Agenda packet — Santa Monica City Council, April 8, 2025 (part 1 of 7)

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
OLIVER C. CHI

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY
NIKIMA S. 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: 7/23/2025 3:31 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(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.
- In-person: 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. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.

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 if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.

Except for the author of the request, public comment on 15-items are limited to 1 minute.

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 and on Special
Agenda Items.)

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

3. Public Comment for Consent Calendar and Closed
Sessions Only.

4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)

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 (No public comment is
permitted on second readings.)

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: 7/23/2025 3:31 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR AND SPECIAL MEETING
.CITY HALL COUNCIL CHAMBERS.
1685 MAIN STREET, ROOM 250, SANTA

MONICA, CA, AND TELECONFERENCE SITE
IN CRESTED BUTTE, CO 81224
TUESDAY, APRIL 8, 2025
MEETING BEGINS AT 5:30 PM

HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.

Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

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

1.A. Written Comments
City of Santa Monica Generated: 7/23/2025 3:31 PM Page 4

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Earth Day

2.B. Commendation: Holocaust Survivors - Continued to next regular meeting

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. Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2024 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the Annual Comprehensive Financial Report is not a “project” subject to the California Environmental Quality Act (CEQA), and

2. Receive and file the City’s Annual Comprehensive Financial Report (ACFR), the Auditors’ Letter to Council, and the Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards for the City’s financial statements for the fiscal year ended June 30, 2024.

4.B. Adoption of Sustainable Communities Planning Grant Resolution for the Santa Monica Neighborhood Greenways Quick-build project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines.

2. Adopt the attached resolution authorizing the City Manager to accept a grant awarded in the amount of $875,552, with no required local match, from the Southern California Association of Governments’ (SCAG) Sustainable Communities Program – Active Transportation and Safety, and authorize the Interim City Manager to negotiate and execute a Memorandum of Understanding with SCAG for the Santa Monica Neighborhood Greenways Project.

4.C. Approval of First Modification to Agreement with Genuine Parts Company (dba NAPA Auto Parts) for Parts Room Inventory and Logistics Management City of Santa Monica Generated: 7/23/2025 3:31 PM 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; and

2. Authorize the City Manager to negotiate and execute a first modification to Agreement #11110 in the amount of $11,220,000 (including a 10% contingency) over five years with Genuine Parts Company, dba NAPA Auto Parts (NAPA), for Vendor Managed Inventory and Logistics Management Solution for the Public Works Department. This will result in a ten-year amended agreement with a new total amount not to exceed $19,470,000 (including a 10% contingency) with future year funding contingent on Council budget approval.

4.D. Adoption of a Resolution Approving Final Parcel Map No. 84333 for the Subdivision of 1230 Ashland Avenue
Recommended Action
Staff recommends that the City Council take the following actions:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the attached resolution approving Final Parcel Map No. 84333.

4.E. Second Reading and Adoption of an Ordinance Amending Municipal Code Section 11.04.050 Concerning Limitations on Campaign Contributions Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.F. Second Reading and Adoption of an Ordinance Amending Municipal Code Section 2.32.290 Prohibiting Acceptance of Gratuities
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.G. Award As-Needed Agreement to CBRE Brokerage Services to Sell City-Owned Properties at 1632-40 5th Street and 1654 19th Street
Recommended Action
Staff recommends that the City Council:

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

2. Award RFP# 434 to CBRE for real estate brokerage services for the Community Development Department; and

3. Authorize the City Manager to negotiate and execute a multi-year agreement with CBRE for disposition of real property services, for a total fee amount not to exceed $2 million, based on a sliding commission fee schedule determined City of Santa Monica Generated: 7/23/2025 3:31 PM Page 6 by the final price of each transaction with future year funding contingent on Council budget approval.

4.H. Second Reading and Adoption 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.I. Authorize the Procurement Manager to Issue Purchase Orders to Temporary Staffing Agencies - New Item Received 6/20/2025
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the purchase orders are not a “project” subject to the California Environmental Quality Act (CEQA)

2. Award RFP #403 to 22nd Century Technologies, Inc.; Abacus Service Corporation; AppleOne, Inc. DBA AppleOne Employment Services; CathyJon Enterprises, Inc. DBA HB Staffing; Compunnel Software Group, Inc. DBA Compunnel, Inc.; and Tryfacta, Inc. for temporary staffing services;

3. Authorize the Procurement Manager to issue purchase orders with 22nd Century Technologies, Inc.; Abacus Service Corporation; AppleOne, Inc. DBA AppleOne Employment Services; CathyJon Enterprises, Inc. DBA HB Staffing; Compunnel Software Group, Inc., DBA Compunnel, Inc.; and Tryfacta, Inc., for temporary staffing for five years, for a total aggregate amount not to exceed $12,210,200.

4. 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.

4.J. City Council - Regular and Special Meeting - Feb 11, 2025 5:30 PM - New Item Received 6/20/2025

4.K. City Council - Regular Meeting - Mar 11, 2025 5:30 PM - New Item Received 6/20/2025

4.L. City Council - Special Meeting - Mar 11, 2025 5:35 PM - New Item Received 6/20/2025

5. CLOSED SESSIONS

5.A. 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 - New Item Received 6/20/2025 City of Santa Monica Generated: 7/23/2025 3:31 PM Page 7

5.B. Conference with legal counsel – initiation of litigation – Gov. Code § 54956.9(d)(4): 1 case - New Item Received 6/20/2025

5.C. Conference with labor negotiator – Gov. Code § 54957.6: agency designated representatives: Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units: Administrative Team Associates (ATA), AFSCME Local 4819- Management Team Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785 (SMART TD) - New Item Received 6/20/2025
The following is the order of business for items to be heard no earlier than 7:00 p.m.

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
No items

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.)

10.A. Introduction and First Reading of Ordinance Updating Public Nuisance Abatement and Administrative Citation Codes
City of Santa Monica Generated: 7/23/2025 3:31 PM Page 8 Recommended Action
Staff recommends that the City Council:

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

2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by amending Chapter 13.06, Abatement of Nuisances, to add new classes of violations which may be deemed public nuisances, and amend Chapter 1.09. Administrative Citations, adding a new definition of responsible party, making clear the requirements for certain steps to be taken to align with Government Code 53069.4, defining required service procedures for administrative citations, and providing new incentives for violators to bring correctable violations into compliance.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
. SPECIAL MEETING OF THE HOUSING AUTHORITY
. ROLL CALL

12.A. Public Hearing and Adoption of Santa Monica Housing Authority Draft 5-Year Plan Fiscal Year 2025, the 2025-26 Annual and Administrative Plans Recommended Action
Staff recommends the Santa Monica Housing Authority Board:

1. Hold a public hearing and receive public comment

2. Adopt the Santa Monica Housing Authority 5-Year Plan Fiscal Year (FY) 2025 for FY 2025-2030

3. Adopt the FY 2025-2026 Annual Plan for the previous 5-Year Plan FY 2020- 2025

4. Adopt the FY 2025-2026 Santa Monica Housing Authority Administrative Plan

5. Authorize the Submission of the FY 2025-2026 PHA plan which consists of the 5-Year Plan FY 2025, the Annual Plan FY 2025-26, and Administrative Plan to the United States Department of Housing and Urban Development (HUD)

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.
. ADJOURNMENT OF SPECIAL MEETING

13. REPORTS OF BOARDS AND COMMISSIONS
No items
City of Santa Monica Generated: 7/23/2025 3:31 PM Page 9

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Recommendation to rescind the March 25, 2025, appointment of Yolanda Mickens to the Housing Authority Board; and, consider new appointment to the vacancy on the Board with a term ending June 30, 2026 - New Item Received 6/20/2025

16.B. Request by Mayor Negrete and Councilmember Zwick for the City Attorney and City Manager to analyze using Measure K/PSK funds to aggregate and produce a dashboard on the City’s website for the public to view the CAO criminal prosecution data. - New Item Received 6/20/2025

16.C. Request of Mayor Negrete and Councilmembers Zwick and Zernitskaya that the City Council direct the City Manager and City Attorney, due to public safety concerns, to explore the ability of the City of Santa Monica to establish a night time curfew for Santa Monica State Beach with California State Parks and the California Coastal Commission and report back to Council with options for closure. - New Item Received 6/20/2025

16.D. Request by Mayor Negrete and Councilmember Zwick to build on direction provided by Council at the March 8, 2025 budget workshop to direct the City Manager and City Attorney to provide information to the Council concerning the City’s Hybrid Workplace Policy, including what positions are permitted to do hybrid work, how many and to what extent employees utilize hybrid work, and how the city ensures its remote workforce remains collaborative, productive, and responsive to residents’ needs, and provide information on what the hybrid work policies are for comparable jurisdictions, and report back on changes the city has made to its policy based on this review. - New Item Received 6/20/2025

16.E. Request of Councilmember Zwick that the City Council approve the City taking a support position on SB 79 (Wiener) Planning and zoning: housing development: transit-oriented development and direct the City Manager to notify the City’s contract lobbyist and ensure a letter stating the City’s position on the legislation is prepared to inform state Assemblymember Rick Zbur and state Senator Ben Allen. (Attachment: SB 79 text) - New Item Received 6/20/2025
City of Santa Monica Generated: 7/23/2025 3:31 PM Page 10

16.F. 5. Request of Councilmember Zwick that the City Council approve the City taking a Support position on SB 677 (Wiener) Housing development:
streamlined approvals, which seeks to streamline approvals for housing development, and direct the City Manager to notify the City’s contract lobbyist and ensure a letter stating the City’s position on the legislation the state Assemblymember Rick Zbur and state Senator Ben Allen. (Attachment: SB 677) - New Item Received 6/20/2025

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 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: April 8, 2025
Agenda Item: 1.A
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

1.A
Packet Pg. 11
1 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, April 8, 2025 3:00 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Banks II

EXTERNAL
When BANKS close their lobby doors and give up in the core of our Downtown, you know the Mayor and City Council-members have lost control of open drug sales and use. Our Mayor doesn't hold homeless services providers accountable for how they spend millions of our tax dollars and increased sales taxes charged to consumers.

When BANKS close their lobby doors and give up in the core of our Downtown, you know the Mayor and City Council-members have lost control of open drug sales and use. Our Mayor doesn't hold homeless services providers accountable for how they spend millions of our tax dollars and increased sales taxes charged to consumers.

Insta
https://www.instagram.com/reel/DIMrB-vCeie/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/nTuYlkmfU28
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1.A.a
Packet Pg. 12
Attachment: Written Comments [Revision 1] (7033 : Written Comments) 2 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, April 8, 2025 2:54 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Banks

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1.A.a
Packet Pg. 13
Attachment: Written Comments [Revision 1] (7033 : Written Comments) 3 David Yakobson
From: Tony Huizar <[email protected]>
Sent: Tuesday, April 8, 2025 12:01 PM
To: councilmtgitems
Cc: PNA90404
Subject: Please fund and vote against the sale of the Fairview Branch Library

EXTERNAL
Dear Mayor Negrete and Members of the Santa Monica City Council, On behalf of the Pico Neighborhood Association, I write to express our strong support for preserving the Fairview Branch Library and to voice our opposition to any proposal to sell the land it sits on.

In this moment of political division and cultural unrest, our focus should be on building community—not dismantling it one public institution at a time. The Fairview Branch Library is more than a building; it’s a vital resource for children, students, elders, and families. Closing or selling it would be a profound loss for the neighborhood and the city as a whole.

This past weekend, “Hands Off” rallies took place across the country in defense of public institutions like libraries. And right here in Santa Monica, the community gathered for the March for Humanity on Saturday, March 22. These actions reflect a growing call for justice, equity, and unity—a call we cannot ignore.

As residents of the Pico Neighborhood, we understand firsthand what it means to go without a local library. The effort to bring a library to Virginia Avenue Park was a hard-fought community victory. We deeply empathize with our neighbors in Sunset Park, who now find themselves fighting to keep access to the Fairview Branch.

We urge the City Council to realign the city budget with the priorities of its residents. Specifically, we ask that you:
 Redirect funds currently being used to fight the California Voting Rights Act (CVRA) in court  End the costly legal opposition to district-based elections  Reinvest those resources into sustaining and strengthening our libraries This is an opportunity for the City Council to stand with its constituents—not in conflict—by choosing to support the institutions that bind us together.

The Pico Neighborhood Association stands in full solidarity with the Friends of Sunset Park, the North of Montana Association, the Friends of the Santa Monica Public Library, and the broader community. With public education under attack and ethnic studies programs being rolled back nationwide, we must defend inclusive spaces of learning now more than ever.

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1.A.a
Packet Pg. 14
Attachment: Written Comments [Revision 1] (7033 : Written Comments) 4 Let’s move forward together, with our future generations in mind.

Let’s invest in what strengthens us.

Let’s preserve the Fairview Branch Library.

Sincerely,
Tony Huizar on behalf of
Pico Neighborhood Association, board of directors
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1.A.a
Packet Pg. 15
Attachment: Written Comments [Revision 1] (7033 : Written Comments) 1 David Yakobson
From: Ryland Bacorn <[email protected]>
Sent: Tuesday, April 8, 2025 11:59 AM
To: councilmtgitems
Subject: Recycling in the city

EXTERNAL
Hello City of Santa Monica,
Laminated cartons are one of the primary recyclable products we buy at all of our lovely grocery stores.

But the city yards don't have a buyer for this product. Despite this product being recyclable it all just ends up in the landfill.

As a city that is espouses eco-friendliness, it should be an important part of the city's plan to live up to these standards.

Please work with the city yards to find buyers for the recyclable laminated cartons that package many of the goods we buy in our city.

Thank you,
Ryland Bacorn
Sunset Park
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1.A.a
Packet Pg. 16
Attachment: Written Comments [Revision 1] (7033 : Written Comments) 1 David Yakobson
From: Francisco Juarez <[email protected]>
Sent: Tuesday, April 8, 2025 9:38 AM
To: councilmtgitems
Cc: Robert Merchant; Veteran Sal Grammatico; [email protected] Subject: WHAT PART OF DISABLED OR PERMANENT IS NOT UNDERSTOOD?

EXTERNAL
Honorable SM City Councilmembers,
Please, protect our right to set up popups, tables, chairs, and shade atop of Parking Lot No. 8 on MEMORIAL DAY, May 26th, because, as previously stated, we intend to use our land for its deeded purpose.

As stated, here in Public Input, 2-months ago, our MEMORIAL DAY barbecue on the deed-restricted beachfront property is for the residents, patients and the Veteran Family of the National Home for Disabled Veterans and this event is, now, in its final planning stages.

This Council has not reached out to us, as if there is no concern or objection.

Again, the beachfront property is legally and specifically deeded for the "permanent" enjoyment and healing of all Disabled Veteran residents and patients of the, inland, National Home.

You all know that we have gone through this with City and we have the paper trail, including an official Chicago Title Search, that supports our claim.

Your City Manager and City Attorney used the $10,000 USD of taxpayer funds, money that you commissioned, to fabricate an interpretation by an unidentified entity, without producing an official hardcopy Search document for public review. The best the city manager could do is to try and convince us that the deeded beachfront property is on a different part of the bluff.

That amounts to fraudulent and irresponsible behavior by City that a forthright, even mildly, patriotic Council would concern itself with.

Unfortunately, the underlying sentiment comes across as "we must silence and ignore the Veteran advocates and sweep this beachfront property under the rug." Let's discuss it over barbecue. You and your Veteran Family constuients are all invited.

You may even consider helping us.

Some public funds, not $10,000, would show good faith on your part and offset the volunteer cost of barbecue and shuttle service.

FRANCISCO JUAREZ
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1.A.a
Packet Pg. 17
Attachment: Written Comments [Revision 1] (7033 : Written Comments) 3 David Yakobson
From: Alfred Areyan <[email protected]>
Sent: Tuesday, April 8, 2025 10:38 AM
To: Francisco Juarez
Cc: councilmtgitems; Robert Merchant; Veteran Sal Grammatico; [email protected] Subject: Re: WHAT PART OF DISABLED OR PERMANENT IS NOT UNDERSTOOD?

EXTERNAL
San Monica, council you should all support our veterans memorial day. This is the day to thank God, for our freedom, we will never forget the cost of freedom, we our the (NHDVS coalition,) we are the (VOICE) for our fallen Heroes.

And there family's. Come one, come ALL, (Remember) the (Truth will set you freedom.) On Tue, Apr 8, 2025, 9:38 AM Francisco Juarez <[email protected]> wrote:

Honorable SM City Councilmembers,
Please, protect our right to set up popups, tables, chairs, and shade atop of Parking Lot No. 8 on MEMORIAL DAY, May 26th, because, as previously stated, we intend to use our land for its deeded purpose.

This Council has not reached out to us, as if there is no concern or objection.

Again, the beachfront property is legally and specifically deeded for the "permanent" enjoyment and healing of all Disabled Veteran residents and patients of the, inland, National Home.

You all know that we have gone through this with City and we have the paper trail, including an official Chicago Title Search, that supports our claim.

That amounts to fraudulent and irresponsible behavior by City that a forthright, even mildly, patriotic Council would concern itself with.

Unfortunately, the underlying sentiment comes across as "we must silence and ignore the Veteran advocates and sweep this beachfront property under the rug." Item 1
April 8, 2025
Item 1
April 8, 2025

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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 4 Let's discuss it over barbecue. You and your Veteran Family constuients are all invited.

You may even consider helping us.

Some public funds, not $10,000, would show good faith on your part and offset the volunteer cost of barbecue and shuttle service.

FRANCISCO JUAREZ

VETERAN
628 GRANT ST. B
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 1 David Yakobson
From: Cathy Larson <[email protected]>
Sent: Tuesday, April 8, 2025 12:33 AM
To: councilmtgitems
Subject: FW: SAVE the Fairview Library

The value of having a Library in your neighborhood? Priceless.

Please fully re-open, NOT sell, the Fairview Library.

Cathy Larson
Sunset Park Resident
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 2 David Yakobson
From: Melanie O <[email protected]>
Sent: Monday, April 7, 2025 11:04 PM
To: councilmtgitems
Subject: Fairview Library closure opposition

EXTERNAL
To the Santa Monica City Council,
I am writing to express my deep concern and opposition to the proposed closure of the Fairview Branch Library.

As a first-time mom staying at home with my child, the Fairview Library was more than just a neighborhood resource—it was a lifeline. During those early, often isolating days of new parenthood, I looked forward to baby storytime each week with a kind of joy that’s hard to put into words. It was a highlight for both me and my child. The warmth of the librarian, her thoughtful recommendations of developmentally appropriate books, and the welcoming atmosphere made the library feel like a second home.

The songs we learned during those storytimes are still part of my child’s daily life—we sing them at bedtime, during car rides, and even when playing with other babies. The free play period afterward was just as special. Babies would watch and learn from one another while parents had the rare chance to connect, share advice, and simply feel seen. I would often leave marveling that this experience—richer and more supportive than many of the pricey baby classes I attended elsewhere—was completely free.

Fairview Library has been part of my life long before I became a mother. As a student at John Adams Middle School, I used to come to Fairview to do research for English and social studies assignments. It was a place where I could focus, learn, and grow as a student. The library has always been a quiet and accessible space that nurtured my love for learning.

Fairview Library wasn’t just a place to check out books. It was where community was built, especially for generations of families in Sunset Park. It was a beacon of light, a place of support, learning, and joy.

Closing it would mean denying countless other families the same chance to bond, grow, and thrive.

Please do not take this vital resource away from the community. Fairview Library matters. It always has.

Sincerely,
Melanie Overby
310-467-7911
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 3 David Yakobson
From: Gizelle Strohkendl <[email protected]>
Sent: Monday, April 7, 2025 9:53 PM
To: councilmtgitems
Subject: Fw: Save Fairview Library!

EXTERNAL
----- Forwarded Message -----
From: Gizelle Strohkendl <[email protected]>
To: [email protected] <[email protected]> Sent: Monday, April 7, 2025 at 09:49:29 PM PDT
Subject: Save Fairview Library!
Dear Council Members,
Please save the Fairview Library. Having the library within walking distance of John Adams Middle School and Grant Elementary, is invaluable. But also for the grown-ups it is an appreciated community anchor with its meeting rooms and internet access particularly for the older population. As the density of our city increases this resource will be even more valuable.

My two daughters used the library frequently, may it be for (1) story time or (2) using the community room for Girl Scouts, or (3) studying after school and (4) to borrow BOOKS. All these functions are greatly enhanced by having the library in the neighborhood as it enables our children to do these activities on their own and such provides valuable and safe stepping stones on the path of growing up.

SAVE the Fairview Library!

Sincerely,
Gizelle and Fritz Strohkendl
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 4 David Yakobson
From: [email protected]
Sent: Monday, April 7, 2025 8:08 PM
To: [email protected]; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Ellis Raskin; Dan Hall
Cc: councilmtgitems
Subject: SAVE THE FAIRVIEW LIBRARY

EXTERNAL
Dear Honorables,
I have lived in Santa Monica for over 30 years. The Fairview Library should be saved! It is the library my family has used and depended on for many decades. Our Sunset Park neighborhood is currently growing with families and children who need this community jewel to remain in this neighborhood.

Respectfully,
Gloria Curiel,
Former Commissioner of the Commission On The Status Of Women Item 1
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 5 David Yakobson
From: Carol Dickinson <[email protected]>
Sent: Monday, April 7, 2025 6:20 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Natalya Zernitskaya; Barry Snell; Ellis Raskin
Subject: SAVE THE FAIRVIEW LIBRARY!

EXTERNAL
Dear Mayor Negrete and City Council Members,
Please do NOT close the Fairview Library. Instead it should be staffed for full service to the community. With all the educational cuts that are happening on the federal level, we need our local library more than ever.

I grew up visiting the library weekly. It was a magical experience for me and fostered my love of reading. To choose books to take home to read was such a wondrous experience.

As a retired elementary school teacher, I have a deep appreciation for the role of libraries in promoting literacy for children from all walks of life. Children find joy in books. They deserve to have a library in their own neighborhood. If the Fairview Library is sold, the loss for our community will be devastating.

Sincerely,
Carol Dickinson
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 1 David Yakobson
From: David Jurus <[email protected]>
Sent: Monday, April 7, 2025 7:47 PM
To: Econdevel Mailbox
Cc: Lana Negrete; Recreation and Arts Department; Planning; [email protected]; Santa Monica City Manager's Office; councilmtgitems; David White; Nia Tang; Douglas Sloan; Jennifer Taylor
Subject: Some Suggestions for the Revitalization of Santa Monica.

EXTERNAL
I am a long-Ɵme resident of Santa Monia and have been talking with various business leaders about the revitalizaƟon of 3rd Street Promenade, and the downtown area as a whole. Here are some of the suggesƟons:
 Move the Arizona Farmer’s Market to the Promenade with very nice booths lined up in a single row down the middle of the street, and keep it open every day (like The Grove Farmer’s Market, which is busy every day). It would also allow Arizona to stay open, and improve safety. It would bring a lot more foot traffic, more healthy daily food/grocery opƟons, a variety of non-food items, tax revenues, and perhaps encourage more new tenants for the retail/commercial spaces. Every day and night.  Keep the skaƟng rink open all year - Ice skaƟng in the winter and roller skaƟng in the summer, and make it free, with food and drinks next to it to subsidize the costs. We know a lot of people who would like to go, but find it too expensive, parƟcularly for such a small rink. Make it bigger.  Denver promotes “Restaurant Week”, and it is extremely popular, bringing large amounts of people to the city from surrounding areas - hƩps://denverrestaurantweek.com  More Block ParƟes like we did on Euclid Street last year. It was a good Ɵme, and it gave the neighbors and city leaders a great chance to meet each other, discuss various issues, and become friends. it could have been much beƩer if more neighbors like us were involved with the planning and promoƟon of it.  Make more free outdoor concerts with bigger name arƟsts, primarily who have more peaceful familyoriented fans.

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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 1 David Yakobson
From: Terry Saucier <[email protected]>
Sent: Tuesday, April 1, 2025 2:16 PM
To: Rachel Kwok
Cc: Recreation and Arts Department; Environment Mailbox; Clerk Mailbox; councilmtgitems Subject: Public Comments for the Memorial Park Redevelopment and Expansion Project Attachments: Letter to City of Santa Monica Public Comments Memorial Park 4-1-25.pdf

EXTERNAL
Good afternoon Ms. Kwok:

Attached please find our comments regarding the two synthetic turf playing fields proposed at Memorial Park.

We hope Santa Monica will thoroughly examine the negative impacts of artificial turf on our health, the environment and wildlife, and replace the two proposed synthetic turf fields with nature-based solutions - real natural grass.

Thank you for your consideration.

Best regards,
Terry Saucier
SoCal Stop Artificial Turf Task Force, Chair
--
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Albert Einstein "Look deep into nature, and then you will understand everything better. Try not to become a man of success, but rather try to become a man of value..."
https://climate.nasa.gov/ https://www.climaterealityproject.org/ Item 1
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) Date: April 1, 2025
To: Rachel Kwok, Environmental Planner, City of Santa Monica, City of Planning Division Re: Public Comments Draft EIR report for Memorial Park Redevelopment & Expansion Project Request City of Santa Monica use real natural grass not artificial turf for 2 proposed multi-purpose fields Thank you for the opportunity to submit these comments on behalf of the SoCal Stop Artificial Turf Task Force, a coalition that is working statewide and with officials in Los Angeles to support a ban on all new artificial turf installations. We urge you to choose natural grass playing fields for the 2 multi-sport fields that are being proposed at Memorial Project. The EIR needs to look at the full impacts of artificial turf on our health, the environment and wildlife. There are many reasons we need to transition away from artificial turf plastic playing fields.

We now recognize that artificial turf is manufactured with petrochemicals, and the manufacturing process uses harmful per- and polyfluoroalkyl (PFAS) substances and other hazardous chemicals. These PFAS “forever” chemicals are known carcinogens, neurotoxins, and hormone disruptors. Children and athletes who play on artificial turf are at higher risk of exposure and because PFAS chemicals bioaccumulate, it is especially harmful to children who are still developing. In fact the Department of Toxic Substance Control is currently researching chemicals of concern in artificial turf.

Artificial turf pollutes local waters, soil, and air with toxic chemicals and microplastics. Toxic chemicals can leach into the groundwater, contaminating drinking water. The EPA has recently reported that there is no safe amount of PFOA or PFOS (types of PFAS) in drinking water, and both have consistently been found in artificial turf. Toxic runoff from artificial turf contaminates rivers, lakes, and oceans with microplastics as well as PFAS.

Recent studies have found that 12 to 15% of microplastics in world’s oceans are from artificial turf. The California Coastal Commission told UC Santa Barbara (13 Dec 2023, UCS-NOID-0002-23) that they could not use artificial turf on its 3-acre baseball fields and determined synthetic turf is not superior to natural grass, or sustainable.

Artificial turf is too hot, too hard, and may come with liability Issues. It can reach temperatures up to 80º higher than the air temperature, readily reaching 160ºF or 180ºF and more. This can lead to serious thermal burns and heat stress. It has also been found to cause a “heat island effect,” raising the surrounding temperature in the local environment. Turf burns from friction and non-contact lower extremity injuries are also more frequent on synthetic grass.

Artificial turf must also be regularly cleaned of contaminants. Cooling and cleaning of artificial turf can require more water than would be used for the maintenance of natural, drought-tolerant grasses.

Unlike natural grasses and surfaces, artificial turf is an impervious surface (per State of California and US EPA), negatively affecting stormwater capture and increasing the risk of flooding. Additionally, because it is made of mixed plastic materials, artificial turf will never be economically viable for recycling. At the end of its 8- to-15-year lifecycle it is sent to a landfill, illegally dumped, or sent out of state to be incinerated, where it will continue to pollute the environment. Artificial turf also off-gasses ethylene and methane (contributing to the climate crisis) versus real grasses and plants, which serve as a carbon sink. Additionally, with the passing of SB676 some California cities have already implemented artificial turf bans e.g., Carmel, Millbrae and San Marino, and others are considering pursuing regulations and bans including Los Angeles in CF 24-0602.

Nothing lives in plastic grass. California is one of the world’s 36 biodiversity hotspots with more native plant species than any other state in the U.S. Not only does artificial turf not support life, it actually kills the soil and the living organisms in it. Artificial turf takes away habitat from insects, birds, and local wildlife, contributing to the loss of biodiversity. Studies also show that children benefit from interactions with natural surfaces and nature.

Artificial turf playing fields cost more than natural grass fields. Studies show that over time, artificial turf can cost 2 to 4 times more than properly installed and maintained natural grass fields; synthetic turf is a poor investment. When comparing natural grass playing fields to artificial turf, it is important to compare the entire product life cycle including the capital cost of installation, annual maintenance, sod replacement as needed for natural fields, and surface/in-fill replacement of the synthetic fields, as well as disposal of artificial turf (removal, transport, and landfill fees).

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Attachment: Written Comments [Revision 1] (7033 : Written Comments) Santa Monica is a leader in sustainability and now more than ever, we need real world solutions that take into account our health, the environment and wildlife. Protect Santa Monica residents and future generations 1) examine the full impacts and costs of using artificial turf and 2) change course and choose real natural grass for the two multi-purpose fields.

Respectfully,
Terry Saucier
SoCal Stop Artificial Turf Task Force, Chair
For further information and resources visit: https://www.ncsa.la/artificial_turf CC: City Clerk
Recreation and Arts Department
Environmental Planning
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 1 David Yakobson
From: Lili Ram <[email protected]>
Sent: Thursday, March 27, 2025 7:39 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Council Mailbox
Subject: Libraries & Psychopaths
Jesseee, why haven't you responded?
Why do you want to fund drug addicted psychopaths instead of libraries for kids and parents? Did you have a library nearby when you grew up? Probably not. How about parks? I guess your vision of Santa Monica is mindless zombies who can't read but can smoke up meth, let their dogs run wild on the beach, take motorized vehicles on the bike path while high, poop and pee in public, hurt people, and terrorize the taxpayers. Sounds great right?
Now that Hermosa Beach has put some limits on the repulsive drug addicts --- Santa Monica will welcome more. We have no Olympics, just the new olympiads of drug addicted lunatics.

You all need to be shown the door. You are not supporting citizens, you are supporting outdated unreasonable accommodations to people who have no desire to work or live a decent life and will leach off working citizens as long as you let them.

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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 2 David Yakobson
From: [email protected]
Sent: Sunday, April 6, 2025 9:29 PM
To: councilmtgitems; Lana Negrete; Mayor Helpdesk; [email protected]; Kathryn Barger; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: San Francisco stops Harm Reduction Distribution in Public Spaces- Apr 2025-LA- SM should follow suit and Move INDOORS-NOT LA SM PARKS!

EXTERNAL
**San Francisco Dept of Health and Mayor Lurie Stops Harm Reduction Distribution in Public Spaces- **Effective APRIL 2025
***LA- Santa Monica should follow suit and Move Needle Distribution and Harm Reduction INDOORS-NOT In LA and Santa Monica PARKS and Public Spaces SFDPH_Pilot_Treatment_Connections_and_Safer_Use_Supplies_Distribution_Policy_F_vQ6o5mw PDF Document · 528 KB
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 3 David Yakobson
From: Ellen Mark <[email protected]>
Sent: Sunday, April 6, 2025 7:44 PM
To: Council Mailbox; councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya
Subject: SAVE FAIRVIEW BRANCH LIBRARY
Importance: High

EXTERNAL
Dear Councilmembers,
My family and I have been part of the Santa Monica community since 1983 and a resident of Sunset Park since 1998.

I was a member of the Board of Friends of Sunset Park, on the Board of the Friends of the Santa Monica Library, and subsequently an employee of Santa Monica Public Library while in graduate school for my MLS. From 2009-2016 I was the Library Coordinator at Franklin Elementary School. I now have a small business at home.

I organized a fundraiser for the Fairview Branch Library and raised $50,000. If you wish to see the donors’ names, they are on pavers in the front sidewalk area and back western patio.

Fairview Branch Library is an essential part of Sunset Park, a growing community with families. The building itself is iconic. Before COVID it was a vibrant, full-time Branch with students, parents, young children and library lovers of all ages enjoying its print and media resources and the Community Room. Patrons continue to support it on Tuesdays and Fridays.

SAVE FAIRVIEW BRANCH LIBRARY. Increase Fairview’s professional staff and hours open to the public! Selling this Branch would be a huge embarrassment to our City.

