 years alongside of my husband, Joe Daniels, whom has lived at the Virginia Avenue complex for over 45 years. We started a life together here and have created many memories and met a lot of amazing people.

We are asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. This is important because I, Sharon Daniels, have recently gained employment with the city of Santa Monica as a Motor Coach Operator and my location has afforded me to be available whenever I am needed. Many of the tenants as well as Joe and myself could become displaced or even homeless if this loan is not approved. I recently completed my new hire orientation; I remember hearing how Santa Monica City homeless population was decreasing. All the tenants living in the Virginia Avenue complex would cause a spike to the homeless population. To disapprove this loan and project would cause a great inconvenience for many families and disrupt an existing community within the City of Santa Monica.

If the city lacks the necessary funds, demolition should not proceed until a viable solution is secured to ensure we remain under rent control.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Joe Daniels and Sharon Daniels
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 468 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 12 David Yakobson
From: Matre <[email protected]>
Sent: Monday, February 24, 2025 6:19 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear members of the Santa Monica City Council,
My name is Matt Sawaya, and I'm a second generation Santa Monica native. My mother, Sherri Sawaya, grew up in Santa Monica and attended Santa Monica schools, as did I, from K through 12. Like many Santa Monica locals, I have a deep love for our city, and I want to start by thanking you for all your work in support of Santa Monica's continued well-being.

I'm writing because I'm deeply concerned about the potential displacement of friends and neighbors, and fellow Santa Monica locals, at the Virginia Ave. Apartments. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave Apartments. This project is essential for preserving affordable housing and ensuring stability for the families who have long been part of our community.

Denying this loan would displace many residents, disrupt an established neighborhood, and undermine the very values Santa Monica stands for. We ask that you stand with your constituents and prioritize the well-being of those who call Virginia Avenue home. Furthermore, if the loan is not approved and the building is ultimately demolished, we request that the loan documents explicitly guarantee residents the right to return under rent control, while maintaining their current rental agreements. Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Sincerely,
Matt Sawaya
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 469 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 13 David Yakobson
From: Joseph Luis <[email protected]>
Sent: Monday, February 24, 2025 5:40 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
To the Santa Monica City Council:

My name is Joseph Luis, 2nd generation at Virginia Ave. I grew up racing around the pathway of the center courtyard with the other kids, sliding down the huge metal rocket slide at the park across the street and took swim lessons at Santa Monica College. I am in part, a product of the culture of Santa Monica and of the community created around me at Virginia Ave. My family, parents, aunts, uncles, cousins, nieces, and nephews, have called this building home for over 40 years and while I am now in Arizona having moved around for work, the Virginia Ave complex is still what home in Santa Monica is to me. To us, the building is not an apartment complex. And while not owned by us in the same way people speak about their purchased houses, the apartments and the surrounding area have become engrained in the history of our families.

I urge the council to consider approval of the loan necessary for updating the homes of our families. It does not go unnoticed that what is being asked can be an important financial decision, and should not be taken lightly. However, consider that a displacement of our families is not only a derailment of what many have known as a home for generations, but also a precedent that could create future negative impact to the city. Approving aid for such improvements is an investment, essential to maintaining affordable housing, a commitment to equitable development and maintaining a vibrant community.

I submit that approval of the loan is in fact a strategic decision and a step in the right direction to a solution to the pressing housing challenges the city faces. The families that are at risk of being displaced are contributors to the local community and a genuine piece of the cultural fabric of Santa Monica. They work in the city’s industries, schools, and, often times in the background, have helped to create the backbone of the work force that is needed to maintain the core values and vision the city is looking to uphold. The alternative is bleak and with housing costs at unimaginable highs, families would likely have to leave the city. As the city continues to battle the negative impacts of gentrification, displacement would only increase the acceleration of economic inequity.

A number of you emphasized housing issues as a part of your platforms. Dan and Natalya, as renters yourselves supporting renter protections and investments in affordable housing. Barry, your thoughts on protecting renters, including seniors on fixed incomes, to Jesse, your well written essay on middle income housing (though I won’t hold it against you that you went to Harvard being an MIT grad myself). Affordable housing is a known issue and here is one of those opportunities where you are the group in position to make a positive impact.

It's an anxious time for our families at Virginia Ave. This isn’t just another day or a small crossroads. This could mean complete upheaval and absolute uncertainty for the future. We urge you to take action to preserve the integrity of this community.

Thank you for your dedication to protecting Santa Monica’s residents.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 470 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 14 Joseph Luis 2
nd generation
310-880-2340
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 471 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: Matthew Cook <[email protected]>
Sent: Monday, February 24, 2025 4:07 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
My name is Matthew Cook. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have long been part of our community.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Sent from my iPhone
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 472 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: Carlos Jimenez <[email protected]>
Sent: Monday, February 24, 2025 1:38 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Carlos Jimenez, and I have been a resident of Santa Monica for 28 years. Not only am I a resident but I was BORN AND RAISED in Santa Monica. I am writing about the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for 40+ years and would like to continue to do so.

I am asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. This is important because I was raised here in these wonderful apartments. This is my home and not only my home but my family’s home and my neighbors homes. To disapprove of this loan and project would cause a great inconvenience for many families and disrupt an existing community within the City of Santa Monica.

If the $10M loan is not approved and our building is ultimately demolished, the loan documents should explicitly guarantee our right to return under rent control while preserving our existing rental agreements. If the city lacks the necessary funds, demolition should not proceed until a viable solution is secured to ensure we remain under rent control.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Carlos Jiménez
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 473 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 2 David Yakobson
From: Carlos Jimenez <[email protected]>
Sent: Monday, February 24, 2025 1:35 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Carlos Jimenez
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 474 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 3 David Yakobson
From: erica renteria <[email protected]>
Sent: Monday, February 24, 2025 12:39 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Erica Renteria-Vasquez and I have been a resident of Santa Monica for 41 years. I am writing regarding the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for 41 years and would like to continue to do so.

I am asking you to please approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex.

This is extremely important for many reasons but most importantly because it is the only home I have ever known. It’s the most beautiful apartment building ever built in Santa Monica. It is a beautifully designed complex with an amazing courtyard and large magnolia trees. My family in addition to my longtime neighbors are all humble and genuinely good people.

Our homes are full of love and hold so many wonderful memories. We hope to continue in making more memories here. Losing our homes and displacing our families is unbearable and we are all frightened at this time.

To disapprove of this loan and project would cause a great disruption for many families and disrupt an existing community within the City of Santa Monica.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding. Thank you for your time.

Sincerely,
Erica Renteria-Vasquez
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 475 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 4 David Yakobson
From: Belen Rios <[email protected]>
Sent: Monday, February 24, 2025 9:16 AM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Belen, and I have been a resident of Santa Monica for 2 years. I am writing about the Community Corporation project on Virginia Avenue. I have lived in this complex for 2 years and would like to continue to do so. I am asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. This place isn’t just a home to us it’s a community that has embraced us with kindness and support. If this building is demolished and we are forced to leave, my daughter will lose the chance to grow up in the same neighborhood her father did, to attend Santa Monica schools, and to be surrounded by the wonderful neighbors who have helped me through the early days of motherhood. To disapprove of this loan and project would cause a great inconvenience for many families and disrupt an existing community within the City of Santa Monica. If the $10M loan is not approved and our building is ultimately demolished, the loan documents should explicitly guarantee our right to return under rent control while preserving our existing rental agreements. If the city lacks the necessary funds, demolition should not proceed until a viable solution is secured to ensure we remain under rent control. Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding. Please add me to the interested parties list and include me in all further notifications on this Council Item. Thank you for your attention to this important matter, Belen Rios
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 476 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 5 David Yakobson
From: Dima Liberman <[email protected]>
Sent: Monday, February 24, 2025 9:13 AM
To: councilmtgitems
Subject: FW: 2/25/2025 Agenda Item 5C – Generations at Virginia Ave

EXTERNAL
Dear City Council,
My name is Dmitry Liberman, and I have been a proud resident of Santa Monica for 45 years. I’m writing today with deep concern and hope, asking you to approve the $10 million loan needed to begin the vital renovation of the Virginia Avenue apartments.

For decades, these apartments have been home to families who are the heart and soul of our community. This project isn’t just about buildings—it’s about preserving the sense of belonging and stability that these families have built over the years. Without this loan, many residents face the heartbreaking reality of being displaced, losing not just their homes but also the community they’ve grown up in and contributed to.

Santa Monica has always stood for inclusivity, compassion, and protecting those who need it most. Approving this loan would be a strong affirmation of these values, ensuring that the families who have long called Virginia Avenue home can continue to do so safely and securely.

If, however, the loan is not approved and the building is demolished, I respectfully ask that the loan documents include strong protections—guaranteeing all current residents the right to return under rent control and with their existing rental agreements intact.

Please stand with your community and help keep these families in their homes. Your decision has the power to protect not just housing but the very fabric of our neighborhood.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 477 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 6 Thank you for your time, care, and commitment to Santa Monica.

Sincerely,
Dmitry Liberman
(310) 985-0893
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 478 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: [email protected]
Sent: Sunday, February 23, 2025 7:14 PM
To: councilmtgitems
Attachments: text.000000.txt

EXTERNAL
DearMayor Negrete and City of Santa Monica,City
Council Members. My name is Adelma Barrera,and
I have been a resident of Santa M 贸 nica for 33
years. I writing about the Community Corporation
project on Virginia Avenue.My family and I have live
on this complex for 33 years and souls like to
continue yo do so. I am asking you to approve the
reques 贸 n $10M loan to begin the renovaci 贸 n
project of Virginia Avenue complex.This is
importante because parte the our life is here, in
Virgina Avenue,Santa M 贸 nica is our home,is
everything for us. To disapprove of this loan and
project would cause a great inconveniente for
many families and disrupt an existing Community
within the City of Santa Monica. If you are unable
to approve the $10M loan and our building is
ultimately demolished,please incluye un the loan
documents a provision ensurinf our right to retiran
under renta control Chile maintaing our cuenta
rental agreement. Please support your Community
and constituents by supporting us, retaining our
home,AMD approving the Virginia avenue
Community Corp project funding. Please add me
to the interesantes parties listos andinclude me in
all further notifications on this Council item. Thank
you for your argentino to this importante matter.

Adelma Barrera.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 479 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 2 Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 480 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 1 David Yakobson
From: Obby J <[email protected]>
Sent: Sunday, February 23, 2025 8:58 PM
To: councilmtgitems
Subject: 2/25/2025 agenda item 5c - generation sat Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Osvaldo, and I have been a resident of Santa Monica for 29 years. I am writing about the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for 29 years and would like to continue to do so.

I am asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. This is important because our neighborhood is changing rapidly. Our building is one of a few still standing with a community garden that is also used as a food bank. If our building was to be torn down it would change the dynamic of the neighborhood. Also, the community garden would be shut down. To disapprove of this loan and project would cause a great inconvenience for many families and disrupt an existing community within the City of Santa Monica.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Osvaldo Jimenez
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 481 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 2 David Yakobson
From: Soledad Jimenez <[email protected]>
Sent: Sunday, February 23, 2025 8:50 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
Dear Mayor Negrete and City of Santa Monica City Council Members, My name is Soledad, and I have been a resident of Santa Monica for 49 years. I am writing about the Community Corporation project on Virginia Avenue. My family and I have lived in this complex for 49 years and would like to continue to do so.

I am asking you to approve the requested $10M loan to begin the renovation project of the Virginia Avenue complex. This is important because this place is more than just a building; it is the heart of a community, a haven of memories, and a testament to the kindness of one man who believed in helping others. To disapprove of this loan and project would cause a great inconvenience for many families and disrupt an existing community within the City of Santa Monica.

Please support your community and constituents by supporting us, retaining our home, and approving the Virginia Avenue Community Corp project funding.

Please add me to the interested parties list and include me in all further notifications on this Council Item.

Thank you for your attention to this important matter,
Soledad Jimenez
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 482 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 3 David Yakobson
From: Peter Tigler <[email protected]>
Sent: Sunday, February 23, 2025 6:18 PM
To: councilmtgitems
Subject: 2033-2101 Virginia Ave

EXTERNAL
It is outrageous to think the City would allow CCSM to essentially Ellis its own building. With plans to what? Demolish and build high density? In an 'established neighborhood' which you have pledged to preserve? This scheme insults residents and should insult you. Say NO! Peter Tigler
2019 21st Street
Santa Monica CA 90404
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 483 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 4 David Yakobson
From: Rick Jennings <[email protected]>
Sent: Sunday, February 23, 2025 5:58 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
To Whom It May Concern:

Hope all is well. My name is Rick Jennings, and I have not only lived in Santa Monica for 24 years, but my wife and I have raised three children here as well. My children have all attended Santa Monica public schools and two of them have graduated from Santa Monica High with a third graduating from high school this year. They (along with my wife and I) have strong roots in the community: whether it be lifelong friends they have made from school or from activities like Santa Monica Pony Baseball. I tell people all of the time that the weather is great and the beach is nice, but it is the people of the community that make Santa Monica such a special place. Unlike other local cities and towns, we take pride in the diverse voices who make up our community. Everyone has a voice and is heard, differences not only celebrated but welcomed and we take pride in living in a community that has everyone’s best interest at hand.

This is why I am a supporter of the Virginia Avenue Community Corporation project. The people who live in the Virginia Ave apartments are the backbone of our community and they need our help. The people who live here are a strong part of what makes Santa Monica what it is: They represent the connection between our past to our future. Some residents have lived in Santa Monica for over 50 years, others take care of our children by volunteer coaching in our sports leagues. They represent all the good things about Santa Monica.

I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for these families who do so much and mean so much to Santa Monica.

If the loan is denied, many long-time Santa Monica residents will be displaced, including many senior citizens. And as real estate continues to be a concern due to rising costs and the displacement of thousands of people due to the Palisades Fire, there is no guarantee that they will be able to remain even close to Santa Monica. This will force many families to move, take children out of schools and sports teams and undermine the qualities that Santa Monica stands for. A compromise could be reached with residents returning under rent control while maintaining their current rental agreements with a new facility, if the loan was not approved and the building was demolished.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project. The people of the Virginia Ave apartments have long demonstrated their commitment to our community. It is time for us to do the same.

Thank you very much for your time.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 484 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 5 Sincerely,
Rick Jennings
Santa Monica Resident
310.428.8575
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 485 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 6 David Yakobson
From: Eduardo Hernandez <[email protected]>
Sent: Sunday, February 23, 2025 5:57 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
My name is Eduardo Hernandez, and I have lived in Santa Monica for 41 years. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have long been part of our community.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 486 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 7 David Yakobson
From: Spencer Klein <[email protected]>
Sent: Sunday, February 23, 2025 4:24 PM
To: councilmtgitems
Subject: 2/25/2025 Agenda Item 5C - Generations at Virginia Ave

EXTERNAL
My name is Spencer Klein, and I have lived in Santa Monica for 13 years. As a supporter of the Virginia Avenue Community Corporation project, I urge you to approve the requested $10 million loan to initiate the much-needed renovation of the Virginia Ave apartments. This project is essential to preserving affordable housing and ensuring stability for the families who have long been part of our community.

Please demonstrate your commitment to affordable housing and community stability by approving funding for the Virginia Avenue Community Corp project.

Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 487 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) 8 David Yakobson
From: Mathew Millen <[email protected]>
Sent: Sunday, February 23, 2025 2:06 PM
To: councilmtgitems
Subject: 2/25 Item 5C
Attachments: Item5C.pdf

EXTERNAL
Attached are my comments for item 5 C
Item 5-C
February 25, 2025
Item 5-C
February 25, 2025

5.C.a
Packet Pg. 488 Attachment: Written Comments (6936 : 5.C. Closed Session - Real Estate Negotiator) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 11.A
1 of 24
To: Mayor and City Council
From: Heather Averick, Director, Housing and Human Services Department Subject: Adoption of Resolution and Approval of Release of Request for Proposals for City-Owned Sites Designated for Affordable Housing Development in the City's 6th Cycle Housing Element and Declaration of Sites as "Exempt Surplus Land" in Accordance with the Surplus Land Act
Recommended Action
Staff recommends that the City Council:

1. Declare City-owned properties located at Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-900) as “surplus land” within the meaning of the Surplus Land Act (Government Code sections 54220 et. seq.)(“SLA”), adopt a resolution declaring the Bergamot Station Arts Center as surplus land, authorize the City Manager or his or her designee to advance the Notice/Request for Proposal (RFP) by June 30, 2025 and take implementing actions necessary to comply with the SLA and the City’s Housing Element.

2. Declare two City-owned properties located at 1333 4th Street (APNs 4291- 011- 909 and 4291-011-910) and 1324 5
th Street (APNs 4291-011-900,
4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908) as “surplus land” within the meaning of the SLA, adopt a resolution declaring the 4
th/5th and Arizona as surplus land, authorize the
City Manager or his or her designee to advance the Notice/Request for Proposal (RFP) by June 30, 2027 and take implementing actions necessary to comply with the SLA and the City’s Housing Element.

3. Declare City-owned property at 1234 4th Street (currently operated as a public parking structure, Parking Structure 1,(PS1) as “exempt surplus land” within the meaning of the SLA; authorize staff to begin the process of obtaining necessary permits, including a Coastal Development Permit, for demolition of PS1 if demolition is approved by the California Coastal Commission, authorize staff to proceed with developing bidding documents for the demolition to prepare the site for a future 100% affordable housing development.

4. Adopt the findings stated in the Environmental Review section of this staff

11.A
Packet Pg. 489
2 of 24
report, including, without limitation, a finding of categorical exemption pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines, a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption), and a finding that the development of affordable housing on City-owned property was previously analyzed in the 6th Cycle Housing Element Environmental Impact Report.

Executive Summary
On October 11, 2022, City Council approved and adopted the City’s 6th Cycle Housing Element Update for 2021-2029. The Housing Element includes Program 2.E “Commit to the Production of Affordable Housing on City-Owned / Publicly-Owned Land”, which states the City’s commitment to plan for a minimum of 1,880 affordable housing residences on City-owned sites and to release a Request for Proposal (RFP) to solicit design proposals from qualified affordable housing developers every two years. City staff seeks direction on the future releases of Notice/RFP for two of the remaining Cityowned sites and direction on PS1 as a potential site for affordable housing development. The next RFP (third of five) for City-owned sites for affordable housing development will be released by June 30, 2025 as committed in the City’s Housing Element.

Background
6 th Cycle Housing Element Commitments for City-owned Sites The City’s 6th Cycle Housing Element Update was certified by the California Department of Housing and Community Development (HCD) on October 14, 2022.

The Housing Element required the City to demonstrate the City’s zoning could accommodate the City’s assigned Regional Housing Need Assessment (RHNA) of 8,895 units at each income level:

11.A
Packet Pg. 490
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Figure A: List of City-Owned Property Committed for 1,880 Affordable Housing Units (from Figure F-7, Appendix F of the Certified 6th Cycle Housing Element)

11.A
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Achieving the number of affordable housing residences for the 6th Cycle RHNA will be challenging, especially given limited public funding and high land costs in the City.

11.A
Packet Pg. 492
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Therefore, the City Council committed to prioritizing City-owned land for 100% affordable housing in the Housing Element.

The five City-owned sites designated for affordable housing in the Housing Element are:
• former Parking Structure 3 (1318 4th Street, known as former PS3); •Public Parking lots 7, 8, and 12 (Wilshire sites);
• 4th & Arizona (1333 4
th Street and 1324 5th Street, collectively known as
4 th/5th/Arizona);
•Bergamot Station Arts Center (2500 Olympic); and
• Main Street parking lots (Public Parking lots 9, 10 and 11).

The former PS3 and Wilshire sites are currently in predevelopment and are beginning the process of securing funding after undergoing respective RFP’s, community outreach and due diligence. The remaining sites are 4th/5th/AZ, Bergamot Station Arts Center, and Main Street Parking lots as summarized in the Fact Sheet on City-owned Sites (Attachment A).

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Affordable Housing
Affordable Housing Production Program
Affordable housing in Santa Monica is produced through both private and public funding. The City has an inclusionary housing program called the Affordable Housing Production Program (AHPP) that requires market-rate housing developments to set aside a percentage of residences to be deed-restricted for affordable housing split evenly between Very-Low, Low-, and Moderate- Income levels. The AHPP was enacted in 1998, and since that time, approximately 35% of all multifamily development has been affordable. Currently, market-rate housing developments are required to provide 15% of residences as affordable. Smaller developments are allowed to pay an in-lieu fee.
100% Affordable Housing Development

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Production of housing developments with 100% of the residences deed restricted as affordable is only feasible if deeply subsidized by federal, state, and local funding programs and potentially by partnering with market rate/commercial development.

Public subsidies allow the affordable rents charged to lower income households to cover the property operating costs and possibly a small, amortized bank loan to offset some of the development cost not subsidized with public or tax credit investor funds. A typical affordable housing development must combine several government funding programs to cover property acquisition and development costs and achieve financial feasibility. Most affordable housing funding programs are only open for applications annually, with some available biannually.

The various financing programs have unique goals, priorities, requirements, and funding periods which must be successfully navigated to bring a development to fruition.

Competition for limited funding is strong and requires achieving threshold milestones of project readiness - such as site control, environmental review, and land use entitlements - prior to entering the competitive funding cycle. Therefore, affordable housing developers must carefully choreograph project readiness and State funding cycles to minimize the length it takes to develop.

Proposed housing types and target populations should address local needs but must also fit into one of the particular housing category types required by a funding program, such as families, seniors, or persons experiencing homelessness. Designing an affordable housing development often involves tradeoffs, while remaining focused on meeting the needs of lower-income households. Such tradeoffs may include constructing larger apartments to meet the needs of a specific population (such as families); and as a result, being unable to construct as many residences due to site limitations.

Exempt Surplus and Surplus Land
City Council may designate a property as one of two “surplus” designations:

1. “Exempt Surplus” - 100% of the residential units are for low- or moderate11.A Packet Pg. 495
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income households, with a minimum of 75% of the residential units restricted to affordable housing for lower-income households. Mixed-use developments with ancillary commercial ground floor uses are allowed. This designation allows the City to avoid the prescribed SLA notice and 90-day negotiation process with each developer that responds to the RFP.

2. “Surplus” - At least 25% of the total residential units are set as affordable housing, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. This designation would require the City to follow the prescribed SLA notice and 90-day negotiation process with each developer that responds to the RFP. A “surplus” designation does not preclude development of more than 25% affordable housing or combined 100% affordable housing and market rate/commercial development, assuming sufficient available land and zoning development standards.

The 4th/5th/Arizona and the Bergamot Station Arts Center sites have more development potential, given the land area of these sites (approx. 105,000 square feet and 205,000 square feet, respectively). An “exempt surplus” land designation would limit commercial development on these sites to 100% affordable housing development with ancillary ground floor retail, thus increasing reliance on public subsidies to fund construction and limiting the opportunity for joint public-private development. Property tax and other types of revenues would also be lower without market rate development. Designation as “surplus land” may increase possibilities for private funding sources, the extent of which is difficult to know without testing the market. The Housing Element does not dictate how the affordable units are produced on these sites as long as the total number of units planned for each site meet the Housing Element goals. Therefore, staff is recommending designation of these sites as “surplus land” to test expanded development opportunities while complying with Housing Element mandates.

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The Main Street Parking lots are more site constrained and need additional review and information before determining its appropriate designation under the Surplus Land Act.

PS1 is not designated as a city-owned site reserved for affordable housing development in the Housing Element, but has potential for affordable housing development, given the expense associated with earthquake retrofitting of an antiquated public parking facility.

The land area of this site is 29,972 square feet, making this an ideal site for “exempt surplus” designation and possibly allowing the City to receive a credit against the affordable units required for the 4th/5th/Arizona site.

City funding sources and availability
The City has various sources of revenues, such as development impact fees, affordable housing loan repayments, and transaction and use taxes, which pay into the City’s Housing Trust Funds which are used to subsidize affordable housing development. The largest source of housing trust fund revenue for the past several years, approximately $8 million annually, comes from Measure GSH, a transaction and use tax increase adopted by Santa Monica voters in November 2016. A significant portion of GSH revenue has been, and continues to be, diverted from the Housing Trust Fund to address the City’s liabilities, reducing the current availability of the main Housing Trust Fund revenue source.

Santa Monica voters also adopted Measure GS in November 2022, which increases the real estate transfer tax and designates the proceeds for homelessness prevention, rental assistance, and affordable housing production. Measure GS generated nearly $9 million for affordable housing production during its first annual reporting period (March 2023 – February 2024) and has yielded another $4.1 million thus far in year 2 (through December 2024). The limited time period during which revenues have thus far been collected makes it challenging to establish a reliable estimate of future proceeds.

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Discussion
Bergamot Station Arts Center
Bergamot Station Arts Center (Bergamot) is approximately five acres, consisting of five buildings totaling approximately 64,000 square feet, and is leased to 30 for-profit and non-profit galleries, creative uses, and a restaurant. The land for the Bergamot site is approximately six times the size of the two City- owned sites already in process. California State affordable financing programs are generally not geared toward affordable housing developments of this scale (707 affordable residences were committed in the Housing Element). Therefore, financially feasible development on the site may necessitate the phasing of two or three separate developments, which will increase the overall complexity and staff work associated with bringing this site to completion.

