Santa Monica City Council
March 25, 2025

City of Santa Monica
City Council Meeting
AGENDA

LANA NEGRETE
MAYOR

ELLIS RASKIN CAROLINE TOROSIS

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER

ELAINE POLACHEK

INTERIM CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

NIKIMA NEWSOME

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 3/27/2025 10:06 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11649(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).

2. Special Agenda Items (Commendations and
Proclamations presented).

3. Public Comment for Special Agenda Items, Consent
Calendar and Closed Sessions Only.

4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 3/27/2025 10:06 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MARCH 25, 2025
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.

The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.) City of Santa Monica Generated: 3/27/2025 10:06 AM Page 4 . Written Comments

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Arts Month

2.B. Proclamation: Trans Day of Visibility

3. PUBLIC INPUT (ITEMS UNDER SPECIAL AGENDA ITEMS, CONSENT

CALENDAR, CLOSED SESSION ONLY)

4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)

4.A. Adoption of a Resolution Authorizing Execution of CalTrans Master Service Agreement
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines

2. Adopt the attached resolution authorizing the execution of the Transit and Intercity Rail Capital Program (TIRCP) Master Agreement and Program Supplements for the State-funded projects.

4.B. Approval of First Modification of Agreement #4623 with the City of Glendale - Verdugo Regional Crime Laboratory for Laboratory Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a 5-year extension to the City’s current agreement (#4623) with the City of Glendale and its Verdugo Regional Crime Lab in the amount of $150,000 for crime investigation laboratory services on behalf of the Santa Monica Police Department. The amended agreement will have a new total amount not to exceed of $250,000 with future year funding contingent on Council budget approval.

4.C. Authorization to Accept the 2024 Justice Assistance Grant for Implementation of the JAG Project to Impact Crime and Keep Neighborhoods Safe City of Santa Monica Generated: 3/27/2025 10:06 AM Page 5 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;

2. Authorize the City Manager to accept a grant award in the amount $44,021 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant for implementation of the JAG 2024 Project to Impact Crime and Keep Neighborhoods Safe in the Police Department, and to accept all grant renewals;

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

4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of the report (requires 5 votes).

4.D. Authorize the City Manager to Complete Negotiations for an Amended and Restated Grant Deed and Option to Purchase Property for Ocean Park Villas Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to complete negotiations for an amended and restated Grant Deed and Option to Purchase property located at 2019 and 2219 Fifth Street (Ocean Park Villas) based upon a 58-42 split of the surplus cash flow with an upfront payment to the City of $250,000; and

2. Adopt a finding that the action to approve the amended and restated Grant Deed and Option to Purchase is exempt from CEQA pursuant to CEQA Guidelines sections 15301, 15326, and 15061(b)(3).

4.E. Adoption of a Resolution Protecting Access to Gender-Affirming Healthcare Recommended Action
Staff recommends that the City Council adopt the attached resolution protecting access to gender-affirming healthcare and preventing city resources from assisting investigations into transgender, gender diverse, and intersex persons (“TGI”) and their healthcare.

4.F. Introduction and First Reading of an Ordinance Amending Municipal Code Section 11.04.050 Concerning Limitations on Campaign Contributions Recommended Action
Staff recommends the City Council introduce for first reading the Ordinance amending Section 11.04.050 concerning Limitations on Campaign Contributions.

4.G. Resolution Amending the Policy Regarding Acceptance of Gifts by Councilmembers, and Introduction and First Reading of an Ordinance Amending Municipal Code Section 2.32.290 Prohibiting Acceptance of Gratuities
Recommended Action
City of Santa Monica Generated: 3/27/2025 10:06 AM Page 6 Staff recommends the City Council consider the following to allow Councilmembers to accept tickets to events where they are attending in their official capacity in support of the City’s economic development efforts:

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.

2. Adopting a Resolution amending the policy regarding Councilmember’s acceptance of gifts.

3. Introduce for First Reading an Amendment to SMMC 2.32.290 prohibiting acceptance of gratuities.

4.H. City Council - Regular Meeting - Feb 25, 2025 5:30 PM

4.I. City Council - Special Meeting - Mar 18, 2025 5:00 PM

5. CLOSED SESSIONS

5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Pico Neighborhood Association and Maria Loya v. City; LASC # BC616804

5.B. Conference with real estate negotiator pursuant to Government Code § 54956.8: property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment for lease

5.C. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Manager; Gov. Code § 54957.6: conference with labor negotiator; City negotiator: Mayor/Personnel Director; unrepresented employee: City Manager

5.D. Conference with real estate negotiator, Gov. Code § 54956.8: Santa Monica Beach, 1550 Parking Lot (venue for L.A. Olympics 2028 beach volleyball); City Negotiators: Susan Cline, Assistant City Manager and Melissa Spagnuolo, Community Partnerships Manager; Venue Negotiators: Vic Nol, Director, Venue Cities Relations, Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028; under negotiation: price and terms of payment

5.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Renee Miller v. City; LASC # 24SMCV00279 [report out only]

5.F. Conference with legal counsel – Potential initiation of litigation regarding federal grant funding freeze, Government Code § 54956.9(d)(4), The Sustainability Institute, et al. v. Donald J. trump et al., 2:25-cv-02152-RMG The following is the order of business for items to be heard no earlier than 7:00 p.m.

City of Santa Monica Generated: 3/27/2025 10:06 AM Page 7

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION

7.A. Five-Year Water and Wastewater Rate Study Session
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15273 of the CEQA Guidelines for the five-year water and wastewater rate study session; and

2. Provide direction and recommendations to staff regarding potential rate adjustments and rate structures for the ongoing five-year water and wastewater rate study.

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
City of Santa Monica Generated: 3/27/2025 10:06 AM Page 8

12.A. Introduction and First Reading of an Interim Zoning Ordinance Amending Downtown Interim Zoning Ordinance and Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61 Signs to Promote Economic Recovery by Increasing Land Use Flexibility in the City's Downtown and by Making Minor Changes to Signage in the Bayside Conservation District and Third Street Promenade Area
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities, 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduction for first reading of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established to Promote Economic Recovery by Increasing Land Use Flexibility in the City’s Downtown Area and Establishing a Pilot Program to Allow for Exclusively Commercial Outdoor Uses in the Office Campus District to Allow Additional Flexibility Related to Community Assembly Uses in the Bayside Conservation District.

3. Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61: Signs to Make Minor Changes for Signage in the Bayside Conservation District and Third Street Promenade Area to Promote Economic Recovery.

12.B. Introduction and Adoption of Emergency Interim Zoning Ordinance Extending Interim Zoning Regulations Exempting City Projects From Temporary Use Permit Requirements During a Declared Local or State of Emergency Recommended Actions
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption), and exemption pursuant to 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce and Adopt an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Exempting Projects on City-Owned Property and that Use City Funds From Temporary Use Permit Requirements During a Declared Local or State of Emergency.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
City of Santa Monica Generated: 3/27/2025 10:06 AM Page 9 No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2028. (CONTINUED FROM 3/11/2025)

16.B. Appointment to one unscheduled vacancy on the Housing Authority Board for a term ending on June 30, 2026. (CONTINUED FROM 3/11/2025)

16.C. Appointments to eleven newly created seats on the Measure GS Resident Oversight Committee with five terms ending on June 30, 2026, and six terms ending on June 30, 2028.

16.D. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2025.

16.E. Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending on June 30, 2027.

16.F. Request by Mayor Negrete that the City Council authorize the use of travel funds to participate in the 50th Anniversary of Sister Cities in Japan up to an amount of $4,000.

16.G. Request of Councilmembers Zwick, Hall and Raskin that the City Manager, in conjunction with the Building Official and Fire Chief and as part of the City’s 2025 Building Code Update, return to Council with proposed modifications including aligning the City’s definition of a high-rise building with the Statewide definition as set forth in Health and Safety Code Section 13210(b) and establishing an Alternative Means/Methods for the construction of singlestairwell multifamily unit residential buildings up to six stories.

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council City of Santa Monica Generated: 3/27/2025 10:06 AM Page 10 meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: March 25, 2025
Agenda Item:
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments
Packet Pg. 11
Item 1
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Item 1
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1.a
Packet Pg. 12
Attachment: Written Comments (7007 : Written Comments)
Item 1
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Item 1
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1.a
Packet Pg. 13
Attachment: Written Comments (7007 : Written Comments)
Item 1
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Item 1
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1.a
Packet Pg. 14
Attachment: Written Comments (7007 : Written Comments)
From: Zoe
To: LUCY F STONE; [email protected]
Cc: Christian Tago; Halima Barreto; councilmtgitems; Lana Negrete; Douglas Sloan; Josh Kurpies; [email protected]; Ramon Batista; David Gardinier; Darrick Jacob; Caroline Torosis; Jesse Zwick; Ellis Raskin; Natalya Zernitskaya; Barry Snell; Dan Hall; Clerk Mailbox; Susan Cline; Elaine Polachek Subject: Re: 25STRO01187 Notice of Ex-Parte Application & Copy of the Returned TRO Date: Thursday, March 20, 2025 11:33:03 AM

EXTERNAL
Ms. Stone,
I beg your pardon, I do not recall including you in my email. The email is not for you, the email is for Sean Besser and the Board of the Ocean Park Neighborhood Association.

As a resident of the Ocean Park Neighborhood, I am allowed to send emails to the public address of the organization that receives public funds from the City of Santa Monica. I am including the Chief of the Santa Monica Police along with its Deputy Chief, The Santa Monica City Manager and the Santa Monica City Attorney in this email so they can help you understand how transparency and ethical use of funds by neighborhood associations work.

I do remember you were one of the attendees at the May 5, 2024 Compassionate Santa Monica event hosted at Gooseegg Park last Spring. Long time since I saw you for the last time, I do not understand the hostility of your email, I have been very welcoming, hospitable, and nice to you. Perhaps you were sent to the event as an informant to see the way we managed to bring to the attention of the Santa Monica Social Justice and DEI Department our findings through the City Wide Equity Plan. It seems ironic to me that you voluntarily attended an event that supports the work of the Santa Monica Citywide Equity and a year later chose to write to me with hostility.

You should understand that in today's political climate, a Caucasian woman (you) speaking to a woman of color (me), should consider elements of cultural competence.

Training and resources are available online to express yourself with more dignity and respect. As a Board member from OPA you represent a Neighborhood, not just yourself. be kind, it does not cost you anything.

Last week, the Executive Director of The Charter for Compassion sent me an email in reference to a "group" that contacted her to ask that Santa Monica Chapter be removed from the website of the Charter for Compassion. Please note that Compassionate Santa Monica was born from a September 23, 2013 presentation that brought a unanimous vote authorizing the City Manager to sign the Charter for Compassion. No "organization" can go behind to cancel an official vote of the Santa Monica City Council.

I request that the Santa Monica City Clerk includes this email as part of next week's City Council Meeting.

Have a blessed weekend.

Item 1
March 25, 2025
Item 1
March 25, 2025

1.a
Packet Pg. 15
Attachment: Written Comments (7007 : Written Comments)
On Thu, Mar 20, 2025 at 11:01 AM LUCY F STONE <[email protected]> wrote:

PLEASE...

DO NOT send me any more emails.

Thank you.

Lucy Frances Stone
On Thu, Mar 20, 2025, 10:51 AM Zoe <[email protected]> wrote:

Please take notice that on March 21, 2025 at 8:30 AM or soon after that as the matter can be heard, in Department 65 Room 302 of the Metropolitan Courthouse, located at 1945 South Hill Street, Los Angeles, CA 90007, Defendant Zoë Muntaner will and does move the Court by an Ex Parte Application for Notice of Motion and Motion to Dismiss and Terminate the (meritless) Request for Civil Harassment Restraining Orders, to the first available hearing date or in the alternative shortening time for the hearing.

Furthermore I am including a copy of the Civil Harassment Restraining Orders papers served to you by LASD Deputy Sheriff Ramirez at the Courtroom yesterday. The documents were received by you and later returned after more than 230 minutes in your possession;that is not an option after receiving, reading, evaluating and keeping court documents. The LASD have been informed.

Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized redisclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer. --
Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized redisclosure or failure to maintain confidentiality may subject Item 1
March 25, 2025
Item 1
March 25, 2025

1.a
Packet Pg. 16
Attachment: Written Comments (7007 : Written Comments)
you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

Item 1
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Item 1
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1.a
Packet Pg. 17
Attachment: Written Comments (7007 : Written Comments)
1 David Yakobson
From: Debra Shepherd <[email protected]>
Sent: Tuesday, March 25, 2025 9:13 AM
To: councilmtgitems
Subject: Item 1

EXTERNAL
Council members:

I am writing to you as a housing voucher holder. I was recently accused of violating housing quality standards by the for profit property owner, where I reside. I have been a voucher holder here in Santa Monica for over 20 years due to disability. I have used my voucher in Santa Monica at two addresses. I have never been written up for any misconduct by the Housing Authority. I have always treated the staff with civility and respect. I was complimented on my professionalism by my former housing specialist several times, and I was asked multiple times to apply to sit on the Housing Authority Board.

This allegation from the property owner was in retaliation for a small claims judgment that my daughter received against them. They tried to weaponize the Housing Authority against me in November of 2024, but the inspection was canceled due my daughter’s medical appointment. Everyone in my family is disabled. My daughter has a chronic illness. She almost died in 2022. My doctor has provided documentation that it is very difficult to obtain and change appointments at UCLA. When a person is a patient there, that needs to be considered.

In February 2025, after the Palisades fires, the property owner circled back with their allegation of violating housing quality standards, in an effort to constructively evict my family from our rent controlled, Section 8 home. They have a history of racism and discrimination against my family.

When I complained to the Housing Authority, I was coldly admonished to go to Legal Aid. I was not explained the specifics of the allegation, nor was I provided with anything with my rights on it. I was also not told where I could access my rights.

The special inspection took place on February 11, 2025. The housing inspector was rude to me, but provided the property owner with preferential treatment. Even though the inspector wrote the property owner up for multiple violations, I was only told to do one thing, which I did immediately. It did not meet the standard of an eviction or termination of my voucher.

For the follow up, the letter that I received had a harsh tone. It threatened to terminate my housing if I missed the appointment. I have never missed an appointment, been late with paperwork, or refused to do anything that was asked of me. The harsh tone is unnecessary and inappropriate. No housing voucher holder should be threatened with homelessness as standard practice. That is a cruel and inhumane practice. It does not take into consideration the fact that many voucher holders carry the trauma of homelessness. Reliving that trauma might cause someone to end their life. That’s not okay. Please be more considerate of the way that you treat voucher holders. No one deserves to be traumatized over and over again as standard procedures.

Regards,
Debra Shepherd
Santa Monica resident and voucher holder Sent from my iPad Item 1
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Item 1
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1.a
Packet Pg. 18
Attachment: Written Comments (7007 : Written Comments)
2 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, March 25, 2025 7:52 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Tuesday

EXTERNAL
There are NO statistics that exist or show "diversion" treatment works. There are not even funds available for research or tracking. The charges against this criminal will be dismissed in 24 months. His record will be expunged.

This doesn't even happen with a DUI conviction. No pill or psychotherapy will change one's character or inherent evil.

Insta
https://www.instagram.com/reel/DHoBQTjC6uW/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/9HQHfEcgUtA
Item 1
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Item 1
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1.a
Packet Pg. 19
Attachment: Written Comments (7007 : Written Comments)
1 David Yakobson
From: Wendy Dembo <[email protected]>
Sent: Monday, March 17, 2025 7:18 PM
To: Planning Commission Comments; councilmtgitems
Subject: Planning Commission item for 3/19/25 - Item 11B. - DO NOT increase heights of fences, walls and hedges in front setbacks of R2, R3 and R4

EXTERNAL
Dear Planning Commission and City Council,
I oppose increasing the maximum allowed heights for fences, walls, and hedges, and rules including those located on top of retaining walls. Why? I live on 21st Street, which is zoned R2. There aren't enough lights in my immediate neighborhood. Adding tall hedges and walls would make it even scarier.
* SMMC Section 9.21.050(A)(1) which allows fences, walls and hedges up to 42 inches in the front setback within all zoning districts including R1, R2, R3, and R4 already have an option to apply for a discretionary height modification should additional height be requested under SMMC Section 9.43.050(B).

The Santa Monica Police Department has explained to residents that while a person may feel safe when living behind high walls, that safety is an illusion because of obscured sight lines, diminished ambient, street, and security lighting, and reduced access by law enforcement and less interaction between
neighbors contribute to making a neighborhood less
safe, not more.
* If the increased height is implemented, given the increasing density of the city as noted in the staff report, there will be no review to determine if increasing heights will yield visual obstructions to pedestrians, drivers, and cyclists. Section

91.21.180 Hazardous Visual Obstructions code will be more prevalent but not looked at and addressed less than it would be in a discretionary height modification request.
* The city has a limited enforcement ability and the 50% transparency for walls and fences above 42 inches in height will be unenforceable and untenable. Please keep the code as it is.
* I believe the higher hedges will make buildings less safe from fires and as they get older and higher even more of a fire hazard, especially if the five feet height and the additional height on retaining walls are not enforced
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2 * The Wilmont neighborhood is the densest in the city with only R2 and R3 zoning in our neighborhood. The staff report states, “Through the City’s public outreach process, members of the community expressed support for increased maximum heights for fences, walls, and hedges in the front setbacks of properties located within the R2, R,3, and R4 zoning districts”. Even though we solely have R2 and R3 zones and the most populous and dense neighborhood, Wilmont Board and its residents were not engaged in an outreach effort missing over 50% of the city’s residents who reside in R2 and R3 multi-unit dwelling zones. Whose opinions were sought in this outreach?
* City codes are made to better support all residents. If a resident has an issue they have a solution. They can apply for a discretionary height modification should additional heights be requested under SMMC Section 9.43.050(B). * I support keeping the process and code the same as it is for R1.

Thank you for your time and consideration of our issues and concerns.

Wendy Dembo
Santa Monica Resident, Voter, and Wilmont Board Member
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1 David Yakobson
From: D Woelke <[email protected]>
Sent: Monday, March 17, 2025 5:01 PM
To: Recreation and Arts Department; Environment Mailbox; Rachel Kwok; councilmtgitems Cc: Clerk Mailbox; Noe Mendoza
Subject: Re: For the public record: Memorial Park Redevelopment and Expansion Project Attachments: Santa Monica playground.pdf; Santa Monica 12 Mar 2025.pdf Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Good evening:

Attached please find our comments regarding the proposed playground at Memorial Park.

Kindly distribute copies electronically so that those who wish to avail themselves of source citations may do so.

It is our hope that Santa Monica chooses natural solutions, and moves away from products that induce climate change, negatively impact biodiversity and contribute to the tsunami of toxic and carcinogenic plastic waste.

We would be happy to answer any questions or discuss any of the points raised in the attached document or any other aspect related to synthetic turf or playground surfacing, as these comments are directed more towards the environmental impacts.

Best regards,
Dianne Woelke MSN, Board Member
Safe Healthy Playing Fields, Inc.
https://www.safehealthyplayingfields.org
SHPFI is an all-volunteer nonprofit 501-c-3
On Mar 11, 2025, at 11:01 PM, D Woelke <[email protected]> wrote:

Good morning:

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2 Attached please find our comments regarding the proposed synthetic turf playing fields for the above project. We will submit comments regarding the proposed playground separately.

Kindly distribute copies electronically so that those who wish to avail themselves of source citations may do so.

It is our hope that Santa Monica redirects, chooses natural solutions, and moves away from products that induce climate change, negatively impact biodiversity and contribute to the tsunami of toxic and carcinogenic plastic waste.

We would be happy to answer any questions or discuss any of the points raised in the attached document or any other aspect related to synthetic turf, as these comments are directed more towards the environmental impacts.

Best regards,
Dianne Woelke MSN, Board Member
Safe Healthy Playing Fields, Inc.
https://www.safehealthyplayingfields.org
SHPFI is an all-volunteer nonprofit 501-c-3
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Safe Healthy Playing Fields Inc.
www.safehealthyplayingfields.org
17 March 2025
Memorial Park Redevelopment and Expansion Project
Playground
Santa Monica City Council, Environmental Planning and Parks and Recreation Departments and Commission:

These comments are submitted by Safe Healthy Playing Fields, Inc. (SHPFI). As an all-volunteer 501-c-3 non-profit, we are committed to educating communities, policymakers and elected officials about the health, safety and financial realities of plastic fields versus grass fields and other synthetic surfaces for their parks and schools. Our constituency ranges from concerned individuals to community and civic organizations, legal, healthcare and science professionals, municipal leaders and state legislators.

We are writing to urge you to condition all projects within Santa Monica to not use used tire crumb or mulches (bound or unbound) for playgrounds, pools, waterparks, landscaping and rubberized asphalt driveway and road additives- all places where people recreate. Toxic chemicals from these products can leach into the air, water and soil, and can be absorbed via skin, inhaled and ingested, making protection of both human and environmental health necessary.

Title 14. Natural Resources. Division 6. California Natural Resources Agency Chapter 3.

Guidelines for the Implementation of the California Environmental Quality Act, Article 1. General§ 15004. Time of Preparation
“…public agencies shall not undertake actions concerning the proposed public project that would (2) have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance.”
“The agency’s analysis also must reasonably reflect evolving scientific knowledge and state regulatory schemes.”
CA REGULATORY SCHEMES and LAW:

CA DTSC - Microplastics, addition to Priority Chemicals List CA DTSC - 6PPD in Motor Vehicle Tires
CA DTSC - Zinc in Motor Vehicle Tires
CA DTSC - Chemicals of Concern in Motor Vehicle Tires.

CA DTSC - Phthalates,Styrene, and Formaldehyde in Children’s Products CA Statewide Microplastics Strategy - Senate Bill No. 1263, Chapter 609, 2018 Item 1
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Plastics and Playground Equipment:

By using plastic playground surfacing and equipment in the proposed all-inclusive playground in Memorial Park, Santa Monica will increase risk and harm from toxic and carcinogenic chemicals in these products and microplastics released from them, to vulnerable populations,1,2,3 exclude deaf and hearing impaired individuals, and cause extensive environmental harm.

Plastic playground equipment poses significant risk from chemical exposure via dermal contact, inhalation and ingestion. Young children are particularly vulnerable to chemical exposure due to developmental windows.

Plastic playground equipment, particularly slides, create an equity barrier for hearing impaired children and adults with cochlear implants (CI).4 Static builds up and can completely wipe out internal software in implants, requiring an expensive visit to a CI audiologist for re-installation.

The alternative would be to remove implants during play on these surfaces, imposing risk of injury when a child cannot hear caregivers. It also leaves a child to play in silence, negatively impacting necessary social interaction skills required for development.

It is possible to construct playgrounds without using plastic surfacing (i.e. used tire crumb, ethylene propylene deine monomer, polyvinyl chloride) and still meet Americans with Disabilities Act (ADA) requirements. ADA addresses accessibility, not surfacing.5 “The accessibility standards are minimum standards and do not require the entire play surface area to be accessible. The only required accessible surface area includes the accessible route from the entry of the play area, at least one connection to each accessible play component (points of entry and egress) and any clear space requirements adjacent to accessible play components.”6
Accessibility to the playground can be achieved via a concrete walkway, wooden, aluminum or similar ramp, or use of a “mobi-mat” that extends from the boardwalk towards the water. These 6 US Access Board (2014). “Surfacing the Accessible Playground: 7 Things Every Playground Owner Should Know About the Accessibility of Their Playground Surfaces.” https://www.access-board.gov/ada/guides/chapter-10-play-surfaces/# 5 Pollard, L, Massey, R (Dec 2023). “Playground Surfacing: Choosing Safer Materials for Children's Health and the Environment.” Toxics Use Reduction Institute, Univ. Massachusetts, Lowell. https://www.uml.edu/docs/Playground_surfacing_report_Dec2023_tcm18-377890.pdf 4 Miracle Recreation. Playgrounds for Hearing Impaired Children https://www.miracle-recreation.com/blog/hearing-impaired-playgrounds/ 3 Flaws, J, Damdimopoulou, P, Patisaul. HB et al (10 Dec 2020). “Plastics, EDCs & Health. A Guide for Public Interest, Organizations and Policy Makers on Endocrine Disrupting Chemicals & Plastics.” The Endocrine Society with International Pollutants Elimination Network (IPEN). https://ipen.org/sites/default/files/documents/edc_guide_2020_v1_6ew-en.pdf 2 Geneva Environmental Network. Plastics and Human Health | Plastics and the Environment Series/ https://www.genevaenvironmentnetwork.org/resources/updates/plastics-and-health/ 1 Center for Diseases Control and Prevention. Child Development: Developmental Disability Basics. https://www.cdc.gov/child-development/about/developmental-disability-basics.html Item 1
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mats are generally made of nylon, another plastic. Positioning of playground equipment so that there is a shorter distance to the lowest access point of a structure can also help reduce costs.

Per- and Polyfluoroalkyl Substances (PFAS);
“It’s not an acute toxin. It’s chronic, so it affects you by long-term exposure…There are no safe kinds. I’ve yet to see one that doesn’t cause some sort of cancer or immunosuppression.” Dr. Graham Peaslee
There are over 16,000 known chemicals found in plastics. Of the known chemicals, 4,200 are considered “highly hazardous” to human and environmental health. Of these 4,200 chemicals, only 980 have been regulated by any global agency. Per- and polyfluoroalkyl substances (PFAS) are amongst the 15 categories of chemicals of concern in plastics. 7 Chemicals in plastics, including polybrominated diphenylethers (PBDE), neurotoxic phthalates, bisphenols and PFAS, add disease burden and health care costs in the United States. For 2018, the attributable cost of plastics to disease and health care related costs was $249 billion; for PFAS alone, it was $22.4 billion.8 The societal cost globally is estimated at $16 trillion9 annually for PFAS clean ups and health care for impacted individuals.

The need to stop further PFAS exposure cannot be overstated.10 PFAS can cause multiple reproductive disorders (including a 40% decrease in female fertility; a decrease of 62.3% total sperm count in males); Crohn’s disease; breast, testicular, kidney, prostate and liver cancers.

They cross the blood-brain barrier and are related to Autism Spectrum Disorder, Attention Deficit Hyperactivity Disorder, increased deaths from Parkinson’s and Alzheimer’s diseases; immunological effects; increased serum cholesterol; effects on infant birth weights; impaired glucose metabolism, insulin resistance, dyslipidemia and adiposity in children and adolescents; thyroid hormone disruption (including neonatal) and thyroid cancer. Because they are bioaccumulative, PFAS exposure can impact multiple generations. Babies are being born pre-polluted with PFAS.
(*source citations for all available upon request)
10 CA Dept. Toxic Substances Control. “PFAS Fact Sheet.” CA EPA. https://dtsc.ca.gov/wp-content/uploads/sites/31/2023/09/PFAS-Factsheet.pdf 9 Staff writer (23 May 2023). “ChemSec identifies the top 12 PFAS producers in the world and reveals shocking societal costs. PRESS RELEASE: The global societal costs of PFAS chemicals amount to €16 trillion per year.” ChemSec, Norway.
https://chemsec.org/chemsec-identifies-the-top-12-pfas-producers-in-the-world-and-reveals-shocki 8 Trasande, L, Krithivasan, R, Park, K et al (Feb 2024). “Chemicals Used in Plastic Materials: An Estimate of the Attributable Disease Burden and Costs in the United States.” Journal of the Endocrine Society: (8), 2.
https://doi.org/10.1210/jendso/bvad163
7 Wagner, M, Monclús, L, Arp, HPH et al (Mar 2024). “State of the science on plastic chemicals:

Identifying and addressing chemicals and polymers of concern.” PlastChem, Norway. https://plastchem-project.org
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As the body heats, it is susceptible to absorbing more chemicals such as PFAS.11

11 Ragnarsdóttir, O, Abou-Elwafa Abdallah, M, Harrad, S (June 2024). “Dermal bioavailability of perfluoroalkyl substances using in vitro 3D human skin equivalent models.” Environment International; 188; 108772.b https://www.sciencedirect.com/science/article/pii/S0160412024003581?via=ihub Item 1
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Surfacing materials:

SHPFI supports the use of natural, non-toxic surfacing for playgrounds:

● Engineered wood fiber (EWF)
● Wood chips/bark
● Pea gravel
● Sand
Chemical binders used for EWF, rubber or wood mulch and cork PIP (pour in place) surfacing contain toxic and carcinogenic chemicals, including, but not limited Chemistry and Analytical Sciences (CAS) registration numbers :
● Polymethylenepolyphenyl polyisocyanate, polypropyleneglycol copolymer; CAS #53862-89-8;
● Diphenylmethane Diisocyanate, isomers and homologues; CAS #9016-87-9; ● 4,4'-Methylenediphenyl diisocynate; CAS #101-68-8.