Sincerely,
Ellen Mark
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 4 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, April 5, 2025 2:14 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Saturday

EXTERNAL
One reason Santa Monica's 3rd Street Promenade and Downtown are dangerous, vacant, and unappealing is because DTSM, Inc. CEO Andrew Thomas allows transient addicts to sleep in the organization's own office building lobby, and along storefronts of struggling month-to-month retailers and restaurants. DTSM, Inc. "manages" the district, IS CONTROLLED by the City, and assesses property owners to pay over $2 million for its staff and salaries every year. Sweet deal (for them). Unfortunately, Santa Monica's Downtown has no Business Improvement District controlled solely by property owners and businesses. No successful retail district in Southern California operates like this.

Insta
https://www.instagram.com/reel/DIEakOgCqtw/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/HSMPJElvPWU
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 5 David Yakobson
From: Stephanie Tainsky <[email protected]>
Sent: Friday, April 4, 2025 12:41 PM
To: councilmtgitems
Cc: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick
Subject: Re: 4/8/25 Agenda Item #1: Public Input

EXTERNAL
This proposal is as short-sighted as your proposal to sell the SM Civic.

Once you lose the land, you never get it back.

Once our community loses the library and that beautiful building, it is forever gone.

You were elected to care for and protect the history and the future of our city and its people.

Please reconsider.

Stephanie Tainsky
Peter Spelman
730 Marine St
Santa Monica
On Fri, Apr 4, 2025 at 10:01 AM Bea Nemlaha <[email protected]> wrote:

Council,
If you consider selling the Fairview (or any other) Library, will you burn the books before or after the sale?
Bea Nemlaha
Ocean Park
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 6 David Yakobson
From: Bea Nemlaha <[email protected]>
Sent: Friday, April 4, 2025 10:02 AM
To: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; councilmtgitems
Subject: 4/8/25 Agenda Item #1: Public Input

EXTERNAL
Council,
If you consider selling the Fairview (or any other) Library, will you burn the books before or after the sale?
Bea Nemlaha
Ocean Park
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 7 David Yakobson
From: Meyly Godinez <[email protected]>
Sent: Thursday, April 3, 2025 6:26 PM
To: councilmtgitems
Subject: Don't close our library

EXTERNAL
Fairview Library has been crucial to not only my time living in Santa Monica but also that of my children. It is a historic landmark for the community; it's peaceful and valuable. I work as a Nanny, and I love taking care of children, so going to the library will engage them and teach them about shapes, animals, and how to read and write. So our community needs to have the Fairview library open for our children, the next generation. Thank you
- Meyly Godinez
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 8 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, April 3, 2025 5:37 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Barbara

EXTERNAL
LA County Health Director Barbara Ferrer's daily human slaughter starts at Skid Row, proceeds to Westlake's MacArthur Park and culminates at Palisades, Reed and Tongva Parks in Santa Monica. Organized crime resells meth and fentanyl at a 300% profit in Santa Monica. For the good of all 88 cities in LA County, please sign the petition to end the taxpayer funded needle and glass meth pipe handouts in our PARKS in the link here - https://tinyurl.com/mr2h2ftz
Insta
https://www.instagram.com/reel/DH_bcJri8cR/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/Mwm61pru15Y
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) 9 David Yakobson
From: Ellen Mark <[email protected]>
Sent: Wednesday, April 2, 2025 1:11 PM
To: councilmtgitems
Cc: Council Mailbox; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya
Subject: SAVE FAIRVIEW BRANCH LIBRARY
Importance: High

EXTERNAL
Dear Councilmembers,
My family and I have been part of the Santa Monica community since 1983 and a resident of Sunset Park since 1998.

I organized a fundraiser for the Fairview Branch Library and raised $50,000. If you wish to see the donors’ names, they are on pavers in the front area and back western patio.

Fairview Branch Library is an essential part of Sunset Park, a growing community with families. The building itself is iconic. Before COVID it was a vibrant Branch with local students, parents, young children and library lovers of all ages enjoying its print and media resources, including the Community Room. Patrons continue to support it on Tuesdays and Fridays.

SAVE FAIRVIEW BRANCH LIBRARY. Increase its professional staff and hours open to the public! Sincerely,
Ellen Mark
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Attachment: Written Comments [Revision 1] (7033 : Written Comments) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Earth Day
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Commendation: Holocaust Survivors
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.A
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To: Mayor and City Council
From: Oscar Santiago, Director, Finance Department
Subject: Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2024
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the Annual Comprehensive Financial Report is not a “project” subject to the California Environmental Quality Act (CEQA), and

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Summary
In compliance with accounting and financial reporting standards established by the Governmental Accounting Standards Board (GASB), the Annual Comprehensive Financial Report (ACFR) communicates the City’s financial condition and activity in a transparent and organized manner. The ACFR, included as Attachment A, presents historical and comparative information that can be useful to City staff and elected officials, external users such as debt rating agencies, businesses, other public agencies, bondholders, and City residents. A hard copy of the ACFR for the fiscal year ended June 30, 2024 (FY 2023-24) is available at the City Clerk’s office and is also available, along with ACFRs dating back to 2005, on the City’s website at:
https://finance.smgov.net/budgets-reports/annual#/
The ACFR is prepared annually by Finance staff and audited by the City’s independent audit firm, Lance, Soll & Lunghard (LSL), CPAs, and presented to the Audit Subcommittee before it is submitted to the full City Council for receipt and filing. The audit was performed in compliance with City Charter requirements. The independent auditors’ unmodified report, included within the ACFR, communicates that the ACFR, and audited information within, fairly present the City’s financial position for FY 2023-24.

The City of Santa Monica has received an unqualified/unmodified audit report for four decades and has been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada (GFOA) for its ACFR for 40 consecutive years, since it began participating in the program. To make the ACFR more transparent, staff has provided an explanation for key financial performance indicators shown in the report.

LSL’s report on the City’s internal control over financial reporting and compliance (Attachment B) noted no instances of non-compliance. An additional submittal letter from LSL (Attachment C) stated that the City’s independent auditors encountered no difficulties and had no disagreements with management during the audit. If the auditors identified any adjustments that management elected not to adjust in the financial statements, they would be noted on the report under Corrected and Uncorrected Misstatements. There were none noted for FY 2023-24.

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While the long-term economic outlook is positive, resources remain constrained. • General Fund revenues have slowed or flattened, and they remain below the levels they would have been had the economy not been disrupted by the pandemic.
• The City is experiencing significant cost increases coming from the highest level of inflation in forty years and other market disruptions as a result of global conflicts and a challenging labor market.
• The City continues to operate at 92% of previous staffing levels. • Since March 2020, the City entered into settlement agreements totaling approximately $230 million with claimants in suits filed against the City arising out of allegations of sexual abuse by a former City employee and volunteer.

The Statement of Net Position, like a balance sheet, reported total assets and total deferred outflows of resources plus total liabilities and total deferred inflows of resources of the City. The total net position of the City for all activities was $1,496.1 million at June 30, 2024, compared to $1,453.8 million at June 30, 2023 as restated, which is an increase of $42.3 million or 2.9%. The net position for business-type activities, such as water, wastewater, stormwater, airport and transit services, decreased $4.2 million and the net position for governmental activities, such as public safety, general government, library, community development and community services, increased $46.5 million.

The General Fund fund balance increased by $22.6 million, to $174.6 million over the prior year, primarily due to several settlements with the City’s insurance carriers and collection of back Business License Taxes.

The City’s three pension plans were approximately 78% funded with a combined unfunded long-term actuarial liability of approximately $504.3 million. All pension figures presented in the ACFR were based on California Public Employees’ Retirement System (CalPERS) GASB 68 valuations that had a measurement date of June 30, 2023. These

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valuations are used for financial reporting purposes only and are separate from the CalPERS funding valuations that are used to calculate the City’s annual contributions.

Staff presented the ACFR to the Audit Subcommittee of the City Council on February 27, 2025, for a detailed review before presenting the report to the Council as a Consent Calendar item. The Subcommittee has received the annual ACFR report which included details of the audit process and the financial reports, a presentation by staff and the independent auditors, and an opportunity for Subcommittee members to ask questions of the auditors and staff.

Background
As required by the City Charter, financial statements were prepared by the City and audited by independent auditors. The City selected, LSL, its independent auditor through a competitive procurement process, which was conducted last summer.

Members of the Audit Subcommittee were included as proposal reviewers. The City has used the same outside auditors for the previous eight years.

The quality of the City’s financial reporting and the ACFR are measured in two ways:
1) an unmodified audit report by the independent auditors; and 2) the Certificate of Achievement for Excellence in Financial Reporting, awarded by GFOA, the highest form of recognition in governmental accounting and financial reporting.

Auditors follow audit industry standards established by the American Institute of Certified Public Accountants (AICPA). These standards require auditors to provide an opinion on specific areas of the City’s financial statements based on observations, inquiries, testing of transactions, and analysis.

Discussion
The ACFR for FY 2023-24 received an unmodified opinion by LSL. An unmodified opinion communicates that the financial statements are fairly presented in all material aspects and that the information used in the report is reliable. In their written

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communications to Council, the auditors noted that they encountered no significant difficulties with management in performing or completing the audit.

The Statement on Auditing Standards (SAS) 114 established standards for the auditors’ communication with those charged with governance. SAS 115 provides guidance on communicating matters related to the City’s internal controls over financial reporting that have been identified in an audit of the financial statements. These statements require the auditors to consider and report on internal controls, significant audit findings, and other matters as prescribed in the standards as they relate to the audit of the financial statements.

The City of Santa Monica has received an unqualified/unmodified audit report and the GFOA Award for 40 years since it first participated in the GFOA program in FY 1983-84.

City staff met with Audit Subcommittee Chair Marc Verville and Audit Subcommittee Member Jeff Bush on February 12, 2025, to discuss the results of the audit and answered questions on the audited financial statements.

The ACFR was presented to the Audit Subcommittee of the Council on February 27, 2025, by staff and Ryan Domino, the engagement partner from LSL. Audit Subcommittee members were given the opportunity to review the report and ask questions of the external auditor and staff.

Topics discussed included:
• Overall financial results of the City
• Auditors’, both internal and external, evaluation of the City’s financial reporting and related systems of internal control
• Pension reporting and liability, particularly the amortization of the unfunded liability
• Contingent liabilities possibly arising from existing claims against the City • Bond ratings

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• Analysis of capital projects reporting system
• City rainy day reserves and components of assigned fund balance The City’s ACFR includes the following major sections and information:

Introductory Section
• Letter of Transmittal – prepared by management and used to communicate information on areas that may have an impact on the City’s finances now and in the future. This included economic factors as well as budget and management factors.

Financial Section (the main body of the ACFR for current year information) • Independent Auditors’ Report – the City’s report card on the content of the ACFR • Management’s Discussion and Analysis (MD&A) – provided an analytical overview of the City’s financial status and results for the year • Basic Financial Statements – reported finances at a point in time (assets - liabilities) and throughout the year (revenues - expenditures), and cash flows o City-Wide Statements – overview of financial information including all the City’s operations by financial activity
o Fund Financial Statements – a detailed look at funds, reporting on the Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance
o Notes to the Financial Statements (Notes) – a narrative explanation that accompanied the Basic Financial Statements
Required Supplementary and Supplementary Information Sections • Budget to Actual Comparisons – for all governmental funds with a legally adopted budget
• Pension Information – schedule of changes in the net pension liability and related ratios; schedule of contributions by plan

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• OPEB Information – schedule of changes in the net Other Post-Employment Benefits (OPEB) liability and related ratios; schedule of contributions • A breakout of individual non-major funds – for funds that were presented in a cumulative manner in the Financial Section
Statistical Section (current and historical information – up to 10 years) • Financial Trends
• Tax Revenue Information
• Debt Capacity Information
• Demographic and Economic Information
• Operating Information
The following is an explanation of some key indicators reported in the ACFR. Overall, the City’s ACFR showed that City finances were stable.

General Fund
The most prominent measure of a City’s financial health is the General Fund balance.

As presented in the Basic Financial Statements, the City’s General Fund assets exceeded liabilities by $174.6 million as of June 30, 2024. This balance is comprised of categories, as follows:
• $7.4 million Nonspendable fund balance included amounts that are not in spendable form, such as prepaid items and advances to other funds; • $9.5 million Restricted fund balance is required for specific purposes as stipulated by either external resource providers or enabling legislation, including $7.4 million for bond funded projects;
• There is no balance in committed fund balance, which usually represents amounts designated for a specific purpose by formal action from City Council; • $106.3 million Assigned fund balance is set aside to cover continuing capital improvement projects approved in a prior year; prior year reappropriations for projects not fully completed as of the end of the prior year; compensated absences, which is unused vacation time accumulated by employees that can be

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paid out 100% when employment is terminated for any reason; funds to respond to contingent liabilities and other costs that were unanticipated, but have emerged since budget adoption, such as rising workers’ compensation and general liability insurance costs; and funds for working capital to support capital projects, essential services, partial service restorations, contractual labor obligations while revenues continued to recover over the next five years; and • $51.4 million in Unassigned fund balance as follows:
o $57.1 million rainy day fund contingency reserve. Historically this has been 15% of the annual expenditure budget; however, the amount was reduced to 12.5% in FY 2019-20 and increased to 13% in FY 2022-23.

The reserve is currently at 13.5% at June 30, 2024, with the plan to increase it by 0.5% each fiscal year until it reaches 15.0% at June 30, 2027;
($5.7) million unrealized loss on investments. GASB 31 requires public agencies to report all investments, with certain exceptions, at the current fair market value rather than at the original purchase price. The current fair market value and unrealized gain/loss of a security do not affect its redemption value or yield if held to maturity. The City’s practice is to purchase most securities with the intent to hold them to maturity.

The General Fund’s rainy day and economic uncertainty reserves have long been an important safeguard for Santa Monica in the event of an emergency or a devastating downturn. Strong reserves contributed to a AAA general obligation bond rating, allowing the City to pursue lower cost financing structures. Since March 2020, these reserves and contingency funds have allowed the City to continue essential operations despite the severe revenue dip because of the economic crisis caused by the global pandemic and have also provided funding for legal settlements. The City of Santa Monica maintains a “AAA” rating from both Standard and Poor’s and Fitch, and a “Aaa” rating from Moody’s, which were reaffirmed in June 2023. In 2021, Fitch noted “the City’s debt burden remains moderate, and its resilience to economic stress is exceptional due to very high reserves and a strong expenditure framework.” Subsequent to year end, the City’s S&P Public Financing Authority Lease Revenue

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Bond rating was reduced from AA+ to AA citing “the expected potential impact of contingent liabilities and reflects our expectation that the City will take sufficient steps to address any future lawsuit settlements to avoid materially draining its available general fund reserves.”
Citywide Net Position
The Statement of Net Position, like a balance sheet, reported total assets and liabilities of the City as of June 30, 2024. The total net position of the City for all activities was $1.5 billion. Net position was broken out into three categories: capital, restricted, and unrestricted.

Net Investment in Capital Assets - $1,137.4 million
Net Investment in Capital Assets included land, buildings, improvements, intangibles, infrastructure and utility systems, and construction in progress net of accumulated depreciation/amortization and related debt. Intangible assets represented rights of use for items such as software, water rights and payments for Santa Monica’s cost of improvements to the City of Los Angeles sewage treatment system. Some notable capital projects that were underway as of June 30, 2024, included City Yards Modernization and numerous Sustainable Water Master plan infrastructure projects to help the City achieve water self-sufficiency.

Restricted Net Position - $304.5 million
These assets were subject to agreements with creditors, developers, grantors, or laws or regulations of other governments. Approximately $182 million or 60% is restricted for community development, which included affordable housing and commitments to various other projects. Approximately $48 million or 15% is restricted for transportation, which included federal, state and other grant funds. The remaining amount was restricted for the Cemetery’s trust fund, debt service, development agreement terms, and other grant and legislative constraints.

Unrestricted Net Position – $54.2 million

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This represented the balance of net position that is neither part of capital assets nor restricted. Capital and operating reserves of $106.9 million in the business-type activities demonstrated increased revenues as the City recovers from the COVID-19 pandemic and rate increases are implemented. Governmental activities reported a negative unrestricted net position of $52.7 million, primarily due to the cumulative shortfalls from the pandemic and settlement payments made in the past few years plus an increase in the pension liability. The City already managed its financial challenges by reducing its workforce, focusing on essential services, scaling back or eliminating capital projects, and increasing employees’ cost sharing of benefits. These strategies, recovering revenues, one-time state and Federal government subsidies and lowered expenses continued to rebuild the City’s unrestricted net position balance.

The Citywide Net Position utilized the full accrual basis of accounting, requiring the City to report the full amount of long-term liabilities, such as pension and bond payments, which will be paid over many fiscal years with future revenues. Governmental fund statements utilized the modified accrual basis of accounting, which recognized the current portion of long-term debt to be paid by revenues as they are measurable and available. This difference in accounting method can result in a negative net position on the Citywide financial statements, while individual fund statements, such as the General Fund, did not have a negative fund balance.

Long-Term Debt
The primary source of long-term debt is in the form of bonds issued by the City. At the end of the current fiscal year, the City’s total long-term debt outstanding (excluding issuance premiums) was $319.0 million, a $7.6 million decrease from the prior year.

This decrease was primarily due to debt service payments for the year. More information on Long-Term Debt can be found in Note 10, page 60 of the ACFR.

Pension Liability
As noted in the Statement of Net Position on page 1 of the ACFR, the City’s largest liability is the unfunded actuarial pension liability, which was $504.3 million as of June

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30, 2024, an increase of $7.6 million from the $496.7 million as of June 30, 2023, as a result of the less than expected return (5.8% vs 6.8%) on pension plan assets.

Total net pension liability, or unfunded liability, was based on projected future benefit payments attributed to the current and past employees’ service, less the assets accumulated to pay those liabilities. This was the difference between a total pension liability of approximately $2.3 billion and current plan assets of approximately $1.8 billion, making the City’s three pension plans approximately 78% funded overall. The City’s annual required contributions included a portion to fund currently earned benefits as well as an amount to pay down the unfunded liability.

CalPERS calculated the annual contributions to amortize the unfunded liability. In 2014, after a series of paydowns funded from year end savings, Council adopted the first of a set of policies to pay down a portion of the liability each year in addition to the actuarially determined contribution amount in order to reduce the amortization period thus lowering interest costs over time. In FY 2018-19, the City Manager convened a pension advisory committee consisting of residents and employees. An information item dated April 19, 2019, contained a discussion of the history of the unfunded liability and different methods of management such as utilizing a supplemental trust fund and issuing pension obligation bonds. Included was the advisory committee’s recommendation of making additional payments that would amortize the unfunded liability over 13 years as opposed to CalPERS standard 20-year period. The pension policy was updated in 2019 to include this 13-year payment schedule and the first additional payment of $9.3 million was made in October 2019, Due to the economic impact of the pandemic and legal settlements, the Council changed the schedule of the accelerated paydowns per the emergency provisions of the policy, to shift to a 15-year paydown schedule. At its April 11, 2023, meeting, the Council voted to suspend any further additional paydowns to restore an array of community services and programs.

The suspension of the paydown policy will be revisited in FY2027-28 and may be implemented based on an evaluation of the City’s financial position.

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In the meantime, several initiatives have mitigated the pressure of this cost driver on the budget.
• 58% of current employees receive a reduced level of pension benefits up from • 52% in the previous year. Employees in all bargaining groups hired after January 1, 2013, receive lower benefits per the Public Employee Pension Reform Act (PEPRA). A lower Tier 2 benefit level was established by Council for non-sworn employees who entered the City between July 1, 2012, and December 31, 2012, or who continue to join the City from previous employment where they were under a non-PEPRA pension plan. All employee groups have eliminated the employer paid member contribution (EPMC) benefit and the employee-paid portion of the pension cost is deducted from employees’ paychecks and paid directly to PERS. In addition to paying the employee portion of the contribution, Public Safety employee bargaining groups reimburse the City for a portion of the employer cost.
• Since FY 2010-11, the City has made $88.1 million in payments towards unfunded pension liability beyond the actuarially required contribution determined by CalPERS.
• The City had been prepaying its annual employer contributions to CalPERS since FY 2007-08 and receives a discount. The savings from the discount is used to offset paydowns of the net pension liability. Because of the Federal Reserve raising interest rates, the return on the City’s portfolio was more than what would have been earned prepaying the amortization of the unfunded liability, the City did not prepay in FY 2023-24.

A detailed explanation of the Employee Benefits Programs including detailed pension information by plan is included in Note 12 (pages 66 through 78) and the Required Supplementary Information (pages 112 through 117). Further information on the City’s efforts to control pension liability is included in the Letter of Transmittal (pages i through xii).

Other Postemployment Benefits (OPEB)

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Employees of the Executive Pay Plan group and management employees of the Rent Control Board are eligible for a City paid post-employment medical insurance benefit if their combined retirement age and years of public agency service equals or exceeds 70.

Under the terms of a MOU between the City and the Coalition, all non-sworn permanent retirees are allowed to continue participating in one of the City’s health plans at the same rate as active employees. As with other MOU’s, this benefit is subject to bargaining between the City and the Coalition. The City also maintains minimum benefits for public safety employees provided by the City’s contract with its healthcare provider CalPERS.

The annual contribution was based on an actuarially determined contribution (ADC).

Prior to FY 2019-20, the City annually prefunded its OPEB obligations into a 115 trust, CERBT, administered by CalPERS. In response to the global pandemic and the devastating effects on the economy, City Council authorized the suspension of the prefunding contributions to the trust and the City did not make contributions in FY 2019- 20 or FY 2020-21. ADC contributions to the trust resumed in FY 2021-22 and will continue.

A detailed explanation of OPEB is included in Note 12 (pages 78 through 83) and the Required Supplementary Information (pages 118 through 119).

Pending Litigation
The City was a party in numerous pending litigations and the outcome of these cases can have a significant impact on the General Fund.

Since March 2020, the City had entered into settlement agreements totaling $229.8 million with claimants in suits filed against the City. The City is evaluating additional claims pending based on similar allegations of abuse by the same former employee.

The City continues to work diligently to prevent these liabilities from impacting services and is actively seeking reimbursement from its excess insurance carriers.

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In 2017, the Pico Neighborhood Association sued the City of Santa Monica alleging that the City’s at-large method of electing City Council members violates the California Voting Rights Act (CVRA). Plaintiffs’ requests for costs and attorneys’ fees remain pending in
the trial court. The trial court considered oral briefing on the scope of evidence to be taken at the next trial which is expected to occur in late fall of 2025. More information pertaining to pending litigation is included in Note 16, page 92 of the ACFR.

Cash and Investments
The ACFR also included detailed information on the City’s cash and investments. As of June 30, 2024, the City had $830.9 million in total cash and investments, all of which were in the form of investments authorized by the California Government Code and the City’s investment policy or in compliance with bond indenture agreements. More information on cash and investments is found in Note 2, page 29 of the ACFR.

Environmental Review
The ACFR is not a “project” subject to CEQA. The ACFR is informative and administrative in nature. Pursuant to CEQA Section 21065, the ACFR does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.

Therefore, the ACFR are not subject to CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action to receive and file this annual report.

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Prepared By: Randy Chow, Financial Reporting Supervisor Approved Forwarded to Council
Attachments:

A. Annual Comprehensive Financial Report (Web Link)
B. Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance with Other Matters Bsed on an Audit of Financial Statements C. Auditors' Communication Letter to Council

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LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON

COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN

ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Santa Monica, California (the “City”), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated February 18, 2025.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.

However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Attachment B

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Attachment: Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance with Other Matters Bsed on an To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Irvine, California
February 18, 2025

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Attachment: Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance with Other Matters Bsed on an LSLCPAS.COM
February 18, 2025
To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Monica, California (the “City”) for the year ended June 30, 2024. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated April 23, 2024. Professional standards also require that we communicate to you the following information related to our audit.

Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during fiscal year 2023-2024. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus.

All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events.

Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:

Management’s estimates of the net pension liability, net other postemployment benefits liability, and claims and judgments liability are based on actuarial valuation estimates. We evaluated the methods, assumptions, and data used to develop the actuarial valuation estimates in determining that they are reasonable in relation to the financial statements taken as a whole.

The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We are pleased to report that no such misstatements were identified during the course of our audit.

Attachment C

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Attachment: Auditors' Communication Letter to Council (6648 : Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2024) To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from management that are included in the management representation letter dated February 18, 2025.

Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

Other Matters
We applied certain limited procedures to management’s discussion and analysis, the budgetary comparison schedules for the general fund and major special revenue funds, and the required pension and other postemployment benefits schedules, which are required supplementary information (“RSI”) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

We were engaged to report on the combining and individual fund statements and schedules, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

We were not engaged to report on the introductory and statistical sections of the Annual Comprehensive Financial Report, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it.

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Attachment: Auditors' Communication Letter to Council (6648 : Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2024) To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
Future GASB Pronouncements
The following Government Accounting Standards Board (GASB) pronouncements will be effective for the following fiscal years’ audits and should be reviewed for proper implementation by management:

Fiscal Year 2024-2025
GASB Statement No. 101, Compensated Absences.

GASB Statement No. 102, Certain Risk Disclosures.

Fiscal Year 2025-2026
GASB Statement No. 103, Financial Reporting Model Improvements.

GASB Statement No. 104, Disclosure of Certain Capital Assets.

Future Projects
Comprehensive Project, Revenue and Expense Recognition.

Major Project, Going Concern Uncertainties and Severe Financial Stress.

Major Project, Infrastructure Assets.

Practice Issue, Classification of Nonfinancial Assets.

Practice Issue, Risks and Uncertainties Disclosures.

Practice Issue, Subsequent Events.

Restriction on Use
This information is intended solely for the information and use of the City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties.

Very truly yours,

LSL, LLP

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Attachment: Auditors' Communication Letter to Council (6648 : Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2024) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.B
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To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Mobility (DOT) Subject: Adoption of Sustainable Communities Planning Grant Resolution for the Santa Monica Neighborhood Greenways Quick-build project Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act Guidelines.

Summary
The Department of Transportation (DOT) continues to advance active transportation and safety improvements on local streets, which will help achieve the City’s strategic priorities of Clean Streets and Safe Neighborhoods. To that end, the City has historically identified priority streets and sidewalks for improving active transportation through several adopted plans including the Land Use and Circulation Element (LUCE), Bicycle Action Plan (BAP), and the Pedestrian Action Plan (PAP). The BAP in particular includes a 20-year vision for the City to develop a network of neighborhood greenways along residential streets. In alignment with the BAP, the Michigan Avenue Neighborhood Greenway Concept Plan (MANGo) developed a design toolkit for Michigan Avenue and serves as an example for future neighborhood greenways that

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encourage neighborhood connections while decreasing vehicle speeds and cut-through traffic.

The SCAG Sustainable Communities Program – Active Transportation and Safety, is a competitive grant program that provides funding for active transportation planning or quick-build projects that support active modes such as walking, bicycling, and transit. On September 27, 2024, staff submitted an application for the Santa Monica Neighborhood Greenways Project to improve treatments along the existing Michigan Avenue Neighborhood Greenway, and to engage the community to implement quickbuild treatments for a new greenway along Washington Avenue. The application was prepared based on priorities of the Council’s adopted plans and the community’s need to decrease speeding and congestion on neighborhood streets. On January 27, 2025, the City was notified of being selected to receive the grant award for this project. Staff is requesting authorization to adopt a resolution to accept funding and develop an MOU with SCAG to proceed with the project with a total project cost of $875,552.

Discussion
Neighborhood greenways are calm neighborhood streets designed to encourage the most vulnerable road users to walk, bike, and roll. In 2011, the City adopted the Bike Action Plan (BAP) that established 5-year and 20-year visions for the City’s bicycle network, including a network of neighborhood greenways. Since the adoption of the BAP, the City has advanced one notable neighborhood greenway project through the Michigan Avenue Neighborhood Greenway Concept Plan (MANGo), adopted in 2014.

Michigan Avenue
The MANGo Concept Plan was developed through a multi-year community-based planning process and envisions safe routes for bicyclists and pedestrians while discouraging through traffic and reducing speeding vehicles. This includes the installation of physical improvements that can help create people-centered streets, foster a greener environment, and deter excessive vehicle traffic. Over the last ten years, the City has implemented three phases of the MANGo plan including the construction of traffic circles and a bicycle/pedestrian connection on 20th Street over the I-10 Freeway (completed in 2024). Despite MANGo being an established neighborhood greenway that improves connections to the bikeway network for the community, in recent years, Pico neighborhood residents on Michigan Avenue along with Santa

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Monica High School (Samohi) students have endured excessive congestion from cutthrough vehicle commuters as they compete for space with bicyclists and pedestrians on the street. The local organization Climate Action Santa Monica (CASM) regularly surveys students at Samohi and, through a 2022 commute survey, found that more than 60 percent of students arrive to school by walking, bicycling, or via transit.

Washington Avenue
Washington Avenue is the backbone walking and biking corridor between the Northeast and Wilmont Neighborhoods, connecting key destinations including Franklin Elementary School, Lincoln Middle School, Douglas Park, First United Methodist Church, and St.

Monica’s Catholic Church and Preparatory School. Although the corridor was identified as a future neighborhood greenway in the City’s adopted Bicycle Action Plan, today Washington Avenue does not operate or feel like a neighborhood greenway, with class III bike markings and a few other traffic calming measures (e.g. speed bumps). Franklin Elementary and Lincoln Middle Schools both have student and parent populations that are committed to walking and biking to school. Since 2022, both schools have experienced some of the highest participation rates in the school district’s Bike it! Walk it! events, with an average of 87 and 64 percent participation rates, respectively.

However, in recent years many parents from both schools have raised concerns about excessive vehicle speeding and traffic on Washington Avenue making it uncomfortable for students to bike to school. The Santa Monica Neighborhood Greenways Project will be the first effort to establish a neighborhood greenway on Washington Avenue using quick-build materials.

The Santa Monica Neighborhood Greenways Project will test and evaluate solutions that reduce and calm traffic along Michigan Avenue and Washington Avenue while maintaining local property access. By using quick build materials, the project will allow the community to experience the safety benefits prior to making permanent changes.

On both Michigan and Washington Avenues the improvements will introduce safety countermeasures that reduce vehicular traffic volumes and conflicts on the greenway, and could include traffic calming elements such as curb extensions, diverters, chicanes, speed cushions, and improved crosswalk markings.

The project will also include data collection and an existing conditions analysis of the corridors (collision history, volumes, turning movement counts), robust community

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engagement through six outreach activities (pop-ups and walk audits and a citywide survey), use of the SCAG GoHuman kit of parts demonstration kit, concept design plans and full construction plans and specifications for installation, a robust evaluation phase performed six months after the installation of the project, and a final summary report.

Next Steps
Under the guidelines of this grant agreement structure, design consultant procurement and project delivery (research and data analysis, outreach and engagement, design development, and evaluation) will be primarily managed by SCAG in partnership with the City. The quick-build implementation (construction) will be managed by the City in coordination with SCAG. If Council adopts the resolution to accept the Sustainable Communities Planning Grant, SCAG will issue a Memorandum of Understanding to work with the City and establish respective responsibilities. Thereafter, staff will work with SCAG to release a Request for Proposals to procure a transportation design and engineering consultant to assist the City in conducting the Santa Monica Neighborhood Greenways Project during Summer/Fall of 2025. Staff will then return to Council to award a Construction Contract for implementation of the quick-build components in Summer/Fall of 2026. The project is anticipated to begin in Summer 2025.

Environmental Review
The Santa Monica Neighborhood Greenways Project is exempt from CEQA pursuant to Section 15301 (Existing Facilities) which exempts minor alterations to roadways such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes. The project will test and include the installation of traffic calming elements such as curb extensions, diverters, chicanes, speed cushions, and improved crosswalk markings. These minor alterations would not increase the vehicle capacity of the existing roadways. Therefore, acceptance of the grant and implementation of the project is exempt pursuant to Section 15301.

Financial Impacts and Budget Actions
Staff seeks the adoption of the resolution to support the SCAG Sustainable Communities Program grant award for a total project cost of $875,552. Approximately half of the award budget will be managed by SCAG to procure a consultant team in the

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amount of $435,000. The implementation of the quick-build materials will be managed by staff who will return to Council to encumber funds and procure a contractor in the amount of up to $440,552 at a later time. There are no immediate financial impacts and budget actions as a result of this recommendation at this time.