The City purchased Bergamot in 1989 with transit funds with the goal that the site could serve future transit needs, including providing a revenue source for the Department of Transportation (DOT). In 2013, Bergamot was designated as a Conservation - Arts Center District in the Bergamot Area Plan to help protect and preserve cultural uses and provide an affordable safe haven for the arts in Santa Monica. In 2016, the E Line light rail project was completed, including the Bergamot Station / 26th Street Light Rail Station that is adjacent to Bergamot at the corner of 26th Street and Olympic Boulevard.

Given Bergamot was built over 30 years ago, the buildings have been determined to require significant capital investments involving the replacement of the roof, sewage line, and other necessary repairs estimated at over $500,000. Staff considered the cost of these repairs, as well as the continuing need for additional capital improvements when evaluating the site for development and prioritization for the RFP. Given that the Bergamot site is slated for future development regardless of the RFP timeline, any capital improvements spent now would eventually be removed within the next five years. Considering the truncated life of any future capital

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improvements at the site, in addition to rising holding costs, developing Bergamot sooner and prioritizing it for the next RFP is a more pragmatic option.

When fully leased, Bergamot generates approximately $142,000 monthly or $1,704,000 annually in rent with common area maintenance (CAM) fees paid by the tenants to fund CAM expenses. From this revenue source, $54,089 per month is remitted to the City’s Department of Transportation (DoT) as a condition of the original Purchase and Sale Agreement. The balance funds on-going maintenance, property management, accounting, and administrative costs. The City property management fee paid to Rising Property Management is $6,000 per month and management staff salary reimbursement is $9,500 per month. Remaining revenue ($72,411 monthly, or $868,932 annually) goes to the City’s General Fund as outlined below.

Property Management Fee $6,000.00
Staff Salary Reimbursement $9,500.00
Remaining Revenue to General Fund $72,411.00
Department of Transportation Disbursement $54,089.00
Total Monthly Revenue $142,000
The property management fees are approximately $230,000 per annum in the first three years of operation with future increases at three percent (3%) annually. As rising management fees and capital improvement needs illustrate, holding costs for the Bergamot site are increasing and will have an impact on any potential future City General Fund revenues. The 4th/5th/Arizona site, in comparison, has a greater potential for generating revenue.
4 th/5th/Arizona
The City-owned properties at 1301 Fourth Street and 1333 Fourth Street are part of the 4th/5th and Arizona site which was originally acquired by the City’s Redevelopment Agency in 2010 as part of a land assemblage to form a

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redevelopment site consisting of nine contiguous parcels totaling 112,000 square feet bounded by 4th Street, 5th Street, and Arizona Avenue.

The 4th/5th/Arizona site has two existing bank leases which are projected to generate $7,077,967 to the City’s General Fund through the lease terms ending in 2026, with extensions allowed through Fiscal Year 2028. Both Bank of America and Chase Bank have leases with the City through March 2026 and May 2026, respectively. In 2024, Chase reached out to the City, requesting an additional 5-year lease with two options to extend. The offer included paying an additional 10% increase in rent. Because Council had not deliberated on the prioritization of the RFP release yet, Chase accepted a 2-year option to extend with three additional 1-year options. Similarly, Bank of America is seeking a 5-year lease with two options to extend. The two tenancies do not require property management services or maintenance costs borne by the City.

Currently, these two tenants generate $2.5 million to the City’s General Fund annually. Once these tenancies terminate, the General Fund is not expected to receive rental proceeds from the 4th/5th/Arizona site anytime in the near future. The Economic Development Department would be able to negotiate lease extensions at a higher rent, and potentially a longer term if this site remains operational longer. If both bank tenants extend their leases through 2030, this would generate an additional $12,500,000 to the General Fund. Given the City’s current General Fund financial standing, these are invaluable sources of income.

Further, initial analysis indicates that solely 100% affordable housing at 4 th/5th/Arizona
may not be financially or physically feasible. There are 362 affordable residences committed in the Housing Element for these sites, and community feedback has been strong regarding potential non-residential uses. If the City is able to combine 4 th/5th/Arizona with PS1 in the future, the City would have greater flexibility in meeting its commitment of 362 affordable residences, while also exploring other revenuegenerating or community benefit opportunities at the sites.

Future of PS1

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PS1 located at 1234 4th Street is a City-owned parking structure on a roughly 0.75-acre lot with 327 spaces for public use. PS1 is a non-ductile concrete structure which, per the City’s Seismic Retrofit Ordinance Compliance and Noticing Schedule (Attachment B), must receive a seismic retrofit by October 2027 to remain open and in operation. This leaves four options for the future of PS1:

1. Complete a seismic retrofit by October of 2027:
• Estimated to cost roughly $14 million per the adopted FY 24-26 Biennial CIP Budget
• The process of hiring a designer to complete a retrofit, publicly bidding the project, and completing construction would likely take a minimum of three years

2. Demolish PS1 and develop affordable housing on the site:
• Demolition would likely cost $4-$5 million based on the demolition costs of former PS3 with inflation added
• Demolition would require a demolition design, a Coastal Commission permit, and construction process, likely to take three to four years given the process of obtaining a permit from the Coastal Commission

3. Sell the PS1 property with an agreement in place that the new owner would provide affordable housing to meet the City’s requirements:
• This option would put the responsibility of a retrofit or demolition upon the new owner
• This option would also require a Coastal Commission Permit since it reduces the public parking supply
• This process would take one to two years; mostly attributed to the Coastal Commission process

4. Keep PS1 in operation until October 2027, then close it to the public until its future is determined.

Walker Parking Consultants/Engineers was hired by the City and completed a supply and demand study for PS1 (Attachment C). This study concludes that the 327 spaces in

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PS1 are not needed to meet the parking demand of the downtown area. It concludes that if these 327 spaces are removed from the public supply, then adjacent parking facilities can meet the current and anticipated future demand for public parking in the area.

Given this supply / demand information, the high cost of the seismic retrofit, and the City’s need for affordable housing, City staff is recommending Option 2, the demolition of PS1 and pursuing a future affordable housing development. After demolition is completed and before the affordable housing construction begins, staff is recommending interim use of the PS1 site as a surface public parking lot of roughly 90 spaces. This lot could also be used for special events and other temporary economic development activations.

To fund the demolition of PS1, staff would pursue a new capital improvement project.

One potential funding source for the design, permitting, and demolition could be the Tenant Ownership Rights Charter Amendment (TORCA) Housing Trust Fund. This funding source was previously authorized by City Council to pay for the demolition of former PS3 on July 13, 2021 (Attachment D).

Main Street Parking Lots
The Main Street Parking Lots are the other sites designated for affordable housing in the City’s Housing Element with a commitment of 577 affordable residences. These parking lots currently have 339 existing parking spaces and The Victorian leases one of the parking lots. Prior to moving forward with an RFP, these sites will require additional due diligence regarding the potential replacement parking, environmental feasibility analysis of the sites and suitability for development given the narrowness of the site, and the shared garbage for the businesses on the sites. These lots average an annual parking revenue of approximately $800,000 and the adjacent Victorian/Heritage Square businesses generates approximately $450,000 in annual lease revenue. The Main Street Farmer’s Market is also located on one of the surface lots.

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Recommendations
Given the number of residences required at these locations, as well as the complexity of each location and financial considerations to the City’s General Fund, staff recommends proceeding with the release of the next RFP for the Bergamot.

Release of Notice/RFP in 2025 for Bergamot
Staff is recommending Bergamot be prioritized for the next RFP for several reasons:
1) Creation of workforce and artist housing has been identified as a critical need 2) Ongoing maintenance and facility costs associated with the Bergamot buildings 3) Lease revenue for the City’s General Fund from the 4th/5th/Arizona bank leases 4) Potential to package 4th/5th/Arizona site with the PS1 site to support financially feasible developments that meet the Housing Element commitment while potentially allowing for community benefits or a revenue generating source 5) Federal and State tax credits for affordable housing are extremely limited and competitive, Bergamot is better positioned to successfully apply and receive tax credits given its adjacency to transit.

Guiding Principles to be included in the Notice/RFP

1. Reaffirm the City’s commitment in the Housing Element to provide a minimum of 707 affordable residences at Bergamot, up to 80% Area Median Income (AMI).

2. Explore the potential of residences for artist affordable housing.

3. Permanent Supportive Housing apartments would be permissible, with 40 Project Based Vouchers from the Santa Monica Housing Authority, contingent on Federal availability and impacts of regulation changes..

4. Explore other potential commercial uses that prioritize cultural/arts uses.

5. Explore the feasibility and possibility of preservation (in part or in whole) of existing uses.

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6. Tenant retention onsite.

7. Transit-oriented development principles and its proximity to the E-Line.

8. Community engagement.

With Council approval, release of the Notice/RFP for Bergamot will occur by the Housing Element commitment date of June 30, 2025.

Release of Notice/RFP in 2027 for 4th/5th Arizona and PS1 Guiding Principles to be included in the Notice/RFP

1. Reaffirm the City’s commitment in the Housing Element to provide a minimum of 362 affordable residences up to 80% Area Median Income (AMI), with the PS1 identified as a 100% affordable housing development.

2. Permanent Supportive Housing apartments would be permissible, with 40 Project Based Vouchers from the Santa Monica Housing Authority, contingent on Federal availability and impacts of regulation changes.

3. Explore other potential commercial uses or community benefits for 4th/5th Arizona, including the option to include revenue generating sources, whether market rate apartments, hotel, or other commercial sources of revenue.

4. Parking parameters – there would be no replacement parking requirements based on the parking study completed by DoT.

5. Community engagement.

With Council approval, release of the Notice/RFP for 4
th/5th Arizona with the PS1 site
will occur by the Housing Element commitment date of June 30, 2027.

Recommendation to Proceed with one RFP at a Time
Due to staff bandwidth and the complexity of the remaining City-owned sites, as well as the existing City-owned sites underway, staff recommend proceeding with the release of RFPs based on the schedule outlined in the Housing Element. If the RFPs are released every two years as committed in the Housing Element, no additional staff are needed.

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Should City Council desire and direct staff to proceed with the release of an RFP for two city-owned sites concurrently, it will require two additional Senior Development Analysts prior to the release of the RFPs - one in the Housing Division and one in the Economic Development Division - to assist with lease negotiations, drafting and executing master ground leases, overseeing tenant retention efforts and transitioning site operations involving City commercial tenants. The Economic Development Division would also require funds to retain a commercial broker to assist with tenant relocation/retention efforts at the Bergamot site.

Beyond City staffing and consulting resources, there are additional concerns in successfully financing more than one affordable housing development if the City moved forward with two or more city-owned sites simultaneously. There are very limited resources to leverage outside funding from the State of California budget and LowIncome Housing Tax Credits, of which State funding for affordable housing was significantly reduced in the State budget.

Having competing affordable housing developments may limit the leveraging of resources while also increasing the timeline for the start of construction if financing is not achieved. Additionally, Low-Income Housing Tax Credits are increasingly competitive and limited, these typically fund 50% of an affordable housing development.

Furthermore, the 1318 Fourth Street development is also located in Downtown Santa Monica. Staff recognizes that developing the 4th/5th/Arizona site (located directly across the street) contemporaneously with the 1318 Fourth Street site may cause an oversaturation of affordable residences in one neighborhood. Allowing more time between developments would allow staff to analyze the economic impacts of the 1318 Fourth Street development on the Downtown Santa Monica neighborhood; and provide valuable insight that could better inform future development and economic activation in the Downtown area.

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Lastly, funding from the Affordable Housing and Sustainable Communities (AHSC or Cap & Trade) program are increasingly becoming a key role in financing larger affordable housing which requires transportation/transit component that significantly reduces greenhouse gas emissions. While the AHSC program brings additional transportation funding to the City if the development is successful in its application, more than one development application in a round may limit the ability to identify a qualifying transportation project for each affordable housing development. City staff is currently reviewing if Bergamot sites would be competitive for the AHSC program funding.

Next Steps
Consistent with the goals established in the Emergency Order on Homelessness and the Housing Element, and contingent on Council approval, the City will initiate the SLA process and issue a Notice/RFP for the City-owned site located at Bergamot by June 30, 2025, and for 4/5/Arizona by June 30, 2027.

After evaluating proposals, staff will return to City Council for recommendation and selection of a development team, terms for disposition of City land, and a Housing Trust Fund loan request if the amount requires Council approval under the Housing Trust Fund Guidelines. Staff are currently working on the following for the remaining City-Owned sites to ensure they are ready for an RFP within the allotted timeframe:

1. Main Street parking lots and the need for replacement parking is included in the Department of Transportation’s parking study

2. Conducting an environmental study of Main Street sites to determine where the water table is and what is feasible for underground parking

3. Once Council provides direction on PS1, staff will start the process with the Coastal Commission for demolishing PS1
Environmental Review
City Owned Sites

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The actions to adopt a framework for the development of affordable housing on Cityowned sites and declaration of sites as surplus lands are categorically exempt from environmental review pursuant to Section 15312 of the California Environmental Quality Act (CEQA) Guidelines as the action involves the first step in the sale of surplus government property that is not located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4) of the State CEQA Guidelines.

Furthermore, the actions are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No development for the City-owned sites is being authorized at this time. Furthermore, the issuance of RFPs for development of affordable housing on these City-owned sites implements the 6th Cycle Housing Element (Program 2.E), which 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. The issuance of the RFPs and the development of affordable housing on City-owned properties implements a portion of that 6th Cycle Housing Element and is consistent with the Housing Element EIR. Therefore, no further CEQA review is necessary.

Demolition of PS1
On February 28, 2006, the City Council certified the Final Program Environmental Impact Report (Final PEIR State Clearinghouse No. 2002121122) for the City of Santa Monica Downtown Public Parking Program (Downtown Parking Program). The Final PEIR analyzed demolition and reconstruction of PS1 located at 1234 4th Street, PS3 located at 1320 4th Street, and Parking Structure 6 located at 1431 Second Street. The Notice of Determination for the Final PEIR was filed on May 12, 2006. (Notice of Determination, Attachment E)
The Final EIR for the Downtown Community Plan (DCP EIR) also analyzed a buildout scenario of 3,024 housing units throughout the Downtown District. Demolition of PS1 and subsequent development of affordable housing would also be exempt from environmental review pursuant to Gov. Code Section 65457. “Government Code

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section 65457 provides an exemption from environmental review for a residential development that is consistent with a broader specific plan for which an environmental impact report previously has been certified.” (Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301.) The City further finds that no grounds for supplemental or subsequent environmental review have occurred since certification of the DCP EIR.

The demolition of PS1 requires a ministerial demolition permit, issued by the City’s Building Official. Ministerial projects proposed to be carried out by public agencies are exempt from the California Environmental Quality Act (“CEQA”)(Public Resources Code sections 21000 et seq.). Pub. Resources Code § 21080(b)(1); title 14 CCR § 15369; Friends of Juana Briones House v. City of Palo Alto (2010) 190 Cal.App.4th 286.)
In order to satisfy its obligations under the Housing Accountability Act (Government Code section 65589.5), the City adopted Resolution No. 11239 (CCS) on March 10, 2020, 2020 to amend Chapter 9.39 of the Santa Monica Municipal Code, establishing an administrative (ministerial) approval process for 100% affordable housing projects, such as the one contemplated for development on the PS1 site. 100% affordable housing projects are defined as “[h]ousing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project’s total floor area.” The effect of Resolution 11239 (CCS) and its implementing ordinance (Chapter 9.39 of the Santa Monica Municipal Code) is that housing projects in the City that meet the qualifications of a “housing development project” under the Housing Accountability Act, including any proposed for development on the PS1 site, would be subject to ministerial approval and would not require environmental review. Cal. Pub. Res. § 21080(b)(1); CEQA Guideline §15369 (ministerial approvals).

However, even without the effect of Resolution No. 11239 (CCS) or the City’s administrative approval process for 100% affordable housing projects under Chapter

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9.39 of the SMMC, CEQA already contains express exemptions for infill housing in order to facilitate housing approvals, including the following:
(i) CEQA § 21155.4; CEQA Guideline §15182 (projects proximate to transit or residential projects pursuant to the Downtown Community Plan); (ii) CEQA Guideline §15183.3 (streamlining for infill projects); (iii) CEQA § 21083.3 (CEQA restrictions on residential zoning and community plans); and
(iv) CEQA § 21159.21 (exemption for qualified housing projects) The full scope of the future 100% affordable housing development cannot be described in this report with certainty because the development team has not yet been selected and a proposed development has not been presented to stakeholders and the broader community for input. However, it is reasonably foreseeable that the City would select a housing developer and proceed with negotiating the terms and conditions of conveyance of the site for a 100% affordable housing project that would meet the definition of “housing development project” within the meaning of the Housing Accountability Act, as well as the CEQA exemptions referenced above. While CEQA does not allow for “piecemeal” environmental review of two projects where it is reasonably foreseeable that one project is a precursor to another project, the prohibition on “piecemealing” does not apply where the projects are ministerial, since neither project would be subject to CEQA review. Pub. Resources Code § 21080(b)(1); title 14 CCR § 15369; Cal. Gov’t Code § 65583.2(i); Friends of Juana Briones House v. City of Palo Alto (2010) 190 Cal.App.4th 286. Therefore, environmental review of the 100% affordable housing project is not required before approval of the demolition of PS 1 since the 100% affordable housing project would be exempt under CEQA. Furthermore, demolition and redevelopment have already been programmatically analyzed in several prior CEQA documents.

Past Council Actions

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Date Council Action
April 9, 2019 Authorize issuance of a request for
proposals for the development of
affordable housing on City-owned
property at 1318 Fourth Street, and
authorize staff to continue to explore
similar opportunities on other City-owned
properties.

March 23, 2021 Resolution declaring the City-owned
property at 1333 4th St as surplus land
and the City-owned property at 1318 4
th
St. as exempt surplus land.

January 11, 2022 Authorize the City Manager to negotiate and execute an Exclusive Negotiating
Agreement with EAH, Inc. for a mixeduse, affordable housing development on the city-owned site located at 1318-20
Fourth Street.

October 11, 2022 Adoption of 6
th Cycle Housing Element
March 14, 2023 Resolution declaring the City-owned
properties at 1217 Euclid Street, 1211-
1217 Fourteenth Street, and 1146
Sixteenth Street as exempt surplus land.

March 21, 2023 Ordinance implementing Housing
Element Phase 1 Programs.

March 19, 2024 Award RFP #365 to Hollywood
Community Housing Corporation (HCHC)
for the future development of affordable
housing on City-owned property at 1217
Euclid Street, 1211-1217 Fourteenth
Street and 1146 Sixteenth Street; and
authorize the City Manager to negotiate
and execute an Exclusive Negotiating
Agreement with HCHC.

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October 8, 2024 Authorize the City Manager to negotiate and execute a Ground Lease with a
ninety-nine (99) year term and a
Disposition and Development Agreement
(DDA), with EAH Inc for development and
operation of affordable and permanent
supportive housing on City-owned
property located at 1318 4th Street.

December 17, 2024 Authorize the City Manager to negotiate and execute a Ground Lease with a fiftyfive (55) year term, with two options to extend by twenty-two (22) years each,
and a Disposition and Development
Agreement (DDA) with Hollywood
Community Housing Corporation (HCHC)
for development and operation of
affordable housing on City-owned
property located at 1217 Euclid Street;
Authorize the City Manager to negotiate
and execute a Ground Lease with a fiftyfive (55) year term, with two options to extend by twenty-two (22) years each,
and a Disposition and Development
Agreement (DDA) with HCHC for
development and operation of senior
affordable and senior permanent
supportive housing at 1211-1217
Fourteenth Street on property to be
acquired by HCHC at 1402 Wilshire
Boulevard and deeded to the City.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary because of the recommended action. Staff will return to Council if specific budget actions are required in the future.

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Prepared By: Agustin Aleman, Senior Development Analyst Approved Forwarded to Council
Attachments:

A. Fact Sheets on City-Owned Sites
B. Seismic Retrofit Ordinance
C. Parking Structure 1 Supply and Demand Report
D. Staff Report - Award Bid #2610 for the Demolition of Parking Structure #3 E. Downtown Parking Improvement Program NOD
F. Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws G. SLA Resolution
H. Written Comments

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4th/5th/ARIZONA FACT SHEET
1301 – 1333 4th Street and 1302 - 1334 5th Street
Site: 112,000 square feet (2.5 acres)

Ownership: City owns the properties at 1302 - 1334 5th Street, purchased for $36 million in 2007 and 2009 with Redevelopment Agency funds. City purchased 1301 – 1333 4th Street for $42.5 million in 2010 with Redevelopment Agency funds and is still paying off this purchase through 2042 (see Debt Service notes below).

Tenancy:

Tenant Address Annual Rents Lease Term
Bank of America 1301 Fourth Street $1.5 million February 28, 2026 Chase Bank 1333 Fourth Street $1.1 million April 30, 2028 EvGo Electric Charging Station Parking Lot 27 $31,000 July 31, 2027 Annual Rental Revenues: $2,500,000 appx
Debt Service: Years 2013 – 2029: $3.3 million per year
Years 2030 – 2034: $3.4 million per year
Years 2035 – 2039: $3.5 million per year
Years 2040 – 2042: $3.6 million per year
*City continues to collect tax increment in these amounts to cover debt service.

Zoning And FAR:

Address/Existing Uses Zoning FAR Land Area
(sf)
Proposed Density Unit Capacity
1301-1333 4th St
(BofA, Chase Bank)
BC – Bayside Commercial 4.0 (100% Affordable Housing)

3.5 (Mixed Income Housing)
52,489 150 units/acre 181
1324 5th St
(Parking Lot 27)
NV – Neighborhood Village 4.5 (100% Affordable Housing)

4.0 (Mixed Income Housing)
52,470 150/units/acre 181

11.A.a
Packet Pg. 513 Attachment: Fact Sheets on City-Owned Sites (6692 : RFP for City Owned Sites) Housing Element Commitment of Affordable Units at this
Site:

Minimum of 362 affordable housing units
Considerations and/or Constraints: 1) The BofA and Chase leases expire in 2026. Both tenants desire operating at current location as long as feasible. And both banks have indicated, separately,
that an extension providing a term of 5-years, at
minimum, is ideal for operational and planning needs
as banks typically need 2-yrs “lead time” to relocate.
2) Chase offered additional rents in exchange for an
extension. In July 2024, Council approved a lease
extension for Chase Bank that provides an additional
2-yrs (through 2028). The extension was structured
for 2-yrs as Council’s deliberations on which Cityowned sites should be redeveloped first was still pending.
3) On January 7, 2025, Bank of America submitted a
proposal seeking a 5-year extension with 2 options to
extend the lease.
4) Rental revenues from the two bank tenants currently
generate over $2.5M to the City’s General Fund
annually. As triple net leases, the City does not incur any costs related to utilities, maintenance or taxes
related to these two tenancies. If the 4th/5th/Arizona
site is redeveloped after other City-owned sites, City
staff can negotiate lease extensions with higher rental rates to provide much needed revenues for the
General Fund.
5) If the bank leases are not extended, it is anticipated the two properties will remain vacant until
redevelopment in commences. The General Fund
would forgo approximately $13m in lease revenues if
the term for both tenants is not extended by 5-years.
6) Consider a viable, revenue-generating use such as a
hotel.
7) Interim Activations on Site – ICE, roller skating + other pop-up activations. DTSM and community desire to
retain some flexible outdoor space on site for future
community activations.

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Packet Pg. 514 Attachment: Fact Sheets on City-Owned Sites (6692 : RFP for City Owned Sites)

BERGAMOT STATION ARTS CENTER FACT SHEET
2525 Michigan Avenue
Site: 224,000 square feet (5.6 acres)
Ownership: City purchased the site for $17.3 million in 1989 with Big Blue Bus Rail Reserve funds.

Zoning: Bergamot Area Plan– Conservation Arts Center (CAC) FAR: 3.0 (100% Affordable Housing)

2.5 (Mixed Income Housing)
Housing Element Commitment of
Affordable Units at this Site:
707 affordable housing units (150 units/acre)
Tenants: Approximately 30 small businesses: art galleries, non-profit theatre company, comedy club and restaurant within five buildings (approximately 62,000 SF of building space).

Lease Term: One-to-three year leases, renewed annually (Jan 1st). Staff will be seeking Council approval to authorize several leases that fall above the $250,000 per annum threshold (at 2/25/25 Council meeting).

Annual Gross Rental Revenues: $1,600,000 appx
Annual Repayment to Rail Reserve
Fund (Big Blue Bus):
$660,000 appx
Annual Operating + CapEx Expenses: OPEX approximately $950,000 annually CAPEX $300,000- $500,000/yr (subject to available funds and capital improvements required)
Considerations and/or Constraints: 1) Relocating existing tenants and creating a viable plan for relocation. 2) Artist housing as part of the affordable units
a. Currently meetings and site visits with existing affordable housing artist communities and those developers to gather ideas before release of RFP
3) Evaluate revenue impacts to BBB
4) Background: extensive community engagement process in the past where community anticipated a boutique art-themed hotel w/ restaurant/gallery/event space, creative office, museum venue, bike center + shared parking structure (and no housing was contemplated at that time) with some building preservation (e.g. “B” Building + portion of “A” Building). Many community members still have this historical context and were actively engaged in that past process and will expect to be involved in an upcoming RFP.