Additionally, these chemical binders do not “bind” for long. They also break down even more quickly in hot, humid and wet environments.

It should be noted that “natural rubber,”12 whether in mulch, shredded, tile or mat form, is still a petrochemical synthetic plastic and contains many of the chemicals found in tires, minus the debris from road use. Natural rubber, in this context, does not come from the sap of rubber trees. It is equivalent to ethylene propylene diene monomer (EPDM) and thermoplastic vulcanizate (TPV).

The following statement, initially applied to the disastrous effects of rubberized asphalt, is even more relevant for used tire crumb infill and playgrounds:
“What at first seemed like a brilliant way to get rid of mountains of old tires has given new meaning to the old saying about what paves the road to hell.”13

Select Chemicals in Used Tire Crumb Surfacing:

Used tire crumb has been widely used in playground surfacing, known as poured in place (PIP) surfacing. It has come under scrutiny in recent years due to the hundreds of toxic and carcinogenic chemicals it contains, which can leach into air, water and soil and their negative impacts on human and environmental health. Tire crumbs are microplastics.

The California Coastal Commission declined two recent permits for playground surfacing at Newport Beach Elementary School and a planned project for a playground in Mission Bay, San Diego.
13 Andersen, P. Where Rubber Meets the Road, It’s a Mess. 21 Apr 1996. Los Angeles Times. https://www.latimes.com/archives/la-xpm-1996-04-21-mn-60932-story.html 12 LibreTexts Chemistry. Natural and synthetic rubbers. https://chem.libretexts.org/Bookshelves/Organic_Chemistry/Map:_Organic_Chemistry_(Smith)/24:_Synth etic_Polymers/24.05:_Natural_and_Synthetic_Rubbers
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6PPD, 6PPDquinone:

On 15 July 2021, Representative Katie Porter, then chair of the US House of Representatives Natural Resources Committee, Sub-committee on Oversight and Investigations, held a hearing on toxic chemicals from car tires and playing surfaces.14 This was in response to the December 2020 discovery of the antiozonant
N-(1,3-dimethylbutyl)-N-phenyl-p-phenylenediamine (6PPD) in tires. 6PPD converts to 6PPD-quinone (6PPDq) when it interacts with ozone.15 6PPDq has resulted in a 40-90% decline in coho salmon populations- a federally designated endangered species that is also implicated in US treaties with several Native American Tribes.16,17 In addition to coho salmon, 6PPDq has also been found to be acutely toxic to rainbow and brook trout.18 “Even if this harmful chemical was removed from tire production today, we will be dealing with the legacy of its use for the next 15 to 20 years.” Nisqually Tribe biologist, David Troutt.19
“6PPD is more toxic than Mercury, 27 times more toxic than Cyanide, 425 times more toxic than Arsenic and more toxic than DDT...we do know that all those same ingredients in the chemical reaction that kills salmon are in those playground and playing surfaces...What we need is research on the risks from 6PPD quinone and on the possible substitutes. We need to treat this with urgency befitting a danger to our children.” 8
“…tire chemicals are also a concern for the effects of air pollution on human health.

The smallest particles that wear from tires contribute to the particle pollution of air. 19 Troutt, D (15 July 2021). Testimony before US House of Representatives Natural Resources Committee, Oversight and Investigations Subcommittee on 6PPDq impact on coho salmon. https://docs.house.gov/meetings/II/II15/20210715/112886/HHRG-117-II15-Bio-TrouttD-20210715.pdf 18 Brinkmann, M, Montgomery, D, Selinger, S et al (2 Mar 2022). “Acute Toxicity of the Tire Rubber-Derived Chemical 6PPD-quinone to Four Fishes of Commercial, Cultural, and Ecological Importance.” Environmental Science and Technology Letters. 9 (4): 333–338 https://pubs.acs.org/doi/10.1021/acs.estlett.2c00050
17 Middleton Manning, R, Lusardi, R (13 July 2023). “Removing Dams from the Klamath River is a Step Toward Justice for Native Americans.” Climate News, UC Davis. https://www.ucdavis.edu/climate/news/removing-dams-klamath-river-step-toward-justice-native-americans -northern-california
16 NOAA fisheries: Coho salmon,
https://www.fisheries.noaa.gov/species/coho-salmon
15 Tian, Z, Zhao, H, Peter, KT et al (2020). “A ubiquitous tire rubber–derived chemical induces acute mortality in coho salmon.” Science; (371, 6525a.
https://www.science.org/doi/10.1126/science.abd6951
14 Porter, K, Chair (15 Jul 2021). A congressional hearing: “Are Toxic Chemicals fromTires and Playground Surfaces Killing Endangered Salmon?” US House of Representatives Natural Resources Committee, Oversight and Investigations Subcommittee.
2021https://democrats-naturalresources.house.gov/hearings/are-toxic-chemicals-from-tires-and-playgrou nd-surfaces-killing-endangered-salmon
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These particles are inhaled when we breathe, and they release chemicals when they settle on the wet surfaces inside our lungs. We know that humans living closer to busy roads have poorer health outcomes due to air pollution. It is important that we learn whether 6PPD-quinone plays a role in the toxicity documented when human cells are exposed to chemicals released from tires…Studies are needed to determine the relative contributions of 6PPD-quinone from tires during their use on vehicles as well as the various end-of-life uses of tires such as crumb rubber in playgrounds and synthetic turf fields.” 20
Synthetic playing fields and playgrounds have been shown to be contributing factors. 6PPD and 6PPDq are the latest in an extremely lengthy list of chemicals that are harmful to human and environmental health, as they can be ingested, inhaled, absorbed via skin,21,22 and negatively impact animal and human liver cells.23
The San Francisco Estuary Institute 2021 report submitted to the California Ocean Protection Council found that tire wear particles contributed 85% of microplastics in stormwater runoff across 12 test sites in the bay area. Playgrounds, rubber infill for synthetic turf and rubberized asphalt were all found to be contributing sources of tire particles in urban runoff.24 24 Werbowski, LM, Gilbreath, AN, Munno, K et al (2021). “Urban Stormwater Runoff: A Major Pathway for Anthropogenic Particles, Black Rubbery Fragments, and Other Types of Microplastics to Urban Receiving Waters.” ACS ES&T Water; 1 (6), 1420-1428.
https://pubs.acs.org/doi/full/10.1021/acsestwater.1c00017 23 Qi, Y, Qiu, A, Wei, X et al (2024). "Effects of 6PPD-Quinone on Human Liver Cell Lines as Revealed with Cell Viability Assay and Metabolomics Analysis" Toxics 12, no. 6: 389. https://doi.org/10.3390/toxics12060389
22 Chen, X, Le, Y, Wang, W et al (5 May 2025). “p-Phenylenediamines and their derived quinones: A review of their environmental fate, human exposure, and biological toxicity.” Journal of Hazardous Materials; 488, 137373.
https://www.sciencedirect.com/science/article/abs/pii/S0304389425002857 21 Wan, X, Liang, G, Wang, G (1 Nov 2024). “Potential human health risk of the emerging environmental contaminant 6-PPD quinone.” Sci of Total Environment; (949), 175057. https://www.sciencedirect.com/science/article/abs/pii/S0048969724052070 20 McIntyre, J. (15 July 2021). Testimony before US House of Representatives Natural Resources Committee, Oversight and Investigations Subcommittee on 6PPDq impact on coho salmon.

McIntyre, J (15 Jul 2021). Testimony before US House of Rep., Natural Resources sub committee.

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Multiple studies on used tire crumb have confirmed chemicals of concern to both human health and the environment.25,26,27,28,29 Korean researchers have found that children who play on crumb rubber are 10 times more likely to develop cancer than those who play on soil.30 In 2023, research published by UCLA in conjunction with the Moore Institute for Plastic Pollution Research found playgrounds in parks release as much as five times greater microplastics from equipment and surfacing than other areas in parks.31 This makes synthetic turf and rubber 31 Koutnik, VS, Leonard, J, El Rassi, LA et al (1 Jan 2023). “Children's playgrounds contain more microplastics than other areas in urban parks.” Science of The Total Environment; (854)158866. https://doi.org/10.1016/j.scitotenv.2022.158866
30 Tarafdar, A, Oh, MJ, Nguyen-Phuong, Q et al (2020). “Profiling and Potential Cancer Risk Assessment on Children Exposed to PAHs in Playground Dust/Soil: A Comparative Study on Poured Rubber Surfaced and Classical Soil Playgrounds in Seoul.” Environ Geochem Health 42, 1691–1704 https://doi.org/10.1007/s10653-019-00334-2
29 Armada, D, Llompart, M, Celeiro, M et al (15 March 2022). “Global evaluation of the chemical hazard of recycled tire crumb rubber employed on worldwide synthetic turf football pitches.” Science of Total Environment; (812), 152542.
https://doi.org/10.1016/j.scitotenv.2021.152542
28 Duque-Villaverde, A, Armada, D, Dagnac, T, Llompart, M (15 June 2024). “Recycled tire rubber materials in the spotlight. Determination of hazardous and lethal substances.” Science of The Total Environment; (929), 172674.
https://www.sciencedirect.com/science/article/pii/S0048969724028213 27 Skoczyńska, E, Leonards, PEG, Llompart, M, de Boer, J (Aug 2021). “Analysis of Recycled Rubber:

Development of an Analytical Method and Determination of Polycyclic Aromatic Hydrocarbons and Heterocyclic Aromatic Compounds in Rubber Matrices.” Chemosphere. Vol. 276,130076 https://doi.org/10.1016/j.chemosphere.2021.130076
26 Perkins, AN, Inayat-Hussain, SH., Deziel, NC et al (Feb 2019). “Evaluation of Potential Carcinogenicity of Organic Chemicals in Synthetic Turf Crumb Rubber.” Environ Res; 169:163-172. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6396308/#!po=78.3333 25 California Environmental Protection Agency (19 May 2019). “Synthetic Turf Study.” Meeting of Scientific Advisory Panel. Office of Environmental Health Hazard Assessment. https://oehha.ca.gov/media/downloads/crnr/may2019turfappendicespdf.pdf Item 1
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playground surfaces clearly major point sources of PFAS and microplastic pollution that cannot go unaddressed.

Polycyclic Aromatic Hydrocarbons (PAHs):

Multiple studies have shown PAHs in crumb rubber. Research released in 2023 has shown the bioaccessibility of most of the 16 US EPA PAHs and 8 ECHA (European Chemicals Agency) PAHs in used tire crumb.32 Newly released research from Greece found that dust from used tire crumb playgrounds top coated with EPDM showed a six fold increase in exposure to petroleum based PAHs in dust that extended beyond the playground surface and onto surrounding concrete areas.33
Lead (Pb):

Lead and other heavy metals are found in used tire crumb and in playground surfacing.34 In PIP surfacing, which is heterogeneous, lead levels can vary widely, including hot-spots with significantly higher lead readings from one area to another. Used tire crumb is known to have leachable lead.

Numerous experts worldwide have stated there is no safe level of lead exposure:
“EPA and the Centers for Disease Control and Prevention (CDC) agree that there is no known safe level of lead in a child's blood. Taking action to reduce these exposures can improve outcomes. Lead is harmful to health, especially for children.” US EPA “There is no level of exposure to lead that is known to be without harmful effects. Lead exposure is preventable.” World Health Organization
“There is no safe level of lead exposure in children, with lasting decreases in cognition documented in children with blood levels as low as 5 micrograms per deciliter of lead in blood.” American Academy of Pediatrics
“It is also likely that when many more athletes are active on a field (e.g., 22 in a football game), the “cloud” of particulates that is generated may result in an elevated exposure relative to the particulates mobilized by a single occupant.” Drs. Stuart L Shalat and Alan Stern
“…data provide sufficient evidence to eliminate childhood lead exposure by banning all nonessential uses of lead and further reducing the allowable levels of lead in air emissions, house dust, soil, water, and consumer products.” 34 Gearhart, J (2021). Letter to Deputy Mayor of Education, Washington, DC: “Report on lead in pour in place (PIP) rubber playground at Janney Elementary School.” The Ecology Center, Ann Arbor, MI https://drive.google.com/file/d/1UfMzsVQ0EZKquGlnUKBgkspohIod9D-H/view?usp=drivesdk 33 Manoli, E, Fantidou, V, Kouras, A, Samara, C, (March 2025). Pre-print: “Polycyclic Aromatic Hydrocarbons in settled dust of playgrounds in Thessaloniki, Greece: Concentration levels and implications for childhood cancer risk. Environmental Research. https://doi.org/10.1016/j.envres.2025.121300
32 Armada, D, Martinez-Fernandez, A, Celeiro, M et al (20 Jan 2023). “Assessment of the bioaccessibility of PAHs and other hazardous compounds present in recycled tire rubber employed in synthetic football fields.” Science of The Total Environment; (857) 2, 159485. https://www.sciencedirect.com/science/article/pii/S0048969721076208 Item 1
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Pediatrician and researcher on lead, children’s health and environment, Dr. Bruce Lanphear
“No safe blood lead level in children has been identified. Children are especially at risk from lead because of their small size and developing brains. Lead exposure can affect nearly every system in the body. Even low levels of lead in blood have been shown to negatively affect a child’s intelligence, ability to pay attention, and academic achievement. Removing all sources of lead exposure is important before a child is harmed.” Centers for Disease Control (CDC).

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Phthalates:

Phthalates are used extensively in the manufacturing of plastics. They are in plastics in playground equipment and surfacing as well as in tires. Like PFAS, they have endocrine disrupting properties.35 Like lead, they also have neurotoxic effects. “Ortho-phthalates are diesters of phthalic acid and are the predomina[nt] type of phthalate used in commerce…They are high-production-volume chemicals used most often as a plasticizer in polyvinyl chloride (PVC) and other plastics.”36 As plasticizers, they are used in plastic toys, playground equipment, “natural rubber” and tire manufacturing.37 Use of phthalate-containing products is choosing to risk impairment of children's I.Q.s, their brains and their overall health.

Polyvinyl Chloride (PVC) Tiles:

PVC is used in the manufacturing of playground equipment and surfacing. PVC is not a benign material. Use of a PVC product would be willfully exposing children and the environment to one of the most toxic chemicals on the planet.

Parents and caregivers trust that if a product is on the market, that it has undergone rigorous testing and found to be safe. Nothing could be further from the truth, and polyvinyl chloride38 is a case in point that must not go unaddressed. Vinyl chloride monomer,39 used in the production of polyvinyl chloride, is a category 1 carcinogen40 and has been on the California Proposition 65 list since 1987.

Nearly 60% of PVC is chlorine. Production creates significant human and environmental concerns due to chlorinated dioxins, furans and carbon tetrachloride,41 even when there are low 41 Health Care Without Harm (Europe), (25 Jun 2021). “The polyvinyl chloride debate: Why PVC remains a problematic material.”
40 Fralish, MS, Poole, ND, Downs, JW (updated 12 Jun 2023). “Vinyl Chloride Toxicity.” National Library of Medicine. Matthew S. Fralish; Nicholas D. Poole; John W. Downs. https://www.ncbi.nlm.nih.gov/books/NBK544334/
39 Office of Health Hazard Assesment (2025). Proposition 65 list. “Vinyl Chloride.” CA EPA. https://oehha.ca.gov/media/downloads/proposition-65//p65chemicalslist.pdf 38 National Cancer Institute (updated June 2024). Vinyl Chloride. https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/vinyl-chloride 37 Johannessen, C, Liggio, C, Zhang, X et al (Sep 2022), “Composition and transformation chemistry of tire-wear derived organic chemicals and implications for air pollution.” Atmospheric Pollution Research; 13(9), 101533
https://www.sciencedirect.com/science/article/pii/S1309104222002148 36 Engel, SM, Patisaul, HB, Brody, C (Apr 2021). “Neurotoxicity of Ortho-Phthalates:

Recommendations for Critical Policy Reforms to Protect Brain Development in Children.” Am J Public Health. 2021;111(4): 687–695.
https://doi.org/10.2105/AJPH.2020.306014
35 Wang, Y, Qian, H, (18 May 2021). “Phthalates and Their Impacts on Human Health.” Healthcare (Basel); 9(5), 603.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8157593/
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levels of exposure. It wasn’t until March 2024 that the United States banned use of asbestos in chlorine.42 PVC playground tiles and mats also contain phthalates and per- and polyfluoroalkyl substances (PFAS).
“Various PVC additives also have hazardous properties and, therefore when emitted, can pose a threat to the environment and human health. PVC is considered as the most environmentally damaging plastic and one of the most toxic substances for inhabitants of our planet. From cradle to grave, the PVC lifecycle (production, use, and disposal) results in the release of toxic, chlorine-based chemicals, and it is one of the world’s largest dioxin sources. These toxins build up in water, air, and food chains. They cause severe health problems, including cancer, immune system damage, and hormone disruption. Everyone has measurable levels of chlorinated compounds (toxins) in their bodies.”43
“PVC…initial manufacturing did not produce a stable material, unless stabilizing chemicals were added, such as lead carbonate. Without these, PVC easily degrades and releases corrosive hydrogen chloride if heated or exposed to sunlight.

Further, rigid PVC could only be made moldable and flexible by the addition of plasticizers, phthalates, used in the past to plasticize celluloid.”44 ”Traditional methods for the storage and incineration of PVC waste lead to the release weight, highly stable covalent bonds, and hydrophobic surface properties, creating a base of harmful chlorinated compounds: hydrogen chloride and chlorine‐containing dioxins huge environmental problem during its production and disposal. PVC waste is highly resistant to decomposition in the environment but often releases harmful chlorinated compounds that negatively affect the health of organisms and the ecosystem. PVC is classified as a substance with strong mutagenic and carcinogenic properties, and it is more toxic than other plastics due to the presence of chlorine atoms in it.”42

In addition to the chemicals in PVC tiles and mats, highly toxic glues, adhesives and binders may be incorporated during the manufacturing process, to secure interlocking tiles or mats, or to secure the tiles to closed cell foam or foamed XLPE (cross-linked polyethylene) underlayment pad that may be used with this or other synthetic surfacing. 44 Wagner, M, Monclús, L, Arp, HPH et al (Mar 2024). “State of the science on plastic chemicals:

Identifying and addressing chemicals and polymers of concern.” PlastChem, Norway. https://plastchem-project.org
43 Kudzin, MH, Piwowarska, D, Festinger, N, Chruściel, JJ (2024). “Risks Associated with the Presence of Polyvinyl Chloride in the Environment and Methods for its Disposal and Utilization.” MDPI; 17(1), 173 www.mdpi.com/1996-1944/17/1/173
42 US EPA (18 Mar 2024). “Biden-Harris Administration finalizes ban on ongoing uses of asbestos to protect people from cancer.”
https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-ban-ongoing-uses-asbestos-prote ct-people-cancer
https://noharm-europe.org/sites/default/files/documents-files/6807/2021-06-23-PVC-briefing-FIN AL.pdf
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Plastics, including PVC and polyethylene, will degrade, will leach toxic chemicals to air, water and soil, will heat the environment and contribute to climate change, will form microplastics and will release their toxic payloads into the very air we breathe, the water we drink and the food we eat.

The US Environmental Protection Agency (EPA) has begun the process to ban PVC.45,46 PVC tile used for playgrounds only has a six-year warranty, suggesting it may degrade rapidly in the environment, releasing micro- and nanoplastics to air, water and soil during its short “useful” life, after which time it will need to be landfilled, and likely in a hazardous waste landfill due to its toxicity. Yet another incredibly bad choice, on taxpayer dollars, for a product that harms not only children, but the environment.

46 Le Coz, E (14 Dec 2023). “EPA begins formal review of 5 toxic chemicals, including one in Ohio train derailment.” USA Today.
https://www.usatoday.com/story/news/investigations/2023/12/14/epa-begins-process-to-potentially-ban-vi nyl-chloride-used-in-pvc/71923363007/
45 US EPA (13 Dec 2023). “EPA Begins Process to Prioritize Five Chemicals for Risk Evaluation Under Toxic Substances Control Act.”
https://www.epa.gov/newsreleases/epa-begins-process-prioritize-five-chemicals-risk-evaluation-under-toxi c-substances
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Microplastics:

Research by the Department of Civil and Environmental Engineering, University of California, Los Angeles, and the Moore Institute for Plastic Pollution Research, Long Beach, found “Children's playgrounds contain more microplastics than other areas in urban parks.”24 In addition to the CA Statewide Microplastics Strategy47, CA DTSC recently announced its intent to add Microplastics to the Candidate Chemicals List.48 Microplastics are released from plastic playground structures, synthetic surfacing materials, and hypar sails used for shade.

Microplastics not only leach chemicals, including PFAS, they adsorb other chemicals and bacteria, posing particular risk to the food chain. Even the best BMPs (Best Management Practices) will capture only a small percentage of the microplastics and virtually none of the PFAS and other toxic chemicals from plastic elements. Drainage systems are not expensive granulated activated carbon (GAC) filters.

Microplastics have been found in 1,288 marine species and 277 terrestrial and freshwater species.49 They have even been found in air exhaled by dolphins via their blowholes.50 PFAS from micro- and nanoplastics have been found in sea spray.51 51 Gribkoff, E (21 Dec 2021). “Sea spray is belching toxic chemicals back on land: Study links PFAS contamination in coastal air to breaking waves.” Science Advisor Newsletter. https://www.science.org/content/article/sea-spray-belching-toxic-chemicals-back-land 50 Dziobak, MK, Fahlman, A, Wells, RS (16 Oct 2024). “First evidence of microplastic inhalation among free-ranging small cetaceans.” PlosOne.
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0309377 49 Jambeck, JR, Walker-Franklin, I (16 Jun 2023). “The impacts of plastics’ life cycle.” One Earth; 6(6), 600-606
https://doi.org/10.1016/j.oneear.2023.05.015
48 Safer Consumer Product Program (2023). “Proposed Addition to the Candidate Chemicals List:

Microplastics.” California Department of Toxic Substances Control. https://dtsc.ca.gov/scp/candidate-chemical-list_microplastics/ 47 California Senator Portantino (20 Sept 2018). Ocean Protection Council: Statewide Microplastics Strategy. Chapter 3.2; Section 35635; Division 26.5 of the Public Resources Code, relating to pollution. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1263 Item 1
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Natural Playgrounds;
Natural playgrounds have significant benefits over plastic playgrounds:
● Significantly reduce or eliminate risk of toxic and cancer causing chemicals to humans and the environment from plastic components.
● Provide a significantly cooler environment.
● Are consistent with the National Parks and Recreation Association (NRPA) Three Pillars.52,53
● Have significant physical and mental health benefits54:
o Boosts immunity.55
o Reduces asthma56 and symptoms of Attention Deficit Hyperactivity Disorder (ADHD).57 o Mitigate aggressive behavior in adolescents.58
o Significantly reduce the growing risk of psychiatric disorders59 and suicide mortality. 60 60 Asri, AJ, Tsai, HJ, Wong, PY et al (4 Jul 2022). “Examining the Benefits of Greenness on Reducing Suicide Mortality Rate: A Global Ecological Study.” Front. Public Health, Sec. Environmental Health and Exposome;10, 902480.
59 Engemann, K, Pedersen, CB, Arge, L, Svenning, JC (25 Feb 2019). “Residential green space in childhood is associated with lower risk of psychiatric disorders from adolescence into adulthood.” PNSA; 116 (11) 5188-5193
https://doi.org/10.1073/pnas.1807504116
58 Younan, D, Tuvblad, C, Lianfa, L et al (2016). “Environmental Determinants of Aggression in Adolescents: Role of Urban Neighborhood Greenspace.” J Am Acad Child Adolesc Psychiatry; 55(7):591–601.
https://pubmed.ncbi.nlm.nih.gov/27343886/
57 Thygesen, M, Engemann, K, Gitte, JH et al (22 Dec 2020). “The Association between Residential Green Space in Childhood and Development of Attention Deficit Hyperactivity Disorder: A Population-Based Cohort Study.” Environmental Health Perspectives; 128(12). https://doi.org/10.1289/EHP6729
56 Hartley, K, Ryan, P, Brokamp, C, Gillespie, GL (3 Jan 2020). “Effect of greenness on asthma in children: A systematic review.” Public Health Nurs. 37(3):453–460. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9292730/
55 Franco, A, Robson, D (10 Oct 2022). “How mud boosts your immune system.” British Broadcastings Corp. (BBC).
https://www.bbc.com/future/article/20220929-how-outdoor-play-boosts-kids-immune-systems 54 Zhang, Y, Mavoa, S, Zhao, J (11 Sep 2020). “The Association between Green Space and Adolescents’ Mental Well-Being: A Systematic Review.” Int J Environ Res Public Health; 17(18):6640. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7557737/
53 National Recreation and Parks Association (n.d.). “Our Three Pillars: Health and Wellbeing, Equity, Environmental Resilience.”
https://www.nrpa.org/our-work/Three-Pillars/
52 National Recreation and Parks Association (n.d.). “Role of Parks and Recreation in Conservation.” https://www.nrpa.org/our-work/Three-Pillars/role-of-parks-and-recreation-in-conservation/#:~:text=Clean, %20green,%20and%20accessible%20parks%20and%20open%20spaces,air,%20and%20enabling%20th e%20conservation%20of%20natural%20resources
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o Enhance behavioral self-regulation61 and academic performance.62 o Foster cognitive development,63 imagination, creativity64 and appreciation for nature. o May reduce gun violence and vandalism.65
● Reduce taxpayer liability for high installation, maintenance and replacement costs for items that pose risk to children and others.
● May reduce liability risks for injuries, violations of the U.S. Clean Water Act.66 66 US EPA (updated 29 Jan 2025). “National Pollutant Discharge Elimination System (NPDES).” https://www.epa.gov/npdes
65 Branas, CC, South, E, Kondo, MC et al (2018). “Citywide cluster randomized trial to restore blighted vacant land and its effects on violence, crime, and fear.” Proceedings of the National Academy of Sciences (PNAS); 115(12), 2946–2951
https://doi.org/10.1073/pnas.1718503115
64 Wojciehowski, M, Ernst, J (2018). “Creative by Nature: Investigating the Impact of Nature Preschools on Young Children’s Creative Thinking.” The International Journal of Early Childhood Environmental Education; 6(1), 3.
https://files.eric.ed.gov/fulltext/EJ1193490.pdf
63 Weir, K (1 Apr 2020). “Nurtured by nature: Psychological research is advancing our understanding of how time in nature can improve our mental health and sharpen our cognition.” American Psychological Association; 51(3), 50.
https://www.apa.org/monitor/2020/04/nurtured-nature
62 Leung, WTV, Tam, TYT, Pan, WC, Wu, CD (Jan 2019). “How is environmental greenness related to students' academic performance in English and Mathematics?” Landscape and Urban Planning; vol. 181, 118-124.
https://www.sciencedirect.com/science/article/pii/S0169204618310569 61 McCormick, R. (2017). Does access to green space impact the men- tal well-being of children: A systematic review. Journal of Pediatric Nursing, 37, 3–7. https://doi.org/10.1016/j.pedn.2017.08.027
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Elementary school in Watts, Los Angeles67
67 UCLA Luskin Center (May 2023). Policy Brief. “Protecting Californians with Heat-Resilient Schools.” https://innovation.luskin.ucla.edu/wp-content/uploads/2023/05/Protecting-Californians-with-Heat-ResilientSchools.pdf Item 1
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Heat:

Plastics get very hot and pose a risk for thermal burns, sometimes significant enough to require hospitalization. At a surface temperature of 118°F a first-degree thermal burn occurs in 15 minutes, becoming a 3rd degree burn (full skin-thickness) in 20 minutes; at a temperature of 140°F, 1st degree burns occur in 3 seconds, and 3rd degree burns in 5 seconds.68 High temperatures pose a serious risk for heat illness. One of the predisposing factors for heat illness are prescription drugs for treatment of attention deficit hyperactivity disorder, ADHD, which can be caused by PFAS chemicals found in plastics and medications.69,70 Children are not small adults. They are more readily impacted by heat illness and heat stroke due to:71
● Heat production – Children have higher metabolic rates than adults which leads to higher heat production.
● Body surface area – Younger children absorb more heat because they have a greater body area to body mass ratio. For older children and teens, increased body fat and low fitness levels are contributing factors.
71 UpToDate. “Heat Stroke in Children: Pathophysiology.” https://www.uptodate.com/contents/heat-stroke-in-children?search=Heat%20stroke%20in%20children&so urce=search_result&selectedTitle=1%7E51&usage_type=default&display_rank=1#H4 70 UpToDate. “Medical Risk Factors for Heat Illness in Children.” https://www.uptodate.com/contents/image?imageKey=EM%2F73292&topicKey=EM%2F6596&source=se e_link
69 Forns, J, Verner, MA, Iszatt, N (6 May 2020). “Early Life Exposure to Perfluoroalkyl Substances (PFAS) and ADHD: A Meta-Analysis of Nine European Population-Based Studies.” Environ Health Perspect; 128(5):57002.
https://ehp.niehs.nih.gov/doi/10.1289/EHP5444
68 Moritz AR, Henriques FC Jr (1947). Original source. “Studies of thermal injury II: The relative importance of time and surface temperature in the causation of cutaneous burns.” Am J Pathol.; 23:
915-941.
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Safe Healthy Playing Fields Inc.
www.safehealthyplayingfields.org
12 March 2025
Memorial Park Redevelopment and Expansion Project
Santa Monica City Council, Environmental Planning and Recreation and Arts Departments:

Thank you for the opportunity to submit these comments on behalf of Safe Healthy Playing Fields, Inc (SHPFI).