Prepared By: Kyle Kozar, Principal Transportation Planner Approved Forwarded to Council
Attachments:

A. Grant Acceptance Resolution
B. Written Comments

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1 City Council Meeting: April 8, 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 OR DESIGNEE TO ACCEPT A GRANT AWARDED IN THE AMOUNT OF $875,552 FROM

THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT SUSTAINABLE

COMMUNITIES PROGRAM FOR THE SANTA MONICA NEIGHBORHOOD

GREENWAYS PROJECT, AND TO EXECUTE ALL NECESSARY DOCUMENTS TO

ACCEPT THE GRANT AND ALL GRANT RENEWALS
WHEREAS, the City of Santa Monica (City) continues to advance pedestrian and bicycling safety improvements, which will help achieve the City’s priorities of Clean Streets and Safe Neighborhoods; and the City Council’s Vision Zero commitment to eliminate fatalities and serious injuries caused by traffic collisions by 2026; and WHEREAS, the Southern California Association of Government (SCAG) Sustainable Communities Program – Active Transportation and Safety (Grant Program) is a competitive grant program that provides funding for transportation planning and quickbuild projects to support active transportation such as walking, bicycling, and transit; and WHEREAS, on September 27, 2024, City staff submitted an application for the Santa Monica Neighborhood Greenways Project to implement quick-build treatments along Michigan Avenue and Washington Avenue, and the application was prepared based on priorities of the City Council’s adopted plans and programs; and

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Attachment: Grant Acceptance Resolution [Revision 1] (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) 2 WHEREAS, on January 27, 2025, the City was awarded $875,552 in Grant Program funds, with the commencement of the project contingent on the City Council adopting a resolution authorizing acceptance the Grant Program funds as required by SCAG.

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

SECTION 1. The City Council of the City of Santa Monica accepts the Grant Program funds in the amount of $875,522 for the Santa Monica Neighborhood Greenways Project.

SECTION 2. The City Council authorizes the City Manager, or designee, to negotiate and execute all agreements, amendments, and renewals thereto pertaining to the Grant Program Funds.

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

APPROVED AS TO FORM:

Douglas Sloan
City Attorney

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Attachment: Grant Acceptance Resolution [Revision 1] (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) 1 David Yakobson
From: Dr Michael Cahn <[email protected]>
Sent: Tuesday, April 8, 2025 5:41 PM
To: councilmtgitems
Cc: kent Strumpell; Lana Negrete; Jesse Zwick; Caroline Torosis; Dan Hall; Natalya Zernitskaya; Barry Snell; Ellis Raskin; Colleen E. Stoll; Jason Kligier; Kyle Kozar; Msgr.

Lloyd Torgerson; St. Monica Green Team; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Mike Mottola
Subject: Item 4B, Washington Avenue Bikeway

EXTERNAL
Dear Council Members and Staff,
Thank you for moving forward with the quick-build projects planned for Washington and Michigan Avenues. I encourage you to see these projects through with the bold and effective innovations needed to change the cruel legacy of automobile deaths and injuries that has gotten worse on our streets in recent years. Cities all over our country have demonstrated how to do this. Let’s get on board, stop the entrenched deferring to cars, and make our streets safe and inviting for all road users,and do out share to address the unfolding climate catastrophe.

I applaud the plans for Washington Avenue, which is where I live. The vicinity of schools make this a very meaningful project. Please remember that Saint Monica also runs two schools on Washington Avenue, which produce a whole lot of car traffic during drop off and pick up times. The amount of traffic and double parking is astounding: I think of it as the original sin of unmitigated motordom. You will be aware that Laudato Sì, the encyclical letter of Pope Francis on Climate Change, has opened the door at Saint Monica's for less impactful and less destructive modes of transportation for the school run.

But the kids in the green school uniform need your help, they are underprovided with safe bike parking, they do not receive safe cycling education, and they are not participating in the Big Blue Bus free ride program that SMMUSD kids enjoy. Please instruct staff to go back to the original building permits for the site and make sure that commitments spelled out there are not forgotten.

I urge you to adopt the categorical CEQA exemption and adopt the resolution for receiving the grant funding.
--
Dr Michael Cahn
507 Washington Ave
Item 4-B
April 8, 2025
Item 4-B
April 8, 2025

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Attachment: Written Comments (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) 2 David Yakobson
From: kent Strumpell <[email protected]>
Sent: Tuesday, April 8, 2025 4:21 PM
To: councilmtgitems; Lana Negrete; Jesse Zwick; Caroline Torosis; Dan Hall; Natalya Zernitskaya; Barry Snell; Ellis Raskin
Cc: Colleen E. Stoll; Jason Kligier
Subject: Item 4B, Sustainable Communities grant for quick-build projects.

EXTERNAL
Dear Council Members and Staff,
Thank you for moving forward with the quick-build projects planned for Washington and Michigan avenues.

These two projects will play a key role in building out the complete and safe bikeway and pedestrian network that our city needs in order to fully tap these essential mobility options.

But in order to meet the projects’ goals for safety, and to realize these streets as truly safe and inviting corridors for biking and walking, it is essential that the improvements actually reduce traffic speeds and traffic volumes with physical measures that produce real results. Discouraging cut-through traffic can be unpopular with drivers who are reluctant to give up their favorite routes, but that is unfortunately the price of meaningful change to improve safety.

We encourage you to see these projects through with the bold and effective innovations needed to change the cruel legacy of deaths and injuries that has gotten worse on our streets in recent years. Cities all over our country have demonstrated how to do this. Let’s get on board, stop the entrenched deferring to cars, and make our streets safe and inviting for all road users.

We urge you to adopt the categorical CEQA exemption and adopt the resolution for receiving the grant funding.

Thank you and staff for all your great work!
Kent Strumpell
Laurene von Klan
Co-chairs, Climate Action Santa Monica
Item 4-B
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Item 4-B
April 8, 2025

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Attachment: Written Comments (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) 3 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, April 8, 2025 3:40 PM
To: councilmtgitems; Council Mailbox; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; Anuj Gupta Subject: Support Agenda Item 4B
Attachments: 2024-09 SCAG Sustainable Communities Grant Suppport.pdf

EXTERNAL
Dear Santa Monica City Council Members,
Thank you for your leadership in building a safer Santa Monica for people walking and biking with your vote to approve item 4B on tonights agenda. Attached you will find our original letter of support for the grant.

Funding for these projects in our community help realize our collective vision to establish safe, calm neighborhood streets, our goals for Vision Zero, our commitment to reducing car traffic to help meet our ambitious local and State climate goals. These projects encourage and support healthy – more environmentally sustainable – active transportation, and better connect residents, visitors and students to schools and neighborhood destinations. The important message council actions send to youth is that what they learn in school about climate actions can indeed be made real with climate-sensible infrastructure for a resilient present and future.

Thank you for your leadership.
--
Cynthia Rose
Director
Santa Monica Spoke
SMSpoke.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

Item 4-B
April 8, 2025
Item 4-B
April 8, 2025

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Attachment: Written Comments (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) A community group dedicated
to biking in Santa Monica.

Working to make the
City of Santa Monica a
more sustainable,
bikeable place to live, work and play.

September 20, 2024
Southern California Association of Governments
Sustainable Communities Program
Attn: Rachel Om
900 Wilshire Blvd Ste 1700
Los Angeles, CA 90017

Re: Michigan Avenue and Washington Avenue Neighborhood Greenways Quick Build Project:

Dear Ms. Rachel Om,

On behalf of Santa Monica Spoke (SM Spoke) and the Santa Monica Safe Streets Alliance (SaMoSSA), we are writing to express our enthusiastic support for the City of Santa Monica’s Sustainable Communities grant application to study and implement neighborhood greenways using quick-build materials along Michigan Avenue and Washington Avenue. As outlined in the City’s 2011 Bike Action Plan, and the more recent 2020 Bike Action Plan Amendment, neighborhood greenways are designed to accommodate all modes of travel, use traffic calming measures, enhanced signage, and landscaping to reduce speeding and motorized traffic. These critical elements improve safety and comfort for people walking and bicycling while providing lower-stress streets that encourage safer local neighborhood travel. The City’s envisioned network of neighborhood greenways supports Santa Monica’s Vision Zero and Climate Action and Adaptability Plan as well as our environmental sustainability goals to reduce traffic volumes and encourage walking and biking by increasing safety and comfort on corridors creating neighborhood connectivity to local destinations and schools.

The Michigan Avenue Neighborhood Greenway (MANGo) has worked to create a safer, more inviting street in our community for neighbors and students walking and bicycling to Santa Monica High School as well as a comfortable place for neighbors of all ages to walk, bike, recreate, and interact with one another. Ultimately, the project will construct a three-mile Greenway between the Bergamot Arts Center / E-line Rail Station and the beach that provides a safe and comfortable place for neighbors and visitors of all ages to walk, bike, recreate, and interact with one another. However, a recent traffic study found that segments of Michigan Avenue still host more than 3,000 daily vehicle trips creating conflicts with students walking and bicycling to school.

As outlined in the MANGo Concept Plan adopted in 2014, the city aims to reach the target vehicle volumes of 1,500 average daily trips along Michigan Avenue by redirecting traffic using quick-build materials. These current traffic levels and roadway conflicts disproportionately affect the Pico Neighborhood, one that has been burdened by environmental health impacts for decades caused by increased traffic and pollution created by the I-10 freeway. The City will use lessons learned from the MANGo project on the proposed Washington Avenue neighborhood greenway to establish a calmer, safer street that connects families to neighborhood destinations, including Lincoln Middle School, Franklin Elementary School, Saint Monica Preparatory school, and the broader bikeway network. A significant by-product is the potential increased readiness of students arriving to learn after actively commuting bicycling or walking.

Santa Monica Spoke is a 501(c)3 organization dedicated to improving walking, biking and healthy, active transportation in the City of Santa Monica. We are a community-based nonprofit working to make Santa Monica more sustainable, and a better place to live, walk, bike, work and play. Together with our local partners we work to envision a vibrant, connected community that is designed to be safe, equitable, sustainable and welcoming to everyone. Since our founding in 2009 we have been dedicated to supporting Santa Monica’s increased commitment to walking, bicycling, and healthy active environmentally friendly modes of transportation. We work in close partnership with city staff and public and private agencies, prioritizing nurtured partnerships within our community to identify and accomplish shared objectives.

Item 4-B
April 8, 2025
Item 4-B
April 8, 2025

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Attachment: Written Comments (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) The Santa Monica Safe Streets Alliance is a collaboration of local advocacy and community organizations and multi-generational community members that together work to promote and support the implementation of our community’s shared goals of complete streets that are designed to be vibrant, safe, equitable, sustainable and welcoming to everyone.

Through a robust community outreach and evaluation process, the quick-build project will allow the city to test and modify any proposed solutions for creating people-centered streets that are supported by the community. If awarded funding, SM Spoke and the SaMoSSA plans to continue its active participation in this project by providing feedback throughout the community engagement process and through one-on-one meetings with the city. The SM Spoke and the SaMoSSA strongly and enthusiastically supports the City of Santa Monica’s Michigan Avenue and Washington Avenue Neighborhood Greenways Quick Build Projects. These projects help our community realize our collective vision to establish safe, calm neighborhood streets, our goals for Vision Zero, our commitment to reducing traffic to help meet our ambitious local and State climate goals, encourage and support healthy – more environmentally sustainable – active transportation, and better connect residents and students to schools and neighborhood destinations. The message to students is that what they learn in school about climate actions is made real with climate-sensible infrastructure for a resilient present and future.

Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SMSpoke.org
SaMoSafeStreets.org
Item 4-B
April 8, 2025
Item 4-B
April 8, 2025

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Attachment: Written Comments (6889 : Santa Monica Neighborhood Greenways Grant Acceptance Resolution) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Approval of First Modification to Agreement with Genuine Parts Company (dba NAPA Auto Parts) for Parts Room Inventory and Logistics Management Recommended Action
Staff recommends that the City Council:

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

Summary
Fleet Management (Fleet) is responsible for ensuring the City’s diverse fleet of over 770 vehicles are available, dependable, and safe to operate. In November 2020 (Attachment A), staff recommended, and City Council approved, a five-year contract with Genuine Parts Company, dba NAPA Auto Parts (NAPA), in which the City contracted for NAPA’s services to stock and to run the Fleet Parts Room to improve the efficiency and effectiveness of Fleet Management in servicing and repairing vehicles. Over the past five years, this agreement has consolidated the numerous parts invoices into one monthly invoice, has enabled two full-time equivalent staff to resume servicing and repairing vehicles, and has streamlined the ordering and inventory management of Fleet’s Parts Room. Staff recommends that Council authorize a first modification to

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Agreement #11110 with NAPA to supply parts, equipment, services, and onsite inventory management for the Fleet Parts Room in the amount of $11,220,000 over five years, for a new total amount not to exceed $19,470,000 (including a 10% contingency) and an extended total term of ten years, with future year funding contingent on Council budget approval. Staff is requesting 1) a first modification to extend the agreement, and 2) an exception to the competitive bidding process per SMMC 2.24.250(c) by using the Sourcewell cooperative agreement pricing (#090624-GPC) for the modification. The original contract was also executed via SMMC 2.24.250(c) by using NAPA – Sourcewell Contract #061015-GPC.

Discussion
NAPA has successfully managed the Fleet parts room in a cost-effective manner at a significant time-savings to staff since April 2021. During this time, Fleet has experienced supply chain issues in replacing various types of vehicles such as first responder vehicles, critical infrastructure maintenance vehicles, and sanitation vehicles. This has caused an increase in the volume of parts purchased to repair these aging vehicles well beyond their scheduled replacement date. As a result, Fleet projects that it will exceed its current contract authority by June 30, 2025 (six months before the end of the current contract with NAPA).

Staff recommends that Council authorize a first modification to agreement #11110 with NAPA in the amount of $11,220,000 (including a 10% contingency) over five years for Managed Inventory Services (e.g. parts, fluids, supplies for fleet vehicles and trucks; parts room management, operations, and staffing) and Logistics Management (e.g. procurement, shipment optimization, and freight management). This will result in a tenyear amended agreement with a new total amount not to exceed $19,470,000 (including a 10% contingency) over ten years. Staff would execute the modification as soon as possible to avoid a lapse in service as the City is reaching the end of the original contract authority early due to increases in the cost of parts and purchase volume increases due to the City’s aging fleet.

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The current agreement is for an amount not to exceed $8,250,000 over five years. This contract modification reflects a 36% increase in contract amount, due to the increase in cost of parts and equipment and a projected increase in the volume of purchases over the next two years while Fleet replaces aging vehicles with new, standardized vehicles that will require far fewer parts to maintain.

NAPA’s services would include on-site parts supply for the City fleet and an Inventory Monitoring Program responsible for maintaining an 80% fill rate. This would reduce vehicle turnaround time and increase productivity for the mechanics by putting parts in their hands with minimal disruption. NAPA would also be responsible for purchasing and supplying inventory and would only charge the City for parts that are used. This would minimize upfront costs as the City would no longer need to keep parts in stock and reduces the risk of parts becoming obsolete as the City’s fleet changes. The total amount spent in the agreement would fluctuate depending on the City’s needs, but NAPA’s operating costs (e.g. the salary of the Napa-employed staff running the parts room) would largely remain fixed at $192,000 per year through the contract term. Costs could incrementally change over the life of the contract due to adjustments in the costs for fringe benefits or overtime, with preapproval from the City.

Vendor Selection
Exception to Competitive Bidding
Staff recommends General Parts Company, dba NAPA Auto Parts (NAPA), to furnish and provide a Vendor Managed Inventory and Logistics Management Solution for the City’s Fleet Parts Room as an exception to competitive bidding per Muni Code

2.24.250 (c). On July 16, 2024, Sourcewell (formerly known as National Joint Powers Alliance (NJPA)), a government agency that establishes nationally leveraged and competitively solicited purchasing contracts for education, government, and non-profits issued a Request for Proposals (RFP) for fleet-related maintenance equipment, supplies, services, and inventory management solutions. Under the terms of the RFP and the resulting Sourcewell Agreement with Genuine Parts Company (Agreement #090624-GPC), similar nationally leveraged volume purchasing discounts are also

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available to other government agencies.

NAPA currently provides Vendor Managed Inventory and Logistics Management Solutions for several municipalities and organizations in California, including the City of Sacramento, San Diego County, and Los Angeles World Airports. Fleet Management staff conducted outreach to these organizations, and they recommended NAPA for its reliability, inventory management, and effectiveness in providing parts. c. Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price;
Environmental Review
The modification to the agreement for Fleet Management services is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The modification is covered by the common sense 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 modification will continue to provide the City with management and inventory services of its fleet.

Therefore, it can be seen with certainty that the grant would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Past Council Actions
Meeting Date Description
11/24/2020
(Attachment A)
Award Contract to Genuine Parts Company for Integrated
Business Solutions for the City's Fleet Management Division Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Vehicle Management Fund to increase the amount of agreement #11110 with NAPA for Vendor Managed Inventory and Logistics Management Solutions for the Fleet Parts Room. The Vehicle Management Fund is an internal service fund that charges relevant funds, including the General Fund, for purchases and services rendered.

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Agreement Request*
(CT #11110 NAPA)
Department
Account #
Current
Authorized
Amount
FY 2024-25
Modification
Amount
Future
Years
Amount
Total
Modification
Amount
Total
Contract
Amount
70500001.529010 $1,210,000 $51,333 $1,594,267 $1,645,600 $2,855,600 70500001.529020 $5,610,000 $238,000 $7,391,600 $7,629,600 $13,239,600 70500001.529021 $110,000 $4,667 $144,933 $149,600 $259,600 70500001.521814 $220,000 $9,333 $289,867 $299,200 $519,200 70500001.550010 $1,100,000 $46,667 $1,449,333 $1,496,000 $2,596,000 Totals $8,250,000 $350,000 $10,870,000 $11,220,000 $19,470,000 *Amounts include a 10% contingency.

Future year funding is contingent on Council budget approval.

Prepared By: Ernest Kwong, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. November 24, 2020 Staff Report
B. NAPA - Oaks Initiative
C. NAPA - Levine Act

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City Council
Report
City Council Meeting: November 24, 2020
Agenda Item: 3.F
1 of 4
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Fleet Services Subject: Award Contract to Genuine Parts Company for Integrated Business Solutions for the City's Fleet Management Division
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement with Genuine Parts Company, dba NAPA Auto Parts, for an Integrated Business Solution for the Public Works Department. This recommended award is made as an exception to the competitive bidding process, pursuant to Section

2.24.250(c) and is for a total amount not to exceed $3,300,000 including a 10% contingency over a two year period, with three one year renewal options in the total amount of $4,950,000 including a 10% contingency, for a total amount not to exceed $8,250,000 over 5 years, with future year funding contingent on Council Approval.

Summary
Fleet Management is responsible for ensuring the City’s diverse fleet of over 960 vehicles are available, dependable, and safe to operate. Currently, the Division operates its Parts Room with two full-time staff (one mechanic and one Fleet Maintenance Supervisor) and sources vehicle parts and equipment from hundreds of different vendors. In order to improve the efficiency and effectiveness of Fleet Management in servicing and repairing vehicles, staff recommends that Council authorize an agreement with Genuine Parts Company dba NAPA Auto Parts, to provide Integrated Business Solutions (IBS), which encompasses supplying equipment, supplies, services, and onsite inventory management. This would consolidate the numerous parts invoices into one monthly invoice, enable two full-time equivalent staff to resume servicing and repairing vehicles, and streamline the ordering and inventory management of Fleet Management’s Parts Room.

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Attachment: November 24, 2020 Staff Report (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet) 2 of 4
Discussion
The Parts Room is responsible for ordering, monitoring, and stocking the inventory of parts, and dispensing equipment and supplies to the mechanic shop floor. Fleet Management spends approximately $1.3 million annually on parts, lubricants, and tires.

Due to the diversity in the City’s Fleet, the City has used myriad different vendors to supply its auto parts. On average, the Division sources parts from more than 100 different vendors each year, with most purchase orders (POs) under $10,000.

Significant staff time is spent in bidding, executing, and renewing these various POs, as well as processing more than 400 hundred different parts invoices every month.

The staffing of the Parts Room also requires a significant investment in staff time. It operates from 6:30 AM – 5:30 PM, Monday through Friday, with two full-time storekeepers responsible for issuing parts to mechanics. The two storekeepers are also responsible for ordering parts, monitoring inventory, and coordinating pickups and deliveries. Due to the City’s reduction in workforce, both Fleet storekeeper positions were eliminated. Currently, one fleet management supervisor and one mechanic are doing this in addition to their normal duties to ensure operation of the Parts Room.

In 2018, the City’s Internal Auditor, Moss Adams, conducted a Fleet Management Efficiency Study and presented their findings to the Audit Subcommittee on August 21, 2018. Moss Adams highlighted several areas of inefficiencies in the operations of the Parts Room. They found that a formal inventory monitoring system had not been established and that a parts audit had not been completed since 2013. Moss Adams also observed that a significant portion of mechanic and supervisor time went into sourcing, picking up, and delivering parts that was equivalent to more than $400,000 in staff time. Moss Adams recommended the City consider using a national parts vendor to provide on-site parts supply and implement an inventory monitoring program to improve efficiency and reduce costs.

Staff recommends that the City enter into a two-year agreement, with three one-year renewal options with NAPA to provide Integrated Business Solutions. NAPA’s services would include on-site parts supply for the City Fleet and an Inventory Monitoring

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Attachment: November 24, 2020 Staff Report (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet) 3 of 4
Program responsible for maintaining an 80% fill rate. This would reduce vehicle turnaround time and increase mechanic productivity by putting parts in their hands with minimal disruption. NAPA would also be responsible for purchasing and supplying inventory and would only charge the City for parts that are used. This would minimize upfront costs as the City would no longer need to keep parts in stock and reduces the risk of parts becoming obsolete as the City’s Fleet changes. The total amount spent in the agreement would fluctuate depending on the City’s needs, but NAPA’s operating costs would largely remain fixed at $170,000 per year through the contract term. Costs could incrementally change over the life of the contract due to adjustments in the costs for fringe benefits or overtime, with preapproval from the City.

Vendor Selection
Exception to Competitive Bidding
Staff recommends General Parts Company dba NAPA to furnish and provide an integrated business solution as an exception to competitive bidding per Muni Code

2.24.250 (c). On May 1, 2015, Sourcewell (formerly known as National Joint Powers Alliance (NJPA)), a government agency that establishes nationally leveraged and competitively solicited purchasing contracts for education, government, and non-profits issued a Request for Proposals (RFP) for fleet-related maintenance equipment, supplies, services, and inventory management solutions. Under the terms of the RFP and the resulting Sourcewell Agreement with Genuine Parts Company (Agreement #061015-GPC), similar nationally leveraged volume purchasing discounts are also available to other government agencies. The discounts offered in the Sourcewell contract on average, are 10-15% greater than the discounts offered in the City’s competitively bid POs.

NAPA currently provides Integrated Business Solutions for several municipalities and organizations in California, including the City of Sacramento, San Diego County, and Los Angeles World Airports. Fleet Management staff conducted outreach to these organizations and they recommended NAPA for its reliability, inventory management, and effectiveness in providing parts.

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Attachment: November 24, 2020 Staff Report (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet) 4 of 4
c. Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price; Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Fleet Fund to award a contract with Genuine Parts Company for Integrated Business Solutions. Staff anticipates the contract would be executed by January 2021 and the budget request amounts for FY 2020-21 are based on a six-month period.

Agreement Request
FY 2020-21
Budget
Request Amount
FY 2020-21 Budget
Department Account #
Total Contract
Amount
$121,000 70500001.529010 $1,210,000
$561,000 70500001.529020 $5,610,000
$11,000 70500001.529021 $110,000
$22,000 70500001.521814 $220,000
$110,000 70500010.550010 $1,100,000
$825,000 Total $8,250,000
Future year funding is contingent on Council budget approval.

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

A. Genuine Parts Company Oaks Initiative Form

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Attachment: November 24, 2020 Staff Report (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet)

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Attachment: NAPA - Oaks Initiative (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet)

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Attachment: NAPA - Oaks Initiative (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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Attachment: NAPA - Levine Act [Revision 1] (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: NAPA - Levine Act [Revision 1] (6916 : First Modification to Contract #11110 with Genuine Parts Company (dba NAPA) for Fleet) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.D
1 of 3
To: Mayor and City Council
From: Arminé Chaparyan, Director, City Planning
Subject: Adoption of a Resolution Approving Final Parcel Map No. 84333 for the Subdivision of 1230 Ashland Avenue
Recommended Action
Staff recommends that the City Council take the following actions:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the attached resolution approving Final Parcel Map No. 84333.

Executive Summary
This report transmits for City Council approval a Final Parcel Map for the project located at 1230 Ashland Avenue. The Tentative Parcel Map was approved ministerially on May 21, 2024. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER Parcels
84333 1230 Ashland Avenue Ashland Del Mar, LLC 2
The following table provides a summary of the project:

Zoning District Single Unit Residential (R1)
Original Parcel Area / Dimensions 11,506 SF
Resulting Parcel Area / Dimensions Parcel 1: 5,753 SF / 41.86’ W x 138.05’ D

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Parcel 2: 5,753 SF / 41.86’ W x 138.05’ D
Existing On-Site Improvements
(Year Built)
Single-Unit Dwelling - 1946
Rent Control Status Exempt
Historic Resources Inventory Status N/A
SMMC Chapter 9.64, Affordable
Housing Production Program
Exempt pursuant to SMMC Section

9.31.125(I)(1)
SMMC Chapter 9.65, Childcare
Linkage Program
$182.67 x 4 units = $730.68
SMMC Chapter 9.66,
Transportation Impact Fee Program
$4,510.19 x 4 units = $18,040.76
SMMC Chapter 9.67, Parks &
Recreation Development Impact
Fee Program
$8,744.09 x 4 units = $34,976.36
Discussion
Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021, and became effective on January 1, 2022. SB 9 requires a local agency to ministerially approve housing developments containing no more than two residential units and subdivisions of existing parcels into two new parcels within single-unit residential zoning districts if the proposed project meets certain requirements (e.g.: location limitations, displacement protections, new parcel size minimums, 4’ side and rear setbacks). As part of the City’s certified 6th Cycle Housing Element, and to meet the goal of Affirmatively Furthering Fair Housing, Housing Element Program 4.E expanded the development potential under SB 9 on parcels greater than 10,000 SF to allow the establishment of more than four units, inclusive of Accessory Dwelling Units (ADUs). On April 11, 2023, the City Council adopted Santa Monica Municipal Code (SMMC) Section

9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential, to locally implement SB 9 and Program 4.E.

A Tentative Parcel Map application (24ENT-0039) was submitted to the City Planning Division on March 5, 2024, to create two residential parcels pursuant to SMMC Section

9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential, within the Single-Unit Residential (R1) zoning district. Pursuant to 9.31.125(C), the Tentative Parcel Map was ministerially approved on May 21, 2024. The ministerial approval was

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based on compliance with all applicable standards and requirements of State and local laws and regulations. The Final Map conforms to the Tentative Map.

The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no required off-site public improvements.

Environmental Review
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) of the CEQA Guidelines, which exempts ministerial projects, including approval of final subdivision maps.

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

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

A. Senate Bill 9 (Web Link)
B. Senate Bill 9 - PDF
C. 25ENT-0041 (1230 Ashland Ave) Final Map Resolution

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Attachment: Senate Bill 9 - PDF (7008 : Adoption of a Resolution Approving Final Parcel Map for the Subdivision of 1230 Ashland Avenue) 1 City Council Meeting: April 08, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR PARCEL NO. 84333
TO SUBDIVIDE A PROPERTY AT 1230 ASHLAND AVENUE
WHEREAS, on May 21, 2024, the tentative parcel map to create two residential parcels was ministerially approved for the parcel located at 1230 Ashland Avenue; and WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the vesting tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final parcel map is made to the City or County, then the City may process, approve, and record a final parcel map after the expiration of the vesting tentative parcel map; and
WHEREAS, the final parcel map conforms to the tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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

SECTION 1. The Final Map for Parcel No. 84333 in the City of Santa Monica is hereby accepted and approved.

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Attachment: 25ENT-0041 (1230 Ashland Ave) Final Map Resolution [Revision 2] (7008 : Adoption of a Resolution Approving Final Parcel Map for 2 SECTION 2. The City Clerk is hereby authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

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

APPROVED AS TO FORM:
_________________________
Douglas Sloan
City Attorney

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Attachment: 25ENT-0041 (1230 Ashland Ave) Final Map Resolution [Revision 2] (7008 : Adoption of a Resolution Approving Final Parcel Map for City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.E
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Municipal Code Section 11.04.050 Concerning Limitations on Campaign Contributions Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 25, 2025, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Section 11.04.050 concerning limitations on campaign contributions. The ordinance is now presented to the City Council for adoption.

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

A. CC-Campaign Contributions-Ord 2d

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1 City Council Meeting: April 8, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 11.04.050 OF THE SANTA MONICA

MUNICIPAL CODE RELATING TO LIMITATIONS ON CAMPAIGN CONTRIBUTIONS WHEREAS, the 2024 City Council election was the most expensive Council race in Santa Monica’s history, with individual candidate fundraising dwarfed by independent expenditures at a rate of three to one; and
WHEREAS, per the Supreme Court’s ruling in Citizen’s United v. Federal Election Commission, independent expenditures, which are a type of political action committee, have no limit on raising for political campaigns in support of or against candidates, while candidates are limited by how much they can raise; and
WHEREAS, during the 2024 election cycle, Council candidates raised $430,098, where independent expenditures raised over $1.3 million; and WHEREAS, in 2022 the Council raised the individual contribution limit from $370 to $410 to address rising inflation; meanwhile, the State has lifted the Levine Act reporting and recusal requirements from $250 to $500 through the passage of SB 1243; and WHEREAS, a survey of peer cities shows that Santa Monica has one of the lowest campaign contribution limit among its peers, and peer cities raise their limits to reflect increases in the Consumer Price Index every other year; and WHEREAS, this Ordinance is necessary to promote free and fair elections, limit the influence of independent expenditures, and encourage greater participation and access to municipal elections.

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Attachment: CC-Campaign Contributions-Ord 2d (7012 : Campaign Contributions-Second Reading) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 11.04.050 is hereby amended to read as follows:

11.040.050. LIMITATION ON CONTRIBUTIONS FROM PERSONS
(a) No person shall make to any candidate for office or to the controlled committee of such a candidate, a contribution or contributions totaling more than $1,200 for each election in which the candidate was on, is on, or is likely to be on the ballot or in which the candidate sought or seeks write-in votes.
(b) No candidate for office or the controlled committee of such a candidate shall accept from any person a contribution or contributions totaling more than $1,200 for each election.
(c) The amounts in this section shall be adjusted every February (or as soon thereafter as practicable) of each odd numbered year commencing in 2027 for any increase in the consumer price index for the preceding calendar year (January – December) for the Los Angeles-Riverside-Orange County CPI-U (LA-R-OC CPI-U) as published by the United States Department of Labor, Bureau of Labor Statistics rounded to the nearest $10.00. In the event the Bureau of Labor Statistics discontinues the publication of the LA-R-OC CPI-U, then a comparable statistic shall be used as determined by the City’s Chief Financial Officer. The City Clerk, no later than 30 days after the LA-R-OC CPI-U (or comparable statistic) is published, shall issue a public notice establishing the amounts as adjusted in accordance with this subsection.

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Packet Pg. 100 Attachment: CC-Campaign Contributions-Ord 2d (7012 : Campaign Contributions-Second Reading) 3 (d) This section shall not be interpreted or applied to violate the right of association or the right to express views through expenditures. Rather, it is intended to be and shall be applied solely as a limit on campaign contributions to individuals and committees.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 101 Attachment: CC-Campaign Contributions-Ord 2d (7012 : Campaign Contributions-Second Reading) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.F
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Municipal Code Section 2.32.290 Prohibiting Acceptance of Gratuities
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 25, 2025, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Section 2.32.290 prohibiting acceptance of gratuities. The ordinance is now presented to the City Council for adoption.

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

A. CC-Council Gratuities-Ord 2d

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1 City Council Meeting: April 8, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 2.32.290 REGARDING ACCEPTANCE OF

GRATUITIES BY CITY OFFICIALS
WHEREAS, the Council believes it is unacceptable for City officials to receive gratuities for acts performed in their official capacity, and has formalized the prohibition on so doing; and
WHEREAS, there are certain instances in which the Council is invited to attend an event in their official capacity, which may be a technical violation of the gratuities ordinance, but which is for the benefit of the City; and WHEREAS, the Council now wishes to amend the gratuities ordinance to allow an exception for these events.