Deferred Maintenance challenges including termite remediation, Sewer and septic tank repairs, building weatherproofing, vehicular gate and parking management system
5) Capital Improvements – considerations for investment required to continue day-to-day operations for next 3 years vs. 5-10 years a. Property assessment – challenging to operate with aging infrastructure and limited funding due to rent cap
b. Adhering to present-day Federal and State Building Code requirements, which are triggered by tenant improvements

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Packet Pg. 515 Attachment: Fact Sheets on City-Owned Sites (6692 : RFP for City Owned Sites) c. Buildings E and F - Roof replacement and weatherproofing d. Parking surface paving and striping
e. Irrigation system
f. Sewer connection to replace septic system
g. Stormwater system
6) Property Management + Staffing– Current operations rely on an external property management company and are subject to high staff turnover due to intense political environment and tenant expectations. The service at approximately $210,000 per annum (fee and reimbursables) is reimbursed by tenants via monthly Common Area Maintenance (CAM) charges and requires City subsidization to help offset expenses. In addition, Bergamot operations require City staff support (4 FTE in Economic Development and Community Cultural Services) and support from Arts Commission (to help vet future tenants).

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Packet Pg. 516 Attachment: Fact Sheets on City-Owned Sites (6692 : RFP for City Owned Sites)

MAIN STREET PARKING LOTS FACT SHEET
Public Parking Lots 9, 10, 11
Site: 167,388 square feet (3.84 acres)
Ownership: City-owned surface parking lots
Zoning: R3-A, R4-A
Maximum Allowable Density: R3: 35 units/acre (no FAR)
R4: 48 units/acre (no FAR)
Housing Element Commitment of
Affordable Units at this Site:
577 affordable housing units (150 units/acre)
*minimum of 5 stories needed to achieve this # of units Existing Parking Spaces 339
Tenants: • Victorian leases the parking lot behind the business Annual Revenues: • Average annual parking revenue of approximately $800,000 • Adjacent Victorian/Heritage Square businesses generates approximately $450,000 in annual lease revenue
Considerations and/or Constraints: • Located in Coastal Zone • Public parking lots support Main Street businesses and coastal access – how much of parking will be replaced
• May require renegotiation of existing lease with City tenant(s) on adjoining properties (e.g. The Victorian), which expires in 2028 (or 2033 if final 5th option is approved by both parties)
• Main Street Farmer’s Market is located on one of the surface lots • Sites are long and relatively narrow
• Needs an environmental feasibility analysis of the sites • Tree Replacement
• Shared Garbage Containers for the Main Street Businesses

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Packet Pg. 578 Attachment: Seismic Retrofit Ordinance (6692 : RFP for City Owned Sites) CITY OF SANTA MONICA permit services www.smgov.net/departments/pcd

SEISMIC RETROFIT ORDINANCE

COMPLIANCE AND NOTICING SCHEDULE
BUILDING AND SAFETY DIVISION 1685 MAIN ST SANTA MONICA CA 90401 310.458.8355 PLANNING AND COMMUNITY DEVELOPMENT DEPT. ROOM 111 CITY HALL Rev. 6/2020 Building Type
Categories
Date
Notice Sent
Quantity
(Approx.)
Compliance Date -
Evaluation Report Due
Compliance Date -
Plans Submittal
Compliance Date -
Retrofit Complete
Concrete Tilt Up August 14, 2017 30 December 2017 May 2018 August 2020 URM August 28, 2017 100 November 2017 February 2018 August 2019 Soft Story - >2 Stories
and < 16 units Sept 25, 2017 400 September 2021 September 2022 September 2025 Soft Story - 16 or more
units October 23, 2017 150 October 2021 October 2022 October 2025 Non-Ductile Concrete October 23, 2017 70 October 2020 April 2022 October 2027 Steel Moment Frame October 23, 2017 80 October 2020 October 2029 October 2037 Soft Story – 2 Stories, 7
to 15 Units
November 27,
2017 350 November 2021 November 2022 November 2025
Soft Story – 2 Stories, <7
Units
February 19, 2018 350 February 2022 February 2023 February 2026 May 7, 2018 200 May 2022 May 2023 May 2026
July 30, 2018 250 July 2022 July 2023 July 2026

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Packet Pg. 579 Attachment: Seismic Retrofit Ordinance (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
37-009887.00
1 Date: October 10, 2024
To: Zach Pollard
Company: City of Santa Monica
Address: 1685 Main Street, Santa Monica, CA 90401
Copy To: Joyce Perez, Tanza Greenwood, Eric O’Connor
From: Daniel Garcia, Steffen Turoff, Jonathan Wicks
Project Name: City of Santa Monica Parking Study
Project Number: 37-009887.00
Introduction
As part of the study of existing conditions, the City of Santa Monica would like to better understand the current utilization of Parking Structure (PS) 1. The following memorandum summarizes the parking supply and demand analysis conducted for PS1 based on parking occupancy data available within the Smarking platform for PS1 and facilities located nearby, including PS2, PS4, PS9, PS10, and Lot 27. The data included in the analysis covered the latest fiscal year, from July 1, 2023, through June 30, 2024, as well as FY 18/19, and FY 16/17.

Study Area
The study area for this analysis consists of PS1, PS2, PS4, PS9, and PS10. Lot 27 is also located in close proximity to PS1 but given that Lot 27 is scheduled to become affordable housing in 2028, in the subsequent analysis, future demand for Lot 27 is assumed to be distributed among the other aforementioned study area facilities, while its supply is removed. Similarly, for the purpose of our analysis we take into account the demand for parking currently being accommodated in PS 1 but assume the loss of PS 1 spaces to determine whether parking supply in the Study Area overall is adequate, if PS 1 were to be removed.

Parking Analysis Overview
To determine the utilization of PS1, and any potential impacts on the public parking system should the current PS1 site be converted to a different use in the future, including the possible removal of parking spaces in PS1, Walker performed an analysis of the existing availability of parking within and around PS1 and the coastal zone.

We then considered near-future parking demand conditions and whether a projected redistribution of the parking demand currently served by the facility is feasible and reasonable to assume.

Summary of Findings
• PS1 filled to maximum capacity on only one day during the July 1, 2023 – June 30, 2024 period, and it was on the first day (Feb. 15, 2024) of the PGA Tour Genesis Invitational, when the garage was being used to park spectators to be shuttled outside of Downtown. Parking occupancy in PS1 nearly reached capacity on a couple of other days during the survey period, mainly around the July/August period and saw 11

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Packet Pg. 580 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
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2 days where peak occupancy reached over 90 percent occupancy in 2023/24. The data indicate that while there were a handful of days that the facility was nearly full, on most days of the year there is excess capacity in PS1.
• July/August weekends were the busiest days of the year for PS1. • Excluding the PGA Tour event-driven demand, we find that the combined demand among the study area facilities (PS2, PS9, PS10, Lot 27) follows a similar pattern to PS1, where July/August 2023 have a concentration of high-demand days, with the peak day being Saturday, July 22, 2023. • Even under a scenario where the supply for PS1 is removed from the study area, and an effective supply factor is applied (a cushion of spaces to help ensure drivers can find available spaces), there are still projected to be over 170 available parking spaces in the facilities closest to PS1 including PS2, PS4, PS9, and PS10 on the busiest (peak) day of the year.
• Analysis of the 2023/24 data showed no negative impact to coastal access parking, as even on the busiest day of the year, and assuming the removal of PS1 spaces from the overall supply, as well as roughly 80 spaces from the top level of PS6 for the Rooftop Cinema development scheduled to open in the summer of 2025, there were 1,900+ spaces available in the coastal zone. • Across a 365-day survey period, the 2016/17 and 2018/19 occupancy data were generally higher than the 2023/24 data, with 2016/17 generally having the highest occupancies. Nonetheless, PS1 and its adjacent facilities did not fill to capacity any more often than they did in 2023/24. • While there were some days in which study area demand based on 2016/17 data could exceed the supply if PS1 and Lot 27 are removed from the study area supply, there is no indication that a post-Covid normal will reach the peak demand levels observed in 2016/17. However, even if that were the case and demand reaches 2016/17 levels, demand projected to exceed supply on only 9 percent of days per year, which means that 91 percent of the time there would be sufficient capacity, a number above the often-used 85th percent of the time for which parking system capacity is planned.

Methodology
Walker’s approach to conducting a supply and demand analysis of PS1 seeks to address several key questions:
• How occupied (or full) do parking spaces in PS1 become under typically busy conditions in the latest fiscal year (July 2023 – June 2024)?
• Did the facility fill to capacity, and if so, on how many days? • When are the busy periods? Weekdays, weekends, mornings, afternoons, evenings? • Could parking demand currently occupying PS1 be reasonably accommodated in nearby parking facilities today and in the future if the site that PS1 sits on were to be repurposed for a different use?

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Packet Pg. 581 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
37-009887.00
3 The first step in addressing the listed questions was to gather the number of current parking spaces serving PS1 and parking facilities located in close proximity to PS1, including PS2, PS4, PS9, and PS10, herein defined as the study area.

Following an inventory of current spaces in the study area, the next step was to collect parking occupancy data by facility. For this analysis, Walker gathered daily peak parking occupancy data for PS1 and the study area facilities covering the period from July 1, 2023, through June 30, 2024.

We then conducted exploratory data analysis by visualizing the occupancy data to gain insight into the patterns of utilization. This allowed us to identify a typically busy day in PS1 and the study area and the peak days throughout the year and decipher any seasonal patterns.

Lastly, we compared the demand from PS1 and allocated it to the study area facilities to determine if current PS1 demand could be captured in the surrounding facilities, and in the facilities that comprise the coastal zone. The following sections show the results of our analysis.

Inventory (Supply) and Occupancy Data Analysis
Public Parking Supply (PS1, PS2, PS4, PS9, and PS10)
PS1 is located at 1234 4th Street, between Wilshire Boulevard and Arizona Avenue in Downtown Santa Monica, and contains 327 parking spaces. Combined with the supply of PS2, PS4, PS9, and PS10, the total number of public, off-street parking spaces in the study area is 1,995.

Table 1: Study Area Parking Supply
Facility Supply % of Study Area Supply
PS1 327 16%
PS2 641 32%
PS4 646 32%
PS9 300 15%
PS10 81 4%
Total 1,995 100%
Notes: While Lot 27 is in close proximity to the listed facilities, it is scheduled to become affordable housing in 2028. As such, it’s parking supply is not part of the inventory although we take into account the current demand for parking (number of cars) in Lot 27 in our analysis.

Source: Smarking, 2024.

The largest facility located nearest to PS1 is PS4, with 646 spaces, followed by PS2 with 641 spaces; PS9 has 300 spaces and PS10 has 81 spaces.

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Packet Pg. 582 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
37-009887.00
4 The following figure shows the locations of PS1 and the other parking facilities in the study area, as well as walking distances within level of service categories A (400 feet) through D (1,600 feet) from PS1 to the surrounding facilities. The map also shows some key landmarks and points of interest within the study area and their approximate distance from PS1. We see that PS 2 and 4 provide similar proximity to the Third Street Promenade as PS 1; in the case of PS 4, walking distance is significantly shorter to the Promenade, as the Promenade Passageway eliminates the need for the parker to walk to a street to access the Promenade.

Figure 1: Walking Distance Map (400’ LOS A, 800’ LOS B, 1,200’ LOS C, 1,600’ LOS D) Source: ArcGIS Online, 2024.

As shown in the figure, four public parking facilities (PS9, PS10, PS2, and Lot 27) are within an 800-foot (LOS B) walking distance of PS1. One facility, PS4 is within a 1,200-foot (LOS C) walking distance of PS1.

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Packet Pg. 583 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
37-009887.00
5 Public Parking Supply (Coastal Zone)
There are approximately 11,618 off-street public parking spaces within the coastal zone, this includes lots and structures only. Metered and free on-street parking spaces are not included in the analysis. The Santa Monica facilities that are in the coastal zone are shown in the table on the following page.

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Packet Pg. 584 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
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6 Table 2: Supply of Public Parking in the Coastal Zone by Facility Source: Smarking, 2024.

Facility Supply
% of Total
Supply
Pier 268 2%
Beach Lot 1N 1,271 11%
Beach Lot 1S 66 1%
Beach Lot 2S 64 1%
Beach Lot 3N 400 3%
Beach Lot 3S 118 1%
Beach Lot 4N 87 1%
Beach Lot 4S 1,383 12%
Beach Lot 5A-N 42 0%
Beach Lot 5N 56 0%
Beach Lot 5S 766 7%
Beach Lot 6N 76 1%
Beach Lot 7N 85 1%
Beach Lot 8N 213 2%
Beach Lot 9N 78 1%
Annenberg 276 2%
Civic Structure 712 6%
Main Street Lot 9 169 1%
Main Street Lot 10 39 0%
Main Street Lot 11 131 1%
Main Street Lot 26 15 0%
Main Street Lot 30 22 0%
PS 1 327 3%
PS 2 641 6%
PS 4 646 6%
PS 5 663 6%
PS 6 742 6%
PS 7 828 7%
PS 8 1,053 9%
PS 9 300 3%
PS 10 81 1%
Total 11,618 100%

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Packet Pg. 585 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
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7 Occupancy
PS1
Peak parking occupancy in PS1 occurred on February 15, 2024, on the first day in which the PGA Tour’s Genesis Invitational was held at The Riviera Country Club in the Pacific Palisades. PS1 and PS2, and to a lesser extent, PS9, PS10, and Lot 27 experienced high occupancies on that day as attendees utilized Santa Monica parking facilities for the event. Another notable day of high parking occupancy in PS1 was December 2, 2023, when several holiday events were held in the city. If we exclude event-generated high parking occupancy days, the typically busiest period in PS1 was July 2023, specifically July 2023 weekends. The following graph shows the daily peak occupancy in PS1 from July 1, 2023, through June 30, 2024.

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Packet Pg. 586 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
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Figure 2: PS1 Daily Peak Occupancy (July 1, 2023 - June 30, 2024) Source: Walker Consultants, 2024.

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Packet Pg. 587 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
PS1 Parking Supply and Demand Study
37-009887.00
9 Figure 2 shows a concentration of high demand on several weekend days in July/August 2023 (left side of the figure), which appears to be PS1's busiest part of the year. Outside of the July/August period, weekends were generally busier than weekdays. The following table shows that Saturdays had the highest average daily peak occupancy in PS1 with 244 occupied spaces, followed by Sunday with 212.

Table 3: Avg. PS1 Daily Peak Occupancy by Day of Week
Source: Walker Consultants, 2024.

In terms of a monthly summary, July was the busiest month, when the average daily peak occupancy was 210 occupied spaces. The following table shows the average daily peak occupancy in PS1 summarized by month.

Table 4: Avg. PS1 Daily Peak Occupancy by Month
Source: Walker Consultants, 2024.

PS1 filled to maximum capacity on only one day during the July 1, 2023 – June 30, 2024 period, and it was on the first day of the Genesis Invitational. Parking occupancy in PS1 nearly reached capacity on a couple of other days during the survey period and saw 11 days where peak occupancy reached over 90 percent occupancy. The data Day of Week
Avg. Daily Peak
Occupancy
Sunday 212
Monday 129
Tuesday 134
Wednesday 177
Thursday 154
Friday 176
Saturday 244
Month of Year
Avg. Daily Peak
Occupancy
January 169
February 173
March 168
April 157
May 168
June 174
July 210
August 186
September 168
October 170
November 170
December 191

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10 indicate that while there were a handful of days that the facility was nearly full, on most days of the year there is excess capacity in PS1.

Study Area (PS1, PS2, PS4, PS9, PS10, and Lot 27)
In analyzing the demand within the study area (i.e., the off-street public parking system in closest proximity to PS1) and excluding the event-generated demand from the Genesis Invitational, we found that there were hundreds of parking spaces available even on the peak day of the survey period (July 1, 2023 – June 30, 2024).

When we aggregated the daily peak occupancy for each facility in the study area, the resulting peak day was Saturday, July 22, 2023, when 1,328 spaces out of 1,995 were occupied.

The 1,995-space inventory already assumes the removal of Lot 27’s spaces from the parking system. If we also remove the PS 1 supply of 327 spaces, the study area will have 1,668 off street parking spaces.

Subtracting the 1,328 occupied spaces from the reduced parking supply of 1,668 spaces, we find that 340 spaces were available in the public parking supply, even on the busiest day of the year for parking demand in the immediate area.
1 The following figure shows the aggregated daily peak occupancy for PS1 and the surrounding study area facilities.
1 Not including parking demand for the PGA Tour’s Genesis Invitational, which does not reflect the need for parking in the area.

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Packet Pg. 589 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
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11 Figure 3: Aggregated Study Area Daily Peak Occupancy (July 1, 2023 - June 30, 2024) Notes: Lot 27 demand is included, but supply has been removed as it is scheduled to become affordable housing in 2028. 1,668 spaces reflect the parking supply not considering parking availability within PS 1, which is assumed to be removed for the purpose of this analysis.

Source: Walker Consultants, 2024.

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Packet Pg. 590 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
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12 The previous figure shows the daily peak demand for each facility in the study area aggregated to show the combined occupancy within the study area. There is a clear spike in demand for parking shown in February 2024 that is attributable to the Genesis Invitational. While the spike in demand shows that it would exceed the study area supply (assuming the removal of PS1 and Lot 27), it is important to consider that additional capacity was available at PS5, PS6, PS7, PS8, the Ken Edwards Center (KEC), and the Library structure for event attendees; event attendees could be shuttled from any of these parking structures, where ample parking availability exists.

Excluding the event-driven demand, we find that the combined demand among the study area facilities follows a similar pattern to PS1, where July/August 2023 have a concentration of high-demand days, with the peak day being Saturday, July 22, 2023.

Also, shown in the figure are three numbers for study area parking supply. The top line (black) represents the current study area supply (minus Lot 27), while the middle line (blue) represents the study area supply excluding PS1 and Lot 27. The bottom line (purple) represents the effective supply. The effective supply is the total supply of parking spaces, adjusted to reflect a cushion recommended to provide for vehicles moving in and out of spaces, spaces unavailable due to maintenance, and to reduce the time necessary for parking patrons to find the last few available spaces. The effective supply varies as to the user group and type of parking, but typically the effective supply is 85% to 95% of the total number of spaces. The adjustment factor is known as the effective supply factor. In this case, the effective supply is 90% of the total parking spaces excluding PS1 and Lot 27.

As shown in the figure, comparing the peak day demand to all three parking supplies still results in a significant number of parking spaces available in the study area. The following table summarizes the number of available parking spaces observed when comparing peak day demand conditions with the three supply scenarios.

Table 5: Comparison of Peak Day Demand for the Study Area with Supply Scenarios Supply Quantity Peak Day Demand Variance
Current Minus Lot 27
(PS1/PS2/PS4/PS9/PS10) 1,995 1,328 667
Minus PS1 & Lot 27
(PS2/PS4/PS9/PS10) 1,668 1,328 340
Effective Supply
(Minus PS1 & Lot 27 * .90 ESF)
1,501 1,328 173
Source: Walker Consultants, 2024.

As shown in the table, even under a scenario where the supply for PS1 and Lot 27 is removed from the study area and an effective supply factor is applied, there are still projected to be over 170 available parking spaces in the facilities immediately adjacent to PS1.

Coastal Zone
Given that PS1 is located within the coastal zone, we give careful consideration to how changes to the parking supply might impact coastal access. In this analysis, we compare supply and demand across all off-street facilities located within the coastal zone, as well as, the immediate study area facilities surrounding PS1 (PS2, PS4, PS9, PS10, and Lot 27), as shown in the following figure.

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13 Figure 4: PS1 + Study Area Facilities (PS2, PS4, PS9, PS10, Lot 27) + Coastal Zone Facilities Source: Walker Consultants, 2024.

Upon reviewing the occupancy data aggregated for all off-street public parking facilities within the coastal zone, we found that even under a scenario where PS1 and Lot 27 spaces are removed from the public parking supply during the peak day for the coastal zone (July 29, 2023), there were over 1,900+ spaces available across the public parking system. The following figure illustrates the aggregated peak occupancy for all public parking facilities within the coastal zone.

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14 Figure 5: Coastal Zone Daily Peak Occupancy (July 1, 2023 – June 30, 2024) Source: Walker Consultants, 2024

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15 Walker notes that there were more spaces available than those shown in the figure as the study does not include a count of privately-owned public serving parking facilities and on-street spaces of which there are at least 590 in the coastal zone.

Pre-Pandemic Data (FY 2016/17 and FY2018/19) Comparison to FY 2023/24
While the data from the latest fiscal year shows much availability within PS1 and the facilities adjacent to PS1, we compared pre-Covid 19 pandemic data to better understand the level of activity that PS1 and surrounding facilities experienced when parking demand was higher. These data serve as a proxy for potential future conditions should the Downtown area recover from the recent economic impacts to parking demand in and around the Third Street Promenade area.

One way in which we compare the 2016/17 and 2018/19 occupancy data versus 2023/24 data for PS1 and surrounding facilities (PS2/PS4/PS9/PS10) is by creating a boxplot. A boxplot, also known as a whisker plot, conveys several key data points together on one chart. It is a standardized way of displaying the distribution of data based on a five-number summary: minimum, first quartile (Q1), median, third quartile (Q3), and maximum.

Here's a breakdown of its components and how to interpret them:
• Minimum: The smallest data point, excluding any outliers. In this case the lowest occupancy observed. • First Quartile (Q1): The 25th percentile, where 25% of the data lies below this value. • Median: The 50th percentile, the middle value of the dataset. • Third Quartile (Q3): The 75th percentile, where 75% of the data lies below this value. • Maximum: The largest data point, excluding any outliers.

The following figure shows three boxplots one for 2023/24 (blue) occupancy data, one for 2018/19 (orange), and one for 2016/17 (green).

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16 Figure 6: PS1/2/4/9 Data Distribution Comparison 2023/24 vs. 2018/19 vs. 2016/17 Source: Walker Consultants, 2024
The figure shows that in general PS1 and its surrounding facilities (PS2/4/9/10) had higher occupancies in 2016/17 and 2018/19 than in the most current year 2023/24. This is illustrated by comparing all the numbers in the plot.

For example, the median occupancy in 2023/24 was 787 occupied spaces, whereas in 2018/19 it was 1,276, and in 2016/17 it was, slightly higher than 2018/19, 1,303 spaces.

The following figure also illustrates the daily peak occupancy comparison between 2023/24, 2018/19, and 2016/17.

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Packet Pg. 595 Attachment: Parking Structure 1 Supply and Demand Report (6692 : RFP for City Owned Sites) Memorandum
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17 Figure 7: PS1/2/4/9 Daily Peak Occupancy Comparison 2023/24 vs. 2018/19 vs. 2016/17 Source: Walker Consultants, 2024

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18 As shown in Figure 7, across a 365-day survey period the 2016/17 and 2018/19 occupancy data were generally higher than the 2023/24 data. Looking at 2016/17 data, there were 34 days where study area demand for parking could exceed the supply if PS1 and Lot 27 are removed from the study area supply. However, it is worth noting the following:
• This condition is projected to occur on only 9 percent of days in the year, the other 91 percent of days there is excess capacity.
• The average peak hour occupancy for 2016/17 levels is 87 percent. • Furthermore, the data shown in Figure 7 represent peak hour occupancies for each study area facility in aggregate, meaning that the peak hour for each facility was added together even if the peak hours did not occur at the same time. For example, PS1 may have peaked at 1PM, and PS2 at 3PM, etc. Aggregating the peaks is not a true representation of peak occupancy but a conservatively high assumption for planning purposes.
• This analysis focuses on facilities that are located within a 1,200-foot walking distance of PS1. It is important to note that there are facilities with additional capacity located nearby such as PS5, PS6, PS7, and PS8 that serve the area.
• Lastly, this assumes a future where demand activity reaches a pre-Covid peak parking condition (i.e., 2016/17), the reality is that under current conditions 2023/24, there is much more excess capacity than shown in 2016/17. The post-Covid normal may not reach the levels seen in 2016/17.

Conclusion
Parking availability in the Study Area, consisting of the supply of parking spaces in PS2, P4, PS9, and PS10, and including parking demand for spaces in those facilities as well as PS1 and Lot 27, which we assume would be lost, was found to be ample on the busiest days of the most recent fiscal year, FY 2023/2024. While there were some days in which study area demand based on 2016/17 data could exceed the supply if PS1 and Lot 27 are removed from the study area supply, there is no guarantee that a post-Covid normal will reach the peak demand levels observed in 2016/17. However, even if that were the case and demand reaches 2016/17 levels, demand projected to exceed supply on only 9 percent of days, which means that 91 percent of the time there would be sufficient capacity. 91 percent is higher than the 85% that is typically used for parking planning purposes.