SHFPI is an all-volunteer 501-c-3 non-profit. We are committed to educating communities, policy-makers and elected officials about the health, safety and financial realities of plastic fields versus grass fields and other synthetic surfaces for their parks and schools. Our constituency ranges from concerned individuals to community and civic organizations, legal, healthcare and science professionals, municipal leaders and state legislators.

SHPFI is in support of full and meaningful environmental impact review (EIR) under the California Environmental Quality Act (CEQA). Full transparency, disclosure, and a commitment to true environmental safety and to all who would be exposed to the toxic and carcinogenic chemicals known to exist in this fossil fuel-based petrochemical plastic product, whether on playing fields or used in landscaping.1,2 A full EIR is necessary due to multiple factors, including, but not limit to:
● Significant environmental impacts that cannot be mitigated ● Unusual circumstances
● Cumulative effects
● Greenhouse gas emissions
● Hydrology/water impacts
● Viable alternatives
● Awareness of legislative and regulatory schemes
● Awareness of the current state of science
Additionally, the use of synthetic is in direct conflict with many of Santa Monica’s own ordinances.
2 Kassotis, C (23 Sep 2024). “Endocrine and cardiometabolic toxicity of artificial turf associated materials.” Video of presentation at NYU Langone Health symposium on plastics research. https://www.youtube.com/watch?v=q8MDXyQKnFA
1 Siegela, KR, Murraya, BR, Gearhart, J, Kassotis, CD (2024). “In vitro endocrine and cardiometabolic toxicity associated with artificial turf materials.” Environmental Toxicology and Pharmacology; (111), 104562. https://doi.org/10.1016/j.etap.2024.104562
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Synthetic turf is most often made from low density polyethylene, the same material as straws and plastic bags. It is the most globally produced and discarded fossil fuel-based petrochemical plastic.

As calculated by the Martha’s Vineyard Conservancy, a single regulation sized plastic playing field is the equivalent of 3.2 million plastic bags, or 42 million plastic straws.3 Microplastics:

California’s Statewide Microplastics Strategy - Senate Bill No.1263 (Chapter 609), was enacted in 2018.4 In addition, CA DTSC has announced its intent to add Microplastics to its Candidate Chemicals List for regulation.5
A 2017 study found that a single synthetic turf field loses 0.5 to 0.8% of its blades annually. This estimate is ten times lower than a previous Danish study (0.8 kg/m2).

This equates to 2,000 to 3,000 pounds of microplastic blade loss per year per field.6,7 Newer playing fields that do not require infill poured on top of the synthetic carpet are 7 CA DTSC (27 Aug 2024). Slide deck, presentation on Candidate Chemicals in Artificial Turf. CA EPA. https://dtsc.ca.gov/wp-content/uploads/sites/31/2024/09/Artificial-Turf-Workshop-Slides_DTSC_Accessibl e.pdf
6 Hann, S et al (2018). “Investigating Options for Reducing Releases in the Aquatic Environment of Microplastics Emitted by (but not Intentionally Added in) Products.” Eunomia, United Kingdom. https://www.eunomia.co.uk/case_study/measuring-impacts-of-microplastics/ 5 Safer Consumer Product Program (2023). “Proposed Addition to the Candidate Chemicals List:

Microplastics.” California Department of Toxic Substances Control. https://dtsc.ca.gov/scp/candidate-chemical-list_microplastics/ 4 Senate Bill No. 1263 (2018). “CHAPTER 609: An act to add Chapter 3.2 (commencing with Section 35635) to Division 26.5 of the Public Resources Code, relating to pollution. State of California. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1263 3 Doyle, M, Slavin, D, Thomson, R (29 Jan 2019). “Numbers flawed in turf vs. grass debate.” Martha’s Vineyard Times.
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more densely woven, may have double backing,8
and have the potential for significantly
greater microplastic blade and carpet backing loss to the environment.

Microplastic synthetic turf blades have been found in Lake Tahoe, where researchers found high levels of polyethylene and polypropylene in the lake and “…recorded plastics concentrations more than three times higher than those sampled using a similar method in the North Atlantic subtropical gyre.”
9,10,11
Synthetic turf fibers have been found in the world’s oceans, ranging from 12 to over 15 percent of the microplastics found, as reported by researchers in Spain, China, Japan, Australia and Canada. Synthetic turf blades represent as much as 25% of microplastics in surface waters.12 This research lead to the California Coastal Commission's decision to not allow synthetic turf at UC Santa Barbara (13 Dec 2023) and stating synthetic turf is not superior to natural grass and is not sustainable.
12 De Haan, WP, Quintana, R, Vilas, C, Cózar, A et al (1 Oct 2023).“The dark side of artificial greening:

Plastic turfs as widespread pollutants of aquatic environments.” Environmental Pollution; 334, 122094. https://www.sciencedirect.com/science/article/pii/S0269749123010965?via%3Dihub 11 Personal email communication from research staff at Tahoe Environmental Research Center. Lake Tahoe Email

10 Spencer, C (2023). “Lake Tahoe has higher concentration of microplastics than ocean trash heap.” LA Times.
https://www.latimes.com/california/story/2023-07-14/lake-tahoe-troubling-concentration-microplastics 9 Schultz, Madison. 2022. “UC Davis Environmental Research Center fundamental at Lake Tahoe.” Sierra Sun. Accessed 26 Oct 2023.
https://www.sierrasun.com/news/uc-davis-environmental-research-center-fundamental-at-lake-tahoe/ 8 TenCate Pivot (2024). Face weght of 120 ounces per yard2, double backing, total weight 147.5 ounces per yard2.
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“Section 21080.5(d)(2)(A) of CEQA prohibits the Commission from approving a proposed development if there are feasible alternatives or feasible mitigation measures available that would substantially lessen any significant adverse effect which the activity may have on the environment.

For the reasons discussed in this report, the Commission has conditioned the NOID to require design and implementation of Final Revised Project Plans that do not include the installation of artificial turf.”13 Additional loss of microplastics from the backing (approximately 438 pounds/per field annually), exclusive of the underlayment pad and infill.14
Microplastics both leach and adsorb toxic chemicals and bacteria in the environment, putting the food chain at risk.

With virtually all plastic ever made still in existence, the impact on the environment, ecosystems and biodiversity loss from the chemical leachate and microplastics is immense. From zooplankton, krill, whales, bees, and terrestrial animals of the Americas, macro-, micro- and nanoplastics are impacting aquatic and wildlife, and even our pets. Synthetic turf and microplastics have caused a decrease in bird populations, accumulation of microplastics on bees, and negatively impacts ocean habitats and biodiversity both above and below ground.

Research from 2021 estimated that >1500 species have ingested microplastics.15 Found from the peak of Mount Everest, to the depths of the Mariana trench, microplastics and now recently, been found in high levels in air exhaled by dolphins via their blowholes.16 It is estimated that roughly one million seabirds and 100,000 marine mammals are killed annually from plastic in our oceans.

In its 2024 Report, the World Wildlife Fund reports a loss of 73% of wildlife populations in the period from 1970 to 2020.17 From cradle to grave, fossil fuel extraction to production, 17 World Wildlife Federation (2024). “Living Planet Report: 2024. Nature is Disappearing: The Average Size of Wildlife Populations Has Fallen By a Staggering 73%.” https://livingplanet.panda.org/en-US/
16 Dziobak, MK, Fahlman, A, Wells, RS (16 Oct 2024). “First evidence of microplastic inhalation among free-ranging small cetaceans.” PlosOne.
https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0309377 15 Santos, RG, Machovsky-Capuska, GE, Andrades, R (2021). “Plastic Ingestion as an Evolutionary Trap:

Toward a Holistic Understanding.” Science: 373, 56–60. https://pubmed.ncbi.nlm.nih.gov/34210877/ 14 Kole, PJ, Van Belleghem, F, Stoorvogel, JJ, Ragas, A, Löhr, AJ (10 Dec 2023). “Tire granulate on the loose: How much escapes turf? A systematic literature review.” Science of The Total Environment; (903)166221.
https://doi.org/10.1016/j.scitotenv.2023.166221
13 California Coastal Commission (13 Dec 2023). “Notice of Impending Development UCS-NOID-0002-23 (Baseball Stadium Turf).”
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manufacturing, use and disposal, plastics impact healthy soil, water, ecosystems, human health and wildlife.

Any commitment to not use used tire crumb infill or other microplastic infill poured on top of the plastic turf carpet is a distraction meant for all to believe it is the only concern related to synthetic turf. Often sourced outside of the US, plant based synthetic turf infills can contain pesticides, PFAS, heavy metals and more. Because they add excess nutrients to soil and water, they have been implicated in increased frequency and severity of toxic algal blooms.18 Drainage systems, with or without filters, nor straw wattles or catchment basins, will solve the issues of micro-, meso-, or nanoplastics. These plastic fragments readily loft into the air and can travel for miles and reloft over and over. The same applies to these plastic fragments in water, carrying their toxic payloads with them.19
Microplastics not only leach chemicals, including endocrine disrupting forever PFAS, they adsorb other chemicals and bacteria, posing particular risk to the food chain. Even the best BMPs (Best Management Practices) will capture only a small percentage of the microplastics and virtually none of the nanoplastics, PFAS and other toxic chemicals from synthetic turf.

Drainage systems are not expensive granulated activated carbon (GAC) filters. 19 Lambert, S, Vercauteren, M, Catarino, AI et al (15 June 2024). “Aerosolization of micro- and nanoplastics via sea spray: Investigating the role of polymer type, size, and concentration, and potential implications for human exposure.” Environmental Pollution; (351), 124105 https://www.sciencedirect.com/science/article/abs/pii/S0269749124008194 18 US EPA (1 Feb 2024). Nutrients and Harmful Algal Blooms Research. https://www.epa.gov/water-research/nutrients-and-harmful-algal-blooms-research Item 1
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Toxic Chemicals:

As outlined in the 27 Aug 2024 presentation by the California Dept. of Toxic Substances Control (DTSC), there are multiple chemical classes of concern in synthetic turf.20 Some of these chemicals include (not comprehensive):
● PFAS21,22,23,24,25
● Phthalates26,27,28
28 IE DuPont de Nemours (2015).
https://patents.justia.com/patent/9017788
27 Safer Consumer Products Program (Aug 2024). “Background Document on Candidate Chemicals in Artificial Turf.” Dept. of Toxic Substances Control, California Environmental Protection Agency. https://dtsc.ca.gov/wp-content/uploads/sites/31/2024/07/Background-Document-on-Candidate-Chemicalsin-Artificial-Turf.pdf 26 Ryan-Ndegwa, S, Zamani, R, Martins, T (17 Dec 2024). “Exploring the Human Health Impact of Artificial Turf Worldwide: A Systematic Review.” Environ Health Insights; (18),11786302241306291 https://doi.org/10.1177/11786302241306291
25 Multi-organizational fact sheet (2022). “PFAS polymers pose serious health and environmental threats.” https://drive.google.com/file/d/1fJDsNTIPp-YMT_7aQ0TDvTaLg2lB5PMA/view?usp=drivesdk 24 EI DuPont de Nemours (2013)
https://patents.justia.com/patent/8568874
23 Dept. of Toxic Substances Control (27 Aug 2024). “Background Document on Candidate Chemicals in Artificial Turf.” California EPA.
https://dtsc.ca.gov/wp-content/uploads/sites/31/2024/07/Background-Document-on-Candidate-Chemicalsin-Artificial-Turf.pdf 22 Woelke, D (Nov 2024). Compilation of PFAS leachate testing from synthetic turf results.

PFAS leachate from synthetic turf
21 Glüge, J, Scheringer, M, Cousins, IA, DeWitt, JC et al (30 Oct 2020). “An overview of the uses of perand polyfluoroalkyl substances (PFAS).” Environ Sci Process Impacts;22(12):2345–2373. https://pmc.ncbi.nlm.nih.gov/articles/PMC7784712/
20 Dept. of Toxic Substances Control. (27 Aug 2024). California EPA.

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● Latex (including styrene butadiene)29,30,31,32
32 Staff writer (3 Jul 2024). “Artificial Turf Fields.” Institute For Climate Change, Environmental Health, and Exposomics. Mt. Sinai ICAHN School of Medicine.

Exposomic Research
31 Sick, S (2021). Patent
https://patents.justia.com/patent/10968565
30 Sick, S (2017). Patent application
https://patents.justia.com/search?q=FLOOR+PAVEMENT+STRUCTURE+WITH+GEL+L 29 Tomarin, SA (1984). Patent
https://patents.justia.com/patent/4497853
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● Naptha18,,33,34
● Siloxanes35,36
● Talc37,38
● Di/Isocyanates39
● Formaldehyde29
● Fungicides26
● Flame retardants26
● Coal fly ash26
● Anti-Microbial agents40,41,42
● Dibutyltin Ethylene glycol43
43 Sick (2017)
https://patents.google.com/patent/WO2018122346A1
42 Verdú, I, Gonzalez-Pleiter, M, Leganés, F et al (Mar 2021). “Microplastics can act as vector of the biocide triclosan exerting damage to freshwater microalgae.” Chemosphere. https://www.sciencedirect.com/science/article/abs/pii/S0045653520333907 41 Triclosan Fact Sheet. BioMonitoring California.
https://biomonitoring.ca.gov/sites/default/files/downloads/TriclosanFactSheet.pdf 40 Dow Chemical (2017).
https://patents.justia.com/patent/20190078235
39 Sick, S (2021) patent
https://patents.justia.com/patent/11180894
38 Dow Global Technologies, Inc (2008) patent application https://patents.justia.com/patent/20100279032
37 Sick, S (2015) patent
https://patents.justia.com/patent/10968565
36 Dow Global Technologies, Inc (2015) patent
https://patents.justia.com/patent/9040627
35 Ferreira T, Homem V, Cereceda-Balic F et al (2024). “Are volatile methylsiloxanes in downcycled tire microplastics? Levels and human exposure estimation in synthetic turf football fields.” Environ Sci Pollut Res Int. 10.1007/s11356-024-31832-1
https://link.springer.com/article/10.1007/s11356-024-31832-1 34 Modern Fibers Inc (1984) patent
https://patents.justia.com/patent/4617208
33 Sick, S (2017) patent application
https://patents.justia.com/patent/8568874
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● UV stabilizers30,44.45
● Anti-Static Treatments30
● Colorants
All synthetic turf tested by academic institutions and independent third party laboratories using proper methods, techniques and reporting limits have found PFAS in synthetic turf.46,47 PFOS was found on the hands of young soccer players who played on synthetic turf in a small pilot study in San Diego in the summer of 2023.48 That study is currently being replicated by the Kassotis Lab, Wayne State University, with 50 student athletes and multiple playing fields.

Of high significance, a study done by the Kassotis Lab, in conjunction with The Ecology Center (Ann Arbor, MI), “In vitro endocrine and cardiometabolic toxicity associated with artificial turf materials” published in the October 2024 edition of Environmental Toxicology and Pharmacology, demonstrates the cytotoxic effects of chemicals in synthetic turf to endocrine organs and cardiac development and function. This study also demonstrates the importance of looking at combined chemical exposures associated with a given product.49 No one is ever exposed to one chemical- certainly not with plastics and definitely not with synthetic turf. 49 Siegela, KR, Murraya, BR, Gearhart, J, Kassotis, CD (2024). “In vitro endocrine and cardiometabolic toxicity associated with artificial turf materials.” Environmental Toxicology and Pharmacology; (111), 104562. https://doi.org/10.1016/j.etap.2024.104562
,
48 Amenabar, T (Mar 2024). “Study eyes safety of turf fields for kids: Scientists team up with San Diego Surf soccer club to discover if ‘forever chemicals’ pose risk.” San Diego Union Tribune, originally published in the Washington Post.
https://enewspaper.sandiegouniontribune.com/infinity/article_popover_share.aspx?guid=7f93edcb-cd5b-4 f9d-b8e4-ed57343daefc&share=true
47 Pollard, L, Massey, R (Aug 2024). “Per- and Poly-fluoroalkyl Substances (PFAS) in Artificial Turf:

Academic, municipal, and other testing efforts.” Lowell Center for Sustainability, University of Massachusetts, Lowell.
https://www.uml.edu/docs/PFAS%20in%20Artificial%20Turf%20-%20Academic%20Municipal%20%26%2 0Other%20Tests%20Aug%202024_tcm18-386957.pdf
46 Whitehead, H. D. (2023). “Development of Analytical Methods for Highly Selective and Sensitive Analytical Analysis of Compounds Relevant to Human Health and the Environment.” Version 1. University of Notre Dame.
https://doi.org/10.7274/bg257d30j3m
45 Awonaike, B, Lei, YD, Parajulee, A, Wania, F (1 Dec 2021). “Phase partitioning, transport and sources of Benzotriazole Ultraviolet Stabilizers during a runoff event.” Water Research X; (13),100115 https://www.sciencedirect.com/science/article/pii/S2589914721000281#:~:text=High%20levels%20of%20 UV328%20and%20UV234%20were,a%20sink%20than%20a%20source%20of%20BT%2DUVs 44 International Pollutant Elimination Network.“Communications on Recent Research: Recent Research on UV-328 Further Proves its Potential to Undergo Long-Range Transport, Bioaccumulate, and Cause Harm.”
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With chemicals of concern in both children’s products and synthetic turf currently under review by the California Department of Toxic Substances ControlCA (DTSC), it is reasonable to expect markedly lower acceptable limits for PFAS and additional chemicals.

If the industry were able to eliminate PFAS from its products some day, it would still be plastic, with myriad toxic, carcinogenic and hazardous chemicals.

Regulation in process in CA!
Early chemgrass, made without PFAS, was brittle. The synthetic turf industry has had 60 years to self-regulate. Were it capable of doing so, it would not be under review for regulation by DTSC at this time.

The California Department of Toxic Substances Control has determined it will be bringing synthetic turf under regulation for per- and polyfluoroalkyl substances (PFAS) that have been found in 100% of synthetic turf tested by academic, non-profit organizations and independent testing in commercial laboratories to date.50,51 They are also reviewing information on flame retardants, endocrine disrupting and neurotoxic phthalates, antimicrobials, colorants, and more, and will make additional announcements at a future date.52,53,54,55,56 Regulation will have major implications regarding disposal of these fossil fuel-based petrochemical products as well as the ability to replace these fields in the future.

CA DTSC PFAS fact sheet
56 DTSC (27 Aug 2024). CalSAFER website
55 DTSC (27 Aug 2024). Presentation Slides
54 DTSC (27 Aug 2024). Meeting Agenda
53 DTSC (27 Aug 2024). Background Document
52 DTSC (27 Aug 2024). “Virtual Workshop on Candidate Chemicals in Artificial Turf” Meeting Recording 51 Pollard, L, Massey, R (Aug 2024). “Per- and Poly-fluoroalkyl Substances (PFAS) in Artificial Turf: Academic, municipal, and other testing efforts.” Lowell Center for Sustainability, University of Massachusetts, Lowell.
https://www.uml.edu/docs/PFAS%20in%20Artificial%20Turf%20-%20Academic%20Municipal%20%26%2 0Other%20Tests%20Aug%202024_tcm18-386957.pdf
50 Whitehead, H. D. (2023). “Development of Analytical Methods for Highly Selective and Sensitive Analytical Analysis of Compounds Relevant to Human Health and the Environment.” Version 1. University of Notre Dame.
https://doi.org/10.7274/bg257d30j3m
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Based on the current state of science, installation of synthetic turf is knowingly and willfully choosing to expose children, adults, bystanders, maintenance workers, vulnerable populations, wild and aquatic life to an increased risk of disease, disability, and even death due to the toxic and carcinogenic chemicals found in, and leaching to air, water and soil from synthetic turf.

In addition to CA DTSC, the City of Los Angeles is working on a highly supported ordinance that would ultimately ban synthetic turf.57
The cities of Millbrae and San Marino have enacted ordinances banning synthetic turf under SB676- Allen (2023)58 and additional cities are currently considering taking action.

In addition to the CA Statewide Microplastics Strategy - Senate Bill No.1263 (Chapter 609, 2018),59 CA DTSC has announced its intent to add Microplastics to the Candidate Chemicals List.60

Impervious surfacing:
“Grass doesn’t waste water. People do!”
Dr. James Baird, UC Riverside Turfgrass Management Program

Plastic turf does not save water:Synthetic turf requires approximately 989 gallons of water to produce 1 square meter of turf61 estimated to be the equivalent of watering a square meter of natural grass for 18 years. Additional water is required for cooling to a safe temperature for playing as well as for cleaning pollution, bodily fluids (like blood and vomit), animal waste, mold, bacteria and more from plastic turf and is often a condition of warranty.

Per various maintenance manuals, cleaning of synthetic turf requires the use of toxic chemicals, which will be added to the toxic run-off that leaches from the plastic to soil, air and water. 61 Waterwise UK. “How to save water: Artificial Grass’s Footprint.” https://www.waterwise.org.uk/save-water/
60 Safer Consumer Product Program (2023). “Proposed Addition to the Candidate Chemicals List:

Microplastics.” California Department of Toxic Substances Control. https://dtsc.ca.gov/scp/candidate-chemical-list_microplastics/ 59 Senate Bill No. 1263 (2018). “CHAPTER 609: An act to add Chapter 3.2 (commencing with Section 35635) to Division 26.5 of the Public Resources Code, relating to pollution. State of California. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1263 58 Allen, B (8 Oct 2023). “Allen. Local ordinances and regulations: drought-tolerant landscaping An act to amend Section 53087.7 of the Government Code, relating to local government. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB676 57 City of Los Angeles (2024-present). “Synthetic Grass / Artificial Turf / Polyflouroalkyl Substances (PFAS) / Forever Chemicals / Health and Environmental Risks / Drought-Friendly Landscaping.” https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=24-0602 Item 1
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Synthetic turf is an impervious, or impermeable, surface, despite what the industry tells you.

The US EPA and the State of California are clear on this issue:62 “...areas such as gravel roads...that will be compacted through design or use to reduce their impermeability.” It further has defined impervious surfaces as…[a]ny surface that prevents or significantly impedes the infiltration of water into the underlying soil. This can include but is not limited to: roads, driveways, parking areas and other areas created using non porous material; buildings, rooftops, structures, artificial turf and compacted gravel or soil.”
“Pollutants from aerial and terrestrial sources accumulate on impervious surfaces until runoff from a precipitation event carries sediment, nutrients, metals, and pesticides into stormwater drains and directly to local water bodies. As impervious surfaces increase, stormwater runoff increases in quantity, speed, temperature, and pollutant load. When impervious surfaces reach 10–20% of local watershed area, surface runoff doubles and continues to increase until, at 100% impervious surface coverage, runoff is five times that of a forested watershed. Excessive stormwater runoff also increases the potential for flooding.” US EPA Impervious Surface Fact Sheet63
As impervious surfaces, accumulation of particulate matter, jet and leaded AVgas fuel from the multiple flight paths over Santa Monica bring even more need for concern. 63 US EPA (2020). “EnviroAtlas: Fact Sheet, Percent Impervious Area.” https://enviroatlas.epa.gov/enviroatlas/DataFactSheets/pdf/ESN/PercentImperviousArea.pdf 62 US EPA, MS4 General Permit Appendix A, Definitions, Abbreviations and Acronyms, https://www3.epa.gov/region1/npdes/stormwater/ma/2016fpd/appendix-a-2016-ma-sms4-gp.pdf Item 1
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Toxic runoff from synthetic turf contributes 27,000 gallons per one inch of rain per acre of plastic.64 It is abundantly clear that, given the amount of synthetic turf currently installed in Santa Monica’s parks alone, exclusive of schools, residential and commercial applications, that a massive amount of toxic runoff from synthetic fields is contaminating soil, surface, ground and, eventually, the city’s drinking water and even the ocean.

Based on Historic Belmont Park and Airport Park synthetic turf fields alone, and nearly 57 inches of rainfall at San Monica Airport since 2022, these fields have contributed 8,233,650 gallons of toxic runoff to surface and groundwater, and the ocean. The Memorial Park Project would likely more than triple this amount.

How much PFAS is running off of Santa Monica’s plastic grass playing fields?65 65 Peaslee, GF (27 Aug 2024), Slide deck presentation at DTSC: “Chemicals of Concern in Syntheit Turf.” Peaslee, GF. CA DTSC Aug 2024
64 Cotrone, V (undated). “The Role of Trees and Forests in Healthy Watersheds: Managing stormwater, reducing flooding, and improving water quality.” Penn State Extension. https://extension.psu.edu/the-role-of-trees-and-forests-in-healthy-watersheds Item 1
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Heat:

Synthetic turf readily reaches temperatures of 160-180F, regardless of infill type, and has been known to reach over 220F. At a surface temperature of 118°F, a first-degree thermal burn occurs in 15 minutes, becoming a 3rd degree burn (full skin-thickness) in 20 minutes; at a temperature of 140°F, 1st degree burns occur in 3 seconds, and 3rd degree burns in 5 seconds.66 Children have required admission to burn and intensive care units treatment of burns sustained on plastic playing surfaces.

An estimated 9,000 student athletes are treated for exertional heat illness each year.67 The reduced functional level created by heat from synthetic surfaces, even at reasonable ambient temperatures can contribute to injuries due to compromised functional level.

As the planet heats up, athletes are increasingly impacted by heat related illness by playing on synthetic surfaces. Deaths among high school football players from heat stroke doubled from 2015 to 2017 when compared to the 5 preceding years.68 Football players are eleven times more likely to suffer a heat related illness. Playing on synthetic turf is a contributing factor.