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

SECTION 1. Santa Monica Municipal Code Section 2.32.290 is hereby amended to read as follows:

2.32.290. PROHIBITION ON GRATUITIES
(a) No City official shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person or entity to whom the official has conferred a public benefit within the last 12 months, intended as a reward or token of appreciation for or because of any official act performed by the public

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Packet Pg. 103 Attachment: CC-Council Gratuities-Ord 2d (7013 : Council Gratuities-Second Reading) 2 official. This Section shall be in addition to the provisions of Charter Section XXII, the Taxpayer Protection Act.
(b) As used herein, the term “public benefit” does not include public employment in the normal course of business for services rendered, but includes a contract, benefit, permit, or arrangement between the City and any individual, corporation, firm, partnership, association, or other person or entity to:
(1) provide services of a value in excess of $5,000 over any 12 month period; (2) sell or furnish any material, supplies or equipment to the City of a value in excess of $5,000 over any 12 month period;
(3) buy or sell any real property to or from the City with a value in excess of $5,000, or lease any real property to or from the City with a value in excess of $5,000 over any 12 month period;
(4) receive an award of a franchise to conduct any business activity in a territory, and for which gross revenue from the business activity exceeds $5,000 in any 12 month period;
(5) confer a land use variance, special use permit, or other exception to a preexisting master plan or land use ordinance pertaining to real property where such decision has a value in excess of $5,000;
(6) confer a tax abatement, exception, or benefit not generally applicable of a value in excess of $5,000 in any 12 month period; or
(7) receive cash or property of a net value to the recipient in excess of $5,000 in any 12 month period.

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Packet Pg. 104 Attachment: CC-Council Gratuities-Ord 2d (7013 : Council Gratuities-Second Reading) 3 (c) Those persons or entities receiving public benefits as defined above shall include the individual, corporation, firm, partnership, association, or other person or entity so benefiting, and any individual or person who, during a period where such benefit is received or accrues,
(1) has more than a five percent (5%) equity, participation, or revenue interest in that entity, or
(2) who is a trustee, director, partner, or officer of that entity or of another entity that owns or controls the entity receiving the public benefit, excepting persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6) of the Internal Revenue Code. However, this exception shall not apply if the organization is a political committee or controls political committees as defined by California Government Code Section 82013 or 2 U.S.C.

Section 431(4) or successor provisions.
(d) As used herein, the term “public official” includes any elected or appointed public official acting in an official capacity. This includes, but is not limited to: City Council members, Planning Commission members, and the City Manager, City Attorney, City Clerk, and Department Heads and their designees who may confer public benefits as defined in this section.
(e) Exception. Acceptance of the following shall not be considered a violation of this Section:
(1) Free admission to a ticketed event for the official and one guest where the official performs a ceremonial role at the event, or free admission, food, nominal items (pens, notepad, or similar items) available to all attendees at the event where the official

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Packet Pg. 105 Attachment: CC-Council Gratuities-Ord 2d (7013 : Council Gratuities-Second Reading) 4 makes a speech, so long as the admission is provided by the person who organizes the event.
(2) Free admission to a ticketed event for a Councilmember attending in an official capacity, when all Councilmembers are invited to attend, as follows:
(A) an event produced, co-produced or sponsored by the City. (B) an economic development event within the City, such as a ribbon cutting, grand opening, or celebration.
(C) a cultural event within the City.
(D) an event as may be included on a list of official events approved by the Council or recognized by the Council via proclamation.
(E) an event hosted by the Santa Monica Pier Corporation, Downtown Santa Monica, or a business improvement district.
(e)(f) Each violation of the provisions of this Chapter shall constitute a misdemeanor. Alternatively, a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any

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Packet Pg. 106 Attachment: CC-Council Gratuities-Ord 2d (7013 : Council Gratuities-Second Reading) 5 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 107 Attachment: CC-Council Gratuities-Ord 2d (7013 : Council Gratuities-Second Reading) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.G
1 of 7
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Award As-Needed Agreement to CBRE Brokerage Services to Sell CityOwned Properties at 1632-40 5th Street and 1654 19th Street Recommended Action
Staff recommends that the City Council:

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

2. Award RFP# 434 to CBRE for real estate brokerage services for the Community Development Department; and

3. Authorize the City Manager to negotiate and execute a multi-year agreement with CBRE for disposition of real property services, for a total fee amount not to exceed $2 million, based on a sliding commission fee schedule determined by the final price of each transaction with future year funding contingent on Council budget approval.

Summary
After a successful RFP process, including interviews and evaluations, staff is recommending awarding RFP No. 434 to CBRE. Staff seek authorization from the City Council to enter into a Professional Service Agreement (Agreement) with CBRE for asneeded real estate brokerage services for Properties I and II for an initial term of three years, with two one-year options, allowing for a total contract duration of up to five years and total compensation not to exceed $2,000,000.

The City has completed the mandatory state process under the Surplus Land Act (SLA) for obtaining approval to sell two City-owned properties. The City initiated the SLA process for Property I and Property II in 2022 and 2023, respectively, and obtained certification from the State’s Housing and Community Development Department (HCD)

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confirming compliance with the SLA. With HCD certification, these properties are now eligible for disposition on the open market.

Discussion
Between March 2021 and October 2024, the City Council adopted resolutions to surplus the seven parcels that make up Property I. In April 2023, City Council adopted a resolution to surplus Property II. These resolutions, supported by at least five affirmative votes, declared the properties surplus and no longer needed for the City’s use. These declarations were adopted pursuant to requirements outlined in the Santa Monica Municipal Code Section 2.24.230 and the SLA, which involve notifying affordable housing developers and other governmental agencies about the availability of these properties.

In accordance with the City and SLA requirements, City staff provided notices of availability to affordable housing developers and various state, county, and local entities, inviting proposals for the disposition of Properties I and II, and negotiated in good faith but ultimately determined that the bids received were not financially viable.

HCD provided certification of the City’s compliance with the SLA on November 4, 2024, for Property I, and August 7, 2024, for Property II. Therefore, Properties I and II are now available for sale through a real estate broker at fair market value for other development opportunities, including affordable housing.

The two City-owned properties that are ready to be sold for highest and best use are comprised of: Property I, which has approximately 16,000 square feet of improvements on approximately 71,000 square feet of land; and Property II which has approximately 4,700 square feet of improvements on approximately 8,000 square feet of land. Both properties have obtained certification from the HCD to comply with the state-mandated process under the SLA that provides first right of refusal to affordable housing developers prior to considering development opportunities such as commercial, mixeduse commercial with or without a residential component. • Property I consists of seven adjacent parcels at 1632-40 5th Street (APNs 4290- 011-903, 4290-011-904, 4290-011-905, 4290-011-906) and Expo Kiss & Ride Lot (APN 4290-011-909, 4290-011-902 and 4290-011-901). Council declared these properties surplus at its meeting on October 11, 2022.

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• Property II is the former TV studio for City broadcast at 1654 19th Street (APN 4275-026-900) which was previously declared surplus by the Council on April 25, 2023.

In preparation for selling these properties through an open, competitive process, the City’s Economic Development Division worked closely with Finance’s Procurement Team to issue a request for proposals for brokerage services. In accordance with the City’s procurement guidelines, staff initiated a process to identify qualified real estate brokerage firms. These firms were shortlisted through a Request for Qualifications (RFQ) process in 2023. The shortlisted firms were then invited to submit proposals and proposed fees in response to Request for Proposal (RFP) No. 434. RFP No. 434 was issued on December 4, 2024, resulting in one qualifying proposal on December 20, 2024. The Evaluation Committee evaluated the proposal and made a recommendation.

The City’s goal is to expeditiously retain the best qualified brokerage firm to market one or both properties and negotiate on the City’s behalf. Property I will be contingent on whether staffs’ negotiation with existing developer/interested party is successful. CBRE will not commence marketing or negotiation for Property I unless a written direction to proceed is issued by the City’s Economic Development Manager. No negotiations have commenced for Property II; accordingly, staff will work with CBRE to commence marketing efforts immediately and negotiate on the City’s behalf with interested parties.

CBRE had previously been pre-qualified on the City’s list of real estate brokerage services that the City issued in 2023.

Bidder Recommendation
Best Qualified Firm CBRE
Evaluation Criteria Value Add / Breadth of Service
Ability to Meet Work Plan / Timelines
Experience / Technical Competence
Stability / References
Cost
Municipal Code SMMC 2.24.190
RFPs Received
CBRE
RFP Data
Date Posted Posted On Vendors
Downloaded
Dates Publicly
Opened
12/04/2024 OpenGov.com 2 12/04/2024

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Justification to Award
The proposal was evaluated by an Evaluation Committee comprised of subject matter experts from Economic Development, Public Works, and an external expert from BXP, real estate firm. Based on the above criteria, the Evaluation Committee unanimously selected CBRE, and staff recommend CBRE as the best qualified firm to provide real estate brokerage services for disposition of real estate property for the City.

CBRE proposes the fee structure below on a sliding percentage commission rate based on the sale of the property, due at closing, which remains subject to further negotiation for their real estate brokerages services:

As the sales price cannot be determined until commencing negotiations with an interested buyer and because proposed broker fees are subject to further negotiations, staff created a mock chart of potential pricing for illustrative purposes only.

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Estimated Price Range Sales Price
Property I
Low $49 MM 1.5% $735,000 3.0% $1,470,000
Medium $54 MM 1.0% $540,000 2.0% $1,080,000
High $60 MM 1.0% $600,000 2.0% $1,200,000
Property II
Low $2.0 MM 3.0% $60,000 6.0% $120,000
Medium $2.5 MM 3.0% $75,000 6.0% $150,000
High $3.0 MM 3.0% $90,000 6.0% $180,000
Solo Commission Dual Commission
Staff has had previous discussions with several potential buyers prior to selecting CBRE for this contract. If a deal is completed with any of these pre-existing buyers, a reduced commission structure, which remains to be negotiated, will apply. Staff also confirmed that these commission rates are standard in the industry.

With Council authorization, staff would: (1) work with CBRE to create a listing, advertise and market for Property II and, if needed, Property I consistent with City requirements; (2) continue negotiating with existing developers/interested parties that staff has been in discussions with prior to this solicitation selection process for Property I; and (3) potentially negotiate a reduced broker fee schedule for limited services in the event City staff does not require all of their broker services, which may be in a form of flat fee or lower commission rate, for transactions involving any pre-existing interested parties identified by City staff for Property I.

Past Council Actions
Meeting Date Description
10/08/2024 Adoption of Resolution 11622
Declaring Surplus Property I
(APNs 4290-011-901 and 4290-011-902, 4290-011-903,
4290-011-904, 4290-011-0905, APN 4290-011-906, 4290-
011-909)
4/25/2023 Adoption of Resolution 11522
Declaring Surplus Property II
(APN 4275-026-900)

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10/11/2022 Adoption of Resolution 11470
Declaring a portion of Surplus Property I
(APNs 4290-011-903, 4290-011-904, 4290-011-0905, 4290-
011-909)
03/23/2021 Adoption of a Resolution 11327
Declaring a portion of Surplus Property I
(APN 4290-011-906)
Environmental Review
The Agreement is exempt from CEQA pursuant to Section 150961(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines, which states that CEQA does not apply to “where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment.” The Agreement would provide property management services and would not result in adverse physical impacts on the environment, and such, is exempt from CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary because of the recommended action. The Performance Service Agreement will state payment to the broker is contingent upon (i) Council authorization of the sale of each property and (ii) broker payment is paid from escrow when the sales proceeds are paid into escrow.

Effectively, no appropriation from the City budget is required since the broker will be paid from the sales proceeds at time of escrow.

Prepared By: Wendy Siao, Senior Development Analyst
Approved Forwarded to Council

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Attachments:

A. Resolution Declaring Surplus Property II (Web Link)
B. Resolution Declaring Surplus Property I (Web Link)
C. Resolution Declaring a surplus property for APN 4290-011-906 (Web Link) D. Resolution Declaring a surplus property for APN 4290-011-903, -904, -905, -909 (Web Link)
E. Levine Act Disclosure Form
F. Oaks Initiative Form

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City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

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Packet Pg. 115 Attachment: Levine Act Disclosure Form (7014 : Brokerage Services to Sell City-Owned Property) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

March 11, 2025 Andrew Ratner Executive Managing Director & Executive Vice President CBRE, Inc.

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Packet Pg. 116 Attachment: Levine Act Disclosure Form (7014 : Brokerage Services to Sell City-Owned Property) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps

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Packet Pg. 117 Attachment: Levine Act Disclosure Form (7014 : Brokerage Services to Sell City-Owned Property)

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• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

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

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

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

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

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Packet Pg. 118 Attachment: Levine Act Disclosure Form (7014 : Brokerage Services to Sell City-Owned Property)

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

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

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

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

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

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Packet Pg. 119 Attachment: Levine Act Disclosure Form (7014 : Brokerage Services to Sell City-Owned Property)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seekinga“publicbenefit.” Ifthe“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Packet Pg. 120 Attachment: Oaks Initiative Form (7014 : Brokerage Services to Sell City-Owned Property)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 121 Attachment: Oaks Initiative Form (7014 : Brokerage Services to Sell City-Owned Property)

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Packet Pg. 122 Attachment: Oaks Initiative Form (7014 : Brokerage Services to Sell City-Owned Property) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.H
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption 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
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on March 25, 2025, the City Council introduced for first reading 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. The ordinance is now presented to the City Council for adoption.

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Packet Pg. 123
2 of 2
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d

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Packet Pg. 124
1 City Council Meeting: April 8, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING REGULATIONS ESTABLISHED TO PROMOTE ECONOMIC RECOVERY BY INCREASING FLEXIBILITY IN THE CITY’S

DOWNTOWN AREA, ESTABLISHING A PILOT PROGRAM TO ALLOW

EXCLUSIVELY OUTDOOR COMMERCIAL USES IN THE OFFICE CAMPUS

DISTRICT TO ALLOW ADDITIONAL FLEXIBILITY RELATED TO COMMUNITY

ASSEMBLY USES IN THE BAYSIDE CONSERVATION (BC) ZONING DISTRICT WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (“City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of Downtown as a high quality, mixed-use district offering opportunities as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and WHEREAS, the Bayside Conservation (BC) District, extending from 4th Court to the west side of 2nd Street and the south side of Wilshire Boulevard to the east side of Broadway, is located within the DCP and is considered the pedestrian and economic heart of the City; and
WHEREAS, the DCP contemplates that the BC District will continue as a lively mix of pedestrian-oriented uses with dynamic activity day and night and promote a 17 hour/7 day active district, with land use regulations that support a diversity of entertainment and

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Packet Pg. 125 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 2 cultural options, in particular the addition of cultural amenities such as museums, theaters and cinemas; and
WHEREAS, the DCP supports activities that enrich the Promenade, located within the BC District, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities, including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and
WHEREAS, the Lincoln Transition (LT) District, consisting of parcels along Lincoln Boulevard within the DCP area, is envisioned as a transition to become a Downtown gateway while respecting the lower-scale residential neighborhood to the east; and WHEREAS, the DCP encourages the evolution of the LT District as the eastern gateway to the Downtown, with pedestrian realm and open-space standards to guide new investment in making Lincoln Boulevard a more walkable street, including promoting ground floor uses that active the street and serve the local community; and WHEREAS, the Wilshire Transition (WT) District consists of properties on the north side of Wilshire Boulevard between the east side of 2nd Street and west side of 7th Street, is located within the DCP and hosts a multitude of different building types and heights with both large Class-A office developments and smaller two- and three-story structures that house a mixture of small neighborhood serving retail and dining; and

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Packet Pg. 126 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 3 WHEREAS, the DCP contemplates that the WT District will continue to support smaller local serving uses that provide easily accessible goods and services to the surrounding neighborhood; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business, and visitor demand; and WHEREAS, the Office Campus (OC) District designation is applied to limited areas of the City, located outside the Downtown, that are currently developed with substantial office campus uses; and
WHEREAS, the OC District is intended to provide for office and similar uses which require large expanses of floor area on large parcels, as well as a diversity of housing types; and
WHEREAS, development intensity within the OC District is intended to provide for office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and

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Packet Pg. 127 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 4 WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and

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Packet Pg. 128 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 5 WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy; and the Downtown area is continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, Downtown’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade and the Downtown areas; and WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts that threaten the health, safety, and economic welfare of its citizens and businesses, may lead to public safety impacts, including, but not limited to, increased calls for emergency services, and WHEREAS, on October 25, 2022, City Council adopted an Ordinance amending the text of the City’s Zoning Ordinance related to economic recovery in commercial districts Citywide and in the area including and immediately adjacent to the Third Street Promenade; and
WHEREAS, these zoning changes codified Emergency Interim Zoning Ordinances approved in response to the COVID-19 pandemic and focused on relaxing barriers that

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Packet Pg. 129 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 6 had been shown to create unnecessarily difficult processes for simple changes of use, inhibiting the establishing of common neighborhood-servicing uses; and WHEREAS, on January 24, 2023, City Council held a discussion session requesting that the City develop strategies to revitalize the Third Street Promenade that included, but were not limited to, establishing an arts and entertainment district in the 1200 block of the Third Street Promenade, expanding outdoor dining opportunities, promoting available space and development opportunities, Zoning Ordinance amendments to expand allowable uses, and opportunities to partner with Downtown Santa Monica, Inc. on street performances; and
WHEREAS, before the COVID-19 pandemic, the City began discussions on the concept and feasibility of utilizing the top levels of City-owned parking structures in the Downtown area for new uses, including a rooftop cinema, but such discussions ceased due to the pandemic commencing in March 2020; and
WHEREAS, as a part of the City’s economic recovery measures post-COVID-19, Downtown Santa Monica, Inc., City staff, and a potential rooftop cinema operator have reengaged discussions on the concept; and
WHEREAS, these public parking structures are the most appropriate locations to allow for certain uses, including the proposed rooftop cinema, due to their locations, structural capacity, and size; and
WHEREAS, on April 11, 2023, as part of the City’s economic recovery efforts, and in response to regulations that were adopted in response to the COVID-19 pandemic, the City Council adopted Ordinance Number 2741 (CCS) (“Ordinance 2741”), adding Section

9.31.199, Outdoor Commercial Uses on Private Property, to the Zoning Ordinance, which

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Packet Pg. 130 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 7 allowed eligible businesses to use available private property to expand onsite commercial uses; and
WHEREAS, on March 14, 2023, when Council introduced Ordinance 2741 for first reading, Council directed staff to further explore the consideration of allowing other utilizations for underutilized privately owned lots that are not connected other brick and mortar businesses; and
WHEREAS, on July 25, 2023, due to the continued economic uncertainty arising out of the COVID-19 pandemic, and the high vacancy rate along the Promenade in the Downtown area, the City Council adopted Interim Zoning Ordinance Number 2754 (CCS) (“IZO 2754”), which adopted interim zoning regulations to: (1) provide greater flexibility for restaurants that provide entertainment within the Third Street Promenade Area District; (2) expand Alcohol Exemption (AE) permits to additional uses to further streamline the review of alcohol permits while also correcting and refining existing AE permit condition; (3) enable the Director of Planning to consider commercial uses that are not clearly defined in the Zoning Code; (4) extend terms for Temporary Use Permits; and (5) allow outdoor rooftop commercial uses on public parking structures owned by the City (the “interim zoning regulations”); and
WHEREAS, IZO 2754 became effective September 22, 2023 and was set to expire on November 22, 2023; and
WHEREAS, on October 10, 2023, the City Council adopted Interim Zoning Ordinance Number 2761 (CCS) (“IZO 2761”), extending the interim zoning regulations for the full 60 months in accordance with SMMC 9.46.090(C), to November 22, 2028; and

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Packet Pg. 131 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 8 WHEREAS, IZO 2761 further amended the interim zoning regulations to make certain minor changes, corrections and clarifications to correct terms and further clarify certain Alcohol Exemption operational standards; and
WHEREAS, on October 8, 2024, the City Council adopted Ordinance Number 2792 (CCS) (“Ordinance 2792”) to implement the City’s 6th Cycle (2021-2029) Housing Element, which included amendments to the residential use classifications within the City’s Downtown Districts; and
WHEREAS, as the City continues to support local businesses during this next phase of economic recovery following the pandemic, and to evaluate the 1200 block of the Promenade as a potential arts/entertainment district as well as the results of the land use changes included in the Interim Zoning Ordinance; and WHEREAS, the interim zoning regulations support a variety of potential commercial uses within Downtown; and
WHEREAS, allowing eligible businesses the flexibility to engage in new uses will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, since the adoption of the interim zoning regulations, the City has received additional inquiries from prospective businesses considering available tenant spaces within the Downtown area, including increased flexibility and streamlining for retenanting spaces and expanding streamlined approvals for alcohol service in the BC District, and streamlining approvals for larger restaurants in the WT and LT Districts; and WHEREAS, removing discretionary approval requirements for uses except those uses which typically result in impacts to surrounding uses, streamlines the re-tenanting process within the BC District; and

4.H.a
Packet Pg. 132 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 9 WHEREAS, the City has recently received inquiries related to the establishment of additional forms of entertainment in the BC District, including bar arcades, and removing restrictions associated with traditional gaming arcades within the BC District will increase opportunities or entertainment in the City’s commercial core; and WHEREAS, existing conditions for parcels in the WT District differ from conditions in the LT District in that parcels along Wilshire tend to be on sites that are built out or have ground floor tenant spaces integrated into a new or existing building, creating a natural buffer between the ground floor tenant space facing Wilshire and the residential uses to the north; and
WHEREAS, parcels along Lincoln Boulevard generally contain standalone buildings with some surface parking and residential uses are across an alley, which increases the possibility of impacts on adjacent residential uses from restaurant back-ofhouse operations in addition to potential noise and traffic impacts from customers, except that the west side of the LT District does not have immediate proximity to adjacent residential neighborhoods; and
WHEREAS, in light of existing conditions, it is appropriate to eliminate the conditional use permit requirement for larger restaurants in the WT District and the west side of the LT District; and
WHEREAS, providing more flexibility in re-tenanting vacant spaces and expanding streamlined approval for alcohol service to the entire Bayside Conservation (BC) District, and providing simplified approvals for larger restaurants in the WT and LT Districts, will provide greater certainty and predictability for property owners and their existing tenants, along with prospective businesses considering locations with these areas; and

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Packet Pg. 133 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 10 WHEREAS, since Council gave direction to staff to explore exclusively outdoor commercial uses in private property, the City has received inquiries with respect to conducting open air market activities; and
WHEREAS, the City’s zoning ordinance requires that uses occur primarily indoors, and allowing exclusively outdoor uses that are not associated with the primary business on a property requires further study due to the potential for impacts on adjacent sensitive uses; and
WHEREAS, conducting a pilot program to allow exclusively outdoor commercial uses on private property in the OC District, subject to regulations designed to reduce the impact of these temporary events on residential districts, will allow the City to study these uses for potential expansion to other areas of the City; and WHEREAS, on November 11, 2024, the City Council adopted Interim Zoning Ordinance Number 2794 (CCS) to amend the interim zoning regulations to: 1) maximize flexibility for Downtown uses, including relaxation of limitations on nonresidential land uses, including removing discretionary approval requirements for land uses and restrictions on game arcades in the Third Street Promenade Area and simplifying review for larger-sized restaurants in the LT and WT Districts; 2) expand eligibility for Alcohol Exemptions previously established for the Third Street Promenade Area to the BC District as a whole; and 3) establish a pilot program for exclusively outdoor commercial uses on private property in the OC District; and
WHEREAS, the City has continued its ongoing evaluation and simplification of zoning requirements that provide greater flexibility and streamlined review for new

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Packet Pg. 134 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 11 potential businesses to utilize existing buildings and tenant spaces within the Downtown and Third Street Promenade area; and
WHEREAS, community assembly uses, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(5), includes uses such facilities for public or private meetings, such as community centers, banquet center, religious assembly facilities, civic auditoriums, union halls, and meeting halls for clubs and other membership organizations; and
WHEREAS, community assembly uses are subject to several specific standards as set forth in 9.31.100, including, but not limited to, minimum parcel size, distance requirements from residential uses, landscaping, surface parking area screening, and limitation on permitted hours of operations from 7 a.m. to 10 p.m.; and WHEREAS, exempting community assembly uses located in the Bayside Conservation (BC) Districts will provide greater flexibility in re-tenanting vacant buildings and tenant spaces, support private organizations with greater opportunities in finding permanent meeting space within the centralized area of the Downtown, and further encourage a balanced mix of commercial and semi-public uses, consistent with the goals and policies of the DCP; and
WHEREAS, the proposed exemption for community assembly uses within the Bayside Conservation (BC) Districts is appropriate due to the proximity to the Third Stret Promenade, where the greatest mix of uses with the highest day and night activity is encouraged; and

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Packet Pg. 135 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 12 WHEREAS, the City now desires to amend the interim zoning regulations to exempt community assembly uses located in the Bayside Conservation (BC) Districts from the requirements set forth in Santa Monica Municipal Code Section 9.31.100; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact the COVID-19-mandated closures and limitations have had on the local economy, including, but not limited to, the high vacancy rate in the Third Street Promenade Area, and that the approval of additional use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with the current regulations would result in a threat to public health, safety, and welfare.

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

SECTION 1. Interim Zoning Regulations (changes below reflect amendments to interim zoning regulations set forth in Interim Zoning Ordinance Number 2794 (CCS) and amendments to the Zoning Ordinance adopted by Ordinance 2792. (A) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.080 to the contrary, the following regulations related to Determining Floor Area shall apply:

9.04.080 Determining Floor Area
A. Excluded from Floor Area. Floor area does not include:

1. Stairways and stairwells;

2. Elevators, elevator equipment rooms, and elevator shafts;

3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

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Packet Pg. 136 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 13 4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;

5. Unenclosed decks, balconies, porches, and platforms not used for commercial or restaurant activity;

6. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to exceed 42 inches in height with an allowable transparent barrier not to exceed 42 inches in height. The barrier shall be permanently affixed to the rooftop; b. Unenclosed rooftop areas, including barrier, shall be set back a minimum five feet from the edges of the building;
c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop;
d. Rooftop features such as sunshades, trellises, or canopies shall not exceed 10 feet in height with a maximum aggregate coverage of 50% of the unenclosed rooftop area;
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours.

7. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;

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Packet Pg. 137 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 14 8. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;

9. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum of one street frontage,
b. The portions of the parking area located above finished grade are a result of the site’s slope and cannot feasibly be fully subterranean due to geological or physical site constraints, and
c. The facades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped;

10. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade

11. Enclosures constructed pursuant to Section 9.31.060, Automobile Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS);

12. Attics;

13. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025;

14. Commercial outdoor space permitted pursuant to SMMC 9.31.199, Outdoor Commercial Uses on Private Property, and SMMC 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.

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Packet Pg. 138 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 15 15. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures as set forth in Section 9.10.050(a). (B) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.04.090 to the contrary, the following regulations related to Determining Floor Area Ratio shall apply:

9.04.090 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. For parcels containing one or more zoning designations, only that portion zoned for commercial or industrial use shall be used as parcel area when calculating floor area ratio.

A. Floor Area Ratio Exclusions

1. Floor area devoted to basements;

2. Unenclosed decks, balconies, porches, outdoor dining areas permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks, provided the dining areas have not more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property.

3. In the Third Street Promenade Area, any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to outdoor rooftop commercial use in accordance with SMMC 9.10.050(a).

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Packet Pg. 139 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 16 (C) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.10.040 to the contrary, the following land use regulations shall apply in the Downtown Districts:

9.10.040 Land Use Regulation
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses. Uses not listed in Table 9.10.040 may be permitted upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, uses permitted in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses. “L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. Uses not listed in Table 9.10.040 may be permitted after review and approval of a Minor Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires an MUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit. Uses not listed in Table 9.10.040 may be permitted after review

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Packet Pg. 140 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 17 and approval of a Conditional Use Permit upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, a use that requires a CUP in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses. “—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disruptive than Permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.

TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P L(1) L(1) P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P L(1) L(1) P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen MultipleUnit Dwelling P P L(1) L(1) P P P Section 9.31.195, Multiple-Unit

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Packet Pg. 141 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 18 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) L(1) L(1) MUP MUP MUP
Section 9.31.110,
Congregate
Housing
Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/C
UP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) L(1) L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) L(1) L(1) P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P L(1) L(1) P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P L(1) L(1) P P P
Residential Care, Senior P L(9) L(1) L(1) P L(9) L(9)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities Hospice, Limited P P L(1) L(1) P P P
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P L(1) L(1) P P P
Transitional Housing P P L(1) L(1) P P P
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(25) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly, except
that Community
Assembly uses
located within BC
(Third Street
Promenade Area)
and BC
(Excluding Third
Street Promenade

4.H.a
Packet Pg. 142 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 19 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Area) shall be
exempt.

Community Gardens P P L(25) P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P P P P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

Grooming and Pet Stores L(5)/CUP L(5)/CUP P P L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - -
CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8) L(8) L(8),
L(5)/C
UP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi
cle Washing
Service Station L(19) L(19) - - L(19) - - Section 9.31.320, Service Stations
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
P P L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -

4.H.a
Packet Pg. 143 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 20 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Business Services L(5)/CUP L(5)/CUP P P L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP L(24) P P - -
Cinemas & Theaters, more
than 99 seats
- - L(24) P CUP - -
Convention and Conference
Centers

CUP CUP P P CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(25) P L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(25) P L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP L(26) L(26) CUP CUP - Section 9.31.040, Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P P P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Section 9.31.200,
Outdoor Dining
and Seating
Section 9.31.290,
Restaurants with
Entertainment
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)

P P P P P P P
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
L(28)/CU
P

P P P P P CUP
Food Hall (up to 175 seats) CUP CUP P P CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP P P L(5)/C
UP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
P P L(12)/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic
Beverage Sales Liquor Stores CUP CUP L(26) L(26) CUP CUP - Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
P P L(5)/C
UP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.

4.H.a
Packet Pg. 144 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 21 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Bed and Breakfast MUP MUP P P MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP P P CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - P L(5)/C UP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P P L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP P P MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CUP P P L(5)/C
UP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17) L(17) L(17),
L(5)/C
UP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
P P P P P P P Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services

P - - - - - -
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, SmallScaleL(5)/CUP L(5)/CUP P P L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P P CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medicinal Cannabis
Retailers
CUP - - - - - - Section 9.31.185,
Medicinal
Cannabis
Retailers
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(2) L(1) P P P
Commercial Kitchens - - - CUP - -
Industry, Limited - - L(2),
L(23)
- - - -

4.H.a
Packet Pg. 145 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 22 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Media Production See sub-classifications below.

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line. (4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the livework unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the

4.H.a
Packet Pg. 146 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 23 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
approval of a Conditional Use Permit.
(15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP.
(21) Except in Santa Monica Place, no individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and (b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products. (24) Permitted use. Additionally, outdoor cinemas/theaters are permitted, limited only to City-owned property or the rooftops on Cityowned parking structures. (25) Permitted use. Additionally, any outdoor use shall be limited only to City-owned property or the rooftops on City-owned parking structures.
(26) Permitted, subject to obtaining an Alcohol Exemption pursuant to SMMC 9.31.040(D)(2). If no Alcohol Exemption is obtained, a Conditional Use Permit is required.
(27) Restaurants up to 7,500 sf and located at least 75 feet of a residential use in a residential district are permitted. All other restaurants shall require approval of a Conditional Use Permit.
(28) Permitted if located on the west side of Lincoln Boulevard. Restaurants located on the east side of Lincoln Boulevard shall require approval of a Conditional Use Permit.
(D) Notwithstanding any provisions of Santa Monica Municipal Code to the contrary, the following regulations set forth in Section 9.10.050 related to Outdoor Rooftop Uses on City-Owned Parking Structures shall apply:

9.10.050 Outdoor Rooftop Commercial Uses on City-Owned Parking Structures Any proposed conversion of parking area to accommodate an outdoor rooftop commercial use on the top-level of an existing City-Owned parking structure within the Third Street Promenade Area shall be subject to the following:

4.H.a
Packet Pg. 147 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 24 A. Excluded as Floor Area and from Floor Area Ratio. Any unenclosed rooftop parking areas on City-Owned Parking Structures that are converted to and utilized as outdoor rooftop commercial space as permitted in the district, including any new enclosed structures supportive of such permitted uses erected within the converted parking area including but not limited to, temporary or permanent restroom facilities, concession stands, and storage structures, shall be excluded from floor area and floor area ratio requirements.

B. Allowable Height Projections. Maximum height projections as measured from the finished parking surface level, including any deck-leveling surfaces as required, shall be allowed as set forth in Section 9.21.060(A).