Looking at public parking in the broader coastal zone, and assuming the loss of parking spaces in PS 1, Lot 27, and the roof of PS 6 (to accommodate the planned Rooftop Cinema improvements), as well as including an effective supply factor that assumes only 90% of total spaces being available, still demonstrates ample parking availability in the City’s supply of public parking in its coastal zone.

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Report
City Council Meeting: July 13, 2021
Agenda Item: 3.B
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To: Mayor and City Council
From: Rick Valte, Acting Public Works Director, Public Works, Engineering and Street Services
Rick Valte, Acting Public Works Director, Public Works Department Subject: Award Bid #2610 and RFP #2610 for the Demolition of Parking Structure #3 Recommended Action
Staff recommends that the City Council:

1. Adopt the environmental findings in the July 13, 2021 City staff report.

2. Award Bid #2610 to AMPCO Contracting, Inc., to provide demolition construction services for the Demolition of Parking Structure #3 (PS3) Project for the Public Works Department;

3. Authorize the City Manager to negotiate and execute a contract with AMPCO Contracting Inc., in an amount not to exceed $2,552,566 (including a 15% contingency);

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

5. Award RFP #2610 to Arcadis for construction observation services for the Demolition of Parking Structure #3 Project for the Public Works Department; and Summary
Parking Structure No. 3 (“PS 3”) consists of a five-story public parking structure with 337 parking spaces. PS 3 sits on a 30,000-square foot parcel located in the Coastal Zone at 1320 4th Street, near the geographical center of the Downtown District, and is zoned as Bayside Conservation District (“BC 2nd and 4th Streets”). The PS 3 site is also located within one-half mile of the Downtown Santa Monica Metro E Line station, a major transit stop included in the Connect SoCal 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy and is within a Transit Priority Area.

PS 3 has been identified as one of the buildings within the City requiring seismic improvements.

PS 3 was built as a non-ductile concrete building before earthquake building standards were established, and the City is subject to an existing retrofit order. The retrofit requirements provide specific deadlines for compliance with milestones such as: plan submittal by April 2022 and retrofit compliance by October 2027. Total repair costs were estimated at $4.5 million in 2019,

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and have significantly increased since that time. This alone is an independent basis supporting demolition.

The City has existing policies regarding capital investments in parking facilities within the Downtown Community Plan (DCP), which states, “caution should guide new public capital investments given the uncertain impact of car services and increasing vehicle automation.” The DCP also provides direction to “pursue the reduction of 600 public parking spaces in the Bayside Conservation District by 2027.” Staff does not recommend spending millions of dollars to extend the life of a parking structure, which is inconsistent with the City’s previous planning decisions and inconsistent with the City’s goal of promoting alternative modes of transportation in the City’s pedestrian-oriented core.

As outlined in greater detail below, the demolition and redevelopment of the PS 3 parcel has been subject to several planning decisions and environmental reviews (CEQA documents) over the last two decades. The demolition and reconstruction of PS 3 was considered as part of an overall Park Once-Pedestrian First Strategy, commencing when the City Council established the Downtown Parking Task Force in the early 2000s. In 2009, after considering the findings and recommendations of a third-party parking consultant, the City Council made the decision to remove PS 3 without replacement and rebuild Parking Structure 6 with more than 400 additional parking spaces to account for the 337 parking spaces to be removed upon the demolition of PS

3. Council then authorized the redevelopment of the PS 3 site for commercial purposes. During the period from approximately 2009 to 2015, the City pursued negotiations with two different cinema operators for redevelopment of the PS 3 site as a cinema with ground floor retail and subterranean parking. These negotiations were ultimately unsuccessful.

In 2017, the City approved the Downtown Community Plan (DCP) and associated Environmental Impact Report. The DCP zoning for this site allows approximately 120,000 square feet of affordable housing. As noted above, the DCP also approved the reduction of 600 public parking spaces in the Bayside Conservation District by 2027.

After consideration of several City-owned sites by the Housing Commission in 2018 and 2019, the Housing Commission recommended repurposing the PS 3 site to add much needed affordable housing. In 2019, after receiving input from the City’s Housing Commission, the City Council authorized the City’s Housing Division to undertake a competitive selection process for

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development of a 100% affordable housing project on the PS 3 site, to include a significant component of supportive housing. Staff anticipates presenting a recommendation to the City Council for selection of the developer by the end of this year. At its March 23, 2021 meeting, Council designated this site as “exempt surplus land,” thus reserving this site for the future development of a 100% affordable housing project, in accordance with recent amendments to the Surplus Land Act (California Government Code sections 54200 et seq.).

To facilitate preparation of the site for future affordable housing and enhance the competitiveness of the proposed housing development for optimal leveraging of State financing which prioritizes project readiness, the City must demolish PS 3 and clear the site. The demolition of PS 3 consists of removal of the parking structure, paving the site, capping all existing utilities at the property line, and installing fencing around the property. After demolition, the paved surface lot could temporarily be available for activities and programming in coordination with Downtown Santa Monica Inc. until construction of the future affordable housing development commences.

The Coastal Commission approved a Coastal Development Permit for the demolition of PS 3 and interim uses on May 13, 2021. Any future development for affordable housing would require a Coastal Development Permit.

In order to facilitate the development of affordable housing throughout the City, the City Council authorized recent amendments to the Downtown Community Plan and Interim Zoning Ordinance to reduce the process threshold requirements for ministerial approval of 100% affordable housing projects. Therefore, it is anticipated that the selected developer would finalize design and proceed with ministerial entitlements from the City in accordance with the City’s recently adopted permit streamlining thresholds. A Coastal Development Permit is required before the City’s Building Official would issue a building permit.

The City is experiencing significant construction cost escalation on all of its capital improvement projects due to material and labor shortages throughout the country; therefore, the cost for the demolition of PS 3 is anticipated to increase significantly if the City delays entering into a construction contract for the demolition. Furthermore, the City would have to rebid the demolition because contractors are unwilling to hold their prices for extensive periods after bidding. Staff recommends awarding AMPCO Contracting, Inc. a contract to provide

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construction services for the demolition of PS 3 (the “Project”) in an amount not to exceed $2,552,566 (including a 15% contingency). Staff also recommends Arcadis, Inc. to provide construction observation services in an amount not to exceed $172,800. The Project is funded by City Housing Trust Funds and is listed in the addendum to the Capital Improvement Program Fiscal Year 2018-2020 Biennial Budget (Attachment A).

DISCUSSION
The Downtown Public Parking Program
On December 19, 2000, City Council established the Downtown Parking Task Force. The Task Force was created in response to a Planning Commission suggestion for a public process to assess community sentiment concerning a recommendation in the “Downtown Parking Management Program” report by Kaku Associates, dated April 2000, for the need to add public parking in the downtown. The Planning Commission also requested that cost and traffic congestion impacts be assessed as part of the process. The six-member Downtown Parking Task Force consisted of three City Council members, one Planning Commissioner, and two Bayside District board members.

On April 9, 2002, the City Council conceptually approved the Downtown Parking Task Force’s recommended strategic plan to retrofit, rebuild, and add parking resources in the Downtown area over a ten-year period. Council authorized staff to prepare a programmatic EIR, to analyze the potential for new revenue sources to fund the program, and to proceed with next steps towards property acquisition or joint development options for new perimeter structures, predicated on the identification of funding.

The Task Force developed a strategic and flexible approach to address the needs of the City’s aging Downtown parking structures. A considerable amount of effort was dedicated to determining whether and how much additional parking was needed. The strategy was framed within the context of a “Park Once-Pedestrian First” orientation to encourage visitors to drive as little as possible. The strategy was based on the premise that the existing structures were in ideal locations and the City should maximize the potential of these structures, while additional resources should be located within easy access to the core of the Downtown to expand the vitality of the core area.

The proposed strategy included the following components:

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Retrofit the tall structures: The three tall structures (Parking Structures 2, 4, and 5) provide approximately 650 spaces each and would provide very little gain in spaces, if any, by demolishing and rebuilding them. Therefore, even though the structures had deficiencies due to their age, it was recommended that they be maintained and upgraded.

Demolish and rebuild the short structures and add spaces: The Task Force determined that the effective long-term strategy was to demolish the short structures (Parking Structures 1, 3, and 6), which average approximately 325 spaces per structure, and rebuild them with additional parking levels and ground floor retail, adding approximately 712 spaces. Rebuilding, rather than retrofitting, would address the underlying functional problems, including improved traffic/pedestrian circulation, handicap accessibility, ground-floor retail, and high ongoing repair requirements. • Additional parking on the Downtown perimeter: The Task Force concluded that since current parking resources are near capacity and incremental growth would continue in the Downtown area, additional parking resources are needed. It was determined that new parking resources should be located within walking distance of the core of the Downtown to expand the vitality of the core area. The Task Force identified the 5th Street vicinity as the ideal walkable distance. The Task Force recommendation called for the construction of 1,000 spaces in two structures over a ten-year time span, one near the beginning of the ten-year period and one at the end of the ten years.

A Program Environmental Impact Report (PEIR) for the Downtown Public Parking Program was prepared in accordance with California Environmental Quality Act (CEQA) Guidelines. The PEIR analyzed the environmental impacts of implementing the Downtown Public Parking Program, including the demolition and reconstruction of PS 3. More specifically, the PEIR assumed that PS 3 would be demolished and rebuilt up to three levels below ground and up to nine levels above ground (approximately 84 feet above grade).

On February 28, 2006, the City Council considered the EIR and Downtown Parking Program at a public hearing (Attachment B). At its public hearing on May 9, 2006, Council certified the Downtown Parking Program Environmental Impact Report (Final PEIR State Clearinghouse No. 2002121122) and approved the Downtown Parking Program (Attachment C). The Notice of Determination for the PEIR was filed on May 12, 2006 (Attachment D).

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The 2009 Walker Parking Study
In 2007, the City Council approved the retention of Walker Parking Consultants to conduct a parking study as a first step in implementing the Downtown Parking Program.

The Walker Study was approved by Council on September 8, 2009 (Attachment E) with direction to return with actions necessary to implement the study (Attachment F). The Walker Parking Study evaluated parking operations and market conditions in Downtown Santa Monica and analyzed revenue opportunities from parking rates, in-lieu fees, property-based assessments, and other revenue sources. Walker’s overall recommendation was that other than the additional 576 parking spaces planned in the reconstruction of Parking Structures 1 and 6, Downtown Santa Monica did not need additional public parking. Rather, in coordination with the citywide Transportation Management Strategy identified for implementation in the Circulation Element of the Land Use Circulation Element (“LUCE”), Walker recommended implementation of several actions to support access to the Downtown. This recommendation was based upon the following considerations:
• the large number of underutilized parking spaces that existed in Downtown Santa Monica, particularly in the private supply;
• the opportunities that existed to efficiently use many of the existing spaces to generate revenue for the City at a cost far less than building new parking facilities;
• the high cost of building parking in the area;
• the opportunity costs of building parking in the area; • the oft-bemoaned traffic congestion within and around the area; • the increase in transportation alternatives to driving to the area; and • the City’s broader goals of encouraging such alternatives and their environmental benefits.

After consultation with numerous stakeholders, including the Bayside District Corporation and the Santa Monica Chamber of Commerce, staff returned with recommendations to implement the Walker Study, recommending that no additional parking structures be reconstructed

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(including PS 3) other than the spaces planned for reconstructed Parking Structures 1 and 6 (City Council Meetings: February 23, 2010, Attachment G; April 26, 2011, Attachment H).

Parking Structure 6
At the November 10, 2009 Study Session, the City Council discussed concept massing, urban design, circulation, and cost implications of rebuilding Parking Structures 1 and 6, and directed staff to rebuild only Parking Structure 6 based on the parking needs identified in the Walker Parking Study. The design approved for 750 parking spaces total (above and below grade) provided a net increase of approximately 400 parking spaces to the City’s downtown parking pool of public spaces, which exceeds the number of spaces that would be lost from demolition of PS 3.

Although the demolition and reconstruction of Parking Structures 1, 3, and 6 had been analyzed in the Downtown Public Parking Program EIR, a revised design for Parking Structure 6 necessitated an addendum to the EIR, dated April 14, 2011. This Addendum discussed the impacts of the revised Parking Structure 6 design and acknowledged the impacts of the removal of PS 3 from the parking supply. The Addendum states that, “[n]otwithstanding the removal of [PS 3] from the Downtown Parking Program, public parking needs in the Downtown area would continue to be met through a “pooled” parking supply that would include the project elements identified in the Final EIR, inclusive of the reconstruction of Parking Structure 6….” (City Council Meetings: May 11, 2010, Attachment I; January 11, 2011, Attachment J; March 8, 2011 with Addendum, Attachment K; April 26, 2011, Attachment L; July 26, 2011, Attachment M)
PS 3 Site Considered for Redevelopment as a Cinema Site In the late 1980s, the City recognized that a key ingredient to the revitalization of the Third Street Promenade was to create an entertainment district to serve as an attraction for moviegoers and to encourage co-location of restaurants and retail stores. The Zoning Ordinance was amended to encourage cinemas to locate in the Downtown area by restricting new cinema development outside the Downtown. The strategy was successful in attracting new cinemas to Downtown Santa Monica, and cinemas played a key role in the revitalization of the Third Street Promenade, and supported Downtown’s evolution as a retail, dining, and entertainment destination. At the time, three cinema companies – AMC, Mann, and Laemmle – operated four cinema complexes in the Bayside District, with a total of 21 screens and over 5,500 seats.

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At the time, it was determined that the continued success of cinemas in the Bayside District was threatened by both internal and external factors. The existing Bayside cinema complexes offered between four and seven screens each, which put them at a disadvantage in competition for first-run movies, as movie distributors preferred to offer their product to theaters that could show movies on multiple screens at multiple times. Furthermore, existing movie theaters in Santa Monica at that time did not offer stadium seating, state-of-the-art technology, enhanced food service and other amenities that newer cinemas offered.

All of the Promenade cinemas were in buildings whose sites and configurations are not large enough to accommodate current stadium-style movie complexes. Recognizing the challenge of creating new cinemas on the Third Street Promenade, as well as an opportunity to expand the energy of the Downtown District, the Promenade Uses Task Force foresaw the opportunity to combine the cinema strategy with the Downtown Parking Strategic Plan, suggesting that options to enhance the cinema experience “may include combining cinema development with the Downtown parking structure reconstruction and expansion program.” Development of a cinema project on the site of PS 3 was seen as a way to fulfill the Promenade Uses Task Force’s objective to ensure the continued operational viability of Santa Monica’s cinemas to serve residents and to support a diversity of activities in the district.

In 2007, Council authorized staff to solicit proposals for redevelopment of PS 3 into a mixed-use project that would include a state-of-the-art cinema, ground-floor retail or restaurant space, and subterranean parking. The RFP gave preference to proposals that adhered to Council-adopted criteria, including ground-level retail uses; contemporary cinemas and public parking; preservation or a modest increase to the total number of cinema seats in Santa Monica; and maximization of the availability of public parking. (Council Meeting: November 13, 2007, Attachment N)
On September 8, 2009, the City Council authorized the City’s exclusive negotiations with AMC and its development partner for a 12 to 13 screen theater with 2,000 to 2,167 seats, and ground floor retail. The proposed project could be built with or without subterranean public parking.

Including subterranean public parking beneath the mixed-use cinema site would have allowed for a portion of the parking identified in the Downtown Parking Strategic Plan to be accommodated on the site. However, there were several development challenges related to

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subterranean parking on the site. In light of these considerations, staff recommended that the project not include public parking. (Council Meetings: September 8, 2009, Attachment O; December 11, 2012, Attachment P)
The negotiations with AMC did not result in a development agreement. Consequently, on December 11, 2012, Council directed staff to negotiate in the open market with prospective cinema exhibitors and developers regarding creation of a contemporary cinema in the Downtown. After consideration of proposals, the City Council authorized City staff to negotiate exclusively with ArcLight/Macerich development team for a new cinema development on the PS 3 site. The development team’s initial concept for a 4th Street cinema included 12 to 16 screens and between 2,400 and 2,700 seats. The building could not exceed the 84-foot height limit. A pedestrian-oriented retail use would be included on the ground level to activate the street frontage. An initial study was completed, and a Draft Environmental Impact Report (Attachment Q) was circulated for public comment. The Draft EIR included the following alternative:

Alternative 5: Mixed Use Residential/Commercial Alternative - This alternative would involve demolition of Parking Structure 3 and development of a mixed use project with residential and commercial uses on the site. This alternative is designed to be consistent with the draft Tier 3 standards for housing projects in the proposed Bayside Conservation District of the DCP. At the time of this writing, the draft DCP currently proposes that Tier 3 projects with housing have a maximum of 84 feet and 4.0 FAR. Based on this and the project site size of 30,000 sf, this alternative could result in 120,000 sf of floor area, which would include 24,000 sf of retail/restaurant uses on the ground floor (assuming 20% ground floor open space requirement) and approximately 96 residential units. For the purposes of this EIR, this alternative is assumed to include approximately 10,430 sf of ground-floor restaurant uses, 13,570 sf of retail uses, and 96,000 sf of residential uses on upper floors. The residential component of this alternative would include 96 units, including (20%) 19 studios, (50%) 48 one-bedroom units, (20%) 19 two-bedroom units, and (10%) 10 three-bedroom units. The building would be a maximum of 84 feet in height, or 6-7 stories. The ground level would be developed with commercial uses and the upper stories would be developed with residences. Parking for all of the on-site uses would be provided in an onsite underground parking garage.

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Similar to the AMC proposal (and for the same reasons), the ArcLight/Macerich did not propose public parking. However, after approximately three years of negotiations, the ArcLight/AMC proposal also failed to result in a viable development proposal for the PS 3 site. (Council Meeting: April 22, 2014, Attachment R)
Downtown Community Plan
In 2017, after years of public meetings and consultations with the City’s community groups, the final Downtown Community Plan presented a vision for Downtown Santa Monica that included a prioritization for 3,024 new housing units, as well as new public spaces, a further diversification of art and cultural offerings, a prominent role for historic preservation, and a multi-faceted approach to enhancing Downtown’s pedestrian environment through building setbacks and improved streetscapes, to name but a few. The DCP was adopted as a Specific Plan pursuant to Gov. Code Sections 65450 et seq.

The DCP zones the PS 3 site as Bayside Conservation (“BC 2nd and 4th Streets”) in the City’s downtown area. This zoning allows affordable housing up to a Floor Area Ratio of 4.0, which is roughly equivalent to 120,000 square feet (DCP Table 4.2.) This “Zoning District is intended to preserve the ambiance of this well‐loved, human-scaled environment along 2nd and 4th Streets in the Downtown. This District supports a lively mix of active storefronts, restaurants, pedestrian-oriented services with the opportunity for housing and office uses on upper building floors. This District promotes adaptive re-use of existing buildings and maintenance of the traditional storefront development pattern at the ground floor.” (DCP p. 175.) The DCP itself, includes Goal AM1, which states that “People come first in Downtown. Streets are designed and operated so that people want to walk because it feels enjoyable, social comfortable and safe.” Goal AM2 further provides that “Downtown is renowned for mobility options and low Single Occupancy Vehicle (SOV) travel, particularly during peak periods.

Downtown achieves 65% of commute trips and 50% of non‐commute trips by modes other than SOV.”
To support the City’s mobility goals it approved Action AM3.6G which calls for “Publicly provided parking shall be built entirely outside of the Bayside Conservation District….” (DCP, p. 161.)

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Similarly, Action AM3.6H provides for the City to “[p]ursue the reduction of 600 public parking spaces in the Bayside Conservation District by 2027.”
Consistent with CEQA Guidelines Section 15378(d), the build-out analysis in the Environmental Impact Report for the Downtown Community Plan (“DCP EIR”)1 analyzed buildout of new housing units, including the PS 3 site. This included environmental analysis of up to 4.73 million sf of net new residential and commercial floor area, including up to 3,024 residential units (DCP EIR Section 2.6.) The EIR’s buildout assumptions were based in part upon the downtown “BuildOut Analysis”2 which identified the parking structure as “PFAR” which was assumed as a lot which would redevelop under buildout conditions in the EIR. The lots identified as PFAR were assumed to allow development of up to 1,834,694 square feet.

The DCP EIR further concluded that “SB 743 [Pub. Res. Code Section 21099(d)] also states that aesthetic and parking impacts shall not be considered significant impacts…The Downtown is classified as a transit priority area with infill residential, mixed-use, residential, and employment center development; therefore, aesthetic and shade, shadows, and solar access impacts would be considered less than significant and analyses of these impacts of projects within the Downtown are not required pursuant to CEQA.” The DCP EIR was certified by the City Council in 2017 as part of the Downtown Community Plan approval process. (City Council Meetings: February 28,2012, Attachment S; July 9, 2013, Attachment T; October 13, 2015, Attachment U; and July 10, 2017, Attachment V); Planning Commission Meetings: March 16, 2011, Attachment W; January 11, 2012, Attachment X; March 28, 2012, Attachment Y; July 11, 2012, Attachment Z; December 5, 2012, Attachment AA; January 23, 2013, Attachment AB; March 6, 2013, Attachment AC; July 17, 2013, Attachment AD; August 7, 2013, Attachment AE; November 3, 2015, Attachment AF; March 2, 2016, Attachment AG; November 16, 2016, Attachment AH; December 7, 2016, Attachment AI; April 25, 2017, Attachment AJ; May 10, 2017, Attachment AK; May 11, 2017, Attachment AL; May 17, 2017, Attachment AM; May 18, 2017, Attachment AN; May 31, 2017, Attachment AO) PS 3 as an Affordable Housing Site
1 DCP EIR: https://www.smgov.net/uploadedFiles/Departments/PCD/Plans/Downtown-SpecificPlan/DCP%20Final%20EIR-Webview%20version.pdf 2 DCP EIR Buildout Analysis: https://www.smgov.net/uploadedFiles/Departments/PCD/DowntownBuildout/Buildout%20and%20FAR%20Strategies%20Summary%20FINAL.pdf

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Reflecting community sentiment, in 2015, Council identified Maintaining an Inclusive and Diverse Community as one of its strategic goals, and in 2019, Council identified Affordability as a Framework Priority. On April 9, 2019, the City Council authorized the issuance of a request for proposals (“RFP”) for development of a 100% affordable housing development with the expectation that the City’s land conveyance would significantly reduce any other necessary City subsidy. This decision was made after considerable public deliberation at the City’s Housing Commission and City Council. Creating more affordable housing is a key element to maintaining economic diversity and affordability in Santa Monica, and it is considered a mitigation measure to reduce vehicular traffic, by displacing existing longer trips.3 The PS 3 site was also considered as optimal for development of affordable housing due to its zoning designation (the Bayside Conservation District), which allows for affordable housing 70 feet in height with a maximum floor area ratio (FAR) of 4.0. (DCP Table 4.2.) This means that the site could accommodate approximately 100 – 150 residences, depending upon final design and target populations for housing.

As explained in supporting staff reports, Council acknowledged the great need for affordable housing accompanied by the reality that producing affordable housing can be very expensive. A major driver of the expense is the cost of land. Using City-owned land for the creation of affordable housing presents an opportunity to significantly stretch the City’s limited housing trust funds, thereby increasing overall affordable housing production and the number of households assisted.

According to the staff report for the April 9, 2019 public hearing, City staff and the Housing Commission had recommended soliciting proposals for the development of affordable housing on the PS 3 site because of the age and condition of PS 3 as well as the fact that the City had long anticipated demolition of PS 3 and specifically designed Parking Structure 6 to replace the parking capacity that would be lost. Additionally, given the long-term plans for demolition, PS 3 3 The State Office of Planning and Research (OPR) adopted a Technical Advisory for Implementing new provisions of CEQA under SB 743: https://opr.ca.gov/docs/20190122-743_Technical_Advisory.pdf. That Guidance document explains that “Adding affordable housing to infill locations generally improves jobshousing match, in turn shortening commutes and reducing VMT.24,25 Further, “… low-wage workers in particular would be more likely to choose a residential location close to their workplace, if one is available.” (OPR SB 743 Technical Advisory p. 14.) “Potential measures to reduce vehicle miles travel include, but are not limited to: incorporate affordable housing into the project.” (OPR Technical Advisory, p. 27.)

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had not undergone the seismic retrofitting and suffered from chronic maintenance issues, particularly of its elevators.

The Housing Commission recommended that the City Council authorize issuance of a RFP for affordable housing at the PS 3 site with the following goals:
• Affordable housing at the site should include a major commitment to permanent supportive housing;
• The development should maximize affordable housing and the costeffectiveness of producing affordable housing; • The development team must possess strong qualifications in the development and operation of affordable housing, though non-profit or for-profit development team members may be considered; and
• The development must support the Housing Trust Fund Plan of moving people experiencing homelessness into permanent housing.