There is an increasing incidence of heat stroke amongst athletes. Mortality is high and if a child survives heat stroke, their risk for recurrence of heat illness is increased.69 As the body heats, it is susceptible to absorbing more chemicals. PFAS have been shown to be absorbable via the skin.70
A reduction in hours of use will be increasingly impacted by:
● Climate change- extreme heat and atmospheric river events ● AB 1653- Intercollegiate athletic programs emergency action plans: heat illness:
guidelines71
71 State of California (8 Oct 2023). “Assembly Bill No. 1653; CHAPTER 589. An act to amend Section 35179.4 of, and to add Section 35179.8 to, the Education Code, relating to interscholastic athletics.” https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1653 70 Ragnarsdóttir, O, Abou-Elwafa Abdallah, M, Harrad, S (June 2024). “Dermal bioavailability of perfluoroalkyl substances using in vitro 3D human skin equivalent models.” Environment International; 188; 108772.b https://www.sciencedirect.com/science/article/pii/S0160412024003581?via=ihub 69 UpToDate (2023). “Heat Stroke in Children.” Online subscription based reference for health care providers. https://www.uptodate.com/contents/heat-stroke-in-children 68 Wertheim, J (Oct 2022). “With Hotter Temperatures Come More Football Deaths. And Black high school players are disproportionately affected.” Sports Illustrated. https://www.si.com/high-school/2022/10/07/football-climate-change-daily-cover 67 Kerr, ZY, Casas, DJ, Marshall, SW, Comstock, RD (Jan 2013). “Epidemiology of exertional heat illness among U.S. high school athletes.” J. Preventive Medicine. pubmed.ncbi.nlm.nih.gov/23253644/
66 Moritz AR, Henriques FC Jr (1947). Original source. “Studies of thermal injury II: The relative importance of time and surface temperature in the causation of cutaneous burns.” Am J Pathol.; 23:
915-941.
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● CIF Rule72 - California Interscholastic Federation Rule on air quality/particulate matter Greenhouse Gas Emissions:

Cal. Code Regs. tit. 14 § 15064.4 (amendments effective 28 Dec 2018):

A good-faith effort, based to the extent possible on scientific and factual date, to describe, to:
(1) Quantify greenhouse gas emissions resulting from a project; and/or (2) Rely on a qualitative analysis or performance-based standards “…public agencies shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance.” “In determining the significance of a project’s greenhouse gas emissions, the lead agency should focus its analysis on the reasonably foreseeable incremental contribution of the project’s emissions to the effects of climate change. A project’s incremental contribution may be cumulatively considerable even if it appears relatively small compared to statewide, national or global emissions. The agency’s analysis should consider a timeframe that is appropriate for the project. The agency’s analysis also must reasonably reflect evolving scientific knowledge and state regulatory schemes.”
State Air Resources Board pursuant to Division 25.5
(commencing with Section 38500) of the Health and Safety Code. “To maximize public health, environmental, and employment benefits, the lead agency shall require measures that will reduce the emissions of greenhouse gas[s]es in the project area and in the neighboring communities of the baseball park. Not less than 50 percent of the greenhouse gas emissions reductions necessary to achieve the requirements of this clause, excluding the greenhouse gas emissions from residential uses of the project, shall be from local, direct greenhouse gas emissions reduction measures that give consideration to criteria air pollutant and toxic air contaminant emissions reductions, including, but not limited to, any of the following:
(I) Project design features or onsite reduction measures, or both design features and onsite reduction measures.
(II) Off-site reduction measures in the neighboring communities.” Senate Bill No. 32 = CHAPTER 249. An act to add Section 38566 to the Health and Safety Code, relating to greenhouse gas[s]es:73
SEC. 2. Section 38566 is added to the Health and Safety Code, to read:
73 California State Legislature (2016). “Senate Bill No. 32 = CHAPTER 249. An act to add Section 38566 to the Health and Safety Code, relating to greenhouse gas[s]es.” https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?search_phrase=4x8x16&bill_id=201520160SB 32 72 California Interscholastic Federation (Oct 2023). “CIF Sports Medicine Advisory Committee Statement on Air Quality and Sport Participation. https://www.cifstate.org/sports-medicine/aqi Item 1
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“In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.”
Synthetic turf off-gasses both methane and ethylene74,75 and continues day and night, in ever increasing amounts for the 1,000 years it takes for it to decompose.76 Methane traps 90% more heat than carbon dioxide and is 21 times more potent. Land based plastics produce 2 times more methane and 76 times more ethylene than plastics found in waterways and oceans.

The heat islands created by plastic turf playing fields are large enough to be visible from satellites circling our planet. Even if all synthetic turf were removed from Los Angeles today, methane would linger in the atmosphere for approximately 12 years, contributing to climate change and sea level rise for hundreds of years after pollutants have been cleared from the air.77
The Lawrence Berkeley National Laboratory released a report in April 2024 finding that the greenhouse emissions from plastics is four times those emitted by the aviation industry.78 78 Karali, N, Khanna, N, Shah, N (12 Apr 2024). “Climate Impact of Primary Plastic Production.” Lawrence Berkeley National Laboratory Publications.
https://escholarship.org/uc/item/12s624vf
77 National Oceanic and Atmospheric Administration. “Methane.” https://climate.nasa.gov/vital-signs/methane/?intent=121 76 Chamas, A, Moon, H, Zheng, J (3 Feb 2020). “Degradation Rates of Plastics in the Environment.” ACS Sustainable Chemistry & Engineering;(8)9.b
https://pubs.acs.org/doi/10.1021/acssuschemeng.9b06635
75 Royer, SJ (12 Nov 2018). Letter to Mayor M Bowser, Washington DC regarding synthetic turf.

Letter to Mayor M Bowser
74 Royer, SJ, Ferrón, S, Wilson, ST, Karl, DM (2018). “Production of Methane and Ethylene from Plastic in the Environment.” PlosOne 13(8): e0200574.
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Readily reaching temperatures of 160-180F, synthetic turf creates heat islands so large they extend into surrounding areas and are visible from satellites in space, ● Methane traps 90% more heat than carbon dioxide.79
● Methane is 21 times more potent than carbon dioxide.
● Land based plastics produce 2 times more methane and 76 times more ethylene than plastics in waterways and oceans.41
● GHG emissions of 527 tons of CO2e per ten-year use period per 7881m2 plastic field.80 Heat Island over Airport Park:
80 Magnusson, Simon, Mácsik, Josef (July 2017). “Analysis of Energy Use and Emissions of Greenhouse Gases, Metals and Organic Substances from Construction Materials Used for Artificial Turf.” Resources, Conservation and Recycling: (122), Pages 362-372. https://doi.org/10.1016/j.resconrec.2017.03. 79 Climate Reality Project (2020). “REPOWER AMERICA®: Methane Stinks: Why Natural Gas is Bad News For The Planet.”
https://www.climaterealityproject.org/blog/methane-stinks-why-natural-gas-bad-news-planet?_ga=2.52526 049.897177029.1647384251-251106713.1647384251
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Heat Islands over Santa Monica schools
Not Recyclable:

Less than 6% of plastics are recycled.81 Made of mixed plastics, synthetic turf is not recyclable, 81 Dell, J, Enck, J (May 2022). “The Real Truth about the US Plastic Recycling Rate.” Beyond Plastics. https://static1.squarespace.com/static/5eda91260bbb7e7a4bf528d8/t/62b2238152acae761414d698/1655 841666913/The-Real-Truth-about-the-US-Plastic-Recycling-Rate-2021-Facts-and-Figures-_5-4-22.pdf Item 1
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is a linear, not a circular product, and does not meet any definition of sustainability. The synthetic turf industry misrepresents its products when they make claims related to sustainability and environmental friendliness. It is not enough to use the vernacular of the day.

Circular products82 are “…those products that have reduced or completely no need for virgin resources and are designed with the end of their life in mind.” The United Nations defines sustainable development83 as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” The UCLA Sustainability Committee84 notes: “In simplest terms, sustainability is about our children and our grandchildren, and the world we will leave them”.

The Rutgers Center for Sustainable Materials85 definition:
“Sustainable materials are materials used throughout our consumer and industrial economy that can be produced in required volumes without depleting non-renewable resources and without disrupting the established steady-state equilibrium of the environment and key natural resource systems.”
The reality is, many landfills will not accept the massive amounts of plastic waste synthetic turf fields consist of. Removal of each regulation sized field would result in approximately 200 rolls weighing 2,000 pounds each, then transported 18 rolls per flat bed semi-truck to their disposal site. They are most often dumped on agricultural land or stored in warehouses and listed for resale to unsuspecting customers on Craigslist, Facebook Marketplace and other internet outlets. This is not recycling, but rather kicking the can down the road, leaving future generations to contend with the multiple long term human and environmental health effects from massive quantities of plastic waste.

We cannot stress strongly enough that there is NO independently verifiable “recycling” of synthetic turf anywhere. Again, claims are claims and do not constitute proof. 85 Rutgers University. “What are Sustainable Materials?” Department of Materials Science and Engineering, Center for Sustainable Materials. Accessed 26 Jan 2025. https://mse.rutgers.edu/center-sustainable-materials
84 UCLA Sustainability Committe, quoting UN World Commission on Environment and Development https://www.sustain.ucla.edu/what-is-sustainability/
83 United Nations (2024). “Sustainable Development Agenda: What is sustainable development?” https://www.un.org/sustainabledevelopment/development-agenda/#1b1981a30bdd8fde2 82 “What is a circular product?” Circular Tayside, United Kingdom. https://circulartayside.co.uk/what-is-a-circular-product-and-business-model/ Item 1
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San Martin, CA New Jersey Warehouse Pescadero, CA

Sacramento, CA Sherwood, OR
⬆️ Louisiana
Manufacturer TenCate’s “recycling” facilities
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California ⬇️
Under SB54-Allen (2022),86 “recycle” or “recycling” does not include any of the following:
● Combustion
● Incineration
● Energy generation
● Other forms of disposal
● Fuel production (except for anaerobic digestion of source separated organic materials) To be considered recycled, covered material shall be sent to a responsible end market.

Viable alternative:

As required under CEQA, Santa Monica may not choose synthetic turf when there is a feasible alternative that lessens environmental impacts, which was duly noted by theCalifornia Coastal Commission in 2023 when conditioning the baseball field at UC SantaBarbara for natural grass only.

Grass fields actively sequester carbon dioxide and provide a cooling function that is especially dramatic when compared to the heat generated by synthetic turf. Grass naturally filters toxins, performs important ecosystem-services for the soil beneath, and provides widely dispersed rainwater infiltration allowing absorption and recharging of the water table. Additionally:87 ● Research suggests that grasses can accumulate and deposit carbon into the soil by approximately one-half ton of carbon per acre per year for 30 to 40 years. ● Organic management and zero emission maintenance equipment mitigate emissions, reduce costs over time, and increase carbon sequestration. 87 The Lawn Institute. “Carbon Sequestration.” Accessed 2 Feb 2025. https://www.thelawninstitute.org/environmental-benefits/carbon-sequestration/ 86 Senate Bill No. 54: CHAPTER 75: An act to amend Section 41821.5 of, to add Chapter 3 (commencing with Section 42040) to Part 3 of Division 30 of, and to repeal Section 42064 of, the Public Resources Code, relating to solid waste.
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● Electric mowers for playing fields and chalk markers are available. ● Drought88 and desert tolerant89,90 varieties of natural grass appropriate for lawns, parks and high use playing fields are available.
● Grass fields support biodiversity, both above and below the ground.

Open green space has mental health benefits:

Natural green spaces have been shown to mitigate aggressive behavior in adolescents91 and significantly reduce the growing risk of psychiatric disorders92 and suicide mortality.93 Natural green spaces also reduce health risks such as asthma.94 The American Psychological Association95 finds:
“…exposure to nature has been linked to a host of benefits, including improved attention, lower stress, better mood, reduced risk of psychiatric disorders and even upticks in empathy and cooperation.”
95 Weir, K (1 Apr 2020). “Nurtured by nature: Psychological research is advancing our understanding of how time in nature can improve our mental health and sharpen our cognition.” American Psychological Association; Vol. 51, No. 3. https://www.apa.org/monitor/2020/04/nurtured-nature 94 Dong, Y, Liu, H, Zheng, T (13 Jan 2021). “The Impacts of Green Space Structure on Asthma in Toronto, Canada.” Med. Sci. Forum; 4(1), 6;
https://doi.org/10.3390/ECERPH-3-09123
93 Asri, A.K., Tsai, H.J., Wong, P.Y. et al (2022).
“Examining the Benefits of Greenness on Reducing Suicide Mortality Rate: A Global Ecological Study.” Frontiers in Public Health: Volume 10 | Article 902480. https://doi.org/10.3389/fpubh.2022.902480
92 Engeman, K., Pedersen, C.B., Arge, L., Svenning, J.C. et al (2019). “Residential Green Space in Childhood is Associated with Lower Risk of Psychiatric Disorders From Adolescence into Adulthood.” Proceedings of the National Academy of Sciences (PNAS.org) of the United States of America https://www.pnas.org/doi/10.1073/pnas.1807504116
91 Younan, D., Tuvblad, C., Lianfa, L. et al (2016). “Environmental Determinants of Aggression in Adolescents: Role of Urban Neighborhood Greenspace.” J Am Acad Child Adolesc Psychiatry; 55(7):591–601.
https://pubmed.ncbi.nlm.nih.gov/27343886/
90 University of Nevada, Reno. “Turfgrasses for Urban Mojave Desert Landscapes.” UNR Extension, College of Agriculture, Biotechnology & Natural Resources. https://extension.unr.edu/publication.aspx?PubID=3320
89 Baird, J (25 Nov 2024). “Drought-friendly UCR turfgrass is now on the market:The newly commercialized Coachella™ cultivar uses up to 65% less water than California's go-to choice for lawns.” University of California, Riverside; UCR News.
https://news.ucr.edu/articles/2024/11/25/drought-friendly-ucr-turfgrass-now-market 88 Los Angeles Times (9 Sep 2022). “Column: Has a UC Riverside researcher created the Holy Grail of drought-tolerant lawns?”
https://www.latimes.com/california/story/2022-09-09/uc-riverside-turfgrass-research-jim-baird Item 1
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Research96 on exposure to nature has shown associations with improved:
● Mental health
● Cognitive functioning
● Physical activity
● Sleep
● Blood pressure
● Cardiovascular health
96 Jimenez, MP, DeVille, NV, Elliott, EG et al (30 Apr 2021). “Associations between Nature Exposure and Health: A Review of the Evidence.” Int J Environ Res Public Health; 30;18(9):4790. https://pmc.ncbi.nlm.nih.gov/articles/PMC8125471/
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Hidden costs associated with synthetic turf:
● Annual GMax testing- ~$1,515. More frequently if it fails testing. A maximum result of 165 is the safety threshold advised by Sports Field Management Association, a professional association with a core mission being safety of athletes of all ages and abilities, from peewee to professional. 165 is also found in the Synthetic Turf Council STC) Glossary of Terms and Guidelines for Synthetic Turf Performance (when were Santa Monica’s plastic fields last tested for hardness?) ● Annual infill replenishment- 1.5 to 5 tons of chosen infill *plant based infill is generally 4.5 times more expensive than used tire crumb
● New maintenance equipment
● Maintenance agreement costs (required by FieldTurf warranty) ● Increased water to cool plastic surface to playable temperature. *Plastic fields readily reach 150ºF to 180ºF. No infill turf manufacturers recommend 2,000 gallons per 80k foot2 beginning 1-2 hrs. before play and repeat when temperature rises above that of natural grass (cooling effect only lasts approximately 20-50 minutes). Potable water is needed (recycled water has higher salt content, damages fibers, backing and infill). ● Cleaning solvents *failure to follow maintenance requirements can nullify warranty.

Most are approved for hard surfaces only and have negative human and environmental health affects.
● Pesticides, fungicides for weed, algae and moss eruption. Many recommended glyphosate. *weed eruption is common
● Projected removal, transportation and disposal costs *will most likely be hazardous waste landfills once under regulation and with PFOA and PFOS being declared hazardous. Santa Clara County staff reported a quote of $115k-$148k for a small field97; Fremont Union High School District is still paying off over $870k for removal and “recycling” of 6 fields in summer 2024; 6 more are planned.98 Plastic fields have needed replacement in as little as 1 to 4 yrs.
● Increased liability due to injuries, failure to disclose information regarding the toxicity to humans and the environment, and violations under the Federal Clean Water Act.

Synthetic turf is a gross misuse of taxpayer funds. It is also highly disturbing and unethical to not disclose all information to the public, particularly for a product which can negatively impact their children and the children of generations to come.

SHPFI urges you to not kick the can down the road. Should you choose to ignore the information presented here, once under regulation, you will force taxpayers to bear the costly consequences of removal, disposal and remediation of the soil prior to implementing natural grass playing fields in the future.

Its time for Santa Monica to get real!! REAL NATURAL GRASS, proper soil testing, installation and organic maintenance is the only way to protect residents and visitors to the city’s playing fields. Stop the taxpayer drain! Do what is right for current and future residents…protect our children and their grandchildren’s children from the toxic and cancer causing chemicals in and leaching from synthetic turf. Protect ground and drinking water, the bay and ocean from the toxic run-off from plastic fields. Stop the plastic waste and the microplastic pollution. Stop listening to the greenwashing by those who want to keep you returning for more of their plastic 98 Freemont Union HS District AT removal, disposal
97 Santa Clara County meeting packet 28 Jan 2025
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or otherwise benefit from incentives for installation of plastic fields every 8 to 10 years on average! Regulation is in process. So, too, will be legislation.

Respectfully submitted,
Diana Conway, President
Dianne Woelke MSN, Board Member
Safe Healthy Playing Fields, Inc.
https://www.safehealthyplayingfields.org
SHPFI is an all-volunteer nonprofit 501-c-3
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● Blood circulation – Children are less able to cool their body temperature by shunting their blood from their body core to their body surface due to lower cardiac output and smaller blood volume.
● Sweat production – Children produce less sweat per gland and sweat at higher body temperatures than adults.
● Fluid replenishment – Children are less likely to self-regulate hydration if unsupervised.

Children experiencing heat illness are most likely to present with significant neurological symptoms- from delirium, hallucinations, poor muscle control and unsteady gait, difficulty with speaking or unclear speech to seizures or coma. These symptoms may be readily confused with head trauma, epilepsy or drug overdose. Mortality is high and if a child survives heat stroke, their risk for recurrence of heat illness is increased.

Shade covers:

High density polyethylene (HDPE) shade sails, also known as Hypar sail72 are most often petrochemical based plastics, have a short life span (approximately 10 years, perhaps less in the coastal area). They are made from extruded plastics, and likely contain PFAS, particularly as they are often marketed as being waterproof. They are not recyclable. Even when made from green certified cloth, they, too, most often end up in landfills.73 SHPFI would recommend consideration of:
● Canopy trees
● Pavilion structures
● Pergola structures
● Solar structures
These structures provide more flexibility in design, creativity, and customization. Natural wood and unpainted steel structures decrease microplastic pollution as paint is plastic. Galvanized steel contains zinc, which leaches into soil, surface and groundwater, adds to toxic runoff, and poses a hazard to aquatic organisms.
73 Cloth shade sail https://sailshadeworld.us/recycle
72 HDPE shade sail Hypar shade sail
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Beware UV and Fire Resistant Materials:

UV stabilizers are commonly used in plastics. Outdoor products, such as synthetic turf74, pvc, rubber or other synthetic tiles and mats would be likely candidates for UV stabilizers as these plastics begin to degrade as soon as they are rolled out and exposed to UV radiation, heat, humidity, and friction from walking, running and play.75 As with PFAS and phthalates used in PVC and other plastics, these stabilizers are generally toxic and carcinogenic to humans, 72 aquatic organisms.76
Flame retardants are used widely in plastics. They are highly concerning and cause both human and environmental harm. They are toxic, endocrine disrupting chemicals and carcinogenic.77 They include such chemical classes as:
● Brominated flame retardants (BRFs)
Hexabromocyclododecane (HBCD)
Tetrabromobisphenol A (TBBPA)
● Organophosphate flame retardants (OPFRs)
● Polybrominated diphenyl ethers (PBDEs)
There are several flame retardants on the California Clean Water Act Proposition 65 List:37 ● Antimony trioxide
● Chlorinated tris [tris(1,3-dichloro-2-propyl) phosphate,TDCPP, and TDCIPP]
● Pentabromodiphenyl ether (PentaBDE) mixture [DE-71 (technical grade)] ● Tetrabromobisphenol A (TBBPA)
● Tris(2-chloroethyl) phosphate (TCEP)
Also on the Proposition 65 List, and released from PVC:
● 4-Chloroaniline
The California Department of Toxic Substances Control is currently reviewing UV stabilizers, flame retardants, colorants and more, that are used in synthetic turf. 77 International Pollution Elimination Network (IPEN), (2022). “UV-328 Communication on Recent Research.”
https://ipen.org/sites/default/files/documents/ipen-uv328-research-update-v1_2-en.pdf 76 Li, Y, Chen, L, Yang, H et al (1 Jan 2024). “Leaching of chemicals from microplastics: A review of chemical types, leaching mechanisms and influencing factors.” Science of The Total Environment; 906, 167666.
https://www.sciencedirect.com/science/article/abs/pii/S0048969723062939 75 Nzimande, MC, Mitbe, A, Tichapondwa, S et al (16 Apr 2024). “A Review of Weathering Studies in Plastics and Biocomposites—Effects on Mechanical Properties and Emissions of Volatile Organic Compounds (VOCs).” Polymers (Basel);16(8) 1103.
https://pmc.ncbi.nlm.nih.gov/articles/PMC11054226/
74 Awonaike, B, Lei, YD, Parajulee, A, Wania, F (1 Dec 2021). “Phase partitioning, transport and sources of Benzotriazole Ultraviolet Stabilizers during a runoff event.” Water Research X; (13),100115 https://www.sciencedirect.com/science/article/pii/S2589914721000281#:~:text=High%20levels%20of%20 UV328%20and%20UV234%20were,a%20sink%20than%20a%20source%20of%20BT%2DUVs Item 1
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Parents, grandparents and caretakers should not need a PhD in analytical chemistry to send children out to play. Santa Monica must act to protect both people and the environment from the toxicity of synthetic turf and motor vehicle tire products for playgrounds, pools, waterparks, landscaping and rubberized asphalt driveways…all places where people, particularly children, recreate.

Respectfully submitted,
Diana Conway, President
Dianne Woelke MSN, Board Member
Safe Healthy Playing Fields, Inc.
https://www.safehealthyplayingfields.org
SHPFI is an all-volunteer nonprofit 501-c-3
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1 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, March 24, 2025 10:04 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Restoring Funding to Our Fire Departments in LA and Santa Monica

EXTERNAL
Karen Bass of Los Angeles, and Lana Negrete of Santa Monica, are 2 mayors in LA County who signed an Emergency Declaration on Public Safety, and frequently travel outside their cities using Taxpayer funds. When will either figurehead pay more attention to public safety and refund millions taken away from their respective Fire Departments?
Insta
https://www.instagram.com/reel/DHkCi7HCTVI/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/8rhoQwW8RSA
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2 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, March 22, 2025 6:34 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: Thank You Santa Monica Police

EXTERNAL
Thank you Santa Monica Police for saving SGI - USA Santa Monica Pacific Peace Center at 6th & Wilshire Blvd. from a reckless act of vandalism and damage this week. Soka Gakkai International is one of Santa Monica's treasured houses of prayer.

Insta
https://www.instagram.com/reel/DHheUf_Cb3N/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/EbHw6JW1Y5k
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3 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, March 21, 2025 9:14 AM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: FRIDAY

EXTERNAL
Where's the oversight? It's time to re-evaluate how every dollar is spent given to Santa Monica by LA County, the state of California and the Federal government for homeless services and bogus shelters. Santa Monica, barely 8.3 square miles, is BROKE, but gives away about $50 million for homeless services and provides about $10 million of grants to nonprofits whose CEO's donate to the political campaigns of Councilmembers. The MAJOR benefactors of city funds are The People Concern and its CEO John Maceri, neither of whom have been able to account for over $1.4 MILLION the last two years. Costs and results are not quantified.

Insta
https://www.instagram.com/reel/DHd4SDci9fT/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/jH691_vMjXA
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1 Edgar Sernas
From: John Alle <[email protected]>
Sent: Wednesday, March 19, 2025 2:29 PM
To: The Santa Monica Coalition Organizer
Cc: John Alle
Subject: PARKS

EXTERNAL
'Watch your step' has taken on new meaning in the parks of LA County's 88 cities. County and City leaders say it's less expensive to watch and allow 5 -10 addicts a day to overdose and die than it is to place them in treatment centers. When was the last time Barbara Ferrer or the CEO's of Venice Family Clinic, The People Concern and Clare Matrix, to name a few, stepped into a park? The problem grows as do the monetary profits for the "homeless" industry and kickbacks.

Insta
https://www.instagram.com/reel/DHY1bxFCNSC/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/8icwaG616zk
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1 Edgar Sernas
From: Lisa L Olson <[email protected]>
Sent: Wednesday, March 19, 2025 3:46 PM
To: Teague Weybright; Rick Valte; Shannon Parry; FRANKIE LOU THORN; Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; councilmtgitems
Subject: My garden plot and others being shaded AND MORE OF THE same old problems…..

EXTERNAL
Dear City Council members: Current garden rules are NOT being enforced on a regular basis since the beginning of the current garden management several years ago. We currently have 600- 700 people waiting for a plot on the waitlist. I feel very blessed to have my garden plot and am doing my best to utilize it. Lisa L Olson 310-625-7117
Teague,
As you know my garden plot along with several others are in the dark all winter because a protected oak tree the city stopped maintaining is shading our plots ALL WINTER.

That said, I have a short growing period of about 6-7 months. The only thing that I can grow in winter are lettuces.

The neighbors passion fruit vine is now after almost one year of growing is darkening my plot in the afternoon.

Teague, I need all the sun I can get to grow my food AND I ENJOY or USED TO ENJOY watching the sun set in my garden and now my garden has 30% or more in the dark from the shading of this unmaintained passion fruit vine. While current garden rules state “no fences” you have allowed these neighbors to plant something that is like a16’ long fence and messy! I need my summer sun and I am asking to relocate this Passion fruit vine to the center of their plot so it quits shading my plot and others.

I am tired of policing this vine and it is messy and invasive and requires constant care that neighbor gardeners are not doing. The fruit falling onto my side is attracting rodents.

The vine gets 3 feet to 5 feet wide and is planted maybe 12” to 14” from my plot. On Main Street gardens when someone relinquishes their plot IF THEIR PLOT HAD A PASSION FRUIT VINE YOU ARE RIPPING IT OUT AND REMOVING THE PLANT!
What do I need to do to get this handled?
I am told by my doctors to garden for my health but every time I go to my garden I have a mess from this vine to deal with. To say I am stressed, angry and upset is an understatement! Item 1
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2 Tell me who I can speak with or what I can do? I am a senior being bullied by neighboring gardeners who do not follow the current garden rules and for all the times I have reported them if violations were being given out in a timely manner these gardeners would have had to forfeit their plot.

You also allowed these same gardeners for maybe two years to keep this plot as they were not “actively gardening” which is supposed to require being serving timely violations every 3 weeks until comply or forfeit plot. I have dated photos and witnesses to attest to this.

What options are open to me to get this messy vine moved away from being 14” from my garden? Your assistant buddy friend—“Tom" who you found for the gardeners who were not actively gardening moved the entire nailed down border on my side to accommodate stepping stones while damaging the weed barrier I spent at least 10 hours installing. My garden is now narrower AND Tom damaged my weed cloth when he pulled up the divider AND I now have weeds many weeds coming up that were previously covered and held down by my weed barrier that was anchored down with weed fabric staples IN PLACE! TOM damaged my entire side and you gave no violation when rules state gardeners cannot go into neighboring plots without permission. He entered and damaged my plot and I have to fix it and as an almost 73 year old this doesn’t seem fair!
Sincerely,
Lisa L Olson, PDN
Photo below shows all the weeds on their side of barrier, it shows the vine growing into my plot, it shows how the vine is darkening my plot. You can see the divider that was moved to accommodate stepping stones. You can see how big and looming like a fence along the 16’ feet or so of side barrier! Item 1
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3 Above see nailed down border that was removed to put stepping stone down making my garden smaller.

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4 Sent from my iPad
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1 Edgar Sernas
From: Yuri Bukhman <[email protected]>
Sent: Tuesday, March 18, 2025 2:27 PM
To: Customer Care; Caroline Torosis; Christine Parra; Clerk Mailbox; councilmtgitems; [email protected]; Customer Service Inbox; Sparkletts; Sparkletts; Yuri Bukhman; Yuri Bukhman; Michelle Bukhman; Alex Bukhman; Fanya Bukhman; Veronika Bukhman
Subject: Sparkletts account number 944868722261265
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Attention: Customer Service & Support Top Administration!!! ******************************
•
• You had failed to Deliver the Well Promised Water delivery Again!!!!!!! 눧눨눩눪눫눦눬눭늄늅늆늇늈늁늂늃 • Also, we need you to pickup the 12 empty 5-gallon bottles from us!!!!! 눧눨눩눪눫눦눬눭늄늅늆늇늈늁늂늃 • Your quality of the service is terrible and Not Acceptable for America 🇺🇸 and our Santa Monica City Council!!! - I/We had contacted you so many times!!! - This is a sensitive health care related matter for Two Gravely Disabled Elderly People!!!!!!!!! 눧눨눩눪눫눦눬눭늄늅늆늇늈늁늂늃
• We need your support & a reasonable Services Now!!! 눧눨눩눪눫눦눬눭 •
• We expect your assistance and your response Immediately, As Soon As Possible!!!!!! 눧눨눩눪눫눦눬눭늄늅늆늇늈늁늂늃 •
Sincerely with very strong intentions,
Fanya, Alex, Yuri Bukhman and our entire Family!!!!
- The Serviced Address:
3100 Neilson Way, Unit-314
Santa Monica, CA 90405
Contact:
323.854.4440
310.392.7505
email:
[email protected]
or
[email protected]
From: Customer Service <[email protected]> Date: February 23, 2023 at 7:38:53 AM PST
To: Yuri Bukhman <[email protected]>
Subject: Sparkletts account number 944868722261265
Dear Yuri Bukhman,
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2 Thank you for contacting us via email regarding your delivery of water. We apologize for any inconvenience that you may have experienced.

We have notified your Route Sales Representative and on February 27th, 2023, he will deliver (3) three Sparkletts 5G Crystal Fresh Drinking Water. If more or less water is needed, please leave a delivery note or inform your Route Sales Representative when he arrives.