C. Applicability Certain Land Use and Zoning Related Provisions.

Notwithstanding anything to the contrary in Chapters 9.65, Child Care Linkage Program,

9.66, Transportation Impact Fee Program, 9.67, Parks and Recreation Development Impact Fee Program, and 9.68, Affordable Housing Commercial Linkage Fee Program, for purposes of determining applicability, conversion of rooftop parking area on Cityowned parking structures to outdoor rooftop commercial use shall not be considered a “Project” and shall not be subject to associated impact fees. (E) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.21.060 to the contrary, the following regulations related to Height Projections shall apply:

9.21.060 Height Projections
No structure shall project above the height limits established in this Article except as specified in this Section.

4.H.a
Packet Pg. 148 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 25 A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section

9.21.150).

TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE Structure
Maximum Aggregate
Coverage of Building’s Roof
Area (%); Other Locational
Restrictions
Maximum
Vertical
Projection (ft.)
Above the Height
Limit*
Projections Allowed in All Zoning Districts:

Skylights No limit 1 ft.

Skylights on flat roofs 30%; May not be located
within 5 ft. of any edge of
the roof
5 ft.

Chimneys, vent stacks 5% 5 ft.

Windscoops 5% 5 ft.

Solar energy systems located on a rooftop See Section 9.21.150 See Section

9.21.150
Antennas
One standard television receive-only nonparabolic
antenna and one vertical whip
Antenna
10%; May not be located
between the building and
any
street-facing parcel line
25 ft.

Other antennas See Chapter 9.32, Telecommunications Facilities TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS AND DAYLIGHT PLANE

4.H.a
Packet Pg. 149 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 26 Structure
Maximum Aggregate
Coverage of Building’s Roof
Area (%); Other Locational
Restrictions
Maximum
Vertical
Projection (ft.)
Above the Height
Limit*
Parapets, fire escapes, catwalks, and open guard rails
required by law As required by law As required by
law
Projections Allowed in All Districts Except R1 and OP-1 Districts:

Non-occupiable features such as steeples, spires, towers, domes, and cupolas 10% 10 ft.

Rooftop features for outdoor living areas, such as
sunshade, open railings, trellises, and landscaping 25% 10 ft.

Elevator shafts 15% 18 ft.* above
the roofline
Stairwells 25% 14 ft.* above
the roofline
Mechanical rooms and enclosures 25% 12 ft.* above
the roofline
Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building,
along with screening of such equipment
required by Section 9.21.140, Screening
Total area enclosed by all
screening may not exceed
30% of roof area
12 ft.

Projections Allowed for Outdoor Rooftop Commercial Uses on City-Owned Parking Structures Located in the Third Street Promenade Area:

Outdoor cinema and theater screens. None 25 ft. above the finished parking
surface level,
including deckleveling surfaces as
required.

Concession stands, restroom facilities, storage
structures, shade structures, or similar structures
associated with rooftop cinemas/theaters,
None 15 ft. above the
finished parking
surface level,
including deckleveling surfaces as
required.

Structures associated with rooftop community
assembly, community gardens, and small/large-scale
commercial entertainment and recreation facilities
None 15 ft. above the
finished parking
surface level,
including deckleveling surfaces as
required.
(F) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.28.040 to the contrary, the following regulations related to Calculating Off-Street Parking and Loading Spaces shall apply:

9.28.040 Calculating Off-Street Parking and Loading Spaces

4.H.a
Packet Pg. 150 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 27 A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.

1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces.

Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided.

2. Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.

3. Non-residential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for non-residential uses shall include:
a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and

4.H.a
Packet Pg. 151 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 28 b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.

4. Multiple Uses. When two or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.

5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining areas and other outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property, and Section

9.31.200, Outdoor Dining and Seating on Sidewalks.

4.H.a
Packet Pg. 152 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 29 (G) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.040 to the contrary, the following regulations related to Alcoholic Beverage Sales shall apply:

9.31.040 Alcoholic Beverage Sales
A. Purpose.

1. To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption. To regulate traditional alcohol outlets, including bars, restaurants, liquor stores, and supermarkets, as well as new types of alcohol outlets, to ensure that public health, safety, and welfare are not threatened.

2. To establish control measures that will permit the City to review and approve new alcohol outlets on a case-by-case basis and to condition that approval based on the specific type of alcohol outlet, neighborhood location, and potential problems involved.

B. Conditional Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Conditional Use Permit unless the proposed use has received an Alcohol Exemption Zoning Conformance Permit in accordance with subsection D or is otherwise determined to be exempt after a Zoning Conformance Review in accordance with subsection E.

C. Findings for Approval of Conditional Use Permit. The Planning Commission, or the City Council on appeal, may approve the dispensing, for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption only if, in addition to the required findings for Conditional Use

4.H.a
Packet Pg. 153 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 30 Permits contained in Section 9.41.060, Required Findings (for a Conditional Use Permit), all of the following findings can be made in an affirmative manner:

1. The proposed alcohol sales will not adversely affect the welfare of neighborhood residents in a significant manner;

2. The proposed alcohol sales will not contribute to an undue concentration of alcohol outlets in the area;

3. The proposed alcohol sales will not detrimentally affect nearby neighborhoods, considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets; and

4. The sale of alcohol will not increase traffic congestion or generate a demand for parking that will adversely affect surrounding businesses and residents.

D. Alcohol Exemption Zoning Conformance Permit.

1. Citywide Excluding the Bayside Conservation (BC) District, Santa Monica Place, and Santa Monica Pier. Except as provided in paragraphs 2 and 3, below, limited and full-service restaurants that offer alcoholic beverages incidental to meal service that are located citywide, excluding the Bayside Conservation (BC) District and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:

4.H.a
Packet Pg. 154 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 31 a. If a counter service area is provided, food service shall be available at all hours the counter is open for patrons, and the counter area shall not function as a separate bar area;
b. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted;
c. Customers shall be permitted to order meals at all times and at all locations where alcohol is being served. The establishment shall serve food to patrons during all hours the establishment is open for customers; d. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared on the premises;
e. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license;
f. No video or other amusement games shall be permitted on the premises;
g. Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment;
h. The primary use of any outdoor dining area shall be for seated meal service. Patrons who are standing in the outdoor seating area shall not be served; i. The operation shall at all times be conducted in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator shall control noisy patrons leaving the restaurant;

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Packet Pg. 155 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 32 j. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 12:00 a.m. with complete closure and all employees vacated from the building by 1:00 a.m. All alcoholic beverages must be removed from the outdoor dining area no later than 11:00 p.m. Sunday through Thursday. No after-hours operation is permitted;
k. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. All food items shall be available from the premises’ full service menu;
l. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted.

There shall not be any age limitation imposed restricting access to any portion of the restaurant;
m. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant; n. Establishments with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code;

4.H.a
Packet Pg. 156 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 33 o. Prior to occupancy, a security plan shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues;
p. Prior to occupancy, the operator shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABCsponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the employee shall attend the alcohol awareness training within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator shall provide the City with an annual report regarding compliance with this requirement. The operator shall be subject to any future Citywide alcohol awareness training program affecting similar establishments; q. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the State ABC;
r. Prior to occupancy, the operator shall submit a plan describing the establishment’s designated driver program, which shall be offered by the operator to the establishment’s patrons. The plan shall specify how the operator will inform

4.H.a
Packet Pg. 157 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 34 patrons of the program, such as offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages;
s. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood;
t. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons; and u. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director;
v. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

2. Bayside Conservation (BC) District and Santa Monica Place.

Notwithstanding the provisions of paragraph 1, above, in the Bayside Conservation (BC) District and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, the following uses that offer alcoholic beverages incidental to the primary use, including bars/nightclubs/lounges that primarily serve alcoholic beverages, shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the

4.H.a
Packet Pg. 158 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 35 Director and if the applicant agrees in writing to comply with all of the following criteria and conditions established for each use:
a. Restaurants (Full-Service and Limited Service and Take Out) and Food Halls
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. Entertainment may only be permitted in the manner set forth in Section 9.31.290(D), Restaurants with Entertainment; vi. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
vii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.

4.H.a
Packet Pg. 159 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 36 viii. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
ix. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
x. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises

4.H.a
Packet Pg. 160 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 37 shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
xi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
xii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xiii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xiv. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xv. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

4.H.a
Packet Pg. 161 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 38 xvi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. b. Bars/Nightclubs/Lounges
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. iv. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
v. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.

4.H.a
Packet Pg. 162 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 39 vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
viii. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how

4.H.a
Packet Pg. 163 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 40 the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
x. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
xii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. c. Convenience Markets and Liquor Stores
i. The permitted hours of alcoholic beverage sales shall be 8:00 a.m. to 10:00 p.m. daily.
ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.

4.H.a
Packet Pg. 164 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 41 iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
v. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vi. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
vii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. viii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. d. Cultural Facilities and Instructional Services

4.H.a
Packet Pg. 165 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 42 i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Service of alcoholic beverages shall be incidental to the primary use.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vi. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program

4.H.a
Packet Pg. 166 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 43 within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
viii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.

4.H.a
Packet Pg. 167 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 44 xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. e. Outdoor Rooftop Commercial Uses: Cinemas, Community
Assembly, Small/Large-Scale Commercial Entertainment and Recreation Facilities i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iii. Premises with amplified sound or music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
iv. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
v. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and

4.H.a
Packet Pg. 168 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 45 inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
vi. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
vii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.

4.H.a
Packet Pg. 169 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 46 viii. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. ix. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.
x. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xi. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. f. Commercial Entertainment and Recreation: Small-Scale Facilities and Large-Scale Facilities
i. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
ii. Service of alcoholic beverages shall be incidental to the primary use.
iii. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.

4.H.a
Packet Pg. 170 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 47 iv. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted. v. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
vi. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.
vii. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
viii. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcoholawareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90

4.H.a
Packet Pg. 171 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 48 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.
ix. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
x. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free non-alcoholic drink for every party of 2 or more ordering alcoholic beverages.
xi. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. xii. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.

4.H.a
Packet Pg. 172 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 49 xiii. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division.

Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director. xiv. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section. g. Retail Sales: General Retail Sales, Small-Scale and Medium-Scale i. The permitted hours of alcoholic beverage sales for off-site consumption and or on-site tasting shall be 8:00 a.m. to 2:00 a.m. daily. ii. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
iii. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
iv. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. v. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
vi. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training

4.H.a
Packet Pg. 173 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 50 programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation.

The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABCsponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments. vii. Within 30 days from the date of approval of the exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
viii. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages.

4.H.a
Packet Pg. 174 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 51 ix. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
x. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. xi. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans. Minor amendments to the plans shall be subject to approval by the Director.
xii. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

3. Santa Monica Pier. Notwithstanding the provisions of paragraph 1, above, limited and full service restaurants, bars/nightclubs/lounges, food halls, and small and medium scale general retail sales on the Santa Monica Pier shall be exempt from the provisions of the Conditional Use Permit requirement of subsection B of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions:
a. The permitted hours of alcoholic beverage service shall be 8:00 a.m. to 2:00 a.m. daily.
b. From 8:00 a.m. until at least 10:00 p.m., food service shall be available at all times when alcohol is being served.

4.H.a
Packet Pg. 175 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 52 c. Sale of alcoholic beverages for consumption beyond the premises shall be permitted if authorized by the premises’ California Alcoholic Beverage Control (“ABC”) license.
d. Window or other signage visible from the public right-of-way that advertises beer or alcohol shall not be permitted.
e. Except as may be permitted by a Temporary Use Permit issued in accordance with Santa Monica Municipal Code Chapter 9.44, Temporary Use Permits, alcohol shall not be served in any disposable containers such as disposable plastic or paper cups.
f. The premises shall at all times conduct operations in a manner not detrimental to surrounding properties by reason of lights, noise, activities or other actions. The operator of the premises shall control noisy patrons leaving the premises.
g. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless food service is provided concurrent with the bottle service. For purposes of this paragraph, “bottle service” means the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, or other items used for the mixing of drinks, which patrons are able to then use to make their own drinks or pour their own wine or beer.
h. The premises shall not organize or participate in organized “pubcrawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the premises.

4.H.a
Packet Pg. 176 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 53 i. Premises with amplified music shall be required to comply with Chapter 4.12, Noise, of the Santa Monica Municipal Code. j. Prior to occupancy, a security plan for the premises shall be submitted to the Chief of Police for review and approval. The plan shall address both physical and operational security issues.
k. Prior to occupancy, the operator of the premises shall submit a plan for approval by the Director regarding employee alcohol awareness training programs and policies. The plan shall outline a mandatory alcohol-awareness training program for all employees having contact with the public and shall state management’s policies addressing alcohol consumption and inebriation. The program shall require all employees having contact with the public to complete an ABC-sponsored alcohol awareness training program within 90 days of the effective date of the exemption determination. In the case of new employees, the plan shall require all such new employees to attend an ABC-sponsored alcohol awareness training program within 90 days of hiring. In the event the ABC no longer sponsors an alcohol awareness training program, all employees having contact with the public shall complete an alternative program approved by the Director. The operator of the premises shall provide the City with an annual report regarding compliance with this requirement. The operator of the premises shall be subject to any future Citywide alcohol awareness training program affecting similar establishments.

4.H.a
Packet Pg. 177 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 54 l. Within 30 days from the date of approval of this exemption, the applicant shall provide a copy of the signed exemption to the local office of the ABC.
m. Prior to occupancy, the operator of the premises shall submit a plan describing the premises’ designated driver program, which shall be offered by the operator to the premises’ patrons. The plan shall specify how the operator will inform patrons of the program, such as by offering on the menu a free nonalcoholic drink for every party of 2 or more ordering alcoholic beverages. n. Notices shall be prominently displayed urging patrons to leave the premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood.
o. Employees of the premises shall walk a 100-foot radius from the premises at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. p. The exemption shall apply to approved and dated plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. Minor amendments to the plans shall be subject to approval by the Director.
q. In the event of a conflict between the regulations of this Section and regulations issued by the ABC, the ABC regulations shall control and be deemed to have modified contrary provisions of this Section.

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Packet Pg. 178 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 55 4. With respect to the Director’s decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats and subject to subsection D(1) above, within 2 business days from the date when the determination has been made concerning the application and posted on the City’s website, the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application.

E. Zoning Conformance Review.

1. When an existing alcohol outlet without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review in accordance with the following:
a. Except as provided in paragraph b, below, an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Conditional Use Permit shall be required where operations have been discontinued for a period of over one year.

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Packet Pg. 179 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 56 i. The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs:
(1) The business license lapses;
(2) The site is vacated;
(3) The lease is terminated;
(4) Utilities are terminated; or
(5) A conforming use that meets the applicable
requirements of this Article is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the one-year period has commenced under subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days.

Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet.
iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use.

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Packet Pg. 180 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 57 iv. Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a Conditional Use Permit was obtained in the past for the premises. v. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5% increase in the floor area of the premises, a 10% increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. (1) “Bottle service” shall mean the service of any
full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
(2) “Cover charge” shall mean requiring payment
of customers before they may enter the establishment.
b. Notwithstanding the provisions of paragraph a, above, when an existing alcohol outlet (i) located within the Bayside Conservation (BC)

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Packet Pg. 181 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 58 District and (ii) without a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to confirm consistency with current operations, except that an existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit shall not be subject to a zoning conformance review if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. As used in this paragraph, a substantial change in mode or character of operation shall include, but is not limited to: a 5% increase in the floor area of the premises; a 10% increase in the shelf area used for the display of alcoholic beverages; implementing a cover charge, that is, requiring payment from customers before they may enter the premises; or a 5% increase in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

2. When an existing alcohol outlet with a Conditional Use Permit changes ownership or undergoes an interior remodel, it shall be subject to Zoning Conformance review to ensure compliance with the existing CUP.
(H) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.290 to the contrary, the following regulations related to Restaurants with Entertainment shall apply:

9.31.290 Restaurants with Entertainment

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Packet Pg. 182 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 59 A. Except as provided in subsection B, below, restaurants may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

1. There is sit down meal service provided at all times while the entertainment is taking place.

2. There is no permanent or temporary dance floor or dance area for patrons.

3. There is no cover charge or minimum drink purchase requirement.

4. The entertainment is provided only in the dining areas.

5. No more than three television screens including video projectors or similar audio/visual devices shall be utilized on the premises. None of these televisions or projection surfaces shall exceed 60 inches measured diagonally. No billiard/pool tables, video games, bowling, darts, and other similar entertainment activities may be provided.

6. Liquor bottle service shall be prohibited. Wine and beer bottle service shall not be available to patrons unless full meal service is provided concurrent with the bottle service. All food items shall be available from the full service menu. Bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

7. No organized queuing of patrons at the entry or checking of identification to control entry into and within the establishment shall be permitted. There shall not be any age limitation imposed restricting access to any portion of the restaurant.

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Packet Pg. 183 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 60 8. The establishment shall not organize or participate in organized “pub-crawl” events where participants or customers pre-purchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

9. Establishments with amplified music shall comply with Section 4.12.140.

B. Third Street Promenade Area and Santa Monica Place. Notwithstanding the provisions of subsection A, restaurants located in the Third Street Promenade Area and the area bounded by 2nd Street to the west, Broadway to the north, 4th Street to the east, and Colorado to the south, may provide entertainment including but not limited to music, DJs, song, dance, stand-up comedy, and poetry readings for the patrons’ enjoyment if they meet the following standards.

1. There is sit down meal service provided at all times while the entertainment is taking place.

2. The entertainment is provided indoors only within the dining areas.

3. Dancing shall be ancillary to the primary restaurant use and temporary dance areas may be provided within portion(s) of the dining area provided that seating for sit down meal service is available for patrons at all times while dancing is taking place.

4. There is no cover charge or minimum drink purchase requirement.

5. Establishment shall comply with SMMC Chapter 4.12 Noise, except that Section 4.21.140 Nightclubs, Bars and Establishments with Amplified Music shall not apply.

C. A restaurant with entertainment beyond the scope of the limitations set forth in subsections A or B above, as applicable, shall also be considered a Bar/Nightclub/Lounge

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Packet Pg. 184 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 61 as defined in Chapter 9.51, and such entertainment use shall be prohibited unless a separate Conditional Use Permit for that use has been obtained. (I) Santa Monica Municipal Code Section 9.31.199.5, Pilot Program for Exclusively Outdoor Commercial Uses on Private Property in the Office Campus District, shall be added and read in its entirety as follows:

9.31.199.5 Pilot Program for Exclusively Outdoor Commercial Uses on Private Property in the Office Campus District
A. Purpose and Applicability. The purpose of this Section is to initiate a pilot program that permits commercial uses that occur predominantly on outdoor spaces, such as outdoor antique markets, night markets, and similar multi-vendor open-air ventures in the Office Campus (OC) District while ensuring that they do not result in an adverse impact on adjacent land uses, with emphasis on any surrounding residential uses. The requirements of this Section are not applicable to outdoor sales conducted in conjunction with an existing retail business. See Section 9.31.220, Outdoor Retail Display and Sales.

B. Definitions. The definitions in Section 9.52.020 apply to the terms and phrases in this Section, unless otherwise specified herein. In addition, the following terms and phrases have the following meanings when used in this Section:

1. Exclusively Outdoor Commercial Use. A commercial uses that occurs predominantly outdoors. Exclusively Outdoor Commercial Uses may be operated by businesses that do not meet the definition of Eligible Business for purposes of Sectoin

9.31.199, Outdoor Commercial Uses on Private Property.

C. Limitation on Exclusively Outdoor Commercial Uses. Exclusively Outdoor Commercial Uses shall be designed, located, and operated in accordance with the

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Packet Pg. 185 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 62 requirements of this Section. No Exclusively Outdoor Commercial Use may operate within the City without first obtaining a Zoning Conformance Review Permit in accordance with Chapter 9.38.

D. Location; Minimum Distance from Residential Districts.

1. Exclusively Outdoor Commercial Uses may be permitted on surface parking lots in the Office Campus (OC) District. Exclusively Outdoor Commercial Uses are not required to be associated with the primary use of the parcel on which they are located.

2. The perimeter of the Exclusively Outdoor Commercial Use shall be located a minimum of 500 feet from any residential district.

E. Minimum Parcel Size. Exclusively Outdoor Commercial Uses may be conducted on parcels of 30,000 square feet or greater.

F. Duration of Use. Exclusively Outdoor Commercial Uses may only operate four times per month for no more than five consecutive days. Setup and cleanup may occur for up to two consecutive days prior to and after the market operations.

G. Food Sales. Food sales may be provided, including from food trucks, subject to compliance with all applicable law, including, but not limited to, City and County regulations. The requirements of Section 9.31.190, Mobile Food Truck Off-Street Venue, shall not apply to Exclusively Outdoor Commercial Uses complying with the provisions of this Section.

H. Hours of Operation. The hours of operation shall not exceed 7 a.m. to 11 p.m. each day of the event. Setup shall begin no earlier than 5 a.m. and all cleanup shall be concluded no later than 12 midnight.

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Packet Pg. 186 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 63 I. Amplified Sound. No amplified sound, including, but not limited to, music or a public address system, shall be audible beyond the boundaries of the parcel on which the Outdoor Commercial Use is being conducted.

J. Parking and Circulation. A parking, loading, and circulation plan shall be approved by the Mobility Division through the Zoning Conformance Review process to ensure that events do not adversely impact vehicular traffic, safety, public right-of-way, or transit services.

K. Sanitary Facilities. A minimum of two portable sanitary facilities (including at least one ADA accessible stall) shall be located onsite and remain open for public use throughout the duration of the event. Additional sanitary facilities shall be provided in compliance with the current Building and Plumbing Codes, if applicable.

L. Security. Private security shall be provided during all hours that the event is open to the public.

M. Solid Waste and Litter. Refuse and recycling containers shall be provided for the proper disposal of litter. There shall be personnel assigned to clean up litter throughout the duration of the event.

1. A refuse and recycling plan shall be prepared for review by the City’s Resource Recovery and Recycling Division through the Zoning Conformance Review process if the Exclusively Outdoor Commercial Use meets any of the following:
a. More than 1,000 attendees are anticipated;
b. If more than 2,500 attendees are anticipated; or
c. If food or beverages will be served.

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Packet Pg. 187 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 64 N. Licensing. Each vendor shall be properly licensed, including, but not limited to, licenses required by the City and/or the Los Angeles County Department of Public Health, as applicable.

O. Building Permits and/or Fire Department Permits. Any proposed temporary stand, platforms, fences, canopies, tents and other similar miscellaneous structures requiring a building permit, or special building permit for a limited period of time, shall obtain such required permit in accordance with the Building Code. Fire Department permits or review and approval by the Fire Department may also be required for tents, canopies, open flames, candles, and or cooking, and such permits or review shall also be obtained in accordance with all applicable law.
(J) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.340 to the contrary, the following regulations related to Small Scale Facility (Commercial Entertainment and Recreation), Game Arcades shall apply:

SMMC 9.31.340 Small Scale Facility (Commercial Entertainment and Recreation), Game Arcades.

The noise and loitering commonly associated with game arcades tend to decrease compatibility with adjacent and surrounding uses. In order to mitigate the impacts of hits use on other land uses, specific location limitations, development standards, and provisions shall be imposed on arcades and video machines. The following performance standards shall apply to game arcades.

A. Applicability.

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Packet Pg. 188 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 65 1. Except as provided in subsection 2, below, arcades shall be permitted only in the OF District with approval of a Minor Use Permit and only in the following 2 locations:
on the Santa Monica Pier and fronting on the Promenade. A Minor Use Permit shall also be required for existing arcades at such time as those arcades apply for City permits for expansion or remodeling or any other development requiring a permit from the City or within one year of the date of adoption of this Ordinance.

2. Notwithstanding anything to the contrary in subsection 1, above, the provisions of this Section 9.31.340 shall not apply to game arcades located in the Bayside Conservation (BC) District.

B. Number of Machines. Four or fewer arcade or game machines shall be permitted in any commercial business. More than four arcade or game machines for any commercial business constitutes an arcade which shall be subject to the standards and provisions of this Section.

C. Noise Attenuation Requirements.

1. Any arcade building or tenant space shall be constructed to achieve a minimum sound transmission class (STC) sound rating of 50 between the arcade and any adjacent use that shares a common wall or floor-ceiling assembly.

2. All arcades shall comply with the City’s noise ordinance, Chapter 4.12.

D. Maximum Number of Machines. The number of arcade or game machines shall not exceed one machine per each 30 square feet of floor area.

E. Adult Supervision/Surveillance. All arcade and game machines and all areas of the business shall be readily observed at all times by an adult supervisor of the arcade either by direct observation from a raised dais or through a video camera monitoring

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Packet Pg. 189 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 66 system approved by the Santa Monica Police Department with cameras positioned so that the supervisor can observe all areas of the arcade simultaneously on a multi-screen monitor. If a video camera monitoring system is utilized, it shall be installed so that the monitoring supervisor is visible from the main arcade area and a sign shall be displayed at all entries to the arcade informing patrons that a video monitoring system is in use. In addition to the required supervision from a raised dais or video camera monitoring system, an adult supervisor shall be present in the main arcade area at all times that the arcade is open. If the number of arcade and game machines exceeds forty, there shall be 2 such adult supervisors present in the main arcade area.

F. Lighting. The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

G. Bicycle Racks. A bicycle storage rack or racks accommodating a minimum of four bicycles shall be maintained adjacent to the arcade building and off the public sidewalk to adequately accommodate bicycles utilized by arcade patrons. (K) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.31.370 to the contrary, the following regulations related to Temporary Uses and Seasonal Sales shall apply:

SMMC 9.31.370 Temporary Uses and Seasonal Sales
A. This Section establishes standards and requirements for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. Temporary uses shall require approval of a Temporary Use Permit pursuant to Chapter 9.44 with the following exceptions:

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Packet Pg. 190 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 67 1. Seasonal sales of holiday-related items such as Christmas trees, pumpkins and similar items that have a duration of not more than 45 consecutive calendar days and are conducted in conjunction with an established retail commercial business holding a valid City business license or conducted by a school or place of worship;

2. Temporary carnivals, fairs, and festivals with a duration of not more than 3 days when conducted by a school or place of worship on land owned by the school or place of worship;

3. Art displays under the sponsorship of any recognized art organization or accredited school on any parking lot in any commercial or industrial district provided that the art display is on a Saturday, Sunday, or holiday when the place or places of business, which have control of the parking lot are not open for business on the day the art display is to occur;

4. Trailers that provide residences for security personnel associated with any approved construction site;

5. Construction offices where approved construction projects are being diligently completed;

6. Yard sales limited to 2 per calendar year, for each dwelling unit, for a maximum of 2 days each;

7. Events which occur in theaters, meeting halls, or other permanent public assembly facilities;

8. Private social gatherings in private residences.

B. Temporary Uses Requiring a Temporary Use Permit. Temporary uses may be permitted with the approval of a Temporary Use Permit, pursuant to Chapter 9.44,

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Packet Pg. 191 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 68 Temporary Use Permits, subject to compliance with the standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

1. Stand-Alone Seasonal Sales. Seasonal sales of holiday related items such as Christmas trees, pumpkins, and similar items conducted for a period not to exceed 45 consecutive calendar days.

2. Temporary Outdoor Sales. Temporary outdoor sales conducted by an established retail commercial business holding a valid City business license, including, but not limited to, grand opening events, sidewalk sales, and other special sales events subject to the following standards:
a. Temporary outdoor sales shall be conducted by an established retail commercial business holding a valid City business license for the same site. b. Outdoor display and sales areas must be located on a paved or concrete area on the same parcel as the structure(s) containing the business with which the temporary sale is associated.
c. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
d. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period, except sidewalk sales located on the public rightof-way shall be limited to 2 events for periods not exceeding 3 consecutive days

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Packet Pg. 192 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 69 each within any 12-month period. Business Improvement Districts and Areas shall be exempt from the limitations on number of events.

3. Special Events. Other short-term special events, outdoor sales, art sales, and displays that do not exceed 3 consecutive days, may be permitted in accordance with the following standards:
a. Location. Events are limited to nonresidential districts. b. Number of Events. No more than 4 events shall be allowed on any 1 site within any 12-month period.
c. Recreational Special Events. Short-term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site.
d. Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:
i. Location. Events are limited to areas within commercial or employment districts, or on land owned by a school or place of worship. ii. Time Limit. When located adjacent to a Residential District, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

4. Other Temporary Uses. The following temporary uses may also be permitted subject to the approval of a Temporary Use Permit when conducted for a period not to exceed 180 consecutive calendar days:
a. Circuses and carnivals subject to compliance with Article 6 of the Municipal Code;

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Packet Pg. 193 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 70 b. Fairs, festivals, and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
c. Off-site contractors’ construction yards;
d. Similar temporary uses or other temporary uses supportive of economic recovery, which the Director has determined will be compatible with the purposes of the district and surrounding land uses.
e. The Zoning Administrator may approve a single extension of a Temporary Use Permit under this subsection for an additional 180 days, subject to any additional operational conditions as deemed necessary, and subject to a finding that the operation of the approved temporary use at the location and within the time period specified operated in a manner that did not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare.

Any proposed extension exceeding 180 days not meeting the requirements of this subsection be shall be subject to Minor Use Permit approval pursuant to Subsection C below.

C. Temporary Uses Requiring a Minor Use Permit. Other special events, temporary uses, outdoor sales, and displays not specifically limited under this Section that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits.

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Packet Pg. 194 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 71 (L) Notwithstanding any provisions of Santa Monica Municipal Code Section 9.44.060 to the contrary, the following regulations related to Temporary Uses Requiring a Minor Use Permit shall apply:

SMMC 9.44.060 Temporary Uses Requiring a Minor Use Permit Other special events, temporary uses, outdoor sales, and displays not specifically limited under Section 9.31.370 that exceed 180 consecutive calendar days shall require the approval of a Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Interim Zoning Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Interim Zoning Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Interim Zoning Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Zoning Ordinance. The City Council hereby declares that it would have passed this Interim Zoning Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Interim Zoning Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Interim Zoning Ordinance. The City Clerk shall cause the same to be published once

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Packet Pg. 195 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second 72 in the official newspaper within 15 days after its adoption. This Interim Zoning Ordinance shall become effective 30 days after its adoption.

SECTION 5. This Ordinance shall be of no further force or effect as of November 22, 2028.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 196 Attachment: CDD-Ord- Promenade IZO Amendment + Outdoor Markets (Community Assembly) 2d (7018 : Economic Recovery IZO - Second City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 4.I
1 of 6
To: Mayor and City Council
From: Dana Brown, Human Resources Director, Human Resources Department Subject: Authorize the Procurement Manager to Issue Purchase Orders to Temporary Staffing Agencies
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the purchase orders are not a “project” subject to the California Environmental Quality Act (CEQA)

4. 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.

Summary
Staff recommends that the City Council authorize the Procurement Manager to issue purchase orders to six temporary staffing agencies on an as-needed basis to provide the City with temporary staffing services for a five-year term. These services are necessary to ensure sufficient staffing levels when employees are on leave, to temporarily fill vacant positions while recruiting to fill such positions on a permanent basis, and to address needs for additional temporary assistance. The need for these asneeded services varies on an annual basis; therefore, Human Resources seeks

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approval to issue purchase orders with six vendors to ensure appropriate resources are in place to conduct such work as the need arises. The projected aggregate not to exceed amount of the services would be $12,210,200 over a five-year period. The services would be paid for by the departments utilizing such services within their respective budgets, contingent on availability of funding.

Discussion
City departments utilize Temporary Staffing Agencies for a variety of reasons, including temporarily staffing positions held by permanent employees on leave and to temporarily fill vacant positions while recruiting to fill such positions on a permanent basis. In such instances, City departments request a temporary staff person through the Human Resources Department. Human Resources staff work with the requesting department to fully assess the need and then selects from the list of pre-approved agencies to acquire the assistance, ensuring that the temporary staff possess the necessary qualifications.

Once the temporary staff person is assigned, Human Resources staff remain in communication with the requesting department to monitor the appointment to ensure compliance with CalPERS regulations and internal policies. In FY2022-2023 and 2023- 2024, the City utilized staff from temporary agencies 48 times with a total cost of $2,600,955 to support administrative and professional functions.

The total requested amount for approval is based on anticipated temporary staffing needs for the current and upcoming fiscal years. Expenditures will be charged to various departmental budgets and accounts as services are rendered. Before engaging with vendors, HR will ensure requesting departments have available funding for these services from their existing departmental adopted budgets.

City departments are responsible for the temporary staffing services through the Purchase Order (PO) process. This ensures that financial transactions are clearly documented and tracked for staffing needs and departments remain within budgetary constraints.