The budget cuts imposed on all City departments as a result of the COVID-19 pandemic, including the City’s former Housing and Economic Development Department, as well as the COVID-19 stay at home orders, have delayed the selection of an affordable housing development team among the candidates who responded to the City’s RFP. However, due to the recent budget restoration of one Housing staff member, staff anticipates returning to Council by the end of the calendar year with a recommendation regarding the selection of a development team for the affordable housing project. Based upon the proposals submitted, the 100% affordable housing project is anticipated to create 100-150 affordable residences, including at least 50 supportive housing residences targeted to persons experiencing homelessness. (Council Meetings: April 9, 2019, Attachment AP; March 30, 2021, Attachment AQ; June 15, 2021, Attachment AR; Housing Commission Meetings: October 18, 2018, Attachment AS; November 15, 2018; Attachment AT; February 21, 2019, Attachment AU) The City is in the process of preparing the 6th Cycle Housing Element Update (2021-2029) to plan for the regional housing needs assessment (RHNA) allocation of 8,895 units, of which 6,168 must be affordable. The RHNA allocation was determined by the Southern California Association of Governments (SCAG) Regional Council on March 4, 2021. At the March 30, 2021 and June 15, 2021 Council meetings, the Council reaffirmed the City’s plans for utilizing

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City-owned sites, which would include PS 3, for affordable housing because they are necessary to accommodate the City’s housing allocations for the 6th Cycle Housing Element update. 2020 Walker Parking Study
In preparation for its Coastal Development Permit application for the Project, the City engaged Walker Consultants to prepare a report analyzing the adequacy of the parking supply in Downtown Santa Monica and the Coastal Zone, including an analysis of potential impacts from the loss of the PS 3 parking spaces on parking and coastal access. The analyses concluded that the proposed demolition of PS 3 would not generate additional parking demand. Instead, it is expected to redistribute existing parking demand to available spaces in nearby facilities and potentially bolster other means of access to the coast, including the robust multimodal transportation system serving the Downtown area. The loss of parking supply at PS 3 would not impede the public parking system’s ability to accommodate existing parking demand on typical peak days, the analyses concluded. Walker projected that approximately 2,015 spaces would be empty and available in Downtown during the typical weekend period of peak parking demand for PS 3. (2020 Walker Report, Attachment AV)
California Coastal Commission Determination
The Coastal Commission considered the City’s demolition proposal for PS 3 as well as the 2020 Walker Parking Study, finding that the parking study provided a comprehensive analysis of the utilization of public parking facilities within three blocks of PS 3 in the Downtown area, as well as other parking facilities in the greater area closer to the coast.

The Coastal Commission found that the Walker analysis demonstrated there are sufficient parking resources available within a reasonable distance of the project site (i.e.

Downtown Municipal Parking Structures 1, 2, and 4) to adequately buffer against any public access issues that may be caused by the proposed loss of 337 public parking spaces. Further, no parking demand from PS 3 is projected to overflow into the greater area closer to the coast based on the proximity of available parking supply. In addition, the Commission found that the City is uniquely served by public transit opportunities in the form of the Expo Line, as well as countless bus routes.

Based upon the findings made by the Commission and required by the Coastal Act, the Commission approved the City’s Coastal Development Permit application for the Project at their May 13, 2021 meeting, with five standard conditions and four special conditions,

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including: 1) demolition staging area plan; 2) parking monitoring program; 3) construction responsibilities and debris removal; and 4) drainage plan.

Condition of Parking Structure 3
PS 3 is a five-level concrete structure built in 1966. City Council adopted the seismic retrofit ordinance in March 2017 to strengthen existing older buildings in the City and enhance the security and safety of their occupants. PS 3 was one of nearly 2,000 buildings in the City identified as needing seismic improvements. In order to implement the City’s seismic retrofit ordinance, the City’s Building Official issued orders to all older buildings within the City that meet certain criteria, including buildings constructed with non-ductile concrete. Because PS 3 was built as a non-ductile concrete building before earthquake building standards were in place, the City is subject to an existing order to comply with the City’s retrofit ordinance. The ordinance includes specific deadlines for compliance with milestones such as: plan submittal by April 2022 and retrofit compliance by October 2027. (Order to Structurally Analyze Potential Seismically Vulnerable Building, Record # 17SVB-0485, Attachment AW) In light of the City’s retrofit ordinance requirements, the City’s Public Works Department estimated retrofit costs and demolition costs. On June 5, 2019, during the City Council’s Budget Study Session, Council reviewed the FY 2019-20 Proposed Capital Improvement Program (“CIP”) Budget which identified the seismic upgrade costs for PS 3 as $3 million in addition to elevator replacement costs of $1.5 million, for a total repair cost of $4.5 million. Demolition costs were estimated at $3.5 million. Given the extensive historical discourse regarding the future development of PS 3, on June 25, 2019, Council Adopted the FY 2019-20 CIP Budget which approved an approximately $3.5 million project budget for the demolition of PS 3. On July 23, 2019, Council authorized staff to retain Walter P. Moore Associates Inc. to prepare plans for the demolition of PS 3. (Council Meetings: May 24, 2016, Attachment AX; June 25, 2019, Attachment AY; July 23, 2019, Attachment AZ)
If the City were to change course to retain PS 3, it would need to budget additional funds for recommended maintenance repairs and earthquake retrofitting, and risk potential damage to life and property in the event of a significant earthquake until such retrofitting has been completed.

Additionally, due to construction cost escalation during the COVID-19 pandemic, the cost of retrofitting is likely to be significantly higher than estimated in 2019.

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Environmental Status
On February 28, 2006, the City Council certified the Final Program Environmental Impact Report (Final PEIR State Clearinghouse No. 2002121122) for the City of Santa Monica Downtown Public Parking Program (Downtown Parking Program). The Final PEIR analyzed demolition and reconstruction of Parking Structure 1 located at 1234 4th Street, PS 3 located at 1320 4th Street, and Parking Structure 6 located at 1431 Second Street. The Notice of Determination was filed on May 12, 2006. (Notice of Determination, Attachment AW) On April 26, 2011, an addendum to the Final PEIR was approved by the Council to analyze removal of PS 3 and replacement of the PS 3 spaces within Parking Structure 6. (Addendum attached to Council Report March 8, 2011, Attachment K) The Final EIR for the Downtown Community Plan also analyzed a build-out scenario of 3,024 housing units, including PS 3 as an identified site for housing development. Demolition and development of affordable housing would also be exempt from environmental review pursuant to Gov. Code Section 65457. “Government Code section 65457 provides an exemption from environmental review for a residential development that is consistent with a broader specific plan for which an environmental impact report previously has been certified.” (Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301.) The City further finds that no grounds for supplemental or subsequent environmental review have occurred since approval of the DCP. As noted above under discussion of the DCP, the Project site was also determined to be exempt from parking and aesthetics analysis pursuant to SB 743 (Pub. Res. Code Section 21099(d).

The demolition of PS 3 requires a ministerial demolition permit, issued by the City’s Building Official. Ministerial projects proposed to be carried out by public agencies are exempt from the California Environmental Quality Act (“CEQA”)(Public Resources Code sections 21000 et seq.).

Pub. Resources Code § 21080(b)(1); title 14 CCR § 15369; Friends of Juana Briones House v.

City of Palo Alto (2010) 190 Cal.App.4th 286.)
On May 13, 2021, the Coastal Commission approved the demolition of PS 3 with standard conditions. Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permit applications to be supported by findings showing the approval, as conditioned, to be consistent with any applicable requirements of CEQA. Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are

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feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment.

The Commission’s regulatory program for reviewing and granting Coastal Development Permits has been certified by the Resources Secretary to be the functional equivalent of CEQA. (14 CCR § 15251(c).) The Commission noted that the City of Santa Monica is the lead agency and the Commission is a responsible agency for the purposes of CEQA. The Commission noted the City’s determination as the lead agency that the proposed demolition is exempt under CEQA Section 21080(b)(1) and made findings as the responsible agency that the relevant coastal resource impacts of the proposed project were disclosed in the Commission staff report that was considered at the May 13, 2021 public hearing before the Commission. In addition, the Commission determined that the proposed project was conditioned in order to minimize and mitigate impacts to coastal resources consistent with Chapter 3 of the Coastal Act. As conditioned, the Commission found that there are no feasible alternatives or additional feasible mitigation measures available that would substantially lessen any significant adverse effect that the activity may have on the environment, either individually or cumulatively with other past, present, or reasonably foreseeable probable future projects. Therefore, the Commission found that the proposed project, as conditioned to mitigate the identified impacts, is the least environmentally damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA.

In order to satisfy its obligations under the Housing Accountability Act (Government Code section 65589.5), the City adopted Resolution No. 11239 (CCS) on March 10, 2020, modifying the discretionary review thresholds for 100% affordable housing projects, such as the one contemplated for development on the PS 3 site, would be subject only to a ministerial approval process. 100% affordable housing projects are defined as “[h]ousing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project’s total floor area.” The effect of Resolution 11239 (CCS) is that Tier 2 housing projects that meet the qualifications of a “housing development project” under the Housing Accountability Act would be subject to ministerial approval and would not require environmental review. Cal.

Pub. Res. § 21080(b)(1); CEQA Guideline §15369 (ministerial approvals).

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However, even without the effect of Resolution No. 11239 (CCS), in order to facilitate housing approvals, CEQA already contains express exemptions for infill housing, including the following:
(i) CEQA § 21155.4; CEQA Guideline §15182 (projects proximate to transit or residential projects pursuant to the Downtown Community Plan); (ii) CEQA Guideline §15183.3 (streamlining for infill projects); (iii) CEQA § 21083.3 (CEQA restrictions on residential zoning and community plans); and
(iv)CEQA § 21159.21 (exemption for qualified housing projects) (v) Cal. Gov’t Code § 65583.2 (by-right owner occupied or multifamily housing not a “project” under CEQA)
The scope of the future 100% affordable housing development cannot be described in this report with certainty because the development team has not yet been selected and a proposed development has not been presented to stakeholders and the broader community for input.

However, it is reasonably foreseeable that the City would select a housing developer and proceed with negotiating the terms and conditions of conveyance of the site for a 100% affordable housing project that would meet the definition of “housing development project” within the meaning of the Housing Accountability Act, as well as the CEQA exemptions referenced above. While CEQA does not allow for “piecemeal” environmental review of two projects where it is reasonably foreseeable that one project is a precursor to another project, the prohibition on “piecemealing” does not apply where the projects are ministerial, since neither project would be subject to CEQA review. Pub. Resources Code § 21080(b)(1); title 14 CCR § 15369; Cal. Gov’t Code § 65583.2(i); Friends of Juana Briones House v. City of Palo Alto (2010) 190 Cal.App.4th 286. Therefore, environmental review of the 100% affordable housing project is not required before approval of the demolition of PS 3 since the 100% affordable housing project would be exempt under CEQA. Furthermore, demolition and redevelopment have already been programmatically analyzed in several prior CEQA documents.

Past City Council Actions
Meeting Date Description
06/25/19 (Attachment A) Adoption of the First Year and Approval of the Second Year of the FY 2019-21 Biennial Budget, Adoption of the Second Year of the FY 2018-20 Biennial Capital Improvement Program
Budget

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02/28/06 (Attachment B) Council adopted resolution certifying the Final Program Environmental Impact Report and authorized staff to proceed with next steps to implement the Downtown Parking Program 05/09/06 (Attachment C) Council approved the Downtown Parking Program and adopted the resolution making the necessary CEQA findings.
09/08/09 (Attachment E) Council authorized staff to return with actions necessary to implement the recommendations of the Walker Parking Study 02/23/10 (Attachment G) Council reviewed and provided input on the Walker Parking Study Implementation Plan
04/26/11 (Attachment H) Council approved the proposed schematic design for Parking Structure 6
05/11/10 (Attachment I) Council authorized the City Manager to negotiate and execute a design-build contract for architectural and engineering design services for the demolition and rebuilding of Parking Structure 6 01/11/11 (Attachment J) Council reviewed and provided input on the proposed design concepts for Parking Structure 6
03/08/11 (Attachment K) Council introduced for first reading an ordinance amending provisions of SMMC Article IX (Zoning Ordinance) related to City-owned public parking structures in order to implement the Downtown Parking Program and facilitate construction of new municipal public parking structures
04/26/11 (Attachment L) Council introduced for first reading an ordinance amending provisions of SMMC Article IX (Zoning Ordinance) related to City-owned public parking structures in order to implement the Downtown Parking Program and facilitate construction of new municipal public parking structures
07/26/11 (Attachment M) Council reviewed progress of the proposed 50% design development plans for Parking Structure 6
11/13/07 (Attachment N) Council authorized a Request Proposals to Redevelop the Site of Parking Structure No. 3 for Subterranean Parking, Ground Floor Retail and Cinema Development
09/08/09 (Attachment O) Council authorized exclusive negotiations with AMC and its development partner for a theater at the PS 3 site
12/11/12 (Attachment P) Council authorized staff to negotiate in the open market for cinema development at the City-owned property at 1320 4th Street
04/22/14 (Attachment R) Council authorized the City Manager to negotiate and execute an Exclusive Negotiating Agreement (ENA) with the team
of ArcLight Cinemas and Macerich to develop and operate a multiplex cinema at 1320 4th Street
02/28/12 (Attachment S) Council reviewed and commented on the emerging themes and approach identified for the preparation of the Downtown Specific Plan
07/09/13 (Attachment T) Council reviewed and discussed development concepts and strategies for the Downtown Specific Plan
10/13/15 (Attachment U) City Council prioritized completion of the Downtown Specific Plan
07/10/17 (Attachment V) The Final Public Hearing Draft Downtown Community Plan and Associated Amendments to the Land use and Circulation
Element

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04/09/19 (Attachment AP) Council authorized staff to issue an RFP for the development of affordable housing on the City-owned land
03/30/21 (Attachment AQ) Council authorized staff to retain Walter P. Moore Associates Inc. to prepare plans for PS 3 Demolition project
06/15/21 (Attachment AR) Council provided direction to staff on the draft concepts and strategies to include in the 6th Cycle Housing Element Update 05/24/16 (Attachment AX) City Council prioritized completion of the Downtown Specific Plan
06/25/19 (Attachment AY) Council authorized staff to issue an RFP for the development of affordable housing on the City-owned land
Past Planning Commission Actions
Meeting Date Description
03/16/11 (Attachment W) Commission explored opportunities to meet the goals and policies to achieve the community vision in the Land Use and Circulation Element (LUCE)
01/11/12 (Attachment X) Introduction to the Downtown Specific Plan team including consultants Torti Gallas and Partners Inc.
03/28/12 (Attachment Y) Planning Commission reviewed and commented on the preliminary public realm design concepts for the Downtown Specific Plan
07/11/12 (Attachment Z) Workshop to report on the community visioning to date and continue to gather input for the next phases of the Downtown Specific Plan
12/05/12 (Attachment AA) The third community workshop for the Downtown Specific Plan to report on progress made to date
01/23/13 (Attachment AB) Update on the Emerging Downtown Specific Plan 03/06/13 (Attachment AC) Update on the Emerging Downtown Specific Plan Circulation Components
07/17/13 (Attachment AD) Downtown Specific Plan CEQA Parameters 08/07/13 (Attachment AE) Recommendation to the City Council on development concepts and strategies for the Downtown Specific Plan California Environmental Quality Act (CEQA) Analysis
11/03/15 (Attachment AF) Study session to review and receive Planning Commission comments on the elements contained within the Draft
Downtown Specific Plan
03/02/16 (Attachment AG) Study session to review and receive Planning Commission comments on the elements contained within the second draft of the Downtown Community Plan
11/16/16 (Attachment AH) A study session on the Downtown Community Plan to review the public outreach that has occurred since March 2016
12/07/16 (Attachment AI) Continuation of November 16, 2016 public hearing 04/26/17 (Attachment AJ) Resolutions of Intention of the Planning Commission of the City of Santa Monica declaring its intention to consider
recommending to the City Council that the Council make
amendments to the Land Use and Circulation Element, Civic Center Specific Plan, and Zoning Ordinance to implement and ensure consistency with the goals, policies, development standards, and procedures set forth in the Downtown

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Community Plan. First Public Hearing to review the Final Public Hearing Draft of the Downtown Community Plan (DCP) and
Final Environmental Impact Report
05/10/17 (Attachment AK) Second Public Hearing to review the Final Public Hearing Draft of the Downtown Community Plan (DCP) and Final
Environmental Impact Report
05/11/17 (Attachment AL) Third Public Hearing to review the Final Public Hearing Draft of the Downtown Community Plan (DCP) and Final
Environmental Impact Report
05/17/17 (Attachment AM) Fourth Public Hearing to review the Final Public Hearing Draft of the Downtown Community Plan (DCP) and Final
Environmental Impact Report
05/18/17 (Attachment AN) Fifth Public Hearing to review the Final Public Hearing Draft of the Downtown Community Plan (DCP) and Final
Environmental Impact Report
05/31/17 (Attachment AO) Adopt a Resolution recommending that the City Council approve the Downtown Community Plan
Past Housing Commission Actions
Meeting Date Description
10/18/18 (Attachment AS) Presentation and discussion of potential for affordable housing development on City-owned properties, and possible action regarding a recommendation to City Council.
11/15/18 (Attachment AT) Presentation and discussion of potential for affordable housing development on City-owned properties.
02/21/19 (Attachment AU) Presentation and discussion of potential for affordable housing development on City-owned properties, and possible action regarding a recommendation to City Council.

Studies, Reports, and Other Documents
Date Description
2006 (Attachment D) Notice of Determinations for the PIER (Downtown Parking Program)
2009 (Attachment F) 2009 Walker Parking Study
2014 (Attachment Q) Arclight Cinemas Project DEIR
2020 (Attachment AV) 2020 Walker Parking Study
2007 (Attachment AW) Order to Structurally Analyze Potential Seismically Vulnerable Building
Vendor Selection - Construction
Bidder Recommendation
Best Bidder AMPCO Contracting, Inc.

Evaluation Criteria Price; the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; the reputation and experience of the bidder.

Municipal Code SMMC 2.24.180

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Submittals Received
JMDL Inc. Non-Responsive Resource
Environmental, Inc..
$3,367,000.00
AMPCO Contracting,
Inc.
$2,219,622.22 NR Development, Inc. $3,389,499.00
Silverado Contractors,
Inc.
$2,425,197.00 Interior Demolition,
Inc.
$3,406,000.00
GGG Demolition, Inc. $2,582,800.00
Bid Data
Date Posted Posted on Advertised in (City
Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/09/2021 City’s Online
Bidding Site
Santa Monica Daily
Press
71 04/16/2021
Best Bidder Justification
Staff recommends AMPCO Contracting Inc., as the best bidder based on the price and completion of past projects for the Cities of Torrance, San Leandro, Culver City, Huntington Beach, the County of Los Angeles and Santa Monica Malibu Unified School District. The recommended bidder has demonstrated the ability to perform quality work. Staff contacted the references provided by AMPCO Contracting Inc. for similar projects in the Cities of San Leandro, Culver City, Huntington Beach, and Pasadena. All references spoke very highly of AMPCO for the work AMPCO completed and reported that the projects were completed in a timely and cost- efficient manner while maintaining consistent quality. Staff also verified with the Contractor’s State License Board that AMPCO Contracting Inc. license is current and active.

Construction Management
The construction management firm would provide construction observation for the Project. The observer would oversee and inspect the construction work, potential remediation, ensure it adheres to project design plans and specifications, answer contractor questions in the field, verify quantities on contractor invoices, prepare daily reports, capture, and maintain progress photos, coordinate work with various City departments, distribute construction notifications, and address questions and concerns from the public. City staff does not have the capacity to inspect this project, which requires full-time field oversight.

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Arcadis was selected for this project from an approved shortlist of construction management firms. The shortlist was created by way of a Request for Qualifications (RFQ) process, and Arcadis submitted a proposal as part of the RFP process and was subsequently selected.

Pre-Qualified Vendors
Arcadis Skanska PreScience
Corporation
Vanir Construction
Management, Inc.

Selection Criteria
Evaluation Criteria Technical competence, staffing capability, project approach, past performance, dispute resolution, quality control, cost control, management services, customer services, and ability to meet the required time frame. The City is not required to select the proposal with the lowest price.

Municipal Code SMMC 2.24.190
RFQ Data
Date
Posted
Posted On Advertised in (City
Charter & SMMC)
Vendors
Downloaded
Submittal
Received
Date
Publicly
Opened
9/25/2019 City’s Online
Bidding Site
Santa Monica Daily
Press
110 29 10/24/2019
Justification to Short-List
Responding vendors’ proposals were evaluated and scored on the above criteria and the top four were recommended as best qualified firms for the Heavy Structural Civil, Pier, Parking Structures, and Airport Work Category.

Bidder Recommendation
Best Qualified Person/Firm Arcadis
Evaluation Criteria Technical competence, staffing capability, project approach, past performance, dispute resolution, quality control, cost control, management services, customer services, and ability to meet the required time frame. The City is not required to select the proposal with the lowest price.

Municipal Code SMMC 2.24.190
Proposals Received
Arcadis Skanska
RFP Data
Posted On Posted On Number of Vendors
Downloaded
Number of Submittals
Received
Date Publicly
Opened
3/24/2021 Directly
Published to 4
4 2 4/8/2021

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Pre-Qualified
Firms
Justification to Award
Two firms submitted a proposal for construction observation services. Based on the selection criteria set forth in SMMC 2.24.190, staff recommended Arcadis as the best qualified firm to provide construction observation services based on its qualifications, price, the competence, and skill of the staff assigned to this project, and its direct related experience providing similar services for municipal agencies.

Public Outreach
Public outreach during demolition of PS 3 would be provided by the City’s construction manager. Public outreach would include notifying adjacent properties and the surrounding community of the scope of the project, schedule, hours of work and potential impacts, with monthly updates on the “Know Before You Go” (KBUG) website and monthly in a Monday edition of the Santa Monica Daily Press and various social media channels. The demolition duration is estimated to be 180 calendar days and would begin in late 2021 or early 2022.

Financial Impact and Budget Actions
Staff seeks authority to approve funding from the Tenant Ownership Rights Charter Amendment (TORCA) Housing Trust Fund to award contracts with AMPCO Contracting Inc. and Arcadis for the demolition and construction observation services for the Project, respectively.

Contract Request - Construction
FY 2020-21 Budget
Request Amount
CIP Account Total Contract Amount
$2,552,566 C1407860.689000 $2,552,566
Total Construction $2,552,566
Contract Request - Construction Observation
FY 2020-21 Budget
Request Amount
CIP Account Total Contract Amount
$172,800 C1407860.689000 $172,800
Total Construction Management $172,800

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Packet Pg. 621 Attachment: Staff Report - Award Bid #2610 for the Demolition of Parking Structure #3 (6692 : RFP for City Owned Sites) 25 of 26
Prepared By: Curtis Castle, Principal Civil Engineer
Approved Forwarded to Council
Attachments:

A. June 25, 2019 (weblink)
B. February 28, 2006 (weblink)
C. May 9, 2006 (weblink)
D. Notice of Determination for PIER (Dwtn Parking Program) E. September 8, 2009 (weblink)
F. Walker Study 2009 Report
G. February 23, 2010 (weblink)
H. April 26, 2011 (Weblink)
I. May 11, 2010 (weblink)
J. January 11, 2011 (weblink)
K. March 8, 2011 (weblink)
L. April 26, 2011 Ordince Revision
M. July 26, 2011 (weblink)
N. November 13, 2007 (weblink)
O. September 8, 2009 (weblink)(AMC Negotiations Authorization) P. December 11, 2012 (weblink)
Q. Arclight Cinemas Project EIR (weblink)
R. April 22, 2014 (weblink)
S. February 28, 2012 (weblink)
T. July 9, 2013 (weblink)
U. October 13, 2015 (weblink)
V. Final Public Hearing Downtown Community Plan, July 10, 2017 W. Planning Commission March 16, 2011 (weblink)
X. Planning Commission January 11, 2012 (weblink)
Y. Planning Commission March 28, 2012 (weblink)
Z. Planning Commission July 11, 2012 (weblink)
AA. Planning Commission December 5, 2012 (weblink)
BB. Planning Commission January 23, 2013 (weblink)
CC. Planning Commission March 6, 2013 (weblink)
DD. Planning Commission July 17, 2013 (weblink)
EE. Planning Commission August 7, 2013 (weblink)

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Packet Pg. 622 Attachment: Staff Report - Award Bid #2610 for the Demolition of Parking Structure #3 (6692 : RFP for City Owned Sites) 26 of 26
FF.Planning Commission November 3, 2015 (weblink)
GG. Planning Commission March 2, 2016 (weblink)
HH. Planning Commission November 16, 2016 (weblink)
II. Planning Commission December 7, 2016 (weblink)
JJ. Planning Commission April 26, 2017 (weblink)
KK. Planning Commission May 10, 2017 (weblink)
LL.Planning Commission May 11, 2017 (weblink)
MM. Planning Commission May 17, 2017 (weblink)
NN. Planning Commission May 18, 2017 (weblink)
OO. Planning Commission May 31, 2017 (weblink)
PP. April 9, 2019 HOUSING DEV
QQ. March 30, 2021 (weblink)
RR. June 15, 2021 (weblink)
SS. Housing Commission October 18, 2018 (weblink)
TT.Housing Commission November 15, 2018 (weblink)
UU. Housing Commission February 21, 2019 (weblink)
VV. Walker Study 2020 PS3 Final Report
WW. Order Potential Seismically Vulnerable Building
XX. May 24, 2016 (weblink)
YY. June 25, 2019 (weblink)
ZZ.Buildout and FAR Strategies
AAA. Parking Structure Inspection Report-2009
BBB. Notice of Determination-Downtown Parking Improvement Program CCC. AMPCO_Oaks
DDD. Arcadis_Oaks
EEE. Written Comment
FFF. Written Comments
GGG. PowerPoint Presentation

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Packet Pg. 623 Attachment: Staff Report - Award Bid #2610 for the Demolition of Parking Structure #3 (6692 : RFP for City Owned Sites) Downtown Parking Improvement Program
Summary
ContactInformation
SCH Number
2002121122
Lead Agency
City of Santa Monica
Document Title
Downtown Parking Improvement Program
Document Type
NOD - Notice of Determination
Received
5/12/2006
Posted
5/12/2006
Present Land Use
General Plan: Downtown Core, General Commercial with Downtown Core, General Commercial The area includes most of the Bayside District Specific Plan area and is also within the Downtown Urban Design Plan area. Zoning: BSC (Bayside Commercial), C3C (Downtown Overlay) The Local Coastal Program - Land Use Plan designates the area as downtown commercial use. The portion of the area west of 4th Street is located within the California Coastal Zone.