If you need further assistance please visit us at www.water.com, email us at [email protected] or contact us at 800-492-8377. Our Customer Care Agents are available Monday through Friday 8:00 a.m. – 9:00 p.m. EST As part of our ongoing efforts to provide a world-class customer experience, we’ve added a new brand to our flavored water Portfolio.

Let us interest you in a case of KARMA water for the introductory price of $25.99 -2

BILLION PROBIOTIC CULTURES
+ 100% 6 ESSENTIAL VITAMINS our ingredients are vegan and gluten-free.

Karma Probiotic Water delivers more than 10x the active cultures than yogurt. Please let us know if you are interested in adding this to your delivery Sincerely,
Diana, Customer Care Associate
Primo Water North America
Customer Care Center
Office (800) 492-8377
[email protected]
From: Yuri Bukhman <[email protected]>
Sent: Tuesday, February 21, 2023 12:12 AM
To: Customer Care <reply-fe64157677670c7d7117-822_HTML-924461185-1057339- [email protected]>
Cc: Yuri Bukhman <[email protected]>; Customer Service <[email protected]>; Customer Service <[email protected]>; Sparkletts <[email protected]> Subject: Re: Last chance to update your order!

Dear Customer Service!
…the 5-gal. bottles water delivery was not made… 솓솔솕쇔솖솗솘쇕쇖솙솚솛솜솝솞솟솠송솢솣쇗솤 Item 1
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3 • my disabled elderly mother & disabled brother were waiting for the delivery today, per your set schedule.

Please respond!
Yuri, Fanya, Alex Bukhman
323.854.4440
[email protected]
3100 Neilson Way# 314
Santa Monica, CA 90405
Sent from my iPhone
On Feb 16, 2023, at 8:04 AM, Sparkletts <[email protected]> wrote:

Need any change s? Now’s the time.

View in Browser
It’s almost time
Your order is being prepared for delivery on
Monday, Feb 20, 2023.

Please review and update your order by 3:00
pm on Sunday, Feb 19, 2023.

If you have empty bottles, remember to
leave them out for pick-up!
<~WRD0000.jpg>
<~WRD0000.jpg>
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4 Your delivery address
3100 NEILSON WAY 314
SANTA MONICA, CA 90405
<~WRD0000.jpg> <~WRD0000.jpg> <~WRD0000.jpg>
Now is the time to add to your order.

We are here to serve you. We offer a wide selection of products including sparkling water, both flavored and unflavored, coffee Kcup® pods, and much more. Check your delivery order and add what is needed today! Thank you for your loyalty and trust in us as your service provider. <~WRD0000.jpg>
On-the-go convenience
<~WRD0000.jpg>
K-Cup® pods
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5 <~WRD0000.jpg>
Premium Refreshment
<~WRD0000.jpg>
Straight from the source
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Still have
Questions?
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This transaction email has been sent to you as a part of your recurring delivery service with Sparkletts.

If you need help or would like to contact us, please call 800-728-5634 or visit our customer portal at https://www.sparkletts.com/myaccount
Primo Water North America
1150 Assembly Drive Suite 800
Tampa, FL 33607
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6 CONFIDENTIALITY NOTICE: This e-mail may contain privileged or confidential information and is for the sole use of the intended recipient(s). If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you
©2023 DS Services of America, Inc., dba Primo Water North America <~WRD0000.jpg>
CONFIDENTIALITY NOTICE: This e-mail may contain privileged or confidential information and is for the sole use of the intended recipient(s). If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful. If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you Item 1
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From: Zoe
To: LUCY F STONE; [email protected]
Cc: Christian Tago; Halima Barreto; councilmtgitems; Lana Negrete; Douglas Sloan; Josh Kurpies; [email protected]; Ramon Batista; David Gardinier; Darrick Jacob; Caroline Torosis; Jesse Zwick; Ellis Raskin; Natalya Zernitskaya; Barry Snell; Dan Hall; Clerk Mailbox; Susan Cline; Elaine Polachek Subject: Re: 25STRO01187 Notice of Ex-Parte Application & Copy of the Returned TRO Date: Thursday, March 20, 2025 11:33:03 AM

EXTERNAL
Ms. Stone,
I beg your pardon, I do not recall including you in my email. The email is not for you, the email is for Sean Besser and the Board of the Ocean Park Neighborhood Association.

As a resident of the Ocean Park Neighborhood, I am allowed to send emails to the public address of the organization that receives public funds from the City of Santa Monica. I am including the Chief of the Santa Monica Police along with its Deputy Chief, The Santa Monica City Manager and the Santa Monica City Attorney in this email so they can help you understand how transparency and ethical use of funds by neighborhood associations work.

I do remember you were one of the attendees at the May 5, 2024 Compassionate Santa Monica event hosted at Gooseegg Park last Spring. Long time since I saw you for the last time, I do not understand the hostility of your email, I have been very welcoming, hospitable, and nice to you. Perhaps you were sent to the event as an informant to see the way we managed to bring to the attention of the Santa Monica Social Justice and DEI Department our findings through the City Wide Equity Plan. It seems ironic to me that you voluntarily attended an event that supports the work of the Santa Monica Citywide Equity and a year later chose to write to me with hostility.

You should understand that in today's political climate, a Caucasian woman (you) speaking to a woman of color (me), should consider elements of cultural competence.

Training and resources are available online to express yourself with more dignity and respect. As a Board member from OPA you represent a Neighborhood, not just yourself. be kind, it does not cost you anything.

Last week, the Executive Director of The Charter for Compassion sent me an email in reference to a "group" that contacted her to ask that Santa Monica Chapter be removed from the website of the Charter for Compassion. Please note that Compassionate Santa Monica was born from a September 23, 2013 presentation that brought a unanimous vote authorizing the City Manager to sign the Charter for Compassion. No "organization" can go behind to cancel an official vote of the Santa Monica City Council.

I request that the Santa Monica City Clerk includes this email as part of next week's City Council Meeting.

Have a blessed weekend.

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Attachment: Written Comments (7007 : Written Comments)
On Thu, Mar 20, 2025 at 11:01 AM LUCY F STONE <[email protected]> wrote:

PLEASE...

DO NOT send me any more emails.

Thank you.

Lucy Frances Stone
On Thu, Mar 20, 2025, 10:51 AM Zoe <[email protected]> wrote:

Please take notice that on March 21, 2025 at 8:30 AM or soon after that as the matter can be heard, in Department 65 Room 302 of the Metropolitan Courthouse, located at 1945 South Hill Street, Los Angeles, CA 90007, Defendant Zoë Muntaner will and does move the Court by an Ex Parte Application for Notice of Motion and Motion to Dismiss and Terminate the (meritless) Request for Civil Harassment Restraining Orders, to the first available hearing date or in the alternative shortening time for the hearing.

Furthermore I am including a copy of the Civil Harassment Restraining Orders papers served to you by LASD Deputy Sheriff Ramirez at the Courtroom yesterday. The documents were received by you and later returned after more than 230 minutes in your possession;that is not an option after receiving, reading, evaluating and keeping court documents. The LASD have been informed.

Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized redisclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer. --
Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized redisclosure or failure to maintain confidentiality may subject Item 1
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Item 1
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Attachment: Written Comments (7007 : Written Comments)
you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

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1 Edgar Sernas
From: Kat <[email protected]>
Sent: Tuesday, March 18, 2025 11:04 AM
To: councilmtgitems
Subject: VOTE YES ON AGENDA ITEM 16L: EBONY BEACH CLUB

EXTERNAL
Dear Santa Monica City Council,
I write to you as a Santa Monica resident/ concerned community member,
urging you to vote YES on the Ebony Beach Club and Silas White resolution (item 16L) on March 19th, 2024. The injustice Silas White endured over 60 years ago must be repaired sooner rather than later.

It is crucial that the City Council not only bear witness to the White family cause but take action to repair the harm. Particularly in an election year, it is interesting to see how elected officials engage with the issues their constituents truly care about. Does your Black constituency matter?
In the past few years, Santa Monica has attempted to rectify the devastating harm it wrought on its Black community. However, its no secret that its attempts to repair are incongruous with the magnitude of devastation it intentionally inflicted.

In 2022, you apologized for ‘targeting communities of color for condemnation’ and vowed to ‘rectify the lingering consequences of discriminatory city policies’. What specific, measurable, and relevant actions will you take to support these words? The lingering consequences are material, so plaques and art exhibits will not suffice.

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Attachment: Written Comments (7007 : Written Comments)
2 I implore you to vote YES on the issue of ‘Ebony Beach Club Restitution’ to your upcoming meeting agenda, particularly Mayor Pro Tem Lana Negrete who gave a verbal agreement to back the restitution claim. Silas White’s daughter, Connie, deserves to see repair in her lifetime.

Thank you,
Kathleen Yore
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City Council
Report
City Council Meeting: March 25, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Arts Month
Prepared By: Kennisha Williams, Customer Services Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: March 25, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Trans Day of Visibility
Prepared By: Kennisha Williams, Customer Services Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: March 25, 2025
Agenda Item: 4.A
1 of 3
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Finance & Administrative Services
Subject: Adoption of a Resolution Authorizing Execution of CalTrans Master Service Agreement
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines

2. Adopt the attached resolution authorizing the execution of the Transit and Intercity Rail Capital Program (TIRCP) Master Agreement and Program Supplements for the State-funded projects.

Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), operates 194 transit buses across 69 square miles of greater Los Angeles providing more than 800,000 rides each month. BBB is committed to clean energy and has begun the process of converting its fleet to zero-emission battery-electric vehicles.

As part of this transition, BBB is requesting that City Council adopt a resolution authorizing the City Manager to execute a Master Agreement and Program Supplements for funds from the California State Transportation Agency. A resolution is required for BBB to receive funds through the Transit and Intercity Rail Capital Program (TIRCP) for the purchase of zero-emission buses and the construction of BBB’s electrical infrastructure.

Discussion

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In October 2024, the California State Transportation Agency (CalSTA) announced that BBB had been awarded a $53,280,857 grant for the construction of BBB’s electrical infrastructure and the purchase of zero-emission battery-electric transit vehicles through the TIRCP. TIRCP funding is provided through Senate Bill 1 (SB1) and generated from proceeds of the State’s Cap and Trade program. The program provides major benefits towards meeting the State’s climate and air quality goals, with a total reduction of more than 32 million tons of greenhouse gas emissions annually.

Through investments that support a transition to cleaner technology and providing efficient and reliable service along corridors serving disadvantaged and low-income communities, BBB will move closer to its goal of a 100% zero-emissions transit fleet by 2030.

The electrical infrastructure and new battery-electric buses will enable BBB to complement existing service and continue providing critical first-last mile connectivity to Metro rail stations throughout the Westside of Los Angeles.

Adoption of this resolution would satisfy the State’s requirement for disbursement of the grant funds.

Environmental Review
This resolution to receive funds is categorically exempt from 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.” It can be seen with certainty that the resolution would not be result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Past Council Actions
Meeting Date Description
04/23/2019
(attachment A)
Adoption of Big Blue Bus Resolution for State Transit Funds 1/10/2023
(attachment B)
Adoption of Resolution Authorizing the City Manager to
Apply for and Execute Related Grant Agreements, and
Receive and File Short Range Transit Plan
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the

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recommended action. Appropriations associated with these funds will be included in the Capital Improvement Program during the next biennial process.

Prepared By: Enny Chung, Sr. Admin Analyst - Grants
Approved Forwarded to Council
Attachments:

A. Attachment A: Adoption of Big Blue Bus Resolution for State Transit Funds (Web Link)
B. Attachment B: Resolution Adoption Authorizing City Manager to Apply & Execute Grant Agreements (Web Link)
C. TIRCP Resolution_3.25.25

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1 City Council Meeting: March 25, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO

DESIGNATE THE DIRECTOR OF TRANSPORTATION TO NEGOTIATE AND

EXECUTE A MASTER AGREEMENT AND PROGRAM SUPPLEMENTS

FOR STATE-FUNDED TRANSIT PROJECTS
WHEREAS, the City of Santa Monica’s Big Blue Bus may receive state funding from the California Department of Transportation (Department) now or sometime in the future for transit projects; and
WHEREAS, substantial revisions were made to the programming and funding process for the transportation projects programmed in the Transit and Intercity Rail Capital Program, by Chapter 36 (SB 862) of the Statutes of 2014; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and
WHEREAS, the Department utilizes Master Agreements for State-Funded Transit Projects, along with associated Program Supplements, for the purpose of administering and reimbursing state transit funds to local agencies; and WHEREAS, the City of Santa Monica’s Big Blue Bus wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager and the Director of Transportation.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Santa Monica that the fund recipient agrees to comply with all conditions and requirements set forth in this agreement and applicable statutes, regulations and guidelines for all statefunded transit projects.

NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager designate the Director of Transportation to be authorized to execute the Master Agreement, all Award Agreements, and all Program Supplements for State-Funded Transit Projects and any Amendments thereto with the California Department of Transportation.

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Attachment: TIRCP Resolution_3.25.25 (6875 : Adoption of Big Blue Bus Resolution for State Transit Funds) 2 SECTION 1. The City Council of the Cit of Santa Monica authorizes the City Manager to designate the Director of Transportation to negotiate and to execute a master agreement and all related documents with the California State Transportation Agency to accept a grant in the amount of $53,280,857 for the purchase of zero-emission batteryelectric buses and the construction of electrical infrastructure.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
City Attorney

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Report
City Council Meeting: March 25, 2025
Agenda Item: 4.B
1 of 5
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of First Modification of Agreement #4623 with the City of Glendale - Verdugo Regional Crime Laboratory for Laboratory Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a 5-year extension to the City’s current agreement (#4623) with the City of Glendale and its Verdugo Regional Crime Lab in the amount of $150,000 for crime investigation laboratory services on behalf of the Santa Monica Police Department. The amended agreement will have a new total amount not to exceed of $250,000 with future year funding contingent on Council budget approval.

Summary
The investigation of a crime scene is a highly specialized function. Successful identification and collection of evidence, especially trace and biological evidence, is of paramount importance in successfully solving crimes. After the completion of a crime scene investigation, the focus shifts to the critical phase of evidence processing, where collected materials are analyzed to uncover key insights that aid in the pursuit of justice.

The Verdugo Regional Crime Laboratory does this efficiently with a quick turnaround and provides expert testimony during court proceedings. City staff recommends that the Council approve $150,000 in additional contract authority for this agreement and authorize the City Manager to negotiate and execute an extension of the agreement for an additional 5-years for a total 10 years.

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Discussion
Timely evidence processing is a critical component of effective police work, ensuring the integrity and reliability of investigations. Physical evidence can degrade, become contaminated, or be rendered unusable if not handled promptly. Rapid forensic analysis aids in suspect identification, exonerates innocent individuals, and strengthens criminal cases. Swift evidence processing also helps law enforcement prevent further crimes and protect potential victims. Delays can result in wrongful convictions, dismissed cases, or lost investigative leads. Additionally, courts require evidence to be presented within a reasonable time frame, and failure to do so can lead to inadmissibility. Efficient evidence handling upholds professionalism and reinforces public trust in the justice system, ensuring that justice is delivered fairly and expeditiously.

The Santa Monica Police Department (“SMPD”) maintains an in-house lab where staff examines, chemically processes, and collects latent, physical, and biological samples from evidence items. SMPD’s lab, however, is not equipped to process evidence for DNA or firearm examination. Generally, the Los Angeles County Sheriff’s Department Crime Lab is used by LA County agencies to analyze biological evidence including all DNA samples and firearm testing. Due to staffing shortages and increased workloads at the Los Angeles County Sheriff’s Department Crime Laboratory, the wait time for requests can be several months, or even years, to process evidence.

To circumvent the issue of timely evidence processing, SMPD entered into a five-year agreement with Verdugo Regional Crime Laboratory in February 2020, for crime laboratory services.. The Verdugo Regional Crime Laboratory (“VRCL”),located at the City of Glendale Police Department, provides efficient, accredited, and high-quality forensic analysis of evidence samples and has been instrumental in several successful investigations.

An example of this occurred in 2022, when SMPD responded to a homicide investigation in Beach Parking Lot 1 North located at 1550 Pacific Coast Highway. A victim was located inside a vehicle with several stab wounds and no suspect information. There were no witnesses to the crime and no videos to assist in the investigation. SMPD forensic technicians collected various blood samples from the crime scene. The DNA samples were sent to VRCL and within a week, detectives knew the identity of a potential suspect living in Dearborn, Michigan. After the homicide, the

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suspect went back to Dearborn to try and avoid detention. The suspect was arrested and eventually tried in LA County Superior Court. A VRCL expert responded to Court and gave an in-depth testimony on how the DNA samples were recovered and tested to the jury. The jury returned with a guilty verdict and SMPD personnel strongly believe it was due to the evidence and testimony of the Verdugo Regional Crime Lab.

The VRCL is the only crime lab in the region able to provide expedited testing and is able to test body fluids, DNA testing, and computer forensic examinations. The Council’s approval of the recommended extension of the City’s agreement with VRCL will allow SMPD to continue to have access to these expedited laboratory services and will aid in the following:

1. Advanced Forensic Technology
• The lab is equipped with modern forensic tools, such as rapid DNA testing, digital forensics, and automated fingerprint analysis • Access to state-of-the-art equipment which improves accuracy and reliability in investigations

2. Stronger investigations & Court Cases
• Quick forensic results mean detectives get actionable intelligence sooner, increasing the likelihood of making arrests
• Properly process forensic evidence which strengthens prosecutions, leading to more convictions and fewer cases dismissed due to delays.

3. Support for Multiple Jurisdictions
• VRCL serves multiple police departments in Southern California, fostering regional collaboration
• Shared resources improve overall public safety, as agencies can connect cases across different cities

4. Assistance in High-Profile Cold Cases
• The lab can reanalyze old evidence in cold cases, using modern techniques like enhanced DNA extraction to find new leads • It plays a key role in solving serious crimes like homicides, sexual assaults, and missing person cases

5. Reducing Crime Through Rapid DNA Matches

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• VRCL connects DNA samples to state and national databases (CODIS), helping to identify repeat offenders
• Faster DNA results mean suspects can be identified and arrested before committing more crimes
Environmental Review
The proposed agreement is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption which states that CEQA does not apply, “where it can e seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement would not result in any adverse physical environmental effects as it would continue existing laboratory services. Therefore, the agreement is exempt from CEQA and no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Citizens’ Option for Public Safety Fund to increase the amount of the agreement with City of Glendale – Verdugo Regional Crime Laboratory for laboratory services.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2024-25
Modified Request
Amount
Future Years
Amount
Dept Account # Total Revised
Contract
Amount
4623 $100,000 $30,000 $120,000 22180001.525260 $250,000 Future year funding contingent on Council budget approval

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Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Contract - City of Glendale (Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab)

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Attachment: Contract - City of Glendale (Verdugo Crime Lab) (6915 : 1st Mod with Verdugo Crime Lab) City Council
Report
City Council Meeting: March 25, 2025
Agenda Item: 4.C
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Authorization to Accept the 2024 Justice Assistance Grant for Implementation of the JAG Project to Impact Crime and Keep Neighborhoods Safe
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;

2. Authorize the City Manager to accept a grant award in the amount $44,021 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant for implementation of the JAG 2024 Project to Impact Crime and Keep Neighborhoods Safe in the Police Department, and to accept all grant renewals;

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

4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of the report (requires 5 votes).

Summary
To reduce crime and keep neighborhoods safe, the Santa Monica Police Department (“SMPD”) utilizes a variety of public safety and quality of life strategies, including the use of focused operations that are supported by both sworn officers and civilian staff.

To prevent a reduction in routine service responses and to maintain the quality of regular service, these supplemental crime impact operations are staffed using personnel on overtime. To supplement funding for overtime costs to support these activities, the SMPD has been awarded a grant in the amount of $44,021, under the

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2024 Edward Byrne Memorial Justice Assistance Grant Program (JAG), which is administered by the U.S. Department of Justice (DOJ).

Discussion
The JAG program is a formula grant that provides funding to support a range of program areas including law enforcement. Formula allocations are awarded by the DOJ to each State and then to local jurisdictions based on population and crime statistics.

Santa Monica has been an annual recipient of varying amounts of Justice Department grants for the past fourteen years. Past projects supported by this funding have included interoperable communications equipment, funding of overtime for crime control operations, funding for certified crime lab services, and funding for DNA forensic testing.

The Santa Monica Police Department plans to leverage these funds to conduct overtime operations for special details and to support the upcoming Real Time Crime Center (RTCC). Once the RTCC is fully operational, the JAG funds will be utilized to provide supplemental staffing for the RTCC as well as fund overtime operations to target top priority areas. Without the additional JAG funds, the opportunity to conduct focused operations targeting specific issues and concerns is reduced. These strategies meet unfunded needs and will serve to improve quality of life by reducing area crime and social disorder.

Environmental Review
The acceptance of the grant and use of grant funding is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The grant covered by the commonsense exemption 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 grant will support the Police Department operations and functions providing funding for overtime costs. Therefore it can be seen with certainty that the proposed modification would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Past Council Actions

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Meeting Date Description
04/11/23 (attachment
A)
Fiscal Year 2022-23 Midyear Budget – Authorize City
Manager to Accept a JAG 2022 Grant Award
12/12/23 (attachment
B)
Authorize City Manager to Accept a JAG 2023 Grant Award Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the Edward Byrne Memorial Justice Assistance Grant Program (JAG), which is administered by the U.S. Department of Justice.

Approval of the recommended action requires the following budget amendment.

FY 2024-25 Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20180001.40426H $44,021 20180001.55547H $44,021
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. FY2022-23 Midyear Budget (Web Link)
B. JAG 2023 Grant (Web Link)

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City Council
Report
City Council Meeting: March 25, 2025
Agenda Item: 4.D
1 of 6
To: Mayor and City Council
From: Heather Averick, Director, Housing and Human Services Department Subject: Authorize the City Manager to Complete Negotiations for an Amended and Restated Grant Deed and Option to Purchase Property for Ocean Park Villas Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to complete negotiations for an amended and restated Grant Deed and Option to Purchase property located at 2019 and 2219 Fifth Street (Ocean Park Villas) based upon a 58-42 split of the surplus cash flow with an upfront payment to the City of $250,000; and

2. Adopt a finding that the action to approve the amended and restated Grant Deed and Option to Purchase is exempt from CEQA pursuant to CEQA Guidelines sections 15301, 15326, and 15061(b)(3).

Executive Summary
The City conveyed the land at 2019 and 2219 Fifth Street to the owner, Ocean Park Villas, L.P. (Owner), in 1982 for development of affordable housing. After conveyance of the land, the owner obtained (i) a 30-year U.S. Department of Housing and Urban Development (HUD) mortgage to construct the housing and (ii) a Project-Based Section 8 rental subsidy in the form of a Housing Assistance Payment (HAP) contract with HUD. The property consists of two 12-unit apartment complexes occupied by lowincome seniors. Per the Grant Deed, the City has the option to purchase the property from the owner for $1,557,000 beginning on May 1, 2025. The owner presented a proposal to maintain its ownership while sharing cash flow with the City. After Council directed staff in closed session to exercise the purchase option, the owner presented an updated proposal. On February 25, 2025, following due diligence by staff on the updated proposal, Council provided direction to authorize the City Manager to execute

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an amended and restated Grant Deed and Option to Purchase based upon a 58-42 split of the surplus cash flow, with the split in favor of the City, and with an upfront payment to the City of $250,000.

Background
Ocean Park Villas consists of two noncontiguous, 12-unit multifamily rental buildings in the Ocean Park neighborhood. Under the terms of the Land Sale Agreement (Attachment A) and Grant Deed (Attachment B), the City now has the option to purchase the property back from the owner for $1,557,000 (the amount of the owner’s original HUD mortgage). Under the Third Amendment to Grant Deed (Attachment C), the City has 90 days to exercise its purchase option beginning on May 1, 2025. If the City does not exercise the option, the owner has the right to purchase the property in the amount of the fair market value of the land minus the original purchase price. If the owner does not purchase the property, then the City has a right to reenter and take title to the property (including land and improvements).

Across the two properties, all 24 units are currently occupied. The tenants pay no more than 30% of their income towards rent. The difference between what tenants can afford to pay in rent and the market-rate rent amount is paid for by HUD under the HAP contract between the owner and HUD, which provides significant cash flow to the owner. The HUD contract is in effect until 2043. To date, the owner has received all proceeds from the rental income produced under the HUD contract, and the City has not participated in the cash flow generated by the property. The owner has paid off the HUD mortgage and there are no liens on the property.

Overall, the property is in good condition; however, the property is over 40 years old and will likely require capital repairs during the current term of the HAP contract. Both the owner and the City have commissioned third-party inspections to identify necessary repairs as well as capital improvements needed to extend the long-term life of the buildings. Based on the reports, the City estimates there are approximately $900,000 in repairs needed.

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Initially, the owner proposed extending the purchase option for 20 years with a new profit-sharing arrangement with the City of a 50-50 split of cash flow with the City after operating expenses, reserve deposits, and capital repairs, which would yield a total distribution of approximately $8 million to the City over 20 years, as well as the following:
• A higher share of net cash flow to the owner, and a lower distribution to the City, in earlier years to allow for the owner to receive its preferred return after expenses, reserves, and capital repairs.
• Making repairs identified in the property inspection report the owner commissioned during Years 1-4, to be funded through cash flow from the property. The owner has not included estimates for in-unit repairs identified by the City's third-party inspection.
• A minimum annual distribution to the owner (after all expenses, reserves, and capital repairs) of $293,020 in Year 1, and $430,000 beginning in Year 2 (owner’s Preferred Return). For the first few years, this minimum distribution to the owner would leave very little excess cash for the City.
• A 3.39% property management fee, which is consistent with recent years, allowed by HUD, and considered industry standard.
• A $27,000 asset management fee per year.

The owner’s proposal was considered at the August 27, 2024, closed session and City Council directed City staff to exercise the purchase option on the property. After the closed session direction, the owner provided an updated proposal, which required additional due diligence.

Discussion
Owner’s updated proposal
The owner would like to continue owning and managing the property for an additional 20-year term, and the City would extend its existing purchase option and grant deed by 20 years with a new profit-sharing arrangement benefiting the City. The owner’s updated proposal included two options: one in which the City receives 58% of net cash

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flow each year plus an upfront payment of $250,000; and another in which the City would receive 60% of net cash flow with no upfront payment. For both options, the owner removed its preferred return of $430,000 per year and its annual $27,000 asset management fee.

City’s Due Diligence on Owner’s updated proposal
The City’s consultant, HR&A, reviewed the owner’s updated proposal compared to the Council-selected scenario of exercising the purchase option. As part of this analysis (Attachment D), HR&A refined the Council-selected scenario to include (1) a 10% cost increase to capital expenses to account for prevailing wages, (2) added 9 months without cash flow to the Net Present Value (NPV) calculation to account for the timeconsuming transaction that would be required to implement the non-profit selection and HAP contract transfer processes, and (3) added an estimate of $175,000 for associated City staff/consulting costs.

To earn the same NPV as the updated owner proposals, the City would need to receive at least 81% of the net cash flow from any ground lease. However, after due diligence by staff and HR&A via interviews with a selection of affordable housing developers, it was determined it is unlikely any developer/operator would accept such terms.

Additionally, recent actions by the federal administration raise uncertainties about continued funding of the HAP contract subsidy and the ability to transfer the HAP contract to a new operator.

Amending the Grant Deed allows for keeping the status quo for tenants, provides cash flow to the City’s Housing Trust Fund, and alleviates the burden and substantial risk of having City staff negotiate an assignment of the Owner’s HAP contract with HUD. If federal funding for the HAP contract were to be terminated during the HAP contract term, the Owner would face a significant cash flow reduction, but continued maintenance and management of the Property would remain the Owner’s burden. The existing Option to Purchase terms will remain the same should the City desire to exercise its option in 20 years.

On February 25, 2025, Council provided direction in closed session to authorize the City Manager to complete negotiations for an amended and restated Grant Deed and Option

4.D
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to Purchase Property to run concurrently with the current 20-year HAP contract based upon the Owner’s updated proposal with a 58-42 split of the surplus cash flow with an upfront payment to the City of $250,000.

Next Steps
With City Council approval, the City Manager will negotiate and execute an amended and restated Grant Deed and Option to Purchase Property to run concurrently with the current 20-year HAP contract based upon the Owner’s updated proposal with a 58-42 split of the surplus cash flow with an upfront payment to the City of $250,000.