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The estimated expenditure for temporary staff is not expected to exceed $2,000,000 in fiscal year 2025-2026. This estimate is based on past expenditures of:
• $1,272,750 in FY 2021-2022
• $1,500,000 in FY 2022-2023
• $1,100,955 in FY 2023-2024
• $1,291,185 in FY 2024-2025
Due to anticipated increased costs and potential increases in temporary staffing demands, the Human Resources Department is applying a 10% annual adjustment which results in the following projected expenditures:
• FY 2025-2026: $2,000,000
• FY 2026-2027: $2,200,000
• FY 2027-2028: $2,420,000
• FY 2028-2029: $2,662,000
• FY 2029-2030: $2,928,200
Vendor Selection
Staff prepared and posted an RFP that detailed the City’s requirements for the associated work. The City received 45 proposals from which six firms were selected in consideration of their ability to deliver the level of services that may be required of the City. Proposals were evaluated in consideration of cost of services, vendor qualifications, and work plan details, including the candidate screening process, process for placement and replacement of qualified personnel, and billing practices.

Table A - Bidder Recommendation
Best Qualified Person/Firm • 22nd Century Technologies, Inc.; • Abacus Service Corporation;
• AppleOne, Inc. dba AppleOne Employment
Services;
• CathyJon Enterprises, Inc. dba HB Staffing;
• Compunnel Software Group, Inc. dba Compunnel,
Inc.; and
• Tryfacta, Inc.

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Evaluation Criteria Qualifications, fees, and workplan
Municipal Code SMMC 2.24.190
Table B - RFPs Received
22nd Century
Technologies, Inc.

Abacus Service
Corporation
Adil Business
Systems, Inc.

AGC Consulting
Group
Akshar Staffing
LLC
AppleOne, Inc. dba
AppleOne
Employment
Services
ATWork personnel
services
BayInfotech LLC
Beatty's Services,
Inc.

BuzzClan LLC California Creative
Solutions Inc.

Cambay Consulting
LLC
CathyJon
Enterprises, Inc.

DBA HB Staffing
Clovity Inc. COGENT Infotech
Corporation
Commercial
Programming
Systems, Inc.

Compunnel
Software Group,
Inc.

DatamanUSA, LLC DevCare Solutions Diskriter, Inc.

EMR CPR LLC Health Advocates
Network, Inc. DBA
Staff Today
Healthcare Staffing
Professionals, Inc.

HonorVet
Technologies
Infojini, Inc. Info Way Solutions
LLC
InstantServe LLC Jada Systems Inc.

Johnson Service
Group
K-Tek Resourcing
LLC
LA Business
Personnel, Inc.

Noor Associates,
Inc.

Partners in
Diversity, Inc.

RADgov, Inc. Savio Pais SoftHQ, Inc.

Softsage
Technology
Talantage, LLC The Midtown Group Tryfacta, Inc.

Two Roads
Professional
Services, dba
Motive Workforce
Solutions
Vish Consulting
Services Inc.

V-Soft Consulting
Group, Inc.
waterTALENT
William W.

Professional
Staffing LLC
RFP Data
Posted On Posted On Advertised In Vendors
Downloaded
Date Publicly
Opened

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2/21/24 City’s Online
Bidding Site
Santa Monica
Daily Press
177 4/15/24
Environmental Finding
The purchase orders for temporary staffing agencies are not a “project” subject to CEQA. Pursuant to CEQA Section 21065, the purchase orders do not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making.

Therefore, the purchase orders are not subject to CEQA.

Financial Impacts and Budget Actions
Staff seeks to issue purchase orders as an alternative contracting/procurement method and to approve available funding from various existing funds in the Council-approved City Budget to issue purchase orders to the vendors listed in Table A above. The aggregate amount is not to exceed $12,210,200 over a five-year period.

Future year funding is contingent on Council budget approval.

Prepared By: Michael Arnoldus, Human Resources Manager
Approved Forwarded to Council
Attachments:

A. OAKS_INITIATIVE_FORM (Compunnel)
B. OAKS_INITIATIVE_FORM (HB Staffing)

4.I
Packet Pg. 201
6 of 6
C. Levine_Act_Disclosure_Form (Abacus)
D. OAKS_INITIATIVE_FORM (AppleOne)
E. Levine_Act_Disclosure_Form (AppleOne)
F. OAKS_INITIATIVE_FORM (Tryfacta)
G. Levine_Act_Disclosure_Form (Tryfacta)
H. Levine_Act_Disclosure_Form (Compunnel)
I. OAKS_INITIATIVE_FORM (Abacus)
J. Levine_Act_Disclosure_Form (TSTCI)
K. OAKS_INITIATIVE_FORM (TSCTI)
L. Levine_Act_Disclosure_Form (HB Staffing)

4.I
Packet Pg. 202

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.I.a
Packet Pg. 203 Attachment: OAKS_INITIATIVE_FORM (Compunnel) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________

4.I.a
Packet Pg. 204 Attachment: OAKS_INITIATIVE_FORM (Compunnel) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.I.b
Packet Pg. 205 Attachment: OAKS_INITIATIVE_FORM (HB Staffing) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

4.I.b
Packet Pg. 206 Attachment: OAKS_INITIATIVE_FORM (HB Staffing) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________

4.I.c
Packet Pg. 207 Attachment: Levine_Act_Disclosure_Form (Abacus) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.I.c
Packet Pg. 208 Attachment: Levine_Act_Disclosure_Form (Abacus) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

4.I.d
Packet Pg. 209 Attachment: OAKS_INITIATIVE_FORM (AppleOne) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

4.I.d
Packet Pg. 210 Attachment: OAKS_INITIATIVE_FORM (AppleOne) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

Docusign Envelope ID: E5ADD9D9-5BAB-4AFD-992E-237305A95A85

4.I.e
Packet Pg. 211 Attachment: Levine_Act_Disclosure_Form (AppleOne) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

Docusign Envelope ID: E5ADD9D9-5BAB-4AFD-992E-237305A95A85 3/19/2025

4.I.e
Packet Pg. 212 Attachment: Levine_Act_Disclosure_Form (AppleOne) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.I.f
Packet Pg. 213 Attachment: OAKS_INITIATIVE_FORM (Tryfacta) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

4.I.f
Packet Pg. 214 Attachment: OAKS_INITIATIVE_FORM (Tryfacta) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

4.I.g
Packet Pg. 215 Attachment: Levine_Act_Disclosure_Form (Tryfacta) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ___________
Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.
4/1/2025

4.I.g
Packet Pg. 216 Attachment: Levine_Act_Disclosure_Form (Tryfacta) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

4.I.h
Packet Pg. 217 Attachment: Levine_Act_Disclosure_Form (Compunnel) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.I.h
Packet Pg. 218 Attachment: Levine_Act_Disclosure_Form (Compunnel) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.I.i
Packet Pg. 219 Attachment: OAKS_INITIATIVE_FORM (Abacus) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

4.I.i
Packet Pg. 220 Attachment: OAKS_INITIATIVE_FORM (Abacus) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

4.I.j
Packet Pg. 221 Attachment: Levine_Act_Disclosure_Form (TSTCI) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.I.j
Packet Pg. 222 Attachment: Levine_Act_Disclosure_Form (TSTCI) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

4.I.k
Packet Pg. 223 Attachment: OAKS_INITIATIVE_FORM (TSCTI) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

4.I.k
Packet Pg. 224 Attachment: OAKS_INITIATIVE_FORM (TSCTI) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

4.I.l
Packet Pg. 225 Attachment: Levine_Act_Disclosure_Form (HB Staffing) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.I.l
Packet Pg. 226 Attachment: Levine_Act_Disclosure_Form (HB Staffing) (6958 : Authorization to Issue Purchase Orders to Temporary Staffing Agencies) 1 February 11, 2025

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
FEBRUARY 11, 2025
A regular and special meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:31 p.m., on Tuesday, February 11, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:31 p.m., with all members present. Councilmember Snell led the assemblage in the Pledge of Allegiance.

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.

The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Zernitskaya.

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 Docusign Envelope ID: C71FA048-842E-41FF-B79A-92661CA1C07F

4.J
Packet Pg. 227 Minutes Acceptance: Minutes of Feb 11, 2025 5:30 PM (CONSENT CALENDAR) 2 February 11, 2025
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.

No Councilmembers recused themselves from items on the agenda pursuant to the Levine Act.

AGENDA

MANAGEMENT
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell, to hear the commendations prior to public input. The motion was approved by unanimous voice vote with all members present.

GENERAL PUBLIC
INPUT:

Members of the public Jeff McMullen, Thomas Sullivan, Jerry Rubin, Goli Basamah, Denise Barton, Bea Nemlaha, Lydia Ponce, Johnathan Foster, John Alle, Harvey Eder, Zoe Muntaner, Ashley Oelsen and Gina Debaca commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

No members of the public commented on Closed Session items.

Member of the public Gleam Davis commented on Special Agenda items.

Member of the public Zoe Muntaner commented on consent calendar items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

3.A. Proclamation: Library Lover's Month, was presented.

3.B. Commendation: David White, was presented.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, City Clerk Nikima S. Newsome announced that Council will receive no compensation for meeting as the Redevelopment Successor Agency.

CONSENT CALENDAR:

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY
There being a Consent Calendar for the City Council and the Redevelopment Successor Agency, on order of the Mayor, with consensus of the Councilmembers, the Council convened to a joint meeting with the Redevelopment Successor Agency at 6:34 p.m., and the two Consent Calendars were heard concurrently, with all members present.

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Agency/Councilmember Hall, Item 4.A. was removed from the Consent Calendar.

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Motion by Agency/Councilmember Raskin, seconded by
Agency/Councilmember Zernitskaya, to approve the Consent Calendar except for Items 4.A and 4.F., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Agency/Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick
Chair/Mayor Pro Tem Torosis, Chair/Mayor Negrete
NOES: None
ABSENT: None

VEHICLE AND

OPERATOR

SCHEDULING

TECHNOLOGY SERVICE

4.B. Approval of Seventh Modification to Agreement with Trapeze Software Group for Vehicle and Operator Scheduling Technology Service, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a seventh modification to Agreement No. 8928 (CCS) in an amount not to exceed $251,379 with Trapeze Software Group to extend
maintenance support of the Trapeze operator and vehicle scheduling systems for the Department of Transportation for one additional year through June 30, 2026. This will result in a 14-year amended agreement with a new total amount not to exceed $3,918,370, with future year funding contingent on budget approval.

WATER METER

READING SERVICES

4.C. Approval of Second Modification to Agreement with Alexander's Contract Services, Inc. for Water Meter Reading Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the contract modification is not a project subject to the California Environmental Quality Act (CEQA); and

2. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 12215 (CCS) in an amount of $170,000 with Alexander’s Contract Services, Inc. and to extend the term an additional 11 months for meter reading services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $780,000, with future year funding contingent on Council budget approval.

HEAVY DUTY VEHICLE

RENTALS

4.D. Approval of First Modification to Agreement with Herc Rentals, Inc. for Heavy Duty Vehicle Rentals, was approved.

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Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a first modification to Agreement #4823 in an amount of $200,000 with Herc Rentals, Inc. for heavy duty construction vehicle rentals for the Public Works Department. The term of the contract will remain the same and will result in a five-year amended agreement with a new total amount not to exceed $450,000, with future year funding contingent on Council budget approval.

TRANSPORTATION

DEPARTMENT

SOFTWARE

4.E. Approval of Second Modification to Agreement with Swiftly, Ltd. for Real Time Bus Arrival Predictions and BBB Performance Analytics, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 11000 (CCS) in the amount of $311,150, with Swiftly Corporation for a cloud-hosted Software as a Service (SaaS) solution for customer-focused real-time schedule information and service performance metrics for staff for the Department of Transportation. This will result in a six-year agreement with a new total amount not to exceed $1,684,454, with future year funding contingent on Council budget approval.

STREET SWEEPER

PURCHASE

4.F. Approve Acceptance of Environmental Protection Agency Grant and Purchase of Four Street Sweepers for the Resource Recovery and Recycling Division, was pulled by staff and not heard.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines;

2. Authorize the City Manager to accept a grant awarded in the amount of $945,000 from the United States Environmental Protection Agency for the
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3. Clean Heavy-Duty Vehicles Grant Program for the City of Santa Monica Street Sweeper Replacement Project in the Public Works Department, and to accept all grant renewals;

4. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications;

5. Authorize the Procurement Manager to issue a purchase order with Municipal Maintenance Equipment (“MME”), a California-based company, for the purchase of three Ravo Electric R5-eSeries sweepers for the Public Works Department, Resource Recovery and Recycling Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section

2.24.250 (c) and is for a total amount not to exceed $2,428,833;

6. Authorize the Procurement Manager to issue a purchase order with Tymco Equipment Company for the purchase of one Tymco Model 600 sweeper for the Public Works Department, Resource Recovery and Recycling Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section

2.24.250 (c) and is for a total amount not to exceed $330,000 with future year funding contingent on Council budget approval; and

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

TRANSPORTATION

PROHIBITION ORDER

PROGRAM

4.G. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Creating Santa Monica Municipal Code Section 3.36.300 to Establish a Department of Transportation Prohibition Order Program as Authorized by Public Utilities Code Sections 99171 and 99172, was adopted.

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

CITY SEAL AND CITY

SYMBOLS

4.H. Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 2.32.020 Concerning Use of the City Seal and Other City Symbol, was adopted.

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

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY

ANNUAL INVESTMENT

POLICY UPDATE

4.I. Approve City's Updated Investment Policy and Extend the Delegation of Investment Authority, was approved.

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.

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2. Review and approve the City’s revised Investment Policy.

3. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2025 through February 28, 2026.

Staff also recommend the Redevelopment Successor Agency Governing Board:

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

2. Review and approve the City Investment Policy for Redevelopment Successor Agency Investments.

3. Extend investment authority to the Treasurer of the Redevelopment Successor Agency, from March 1, 2025 through February 28, 2026.

MINUTES 4.J. Minutes for Redevelopment Successor Agency Meeting, were approved.

Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 17, 2024 meeting

MANAGEMENT

SERVICES

4.A. Award Request for Proposal to Meeder Public Funds, Inc. for Non-Discretionary Investment Advisory and Portfolio Management Services, was presented.

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. Award RFP# 431 to Meeder Public Funds, Inc. for non-discretionary Investment Advisory and Portfolio Management services for the Finance Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Meeder Public Funds, Inc., in an estimated amount not to exceed $510,000 for three years, with two additional one-year renewal options in the amount of $340,000, on the same terms and conditions for a total amount not to exceed $850,000 over a five-year period, with future year funding contingent on Council budget approval.

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

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
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NOES: None
ABSENT: None

MOTION TO

RECONSIDER
Motion by Agency/Councilmember Raskin, seconded by
Agency/Councilmember Hall, to reconsider Item 4.I. and to remove the item from the Consent Calendar and to hear it simultaneously with Item 4.A. The motion was approved by unanimous voice vote with all members present.

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY

ANNUAL INVESTMENT

POLICY UPDATE

4.I. Approve City's Updated Investment Policy and Extend the Delegation of Investment Authority, was presented.

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. Review and approve the City’s revised Investment Policy.

3. Extend the delegation of investment authority to the Director of Finance, as City Treasurer, from March 1, 2025 through February 28, 2026.

Staff also recommends that the Redevelopment Successor Agency Governing Board:

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

2. Review and approve the City Investment Policy for Redevelopment Successor Agency Investments.

3. Extend investment authority to the Treasurer of the Redevelopment Successor Agency, from March 1, 2025 through February 28, 2026.

Questions asked and answered of staff included: what will constitute as a quorum for this body; will the city be investing in crypto; how will monthly reports be delivered to Council; and does the audit subcommittee have any auditing ability.

Motion by Agency/Councilmember Hall, seconded by Mayor Pro Tem Torosis, to approve the staff recommendation with direction to include a requirement that a minimum of three members constitute a quorum and for the members of the Investment Committee to be required to file a Form 700 consistent with the requirements of members of boards and commissions.

The motion was approved by the following vote:

AYES: Agency/Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya
Chair/Mayor Pro Tem Torosis, Chair/Mayor Negrete
NOES: None
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ABSENT: None

ADJOURNMENT OF

JOINT MEETING
On order of the Chair/Mayor, the joint meeting with the Redevelopment Successor Agency was adjourned at 6:50 p.m., and the regular meeting of the City Council was reconvened, with all members present.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:51 p.m., to consider Closed Sessions and returned at 8:45 p.m., with all members present, to report the following:

5.A. Public employee performance evaluation - Gov. Code § 54957(b):

City Attorney; conference with labor negotiator - Gov. Code § 54957.6:

City negotiator: Mayor; unrepresented employee: City Attorney.

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

5.B. Conference with labor negotiator – Gov. Code § 54957.6: agency designated representatives: City Manager David White, Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units:

Administrative Team Associates (ATA), AFSCME Local 4819 - Management Team Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers- Transportation Division, Local 1785 (SMART TD)
The City Attorney advised this matter was heard with no reportable action taken.

CITY MANAGER
REPORT
The City Manager Report was presented.

REPORT ON COUNCIL
TRAVEL
Councilmembers Zernitskaya and Snell reported that they traveled to Garden Grove for the New Mayors and Councilmembers Academy by CalCities.

Mayor Negrete traveled to El Salvador to sit on a panel with some ambassadors as well as the Mayor of Vancouver, Canada, in regard to the bitcoin office in Santa Monica. The Mayor advised that she did not use any city funds for travel to this event.

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PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton, Angela Scott, Angie Behrns, Ericka Lesley, Sophia Pina (time donated by Catherine Walker), Lainie Zepeda, Gina DeBaca, Samantha MJ Yang, Samuel Lopez, Mike Bravo, Hajar, Bob Ramirez, Tom Ford, Kuali, Robbie Jones, Nina Fresco and Allen Kwabena Frimpong commented on Item 7.A.

Members of the public Amanda Seward and Nina Fresco commented on Item

13.A.

Members of the public Denise Barton and Ericka Lesley commented on Item

14.A.

Member of the public Denise Barton commented on Item 16.L.

Member of the public Kurt Gonska commented on Item 16.K.

STUDY SESSION:

REPARATIONS

7.A. Reparations Study Session, was presented.

Recommended Action
Staff recommends that Council provide direction on the key areas of focus for a City Reparations & Landback Program to study the historical harms done to Santa Monica’s marginalized communities and provide recommendations on how to address those harms.

Questions asked and answered of staff included: how will those who have been harmed have a meaningful impact on the recommendations; clarification on racial neutrality in this effort; will the outreach include communications in various languages; and can task force members be compensated.

Considerable discussion ensued on topics including, but not limited to ensuring longevity in this effort; looking into other communities that have been harmed; focusing on how the work will be done versus what it’s called; needing a more concrete financial framework; not tailoring the remedies too narrowly; a desire to complete the work in a timely fashion; concerns about the limited number of members to the task force; incorporating members of the community who no longer live in the City; concerns about the tight timeline; partnering with other communities in Santa Monica to assist with lobbying at the state level; looking for revenue generating areas to assist with funding the project; and the ability to provide a stipend to members of the task force.

Motion by Councilmember Snell, seconded by Mayor Pro Tem Torosis, to give direction to staff including researching methods to compensate members of the task force. The motion was approved by the following vote:

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AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None

PUBLIC HEARINGS

SAFETY ELEMENT

12.A. Adoption of Amended Safety Element of City’s General Plan; Introduction and First Reading of Ordinances to Require Environmental Site Assessments for Multiple-Unit Dwellings in Nonresidential Zoning Districts and to Designate City Hall East as an Essential Facility for Consistency with the Amended Safety Element, was heard.

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) and a finding of Categorical Exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;

2. Adopt Resolution to Adopt an Amended Safety Element of the City’s General Plan;

3. Introduce for First Reading an Ordinance Amending the Text of Section 9.31.195 of the Zoning Ordinance for Consistency with the Amended Safety Element; and

4. Introduce for First Reading an Ordinance Amending the Text of Section 8.12.040 of the Building Code for Consistency with the Amended Safety Element.

Members of the public Denise Barton, Zoe Muntaner, Harvey Eder, Jake Sager (time donated by Rahul Chander) and Eve Lopez (time donated by Karl Wittnebel), spoke to the recommended action.

Questions asked and answered of staff included: are any policies being considered concerning ash distribution from fires; what is the ability to add heat resilient centers particularly in the Mid City neighborhood; could homes with pools be considered as a water resource; could a resident have an assessment completed by the fire department upon request; does the City have jurisdiction to require fire resistant building design materials; have the potential financial impacts been evaluated; are changes in population considered when drafting the plan; does the City have a cybersecurity plan in place; what percentage of soft story buildings have completed their seismic retrofits; and is there any requirements for older buildings to update electrical wiring in the walls.

Considerable discussion ensued on topics including but not limited to ensuring compliance with the retrofitting ordinance; ability to institute community brigades; permitting renters in rent controlled units to make Docusign Envelope ID: C71FA048-842E-41FF-B79A-92661CA1C07F

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certain safety upgrades without threat of repercussions from their landlords; and including implementation of a Council communication plan.

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

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None

BOARDS/COMMISSIONS
SOCIAL

JUSTICE/EQUITY IN

PRESERVATIONS

13.A. Landmarks Commission Recommendations to Create a
Framework for Social Justice/Equity in Preservation, was presented.

Questions asked and answered of the commission included: what the capacity is to effectuate the commission’s recommendations; is there budgetary impacts to effectuate the recommendations; will there be any overlap between what the Landmarks Commission will be doing versus the work that the task force for reparations will be doing; and what would it cost to implicate any of these recommendations.

Considerable discussion ensued on topics including but not limited to bringing forth a 16 Item to further discuss the recommendations and potential implications; and ensuring that the Landmarks Commission works with the reparations task force.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell, to approve staff recommendations 4, 6, and 7 in the June 10, 2024 staff report to the Landmarks Commission that are already in place and do not require any additional financial resources. The motion was unanimously approved by voice vote with all members present.

RESOLUTIONS:

GIFT ACCEPTANCE
POLICY

14.A. Adoption of a Resolution Adopting a Policy Regarding Acceptance of Gifts by Councilmembers
Recommended Action
Staff recommends the City Council adopt the Resolution adopting a policy regarding acceptance of gifts by Councilmembers.

Questions asked and answered of staff included: how does this policy differ from FPPC regulations; what constitutes a gift; what constitutes as an exemption for existing business relationships; whether items received as gifts for a Councilmember’s day job be considered gifts under this policy; how the policy would impact gifts received in a Councilmember’s professional capacity; whether conference registrations (like a $500 scholarship) would Docusign Envelope ID: C71FA048-842E-41FF-B79A-92661CA1C07F

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count as a gift; how the policy would impact self-employed Councilmembers attending professional events; how the policy would handle gifts from an employer, especially for self-employed individuals; whether a company could pass through a gift to a Councilmember; and exceptions for preexisting social relationships.

Considerable discussion ensued on topics including but not limited to the proposed $100 gift limit being overly restrictive; disproportionate impacts to self-employed Councilmembers; potential barriers to professional development and conference attendance; concerns about preventing Councilmembers from building professional relationships; and how the policy might affect self-employed Councilmembers' ability to participate in industry events in their respective professions.

Motion by Councilmember Hall, seconded by Councilmember Raskin, to adopt the staff recommendation with amendments to include exceptions for scholarships and free admissions to events for professional development and conferences, ticketed events where a Councilmember performs in a public role at the event, items received in a professional capacity, and pre-existing social relationships; and that all exceptions applied in the section regarding gifts also apply to the section regarding free food and beverage. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ABSTAIN: Councilmember Zernitskaya

COUNCILMEMBER
DISCUSSION ITEMS:

In accordance with Council Rule 6(x), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.

Items 16.A., 16.B., 16.C., 16.D., 16.E., and 16.J., were removed and considered separately in accordance with Council Rule 6(x) Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell, to approve all Councilmember Discussion Items except Items 16.A., 16.B.,

16.C., 16.D., 16.E., and 16.J. The motion was approved by unanimous voice vote with all members present.

HUMAN SERVICES

COMMISSION

16.A. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2027., was presented.

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

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Councilmember Hall nominated Kevin Glover.

Councilmember Zernitskaya nominated Brett Morrow.

Councilmembers Hall and Raskin voted for Kevin Glover.

Councilmembers Zwick, Snell, Zernitskaya, Mayor Pro Tem Torosis, and Mayor Negrete voted for Brett Morrow.

Councilmembers Hall and Raskin changed their votes to Brett Morrow, thereby appointing Brett Morrow by acclamation to the Human Services Commission, with all members present.

PERSONNEL BOARD 16.B. Appointment to one unscheduled vacancy on the Personnel Board for a term ending on June 30, 2026., was presented.

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

Being the only qualified candidate, Noelle Lewis was unanimously appointed by acclamation to the Personnel Board.

PUBLIC SAFETY

REFORM AND

OVERSIGHT

COMMISSION

16.C. Appointment to one unscheduled vacancy on the Public Safety Reform and Oversight Commission for a term ending on June 30, 2027, was presented.

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

Councilmember Hall nominated James Kennedy.

Councilmember Zernitskaya nominated Xavier Banister.

James Kennedy was unanimously appointed by acclamation to the Public Safety Reform and Oversight Commission.

RECREATION AND

PARKS COMMISSION

16.D. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2026, was presented.

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

Councilmember Snell nominated Daniel Campbell.

Mayor Pro Tem Torosis nominated Barry Rosenbaum.

Councilmembers Zwick and Snell voted for Daniel Campbell.

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Mayor Negrete voted for Barry Rosenbaum.

Councilmembers Zwick and Snell changed their votes to Barry Rosenbaum, thereby appointing Barry Rosenbaum by acclamation to the Recreation and Park Commission, with all members present.

SANTA MONICA PIER

CORPORATION

16.E. Appointment to one unscheduled vacancy on the Santa Monica Pier Corporation for a term ending on June 30, 2026, was presented.

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

Councilmember Snell nominated Peter Trinh.

Councilmember Hall nominated Jeff Jarrow.

Councilmembers Zernitskaya, Snell, Zwick, Mayor Pro Tem Torosis, and Mayor Negrete voted for Peter Trinh.

Councilmembers Hall and Raskin voted for Jeff Jarrow.

Councilmembers Hall and Raskin changed their votes to Peter Trinh, thereby appointing Peter Trinh by acclamation to the Santa Monica Pier Corporation, with all members present.

SANTA MONICA

TRAVEL AND TOURISM,
INC.

16.F. Appointment to one unscheduled vacancy on the Santa Monica Travel and Tourism, Inc. for a term ending on June 30, 2026, was presented.

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

Mayor Negrete nominated Judi Barker.

Mayor Pro Tem Torosis nominated Tim Defuria.

Councilmember Snell nominated Sean Besser.

Councilmembers Zwick, Hall, Raskin, Zernitskaya, Mayor Pro Tem Torosis, and Mayor Negrete voted for Tim Defuria.

Councilmember Snell voted for Sean Besser.

Councilmember Snell changed his vote to Tim Defuria, thereby appointing Tim Defuria by acclamation to Santa Monica Travel and Tourism, Inc., with all members present.

ARCHITECTURAL 16.G. Recommendation to accept Edward Scott's resignation from the Docusign Envelope ID: C71FA048-842E-41FF-B79A-92661CA1C07F

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REVIEW BOARD Architectural Review Board and authorize the City Clerk to publish the vacancy, was accepted with regret and approved unanimously by voice vote.

HUMAN SERVICES

COMMISSION

16.H. Recommendation to accept Luis Barrera Castañón's resignation Human Services Commission and authorize the City Clerk to publish the vacancy, was accepted with regret and approved unanimously by voice vote.

YIELD RIGHT-OF-WAY

SIGNAGE PROGRAM

16.I. Request of Councilmembers Hall and Zernitskaya that in order to reaffirm our commitment to efficient and safe public transit, safe streets, and efforts to increase BBB ridership and reduce unnecessary delays, the Council direct the City Manager and Department of Transportation to explore implementing Yield Right-of-Way Signage for Big Blue Bus as authorized pursuant to Assembly Bill 1904 and direct the City Attorney to draft a resolution as required by Assembly Bill 1904 to implement such yield right-of-way signage program for BBB, was approved by unanimous voice vote with all members present.

AD HOC COUNCIL

COMMITTEE

16.J. Establish and appoint a temporary ad hoc Council committee for the City Manager recruitment process, was presented.

Motion by Councilmember Snell, seconded by Councilmember Hall, to nominate Councilmembers Hall, Snell, and Mayor Pro Tem Torosis to serve on the ad hoc committee.

A substitute motion was made by Mayor Negrete to nominate Councilmember Snell, Mayor Pro Tem Torosis, and Mayor Negrete to serve on the ad hoc committee. The motion failed for lack of a second.

Councilmembers Hall, Snell, and Mayor Pro Tem Torosis were selected to serve on the ad hoc committee by unanimous roll call vote with all members present.

RENT REGISTRY 16.K. Request of Councilmembers Torosis, Hall and Raskin to Strengthen Tenant Protections: Moving Forward with a Rent Registry and Funding Its Implementation in the Upcoming Biennial Budget, was approved unanimously by voice vote with additional direction to solicit feedback from the Rent Control Board.

ISSUANCE OF BUILDING

PERMITS

16.L. Request of Councilmember Zwick, Mayor Negrete, and Mayor Pro Tem Torosis that the City Council direct the City Manager and City Attorney to expedite the issuance of Building Permits in Santa Monica without reducing building integrity and still adhering to life and safety requirements through the development of a Voluntary Self-Certification Pilot Program for non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units. The Docusign Envelope ID: C71FA048-842E-41FF-B79A-92661CA1C07F

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Self-Certification Program shall allow Licensed Professionals who agree to self-certify that building plans are compliant with all California codes and local ordinances to bypass the normal plan review process and get approval for permits in one to five business days, facilitating our city’s economic recovery and reducing the workload on plan check professionals, allowing them to focus on the more complex projects that require their attention. City staff shall return to City Council with recommendations for program design and implementation within six months, was approved by unanimous voice vote with all members present.

ADMINISTRATIVE

APPROVAL CRITERIA

16.M. Request of Councilmembers Zwick and Raskin that the City Council direct the City Manager and City Attorney to adjust the Administrative Approval criteria for housing projects within the Bergamot Area Plan (BAP) and present them for Council consideration and adoption at the April 22 meeting. Specifically, to ensure that housing projects are feasible, street and pathway requirements shall be limited to those envisioned in the BAP (p. 207) and interpreted liberally in favor of ensuring the production of new housing, their exact location shall be flexible so as to avoid bisecting parcels and limiting site feasibility, they shall be credited towards the 14% open space requirement at a ratio of

1.5:1, and subject to staff discretion for sites under 2 acres, was approved by unanimous voice vote with all members present.

DEVELOPMENT

ORDINANCE

16.N. Request of Councilmembers Zwick and Zernitskaya that the City Council direct the City Manager and City Attorney to prepare an ordinance granting all development, land use, or subdivision applications as allowed by applicable State law (including any such applications granted on appeal) that were approved prior to January 6, 2025 an extension of two years beyond their current expiration dates and all complete building permit applications submitted or issued prior to January 6, 2025 an extension of one year beyond their current expiration dates (including dates to start and complete work), provided that applicant attests project will comply with current code. For approved Development Agreement projects that are not yet under construction, provide an administrative pathway for the applicants to opt in to this two-year extension to the building permit issuance date as a subsequent code change that developer can elect to consent to in writing, was approved by unanimous voice vote with all members present.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:22 a.m. in memory of Steve Martinez.

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ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor
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CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 11, 2025
A regular meeting of the Santa Monica City Council was concurrently called to order with the special 5:35 p.m. meeting by Mayor Pro Tem Torosis at 5:35 p.m., on Tuesday, March 11, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, where two Councilmembers participated remotely.

Roll Call: Present: Mayor Lana Negrete (arrived remotely at 7:00 p.m.) Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya (arrived remotely at 5:35 p.m.) Also Present: Acting City Manager Susan Cline
City Attorney Douglas Sloan
Assistant City Clerk Maria Dacanay-Wisner
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:35 p.m., with all members present except Mayor Negrete. Councilmember Raskin led the assemblage in the Pledge of Allegiance.

STATEMENT OF

ACCOUNTABILITY
(LAND

ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Hall.

LEVINE ACT

DISCLOSURE
(GC SECTION 84308)
No Councilmembers made Levine Act disclosures.

AGENDA

MANAGEMENT
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell to hear Item 3.A. after Item 1 and continue Items 16.A and 16.B. to the next regular meeting. The motion was approved by the following roll call vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis
NOES: None
ABSENT: Mayor Negrete

RECESS OF SPECIAL

COUNCIL MEETING
On order of the Mayor Pro Tem, the special Council meeting was recessed to hear general Public Input on the regular meeting at 5:40 p.m.