Document Description
The proposed project would involve: 1) seismic retrofitting of Parking Structure No. 2 at 1235 2nd Street and No. 4 at 1321 2nd Street; 2) demolition and reconstruction of Parking Structure No. 1 at 1234 4th Street, No. 3 at 1320 4th Street, and No. 6 at 1431 2nd Street; and 3) construction of two new structures, located generally in the area bounded by 4th Court and 6th Court between Wilshire Blvd. and Colorado Avenue. The Program would result in an increase of 1,712 parking spaces and up to approximately 59,340 square feet of ground floor commercial space.

Name
Ellen Gebhard
Agency Name
City of Santa Monica
Contact Types
2/14/25, 1:57 PM Downtown Parking Improvement Program
https://ceqanet.opr.ca.gov/2002121122/4 1/3

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Packet Pg. 624 Attachment: Downtown Parking Improvement Program NOD (6692 : RFP for City Owned Sites) Location
Notice ofDetermination
Determinations
Lead/Public Agency
Address
1685 Main Street
Santa Monica, CA 90401
Phone
(310) 458-2275
Cities
Santa Monica
Counties
Los Angeles
Cross Streets
Bounded by Wilshire Blvd. on north, Colorado Ave. on south, 2nd St. on west, 6th Court on east Zip
90401
State Highways
I-10, PCH, SR-1
Schools
Santa Monica HS
Approving Agency
City of Santa Monica
Approving Agency Role
Lead Agency
Approved On
5/9/2006
(1) The project will have a significant impact on the environment Yes
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
2/14/25, 1:57 PM Downtown Parking Improvement Program
https://ceqanet.opr.ca.gov/2002121122/4 2/3

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Packet Pg. 625 Attachment: Downtown Parking Improvement Program NOD (6692 : RFP for City Owned Sites) Disclaimer: The document was originally posted before CEQAnet had the capability to host attachments for the public.

To obtain the original attachments for this document, please contact the lead agency at the contact information listed above.
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA No
(3) Mitigated measures were made a condition of the approval of the project Yes
(4) A mitigation reporting or monitoring plan was adopted for this project N/A
(5) A Statement of Overriding Considerations was adopted for this project Yes
(6) Findings were made pursuant to the provisions of CEQA Yes
2/14/25, 1:57 PM Downtown Parking Improvement Program
https://ceqanet.opr.ca.gov/2002121122/4 3/3

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Packet Pg. 626 Attachment: Downtown Parking Improvement Program NOD (6692 : RFP for City Owned Sites) City Council
Report
City Council Meeting: March 28, 2017
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney’s Office Subject: Second Reading and Adoption of an Ordinance Amending Articles IV and VIII of the Santa Monica Municipal Code by Updating Seismic Retrofit Standards and Tenant Protection Laws
Recommended Action
Staff recommends that City Council adopt the Ordinance Amending Articles IV and VIII of the Santa Monica Municipal Code.

Executive Summary
At its meeting on February 14, 2017, the City Council introduced for first reading an ordinance Amending Articles IV and VIII of the Santa Monica Municipal Code by updating seismic retrofit standards and tenant protection laws.

The ordinance is now presented to City Council for adoption.

Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney Approved Forwarded to Council
Attachments:

A. Ordinance
B. Written Comments

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Packet Pg. 627 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 628 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 629 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 630 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 631 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 632 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 633 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 634 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 635 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 636 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 637 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 638 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 639 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 640 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 641 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 642 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 643 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 644 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 645 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 646 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 647 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 648 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 649 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 650 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 651 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 652 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 653 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 654 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 655 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 656 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 657 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 658 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 659 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 660 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 661 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 662 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 663 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 664 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 665 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 666 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 667 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 668 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 669 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 670 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 671 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 672 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 673 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 674 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 675 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 676 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 677 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 678 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 679 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 680 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 681 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 682 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 683 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 684 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 685 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 686 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 687 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites)

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Packet Pg. 688 Attachment: Resolution - Updating Seismic Retrofit Standards and Tenant Protection Laws (6692 : RFP for City Owned Sites) 1 City Council Meeting: February 25, 2025 Santa Monica, California RESOLUTION NUMBER ___ (CCS)
(City Council Series)

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

CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY OWNED BY THE CITY AND LOCATED AT 1333 4TH STREET, 1324 5TH STREET, AND 2500 OLYMPIC BOULEVARD IN THE CITY OF SANTA MONICA, CALIFORNIA, CONSTITUTE SURPLUS LAND; FINDING THAT CERTAIN REAL PROPERTY LOCATED AT 1234 4th STREET CONSTITUTES EXEMPT SURPLUS LAND; FINDING THAT SUCH DECLARATION IS EXEMPT

FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING RELATED ACTIONS
WHEREAS, the California Surplus Land Act (Government Code 54220 et seq.) (the “SLA”) governs the sale of surplus lands and requires local agencies to prioritize opportunities for certain uses including affordable housing development for any land the entity may sell or lease; and
WHEREAS, land no longer needed for a local agency’s use may be declared either “surplus” or “exempt surplus” by the legislative body of the local agency as supported by written findings; and
WHEREAS, the disposition of exempt surplus land does not have to follow the procedural requirements of the Surplus Land Act, and includes surplus land that is offered for open, competitive bid for 100% affordable housing development; and WHEREAS, the SLA and Housing Element Law require local agencies to report on the list of surplus lands in the General Plan Annual Progress Report, which is due April 1 of each year; and
WHEREAS, the City of Santa Monica owns those certain parcels at 1333 4th Street and 1324 5th Street (collectively known as “4th/5th/Arizona”), 2500 Olympic Boulevard (known as “the Bergamot Arts Center”),and 1234 4th Street (“Parking Structure 1” or “PS 1”) (collectively, “the Properties”); and

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Packet Pg. 689 Attachment: SLA Resolution (6692 : RFP for City Owned Sites) 2 WHEREAS, the Properties qualify as “surplus land” or “exempt surplus land” within the meaning of the Surplus Land Act because the City has plans to develop these properties for qualifying affordable housing projects; and WHEREAS, the development of the Properties for affordable housing is consistent with the City’s adopted and certified 2021-2029 Housing Element, which identifies the 4th/5th/Arizona and the Bergamot Arts Center as suitable to accommodate a portion of the City’s share of regional housing need for lower income households pursuant to State law; and
WHEREAS, the City desires to declare 4th/5th/Arizona and the Bergamot Arts Center as “surplus land” within the meaning of the SLA; and WHERAS, the City desires to declare the PS 1 site as “exempt surplus land” within the meaning of the SLA; and
WHEREAS, the City desires to issue a Request for Proposals for all three sites and/or follow the required procedures under the SLA for “exempt surplus land” and “surplus land” to develop affordable housing on the Properties in accordance with the SLA and the City’s Housing Element; and
WHEREAS, the legal descriptions for the Properties are described in Exhibit “A,” attached hereto and made a part of hereof; and
WHEREAS, the staff report accompanying this resolution provides supporting information upon which the declaration and findings set forth in this Resolution are based;
NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Council hereby designates the 4th/5th/Arizona site and the Bergamot Arts Center as “surplus land” within the meaning of the SLA.

SECTION 3. The City Council hereby designates Parking Structure 1 site as “exempt surplus land”.

SECTION 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), as further explained in the staff report accompanying this resolution.

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Packet Pg. 690 Attachment: SLA Resolution (6692 : RFP for City Owned Sites) 3 SECTION 5. The City Manager or his or her designee is authorized to submit the report of declared “surplus land” and “exempt surplus” land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law, and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.

SECTION 6. The City Manager or designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA.

SECTION 7. The City Clerk shall certify 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. 691 Attachment: SLA Resolution (6692 : RFP for City Owned Sites) 4 EXHIBIT “A”

LEGAL DESCRIPTIONS
1333 4th Street APN: 4291-011-909 & 910; Size in Acres: 1.21 Legal Description:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1:

ALL OF THAT REAL PROPERTY LOCATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS:

LOT U IN BLOCK 145 OF THE TOWN OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81, AND IN BOOK 39, PAGES 45, ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 2:

ALL OF LOTS V, W AND X, IN THE NORTHWESTERLY 15 FEET OF LOT T, IN BLOCK 145, OF THE TOWN OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81, AND IN BOOK 39, PAGES 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 3:

LOTS "R" AND "S" AND THE SOUTHEASTERLY 35 FEET OF LOT "T", IN BLOCK 145, OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 39, PAGES 45 ET SEQ. AND IN BOOK 3, PAGES 80 AND 81 OF

MISCELLANEOUS
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 1324 5th Street; APNs: 4291-011-900, 901, 902, 903, 904, & 905; 908 Size: 1.21 acres Legal Descriptions:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1:

LOTS "A", "B" AND "C" IN BLOCK 145 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 OF MAPS, AND IN BOOK 39, PAGE 45 ET. SEQ. OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 4291-001-900
APN: 4291-001-901
APN: 4291-001-902
PARCEL 2: LOTS "D", "E", AND "F" IN BLOCK 145 OF THE TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 OF MISCELLANEOUS RECORDS, AND IN BOOK 39, PAGE45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT FROM LOT "E" ALL URANIUM, THORIUM AND OTHER FISSIONABLE MATERIALS, ALL OIL, GAS,

PETROLEUM, ASPHALTUM, AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS AND

MINERAL ORES OF EVERY KIND AND CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR

NOT, WITHIN OR UNDERLYING, OR WHICH MAY BE PRODUCED FROM THE HEREINBEFORE DESCRIBED

LAND, TOGETHER WITH THE RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE PRESENT SURFACE OF SAID LAND,

FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIUM,

THORIUM, AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM, AND OTHER

MINERALS OR HYDROCARBON SUBSTANCES FROM SAID LAND, IT BEING EXPRESSLY UNDERSTOOD

AND AGREED THAT SAID SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS,

SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF SAID LAND, OR TO USE SAID LAND OR ANY PORTION THEREOF TO SAID DEPTH OF FIVE HUNDRED (500) FEET, FOR ANY PURPOSE WHATSOEVER,

AS RESERVED IN THE DEED FROM SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION, FORMERLY SOUTHERN CALIFORNIA EDISON COMPANY, LTD., RECORDED JUNE 15, 1977 AS INSTRUMENT NO. 77-634846, OFFICIAL RECORDS.

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT "G" IN BLOCK 145 OF TOWN OF SANTA MONICA, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGES 80 AND 81 AND IN BOOK

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Packet Pg. 692 Attachment: SLA Resolution (6692 : RFP for City Owned Sites) 5 39, PAGE 45 ET SEQ., OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 4291-011-908
2500 Olympic; APN: 4268-013-919 and 4268-014-900; Size: 5.6 acres Legal Description:

All that certain real property situated in the County of Los Angeles, State of California, described as follows:

THOSE PORTIONS OF THOSE PARTS OF THE RANCHO SAN VICENTE Y SANTA MONICA, IN THE CITY OF

SANTA MONICA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED IN THE DEED TO LOS ANGELES AND INDEPENDENCE RAILROAD COMPANY, RECORDED ON DECEMBER 11, 1875, IN BOOK 40, PAGE 282 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND IN THE DEED TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED ON AUGUST 11, 1894, IN BOOK 955, PAGE 142 OF SAID DEEDS, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES:

BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED

IN SAID DEED TO SOUTHERN PACIFIC RAILROAD COMPANY WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF STEWART STREET, 30 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 7993, RECORDED IN BOOK 98, PAGES 89, 90 AND 91 OF MAPS, IN THE OFFICE OF

SAID COUNTY RECORDER, SAID POINT BEING THE MOST SOUTHERLY CORNER OF THAT CERTAIN PIECE OF PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED TO GENERAL TELEPHONE COMPANY OF CALIFORNIA, RECORDED ON AUGUST 25, 1965, AS INSTRUMENT NO. 493, IN BOOK D3026, PAGE 657 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 14° 03' 37" WEST, ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, 298.30 FEET TO THE MOST WESTERLY

CORNER OF SAID LAST MENTIONED LAND, SAID CORNER BEING THE SOUTHERLY TERMINUS OF THE WESTERLY LINE OF THAT PORTION OF STEWART STREET, 80 FEET WIDE, DESCRIBED IN THAT CERTAIN INDENTURE TO CITY OF SANTA MONICA, RECORDED ON FEBRUARY 7, 1975, AS INSTRUMENT NO. 2849, IN BOOK D6552, PAGE 131 OF SAID OFFICIAL RECORDS; THENCE NORTH 14° 03' 37" WEST, ALONG SAID WESTERLY LINE, 33.62 FEET TO A POINT THAT IS DISTANT SOUTH 14° 03' 37" EAST, ALONG SAID WESTERLY LINE, 16.30 FEET FROM THE CENTERLINE OF THE 100-FOOT WIDE STRIP OF LAND

DESCRIBED IN SAID DEED TO LOS ANGELES AND INDEPENDENCE RAILROAD COMPANY, SAID POINT BEING IN A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 11,637.14 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 14° 59' 22" WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 0° 58' 10", AN ARC DISTANCE OF 196.90 FEET; THENCE SOUTH 5° 10' 56" EAST, 9.56 FEET; THENCE SOUTH 73° 10' 46" WEST, 81.31 FEET; THENCE SOUTH 71° 21' 49" WEST, 185.56 FEET; THENCE SOUTH 72° 12' 36"WEST, 115.68 FEET; THENCE SOUTH 70° 55' 34" WEST, 471.68 FEET; THENCE SOUTH 68° 21' 17" WEST, 59.66 FEET; THENCE NORTH 23° 49' 07" WEST 4.78 FEET; THENCE SOUTH 69° 28' 21" WEST, 294.46 FEET; THENCE SOUTH 70° 46' 23" WEST, 68.93 FEET TO THE EASTERLY LINE OF THAT PORTION OF 26TH STREET, 74 FEET WIDE, DESCRIBED IN THAT CERTAIN INDENTURE TO CITY OF SANTA MONICA, RECORDED ON NORTH NOVEMBER 10, 1959, AS INSTRUMENT NO. 2918, IN BOOK D659, PAGE 969 OF SAID OFFICIAL RECORDS; THENCE SOUTH 15° 40' 32" WEST ALONG SAID EASTERLY LINE AND ALONG THE EASTERLY LINE OF THAT PORTION OF 26TH STREET, 74 FEET WIDE, DESCRIBED IN THE DEED TO CITY OF SANTA MONICA, RECORDED ON NOVEMBER 6, 1959, AS INSTRUMENT NO. 2885, IN BOOK D657, PAGE 187 OF SAID OFFICIAL RECORDS, 191.63 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTH 14° 35' 43" EAST, ALONG SAID WESTERLY LINE, 8.55 FEET TO THE NORTHEASTERLY

LINE OF THAT CERTAIN PIECE OF PARCEL OF LAND DESCRIBED IN THE DEED TO SANTA MONICA BRICK COMPANY, RECORDED ON OCTOBER 15, 1943, AS INSTRUMENT NO. 1785, IN BOOK 20393, PAGE 24 OF SAID OFFICIAL RECORDS; THENCE SOUTH 59° 19' 46" EAST, ALONG SAID NORTHEASTERLY LINE, 46.53 FEET TO SAID SOUTHEASTERLY LINE; THENCE NORTH 75° 56' 12" EAST, ALONG SAID SOUTHEASTERLY LINE, 1532.92 FEET TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF LOT 2 IN BLOCK 30 OF ERKENBRECHER SYNDICATE SANTA MONICA TRACT, IN SAID CITY, COUNTY AND STATE, AS PER MAP RECORDED IN BOOK 6, PAGES 26 AND 27 OF SAID MAPS, INCLUDED WITHIN THE FOLLOWING DESCRIBED LINES:

BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 25 FEET; THENCE WESTERLY IN A DIRECT LINE,

64.65 FEET, MORE OR LESS, TO A POINT IN THE NORTHERLY LINE OF SAID LOT 2 THAT IS DISTANT WESTERLY THEREON 85 FEET FROM THE SAID MOST EASTERLY CORNER; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 85 FEET TO THE POINT OF BEGINNING.

11.A.g
Packet Pg. 693 Attachment: SLA Resolution (6692 : RFP for City Owned Sites) EXCEPT THEREFROM THAT PORTION DESCRIBED AS PARCEL E2-1001 IN THE FINAL ORDER OF CONDEMNATION ENTERED IN SUPERIOR COURT CASE NO. BC488379, A CERTIFIED COPY OF WHICH RECORDED MAY 6, 2014 AS INSTRUMENT NO. 20140470731 OF OFFICIAL RECORDS, SAID PARCEL E2-1001 BEING DESCRIBED THEREIN AS THAT PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED OCTOBER 13, 1989 AS INSTRUMENT NO. 89-1657788, OF OFFICIAL

RECORDS OF SAID COUNTY, LYING NORTHERLY AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LAND, SAID CORNER BEING A POINT ON THE SOUTHEASTERLY LINE OF 26TH STREET, 74.00 FEET WIDE, AS DESCRIBED IN SAID GRANT DEED; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE SOUTH 16°10'03" WEST 42.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 68°10'02" EAST 10.51 FEET; THENCE NORTH 88°59'56" EAST 3.79 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 10.00 FEET; THENCE EASTERLY ALONG SAID CURVE 3.01 FEET THROUGH A CENTRAL ANGLE OF 17°13'54"; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE RADIAL LINE SOUTH 18°13'58" EAST 2.30 FEET; THENCE NORTH 68°10'02" EAST 69.50 FEET; THENCE SOUTH 21°49'58" EAST 1.79 FEET; THENCE NORTH 68°10'02" EAST 1.79 FEET; THENCE SOUTH 21°49'58" EAST 10.77 FEET; THENCE NORTH 68°10'02" EAST 121.53 FEET; THENCE SOUTH 21°49'58" EAST 3.00 FEET; THENCE NORTH 68°10'02" EAST 143.92 FEET; THENCE NORTH 21°49'58" WEST 3.00 FEET; THENCE NORTH 68°10'02" EAST 67.29 FEET; THENCE NORTH 21°49'58" WEST 7.21 FEET; THENCE NORTH 68°10'02" EAST 50.68 FEET; THENCE SOUTH 21°49'58" EAST 44.20 FEET; THENCE NORTH 68°10'02" EAST 18.51 FEET; THENCE NORTH 21°49'58" WEST 62.76 FEET; THENCE NORTH 68°10'02" EAST 66.53 FEET TO THAT COURSE IN THE NORTHERLY LINE OF SAID GRANT DEED HAVING A BEARING AND DISTANCE OF "SOUTH 70°55'34" WEST 471.68 FEET" (SOUTH 71°23'18" WEST FOR PURPOSES OF THIS DESCRIPTION).

ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO THE EXPOSITION METRO LINE CONSTRUCTION AUTHORITY BY QUITCLAIM DEED RECORDED OCTOBER 15, 2014 AS INSTRUMENT NO. 20141089676, OF OFFICIAL RECORDS AND CERTIFICATE OF ACCEPTANCE WAS RECORDED NOVEMBER 5, 2014 AS INSTRUMENT NO. 20141176902 OFFICIAL RECORDS .

ALSO EXCEPT ALL MINERALS AND MINERAL RIGHTS, INTERESTS, AND ROYALTIES, INCLUDING

WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON

SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, IN AND UNDER THE PROPERTY, AS RESERVED IN INSTRUMENT RECORDED OCTOBER 13, 1989, INSTRUMENT NO. 89- 1657788, OFFICIAL RECORDS.
1234 4th; APN: 4291-003-903; Size: acres 0.69
Legal Description:

All that certain real property situated in the County of Los Angeles, State of California, described as follows:

Parcel 1:

Lot "H" and the Southeast 25 feet of Lot "G" in Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81 and in Book 39, Page 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.

Parcel 2:

The Southeasterly 25 feet of Lot "F" and the Northwesterly 25 feet of Lot "G" of Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81, and in Book 39, Pages 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.

Parcel 3:

The Northwesterly 25 feet of Lot "F" in Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81, and in Book 39, Pages 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.

Parcel 4:

Lot "E" in Block 121 of the Town of Santa Monica, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 3, Pages 80 and 81, and in Book 39, Pages 45, et seq., of Miscellaneous Records, in the Office of the County Recorder of said County.

11.A.g
Packet Pg. 694 Attachment: SLA Resolution (6692 : RFP for City Owned Sites) 1 David Yakobson
From: [email protected]
Sent: Tuesday, February 25, 2025 11:58 AM
To: councilmtgitems; Barry Snell; Caroline Torosis; Dan Hall; Ellis Raskin; Jesse Zwick; Lana Negrete; Natalya Zernitskaya; Santa Monica City Manager's Office Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: FOSP: City Council 2/25 agenda item 11-A -- OPPOSE!

EXTERNAL
February 25, 2025
To: Mayor Negrete and City Council members
From: Board of Directors, Friends of Sunset Park
RE: 2/25/25 agenda item 11-A: Surplus declarations -- OPPOSE! The FOSP Board opposes declaring the Bergamot Arts Center Station, 4th/5th & Arizona, and Parking Structure 1 on 4th Street as "Surplus Land."
1) The Bergamot Arts Center is a unique collection of art galleries that draws visitors from near and far. The parking lot is usually full, so filling that space with housing will mean the end of the Arts Center.
2) Many people feel that 4th/5th & Arizona should be devoted to park space for the growing population in downtown Santa Monica.
3) If the city continues demolishing parking structures adjacent to the Promenade, it's not clear how the businesses on the Promenade will recover as a source of revenue for the city. The parking structures themselves are also revenue sources for the city.

Again, the FOSP Board opposes agenda item 11-A.

Thank you for your consideration.

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 695 Attachment: Written Comments (6692 : RFP for City Owned Sites) 2 David Yakobson
From: Elizabeth Lerer <[email protected]>
Sent: Tuesday, February 25, 2025 11:50 AM
To: councilmtgitems; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Jesse Zwick
Subject: Item 11. A.

EXTERNAL
City Council,
DO NOT convert our public land to housing.

Elizabeth Lerer
- voting resident -
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 696 Attachment: Written Comments (6692 : RFP for City Owned Sites) 3 David Yakobson
From: Dannie Charney <[email protected]>
Sent: Tuesday, February 25, 2025 11:12 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Douglas Sloan; Elaine Polachek; Santa Monica City Manager's Office Subject: OPPOSE Agenda Item 11.A Council Mtg 2/25/2025

EXTERNAL
OPPOSE Agenda Item 11.A Council Mtg 2/25/2025
THE BOTTOM LINE: WE NEED AFFORDABLE HOUSING- YES BUT WHY NOT CHANGE OUR RULESWe should never have sold out in the first place- thank you Gleam Davis and Councils of 2018-2019 who decided to lower the inclusionary to nearly nothing as a giveaway to the developers, County and State machines..and Yimby..

Other cities aren't doing it... so let's do this:

1. Go back and require every empty unit in a new build since 2015 to be made affordable.. if it has been empty for over one year..

2. Require every single building built now or in the works to provide 30-50% affordable units..I mean truly affordable, not in name only.

You say you want a city for diversity and families but since 2012 and probably earlier, you have done the opposite- you only provide for the well off and the well employed.

Our City was sold out by Gleam Davis and her gang.. take it back.

If you can pass all these other items that are dear to your heart..show your real support for residents in need and a City that is now fastItem 11-A February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 697 Attachment: Written Comments (6692 : RFP for City Owned Sites) 4 tracked to be NYC/Miami West. Stephanie Reich's "dream come true". What a nightmare for the rest of us.

Change the rules and watch Madison, Cypress and the rest of these monsters who don't give a damn what they do while destroying us..leave ..and go destroy another city.

Danielle Charney
From Tricia Crane and Northeast Neighbors about this:

There has been absolutely no consultation with the residents on the systematic elimination of commercial revenue subsidies of basic city services that this action represents. Over 50% of our General Fund revenues that run our city are related to commercial activity. If businesses are diminished as parking is removed, who will pay? The residents will. Or, given what it costs to run our city, current and future residents will all suffer reductions in police, fire, libraries, street sweeping and other essential services.