Past Council Actions
Meeting Date Description
02/25/2025 City Council direction to complete negotiations for an amended and restated Grant Deed and Option to Purchase Property to run concurrently with the current 20-year HAP contract based upon the Owner’s updated proposal with a 58-42 split of the surplus cash flow with an upfront payment to the City of $250,000
08/27/2024 City Council direction to proceed with exercising the Purchase Option Environmental Review
The restated Grant Deed and Option to Purchase Property is exempt from CEQA pursuant to Section 15301 (Existing Facilities), Section 15326 (Acquisition of Housing for Housing Assistance Programs), and Section 15061(b)(3) of the CEQA Guidelines.

Section 15301 exempts (Class 1 Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15326

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exempts actions by a redevelopment agency, housing authority, or other public agency to implement an adopted housing assistance plan by acquiring an interest in existing or housing units. Section 15061(b)(3 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.” This amended and restated Grant Deed and Option to Purchase Property would allow for the purchase of existing housing units consistent with the City’s Housing Trust Fund Plan. It can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA under Section 15301, Section 15326, and Section 15061(b)(3).

Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. Staff will return to Council if specific budget actions are required in the future. According to HR&A’s analysis, the recommended revenue share would yield annual revenues to the City of approximately $367,933 in the first full year to $629,913 in the 20th year. The amount of actual net cash flow may vary depending on actual capital expenditure costs.

Prepared By: Ayala Scott, Senior Development Analyst
Approved Forwarded to Council
Attachments:

A. Land Sale Agreement - Ocean Park Villas
B. Grant Deed - Ocean Park Villas
C. Third Amendment to Grant Deed
D. Updated Summary of Options for Preservation – February 2025

4.D
Packet Pg. 124
CONTRACT NO. 3622(CCS)

AGREEMENT FOR

SALE OF LAND FOR PRIVATE DEVELOPMENT
By and Between

CITY OF SANTA MONICA
and

OCEAN PARK VILLAS

4.D.a
Packet Pg. 125 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 1.

SECTION 2.

SECTION 3.

SECTION 4.

SECTION 5.

SECT-ION 6.

SECTION 7.

SECTION 8.

SECTION 9.

SECT,ION 10.

SECTION 11.

SECTION 12.

SECTION 13.

TABLE OF CONTENTS
PART I

BASIC AGREEMENT
PAGE
SALE: PURCHASE PRICE. . . . . . . . . . 2
CONVEYANCE OF PROPERTY. . . . . . . . . 2
(a) Condition of Title and Form of Deed 2
(b) Preliminary Title Report. . . . . . 3
(c) Escrow. . . . . . . . . . . . . . . 3
(d) Conveyance of Title and Delivery of Possession. 6
(el Time and Place for Delivery of Deed. . . . . 6
(f) Payment of the Purchase Price and Recordation of Deed 7 (g) Title Insurance . . . 7
(h) Taxes and Assessments . 7
(i) Occupants of the Site. 8
(jl Condition of the Site: No Warranties 8
(k) Right to Specific Performance 8
GOOD FAITH DEPOSIT. . 8
(a) Amount. . . 8
(b) Developer's Bonds 9
(c) Interest. . . . . 9
(dl Application to Purchase Price 9
•(e) Retention by City . . . 9
(fl Return to Developer. . 9
TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS 10 TIME FOR CERTAIN OTHER ACTIONS . . . . . . . . . . 10
(a) Time for Submission of Construction Plans . . 10
(bl Time for Submission of Corrected Construction Plans 10 (cl Maximum Time for Approved Construction Plans. . . . 10 (dl Time for City Action on Change in Construction Plans. 11 (el Time for Submission of Evidence of
Equity Capital and Mortgage Financing 11
PERIOD OF DURATION OF COVENANT ON USE. 11
NOTICES AND DEMANDS. . . . . . . . . 11
SPECIAL PROVISIONS . . . . . . . . . . 12
(a) Low and Moderate Income Housing . 12
(b) Bodily Injury and Property Damage Insurance 13
(cl Maintenance of Land Prior to Construction 13
(dl Tax Exemption . . . . . . . . . 13
(el Joint Ventures and Partnerships 13
(fl Execution of Documents. 14
(g) Occupant Selection. . . . 14
CONFLICTS WITH PART II . . . . 14
BEST EFFORT AND DUE DILIGENCE. 15
COUNTERPARTS . . . . . . . . . 15
ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS 15
TIME FOR ACCEPTANCE OF AGREEMENT BY CITY 15
i

4.D.a
Packet Pg. 126 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ARTICLE I.

ARTICLE II.

ARTICLE III.

ARTICLE IV.

ARTICLE V.

PART II

TERMS AND CONDITIONS
RIGHTS OF ACCESS TO PROPERTY ..... .

SECTION 101.

SECTION 102.

SECTION 103.

Right of Entry for Utility
Developer Not to Construct
Utility Easements .... .

Access to Property ... .

Service
Over
CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS;
CERTIFICATE OF COMPLETION ............ .

SECTION 201. Plans for Construction of Improvements
SECTION 202.

SECTION 203.
(a) Scope of Development ...
(b) Basic Concept Drawings ..
(c) Construction Drawings and
Related Documents ... ' ..
(d) Landscaping Plan .... .
(e) City Approval of Construction
Plans and Drawings ... .

Changes in Construction Plans .. .

Evidence of Equity Capital and
Mortgage Financing ....... . SECTION 204. Approvals of Construction Plans and Evidence of Financing as Conditions
Precedent to Conveyance .... SECTION 205. Commencement and Completion of SECTION 206.

SECTION 207.

RESTRICTIONS
SECTION 301.

SECTION 302.

SECTION 303.

PROHIBITIONS
SECTION 401.

SECTION 402.

SECTION 403.

SECTION 404.

Construction of Improvements
Progress Reports .....

Certificate of Completion.

UPON USE OF PROPERTY ... .

Restrictions on Use ... .

Covenants; Binding Upon Successors
in Interest; Period of Duration.

City and United States Rights to Enforce
AGAINST ASSIGNMENT AND TRANSFER ... .

Representations as to Development .. . Prohibition Against Transfer of Shares of Stock; Binding Upon Stockholders
Individually ........... . Prohibition Against Transfer of Property and Assignment of Agreement
Information as to Stockholders
MORTGAGE FINANCING; RIGHTS OF MORTGAGEES .....

SECTION 501. Limitation Upon Encumbrance of Property.

SECTION 502. Mortgagee Not Obligated to Construct
ii
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2 2
2 3
3 3
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6 8
9 10
10 10
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15 4.D.a
Packet Pg. 127 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ARTICLE V.

ARTICLE VI.

ARTICLE VII.

MORTGAGE FINANCING; RIGHTS OF MORTGAGEES (Cont.)
SECTION 503. Copy of Notice of Default to Mortgagee
SECTION 504. Mortgagee's Option to Cure Defaults ..

SECTION 505. City's Option to Pay Mortgage
SECTION 506.

SECTION 507.

REMEDIES ..

SECTION 601.

SECTION 602.

SECTION 603.

SECTION 604.

Debt or Purchase Property ...... . City's Option to Cure Mortgage Default Mortgage and Holder.

In General .

Termination by Developer
Prior to Conveyance ... Termination by City Prior to Conveyance.

Revesting Title in City Upon Happening
of Event Subsequent to Conveyance
to Developer .......... . SECTION 605. Resale of Reacquired Property; Disposition of Proceeds ..... .

SECTION 606. Other Rights and Remedies of City;
No Waiver by Delay ....... .

SECTION 607. Enforced Delay in Performance for
SECTION 608.

SECTION 609.

Causes Beyond Control of Party
Rights and Remedies Cumulative
Party in Position of Surety
With Respect to Obligations.

MISCELLANEOUS. . . . . . . . . . . . . . .

SECTION 701.

SECTION 702.

SECTION 703.

SECTION 704.

Conflict in Interests; City
Representatives Not Individually Liable.

Equal Employment Opportunity .. Provisions Not Merged With Deed.

Title of Articles and Sections.

ATTACHMENTS
ATTACHMEN~ NO. l
ATTACHMENT NO. 2
ATTACHMENT NO. 3
ATTACHMENT NO. 4

PROPERTY MAP

LEGAL DESCRIPTION OF THE PROPERTY

SCHEDULE OF PERFORMANCE

SCOPE OF DEVELOPMENT
iii
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25 25
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4.D.a
Packet Pg. 128 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) PART I

BASIC AGREEMENT
This AGREEMENT, consisting of this Part I and Part II and four (4) Attachments annexed hereto and made a part hereof (which Part I, Part II and Attachments are together hereinafter called "Agreement") is made on or as of the =---=--- day of ----~' 1981, by and between the CITY OF SANTA MONICA, California, a municipal corporation (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called "City"), and having its office at City Hall, 1685 Main Street, in the City of Santa Monica, State of California, and OCEAN PARK VILLAS, a limited partnership organized and existing under the laws of the State of California (hereinafter called "Developer") and having an office for the transaction of business at 5150 Overland Avenue, in the City of Culver City, State of California.

WITNESSETH:

WHEREAS, the City has acquired certain real property located in the City of Santa Monica as shown on the "Property Map" incorporated herein and attached to this Agreement as Attachment No. 1, and described in the "Legal Description of the Property" incorporated herein and attached to this Agreement as Attachment No. 2 (hereinafter called "Property"); and,
WHEREAS, the City acquired the Property with Community
Development Block Grant funds for the expressed purpose of facilitating the development of housing for low and moderate income households; and,
WHEREAS, the City has offered to sell and the Developer is willing to purchase the Property; and,
WHEREAS, the Developer is willing to develop the Property for and in accordance with the uses specified in this Agreement, and only after receipt of commitment of acceptable financing for the .Project from the U. S. Department of Housing and Urban Development or any other acceptable finance entity (hereinafter called "HUD"; and,
WHEREAS, the City believes that the development of the
Property pursuant to the Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State and local laws and requirements under which the Property has been acquired and is being assisted. -1-

4.D.a
Packet Pg. 129 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) NOW, 1HEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows:

SECTION 1, SALE: PURCHASE PRICE
Subject to all the terms, covenants, and conditions of the Agreement, the City agrees to sell the Property to the
Developer for, and the Developer agrees to purchase the Property from the .City and pay therefor, the amount of Two Hundred Thirteen Thousand, Three Hundred Dollars ($213,300), or adjustments thereof based on a land price of Eight Thousand, Eight Hundred Eighty-Seven and 50/100 Dollars ($8,887.50) per residential unit to be developed. In the event that portion of HUD financing funds allowable for land cost differs from the "Purchase Price" as stated above, the City agrees to sell and the Developer agrees to purchase the Property for the amount allowable for land cost, which price shall not be less than One Hundred Thousand Dollars
($100,000),
SECTION 2. CONVEYANCE OF PROPERTY
(a) Condition of Title and Form of Deed. The City
shall convey to the Developer title to the Property by
grant deed (hereinafter called "Deed") in a form mutually satisfactory to the Developer, the title company which
will insure the title hereunder, and the City. Title
shall be fee simple merchantable, subject to the subsequent condition provided for in Section 604 hereof, free and clear of all recorded and unrecorded liens, encumbrances, covenants, assessments, easements, leases and taxes, except as are set forth or referred to elsewhere in this Agreement, and except as are set forth below:
(i) Easements, if any, described in the Legal
Description of the Property.
(ii) Excepting and reserving from the Property all oil, gas, hydrocarbon substances and minerals of every
kind and character lying more than five hundred
(500) feet below the surface of the Property,
together with the right to drill into, through and
to use and occupy all parts of the Property lying
more than five hundred· (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas,
hydrocarbon substances, or minerals from the Property or other lands, but without, however, any right to use either the surface of the Property or
any portion of said Property within five hundred
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4.D.a
Packet Pg. 130 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (500) feet of the surface for any purpose or
purposes whatsoever to the extent reserved by the
parties named in deeds, leases and other documents
of record.
(b) Preliminary Title Report. The City will provide
a Preliminary Title Report for the land within ten (10) days after signing of the Agreement. If ten (10) days
from that time, written notice of disapproval has not
been received by the City from the Developer,· the title report shall be deemed approved. If, however,· the
Developer submits written notice of disapproval within
ten (10) days of receipt of Preliminary Title Report, the City must cure all defects prior to the close of escrow without expense to the Developer.
(c) Escrow. The City agrees to open an escrow with
California Land .Title Company or other escrow company
mutually satisfactory to the City and the Developer (the "Escrow Agent"), in Los Angeles County, California,
within five (5) days after receipt by the City of a
written request from the Developer. This Agreement
constitutes the joint escrow instructions of the City and the Developer, and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of escrow. The City and the Developer shall provide such additional escrow instructions as shall be necessary and consistent with this Agreement. The Escrow Agent is
hereby empowered to act under this Agreement, and upon
indicating its acceptance of the provisions of this
Section in writing, delivered to the City and to the
Developer within five (5) days after the opening of the escrow, the Escrow Agent shall carry out its duties as
Escrow Agent hereunder.

Upon delivery of a deed to the Escrow Agent by the City, the Escrow Agent shall record such deed on the closing
date specified in additional escrow instructions to be
provided by the City and the Developer in accordance with the terms and provisions of this Agreement. The Escrow
Agent shall buy, affix and cancel any transfer stamps
required by law. Any insurance policies governing the
Property are not to be transferred.

The Developer shall pay in escrow to the Escrow Agent the following fees, charges and costs promptly after the
Escrow Agent has notified the Developer of the amount of such fees, charges and costs, but not earlier than ten
(10) days prior to the scheduled date for the close of
escrow:
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4.D.a
Packet Pg. 131 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (i) One-half of the escrow fee.
(ii) That portion of the premium for the title insurance policy to be paid by the Developer as set forth in
paragraph (g) of this Section.
(iii) The Purchase Price for the Property.

The City shall pay in escrow to the Escrow Agent the
following fees, charges and costs promptly after the
Escrow Agent has notified the City of the amount of such fees, charges and costs, but not earlier than ten (10)
days prior to the scheduled date for close of escrow:
(i) Costs necessary to place title in the condition
for conveyance required by the provisions of
this Agreement.
(ii) One-half of the escrow fee.
(iii) Any recording fees.
(iv) Notary fees.
(v) That portion of the premium for the title
insurance policy to be paid by the City as set
forth in paragraph (g) of this Section.
(vi) Ad valorem taxes, if any, upon the Property or
upon this Agreement, or any rights thereunder
prior to conveyance of title.
(vii) Any State, County or City documentary stamps.
(vii) Any transfer tax.

The City through its City Manager shall timely and
properly execute, acknowledge and deliver a Deed in
substantially the form established in paragraph (a) of
this Section conveying to the Developer title to the
Property in accordance with the requirements of paragraph (d) of this Section, together with an estoppel certificate certifying that the Developer has completed all acts (except deposit of the Purchase Price) necessary to entitle the Developer to such conveyance, if such be the fact.
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4.D.a
Packet Pg. 132 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) The Escrow Agent is authorized to:
(i) Pay and charge the City and the Developer,
respectively, for any fees, charges and costs
payable under this Section. Before such payments
or charges are made, the Escrow Agent shall notify
the City and the Developer of the fees, charges
and costs necessary to clear title and close the
escrow.
(ii) Disburse funds and deliver the Deed and other
documents with respect to the Property to the
parties entitled thereto when the conditions of
this escrow have been fulfilled by the City and
the Developer. The Purchase Price for the
Property shall not be disbursed by the Escrow
Agent unless and until it has recorded the Deed
thereto and has delivered to the Developer a title
insurance policy insuring title acceptable to the
Developer and the lender, and conforming to the
requirements of paragraph (g) of this Section.
(iii) Record any instruments delivered through this
escrow if necessary or proper to vest title in the
Developer in accordance with the terms and
provisions of this Agreement.

All funds received in this escrow shall be deposited by the Escrow Agent with other escrow funds of the Escrow
Agent in a general escrow account or accounts with any
State or National bank doing business in the State of
California. Such funds may be transferred to any other
such general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. All adjustments are to be made on the basis of a thirty (30) day month.

If this escrow is not in condition to close before or at the time for conveyance established in paragraph (d) of this Section, either party who is then not at fault, may, in writing to the other party, terminate this Agreement and demand of the Escrow Agent the return of its money, papers or documents. No termination or demand for return shall be recognized until ten (10) days after the Escrow Agent shall have mailed copies of such demand to the
other party or parties at the address of its or their
principal place or places of business. If any objections are raised within the ten (10) day period, the Escrow
Agent is authorized to hold all money, papers and documents with respect to the Property until instructed by mutual agreement of the parties or upon failure thereof by a court of competent jurisdiction. If no such demands are made, the escrow shall be closed as soon as possible. -5-

4.D.a
Packet Pg. 133 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) The Escrow Agent shall not be obligated to return any
such money, papers or documents except upon the written instructions of both the City and the Developer, or until the party entitled thereto has been determined by a final decision of a court of competent jurisdiction.

Any amendment to these escrow instructions shall be in
writing and signed by both the City and the Developer.

At the time of any amendment, the Escrow Agent shall
agree to carry out its duties as Escrow Agent under such amendment.

All communications from the Escrow Agent to the City or the Developer shall be directed to the addresses and in the manner established in Section 7 of this Agreement for notices, demands, and communications between the City and the Developer.

The liability of the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under paragraphs (c) through (g), both inclusive, of this Section.

The City shall not be liable for any real estate
commissions or brokerage fees which may arise herefrom.

The City and Developer each represent to the Escrow Agent and to e.ach other that it has engaged no broker, agent or finder in connection with this transaction.
(d) Conveyance of Title and Delivery of Possession. Subject to any mutually agreed upon extension of time, conveyance to the Developer of title to the Property shall be
completed on or prior to the date specified on the
"Schedule of Performance" incorporated herein and
attached to this Agreement as Attachment No. 3.

Possession of the Property shall be delivered to
Developer concurrently with the conveyance of title,
except that limited access may be permitted before
conveyance of title as permitted by the City. The
Developer shall accept title and possession on or before said date of conveyance.
(e) Time and Place for Delivery o-f Deed. Subject
to any mutually agreed upon extension of time, the City shall deposit the Deed to the Property with the Escrow
Agent on or before the date established for the date of conveyance pursuant to the Schedule of Performance.
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4.D.a
Packet Pg. 134 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (f) Payment of the Purchase Price and Recordation of Deed.

The Developer shall deposit the Purchase Price for the
Property with the Escrow Agent upon or prior to the date for conveyance thereof, providing that the Escrow Agent shall have notified the Developer in writing that the
Deed conveying the Property to the Developer, properly
executed and acknowledged by the City, has been delivered to the Escrow Agent and that title to the Property is in condition to be conveyed in conformity with the
provisions of paragraph (a) of this Section. The Escrow Agent shall deliver the Purchase Price to the City
simultaneously with (1) the delivery to the Developer of a title insurance policy insuring title in conformity
with paragraph (g) of this Section, and (2) the filing of the Deed for recordation among the land records in the
Office of the County Recorder for Los Angeles County.
(g) Title Insurance. Concurrently with recordation of the Deed conveying title to the Property, the City shall
instruct California Land Title Company ("Title Co."), or some other title insurance company satisfactory to the
City and the Developer, to provide and deliver to the
Developer a title insurance policy of such form that may be acceptable to HUD ensuring that the title is vested in the Developer in the condition required by paragraph (a) of this Section. The Title Co. shall provide the City
with a copy of the title insurance policy, and the title insurance policy shall be in the amount of the Purchase Price for the Property.

Concurrently with the recording of the Deed conveying
title to the Property, the City shall instruct the Title Co. to provide Developer with an endorsement to insure
the amount of the Developer's estimated construction
costs of the improvements to be constructed upon the
Property. The Developer shall pay the entire premium for any such increase in coverage requested by it.

The City shall pay only for that portion of the title
insurance premium attributable to a CLTA standard form
policy of title insurance in the amount of the Purchase Price of the Property. The Developer shall pay for all
additional premiums and for any extended coverage or
special endorsements.
(h) Taxes and Assessments. Ad valorem taxes and assessments, if any, on the Property, and taxes upon this Agreement or any rights thereunder levied, assessed, or imposed for any period commencing prior to conveyance of title shall be borne by the City. All ad valorem taxes
and assessments on the Property levied, assessed or
imposed for any period commencing after closing of the
escrow shall be paid by the Developer.
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4.D.a
Packet Pg. 135 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (i) Occupants of the Site. Title to the Property shall
be conveyed free of any possession or right of possession except that of Developer, unless waived by Developer in writing.
(j) Condition of the Site: No Warranties. Developer hereby acknowledges that City has not made, does not make and
will not make any warranties or representations of any
kind or nature, expressed or implied, in law or in fact, with respect to the condition of the Property, and that Developer, by entering into this Agreement, acknowledges that it has made such legal, factual and other inquiries and investigations with respect to the Property as
Developer has deemed necessary or desirable, and that in entering into this Agreement, it has relied solely
thereon.

Further, it shall be the sole responsibility of Developer, at Developer's expense, to grade and take such other action as may be necessary to place the Property
and the soil condition of the Property in all other
respects in·a condition entirely suitable for the
development of the Property.
(k) Right to Specific Performance. Nothing in this Section 2 shall be construed to impair or affect the rights or obligations of the City or the Developer to specific performance of this Agreement.

SECTION 3. GOOD FAITH DEPOSIT
(a) Amount. The Developer has, prior to or simultaneously with the execution of the Agreement by the City,
delivered to the City a good faith deposit in the amount of Twenty Thousand Dollars ($20,000) (hereinafter called "Deposit") as security for the performance of the
obligations of the Developer to be performed prior to the return of the Deposit to the Developer, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in
accordance with the Agreement.

The Deposit, at the option of the Developer, may be in
the form of (1) cash, (2) cashier's or certified check, (3) irrevocable letter of credit, (4) negotiable
certificates of deposit issued by a Federal or State
bank, or (5) any combination of such checks, letter of
credit, certificates and cash. The Deposit, if cash or
cashier's check, shall be deposited in an account of the City in a bank or trust company selected by it.
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4.D.a
Packet Pg. 136 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (b) Developer's Bonds. The Developer will furnish
to the City copies of bonds or other instruments of
surety as may be required by HUD for the financing of the project.
(c) Interest. The City shall be under no obligation
( d)
( e)
( f)
to pay or earn interest on the Deposit; but if interest is payable thereon, such interest, when received by the City, shall be promptly paid to the Developer.

Application to Purchase Price. In the event the
Developer is otherwise entitled to return of the Deposit pursuant to paragraph (f) of this Section, upon written request of the Developer the amount of the Deposit if
paid in cash or by certified or cashier's check shall be applied on account of the Purchase Price at the time
payment of the Purchase Price is made. Any amount the
Deposit exceeds the Purchase Price, that amount will be returned to Developer.

Retention by City. Upon termination of this
Agreement prior to conveyance as.provided in Section 603 hereof, the Deposit or the proceeds of the Deposit, if
not theretofore returned to the Developer pursuant to
paragraph (f) of this Section, including all interest
payable on such Deposit or the proceeds thereof .after
such termination, shall be retained by the City as
provided in Section 603 hereof.

Return to Developer. Upon termination of this
Agreement prior to conveyance as provided in Section 602 hereof, the Deposit shall be returned to the Developer by the City. If the Agreement shall not have been
theretofore terminated, and if no cause for termination then exists, the City shall return the Deposit to the
Developer upon receipt by the City of the following:
(i) A copy of the commitment or commitments obtained
by the Developer for the mortgage loan or loans to
assist in financing the construction of the
Improvements (as defined in Section 201 hereof),
certified by the Developer to be a true and
correct copy or copies thereof.
(ii) Evidence satisfactory to the City that the interim mortgage loan to assist in financing the
construction of the Improvements has been
initially closed.
(iii) A copy of the contract between the Developer and
the general contractor for the construction of
Improvements, certified by the Developer to be a
true and correct copy thereof.
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4.D.a
Packet Pg. 137 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (iv) A copy of the contract bond provided by the
general contractor in connection with the
aforesaid construction contract which bond shall
be in a sum equal to not less than one hundred
percent (100%) of the contract price under said
construction contract, certified by the Developer
to be a true and correct copy thereof. As an
alternative to the abovementioned bond, Developer
shall furnish a copy of an Assurance of Completion
Agreement and a Letter of Credit (both hereinafter
called "said Letter.of Credit") in favor of the
project lender in an amount equal to not less than
fifteen percent (15%) of the HUD estimate of the
cost for construction of the project as an
assurance of completion. Said Letter of Credit
shall be certified by the Developer to be a true
and correct copy thereof.

SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements referred to in Section 201 hereof shall commence and be completed within the times set forth in the Schedule of Performance. Such periods of time may be extended from time-to-time by the City and shall be extended as necessary to comply with the provisions of Section 607 which are incorporated in this Section 4 as fully set forth.

SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
(a) Time for Submission of Construction Plans. The time within which the Developer shall submit its Construction Plans (as defined in Section 201 hereof) to the City in any event shall not be later than the dates set forth in the Schedule of Performance.
(b) Time for Submission of Corrected Construction Plans.

Except as provided in paragraph (c) of this Section 5,
the time within which the Developer shall submit any new or corrected Construction Plans as provided for in
Section 201 hereof shall be not later than thirty (30)
days after the date the Developer receives written notice from the City of the City's rejection of the Construction Plans referred to in the latest such notice.
(c) Maximum Time for Approved Construction Plans. In
any event, the time within which the Developer shall
submit Construction Plans which conform to the requirements of Section 201 hereof and are approved by the City shall be not later than dates set forth in the Schedule of Performance for the approval of such plans by the
City.
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4.D.a
Packet Pg. 138 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (d) Time for City Action on Change in Construction Plans.

The time within which the City may reJect any change in the Construction Plans as provided in Section 202 hereof shall be fifteen (15) days after the date of the City's receipt of notice of such change.
(e) Time for Submission of Evidence of Equity Capital and Mortgage Financing. The time within which the Developer shall submit to the City, in any event, evidence as to
equity capital and any commitment necessary for mortgage financing as provided in Section 203 hereof shall be not later than the date set forth in the Schedule of
Performance for the submission of such evidence.

SECTION 6. PERIOD OF DURATION OF COVENANT ON USE
The covenants pertaining to the uses of the Property, set forth in this Agreement and 'the Deed, shall remain in effect until thirty ( 30) years from the date of the Deed or until the maturity date of the mortgage, whichever is longer, except that the covenants against discrimination shall remain in perpetuity.

Except as otherwise expressly provided in Section 604 hereof, breach of any of the covenants or provisions contained in this Agreement shall not give rise to any right of reverter, to any estate of reverter, nor to any right of reentry or forfeiture of the Property or any part thereof or of any interest therein to the City.

SECTION 7. NOTICES AND DEMANDS
A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and
(i) in the case of the Developer, is addressed to or
delivered personally to the Developer at 15233
Ventura Blvd., Suite 816, Sherman Oaks, CA 91403;
and,
(ii) in the case of the City, is addressed to or
delivered personally to the City at City Hall,
1685 Main Street, Santa Monica, CA 90401;
or at such other address with respect to either such party as that party may from time-to-time designate in writing and transmitted to the other as provided in this Section.
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4.D.a
Packet Pg. 139 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 8. SPECIAL PROVISIONS
(a) Low and Moderate Income Housing. The purpose of
this Agreement is to provide for the construction and
maintenance of low and moderate income housing. The City wishes to ensure that after completion of development,
the housing constructed hereunder will remain available to families of low and moderate income. Therefore, the
Developer agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants to the effect, that:
(i) Developer nor his successors in interest shall not
pay or cause the satisfaction or discharge of the
mortgage debt on the Property before the due date
therefor without the prior written approval of the
City.
(ii) At the end of thirty (30) years after completion
of development of the Property, or after maturity
date of the mortgage, whichever is longer, the
City shall have the right to purchase the Property
and all Improvements thereon at a price equal to
the amount of the original mortgage. The City
shall notify Developer of its intent to exercise
its option to purchase the Property and Improvements within ninety (90) days after the end of the term of the mortgage. Thereafter, the City shall
have an additional ninety (90) days in which to
purchase the Property and Improvements.

If the City fails to exercise its option to purchase the Property and the Improvements, then the Developer shall, within ninety (90) days following
receipt of the appraisal described below, pay to
the City a sum equal to the fair market value of
the land which shall be appraised pursuant to the
procedures set forth below on the basis of highest
and best use. The amount of the original Purchase
Price shall be deducted from the fair market value
of the land. If the Developer fails to pay to the
City such fair market value of the land, then the
City shall have the right to reenter and take
possession of the land and the Improvements, and
title of Developer to said land and Improvements
shall terminate and revest in the City.