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GENERAL PUBLIC
INPUT:

Members of the public Asher Abizu, Candan Berberogly, Africa Rosas, Denise Barton, Eddie G., Jeff Jarow, Judith Serlin, Johnathan Foster, Janet McLaughlin, and Radu Logoteti commented on various local issues.

SPECIAL AGENDA
ITEMS

3.A. Commendation: Dr. Lizzy Moore - Santa Monica College Foundation, was presented.

RECONVENE SPECIAL

MEETING
On order of the Mayor Pro Tem, the special meeting was reconvened at 6:09 p.m. to hear public input on Closed Session items

PUBLIC INPUT FOR

SPECIAL AGENDA,

CONSENT CALENDAR

AND CLOSED SESSION
ONLY:

No members of the public commented on Special Agenda items.

Members of the public Denise Barton, Alina Bezdikian, Johnathan Foster, John C. Smith, and Zoë Muntañer commented on Consent Calendar items.

Members of the public Bea Nemlaha (time donated by Lori Nafshun), Zina Josephs, Denise Barton, Maria Fonda-Bonardi, Nina Fresco, Jerry Rubin, John C. Smith, Kaitlin Drisko, and Zoë Muntañer commented on Closed Session items.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of staff, Item 4.L was removed from the Consent Calendar.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to approve the Consent Calendar, with an amendment to Item 4.K. to hear Item 3 (Special Agenda Items) after Item 1 (Public Input), and except for Item

4.L, reading resolutions by title only and waiving further reading thereof.

The motion was approved by the following roll call vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis
NOES: None
ABSENT: Mayor Negrete

BIG BLUE BUS SERVICE
DESIGN

4.A. Approval of Department of Transportation's Big Blue Bus Service Design Guidelines Update, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the Guidelines updates is not a “project” subject to the California Environmental Quality Act (CEQA) Guidelines.

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2. Approve the proposed updates to the Big Blue Bus Transit Service Guidelines, formerly known as the “Big Blue Bus Service Design, Performance, and Evaluation Guidelines”.

ON-CALL CIVIL

ENGINEERING DESIGN

SERVICES

4.B. Award Request for Proposal SP2721 and Agreements for OnCall Civil Engineering Design Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemptions pursuant to Section 15262 and Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #SP2721 On-Call Civil Design to Tetra Tech, Inc., Stantec Consulting Services, Inc., and Willdan Engineering to provide on-call civil engineering design services for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11702 (CCS) through No. 11704 (CCS) with Tetra Tech, Inc., Stantec Consulting Services, Inc., and Willdan Engineering, each in an amount not to exceed $1,500,000 over a five-year period, with one (1) five-year renewal option to extend in the amount of $1,500,000 on the same terms and conditions, for a total amount not to exceed $3,000,000 per agreement and $9,000,000 total for all three agreements over a ten-year period, with future year funding contingent on Council budget approval.

SMART CENTER

PROJECT

4.C. Award Bid SP2744 and Construction Contract No. 11705 (CCS) for the Police Department Smart Center Project, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award contract for Bid #SP2744 to Urban Professional Builders, INC. for the construction of the SMART Center Project for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Contract No. 11705 (CCS) with Urban Professional Builders, INC., in an amount not to exceed $1,290,000 (including a $76,000 contingency).

ARCADIA PLANT ROOF

REPLACEMENT

4.D. Award Bid SP2739 and Agreement No. 11706 (CCS) to Best Contracting Services, Inc. for the Arcadia Water Treatment Plant Roof Replacement Project, was approved.

Recommended Action
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Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemptions pursuant to Sections 15301 (Existing Facilities) and 15302 (Replacement/Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #SP2739 to Best Contracting Services, Inc. for the Arcadia Water Treatment Plant (WTP) Roof Replacement Project for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Agreement No. 11706 (CCS) with Best Contracting Services, Inc. in an amount not to exceed $310,000 (including a 20% contingency).

COMMUNITY GARDENS

PROJECT

4.E. Award Bid SP2710 and Construction Agreement No. 11707 (CCS) to RAMCO General Engineering Contractors, Inc. for Phase 1 of the 19th Street Community Garden Project City of Santa Monica, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #SP2710 to RAMCO General Engineering Contractors, Inc. for construction services for Phase 1 of the 19th Street Community Garden Project for the Department of Public Works; and

3. Authorize the City Manager to negotiate and execute Contract No. 11707 (CCS) with RAMCO General Engineering Contractors, Inc. in an amount not to exceed $355,000 (including a 10% contingency).

4.F. Adoption of Resolution No. 11647 (CCS) Authorizing Receipt of State of California Cannabis Equity Grant Funding for $35,000 for Development of a Cannabis Equity Program and Authorization for City Manager to Execute All Necessary Associated Documents, was adopted.

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. Adopt the attached resolution authorizing the acceptance of a grant awarded in the amount of $35,000 from the Governor’s Office of Business and Economic Development for the Cannabis Equity Grants Program for Local Jurisdictions.

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

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

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SALARY RESOLUTION 4.G. Adoption of Salary Resolution No. 11648 (CCS) to Reflect Title Change for Assistant Building Officer, was adopted.

Recommended Action
Staff recommends that the City Council

1. Adopt a finding of Categorical Exemption pursuant to Section 15324 and a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.

2. Adopt a salary resolution changing the classification title of Assistant Building Officer to Assistant Building Official.

MINUTES 4.H. Approval of Corrected Minutes for the City Council Meeting of May 14, 2024, was approved.

Recommended Action
Staff recommends that the City Council approve the corrected minutes of the May 14, 2024 meeting

RPOHIBITION AGAINST

CAMPING IN PUBLIC
PLACES

4.I. Second Reading and Adoption of Ordinance No. 2804 (CCS) to Amend Santa Monica Municipal Code Section 4.08.095, Prohibition Against Camping in Public Places, was adopted.

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

CITY ATTORNEY’S

EMPLOYEMENT

AGREEMENT

4.J. Approval of City Attorney Amended and Restated Employment Agreement, was approved.

Recommended Action
Staff recommends that the City Council

1. Adopt a finding that the actions are not a “project” subject to the California Environmental Quality Act (CEQA) and a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the CEQA Guidelines;

2. Approve the Amended and Restated Employment Agreement No. 11264 (CCS) with Douglas Sloan for his services as City Attorney; and

3. Authorize the Mayor to sign the agreement on behalf of the City.

COUNCIL RULES 4.K. Adoption of Resolution No. 11649 (CCS) Amending the Council Rules of Procedure, was adopted as amended to hear Item 3 (Special Agenda Items) after Item 1 (Public Input).

Recommended Action
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Staff recommends that the City Council adopt resolution amending the Council Rules of Procedure to address technological failure during public comment, and a change to the ranked choice voting process.

MINUTES 4.L. Approval of Minutes of City Council - Regular Meeting - Feb 25, 2025 5:30 PM, was pulled by staff.

CLOSED SESSIONS
(Mayor Negrete arrived
remotely at 7:00 p.m. and left
at 8:50 p.m.)
On order of the Mayor Pro Tem, the City Council recessed at 6:49 p.m., to consider Closed Sessions and returned at 8:52 p.m., with Mayor Negrete absent, to report the following:

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

5.B. Conference with labor negotiator – Gov. Code § 54957.6: agency designated representatives: Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units: Administrative Team Associates (ATA), AFSCME Local 4819- Management Team
Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785 (SMART TD)
The City Attorney advised this matter was heard with no reportable action taken.

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

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5.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City; LASC # BC616804
The City Attorney advised this matter was heard with no reportable action taken.

5.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Victoria Lobanov v. City; LASC # 22SMCV02779 The City Attorney advised this matter was heard with no reportable action taken.

5.F. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Renee Miller v. City; LASC # 24SMCV00279 The City Attorney advised this matter was heard with no reportable action taken.

ADJOURNMENT OF

SPECIAL COUNCIL

MEETING
On order of the Mayor Pro Tem, the special Council meeting was adjourned at 8:53 p.m., with Mayor Negrete absent, and the Council continued with the regular meeting.

CITY MANAGER
REPORT
The City Manager Report was presented.

REPORT ON COUNCIL
TRAVEL
No Councilmembers gave travel reports.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Freddy Luis, Kiana Achoy, Diana Flores, Denise Barton, Zoë Muntañer, and Harvey Eder commented on 11.A.

Members of the public Jeffrey Jay, Lacey Stansell, Harper Rupert, Nina Nguyen, Caramel Velez, Erica Estrada, Nicole Blaine, and Albin Gielicz commented on 16.F.

Members of the public Zoë Muntañer, Amy Gottstein, Kurt Gonska, and Harvey Eder commented on 16.G.

Members of the public Nina Fresco, Zoë Muntañer, and Dolores Sloan commented on 16.H.

Members of the public Daniel Alonzo (time donated by Renay Garcia), Sylvia Sanchez, and Manuel Lares (time donated by Carmen Quintana Rosa) commented on 16.I.

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STAFF

ADMINISTRATIVE
ITEMS:

HUMAN SERVICES

DIVISION

REORGANIZATION
PLAN

11.A. Receive Homelessness Strategic Plan and Renters' Protections Program, Approval of Human Services Division Reorganization Plan and Adoption of Classification and Salary Resolution, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive the City of Santa Monica Homelessness Strategic Plan 2025- 2030. (Attachment A)

2. Receive the Renters’ Protections Program: Analysis, Key Findings, and Recommendations. (Attachment B)

3. Approve the Human Services Division Reorganization Plan.

4. Adopt Resolution No. 11650 (CCS) of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment C) and approve the position and classification changes (Attachment D).

5. Adopt the 2025 Proclamation Declaring a Local Emergency on Homelessness through 12/31/2026 (Attachment E), unless repealed or extended by Council, due to the ongoing crisis of homelessness exacerbated by the recent wildfires. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report.

6. Adopt a finding of no possibility of significant effect pursuant to Section

7. 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Staff announced a correction to Attachment E referenced on Recommended Action No. 5. On page 8, the words “on May 31, 2024, upon expiration of the 2024 Proclamation,” will be stricken from the final paragraph.

Questions asked and answered of staff included but were not limited to: the estimated cost and justification for a feasibility study on middle income housing; if the $8M budget will be allocated over multiple years or if a time period is associated with this budget; if the five additional attorneys will be outside or in-house counsel; if a comparative analysis on the effectiveness of the Flexible Financial Assistance vs. Right to Counsel programs was conducted that led to the recommended allocations; the percentage of unlawful detainers filed due to non-payment of rent in Santa Monica; why the emergency declaration is only for a year and if there is authority to extend it; if the City permits evictions for non-payment of less than one month’s worth of rent; if staff considered other funding mechanisms for the “proactive rental housing inspection” program such as the City of Los Angeles’ (LA) Systematic Code Enforcement Program (SCEP); how will staff ensure that the City is properly resourced to ensure a true right to counsel for all renters; and how the therapeutic transport team and mental Docusign Envelope ID: 86281038-713A-4C0E-B302-70F3ED7C46EB

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health crisis response team can be funded to be an on-going program past 2026.

Considerable discussion ensued on topics including, but not limited to:
ranking the creation of a Rental Registry as high and confirmation that funding it will be part of the FY 2025-2027 budget; collaborating with the Community Development Department to remove nonessential design and zoning restrictions which may reduce the need for a costly feasibility study; collaborating with the Rent Control Department and considering amending the municipal code to require pre-tenancy construction disclosures which may reduce processing time on rent adjustment petitions; expanding the Right to Counsel program, including outreach; eliminating access barriers to programs by proactively conducting outreach to the most vulnerable tenants; that financial assistance should be appropriately sized and cost-effective; permanent sources of funding for City staff and programs as Measure GS funding is not certain; stronger enforcement mechanisms against bad actors; a long-term vision for SAMOSHEL; holding regional partners accountable to share resources; developing metrics to strengthen the case for additional resources for specific programs; and eventually expanding the program to moderate-income levels.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall, to:
adopt the staff recommendation, with the correction to Recommended Action No. 5; and to provide staff direction. The Council directed the City Manager and City Attorney to return in 60 days with proposed changes to:
1) SMMC 8.100 (Tenant Protection During Construction), SMMC 4.36 (Tenant Relocation Assistance) and other applicable codes to ensure greater notice of construction to and stronger protections for tenants to minimize impacts to the habitability of units and risks of displacement, and 2) per diem rates for tenants and larger households with special needs, if deemed inadequate, through a one-time adjustment, modified by Consumer Price Index (CPI) or other formula. Motion to amend by Councilmember Raskin to include direction for the City Attorney to work with the Rent Control Department to establish regulations requiring tenants receive notice of pending building permit applications at the time tenancy commences. The motion was friendly to the maker and seconder and the amended motion was approved by the following roll call vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis
NOES: None
ABSENT: Mayor Negrete

COUNCILMEMBER
DISCUSSION ITEMS:

In accordance with Council Rule 6(x), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion. Councilmember Hall recused himself from Docusign Envelope ID: 86281038-713A-4C0E-B302-70F3ED7C46EB

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Item 16.C. Items 16.C., 16.E. and 16.I. were removed and considered separately in accordance with Council Rule 6(x).

Motion by Councilmember Hall, seconded by Councilmember Raskin, to approve Items 16.D., and 16.F. to 16.H. The motion was approved by the following roll call vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis
NOES: None
ABSENT: Mayor Negrete

RECREATION AND

PARKS COMMISSION

16.A. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2028, was continued to the next regular meeting.

HOUSING AUTHORITY
BOARD

16.B. Appointment to one unscheduled vacancy on the Housing Authority Board for a term ending on June 30, 2026. (Continued from 6/25/2024), was continued to the next regular meeting.

TRAVEL BUDGET

REQUEST

16.D. Request of Mayor Negrete that the City Council approve the use of up to $300 of her allocated travel budget for travel to and from Sacramento on March 3, 2025. The travel occurred as a result of an invitation by Assemblymember Rick Zbur to meet with Assembly Speaker Robert Rivas to discuss the impacts the fires have had on our small businesses and local economy. Mayor Negrete met with other legislators and their staff, including consultants to the Assembly Budget and Assembly Judiciary Committees to discuss both the economic impacts of the fires and also concerns about the financial viability of public agencies facing a rising number of civil claims from decades-old abuse cases, was approved.

SAMO PRIDE

COMMUNITY FESTIVAL

16.F. Request of Councilmembers Hall and Zernitskaya that the City Council approve City Sponsorship of the LGBTQ+ SaMo Pride community festival on June 21, 2025 and the Santa Monica Pier Pride Event taking place on June 22, 2025 and using $10,000 in previously allocated Council discretionary funds to sponsor the LGBTQ+ Storyechtomy Writing Workshop and Performance Night produced by Crow Comedy, a Santa Monica non-profit, from the FY2024-2025 Budget, was approved.

RENTAL PRICE-FIXING

SOFTWARE

16.G. Mayor Pro Tem Torosis, and Councilmembers Raskin and Hall request that the City Attorney, in coordination with the Rent Control Board, draft and present to Council for adoption within 60 days, an ordinance banning the use of algorithmic rental price-fixing software in Santa Monica and which includes enforceable penalties for Docusign Envelope ID: 86281038-713A-4C0E-B302-70F3ED7C46EB

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noncompliance, was approved.

HISTORICAL

PRESERVATION

16.H. Request of Councilmembers Hall, Zwick, and Mayor Pro Tempore Torosis that in order to examine the City’s historical preservation through the lens of social justice, the Council direct Staff to return with options to implement additional recommendations from the Landmarks Commission report “A Place for Everyone in Santa Monica’s History", was approved.

CURBSIDE

MANAGEMENT

MEASURES
(Councilmember Hall left the
dais at 10:50 p.m. and
returned at 10:52 p.m.)

16.C. Request of Councilmembers Zwick and Snell that the City Council direct the City Manager and City Attorney to advance curbside management measures that would reduce congestion, enhance safety, and mitigate double parking. These measures should include drafting an ordinance for City Council consideration that would establish a legal framework and fee schedule for a smart loading zone pilot program, exploring a public-private partnership for curb management incorporating available technology, and presenting options and tradeoffs to Council for consideration, was introduced.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell to approve the item. The motion was approved by the following roll call vote:

AYES: Councilmembers Zwick, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis
NOES: None
ABSENT: Councilmember Hall, Mayor Negrete
SCAG ELECTION 16.E. Request of Councilmember Zwick and Mayor Negrete that the City Council appoint five of its members to cast votes in the upcoming Southern California Association of Governments (SCAG) Regional Council Election for District #41 Representative. The election was previously scheduled for February 13th but was postponed to March 19th, 2025. District #41 includes Beverly Hills, Culver City, Santa Monica and West Hollywood, with each City allowed to have 5 Councilmembers cast votes in the election, was introduced.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Zwick, to appoint Mayor Pro Tem Torosis and Councilmembers Hall, Snell, Zernitskaya and Zwick. The motion was approved by the following roll call vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick, Mayor Pro Tem Torosis
NOES: None
ABSENT: Mayor Negrete
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COMMUNITY MARCH

AND RESOURCE FAIR

16.I. Request of Mayor Negrete that the City Council approve City sponsorship of a Community March & Resource Fair organized by Homies Unidos and others. The march will begin at Santa Monica College to the Pier culminating in a community Resource Fair. The event will take place March 22, 2025, with City Council directing the City Manager to waive the City’s portion of fees for use of the Pier. City fees related to the Community March & Resource Fair include the application, administrative, neighborhood notification, business license, parking, and zero waste plan fees associated with the use of the Pier, was introduced.

Questions asked and answered of staff included: clarification on the costs for the City, including police protection; if it has been past practice to fully or partially waive associated City fees before receiving an estimate of costs; and if a permit has been filed for this event or police presence has been requested.

Motion by Councilmember Raskin, seconded by Councilmember Zwick to approve the item. The motion was approved by the following roll call vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya NOES: None
ABSENT: Mayor Negrete
ABSTAIN: Mayor Pro Tem Torosis
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 11:05 p.m. in memory of Edward Jerome Greenwalt.

ATTEST: APPROVED:

Maria Dacanay-Wisner Caroline Torosis
Assistant City Clerk Mayor Pro Tem
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CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 11, 2025
A special meeting of the Santa Monica City Council was concurrently called to order with the regular 5:30 p.m. meeting by Mayor Pro Tem Torosis at 5:35 p.m., on Tuesday, March 11, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, where two Councilmembers participated remotely.

STATEMENT OF

ACCOUNTABILITY
(LAND

ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Hall.

LEVINE ACT
DISCLOSURE (GC Section
84308)
No Councilmember made Levine Act disclosures.

RECESS OF SPECIAL

COUNCIL MEETING
On order of the Mayor Pro Tem, the special Council meeting was recessed to hear general Public Input on the regular meeting at 5:40 p.m.

RECONVENE SPECIAL

MEETING
On order of the Mayor Pro Tem, the special meeting was reconvened at 6:09 p.m. to hear public input on Closed Session items

PUBLIC INPUT FOR
CLOSED SESSION ONLY:

Docusign Envelope ID: 86281038-713A-4C0E-B302-70F3ED7C46EB

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Packet Pg. 256 Minutes Acceptance: Minutes of Mar 11, 2025 5:35 PM (CONSENT CALENDAR) 2 March 11, 2025

CLOSED SESSIONS
(Mayor Negrete arrived
remotely at 7:00 p.m. and left
at 8:50 p.m.)
On order of the Mayor Pro Tem, the City Council recessed at 6:49 p.m. to consider Closed Sessions and returned at 8:52 p.m., with Mayor Negrete absent, to report the following:

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

Docusign Envelope ID: 86281038-713A-4C0E-B302-70F3ED7C46EB

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Packet Pg. 257 Minutes Acceptance: Minutes of Mar 11, 2025 5:35 PM (CONSENT CALENDAR) 3 March 11, 2025

ADJOURNMENT On order of the Mayor Pro Tem, the special City Council meeting adjourned at 8:53 p.m.

ATTEST: APPROVED:

Maria Dacanay-Wisner Caroline Torosis
Assistant City Clerk Mayor Pro Tem
Docusign Envelope ID: 86281038-713A-4C0E-B302-70F3ED7C46EB

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Packet Pg. 258 Minutes Acceptance: Minutes of Mar 11, 2025 5:35 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 5.C
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with labor negotiator – Gov. Code § 54957.6: agency designated representatives: Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units: Administrative Team Associates (ATA), AFSCME Local 4819- Management Team Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785 (SMART TD)
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 8, 2025
Agenda Item: 10.A
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To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Introduction and First Reading of Ordinance Updating Public Nuisance Abatement and Administrative Citation Codes
Recommended Action
Staff recommends that the City Council:

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

Executive Summary
At its February 13, 2024 meeting, the Santa Monica City Council directed staff to return with proposals to strengthen the City’s public nuisance laws, including addressing properties that are the source of repeated calls for service to the police and fire departments. While there are State laws prohibiting the use of calls for service as a basis for declaring a property a public nuisance, staff assessed the existing laws and recommend amending both Chapters 13.06 (Abatement of Nuisances) and 1.09 (Administrative Citations) to provide additional tools that can be used by staff to address nuisance properties through both voluntary and compelled compliance methods.

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Background
Under California Civil Code Sections 3749 and 3480, a public nuisance refers to anything harmful to health, offensive to senses, or an obstruction to the free use of property, that interferes with the comfortable enjoyment of life or property and which affects an entire community or neighborhood or a considerable number of people.

However, the extent of the annoyance or damage inflicted upon individuals may be unequal. It's a broad term encompassing many actions or activities that negatively impact the public's rights or interests. The critical aspect is the substantial and unreasonable interference with a common right of the public.

California Government Code Section 38771 authorizes a city legislative body to declare what constitutes a nuisance. However, Government Code Section 53165.1 prohibits a city from declaring certain conduct a nuisance as it relates to properties with residential tenancies, including any conduct that does not satisfy the definition of nuisance under Civil Code Section 3479 referenced above.

There are many types of violations that may rise to the level of a public nuisance:
• Excessive Noise: Regular, excessive noise, such as loud music at night from a venue, that disrupts the peace of a neighborhood. Another example includes a dog who barks excessively.
• Pollution: Discharging harmful substances into air, water, or soil in amounts detrimental to public health or comfort, like a factory emitting toxic fumes. • Obstruction of Public Ways: Blocking public roads or pathways intentionally, causing inconvenience to the public.
• Poor Property Maintenance: Neglecting property maintenance, leading to hazardous conditions for neighbors or passersby, like a building in danger of collapse.
• Uncontrolled Animals: Keeping animals that regularly escape and cause harm or distress to others in the community.

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The fact that public nuisance violations substantially endanger or affect considerable numbers of people is reflected in the associated penalties. While approximately 80% of first violation administrative fines are for $750 or less, fines for violations of the City’s Public Nuisances Code (SMMC Chapter 13.06) start at $2,000 for a first violation within a 36-month period, $5,000 for a second violation within a 36-month period, and $10,000 for a third violation within a 36-month period. In addition to enhanced administrative fines aimed to compel compliance, any person, including the City can seek an injunction to prevent or remedy a violation of the Public Nuisances Code, and the City may recover any investigative and abatement costs in any action it brings.

Past Council Actions
Public nuisances have long been defined in both State law and the Santa Monica Municipal Code. Traditionally, at the local level, these violations were regulated through Chapter 8.96 of the Santa Monica Municipal Code. In August 2023, the public nuisance provisions of the municipal code were moved to the Abatement of Nuisances Chapter (13.06) found in Title 13 (Neighborhood Preservation).

Meeting Date Description
August 22, 2023
(attachment B)

8.F. Introduction and first reading of an ordinance creating new Chapter 13.06 (Abatement of Nuisances) and moving
language found in Chapter 8.96 (Abatement of Nuisances) to new Chapter 13.06.

March 7, 2017
(attachment C)
First reading of ordinance adding property maintenance
requirements to Chapter 8.96 (Abatement of Nuisances)
November 1, 2016
(attachment D)
Vacant Property Study Session – Direction was given to staff to return at a future date with an ordinance including
additional requirements related to vacant buildings and buildings left in a state of partial construction.

Discussion
Staff proposes a number of changes to the Santa Monica Municipal Code that will provide staff more tools to better address public nuisances that are created and maintained in the City. These changes are found in SMMC Chapter 13.06 (Abatement of Nuisances) as well as in Chapter 1.09 (Administrative Citations).

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Regulatory Context
California Government Code Sections 53165 and 53165.1 prohibit a local government agency from adopting or enforcing any policy that (a) penalizes any person, including designating their property a nuisance, as a consequence of contact with law enforcement or emergency services being summoned to the property by or on behalf of a crime victim or a person in an emergency; or (b) defines as a public nuisance contact with law enforcement or a request for emergency services, or any other act or omission that does not constitute a nuisance under state law. These laws were enacted in response to cities adopting ordinances that treat properties with a high volume of calls for service as public nuisances, finding such policies can discourage crime victims and people in need of emergency services from seeking assistance for fear of being penalized as a nuisance.

The US Department of Housing and Urban Development has cautioned that ordinances that define nuisances to include excessive calls for service can have discriminatory effects on protected classes that are more likely to be victims of crime, including women, racial minorities, and individuals with disabilities1. The California Task Force on Reparations report also noted that such policies disproportionately affect Black residents and contribute to housing segregation and called for the repeal of such ordinances2. Notably, while Government Code Section 53165.1 specifically prohibits defining residential properties with excessive calls for service as a public nuisance, Government Code Section 53165 more broadly prohibits a city from doing anything that penalizes any resident, owner, tenant, or landlord of any type of property as a consequence of law enforcement or emergency services being summoned by or on behalf of a victim of a crime or a person in an emergency.

Notwithstanding these limitations, public nuisance laws can reach the underlying conduct that leads to a law enforcement or emergency services response, to the extent that conduct is injurious to health or safety, offensive to the senses, or impairs the free use of property of a considerable number of people. The City’s existing public nuisances 1 https://www.hud.gov/sites/documents/finalnuisanceordgdnce.pdf 2 https://oag.ca.gov/system/files/media/ch22-ca-reparations.pdf

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code does address much of this conduct, and the proposed amendments further strengthen these prohibitions.

The Community Development Department and Code Enforcement Division is and will continue to be primarily responsible for enforcement of violations of Chapter 13.06, and responsible for issuing administrative citations pursuant to Chapter 1.09. When administrative enforcement is inappropriate or ineffective, Code Enforcement staff will continue to collaborate with SMPD to identify nuisance properties and refer cases to the City Attorney’s Office for civil or criminal enforcement.

Chapter 13.06
Definitions (13.06.030) (change)
Two changes are proposed for the definitions found in Section 13.06.030. The first is the addition of “Director”, to indicate that the Director of Community Development is vested with the primary responsibility for the enforcement of public nuisances within the City. This is consistent with the definition of “Director” in the other chapters of Article 13 Neighborhood Preservation: Chapter 13.02 Property Maintenance, and Chapter 13.04 Vacant Properties. This does not limit the ability of the City to pursue other enforcement strategies using the Police Department or the City Attorney’s Office.

The second change is to the definition of “Responsible Party”, broadening the list of persons who may be held responsible for violations of the Public Nuisance code to include people who own and use property as well as business owners and managers, where a nuisance may not be tied to the operation of real property but the operation of a business. This change is also to keep consistent with proposed changes to Chapter

1.09 which governs the issuance of administrative citations for violations of this and other provisions of the municipal code.

Responsibility for maintenance (13.06.040) (change)
Amended language is proposed to reflect the changed definition of “responsible party” to make clear every responsible party with any interest in real property is responsible for ensuring the property is not a public nuisance.

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Public Nuisances (13.06.050) (change)
Several changes are also proposed to Section 13.06.050, which lists those violations that constitute a public nuisance. A sentence is added to clarify that any of the conduct or conditions listed in Section 13.06.050, permitted or committed by any responsible person, is a public nuisance. A further sentence is added to clarify that each violation may be treated as a separate offense, to enable more meaningful enforcement of chronic offenders who allow nuisance conditions to occur habitually. This is consistent with the definition of public nuisance in SMMC Section 1.08.010(d) which describes penalty options for all municipal code violations.

Subsection “a” (change) updates the list of disruptive activity violations that may occur at a building or place to include violations that may take place at a business. The listed offenses are all considered “crimes against society” under the Bureau of Justice Statistics’ National Incident-Based Reporting System, the newest version of the Uniform Crime Reporting program used by the FBI. The proposed revisions list the currently used categories of such crimes against society to maintain consistency with current crime reporting terminology. The proposed revisions also add loitering and disorderly conduct to such disruptive activities that may constitute a nuisance. Some of these violations are moved from other locations within this section to this subsection.

Subsection “b” (change) expands animal-related violations to include those that are not solely found in Chapter 4.04 (Animals), such as ongoing and repetitive animal noise violations. The City has received complaints from neighboring properties regarding chronic disturbances from neglected dogs left to bark, and designating these disturbances as a public nuisance will allow for more effective enforcement.

Subsection “c” (change) extends the definition of properties where existing drug-related violations occur as public nuisances to business that engage in such violations. Existing language only holds the owner or manager of a building or place responsible for violations. The proposed language extends these responsibilities to the owners of a business that may be responsible for such violations.

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Subsection “f” (change) is deleted in its entirety as it addresses public telephones used to facilitate unlawful activity, or the presence of which contributes to the commission of certain unlawful activity, as public telephones are no longer prevalent.

Subsection “j” (change) specifies that a public nuisance in the form of a violation of the City’s Property Maintenance Code (Chapter 13.02) or Vacant Properties Code (Chapter

13.04) may exist immediately if the violation poses an immediate risk to public health or safety, or if the violation remains for more than 48 hours after the responsible party has been notified by City enforcement personnel. These amendments are consistent with Code Enforcement practices of first notifying property owners of violations and imposing penalties when they fail to address conditions, as an effective way of achieving compliance, unless the condition is immediately hazardous in which case immediate penalties are necessary and appropriate to punish and deter similar violations in the future.

Subsection “k” (new) contains new language that makes it a public nuisance if a person or entity commits five or more violations within a rolling 12-month period of any combination of the Tenant Protection code (Ch. 4.27), Housing Anti-Discrimination code (Ch. 4.28), Tenant Relocation code (Ch. 4.36), Tenant Harassment code (Ch. 4.56), Housing code (Ch. 8.92), Property Maintenance code (Ch. 13.02), Vacant Property code (Ch. 13.04), or any other local or State law related to building construction or fire prevention. This language targets serial or repeated violators of other provisions of the Code and that impair the rights of residential tenants or neighboring property owners to peaceful and quiet enjoyment of their property and subjects such individuals to elevated penalties for doing so. This provision may be applied to property owners who commit the requisite violations across multiple properties, affecting a larger number of people.

There are entities in the City that have received more than four citations for violations of one or more of the above-mentioned chapters within a 12-month period.

Subsection “l” (new) makes it a public nuisance to illegally subdivide and/or offer for rent a dwelling unit in violation of building codes and occupancy standards. In recent years,

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Code Enforcement and City Attorney staff have encountered several instances where dwelling units or entire residential buildings were illegally subdivided or were rented in a condition that does not meet the occupancy standards. These unlawful subdivisions can also be used to facilitate violations of Chapters 6.20 (Home-Sharing and Vacation Rentals) and 6.22 (Residential Leasing Requirements), and the zoning code, justifying their designation as a public nuisance.

Subsection “m” (new) makes it a public nuisance for any business or their employee or representative to employ harassing or unsafe tactics which endangers a significant number of persons. Staff has received reports of businesses that have threatened, intimidated, or harassed other businesses or individuals in the course of conducting their business activity, so as to interfere with others’ use of public spaces. The proposed language provides an effective means for the City to intervene in these situations.

Subsection “n” (new) contains new language which makes is a public nuisance for any responsible party not to comply with the City’s mandatory seismic retrofit program, as these violations threaten the safety of building occupants and other members of the public. Currently, violations of these chapters are subject to a $75.00 administrative citation. While staff will be proposing amendments to the City’s fine schedule in June to include higher fine amounts, staff recommends also adding violations of these chapters to the public nuisance code which would raise the penalties even higher than what staff will propose in June.

Subsection “o” (new) proposes new language which makes it a public nuisance if any person is found to have committed five or more violations within a 2-year period of operating any business in the City without first obtaining the required business licenses and permits or violating laws and regulations governing the operating of such a business. Staff has encountered situations where businesses are repeatedly found to be operating in the City and have been warned against doing so without first obtaining all necessary licenses, permits, and approvals. As these are sporadic and intermittent violations, violators appear to view citations for operating without a business license as a cost of doing business and are willing to take the chance that they will not get caught.