If YOU, the Council support this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 698 Attachment: Written Comments (6692 : RFP for City Owned Sites) 5 YOU, City Council ARE being asked to:

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014- 900

2. Declare as "surplus land" two City-owned properties located at:
 1333 4th Street (APNs 4291-011- 909 and 4291-011-910)  1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

3. Declare as "surplus land" City-owned property located at:
1234 4th Street (Parking Structure 1)
At a time when the City should be focusing on generating revenues needed to support the expected population growth, the Council must not take this action. We all need our local businesses to succeed.

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 699 Attachment: Written Comments (6692 : RFP for City Owned Sites) 6 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Tuesday, February 25, 2025 11:03 AM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Barry Snell; Dan Hall; Natalya Zernitskaya; Ellis Raskin
Cc: Elaine Polachek; Jing Yeo; Natalie Verlinich; Heather Averick; Armine Chaparyan; Susan Cline; Susan Cola; Douglas Sloan
Subject: Re: NE Neighbors - OPPOSE Agenda Item 11.A - Council must not support the demolition of public parking for 100% affordable housing projects Attachments: Revenues that Comprise General Fund.pdf

EXTERNAL
See attachment - Revenues that Comprise General Fund
On Tuesday, February 25, 2025 at 10:50:10 AM PST, Ann Hoover <[email protected]> wrote:

Agree with all that NEN has communicated here.

Why do we keep proposing actions that kill support for our business community, revenues from which are a KEY component of our General Fund, which provides 58% of the support for the City's $765.3 million budget expenditures in 2024-25???
Property Taxes are the #1 Support of the General Fund at 18.5% Sales and Transaction & Use is the #2 Support of the General Fund at 17.3% Not to mention parking revenues.

Where is the logic? Do we have a "budget crisis" or do we not? Are we trying to revitalize The Promenade & Downtown businesses or not? Are we trying to keep Main Street vibrant and our local businesses and mom & pops healthy and thriving? Or are proposed actions like these, which undermine the very thing that provides such major income to the City, a big part of the problem? OPPOSE, particularly tearing down the Main Street Parking lots and Parking Structure #1. We don't even have money to build affordable housing at the former Parking Structure #4 site, right? ----- Forwarded Message -----
From: Tricia Crane <[email protected]>
To: Tricia Crane <[email protected]>
Sent: Monday, February 24, 2025 at 10:50:32 AM PST
Subject: NE Neighbors - OPPOSE Agenda Item 11.A - Council must not support the demolition of public parking for 100% affordable housing projects
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 700 Attachment: Written Comments (6692 : RFP for City Owned Sites) 7 Dear Northeast Neighbors and friends,
The City is proposing to turn the city-owned public parking lots and a structure that our local businesses rely on into 100% affordable housing at four different locations in Santa Monica. The Board of NE Neighbors opposes this action in the letter to Council embedded below.

Tricia
Here is the link to the full Council
Agenda: https://santamonicacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1430 ---------- Forwarded message ---------
To: Lana Negrete <[email protected]>, <[email protected]>, Jesse Zwick <[email protected]>, Ellis Raskin <[email protected]>, Dan Hall <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>
Cc: <[email protected]>, Douglas Sloan <[email protected]> Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 701 Attachment: Written Comments (6692 : RFP for City Owned Sites) 8 To: City Council
From: Northeast Neighbors
Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025 Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item

11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268- 014-900
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 702 Attachment: Written Comments (6692 : RFP for City Owned Sites) 9 2. Declare as "surplus land" two City-owned properties located at:
 1333 4th Street (APNs 4291-011- 909 and 4291-011-910)  1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

The Board of Northeast Neighbors
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 703 Attachment: Written Comments (6692 : RFP for City Owned Sites) 10 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 704 Attachment: Written Comments (6692 : RFP for City Owned Sites) 11 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 705 Attachment: Written Comments (6692 : RFP for City Owned Sites) 12 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 706 Attachment: Written Comments (6692 : RFP for City Owned Sites) 13 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 707 Attachment: Written Comments (6692 : RFP for City Owned Sites) 14 David Yakobson
From: Sue Edwards <[email protected]>
Sent: Tuesday, February 25, 2025 11:04 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems; Elaine Polachek; Douglas Sloan Subject: Item 11A

EXTERNAL
Dear Councilmembers,
As a longtime resident of Santa Monica, I urge you not to support item 11A, or at least offer some modifications before supporting it.

Thank you.

Sue Edwards
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 708 Attachment: Written Comments (6692 : RFP for City Owned Sites) 15 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Tuesday, February 25, 2025 10:50 AM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Barry Snell; Dan Hall; Natalya Zernitskaya; Ellis Raskin
Cc: Elaine Polachek; Jing Yeo; Natalie Verlinich; Heather Averick; Armine Chaparyan; Susan Cline; Susan Cola; Douglas Sloan
Subject: Fw: NE Neighbors - OPPOSE Agenda Item 11.A - Council must not support the demolition of public parking for 100% affordable housing projects

EXTERNAL
Agree with all that NEN has communicated here.

11.A.h
Packet Pg. 709 Attachment: Written Comments (6692 : RFP for City Owned Sites) 16 Dear Northeast Neighbors and friends,
The City is proposing to turn the city-owned public parking lots and a structure that our local businesses rely on into 100% affordable housing at four different locations in Santa Monica. The Board of NE Neighbors opposes this action in the letter to Council embedded below.

11.A.h
Packet Pg. 710 Attachment: Written Comments (6692 : RFP for City Owned Sites) 17 To: City Council
From: Northeast Neighbors
Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025 Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item

11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268- 014-900
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 711 Attachment: Written Comments (6692 : RFP for City Owned Sites) 18 2. Declare as "surplus land" two City-owned properties located at:
 1333 4th Street (APNs 4291-011- 909 and 4291-011-910)  1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

The Board of Northeast Neighbors
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 712 Attachment: Written Comments (6692 : RFP for City Owned Sites) 19 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 713 Attachment: Written Comments (6692 : RFP for City Owned Sites) 20 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 714 Attachment: Written Comments (6692 : RFP for City Owned Sites) 21 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 715 Attachment: Written Comments (6692 : RFP for City Owned Sites) 22 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 716 Attachment: Written Comments (6692 : RFP for City Owned Sites) Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 717 Attachment: Written Comments (6692 : RFP for City Owned Sites) 1 David Yakobson
From: Nikki Kolhoff <[email protected]>
Sent: Tuesday, February 25, 2025 10:16 AM
To: councilmtgitems; Lana Negrete; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Barry Snell
Subject: City Council Agenda Item 11.A Feb. 25, 2025 - OPPOSE Declaration of Surplus

EXTERNAL
To: City Council
Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025 Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item

11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

You will be decimating our vital infrastructure. You can't even make the lot that was Parking Structure 3 work, but you are recklessly surplussing another parking structure that was built with tax money for resident parking. 4th/5th/Arizona should be a small central park for downtown Santa Monica, as residents fought for when defeating The Plaza. If you can't even put a park in the middle of our downtown in furtherance of your alleged goal of being 15-minute city, why would anyone trust you with the airport land? If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance. Your pursuit of ideological goals with no recognition of reality is bankrupting our city.

City Council is being asked to
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 718 Attachment: Written Comments (6692 : RFP for City Owned Sites) 2 1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268- 014-900

Regards,
Nikki Kolhoff
Santa Monica Resident and Voter
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 719 Attachment: Written Comments (6692 : RFP for City Owned Sites) 7 David Yakobson
From: Faustino Garza <[email protected]>
Sent: Tuesday, February 25, 2025 9:08 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Elaine Polachek; Douglas Sloan
Subject: Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
To All Santa Monica City Council Members:

I write to you as a 37-year homeowner and resident of Santa Monica to oppose the proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing.

The removal of more parking lots will be detrimental to commercial activity and thus to our city, resulting in a negative impact on city services and our residents.

My wife and I have stopped shopping and dining in downtown Santa Monica in large part because of the inconvenience of parking near places of business. Further elimination of parking spaces will only compound this problem for many of us residents and visitors.

Faustino Garza
Sunset Park
Santa Monica
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 720 Attachment: Written Comments (6692 : RFP for City Owned Sites) From: Ann Hoover
To: Lana Negrete; Elaine Polachek; Caroline Torosis; Ellis Raskin; Barry Snell; Dan Hall; Jesse Zwick; Natalya Zernitskaya; councilmtgitems Cc: Heather Averick; Douglas Sloan; Susan Cola; Susan Cline; Christopher J. Smith; Jenny Rogers; Sofia Klatzker; Jing Yeo; Armine Chaparyan; Natalie Verlinich; Ann Bowman; Steven Johnson; John Smith; Maryanne LaGuardia; Lori Brown
Subject: February 25, 2025 Council Meeting - Item 11.A. - Priorities for Bergamot Station Arts Center RFP Date: Tuesday, February 25, 2025 10:01:54 AM

EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis, Ms. Polachek, and Esteemed Councilmembers - My cab driver on the way home from LAX yesterday was an exceptionally delightful man named Mr. Cho. He let me take a picture of the front of his cab, including permission to include himself, so here he is! Mr. Cho and I were having a great chat and as he drove us near Bergamot Station he began to rhapsodize about how much he loves visiting the galleries at Bergamot.

He said that he and his wife get sandwiches and then they spend the day at Bergamot, eating the sandwiches in the outdoor areas and then they take their time visiting all of the galleries. He said that some of the art is too expensive for them to buy but that some of it is affordable and they enjoy purchasing a piece from time to time that they take home.

He essentially was telling me that Bergamot is his happy place.

I don't think encounters like this one are accidental. I believe in serendipity.

So I hope that Council will prioritize the following tonight in its direction re: the Bergamot RFP, keeping the lovely Mr. Cho and his wife and the joy they find at Bergamot Arts Station in mind (i.e., please find a way to preserve existing tenancies and gallery uses and outdoor spaces, given the close proximity to transit that brings visitors from all over the region here):

FROM STAFF REPORT:
"Release of Notice/RFP in 2025 for Bergamot
Staff is recommending Bergamot be prioritized for the next RFP for several reasons:
1) Creation of workforce and artist housing has been identified as a critical need 2) Ongoing maintenance and facility costs associated with the Bergamot buildings 3) Lease revenue for the City’s General Fund from the 4th/5th/Arizona bank leases Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 721 Attachment: Written Comments (6692 : RFP for City Owned Sites) 4) Potential to package 4th/5th/Arizona site with the PS1 site to support financially feasible developments that meet the Housing Element commitment while potentially allowing for community benefits or a revenue generating source 5) Federal and State tax credits for affordable housing are extremely limited and competitive, Bergamot is better positioned to successfully apply and receive tax credits given its adjacency to transit.

Guiding Principles to be included in the Notice/RFP

1. Reaffirm the City’s commitment in the Housing Element to provide a minimum of 707 affordable residences at Bergamot, up to 80% Area Median Income (AMI).

2. Explore the potential of residences for artist affordable housing.

4. Explore other potential commercial uses that prioritize cultural/arts uses.

5. Explore the feasibility and possibility of preservation (in part or in whole) of existing uses.

6. Tenant retention onsite.

7. Transit-oriented development principles and its proximity to the E-Line.

8. Community engagement."
** 9. Public outdoor and green space! (See the City's Open Space Element of the General Plan and how Bergamot is supposed to be part of a central corridor of community and open spaces - a "Seam of Central Open Spaces" - pp. 25-27) ** https://www.santamonica.gov/media/Document%20Library/Topic%20Explainers/Planning%20Resources/Open%20Space%20Element%20- %20March%201997.pdf
Thank you!
Sincerely,
Ann Bowman
Resident, 28+ years
Recreation and Parks Commissioner
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 722 Attachment: Written Comments (6692 : RFP for City Owned Sites) 8 David Yakobson
From: Karen Croner <[email protected]>
Sent: Tuesday, February 25, 2025 7:46 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems; Elaine Polachek; Douglas Sloan Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-900

2. Declare as "surplus land" two City-owned properties located at:
· 1333 4th Street (APNs 4291-011- 909 and 4291-011-910) · 1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291- 011-905 and 4291-011-908).

Karen Croner
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 723 Attachment: Written Comments (6692 : RFP for City Owned Sites) 9 David Yakobson
From: Wendy Dembo <[email protected]>
Sent: Tuesday, February 25, 2025 7:45 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Douglas Sloan; Elaine Polachek
Subject: Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Dear Council Members,
I have one question. Do you have the financing for these four 100% low-income buildings? The City Council rushed to tear down parking structure 4 and the lot has sat empty for five (?) years. The City lost the income from the parking structure and nothing has changed.

We need the Chase bank and the parking lots -- for the parking and their continued revenue.

The other day, I tried to get Jazz by Toni Morrison out of the SMPL. My daughter needed it that day (SAMOHI didn't have enough copies). I couldn't get it because it was at a branch that was closed on Monday.

Please think about the repercussions of getting rid of much-needed parking for the lots to sit vacant.

With great concern,
Wendy Dembo
Santa Monica Resident and Wilmont Council Member
On Mon, Feb 24, 2025 at 11:18 AM Wendy Dembo <[email protected]> wrote:

Re: OPPOSE Agenda Item 11. A, Council meeting of Feb. 25, 2025 Dear Esteemed Council,
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 724 Attachment: Written Comments (6692 : RFP for City Owned Sites) 10 In a perfect world, all Santa Monica visitors would take the train, a bus, or ride bikes. But in reality, people love their cars and they love to have easy and accessible parking.

Santa Monica receives a large part of its general budget from taxes that it collects from people, who visit Santa Monica restaurants and stores. If there is no parking, they won't come.

Tuesday night, you will vote on a proposal to repurpose commercial infrastructure on cityowned land at four key locations into 100% affordable housing. Agenda item 11.A asks the Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

There has been absolutely no consultation with the residents on the systematic elimination of commercial revenue subsidies of basic city services that this action represents. Over 50% of the general fund revenues that run our city are related to commercial activity. If businesses are diminished as parking is removed, who will pay? The residents will. Or, given what it costs to run our city, current and future residents will all suffer reductions in police, fire, libraries, street sweeping, and other essential services.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

The City Council is being asked to
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 725 Attachment: Written Comments (6692 : RFP for City Owned Sites) 11 1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268- 014-900

With great regret,
Wendy Dembo
Santa Monica Resident and Wilmont Board member
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 726 Attachment: Written Comments (6692 : RFP for City Owned Sites) 12 David Yakobson
From: Burt Goldstein <[email protected]>
Sent: Tuesday, February 25, 2025 7:20 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Elaine Polachek; Douglas Sloan
Subject: Writing in OPPOSITION to Agenda Item 11.A

EXTERNAL
To: City Council
From: Burt Goldstein
Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025 Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on cityowned land at four key locations into 100% affordable housing. Agenda item 11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 727 Attachment: Written Comments (6692 : RFP for City Owned Sites) 13 David Yakobson
From: William Schoene <[email protected]>
Sent: Tuesday, February 25, 2025 12:37 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems; Elaine Polachek; Douglas Sloan Subject: Oppose Agenda Item 11.A

EXTERNAL
Dear Councilfolk.

We think it would not be sound fiscal policy to replace revenue-generating city-owned infrastructure with relatively dense housing that would increase the city's cost for services. Lose, lose fiscally, really. Besides, if Santa Monica's commercial and tourist sectors eventually recover to pre-pandemic levels -- and we sure hope that they do -- then we're going to need all of that parking.

Wlliam & Mary Lou Schoene
1519 Oak Street Santa Monica 90405
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 728 Attachment: Written Comments (6692 : RFP for City Owned Sites) 14 David Yakobson
From: girltunes <[email protected]>
Sent: Monday, February 24, 2025 11:27 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Elaine Polachek; Douglas Sloan
Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Dear City Council,
I stand with Northeast Neighbors regarding their opposition to Agenda Item 11.A, Council meeting of Feb. 25, 2025.

You are going to seriously damage Santa Monica with your irresponsible proposal to remove city-owned, revenue producing public parking. We lose tons of business due to parking shortages already and now we will lose yet more business as well as parking revenue. This is madness. When are you going to serve Santa Monicans rather than the developers? SIncerely,
Ferris Gluck
To: City Council
From: Northeast Neighbors
Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025 Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item 11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

There has been absolutely no consultation with the residents on the systematic elimination of commercial revenue subsidies of basic city services that this action Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 729 Attachment: Written Comments (6692 : RFP for City Owned Sites) 15 represents. Over 50% of our General Fund revenues that run our city are related to commercial activity. If businesses are diminished as parking is removed, who will pay? The residents will. Or, given what it costs to run our city, current and future residents will all suffer reductions in police, fire, libraries, street sweeping and other essential services.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014- 900

The Board of Northeast Neighbors
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 730 Attachment: Written Comments (6692 : RFP for City Owned Sites) 16 David Yakobson
From: Dana Kotler <[email protected]>
Sent: Monday, February 24, 2025 11:16 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Barry Snell; councilmtgitems; Douglas Sloan; [email protected]
Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Hello,
Once again, I am astonished at the direction the City of Santa Monica is going in. While other cities across the greater LA area are thriving, ours is a wasteland of a formerly amazing city. Instead of trying to bring back business, we’re now here proposing to get rid of parking- further hurting our city’s businesses.

Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item 11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-900

2. Declare as "surplus land" two City-owned properties located at:
• 1333 4th Street (APNs 4291-011- 909and 4291-011-
910)
•
1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 731 Attachment: Written Comments (6692 : RFP for City Owned Sites) 17 3. Declare as "surplus land" City-owned property located at:
1234 4th Street (Parking Structure 1)
At a time when the City should be focusing on generating revenues needed to support the expected population growth, the Council must not take this action. We all need our local businesses to succeed.

Regards,
Dana Kotler
Sent from my iPhone
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 732 Attachment: Written Comments (6692 : RFP for City Owned Sites) 18 David Yakobson
From: D'Orsogna, Maria R <[email protected]>
Sent: Monday, February 24, 2025 10:48 PM
To: councilmtgitems
Subject: Agenda Item 11.A - do not demolish public parking

EXTERNAL

Dear City Council person,
it has come to my attention that you are proposing to get rid of four or five city-owned parking lots and buildings in exchange for 100% affordable housing at the core of downtown.

I am not sure of the details as the process has not been very transparent on your part.

In any event... if this is true, where will people, residents and tourists alike, park? How are our businesses going to survive without parking? How will you be able to guarantee services for the influx of new population? Where will new services be built? Does it make sense to build 100% affordable housing in several lots at the center of what should be our tourist engine?
Have any of you studied urban planning and/or heard of master plans? Everything should have its place, and construction should not be a random process.

This is downtown, where tourists come, and where they should be lavished with beauty and elegance.

To the best of my knowledge these 100% affordable housing units typically fail, as this is just a fancy name for public housing. One just needs to look at Cabrini-Green in Chicago, Illinois or Pruitt Igoe in Saint Louis, Missouri, or even to the projects in New York City.

And mind you, the parking lots you want to destroy were built with our taxpayer dollars.

Personally, I stopped going Downtown as the crime and drugs and homelessness and violence are out of control. Your first priority should be exerting some tough love on vagrants, helping business owners and tourists, instead of catering to the pockets of developers.

Sincerely,
Maria
From: D'Orsogna, Maria R
Sent: Monday, February 24, 2025 10:45 PM
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 733 Attachment: Written Comments (6692 : RFP for City Owned Sites) 19 To: [email protected] <[email protected]> Subject: Agenda Item 11.A - do not demolish public parking

I am not sure of the details as the process has not been very transparent on your part.

This is downtown, where tourists come, and where they should be lavished with beauty and elegance.

And mind you, the parking lots you want to destroy were built with our taxpayer dollars.

Sincerely,
Maria
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 734 Attachment: Written Comments (6692 : RFP for City Owned Sites) 20 David Yakobson
From: Kathy Knight <[email protected]>
Sent: Monday, February 24, 2025 9:55 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems; Elaine Polachek; Douglas Sloan Cc: Friends of Sunset Park
Subject: Oppose Agenda Item 11A of Council Meeting February 25, 2025

EXTERNAL
To the Santa Monica City Council:

Please vote NO on a proposal to demolish 4 important parking areas in our downtown Santa Monica. We need these important
parking areas so that we can easily find a place to park when we are doing business downtown. They are an important
part of being able to drive around to the various areas to be able to take care of business matters and also to shop at our local stores, buying items they are selling. Our businesses need this support.

There are many non-affordable housing projects being built. Why can’t some of that space include more affordable housing?
Sincerely,
Kathy Knight
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 735 Attachment: Written Comments (6692 : RFP for City Owned Sites) 21 David Yakobson
From: Jennifer Shiri <[email protected]>
Sent: Monday, February 24, 2025 9:36 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Elaine Polachek; Douglas Sloan
Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
To: City Council
From: Northeast Neighbors
Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025 Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item 11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-900

3. Declare as "surplus land" City-owned property located at:
1234 4th Street (Parking Structure 1)
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 736 Attachment: Written Comments (6692 : RFP for City Owned Sites) 22 At a time when the City should be focusing on generating revenues needed to support the expected population growth, the Council must not take this action. We all need our local businesses to succeed.

Regards,
Jennifer Shiri
858-922-5693
Sent from my iPhone
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 737 Attachment: Written Comments (6692 : RFP for City Owned Sites) 23 David Yakobson
From: Ruthann Lehrer <[email protected]>
Sent: Monday, February 24, 2025 9:31 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Subject: Comments on 11A

EXTERNAL

Honorable Mayor Negrete and Councilmembers,
I am offering some comments on sections 1 and 3 in item 11A.

Section 1: Bergamot Station Conservation Arts Center is a unique cultural destination and important to Santa Monica’s identity. Any new development at that site should be compatible with those primary uses. This site is neither vacant nor surplus.

Section 3: demolition of PS1
Please do not adopt this without a more comprehensive evaluation of the economic impacts on the downtown business community.

The staff report and other documents don’t include a study of the economic impacts on our downtown businesses, which are struggling to survive the current downturn. The public parking structures are major public assets that support commercial and retail activity in the heart of our city, providing visitor and residential basic amenities to access our restaurants, stores, cultural activities etc. It seems very shortsighted to shift our development focus solely to housing at the expense of the economic diversity that makes us a complete and balanced city.

It is not surprising that the Walker Consultants study supports the direction that staff is seeking, but their data is based upon fiscal year July 2023 -June 2024. The report does state, on p. 18: …across a 365-day survey period the 2016/17 and 2018/19 occupancy data were generally higher than the 2023/24 data.

Looking at 2016/17 data, there were 34 days where study area demand for parking could exceed the supply if PS1 and Lot 27 are removed from the study area supply.

We should not remove the infrastructure that would enable us to return to the higher level of economic activity downtown of those past times.

The staff report notes that PS1 is not designated as a city-owned site reserved for affordable housing development in the Housing Element. The site is not vacant or surplus.

It is an important public service amenity to support the health of our downtown business community.

Please do not adopt the staff recommendation on PS1 without further study and consultation with affected stakeholders and residents.

Thank you,
Ruthann Lehrer, a 50-year resident of Santa Monica
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 738 Attachment: Written Comments (6692 : RFP for City Owned Sites) 24 …

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 739 Attachment: Written Comments (6692 : RFP for City Owned Sites) 25 David Yakobson
From: Jessica Pirrone <[email protected]>
Sent: Monday, February 24, 2025 9:22 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; David White
Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
To: City Council
Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing. Agenda item 11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

City Council is being asked to
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 740 Attachment: Written Comments (6692 : RFP for City Owned Sites) 26 1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013- 919 and 4268-014-900

2. Declare as "surplus land" two City-owned properties located at:
 1333 4th Street (APNs 4291-011- 909and 4291-011-910)
 1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011- 902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

We all need our local businesses to succeed.

Thank you,
Jessica Pirrone
612 17th Street
Santa Monica, CA 90402
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 741 Attachment: Written Comments (6692 : RFP for City Owned Sites) 1 David Yakobson
From: Sam Shapiro-Kline <[email protected]>
Sent: Monday, February 24, 2025 3:48 PM
To: councilmtgitems
Subject: Comment on Agenda Item 11.A

EXTERNAL
Hello Councilmembers,
Please see below my thoughts on item 11.A, the declaration of certain sites as surplus land.  I support declaring all parcels Surplus Land, not Exempt Surplus. Flexibility is needed given the changing affordable housing funding landscape.
o City must consider private development options that would include an affordable housing component at the Arizona site, including a hotel. RFP for this site and others should offer maximum flexibility (open to all uses, all densities/heights) so that the city can see a variety of potential offers and determine what is in our best interest. o I support demolishing PS1, and beginning the coastal commission process to do so immediately. While options 2 and 3 are both acceptable, the city should initiate the demolition process on its own, and then begin the process of an RFP of the site as Surplus Land.  RFP for Bergamot and Arizona should be issued simultaneously or in short sequence in 2025, not waiting 2 years for Arizona. The aim should be to break ground in ~2 years, not begin the RFP process then.
o Associated with this, the city should reject a long-term (5 year) lease with BofA in favor of a 1-2 year extension
o The RFP process must be simplified from the city’s perspective and be opened to all proposals, with simple guiding principles, namely that proposals should produce affordable housing and/or tax revenue. We cannot delay housing production due to the desire to micro-manage RFPs.