The fair market and value of the land shall be
determined within ninety (90) days following the
City's failure to exercise its option, by an
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4.D.a
Packet Pg. 140 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) M.A.!. appraiser agreed to and paid equally by
both parties. If the parties cannot agree upon
the selection of an appraiser, then each party
shall appoint an appraiser, and the two (2)
appraisers shall in turn appoint a third
appraiser. The third appraiser shall then
determine the fair market value of the land.

If the City thereafter operates and maintains the
housing, said operation and maintenance shall be
in accordance with the then existing laws.
(b) Bodily Injury and Property Damage Insurance. Before commencement of any work of Improvements upon the Property, the Developer shall furnish or cause to be furnished to the City duplicate originals or appropriate certificates of bodily injury and property damage insurance policies in the amount of at least Five Hundred Thousand Dollars ($500,000) for any person, Two Million Dollars ($2,000,000) for any occurrence and Three Hundred Thousand Dollars ($300,000) property damage, naming the City of Santa Monica, members of its City Council, boards or commissions, officers, agents, servants, and employees while acting as such, as co-insured as their interest
might appear.
(c} Maintenance of Land Prior to Construction. The Developer shall maintain the cleared land it acquires in a neat and orderly condition between the date of acquisition and the commencement of construction.
(d) Tax Exemption. The Property shall not be removed
from the property tax rolls and shall not be exempted
from property tax payments, except under programs now or hereafter enacted by the State of California for the
general relief of homeowners, and the Deed shall contain covenants to that effect. Developer for itself and for
its successors and assigns agrees not to file an
application for exemption from property tax assessment
and payment, except for those exemptions which may now
exist or hereafter be enacted by the State of California for the general relief of homeowners. This in no way
limits Developer's right to question or seek reduction of any assessed valuation of the Property.
(e} Joint Ventures and Partnerships. Notwithstanding
any other provision of this Agreement, including the
provisions contained in Part II hereof, the Developer
reserves the right at its discretion to join and
associate with other entities in joint venture, limited or general partnerships or otherwise for the purpose of acquiring and developing the Property or a portion
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4.D.a
Packet Pg. 141 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) \
thereof, provided that at all times prior to the
recordation of a Certificate of Completion by the City
for the Property, Jona Goldrich, Sol Kest, Robert Hirsch and Warren Breslow will remain fully responsible to the City, and provided that such joint venture, partnership or other entity agrees in writing to be bound by all of the provisions of this Agreement. It is particularly
anticipated that a partnership may be formed in which
the Developer will be a general partnef and that other
persons or entities will be associated as limited and/or general partners. Such an agreement is acceptable to
the City subject to all of the provisions of this
Section 8. Section 403 (bl (4l shall not apply to or
limit the amount of capital or equity contributed by
any person or entity participating in the development
entity.

Whenever the term "Developer" is used herein, such term shall include any permitted assignee as herein provided. (fl Execution of Documents. The City and the Developer
agree to execute any and all documents that may be
necessary or properly required by HUD in connection with this Project.
(gl Occupant Selection. Developer agrees that initial and subsequent occupants shall be selected by lottery or
other equitable method as permitted by Federal Section 8 regulations, and approved by the City.

The Developer additionally agrees to use its best efforts to assure that the City's ethnic and racial minorities
are given equal access to the units to be developed, and that the Developer will provide a report to the City on the ethnic and racial composition of the tenants at the time of original leaseup and annually thereafter during the term of this Agreement.

SECTION 9. CONFLICTS WITH PART II
In the event of any inconsistency or conflict between the provisions of this Part I and Part II of this Agreement, the provisions of Part I shall prevail over those contained in Part II.
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4.D.a
Packet Pg. 142 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 10. BEST EFFORT AND DUE DILIGENCE
Both City and Developer agree to use all best efforts and due diligence to timely perform and satisfy all of their respective cove nan ts and conditions imposed under the Agreement.

SECTION 11. COUNTERPARTS
This Agreement is executed in five (5) counterparts, each of which is deemed to be an original.

SECTION 12. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.

All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the City or the Developer, and all amendments hereto must be in writing by the appropriate authorities of the City and the Developer.

SECTION 13. TIME FOR ACCEPTANCE OF AGREEMENT BY CITY'
This Agreement, when executed by the Developer and delivered to the City, must be authorized, executed and delivered by the City within sixty (60} days after the date of signature by the Developer or this Agreement shall be void, except to the extent that the Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when the Agreement shall have been signed by the City.

IN WITNESS WHEREOF, the City and the Developer have signed this Agreement as of the dates set opposite their signatures.

Date:

Date:

OCEAN
By _________ ---=--------,-=--=--
General Partner
Date:
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4.D.a
Packet Pg. 143 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas)

PART II

TERMS AND CONDITIONS
ARTICLE I. RIGHTS OF ACCESS TO PROPERTY
SECTION 101. Right of Entry for Utility Service.

The City reserves for itself, and any public utility
company as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or
servicing the public utilities located within the
Property boundary lines and provided for in the
easements described or referred to in paragraph (a)
Section 2 Part I hereof.

SECTION 102. Developer Not to Construct Over Utility
Easements.

The Developer shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in paragraph (a) Section 2 Part I hereof, unless such construction is provided for in
such easement or has been approved by the City. If
approval for such construction is requested by the
Developer, the City shall use its best efforts to assure that such approval shall not be withheld unreasonably.

SECTION 103. Access to Property.

Prior to conveyance of the Property by the City to the
Developer, the City shall permit representatives of the Developer to have access to any part of the Property to which the City holds title at all reasonable times for
the purpose of obtaining data and making various tests
concerning the Property necessary to carry out the
Agreement. After the conveyance of the Property by the
City to the Developer, the Developer shall permit the
representatives of the City access to the Property at
all reasonable times which any of them deems necessary
for the purposes of the Agreement i.ncluding, but not
limited to, inspection of all work being performed in
connection with the construction of the Improvements.

No compensation shall be payable nor shall any charge be made in any form by any party for the access provided
for in this Section.
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4.D.a
Packet Pg. 144 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ARTICLE II. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION.

SECTION 201. Plans for Construction of Improvements.

Plans and specifications for the development of the
Property and the construction of improvements thereon
( hereinafter referred to as the "Improvements") shall -be in conformity with the Scope of Development, the Basic
Concept Drawings, and all applicable State and local
laws and regulations.
(a) Scope of Development. The Property shall be
developed within the limitations established in the
"Scope of Development" incorporated herein and
attached to this Agreement as Attachment No. 4.
(b) Basic Concept Drawings. The Developer has prepared
and submitted to the City, Basic Concept Drawings
and related documents for the development of the
Property. The City and the Developer have
initialed and dated each page of those drawings and
documents. The Property shall be developed as
established in the Basic Concept Drawings and
related documents except as changes may be mutually
agreed upon between the Developer and the City.

Any such changes shall be within the limitations of
the Scope of Development.
(c) Construction Drawings and Related Documents. The
Developer shall prepare and submit construction
drawings and related documents to the City for
architectural review and written approval for the
Property as provided in the Schedule of
Performance. Such construction drawings and
related documents shall be submitted in two
stages--preliminary and final working drawings.

Final drawings and plans are hereby defined as
those in sufficient detail to obtain a building
permit. Approval of progressively more detailed
drawings and spec,ifications will be promptly
granted by the City if they are not in conflict
with drawings or specifications theretofore
approved. Any items so submitted and approved in
writing by the City shall not be subject to
subsequent disapproval.

During the preparation of all drawings and plans,
the City and the Developer shall hold regular
progress meetings to coordinate the preparation of,
submission to, and review of construction plans and
related documents by the City. Said parties shall
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4.D.a
Packet Pg. 145 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) communicate and consult informally as frequently as
is necessary to insure that the formal submittal of
any documents to the City can receive prompt and
speedy consideration.

If any revisions or corrections shall be required
by any Government official, agency, department or
bureau having jurisdiction, or any lending
institution involved in the financing, the
Developer and the City shall cooperate in efforts
to ·obtain waiver of such requirement or to develop
a mutually acceptable alternative. If no such
waiver is obtained and no such alternative is
developed, the City shall be bound by such
revisions or corrections if they are not
inconsistent with the Scope of Development.
(d) Landscaping Plan. The Developer shall prepare and
submit to the City for approval preliminary and
final landscaping and finish grading plans for the
Property. Said plans shall be prepared and
submitted within the times set forth in the
Schedule of Performance.
(e) City Approval of Construction Plans and Drawings.

The City shall have the right of architectural
review of all plans and submissions, including
changes therein.

The City shall approve or disapprove the plans,
drawings and related documents referred to in
paragraphs (c) and {d) of this Section within the
times established in the Schedule of Performance.

Failure by the City to either approve or disapprove
within the times established in the Schedule of
Performance shall be deemed an approval. Any
disapproval shall state' in writing the reasons for
disapproval. All subsequent time limits imposed on
Developer shall be automatically extended by the
elapsed time of such disapproval process, All
plans, drawings and related documents approved in
writing by the City shall not be subject to
subsequent disapproval.

SECTION 202. Changes in Construction Plans.

If prior to commencement of construction the Developer
desires to make any change in the construction plans
after their approval by the City, the Developer shall
submit the proposed change to the City for its approval.

If the construction plans, as modified by the proposed
change, conform to the requirements of Section 201
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4.D.a
Packet Pg. 146 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) hereof and the Scope of Development, the City shall
approve the proposed change and notify the Developer in writing within fifteen (15) days after receipt thereof
by the City. Such change in construction plans, in any
event, shall be deemed approved by the City unless
rejected by the City, in whole or in part, by written
notice to the Developer within said fifteen (15) day
period setting forth in detail the reasons therefor.

If, after commencement of construction, the Developer
desires to make any modifications in construction,
Developer shall submit such proposed modifications to
the City for approval which approval shall be timely
given with all due regard for circumstances then
prevailing. And, in any event, such proposed modification shall be deemed approved unless rejected by the City within three (3) working days after receipt of such modifications.

SECTION 203, Evidence of Equity Capital and Mortgage
Financing.

As promptly as possible after approval by the City of
the Construction Plans, and, in any event, no later than the time specified therefor in paragraph {e) Section 5
Part I hereof, the Developer shall submit to the City
evidence satisfactory to the City that the Developer has the equity capital and commitments for mortgage
financing necessary for the construction of the
Improvements.

SECTION 204, Approvals of Construction Plans and Evidence of Financing as Conditions Precedent to Conveyance.

The submission of Construction Plans and their approval by the City as provided in Section 201 hereof, and the
submission of evidence of equity capital and commitments for mortgage financing as provided in Section 203
hereof, are conditions precedent to the obligation of
the City to convey the Property to the Developer.

SECTION 205, Commencement and Completion of Construction of Improvements.

The Developer agrees for itself, its successors and
assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Developer for itself and
such successors and assigns, that the Developer, and
such successors and assigns, shall promptly begin and
diligently prosecute to completion the development of
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4.D.a
Packet Pg. 147 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) the Property through the construction of the Improvements thereon, and that such construction shall in any event begin within the period specified in Section 4
Part I hereof and be completed within the period
specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such
agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest
extent permitted by law and equity, binding for the
benefit of the community and the City and enforceable by the City against the Developer and its successors and
assigns to or of the Property or any part thereof or any interest therein.

SECTION 206. Progress Reports.

Subsequent to conveyance of the Property or any part
thereof to the Developer, and until construction of the Improvements has been completed, the Developer shall
make reports in such detail and at such times as may
reasonably be requested by the City as to the actual
progress of the Developer with respect to such
construction.

SECTION 207. Certificate of Completion.
(a} Promptly after completion of the Improvements in
accordance with those provisions of the Agreement
relating solely to the obligations of the Developer
to construct the Improvements (including the dates
for beginning and completion thereof) and subject
to the issuance of a Certificate of Occupancy by
the Building Department of the City, the City
through its City Manager will furnish the Developer
with an appropriate instrument so certifying. Such
certification by the City shall be (and it shall be
so provided in the Deed and in the certification
itself) a conclusive determination of satisfaction
and termination of the agreements and covenants in
the Agreement and in the Deed with respect to the
obligations of the Developer, and its successors
and assigns, to construct the Improvements and the
dates for the beginning and completion thereof.

Such certification and such determination shall not
constitute evidence of compliance with or
satisfaction of any obligation of the Developer to
any holder of a mortgage, or any insurer of a
mortgage, securing money loaned to finance the
Improvements, or any part thereof.
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4.D.a
Packet Pg. 148 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I
hereof, the Developer may convey or lease as the
Improvements to be constructed thereon are
completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, certify to the Developer that such
Improvements have been made in accordance with the
provisions of the Agreement.
(c) Each certification provided for in this Section 207 shall be in such form as will enable it to be
recorded in the proper office for the recordation
of deeds and other instruments pertaining to the
Property, including the Deed. If the City shall
refuse or fail to provide any certification in
accordance with the provisions of this Section, the
City shall, within thirty (30) days after written
request by the Developer, provide the Developer
with a written statement, indicating in adequate
detail in what respects the Developer has failed to
complete the Improvements in accordance with the
provisions of the Agreement, or is otherwise in
default, and what measures or acts it will be
necessary, in the opinion of the City, for the
Developer to take or perform in order to obtain
such certification.

ARTICLE III. RESTRICTIONS UPON USE OF PROPERTY
SECTION 301. Restrictions on use.

The Developer agrees for itself, its successors and
assigns, and every successor in interest to the
Property, or any part thereof, and the Deed shall
contain covenants on the part of the Developer for
itself, and such successors and assigns, that the
Developer, and such successors and assigns, shall:
(a) Devote the Property to, and only to and in
accordance with, the uses specified in the Deed and
the Scope of Development.
(b) Not discriminate upon the basis of race, color,
ancestry, national origin, religious creed, age,
sex, marital status, or physical handicap in the
sale, lease, or rental or in the use or occupancy
of the Property or any improvements erected or to
be erected thereon, or any part thereof.
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4.D.a
Packet Pg. 149 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (c) Include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design
in all advertising (including signs) for the sale
and/or rental of the whole or any part of the
Property. The word "Project" or "Development" may
be substituted for the word "Building" where
circumstances require substitution.
(d) Comply with regulations issued by the Secretary of
Housing and Urban Development set forth in 37 F.R.
22732-3 and all applicable rules and orders issued
thereunder which prohibit the use of lead-based
paint in residential structures undergoing
Federally-assisted construction or rehabilitation
and require the elimination of lead-based paint
hazards.

The Developer shall refrain from restricting the
rental, sale or lease of the Property on the basis
of race, color, ancestry, national origin,
religious creed, age, sex, marital status, or
physical handicap of any person. All deeds, leases
or contracts for the sale, lease, sublease, or
other transfer of the Property shall contain or be
subject to the following nondiscrimination and
nonsegregation clauses:
( i) In deeds: "The grantee herein covenants by
and for himself or herself, his or her heirs,
executors, administrators and assigns, and all
persons claiming under or through them, that
there shall be no discrimination against or
segregation of any person or group of persons
on account of race, color, ancestry, national
origin, religious creed, age, sex, marital
status, or physical handicap in the sale,
lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land herein
conveyed·, nor shall the grantee himself or
herself or any person claiming under or
through him or her, establish or permit any
such practice or practices of discrimination
or segregation with reference to the
selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or
vendees in the land herein conveyed. The
foregoing covenants shall run with the land."
( ii) In leases: "The lessee herein covenants by
and for himself or herself, his or her heirs,
executors, administrators and assigns, and all
persons claiming under or through him or her,
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4.D.a
Packet Pg. 150 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) and this lease is made and accepted upon and
subject to the following conditions: That
there shall be no discrimination against or
segregation of any person or group of persons
on account of race, color, ancestry, national
origin, religious creed, age, sex, marital
status, or physical handicap in the leasing,
subleasing, transferring, use or enjoyment of
the land herein leased nor shall the lessee
himself or herself, or any person claiming
under or through him or her, establish or
permit any practice or practices of
discrimination or segregation with reference
to the selection, location, number, use or
occupancy of tenants, lessees, sublessees,
subtenants or vendees in the land herein
leased."
( iii) In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color,
ancestry, national origin, religious creed,
age, sex, marital status, or physical handicap
in the sale, lease, sublease, transfer, use or
occupancy, tenure or enjoyment of the land,
nor shall the transferee himself or herself or
any person claiming under or through him or
her, establish or permit any such practice or
practices of discrimination or segregation
with reference to the selection, location,
number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the
land. 11
SECTION 302, Covenants; Binding Upon Successors in Interest; Period of Duration.

It is intended and agreed, and the Deed shall so
expressly provide, that the agreements and covenants
provided in Section 301 hereof shall be covenants
running with the land and that they shall, in any event, and without regard to technical classification or
designation, legal or otherwise, and except only as
otherwise specifically provided in the Agreement, be
binding, to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceable by, the City and any successor in interest to the
Property, or any part thereof, and the United States (in the case of the covenant provided in paragraph (b)
Section 301 hereof), against the Developer, its
successors and assigns and every successor in interest
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4.D.a
Packet Pg. 151 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) to the Property, or any part thereof or any interest
therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended
and agreed that the agreement and covenant provided in
paragraph (a) Section 301 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 Part I hereof (at which time
such agreement and covenant shall terminate) and that
the agreements and covenants provided in paragraph (b)
Section 301 hereof shall remain in effect without
limitation as to time: Provided, that such agreements
and covenants shall be binding on the Developer itself, each successor in interest to the Property, and every
part thereof, and each party in possession or occupancy, respectively, only for such period as such successor
or party shall have title to, or an interest in, or
possession or occupancy of, the Property or part thereof.

SECTION 303. City and United States Rights to Enforce.

In amplification, and not in restriction of the
provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns
shall be deemed beneficiaries of the agreements and
covenants provided in Section 301 hereof, and the United States shall be deemed a beneficiary of the covenant
provided in paragraph (b) Section 301 hereof, both
for and in it's own right and also.for the purposes of
protecting the interests of the community and other
parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided.

Such agreements and covenants shall (and the Deed shall so state) run in favor of the City and the United
States, for the entire period during which such
agreements and covenants shall be in force and effect,
without regard to whether the City or the United States has at any time been, remains, or is an owner of any
land or interest therein to or in favor of which such
agreements and covenants relate. The City shall have
the right, in the event of any breach of any such
agreement or covenant, and the United States shall have the right in the event of any breach of the covenant
Frovided in paragraph (b) Section 301 hereof, to
exercise all the rights and remedies, and to maintain
any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of
agreement or covenant, to which it or any other
beneficiaries of such agreement or covenant may be
entitled.
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4.D.a
Packet Pg. 152 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ARTICLE IV. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 401. Representations As to Development.

The Developer represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are and will be used for the purpose of
development of the Property and not for speculation in
land holding. The Developer further recognizes that, in view of
(a) the importance of the development of the Property
to the general welfare of the community;
(b) the substantial financing and other public aids
that have been made available by law and by the
Federal and local governments for the purpose of
making such development possible; and
(c) the fact that a transfer of the stock in the
Developer or of a substantial part thereof, or any
other act or transaction involving or resulting in
a significant change in the ownership or distribution of such stock or with respect to the identity of the parties in control of the Developer or the degree thereof, is for practical purposes a
transfer or disposition of the Property then owned
by the Developer,
the qualifications and identity of the Developer, and
its stockholders, are of particular concern to the City.

The Developer further recognizes that it is because of
such qualifications and identity that the City is
entering into the Agreement with the Developer, and, in so doing, is further willing to accept and rely on the
obligations of the Developer for the faithful performance of all undertakings and covenants herein by it to be performed without requiring in addition a surety bond or similar undertaking for such performance of all
undertakings and covenants in the Agreement.

SECTION 402. Prohibition Against Transfer of Shares of
Stock; Binding Upon Stockholders Individually.

For the foregoing reasons, the Developer represents and agrees for itself, its stockholders, and any successor
in interest of itself and its stockholders, respectively, that: Prior to completion of the Improvements as certified by the City, and without the prior written approval of the City, ( a) there shall be no transfer by any party owning ten percent (10%) or more of the stock -10-

4.D.a
Packet Pg. 153 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) in the Developer (which term shall be deemed for the
purposes of this and related provisions to include
successors in interest of such stock or any part thereof or interest therein), {b) nor shall any such owner
suffer any such transfer to be made, {c) nor shall there be by the Developer, or by any owner of ten percent
(10%) or more of the stock therein, any other similarly significant change in the ownership of such stock or in the relative distribution thereof, or with respect to
the identity of the parties in control of the Developer or the degree thereof, by any other method or means,
whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of additional or new stock or classification of stock, or
otherwise. With respect to this provision, the
Developer and the parties signing the Agreement on
behalf of the Developer represent that they have the
authority of all of its existing stockholders to agree
to this provision on their behalf and to bind them with respect thereto.

SECTION 403. Prohibition Against Transfer of Property and Assignment of Agreement.

Also, for the foregoing reasons, the Developer represents and agrees for itself, its successors and assigns, that:
{a) Except only
(1) by way of security for, and only for, (i) the
purpose of obtaining financing necessary to
enable the Developer or any successor in
interest to the Property, or any part thereof,
to perform its obligations with respect to
making the Improvements under the Agreement,
and (ii) any other purpose authorized by the
Agreement, and
(2) as to any individual parts or parcels of the
Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the
Developer is authorized to convey or lease as
such Improvements are completed, the Developer
(except as so authorized) has not made or
created, and that it will not, prior to the
proper completion of the Improvements as certified by the City, make or create, or suffer to be made or created, any total or partial sale,
assignment, conveyance, or lease, or any trust
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4.D.a
Packet Pg. 154 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) or power, or transfer in any other mode or form
of or with respect to the Agreement or the
Property, or any part thereof or any interest
therein, or any contract or agreement to do any
of the same, without the prior written approval
of the City.
(b) the City shall bff entitled to require, except as
otherwise provided in the Agreement, as conditions
to any such approval that:
(1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate
to fulfill the obligations undertaken in the
Agreement by the Developer (or, in the event
the transfer is of or relates to part of the
Property, such obligations to the extent that
they relate to such part).
(2) Any proposed transferee, by instrument in
writing satisfactory to the City, and in form
recordable among the land records, shall, for
itself and its successors and assigns, and
expressly for the benefit of the City, have
expressly assumed all of the obligations of the
Developer under the Agreement and agreed to be
subject to all the conditions and restrictions
to which the Developer is subject (or, in the
event the transfer is of or relates to part of
the Property, such obligations, conditions, and
restrictions to the extent that they relate to'
such part): Provided, that the fact that any
transferee of, or any other successor in
interest whatsoever to, the Property, or any
part thereof, shall, whatever the reason, not
have assumed such obligations or so agreed,
shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or
except such transferee or successor of or from
such obligations, conditions, or restrictions,
or deprive or limit the City of or with respect
to any rights or remedies or controls with
respect to the Property or the construction of
the Improvements; it being the intent of this,
together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner
and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in the
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4.D.a
Packet Pg. 155 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) Property or any part thereof, or any interest
therein, however consummated or occurring, and
whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights
or remedies or controls provided in or resulting from the Agreement with respect to the Property and the construction of the Improvemen ts that the City would have had, had there been no such transfer or change.
(3) There shall be submitted to the City for review
all instruments and other legal documents
involved in effecting transfer, and if approved
by the City, its approval shall be indicated to
the Developer in writing.
(4) The consideration payable for the transfer by
the transferee or on its behalf shall not
exceed an amount representing the actual cost
(including carrying charges) to the Developer
of the Property (or allocable to the part
thereof or interest therein transferred) and
the Improvements, if any, theretofore made
thereon by it; it being the intent of this
provision to preclude assignment of the Agreement or transfer of the Property (or any parts thereof other than those referred to in
paragraph (a) (2) of this Section 403)
for profit prior to the completion of the
Improvements and to provide that in the event
any such assignment or transfer is made (and is
not canceled), the City shall be entitled to
increase the Purchase Price to the Developer by
the amount that the consideration payable for
the assignment or transfer is in excess of the
amount that may be authorized pursuant to this
paragraph (4), and such consideration shall,
to the extent it is in excess of the amount so
authorized, belong to and forthwith be paid to
the City.
(5) The Developer and its transferee shall comply
with such other conditions as the City may find
desirable in order to achieve and safeguard the
purposes of this Agreement.

Provided, that in the absence of specific written
agreement by the City to the contrary, no such
transfer or approval by the City thereof shall be
deemed to relieve the Developer, or any other party
bound in any way by the Agreement or otherwise with
respect to the construction of the Improvements,
from any of its obligations with respect thereto.
-J.3-

4.D.a
Packet Pg. 156 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 404. Information As to Stockholders.

In order to assist in the effectuation of the purposes
of this Article· IV and the statutory objectives
generally, the Developer agrees that during the period
between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Developer will promptly notify the City of any and all changes
whatsoever in the ownership of stock, legal or
beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such
stock or in the relative distribution thereof, or with
respect to the identity of the parties in control of the Developer or the degree thereof, of which it or any of
its officers have been notified or otherwise have
knowledge or information; and (b) the Developer shall,
at such time or times as the City may request, furnish
the City with a complete statement, subscribed and sworn to by the President or other executive officer of the
Developer, setting forth all of the stockholders of the Developer and the extent of their respective holdings,
and in the event any other parties have a beneficial
interest in such stock their names and the extent of
such interest, all as determined or indicated by the
records of the Developer, by specific inquiry made by
any such officer, of all parties who on the basis of
such records own ten percent (10%) or more of the stock in the Developer, and by such other knowledge or
information as such officer shall have. Such lists,
data, and information shall in any event be furnished
the City immediately prior to the delivery of the Deed
to the Developer and as a condition precedent thereto,
and annually thereafter on the anniversary of the date
of the Deed until the issuance of a certificate of
completion for all the Property.

ARTICLE V. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 501. Limitation Upon Encumbrance of Property.

Prior to the completion of the Improvements, as
certified by the City, neither the Developer nor any
successor in interest to the Property or any part
thereof shall engage in any financing or any other
transaction creating any mortgage or other encumbrance
or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien
to be made on or attached to the Property, except for
purposes of obtaining construction and permanent loans
in the maximum amounts insurable for the Project, as
determined by HUD. The Developer (or successor in
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4.D.a
Packet Pg. 157 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) interest) shall notify the City in advance of any
financing, secured by mortgage or other similar lien
instrument, it proposes to enter into with respect to
the Property, or any part thereof, and in any event it
shall promptly notify the City of any encumbrance or
lien that has been created on or attached to the
Property, whether by voluntary act of the Developer or
otherwise. For the purposes of such mortgage financing
as may be made pursuant to the Agreement, the Property
may, at the option of the Developer (or successor in
interest), be divided into several parts or parcels,
provided that such subdivision, in the opinion of the
City, is not inconsistent with the purposes of this
Agreement and is approved in writing by the City.

SECTION 502, Mortgagee Not Obligated to Construct.

Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are
intended to be covenants running with the. land, the
holder of any mortgage authorized by the Agreement
(including any such holder who obtains title to the
Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not
including (a) any other party who thereafter obtains
title to the Property or such part from or through such holder or (b) any other purchaser at foreclosure sale
other than the holder of the Mortgage itself) shall in
no wise be obligated by the provisions of the Agreement to construct or complete the Improvements or to
guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in
this Section or any other section or provision of the
Agreement shall be deemed or construed to permit or
authorize any such holder to devote the Property or any part thereof to any uses, or to construct any
improvements thereon, other than those uses or
improvements provided or permitted in the Agreement.

SECTION 503, Copy of Notice of Default to Mortgagee,
Whenever the City shall deliver any notice or demand to the Developer with respect to any breach or default by
the Developer in its obligations or covenants under the Agreement, the City shall at the same time forward a
copy of such notice or demand to each holder of any
mortgage authorized by the Agreement at the last address of such holder shown in the records of the City.
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4.D.a
Packet Pg. 158 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 504. Mortgagee's Option to Cure Defaults,
After any breach or default referred to in Section 503
hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option,
to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the
cost thereof to the mortgage debt and the lien of its
mortgage: Provided, that if the breach or default is
with respect to construction of the Improvements,
nothing contained in this Section or any other section
of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or
action in lieu thereof, to undertake or continue the
construction or completion of the Improvements (beyond
the extent necessary to conserve or protect Improvements or construction already made) without first having
expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on
the Property or the part thereof to which the lien or
title of such holder relates. Any such holder who shall properly complete the Improvements relating to the
Property or applicable part thereof shall be entitled,
upon written request made to the City, to a
certification or certifications by the City to such
effect in the manner provided in Section 207 of the
Agreement, and any such certification shall, if so
requested by such holder, mean and provide that any
remedies or rights with respect to recapture of or
reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Developer or any successor in interest to the
Property, or any part thereof, to cure or remedy any
default with respect to the construction of the Improvements on other parts or parcels of the Property, or because of any other default in or breach of the
Agreement by the Developer or such successor, shall not apply to the part or parcel of the Property to which
such certification relates.

SECTION 505, City's Option to Pay Mortgage Debt or Purchase Property.

In any case, where subsequent to default or breach by
the Developer (or successor in interest) under the
Agreement, the holder of any mortgage on the Property or part thereof
-16-

4.D.a
Packet Pg. 159 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (a) has, but does not exercise, the option to construct or complete the Improvements relating to the
Property or part thereof covered by its mortgage or
to which it has obtained title, and such failure
continues for a period of sixty (60) days after the
holder has been notified or informed of the default
or breach; or
(b) undertakes construction or completion of the
Improvements but does not complete such
construction within the period as agreed upon by
the City and such holder (which period shall in any
event be at least as long as the period prescribed
for such construction or completion in the
Agreement), and such default shall not have been
cured within sixty (60) days after written demand
by the City so to do,
the City shall (and every mortgage instrument made prior to completion of the Improvements with respect to the
Property by the Developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment
of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has
vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof
(as the case may be) upon payment to such holder of an
amount equal to the sum of: (i) the mortgage debt at
the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income
received during foreclosure proceedings); (ii) all
expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead),
incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improvements made by such holder; and (v) an amount equivalent to the interest that would have accrued on
the aggregate of such amounts had all such amounts
become part of the mortgage debt and such debt had
continued in existence.

SECTION 506. City's Option To Cure Mortgage Default.

In the event of a default or breach prior to the completion of the Improvements by the Developer, or any successor in interest, in or of any of its obligations
under, and to the holder of, any mortgage or other
instrument creating an encumbrance or lien upon the
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4.D.a
Packet Pg. 160 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) Property or part thereof, the City may at its option
cure such default or breach, in which case the City
shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be
entitled by the Agreement, operation of law, or
otherwise, to reimbursement from the Developer or
successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a
lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such
reimbursement: Provided, that any such lien shall be
subject always to the lien of (including any lien
contemplated, because of advances yet to be made, by)
any then existing mortgages on the Property authorized
by the Agreement.

SECTION 507. Mortgage and Holder.

For the purposes of the Agreement, the term "mortgage"
shall include a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or
ariy part thereof, as security for a loan. The term
"holder" in reference to a mortgage shall include any
insurer or guarantor of any obligation or condition
secured by such mortgage or deed of trust, including,
but not limited to, the Federal Housing Commissioner,
the Administrator of Veterans Affairs, and any successor in office of either such official.

ARTICLE VI. REMEDIES
SECTION 601. In General.

Except as otherwise provided in the Agreement, in the
event of any default in or breach of the Agreement, or
any of its terms or conditions, by either party hereto, or any successor to such party, such party (or
successor) shall, upon written notice from the other,
proceed immediately to cure or remedy such default or
breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not
taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a
reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its
opinion to cure and remedy such default or breach,
including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations.
-18-

4.D.a
Packet Pg. 161 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 602. Termination by Developer Prior to Conveyance.

In the event that
(a) prior to conveyance of Property, the City breaches
or defaults in performance of any material
provisions of the Agreement, and such breach or
default is not cured within thirty (30) days after
the date of written demand by the Developer; or
(b) the City does not tender conveyance of the
Property, or possession thereof, in the manner and
condition, and by the date, provided in the
Agreement, and any such failure shall not be cured
within thirty (30) days after the date of written
demand by the Developer; or
(c) the Developer shall furnish evidence satisfactory
to the City that it has been unable, after and
despite diligent effort, to obtain an Agreement to
Enter Into a Housing Assistance Payments Contract
for one hundred percent (100%) of the proposed
units and a Final Commitment from HUD for insurance
of construction and permanent financing in an
amount not less than ninety percent (90%) of the
replacement cost as set forth in the Developer's
application to HUD for such commitment, and a loan
commitment for interim and permanent financing in
an amount not exceeding the amount of the HUD Final
Commitment, and the Developer shall, after having
submitted such evidence and if so requested by the
City, continue to make diligent efforts to obtain
such commitment for a period of sixty (60) days
after such request, but without success; or
(d) HUD shall fail to timely disperse any part of funds theretofore committed to Developer,
then the Agreement shall, at the option of the
Developer, be terminated by written notice thereof to
the City, and, except with respect to the return of the Deposit as provided in paragraph (f) Section 3 Part I
hereof, neither the City nor the Developer shall have
any further rights against or liability to the other
under the Agreement.

SECTION 603. Termination by City Prior to Conveyance.

In the event that prior to conveyance of the Property to the Developer and in violation of the Agreement,
(a) the Developer (or any successor in interest)
assigns or attempts to assign the Agreement or
any rights therein, or in the Property; or
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4.D.a
Packet Pg. 162 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (b) there is any change in the ownership or distribution of the stock of the Developer or with respect to the identity of the parties in control
of the Developer or the degree thereof; or
(c) the Developer does not submit Construction Plans,
as required by the Agreement, or (except as excused
under paragraph (3r Section 602 hereof) evidence
that it has the necessary equity capital and
mortgage financing, in satisfactory form and in the
manner and by the dates respectively provided in
the Agreement therefor; or
(d) the Developer does not pay the Purchase Price and
take title to the Property upon tender of
conveyance by the City pursuant to the Agreement,
and if any default or failure referred to in
paragraphs (b) and (c) of this Section 603 shall
not be cured within thirty (30) days after the date
of written demand by the City,
then the Agreement, and any rights. of the Developer, or any assignee or transferee, in the Agreement, or arising therefrom with respect to the City or the Property,
shall, at the option of the City, be terminated by the
City, in which event, as provided in paragraph (e)
Section 3 Part I hereof, the Deposit shall be retained
by the City as liquidated damages and as its property
without any deduction, offset, or recoupment whatsoever, and neither the Developer (or assignee or transferee)
nor the City shall have any further rights against or
liability to the other under the Agreement.

SECTION 604. Revesting Title in City Upon Happening of Event Subsequent to Conveyance to Developer.

In the event that subsequent to conveyance of the
Property or any part thereof to the Developer and prior to completion of the Improvements as certified by the
City,
(a) the Developer (or successor in interest) shall
default in or violate its obligations with respect
to the construction of the Improvements (including
the nature and the dates for the beginning and
completion thereof), or shall abandon or substantially suspend construction work, any such default, violation, abandonment or suspension shall not be
cured, ended, or remedied within three (3) months
after written demand by the City so to do; or
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4.D.a
Packet Pg. 163 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (b) the Developer (or successor in interest) shall fail to pay real estate taxes or assessments on the
Property or any part thereof when due, or shall
place thereon any encumbrance or lien unauthorized
by the Agreement, or shall suffer any levy or
attachment to be made, or any materialmen's or
mechanics' lien, or any other unauthorized
encumbrance or lien to attach, and such taxes or
assessments shall not have been paid, or the
encumbrance or lien removed or discharged or
provision satisfactory to the City made for such
payment, removal, or discharge, within ninety (90)
days after written demand by the City so to do; or
(c) there is, in violation of the Agreement, any
transfer of the Property or any part thereof, or
any change in the ownership or distribution of the
stock of the Developer, or with respect to the
identity of the parties in control of the Developer
or the degree thereof, and such violation shall not
be cured within sixty (60) days after written
demand by the City to the Developer,
then the City shall have the right to reenter and take
possession of the Property and to terminate (and revest in the City) the estate conveyed by the Deed to the
Developer, it being the intent of this provision,
together with other provisions of the Agreement, that
the conveyance of the Property to the Developer shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any
default, failure, violation, or other action or inaction by the Developer specified in paragraphs (a), (b) and
{c) of this Section 604, failure on the part of the
Developer to remedy, end, or abrogate such default,
failure, violation, or other action or inaction, within the period and in the manner stated in such paragraphs, the City at its option may declare a termination
in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the
Deed to the Developer, and that such title and all
rights and interests of the Developer, 'and any assigns or successors in interest to and in the Property, shall revert to the City: Provided, that such condition
subsequent and any revesting of title as a result
thereof in the City
{a) shall always be subject to and limited by, and
shall not defeat, render invalid, or limit in any
way, (i) the lien of any mortgage authorized by the
Agreement, and (ii) any rights or interests
provided in the Agreement for the protection of the
holders of such mortgages; and
-21-

4.D.a
Packet Pg. 164 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (b) shall not apply to individual parts or parcels of
the Property (or, in the case of parts or parcels
leased, the leasehold interest) on which the
Improvements to be constructed thereon have been
completed in accordance with the Agreement and for
which a certificate of completion is issued
therefor as provided in Section 207 hereof.

In addition to, and without in any way limiting the
City's right to reentry as provided for in the preceding sentence, the City shall have the right to retain the
Deposit, as provided in paragraph ( d) Section 3 Part I hereof, without any deduction, offset, or recoupment
whatsoever, in the event of a default, violation or
failure of the Developer as specified in the preceding
sentence.

SECTION 605. Resale of Reacquired Property; Disposition of Proceeds.

Upon the revesting in the City of title to the Property or any part thereof as provided in Section 604, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part
thereof (subject to such mortgage liens and leasehold
interests as in Section 604 set forth and provided) as
soon and in such manner as the City shall find feasible and consistent with the objectives of such law to a
qualified and responsible party or parties (as
determined by the City) who will assume the obligation
of making or completing the Improvements or such other
improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for
such Property or part thereof in the Agreement. Upon
such resale of the Property, the proceeds thereof shall be applied:
(a) First, to reimburse the City for all costs and
expenses incurred by the City including, but not
limited to, salaries of personnel in connection with
the recapture, management, and resale of the
Property or part thereof (but less any income
derived by the City from the Property or part
thereof in connection with such management); all
taxes, assessments, water and sewer charges with
respect to the Property or part thereof (or, in the
event the Property is exempt from taxation or
assessment or such charges during the period of
ownership thereof by the City, an amount, if paid,
equal to such taxes, assessments, or charges as
would have been payable if the Property were not so
exempt); any payments made or necessary to be made
to discharge any encumbrances or liens existing on
the Property or part thereof at the time of
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4.D.a
Packet Pg. 165 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Developer, its successors or transferees; any expenditures made or
obligations incurred with respect to the making or
completion of the Improvements or any part thereof
on the Property or part thereof; and any amounts
otherwise owing the City by the Developer and its
successor or transferee; and
(b) Second, to reimburse the Developer, its successor
or transferee, up to the amount equal to ( l) the
sum of the Purchase Price paid by it for the
Property (or allocable to the part thereof) and the
cash actually invested by it in making any of the
Improvements on the Property or part thereof, less
(2) any gains or income withdrawn or made by it
from the Agreement or the Property.

Any balance remaining after such reimbursements shall be retained by the City as its property.

SECTION 606. Other Rights and Remedies of City; No Waiver by Delay.

The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purpose of this Article VI including also the right to execute and record or file among the public land
records in the office in which the Deed is recorded a
written declaration of the termination of all the right, title, and interest of the Developer, and (except for
such individual parts or parcels upon which construction of that part of the Improvements required to be
constructed thereon has been completed, in accordance
with the Agreement, and for which a certificate of completion as provided in Section 207 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 604 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided,
that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting
its rights under this Article VI shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained--so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise--to exercise such -23-

4.D.a
Packet Pg. 166 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) remedy at a time when it may still hope otherwise to
resolve the problems created by the default involved);
nor shall any waiver in fact made by the City with
respect to any specific default by the Developer under
this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Developer under this Section or with respect to the particular default except to the extent specifically
waived in writing.

SECTION 607. Enforced Delay in Performance for Causes Beyond Control of Party.

For the purpose of any of the provisions of the
Agreement, neither the City nor the Developer, as the
case may be, nor any successor in interest, shall be
considered in breach of, or default in, its obligations with respect to the preparation of the Property for
development, or the beginning and completion of
construction of the Improvements, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of
the public enemy, acts of the Federal Government, acts
of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such
causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City with respect to the preparation of the Property for development or of the Developer with respect to construction of the Improvements, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, that the
party seeking the benefit of the provisions of this
Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the
other party thereof in writing, and of the cause or
causes thereof, and request an extension for the period of the enforced delay.

SECTION 608. Rights and Remedies Cumulative.

The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be
cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise -24-

4.D.a
Packet Pg. 167 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other
party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any
obligation of the other party or any condition to its
own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those
expressly waived in writing and to the extent thereof,
or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party.

SECTION 609, Party in Position of Surety With Respect to Obligations.

The Developer, for itself and its successors and
assigns, and for all other persons who are or who shall become, whether by express or implied assumption or
otherwise, liable upon or subject to any obligation or
burden under the Agreement, hereby waives, to the
fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the
position of a surety, whether real, personal, or
otherwise or whether by agreement or operation of law,
including, without limitation on the generality of the
foregoing, any and all claims and defenses based upon
extension of time, indulgence, or modification of terms of the Agreement.

ARTICLE VII, MISCELLANEOUS
SECTION 701, Conflict in Interests; City Representatives Not Individually Liable.

No member, official, or employee of the City shall have any personal interest, direct or indirect, in the
Agreement, nor shall any such member, official, or
employee participate in any decision relating to the
Agreement which affects his or her personal interests or the interests of any corporation, partnership, or
association in which he or she is, directly or
indirectly, interested. No member, official, or
employee of the City shall be personally liable to the
Developer, or any successor in interest, in the event of any default or breach by the City or for any amount
which may become due to the Developer or successor or on any obligations under the terms of the Agreement.
-25-

4.D.a
Packet Pg. 168 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) SECTION 702. Equal Employment Opportunity.

The Developer, for itself and its successors and
assigns, agrees that during the construction of the
Improvements provided for in the Agreement:
(a) The Developer will not discriminate against any
employee or applicant for employment because of
race, color, ancestry, national origin, religious
creed, age, sex, marital status, medical condition
(related to cancer only), or physical handicap.

The Developer will take affirmative action to
insure that applicants are employed, and that
employees are treated during employment, without
regard to their race, color, ancestry, national
origin, religious creed, age, sex, marital status,
medical condition (related to cancer only), or
physical handicap. Such action shali include, but
,not be limited to, the following: employment;
upgrading; demotion or transfer; recruitment or
recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and
selection for training, including apprenticeship.

The Developer agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination
clause.
(b) The Developer will, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, ancestry, national
origin, religious creed·, age, sex, marital status,
medical condition (related to cancer only), or
physical handicap.
(c) The Developer will send to each labor union or
representative of workers with which the Developer
has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative
of the Developer's commitments under Section 202 of
Executive Order 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous
places available to employees and applicants for
employment.
-26-

4.D.a
Packet Pg. 169 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) (d) The Developer will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the
Secretary of Labor.
(e) The Developer will furnish all information and
reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations,
and orders of the Secretary of Labor or the
Secretary of Housing and Urban Development pursuant
thereto, and will permit access to the Developer's
books, records, and accounts by the City, the
Secretary of Housing and Urban Development, and the
Se9retary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations,
and orders.
( f) In the event of the Developer's noncompliance with the nondiscrimination clause of this Section, or
with any of the said rules, regulations or orders,
the Agreement may be canceled, terminated, or suspended in whole or in part and the Developer may be declared ineligible for further Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Developer will include the provisions of
paragraphs (a) through (g) of this Section in every
contract or purchase order, and will require the
inclusion of these provisions in every subcontract
entered into by any of its contractors, unless
exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, so
that such provisions will be binding upon each such
contractor, subcontractor, or vendor, as the case
may be. The Developer will take such action with
respect to any construction contract, subcontract,
or purchase order as the City or thB Department of
Housing and Urban Development may direct as a means
of enforcing such provisions, including sanctions
for noncompliance: Provided, however, that in the
event the Developer becomes involved in, or is
threatened with, litigation with a subcontractor or
-27-

4.D.a
Packet Pg. 170 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) vendor as a result of such direction by the City or
the Department of Housing and Urban Development,
the Developer may request the United States to
enter into such litigation to protect the interests
of the United States. For the purpose of including
such provisions in any construction contract, subcontract, or purchase order, as required hereby, the first three lines of this Section shall be
changed to read "During the performance of this
Contract, the Contractor agrees as follows:" and
the term "Developer" shall be changed to
"Contractor. 11
SECTION 703. Provisions Not Merged With Deed.

None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transferring
title to the Property from the City to the Developer or any successor in interest, and any such deed shall not
be deemed to affect or impair the provisions and
covenants of the Agreement.

SECTION 704. Titles of Articles and Sections.

Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of
reference only and shall be disregarded in construing or interpreting any of its provisions.
-28-

4.D.a
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4.D.a
Packet Pg. 172 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ATTACHMENT NO. 2

LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:

Lots 15 and 16 in Block "E" of Ocean Spray Tract, in the City of Santa Monica, as per map recorded in Book 19 Page 83 of Miscellaneous Records, in the office of the County Recorder, County of Los Angeles, State of California.

PARCEL 2:

Lots 12 and 13 in Block "F" of Ocean Spray Tract, in the City of Santa Monica, as per map recorded in Book 19 Page 83 of Miscellaneous Records, in the office of the County Recorder, County of Los Angeles, State of California.

4.D.a
Packet Pg. 173 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ATTACHMENT NO, 3

SCHEDULE OF PERFORMANCE
City is aware and acknowledges that Developer will perform the following events subject to other agencies over which it has no control, and while the City and Developer have each exercised their best judgment in establishing the following schedule, there may arise unavoidable delays in the performance required. Accordingly, the City and the Developer agree that (a) each of the following events shall be merely conditions to the performance otherwise required of a party and not covenants; (b) that such delays caused without fault of a party shall automatically extend the times or subsequent performance by a like period as the time delay; and, (c) such delays caused through the fault of a party shall, at the election of the party not at fault, be deemed to extend such parties' time for subsequent performance by a like period as the time of delay.

SCHEDULE
Execution of Agreement
Agreement authorized, executed
and delivered to Developer by
City.

Submission and Approval -
Basic Concept Drawings
Developer shall have submitted
to the City and the City shall
have approved the Basic Concept
Drawings,
Approval - All Required
Variances
Developer will obtain
all required variances; i.e.,
,Santa Monica City Zoning.

Submission - Basic Concept
Drawings to HUD
The Developer shall submit
Basic Concept Drawings to HUD,
Approval - Basic Concept
Drawings to HUD
HUD will approve or disapprove
Basic Concept Drawings.

TIME OF PERFORMANCE
Within ten (10) days after the
Agreement is approved by the City.

Concurrent with submission of the
Agreement.

Within sixty (60) days following
execution of the Agreement.

Concurrent with execution of the
Agreement.

Within ninety (90) days following
submission of Basic Concept Drawings.

4.D.a
Packet Pg. 174 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas)

SCHEDULE
Submission - Documents for HUD
Conditional Finance Commitment
Developer shall submit all
related documents requested by
HUD for the purpose of a Conditional Finance Commitment.

Approval - HUD Conditional
Finance Commitment
HUD will approve or disapprove
Conditional Financing for
project.

Submission - Coastal Commission
Permit
Developer shall prepare and
submit application for permit
to the Coastal Commission.

Approval - Coastal Commission
Permit
The Coastal Commission shall
approve or disapprove the permit
application.

Submission-Preliminary Design
and Preliminary .Construction
Drawings and Landscape Plan
Developer shall prepare and
submit to the City Preliminary
Design and Preliminary Construction Drawings and Landscape Plan.

Approval-Preliminary Drawings
and' Landscape Plan
City shall approve or disapprove
the Preliminary Construction
Drawings and Landscape Plan.
"Approval-HUD Firm Finance
Commitment
HUD will approve or disapprove
Firm Finance Commitment for
project.
-2-

TIME OF PERFORMANCE
Within ninety (90) days following
receipt·of City and HUD approval
of Basic Concept Drawings.

Within ninety (90) days following
submission of documents for HUD
Conditional Finance Commitment.

Within thirty (30) days following
receipt of City and HUD approval
of Basic Concept Drawings.

Within sixty (60) days following
submission of application.

Within sixty (60) days following
receipt of Coastal Commission
permit approval.

Within thirty (30) days following
receipt by City.

Within ninety (90) days following
approval by the City of Preliminary
Construction Drawings and Landscape
Plan.

4.D.a
Packet Pg. 175 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas)

SCHEDULE
Submission-Final Construction
Drawings and Landscaping Plan
The Developer shall prepare
and submit to City Final Construction Drawings, Final Landscape Plan, Finish Grading and Parking Plans: to include
correction and resubmittal,
Approval-Final Drawings and
Plans
After securing approval of Final
Drawings and Plans from the City
Building Department in the form
of appropriate building permits,
the City Council shall approve
or disapprove Final Drawings,
Final Landscaping, Finish
Grading and Parking Plans.

Submission-Evidence of Equity
Capital and HUD Mortgage
Financing
Developer shall submit to the
City satisfactory evidence that
Developer has the necessary
equity capital and HUD mortgage
financing commitments for the
construction of the Improvements.

Opening of Escrow
City shall open an escrow with
escrow agent.

Conveyance of Title
City shall convey title to
Developer, and Developer
shall accept conveyance of
parcels.

Commencement of Construction
Developer shall commence construction of the Improvements.

Completion of Construction
Developer shall complete the
construction of the Improvements.

TIME OF PERFORMANCE
Within one hundred twenty (120) days
following approval by the City of
the Preliminary Drawings and
Landscape Plan.

Within thirty (30) days following
issuance of valid building permits
secured from City Building Department.

Within thirty (30) days following
approval by the City of Final
Construction Drawings.

Within five (5) days following receipt
of written request from Developer,
but in any event no later than
January 1, 198 2,
Within (i) thirty (30) days following
opening of escrow, (ii) by February 1,
1982, or (iii) at time of availability
of mortgage funds by HUD, whichever
is later.

Within thirty (30) days following
conveyance of title.

Within three hundred sixty-five (365)
days following commencement of construction, notwithstanding terms of this Agreement.
-3-

4.D.a
Packet Pg. 176 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) ATTACHMENT NO. 4

SCOPE OF DEVELOPMENT
Land Use and Design Objectives
The Developer shall develop the Property .for high density multifamily rental housing for low and moderate income families pursuant to Section 8 of the National Housing Act. Said housing shall consist of townhouse apartments. The development shall show a high quality of site planning and architectural design which provides for individual and family privacy and a pleasing, safe and well-maintained residential environment. The complex of apartments shall maintain certain unifying characteristics of structure, materials, color and landscaping which identify all elements of the development as part of a larger single entity and, in turn, compatible with the total Ocean Park neighborhood.

All structures shall comply with the Minimum Property Standards of the Federal Housing Administration.

Building Controls
The Developer shall construct residential buildings with a total of twenty-four (24) dwelling units on the Property. The buildings shall be no more than two (2) stories in height over parking. The amount of land which may be covered by buildings shall not exceed fifty-five percent (55%) of the site area. The ratio of gross floor area of buildings to the parcel area upon which they are situated shall not exceed 1.5 to l.

The minimum setback from all property lines shall be as follows:
5 feet from north property line
5 feet from south property line
8 feet from east property line
8 feet from west property line
Parking
Developer shall provide a minimum of forty (40) spaces of on-site underground parking for the entire development. All parking areas shall be designed and improved in accordance with applicable sections of the Santa Monica Municipal Code.

Solar Hot Water System
The Developer will use its best efforts to secure financing from HUD for an active solar hot water system.

4.D.a
Packet Pg. 177 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) Landscaping
All areas of the Property that are not used for buildings, driveways and parking shall be professionally landscaped and maintained. A permanent water sprinkler system shall be provided in all landscaped areas to ensure proper maintenance.

Refuse
Enclosed refuse areas shall be provided at loc.ations convenient for all dwelling units.

Utilities
All electrical, telephone, C.A.T.V. and similar utility services, wires or cables which provide direct service to the Property and are within the exterior boundary line of said Property shall be installed underground. No mechanical equipment or meters will be left exposed in yard areas or on roofs. (Plumbing stacks and heating and ventilation vents are permitted to project through roof or walls.)
Signs
The City
cation.
approval
shall permit only those signs necessary for identifiAll signing or identification will be subject to the of the City.

Open Space
Forty-five percent (45%) of the site will be usable for recreational activities. Tot lots will be provided for young children and will include playground equipment and sandboxes.
-2-

4.D.a
Packet Pg. 178 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) AMENDMENT NUMBER 1
That certain Agreement For Sale of Land For
Private Development, By and Between The City of Santa
Monica (the "City") and Ocean Park Villas, a limited
partnership organized and existing under the laws of the State of California (the "Developer") adopted February
14, 1981, together with its Attachments numbered 1
through 4, (collectively the "Agreement"), concerning
that certain property located in the City of Santa
Monica, County of Los Angeles, State of California,
which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this
reference is hereby amended and it is hereby declared as follows:

Part I, Section 1, Page 2 (Sale: Purchase Price).

Section 1 is hereby deleted in its entirety and
the following new Section 1 is hereby added:

Subject to all the terms, covenants,
and conditions of the Agreement, including
but not limited to Section B(a) (ii), the
City agrees to sell the Property to the
Developer for, and the Developer agrees to
purchase the Property from the Agency and
pay therefor, the amount of Three Hundred
Thirty Thousand, Nine Hundred Seventy-Nine
Dollars ($330,979.00) allowed by the HUD for
land costs.

4.D.a
Packet Pg. 179 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) In Witness Whereof, the City and the Developer
have signed this Amendment as of the dates set opposite their signatures.

July '-Z-4 , 1982
July}/fp , 1982
APPROVED AS TO FORM:
ftr(...,r4...;t·- t,,.-. i-.-~--~~--.

ROBERT M. MYERS \;
City Attorney
July /f, 1982
July , 1982
City of Santa Monica
nager
Mayor
Developer:

Ocean Park Villas, a
limited partnership
By-----------

4.D.a
Packet Pg. 180 Attachment: Land Sale Agreement - Ocean Park Villas (6949 : Ocean Park Villas) AMENDMENT NUMBER 2

AMENDMENT TO AGREEMENT FOR

SALE OF LAND FOR PRIVATE DEVELOPMENT

BY AND BETWEEN

CITY OF SANTA MONICA
AND

OCEAN PARK VILLAS
Whereas, the City of Santa Monica (hereinafter "City") and Ocean Park Vil las (hereinafter "Developer") entered into an Agreement for Sale of Land for Private Development (hereinafter "Agreement") dated February 23, 1981, for the purchase of certain land in the City of Santa Monica (hereinafter "project site"); Whereas, under the terms of said Agreement, it was contemplated that Developer would obtain a loan for the construction of low and moderate income housing on the project site, said loan to be insured by the Secretary of Housing and Urban Development (hereinafter "Secretary");
Whereas, on July 15, 1982, the Secretary issued to Active Mortgage Corporation an amended Commitment for Insurance of Advances which committed the Secretary, in accordance with its terms and upon satisfaction of certain conditions, to endorse for insurance a mortgage note in the amount of $1,557,000.00 to be secured by a mortgage on the project site and the project designated as FHA Project No. 122-35547 to be constructed thereon;
Now, Therefore, in order to induce the Secretary to insure said mortgage note in accordance with the Regulations of the Department of Housing and Urban Development (hereinafter "Department"), the parties hereto agree to amend the Agreement as follows:

1. Notwithstanding anything in the Agreement to the contrary, in the event that any provision of the Agreement in any way tends to contradict, modify or in any way change the terms of the Regulatory Agreement encumbering the project, entered into between the Secretary and the Developer, the terms of the Regulatory Agreement shall prevail and govern and said Agreement shall be subordinate to the U.S. Housing Act of 1937; or if any provision of the Agreement in any way tends to 1 imit the Department in its administration of the National Housing Act, as amended, or the regulations and instructions issued pursuant thereto, the Agreement shall be deemed amended so as to comply with the National Housing Act.

2. In the event that the Secretary, or his successors in office, shall acquire title to the project and the project site, through the operation of his contract of mortgage insurance, either by foreclosure or deed in lieu of foreclosure, the City shall have 90 days from the date of acquisition by the Secretary, or his successors in office, upon terms and conditions as approved by the Secretary, within which to exercise its right to purchase under Section 8(a)(ii) of the Agreement.

Should the City fail to exercise its option to purchase, within the 90 day period or such period as it may be extended at the sole discretion of the Secretary, the option to purchase shall be null and void.

3. The City hereby agrees that its right to reenter and take control of the project site under the terms of Section 604 of the Agreement is subject and subordinate to the rights of the Secretary, or the holder of any mortgage insured by the Secretary, under the terms of the Mortgage, the Regulatory Agreement, the