Best,
Sam Shapiro-Kline
90403
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 742 Attachment: Written Comments (6692 : RFP for City Owned Sites) 2 David Yakobson
From: phil traill <[email protected]>
Sent: Monday, February 24, 2025 3:20 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems

EXTERNAL
To: City Council
I OPPOSE Agenda Item 11.A
Tuesday night City Council will vote on a proposal to repurpose commercial infrastructure on city-owned land at four key locations into 100% affordable housing.

Agenda item 11.A asks Council to “authorize staff to proceed with developing bidding documents for the demolition” of four sites in Santa Monica.

Council must pls not take this action.

There has been absolutely no consultation with the residents on the systematic elimination of commercial revenue subsidies of basic city services that this action represents.

Over 50% of our General Fund revenues that run our city are related to commercial activity. If businesses are diminished as parking is removed who will pay? The residents will. Or given what it costs to run our city current and future residents will all suffer reductions in police fire libraries street sweeping and other essential services.If the Council supports this action our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.This item is presented without any analysis of the required balance.

City Council is being asked to1. Declare as "surplus land" City-owned properties located at:Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-900 2. Declare as "surplus land" two Cityowned properties located at:
· 1333 4th Street (APNs 4291-011- 909 and 4291-011-910) · 1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011- 902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

Phil Traill
2404 Cloverfield Blvd
Santa Monica 90405
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 743 Attachment: Written Comments (6692 : RFP for City Owned Sites) 3 David Yakobson
From: Daniel Galamba <[email protected]>
Sent: Monday, February 24, 2025 3:12 PM
To: councilmtgitems
Subject: February 25, 2025 City Council Meeting: Please OPPOSE Agenda Item 11.A - Council must not support the demolition of public parking to build 100% affordable housing projects

EXTERNAL
Dear City Council,
I must ask you not to support the demolition of public parking in order to build 100% affordable housing projects.

The City Council is being asked to:

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014-900 2. Declare as "surplus land" two City-owned properties located at:
* 1333 4th Street (APNs 4291-011- 909 and 4291-011-910) * 1324 5th Street (APNs 4291-011-900, 4291-011-901, 4291-011-902, 4291-011-903, 4291-011-904, 4291-011-905 and 4291-011-908).

3. Declare as "surplus land" City-owned property located at:
1234 4th Street (Parking Structure 1)
If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector. We should be supporting our local businesses and helping them to survive, not supporting their demise. Thank you.

Sincerely,
Dr Daniel Galamba
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 744 Attachment: Written Comments (6692 : RFP for City Owned Sites) 4 David Yakobson
From: Daniel Galamba <[email protected]>
Sent: Monday, February 24, 2025 3:06 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Subject: Please OPPOSE Agenda Item 11.A - Council must not support the demolition of public parking to build 100% affordable housing projects

EXTERNAL
Dear City Council,
I must ask you not to support the demolition of public parking in order to build 100% affordable housing projects.

The City Council is being asked to:

1. Declare as "surplus land" City-owned properties located at:

Sincerely,
Dr Daniel Galamba
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 745 Attachment: Written Comments (6692 : RFP for City Owned Sites) 5 David Yakobson
From: Ann Maggio <[email protected]>
Sent: Monday, February 24, 2025 3:00 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems; Elaine Polachek; Douglas Sloan Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Dear Santa Monica City Council,
"According to that study, other parking facilities have enough space to handle parking demands from the post-Covid era and if the City used older parking data from busier economic times, the reduced parking facilities would have enough capacity to handle parking demands about 91% of the time." https://smdp.com/news/item-16-discussions-set-to-dominate-tuesdays-city-council-meeting/ Based on the Staff's recommendation AND the parking report, it seems the expectation is that most area businesses surrounding these lots won't be revived to provide taxable income for the city coffers so they choose zero income.

Furthermore, the claim is that should taxable businesses take hold where current vacancies exist, the intended consequence is that 9% of the time cars would circle around the area and in and out of parking facilities in search of a spot....sometimes simply giving up and taking their business elsewhere.

Does anyone proposing these ideas have a degree in economics? How is circling around the area in line with the city's sustainability goals? Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 746 Attachment: Written Comments (6692 : RFP for City Owned Sites) 1 David Yakobson
From: Gail Gordon <[email protected]>
Sent: Monday, February 24, 2025 1:35 PM
To: councilmtgitems
Subject: Oppose 11a

EXTERNAL
I am a resident and business owner in Santa Monica and I oppose the demolition of Parking Lot #4.

Our businesses rely on these parking lots to survive. Business is bad enough in the City due to Crime which has gone uncontrolled.

Do not make it more difficult for businesses to survive by limiting access to their businesses.

Parking must be provided.

Sent from my iPhone
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 747 Attachment: Written Comments (6692 : RFP for City Owned Sites) 2 David Yakobson
From: Lauren Birnstein <[email protected]>
Sent: Monday, February 24, 2025 11:56 AM
To: councilmtgitems
Cc: [email protected]
Subject: 11.A Demolition of Public Parking Buildings 2/25 Meeting Agenda

EXTERNAL
Both my husband and I strongly oppose this agenda (11.A Demolition of Public Parking Buildings). It is inconceivable to us how this source of revenue and convenience for a city that is having monetary problems and is having businesses move away or shutter, can be taken away. The Second Street Promenade is already a disaster because businesses are moving away. Does the Council see what this will do to all the businesses in the area? Shame on you for even considering this!
Lauren and Peter Birnstein, 834 25th Street, Santa Monica 90403 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 748 Attachment: Written Comments (6692 : RFP for City Owned Sites) 3 David Yakobson
From: Ann Maggio <[email protected]>
Sent: Monday, February 24, 2025 11:28 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems; Elaine Polachek; Douglas Sloan Subject: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Dear Santa Monica City Council,
Santa Monica's garbage has no permanent home and when we find one it will cost more than twice the price. Meanwhile, the rat infestations increase, our sewage and water infrastructure is rotting and when work is done there is no coordination to bury the fire prone electrical wires, our streets have potholes, our sidewalks and curbs are broken, we lack streetlights and others are broken, crosswalks aren't painted, bus stop signage, trash receptacles and other such public properties remain filthy and disgusting. Nothing shines here other than the sun.

Put our tax dollars to work by fixing all the things that are broken. This is your duty.

Sincerely,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 749 Attachment: Written Comments (6692 : RFP for City Owned Sites) 4 David Yakobson
From: Wendy Dembo <[email protected]>
Sent: Monday, February 24, 2025 11:18 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Douglas Sloan; Elaine Polachek
Subject: Re: OPPOSE Agenda Item 11.A, Council meeting of Feb. 25, 2025

EXTERNAL
Re: OPPOSE Agenda Item 11. A, Council meeting of Feb. 25, 2025 Dear Esteemed Council,
In a perfect world, all Santa Monica visitors would take the train, a bus, or ride bikes. But in reality, people love their cars and they love to have easy and accessible parking.

Santa Monica receives a large part of its general budget from taxes that it collects from people, who visit Santa Monica restaurants and stores. If there is no parking, they won't come.

Council must not take this action.

11.A.h
Packet Pg. 750 Attachment: Written Comments (6692 : RFP for City Owned Sites) 5 represents. Over 50% of the general fund revenues that run our city are related to commercial activity. If businesses are diminished as parking is removed, who will pay? The residents will. Or, given what it costs to run our city, current and future residents will all suffer reductions in police, fire, libraries, street sweeping, and other essential services.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

This item is presented without any analysis of the required balance.

The City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014- 900

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 751 Attachment: Written Comments (6692 : RFP for City Owned Sites) 6 With great regret,
Wendy Dembo
Santa Monica Resident and Wilmont Board member
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 752 Attachment: Written Comments (6692 : RFP for City Owned Sites) 7 David Yakobson
From: Tricia Crane <[email protected]>
Sent: Monday, February 24, 2025 10:10 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya; councilmtgitems
Cc: Elaine Polachek; Douglas Sloan
Subject: OPPOSE Agenda Item 11.A - Council must not support the demolition of needed commercial infrastructure

Council must not take this action.

If the Council supports this action, our city will suffer the permanent loss of irreplaceable properties that are essential to supporting and revitalizing our struggling commercial sector.

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 753 Attachment: Written Comments (6692 : RFP for City Owned Sites) 8 This item is presented without any analysis of the required balance.

City Council is being asked to

1. Declare as "surplus land" City-owned properties located at:

Bergamot Station Arts Center located at 2500 Olympic (APNs 4268-013-919 and 4268-014- 900

The Board of Northeast Neighbors
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 754 Attachment: Written Comments (6692 : RFP for City Owned Sites) 9 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

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Packet Pg. 755 Attachment: Written Comments (6692 : RFP for City Owned Sites) 10 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

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Packet Pg. 756 Attachment: Written Comments (6692 : RFP for City Owned Sites) 11 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

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Packet Pg. 757 Attachment: Written Comments (6692 : RFP for City Owned Sites) 12 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

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Packet Pg. 758 Attachment: Written Comments (6692 : RFP for City Owned Sites) 13 Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 759 Attachment: Written Comments (6692 : RFP for City Owned Sites) 1 David Yakobson
From: Andrew Thomas <[email protected]>
Sent: Friday, February 21, 2025 10:36 AM
To: councilmtgitems
Cc: Lana Negrete; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Jesse Zwick; Ellis Raskin; Barry Snell
Subject: February 25, 2025 Santa Monica City Council Agenda Item 11A.3 (Request for Further Stakeholder Engagement)
Attachments: 1234 4th Street_Parking Structure 1 Demolition 02.21.25.pdf

EXTERNAL
Dear Mayor Lana Negrete, Honorable Council Members, and Esteemed City Staff, On behalf of the Board of Directors of Downtown Santa Monica, Inc. (DTSM, Inc.), I respectfully request that you refrain from taking a position on Agenda Item 11A.3 from the February 25, 2025, Santa Monica City Council agenda until City staff has sought input from DTSM, Inc. and other Downtown Santa Monica stakeholders.

The site at 1234 4th Street is a highly valuable parcel in the heart of Downtown Santa Monica. Rather than designating it exclusively for a future 100% affordable housing development at this stage, we urge the Council to explore and evaluate all potential alternatives, including the feasibility of a seismic retrofit of Parking Structure 1.

We appreciate your thoughtful consideration of this matter and your commitment to ensuring a comprehensive and inclusive decision-making process. Thank you for your continued support of Downtown businesses and for prioritizing stakeholder engagement in shaping the future of 1234 4th Street.

Sincerely,
Andrew Thomas, LPM
Chief Executive Officer
Downtown Santa Monica, Inc.
1351 Third Street Promenade, Ste. 201
Santa Monica, CA 90401
310.393.8355 (Office)
www.DowntownSM.com
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Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 760 Attachment: Written Comments (6692 : RFP for City Owned Sites) February 21, 2025
Ms. Lana Negretre, Mayor
and Santa Monica City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: 1234 4th Street (Downtown Public Parking Structure #1) Dear Mayor Lana Negrete, Honorable Council Members, and Esteemed City Staff, On behalf of the Board of Directors of Downtown Santa Monica, Inc. (DTSM, Inc.), I respectfully request that you refrain from taking a position on Agenda Item 11A.3 from the February 25, 2025, Santa Monica City Council agenda until City staff has sought input from DTSM, Inc. and other Downtown Santa Monica stakeholders.

Sincerely,
Andrew Thomas, CEO
Downtown Santa Monica, Inc.
cc: DTSM, Inc. Board of Directors
Elaine Polachek, City Manager
Armine Chaparyan, Community Development Director
Jennifer Taylor, Economic Development Director
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 761 Attachment: Written Comments (6692 : RFP for City Owned Sites) 1 David Yakobson
From: Mary-Elizabeth Michaels
Sent: Sunday, February 23, 2025 7:59 PM
To: councilmtgitems
Cc: ME Michaels
Subject: Feb 25, 2025 City Council Agenda Item 11 re Bergamot Station redevelopment Attachments: SM Arts Commission Letter re Bergamot Station Development Updated 2-23-25.docx Please find attached letter regarding Feb 25, 2025 City Council Agenda Item 11 re Bergamot Station redevelopment.

Mary-Elizabeth Michaels
Chair, Santa Monica Art Commission
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 762 Attachment: Written Comments (6692 : RFP for City Owned Sites) February 23, 2025
Dear Honorable Members of the Santa Monica City Council, On behalf of the full Santa Monica Arts Commission, we are writing to express our deep commitment to ensuring that any future development at Bergamot Station Arts Center is undertaken with the utmost care and with significant input from the arts community and the public. This letter is regarding Item 11 for the February 25, 2024 City Council agenda regarding the Adoption of Resolution and Approval of Release of Request for Proposals for City-Owned Sites Designated for Affordable Housing Development in the City's 6th Cycle Housing Element and Declaration of Sites as "Exempt Surplus Land" in Accordance with the Surplus Land Act.

The Santa Monica Arts Commission unanimously urges the Council to prioritize one of the other development locations and to slow down the current process for the Bergamot Station location to allow for deeper community engagement and a more comprehensive strategy that prioritizes affordability and appropriate/quality space for artists, cultural institutions, and galleries.

Bergamot Station has long served as a vital cultural hub, providing accessible space for fine art galleries, non-profit arts organizations, and creative businesses. As such, it is highly valued by our local community, as well as by tourists, and adds to Santa Monica’s international stature.

While we recognize the City’s efforts to preserve the site’s artistic identity, the recent changes to lease agreements and property management, persistent unaddressed problems at the site, the loss of several fine arts businesses, and the past closing of the Santa Monica Museum of Art, have underscored the need for a more intentional and sustainable path forward.

The current development prioritization may not fully align with Bergamot’s original mission as an arts-centered space. Specifically, we are concerned that:

1. Affordable Artist Housing Is Missing from the Conversation: Santa Monica has long struggled with the affordability crisis for artists and cultural workers. Without dedicated live/work housing options, we risk further displacing the very individuals who contribute to our city’s creative identity.

2. Galleries and Cultural Spaces Must Remain the Core of Bergamot: While the plan includes some protections for existing arts tenants, we believe more safeguards are needed to ensure that galleries are not priced out over time and that new retail spaces are designed specifically to support arts-focused businesses rather than commercial retail.

Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 763 Attachment: Written Comments (6692 : RFP for City Owned Sites)

3. Community Input Must Be Expanded: The vision for Bergamot should be shaped by those who rely on it most: artists, gallery owners, non-profits, and residents. The development process must include robust public engagement, town halls, and working sessions with stakeholders to ensure that any revitalization plan truly reflects community needs.

We acknowledge that the City has taken important steps in protecting the site’s cultural function, including council’s February 2024 support of maintaining Bergamot as a thriving art center especially for existing tenants; the adopted Bergamot Area Plan (2013); and the establishment of the Bergamot Advisory Committee (2015). However, in light of ongoing changes and the increasing pressures of development in Santa Monica, it is critical that we take a measured and thoughtful approach to Bergamot’s future.

We respectfully request that the City Council:
• Slow major Bergamot Art Center development decisions until a more comprehensive community engagement process is conducted, including participation of the Arts Commission and Cultural Affairs.
• Prioritize the inclusion of affordable artist housing and quality arts and cultural space as part of the revitalization plan.
• Ensure that new commercial spaces are designed specifically for galleries and cultural businesses rather than general market retail.
• Strengthen long-term protections for existing arts tenants to guarantee their ability to remain in Santa Monica.

Bergamot Station represents an unparalleled opportunity to reaffirm Santa Monica’s commitment to the arts. Let us take the time to do it right.

We look forward to working closely with the City Council and all stakeholders to ensure that Bergamot remains a thriving, accessible, and artist-centered space for generations to come.

Sincerely,
Mary-Elizabeth Michaels, Chair
Susan Jain, Vice-Chair
Michelle S. Edgar
Federico Galavis
Staci Griesbach
Michael James Masucci
Bob Ramirez
Deepa Subramanian
Laurie Yehia
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

11.A.h
Packet Pg. 764 Attachment: Written Comments (6692 : RFP for City Owned Sites) 2 David Yakobson
From: Mathew Millen <[email protected]>
Sent: Sunday, February 23, 2025 2:28 PM
To: councilmtgitems; [email protected]; Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin
Subject: 2/25 Item 11A Stop segregating the Pico Neighborhood Attachments: Item11A.pdf

EXTERNAL
Attached are my comments for item 11A
Item 11-A
February 25, 2025
Item 11-A
February 25, 2025

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Packet Pg. 765 Attachment: Written Comments (6692 : RFP for City Owned Sites) Item 11-A
February 25, 2025
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Packet Pg. 778 Attachment: Written Comments (6692 : RFP for City Owned Sites) City Council
Report
City Council Meeting: February 25, 2025
Agenda Item: 11.B
1 of 15
To: Mayor and City Council
From: Heather Averick, Director, Housing and Human Services Department Subject: Approval of First Modification to Contracts with Social Emotional Wellness Initiative, St. Joseph Center and Family Service of Santa Monica for Behavioral Health Strategy – Adult Crisis and Step-Down Services and Youth Behavioral Health Programming Recommendations
Recommended Action
Staff recommends that the City Council:

1. Receive reports: Adult Crisis & Children and Youth Behavioral Health Care Study and the Strengthening the System of Intensive Behavioral Healthcare Services for Adults in Santa Monica and Service Planning Area 5.

2. Adopt and approve Transitional Approach 3 – Decentralized Expansion from the Strengthening the System of Intensive Behavioral Healthcare Services for Adults in Santa Monica and Service Planning Area 5 report to build out behavioral health services locally.

3. Authorize the City Manager to negotiate and execute a first modification to agreement #11439 in the amount of $400,000 with Social Emotional Wellness Initiative to provide behavioral health support for children and youth in the City’s after school programs (Police Activities League (PAL), CREST, and Virginia Avenue Park (VAP)).This will result in a four-year amended agreement with a new total amount not to exceed $995,194, with future funding contingent upon Council budget approval.

4. Authorize the City Manager to negotiate and execute a first modification to agreement #11440 in the amount of $388,254 with St. Joseph Center to expand the capacity of behavioral health services for youth ages 10-24 enrolled in the Youth Resource Team (YRT) program. This will result in a four-year amended agreement with a new total amount not to exceed $6,907,777, with future funding contingent upon Council budget approval.

5. Authorize the City Manager to negotiate and execute a first modification to agreement #11431 in the amount of $900,000 with Family Service of Santa Monica to increase the capacity of behavioral health services available to children birth – 5
th grade and to expand substance use treatment services for middle and high school-aged youth. This will result in a four-year amended

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agreement with a new total amount not to exceed $3,617,970, with future funding contingent upon Council budget approval.

6. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Executive Summary
Behavioral health refers to the connection between our behavior, mental wellbeing, and physical health and can include mental health conditions, substance use disorders, suicidal thoughts and behaviors, and life stressors. In recent years, Santa Monica, and Los Angeles (L.A.) County, has experienced a rise in behavioral health concerns, an increased demand for services, and staffing challenges due to the national behavioral health workforce shortage. Recognizing that there are significant gaps in the system of care, and that behavioral health is essential to the community’s overall health and wellbeing, the City pursued the development of a behavioral health strategy.

In late 2022, Council approved a contract with Initium Health (Initium) to conduct a comprehensive community engagement process to understand the key behavioral health needs in Santa Monica and assess the feasibility of developing a behavioral health crisis facility. Stakeholders identified significant gaps in adult crisis care and children and youth behavioral health care, and community feedback and research on best practices informed recommendations to enhance services in these areas. The Adult Crisis & Children and Youth Behavioral Health Care Study (Attachment A) outlines these key findings and recommendations.

Following Initium’s work, the City entered into a contract with Capstone Solutions Consulting Group (Capstone) to assess gaps in adult intensive behavioral health services (i.e., intensive outpatient treatment, substance use disorder (SUD) residential treatment, crisis services, intensive treatment services) in Santa Monica and across Service Planning Area (SPA) 5 and provide recommendations to develop and expand services. The Strengthening the System of Intensive Behavioral Healthcare Services for Adults in Santa Monica and Service Planning Area 5 (Attachment B) report identifies services that do not exist in SPA 5, services that exist but with insufficient capacity, and recommendations to expand adult intensive behavioral health services.

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Staff recommend that City Council adopt and approve Transitional Approach 3 – Decentralized Expansion to build out behavioral health services locally, receive the Adult Crisis & Children and Youth Behavioral Health Care Study and the Strengthening the System of Intensive Behavioral Healthcare Services for Adults in Santa Monica and Service Planning Area 5 reports, and authorize the City Manager to negotiate and execute contract modifications to expand children and youth behavioral health services.

Background
Santa Monica has experienced a rise in behavioral health concerns in recent years – including mental health and substance use – mirroring trends in L.A. County and across the country. Historic events including the COVID-19 pandemic, the housing and homelessness crises, and distance learning for students have exacerbated existing behavioral health challenges. This has led to a growing demand for services. The impact of the recent Palisades Fire may be felt for years to come, as residents in mandatory evacuation areas relocate and local schools are impacted. Dealing with this tragedy is certain to put a strain on already limited resources. While some mental health and substance use services exist in Santa Monica and across SPA 5 (a geographic region including Malibu, Culver City, Beverly Hills, Marina del Rey, Venice, and West L.A.), they have not kept up with the increased need, resulting in untreated behavioral health challenges. This is particularly true for vulnerable populations, including people who are uninsured or under-insured, individuals experiencing homelessness, seniors, people with disabilities, and children and youth.

Providing access to behavioral healthcare is a core component in Council priorities of both addressing homelessness and maintaining clean and safe public spaces. While behavioral health is one of the Four Pillars of the Council-adopted strategy to address homelessness, both housed and unhoused Santa Monicans alike suffer from significant rates of behavioral health concerns. In response to these unmet needs, Council directed staff to explore options and determine feasibility for developing a coordinated behavioral health response.

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The City of Santa Monica engaged with Initium, which found significant gaps in adult crisis care and recommended expanding services, increasing awareness of existing services, and developing a behavioral health center focused on short-term crisis care.

Additionally, Initium found gaps in behavioral health services for children and youth across the continuum of care, including prevention and early intervention, crisis, and treatment and recovery services. The report recommended expanding and developing a variety of services for children and youth to address these unmet needs.

Initium’s study focused on all populations and all levels of behavioral health care. The community engagement process identified adult crisis care and step-down services (i.e., the services people engage with following a crisis) and youth behavioral health care as the most pressing needs in Santa Monica. Adult crisis care is particularly relevant for people experiencing unsheltered homelessness. Staff has identified partnership and funding opportunities that can immediately advance implementation of Initium’s recommendations to expand adult crisis care and youth behavioral health services.

Following completion of Initium’s study, the City contracted with Capstone to examine options for expanding services locally and across SPA 5. Capstone used data from local providers to assess gaps in intensive mental health and substance use programs as well as related step-down services in Santa Monica and across SPA 5 and provided recommendations for expansion of services.

Past Council Actions
Meeting Date Description
09/13/2022
(Attachment C)
Original bid to Initium Health for the development of a behavioral health strategy
Discussion
Adult Crisis and Step-Down Services
Assessment of Adult Crisis and Step-Down Services in SPA 5 Behavioral health systems in most communities are complex, fragmented, and piecemeal. Individuals in L.A. County voluntarily seeking care - or who are mandated

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assistance - are met with an array of behavioral health providers (both private and public, non-profit and for-profit) that are difficult to navigate. These individuals are often required to move between multiple providers and systems to access the services necessary to meet their needs. All too often, especially in the case of highly vulnerable populations, patients encounter barriers. There is no ‘one-stop shop’ for those experiencing a behavioral health crisis in Santa Monica or SPA 5. Just as a person who has surgery is guided from the operating room to the intensive care unit, to a hospital bed or outpatient care, so too must someone seeking urgent care for a behavioral health crisis then be directed to ‘step down’ services that can involve medical detox or interim housing with onsite support services.

The full array of crisis and step-down services can be found in Capstone’s report, (Attachment B). Examples of services include crisis stabilization centers, hospitalbased behavioral health programs, psychiatric health facilities, medically managed inpatient detoxification facilities, and step-down services may involve outpatient and field-based services, adult residential facilities, and SUD residential treatment programs.

Gaps and Needs
The report identified several key service gaps:

Services that DO NOT Exist in SPA 5
Sobering
Center
Safe, supportive
environments in
which individuals
who are publicly
intoxicated can stay
for up to 24 hours
to become sober as
an alternative to the
ER or jail.

In-Patient
Substance Use
Detoxification
Residential and
hospital-based
settings that
support clients in
reducing and
ceasing the use of
substances.

Behavioral Health
Recuperative
Care
Short-term bridge
housing for people
experiencing
homelessness that
have been
discharged after an
ER visit or hospital
stay.

Enriched
Residential
Services
Intensive, structured
programs serving
clients discharged
from long-term
psychiatric care
facilities (e.g.,
psychiatric
hospitals) who are
not ready to function
independently in the
community.

Santa Monica City CouncilFebruary 25, 2025

Santa Monica City Council
February 25, 2025