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By classifying these violations as a public nuisance, this allows Code Enforcement and the City Attorney’s Office to engage in more forceful enforcement tactics, including heightened penalties and seeking an injunction if necessary.

Subsection “p” (new) makes it a public nuisance for any person to engage in construction without the necessary building permits or violating a stop work order more than three times in a one-year period. Government Code 53069.4 requires a written warning be issued for violations prior to the issuance of monetary penalties for these situations. Staff have encountered situations where the same property owner or manager repeatedly engages in work without a permit in different units or at different properties, after having been notified repeatedly at different properties that a permit was required for the work. Code Enforcement staff must first issue a Notice of Violation and Stop Work Order before imposing any administrative fines or penalties for doing work without the permit, in most cases. If the responsible party stops after the Notice of Violation and belatedly gets the permit, they face no consequence for having begun the work without a permit and no disincentive not to try the same tactic the next time. By defining the repeated failure to obtain permits before beginning work as a public nuisance, Code Enforcement staff can issue a public nuisance citation when a fourth or subsequent Notice of Violation is issued to a responsible party, which will help to deter the same party from engaging in work without a permit in the future.

Notice to Responsible Parties (13.06.055) (new)
This section proposes procedural due process language that specifies the contents of the notice that is issued to violators of Chapter 13.06 informing them of the existence of a public nuisance and the required remedies. The City has informally followed a similar procedure in some cases and found it useful to have proposed proactive steps to abate a nuisance rather than simply demanding that the nuisance cease. This revision will provide a formal mechanism for the City to issue these notices in future cases. The notice need not be given before a citation is issued and can be used in conjunction with administrative fines for greater effect.

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The proposed revisions specify that no notice from the City will encourage or suggest that an owner of residential property evict a tenant for merely alleged unlawful activity or contact with law enforcement, or perform criminal background checks, as required by Government Code Section 53165.1.

Responsibility for Enforcement (13.06.095) (new)
The proposed language specifies that the Director of Community Development is tasked with primary enforcement of this chapter and is empowered to designate enforcement to other employees to assist in its enforcement. This section also makes clear that the Office of the City Attorney has authority to use all powers available to it to gain compliance with the chapter.

Severability (13.06.110) (new)
This proposed section provides language protecting the rest of the chapter if any provision should be declared invalid or unconstitutional.

Chapter 1.09
Applicability (1.09.010) (change)
The proposed language makes clear that administrative citations may be issued for violations of Chapters 3, 4, 5, 6, 7, 8, 9, and 13, whether transitory or continuing, unless otherwise stated.

Definitions (1.09.020) (change)
Two definitions are added or amended.

The term “Correctable offense” is added, creating a classification of offenses that can be corrected by taking some positive action to legalize the violation (e.g. obtain a permit, fix a property maintenance violation, etc.). Correctable offenses do not include violations where, to comply, the responsible party would need to refrain from continuing to commit future violations (e.g. use a gas powered leaf blower, etc.).

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The term “Responsible party” is amended to expand the definition to include any party that may be reasonably construed to be causing or maintaining a violation. The existing definition applies solely to those individuals who commits a violation and does not include those individuals or entities that may be supporting the commission of a violation.

Notice of Violation (1.09.025) (new)
This section is added to mandate the issuance of a notice of violation for violations pertaining to building, plumbing, electrical, or similar structural or zoning issues that do not create an immediate danger to health or safety prior to the issuance of monetary fines. This requirement is consistent with Government Code 53069.4(a)(2)(A), which requires that the person responsible for continuing such a violation be given a reasonable period of time to remedy the violation prior to the imposition of administrative fines or penalties. This is consistent with current Code Enforcement practice, but the amendments will codify the practice, including specifying the contents of the notice of violation.

Service Procedures for Issuing Administrative Citations (1.09.045) (new) This section establishes service procedures administrative citations. In order for an administrative citation to be considered properly served, it shall be served personally, via first-class mail, via posting of the property, or via publication. This is similar to the methods of service for compliance orders and administrative fines found in Chapter 1.10 of the Santa Monica Municipal Code, and similar to methods of service for filings in civil legal actions. The code is currently silent as to acceptable forms of service. These amendments are consistent with and codify current Code Enforcement practices.

Compliance with administrative citations (1.09.050) (change) Language is proposed creating correctable citations for certain situations. The proposed language allows fine amounts to be reduced by 50 percent for citations where:

1. The citation is issued for the first such offense within a thirty-six-month period;

2. The violation is a correctable offense;

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3. The violation is not deemed to be an immediate threat to the public;

4. The violation is corrected on or before the date indicated on the citation or any written extension granted by the City; and

5. The reduced fine is paid within 30 days of providing the proof of correction.

This program encourages and provides financial incentives for violators to correct the violation to achieve greater compliance, which ultimately reduces the need for further enforcement resources to be spent on the same violator or activity. The proposed correctable citation program is similar to one that is in use in West Hollywood with one exception. The West Hollywood program does not have the requirement that the reduced fine is paid within a specific time period. Staff’s experience with West Hollywood’s program demonstrated that it was effective at achieving compliance as desired, but the reduced fine often remained unpaid. The proposed Santa Monica program offers the reduced fine but conditions it on the payment of the outstanding balance in 30 days.

A correctable citation program may help elevate the City’s ability to collect outstanding fines. Currently, only 32% of citation dollars are collected and only 37% of citations are partially or fully paid. Shared mobility devices, short-term rentals, tenant relocation, and vending violations account for the overwhelming majority of uncollected fines. These four categories account for 73% of uncollected dollars and 49% of the total number of uncollected citations issued.

Uncollected Citations and Fine Amounts (2018 to date)
Issue # Citations Fine Amounts
Short-Term Rentals 263 $279,768
Vending 1284 $209,693
Shared Mobility Devices 390 $202,598
Tenant Relocation 71 $131,598
Other 2054 $300,674

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There are some limitations to the City’s ability to collect fines for vendors as SB946 (2019) eliminated the possibility of suspending, revoking, or not renewing business licenses for vendors due to nonpayment of fines. Additionally, SB946 makes vendors responsible for only 20% of the fine amount if an approved ability-to-pay determination is submitted.

Violations of the City’s short-term rental or tenant relocation ordinances are ideal examples of the types of issues that would be eligible for the correctable violation program. Provided that the violator corrected the violation in time and paid the outstanding balance, the fine amount would be reduced by 50%. Both of these fine amounts were significantly elevated in 2023, thus providing more incentive to correct.

Hearing procedure (1.09.090) and Hearing Officer’s decision (1.09.100) (change) Procedural language is added mandating delivery of the notice of a hearing and a hearing officer’s final decision via email unless the appellant requests the decision be received by mail. This clarifies and is consistent with current practices and is designed to ensure that persons requesting a hearing will have prompt and verifiable notice of the hearing and Hearing Officer’s decision and puts parties on notice that they may request service by other means.

Recovery of administrative citation fines and costs (1.09.120) (new) Proposed language is included allowing the City to recover costs incurred by the City for investigating and defending any citation which is upheld on appeal or becomes final.

These costs may include investigative costs, hearing costs, and reinspection costs.

Certain investigations and enforcement actions are particularly time and resource intensive, including investigations related to violations. For instance, an investigation of an SMMC Chapter 6.20, Homesharing and Vacation Rentals violation may require booking and paying for a homeshare listing and considerable staff hours to verify the unit is not a lawful homeshare. Staff will add Code Enforcement investigative and inspection fees to the Master Fee Schedule that is coming before Council in June 2025.

Identification (1.09.170) (new)

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This is a newly proposed section requiring persons responsible for a violation of the municipal code to identify themselves to an enforcement officer so that they can issue an administrative citation. This provision is modeled of a provision of the West Hollywood municipal code that their code enforcement staff rely on to facilitate enforcement.

Environmental Review
The amendments to Chapters 1.09, and 13.06 are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. Section 15061(b)(3) states the CEQA applies only to projects that have the potential for causing a significant effect on the environment. 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 activity is not subject to CEQA. In this case, the proposed municipal code amendments will provide staff better tools to maintain order and address nuisances found throughout the City.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed changes to the Code. Staff can incorporate these changes into their existing duties. The effect to the budget of the correctable citation program is unknown, although it may lead to an increase in the number of citations that are paid. The addition of Code Enforcement Investigation and Inspection fees to the upcoming Master Fee Schedule may also result in a small increase to City revenues. Staff will monitor revenues and return to Council in the future if any adjustments are required.

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Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
Attachments:

A. Attachment A - Ch. 1.09 and 13.06 Ordinance
B. Attachment B - August 23, 2023 City Council Staff Report C. Attachment C - March 7, 2017 City Council Staff Report D. Attachment D - November 1, 2016 City Council Staff Report E. PowerPoint Presentation

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City Council Meeting April 8, 2025 Santa Monica, California ORDINANCE NUMBER ___ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 1.09.010, 1.09.020,

1.09.120, 13.06.030, 13.06.040, 13.06.050, AND 13.06.090, AND ADDING SECTIONS

1.09.025, 1.09.045, 1.09.170, 13.06.055, 13.06.095, AND 13.06.110 TO THE SANTA

MONICA MUNICIPAL CODE
WHEREAS, the City of Santa Monica is committed to protecting its’ residents’, businesses’, and visitors’ health, safety, welfare, and quality of life; and WHEREAS, the City is also committed to preserving aesthetic qualities and charm which enrich residents’ lives and attract visitors; and WHEREAS, effective code enforcement is vital to the effectuation of these commitments; and
WHEREAS, code enforcement is the method by which the City assures that the use of land and the operation of business activity continues to comply with local regulations after permits and licenses have been issued; and WHEREAS, enforcement of this Code and nuisance abatement are matters of local concern and serve important public purposes; and
WHEREAS, California Government Code Section 53069.4 authorizes the legislative body of a local agency to, by ordinance, make any violation of its municipal code subject to an administrative fine or penalty, and to set forth the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of those administrative fines and penalties, and requires such procedures provide for a reasonable period of time for a person responsible for a continuing violation to

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Packet Pg. 275 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) correct or otherwise remedy the violation prior to imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety; and
WHEREAS, in adopting Government Code 53069.4, the state legislature found that “code enforcement is complex and, therefore, there is a need for many tools, including fines, to help maintain an effective, efficient, and responsive enforcement of codes”; and WHEREAS, this finding is particularly applicable to Santa Monica, as achieving effective code enforcement is complicated by various factors including the City’s unusual density, its age, its diversity of structures, and variety of sometimes conflicting activities and land uses occurring within the City’s eight square miles; and WHEREAS, it is essential to effective and efficient code enforcement that all persons and entities responsible for or contributing to a violation or public nuisance be held accountable and subject to swift administrative enforcement; and WHEREAS, providing persons responsible for code violations that are capable of being ceased, not frequently recurring, and do not pose immediate danger to health or safety, an opportunity to promptly cease the violation and pay a reduced administrative fine both encourages faster compliance and timely payment of fines, thereby reducing the need for further code enforcement and other resources to be expended achieving compliance and recovering fines; and
WHEREAS, setting clear rules regarding the City’s process for providing a reasonable period of time for persons to correct conditions that do not create an immediate danger to health or safety prior to the imposition of administrative fines and

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Packet Pg. 276 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) penalties, delivering administrative citations to persons subject to the citation, and notifying persons who appeal citations of the date, time, location, and outcome of their appeal, serves to inform and benefit the public, administrative enforcement officials and practitioners, and hearing officers; and
WHEREAS, a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to ensure code compliance; and WHEREAS, the City adopts the administrative fine and penalty provisions of this ordinance pursuant to the City’s powers as a charter city and Government Code Section 53069.4; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards; and
WHEREAS, Civil Code Sections 3479 and 3480 define a nuisance as anything that is injurious to health, offensive to the sense, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and anything that unlawfully obstructs the free passage or use of public spaces and waterways, and a public nuisance as one that affects an entire community or neighborhood, or considerable number of people; and
WHEREAS, Government Code Section 38771 authorizes a city legislative body to declare what constitutes a nuisance by ordinance;
WHEREAS, the City has long regulated public nuisances through administrative, civil, and criminal enforcement; and

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Packet Pg. 277 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) WHEREAS, on February 13, 2024, the City Council directed staff to review the City’s laws and regulations regarding the abatement of public nuisances and propose revisions that include additional definitions of what constitutes a public nuisance; and WHEREAS, including repeat violators of housing, building, and tenant protection codes, and those that engage in nuisance activity in the conduct of their business, in the definition of public nuisances ensures that those responsible for conduct that threatens or harms the health, safety, enjoyment of property, and use of public spaces of a significant number of people are appropriately penalized, that enforcement resources are directed toward those properties and persons negatively affecting larger numbers of people, and that the City has comprehensive remedies to abate such conduct; and WHEREAS, clearly designating the Community Development Department Director as primarily responsible for enforcement of the City’s Public Nuisances code is consistent with the Director’s responsibility for enforcement of other codes contained in Article 13, of the municipal code, but does not limit the City Attorney’s authority to seek appropriate remedies to abate public nuisances, including civil and criminal enforcement actions; and WHEREAS, setting clear rules regarding notices to persons responsible for committing public nuisances will improve enforcement and efficient abatement of nuisances, benefiting the public; and

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

SECTION 1. Section 1.09.010 of the Santa Monica Municipal Code is hereby amended to read as follows:

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Packet Pg. 278 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) Section 1.09.010 Applicability.
(a) This Chapter provides for the issuance of administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.
(b) The administrative citations process set forth in this Chapter applies to violations of the Code that: (1) are transitory or immediately remediable; (2) create an immediate danger to health or safety; or (3) are continuing violations pertaining to building, plumbing, electrical or other similar structural or zoning issues that persist after the responsible party has been given notice and failed to comply within the specified time frame. Unless otherwise stated in the Code, the administrative citations process set forth in this Chapter applies to violations of Articles 3, 4, 5, 6, 7, 8, 9, and 13 of this Code or any other provision specifically identified as subject to the administrative citation process.

This Chapter shall only apply to administrative citations issued for violations of this Code, and shall not apply civil, criminal, or other enforcement of any section of this Code. (c) Use of this Chapter shall be at the sole discretion of the City, subject to subsection (b) of this Section.

SECTION 2. Section 1.09.020 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.020 Definitions.
“Correctable offense” means any ongoing or continuous violation of the Santa Monica Municipal Code or any law the City is authorized to enforce that can be legalized by taking a positive action towards compliance rather than refraining from committing a future violation.

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Packet Pg. 279 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) “Enforcement Officer” means a City Police Officer, a City Code Compliance Officer or Code Enforcement Officer, a City Building Inspector, a City Combination Building Inspector, a City Parking Enforcement Officer, a City Public Works Inspector, a City Fire Inspector, a City Office of Sustainability and the Environment Inspector, a City License Inspector, a City Animal Control Officer, a City Public Services Officer, a City Lead Public Services Officer, a City Public Services Officer Supervisor, a City Public Services Administrator, a Pier and Harbor Services Officer, a Lead Pier and Harbor Services Officer, a City Pier and Harbor Services Supervisor, or any other authorized agent or employee of the City whose duty is to assure Code compliance. “Responsible party” means any person, business, company or entity, and the parent or legal guardian of any person under the age of eighteen years, who has done any act for which an administrative citation may be imposed. individual or entity who is responsible for causing or maintaining a violation of this Code or applicable state codes or causing or maintaining any public nuisance. The term “responsible party” includes, but is not limited to, a property owner, tenant, occupant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation, or a business owner, or manager of a business.

SECTION 3. Section 1.09.025 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 1.09.025 - Notices of violation.

Pursuant to California Government Code 53069.4, when a violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, an enforcement officer shall issue a

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Packet Pg. 280 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) notice of violation to the responsible party prior to the imposition of administrative fines or penalties. Such notice shall serve as a written warning of responsibility and required action to abate the violation. The notice of violation shall include the following information:
(a) The name of the responsible party;
(b) The name of the owner, if different from the responsible party; (c) Street address;
(d) The code sections in violation;
(e) Date of the violation, if known;
(f) A description of the conditions which violate the applicable codes; (g) The date of the violation or, if the date of the violation is unknown then the date the violation is identified;
(h) A list of corrections to bring the condition into compliance; (i) A reasonable period of time to correct the violations listed in the notice of violation prior to the imposition of fines or penalties, unless the violation constitutes an immediate danger to public health, safety, or welfare, or materially interferes with public travel or passage, in which case the notice of violation may require immediate compliance; (j) A list of the potential consequences for failure to comply with the notice of violation or permitting the violation such as criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits, and receivership.

SECTION 4. Section 1.09.045 of the Santa Monica Municipal Code is hereby added to read as follows:

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Packet Pg. 281 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) Section 1.09.045 Service Procedures for Issuing Administrative Citations.

An administrative citation on a form approved by the City Manager may be issued to a responsible party by an enforcement officer for violation of those sections set forth in subsection (b) of Section 1.09.010 as follows:
(a) By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation’s validity or enforceability; or (b) By Regular First-Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail to the responsible party as shown on the County’s current equalized assessment roll or other records pertaining to the matter to which such notice is directed; or
(c) By Posting on Property. If the enforcement officer is unable to serve the citation under subsection (a) or (b) above, by posting a copy of the citation on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or
(d) By Publication. If the enforcement officer cannot post the citation by any of the above methods, by publishing the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

SECTION 5. Section 1.09.050 of the Santa Monica Municipal Code is hereby amended to read as follows:

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Packet Pg. 282 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) Section 1.09.050 Compliance with administrative citations. (a) The responsible party shall comply with any administrative citation by abating the Code violations described in the citation and by paying the required fines within the time allotted by the citation.
(b) Any administrative citation fine paid pursuant to subsection (a) of this Section shall be refunded in accordance with Section 1.09.100 if it is determined, after a requested review, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
(c) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.
(d) If the citation is the responsible party’s first violation of the cited code provision within a thirty-six month period, is a correctable offense, is deemed by the enforcement officer not to create an immediate danger to health and safety, and is deemed by the enforcement officer to be corrected within the time indicated on the citation, the responsible party shall not be required to pay more than fifty percent of the fine, provided the responsible party pays fifty percent of the fine within 30 days of providing proof of correction of the violation to the enforcement officer. Subsequent administrative citations for a violation of the same code provision issued within thirty-six months of another administrative citation shall not be eligible for a fine reduction under this subsection. This paragraph shall not apply to orders issued pursuant to Section 10.04.04.040.

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Packet Pg. 283 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) SECTION 6. Section 1.09.090 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.090 Hearing procedure.
(a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section

1.09.050 or an advance deposit hardship waiver has been issued in accordance with Section 1.09.070.
(b) A hearing before the Hearing Officer shall be set for a date that is not less than five days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this Chapter, unless the Hearing Officer determines that the matter is urgent or that good cause exists for an extension of time. Notice of hearing shall be sent to the party contesting the administrative citation by email, unless the party contesting the citation requests to receive notice of the hearing by mail, in which case the notice shall be mailed to his or her last known mailing address. (c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. (d) Unless the recipient of an administrative citation requested a paper review pursuant to Section 1.09.060(e), the failure of the recipient to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.
(e) The administrative citation and any additional report submitted by City staff shall constitute prima facie evidence of the respective facts contained in those documents.

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Packet Pg. 284 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) (f) The Hearing Officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(g) The Hearing Officer may grant any request for a continuance of the hearing from either party upon a showing of good cause.
(h) The Hearing Officer shall have the power to issue orders to keep order and decorum during an Administrative Hearing. No person shall fail to comply with any such order.
(i) At any time prior to, during or after the hearing, the City Attorney’s office may exercise its prosecutorial discretion to reach a plea agreement or compromise with the responsible party or to dismiss any citation.

SECTION 7. Section 1.09.100 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.100 Hearing Officer’s decision.
(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be issued within thirty days after the conclusion of the hearing or the submission of all written materials if no hearing is requested and the Hearing Officer’s decision shall be final.
(b) If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. (c) If the Hearing Officer determines that the administrative citation should be

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Packet Pg. 285 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a schedule on which the fine must be paid.
(d) If the Hearing Officer determines that the administrative citation should not be upheld and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine. Unless the City returns the fine within thirty days after it was deposited, this refund shall also include interest at the average rate earned on the City’s portfolio for the period of time that the fine amount was held by the City. (e) The recipient of the administrative citation shall be served with a copy of the Hearing Officer’s written decision. Notice of the decision shall be sent to the party contesting the administrative citation by email, unless the party contesting the citation requests to receive the decision by mail, in which case it shall be mailed to his or her last known mailing address.
(f) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.

SECTION 8. Section 1.09.120 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.120 Recovery of administrative citation fines and costs. (a) The City may collect any past due administrative citation fines or late payment charges by use of all available legal means. The City also may recover its collection costs pursuant to subsection (b) of this Section.
(b) Any person who fails to pay any obligation required by this Chapter shall also

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Packet Pg. 286 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) be liable in any action brought by the City for all the City’s costs incurred in securing payment of the delinquent amount including, but not limited to, administrative costs and attorney’s fees. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.
(c) The City may recover from a Responsible Party any and all costs incurred by the City in connection with the issuance of any citation which is upheld or becomes final.

These recoverable costs include, but are not limited to, costs of investigation, personnel costs incurred in connection with any administrative hearing, and costs for all reinspections necessary to enforce compliance with the Code.

SECTION 9. Section 1.09.170 of the Santa Monica Municipal Code is hereby amended to read as follows:

Section 1.09.170 Identification
Unless prohibited by this code or any State, County, or federal law, aAny person who violates or fails to comply with any provisions in this code and who possesses no photo identification or refuses to identify themselves to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor. This provision shall not be enforceable if superseded by any provision of this Code, or other State, County, or Federal law or regulation.

SECTION 10. Section 13.06.040 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.06.04013.06.030 Definitions.
"Cost of abatement" means the total cost incurred by the City in connection with abating a public nuisance, including, but not limited to:

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Packet Pg. 287 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) (1) Any cost incurred in removing or remedying a public nuisance; and (2) A service fee for services rendered by the City in connection with inspection, notification, prosecution, and abatement procedures authorized by this Chapter, which fee will be calculated based on all services rendered by the City from initial inspection of the property for the purpose of documenting a violation of this Chapter until the violation is corrected; and
(3) Any expense incurred by the City in collecting the costs enumerated in this subsection.
"Director" means the Director of Community Development, or designee. "Graffiti" means any writing, printing, symbol, figure, design, painting, marking, inscription, or other defacement that is written, sprayed, painted, scratched, etched, engraved, drawn, marked, or otherwise applied to any exterior surface of a building, wall, window, fence, tree, sidewalk, curb, or other structure without the prior consent of the owner or person in possession.
"Minor automotive repair and service" includes replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing oil and transmission fluid, patching or mounting of tires and similar repairs and services. "Owner" means the owner of record of real property.
"Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or any other entity which is recognized by law as having rights and duties.
"Premises" means any real property or improvements thereon. "Public nuisance" means any nuisance designated in Section 13.06.050 of this Chapter.

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Packet Pg. 288 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) “Responsible party” means an individual or entity who is responsible for causing or maintaining a violation of this Chapter. The term “responsible party” includes, but is not limited to, a property owner, tenant, occupant, person with a legal interest in real property or person in possession of real property, the president or other head of a corporation, or a business owner, or manager of a businessincludes owners, occupants, lessees, property managers, and home owners’ associations in the case of condominium developments.

SECTION 11. Section 13.06.030 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.06.030 13.06.040 Responsibility for maintenance.
(a) Every responsible party owning, possessing, managing, or having charge or control of any real property owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this Chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. (b) It shall be unlawful for any owner, occupant, lessee, or holder of any possessor interest of real property within the City to create or maintain a public nuisance on such property.

SECTION 12. Section 13.06.050 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.06.050 Public nuisances.

It is hereby declared a public nuisance and a violation of this Chapter for a responsible party owning, possessing, managing, or having charge or control of any real

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Packet Pg. 289 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) property in the City to permit, any of the following activities to occur on the real property of the owner, or for a responsible party to commit any of the following activities. A violation of any of the following subsections may be cited as a separate offense:

The following are declared to be public nuisances:
(a) Any building, or place, or business which has been operated or maintained in a manner that has resulted in repeated disruptive activities, including, but not limited to, assaults; batteries; curfew, loitering, or vagrancy violations; disorderly conduct; disturbances of the peace; driving under the influence; public drunkenness;, drinking in public, harassment of passersby; illegal parking; liquor law violations; sale of stolen goods, public urination, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours);, or curfew violations peeping; public urination; sale of stolen goods; trespass; and/or vandalism. (b) Animal disturbances or violations, including but not limited to aAny condition in violation of Chapter 4.04 (Animals) or Section 4.12.090 (Noisy animals) of this Code (Animals).
(c) Every building or place used for the purpose of, and every business engaged in, unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance (as defined in Division 10 of the California Health and Safety Code) and every building or place wherein or upon which those acts take place. (d) Every building or place used for the purpose of, and every business engaged in, unlawfully selling, serving, or giving away alcoholic beverages and every building or place in or upon which alcoholic beverages are unlawfully sold, served, or given away. (e) Every building or place used for the purpose of illegal gambling as defined by

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Packet Pg. 290 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) State or local law, lewdness or prostitution, and every building or place in or upon which such activities are held or occur.
(f) Reserved.Any public telephone or other device that transmits or receives voice or electronic messages which is used as an instrumentality for or contributes substantially by its presence to any of the following:
(1) Illegally selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code);
(2) Soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity;
(3) Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control; (4) Blockage of streets, alleys, or private driveways; or (5) Excessive noise.
(g) Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property. (h) Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public right-of-way except:
(1) Minor automotive repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property;
(2) The work does not involve repetitive testing of an engine; (3) No more than one motor vehicle, as viewed from the public right-of-way, is

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Packet Pg. 291 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) being worked on at any point in time; and
(4) The work complies with the City's Noise Ordinance.
(i) Any violation of Chapters 13.02 and 13.04 of this Code that poses an immediate threat to public health or safety, or one that is maintained for more than 48 hours after notification to the property owner or other responsible party by a city enforcement officer. (j) Any public nuisance as defined in Civil Code Sections 3479 and 3480 and Penal Code Sections 370 and 371, or otherwise recognized in law or in equity as constituting a public nuisance, and any condition identified as a public nuisance in any other provision of this Code.
(k) Five or more violations in any rolling one-year period of any combination of Chapter 4.27 (Tenant Protection), Chapter 4.28 (Housing Anti-Discrimination Code), Chapter 4.36 (Tenant Relocation), Chapter 4.56 (Tenant Harassment), Chapter 8.92 (Housing Code), Chapter 13.02 (Property Maintenance), Chapter 13.04 (Vacant Properties), or any city, County, or State law related to building construction or fire prevention.
(l) The illegal subdividing or renting of dwelling units in violation of building codes and occupancy standards.
(m) Employing harassing or unsafe tactics in the course of conducting business operations that endangers the health or safety of a considerable number of persons, including, but not limited to:
(1) Intentionally or recklessly making physical contact with or touch another person without consent;
(2) Intentionally or recklessly blocking or impeding the free passage or use of a

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Packet Pg. 292 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) public right-of-way;
(3) Engaging in speech or conduct in a manner intended or likely to cause a reasonable person to: (i) fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; (ii) intimidate a person being solicited into responding affirmatively to the solicitation; or (iii) intimidate another person or business into altering their business operations.
(n) Any violation of Chapters 8.58 (Mandatory Seismic Retrofit Administrative Requirements), 8.60 (Mandatory Seismic Retrofit Requirements for Unreinforced Masonry Bearing Wall Buildings), 8.64 (Mandatory Seismic Retrofit Requirements for Existing Concrete and Reinforced Masonry Wall Buildings with Flexible Diaphragms), 8.72 (Mandatory Seismic Retrofit Requirements for Soft Weak or Open Front Walls in in Light, Wood-Framed Buildings), 8.76 (Mandatory Seismic Retrofit Requirements for Existing Welded Steel Moment Frame Structures), or 8.80 (Mandatory Seismic Retrofit Requirements for Existing Non-Ductile Concrete Buildings). (o) Any combination of three or more violations in a rolling one-year time period for engaging in construction or demolition work without first obtaining all required permits and approvals in violation of Section 8.08.050 of this code, or for violating a stop work order.

The issuance of a Notice of Violation, stop work order, or administrative citation for violation of Section 8.08.050 is sufficient to prove the existence of a qualifying violation, except that a stop work order or an administrative citation that is in the process of being appealed, or which has been appealed and overturned, shall not establish a qualifying violation.

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Packet Pg. 293 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) SECTION 13. Section 13.06.055 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 13.06.055 Notice to Responsible Parties
(a) The Director or the City Attorney or designee, shall, within a reasonable period of time from the date of the occurrence of any activity listed in Section 13.06.050, notify the known responsible parties of the nuisance activity. The notice shall include (1) the location of the property;
(2) the name of the person(s) conducting the nuisance activity (if known and appropriate);
(3) the description of the nuisance activity; and
(4) suggested remedies to abate the nuisance activity.
(b) The notice provided for by this section may constitute a compliance order for the purposes of Chapter 1.10 of this Code. A notice pursuant to this section is not be required to be given prior to the issuance of an administrative citation for violation of this Chapter pursuant to Chapter 1.09 of this Code, or the imposition of any other penalty or remedy permitted by law.
(c) The notice provided for by this section shall not require or encourage the owner of real property actually used for residential rental purposes to do any of the following to do any of the following, nor shall it impose or threaten to impose any penalty on the owner of real property actually used for residential rental purposes for failing to take any of the following actions:
(1) Evict or penalize a tenant because of the tenant’s association with another tenant or household member who has had contact with a law enforcement agency or has

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Packet Pg. 294 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) a criminal conviction;
(2) Evict or penalize a tenant because of the tenant’s alleged unlawful conduct or arrest;
(3) Include a provision in a lease or rental agreement that provides a ground for eviction not provided by, or that is in conflict with, state or federal law; (4) Perform a criminal background check of a tenant or a prospective tenant. (d) The notice described in this section shall be delivered to the responsible party by personal delivery or regular mail, in a sealed envelope postage prepared, addressed to the person to be notified at his or her last known business or residence address. Service by mail is deemed to have been completed at the time of deposit in the post office. (e) Where real property is involved, the notice shall be served on the owner of the property, either by personal delivery or via regular mail, at the address listed on the latest equalized County assessment. Within five (5) days of the date of mailing the notice, the owner shall provide a copy of the notice to all other responsible parties.

SECTION 14. Section 13.06.095 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 13.06.095 Responsibility for Enforcement
The Director shall have the primary responsibility to administer and enforce the provisions of this Chapter. The Director shall have the authority to designate employees as enforcement officers to assist in the enforcement responsibilities, including the issuance of administrative citations pursuant to Chapter 1.09 of this Code. This provision shall in no way be construed as limiting the authority of the City Attorney to investigate, prosecute, enjoin, or use any other remedy to enforce this Chapter.

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Packet Pg. 295 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) SECTION 15. Section 13.06.110 of the Santa Monica Municipal Code is hereby added to read as follows:

Section 13.06.110 Severability
If any section, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. The Council hereby declares that it would have passed this ordinance and adopted this article and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 16. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 17. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30

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Packet Pg. 296 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) days from its adoption.

APPROVED AS TO FORM:
______________________________
DOUGLAS SLOAN City Attorney

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Packet Pg. 297 Attachment: Attachment A - Ch. 1.09 and 13.06 Ordinance (6918 : Ordinance Updating Public Nuisance Abatement Code) City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.F
1 of 16
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code Creating Article 13, Neighborhood Preservation, and Chapter 13.02, Property Maintenance, and Chapter 13.04, Vacant Properties and Moving Language Found in Chapter 8.96, Abatement of Nuisances, to New Chapter 13.06, Abatement of Nuisances, and Retitling Chapter 8.96 to Reserved
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption and no possibility of significant effect pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code by creating new Article 13, Neighborhood Preservation, Chapter

13.02, Property Maintenance, and Chapter 13.04, Vacant Properties, and moving language found in Chapter 8.96, Abatement of Nuisances, to new Chapter 13.06, Abatement of Nuisances, and retitling Chapter 8.96 to Reserved.

3. Adopt Resolution Amending the Administrative Citation Schedule of Fines for Fiscal Year 2023-24 to Include Violations of Chapters 13.02, Property Maintenance, 13.04, Vacant Properties, and 13.06, Abatement of Nuisances, to the Administrative Citation Fee Schedule and Removing All Violations of Chapter

8.96, Abatement of Nuisances from the Administrative Citation Fee Schedule.

4. Consider providing direction to staff to return at a future City Council meeting with an item creating a vacant property registration program that includes fees which serve to recover costs associated with the inspection and ongoing monitoring of vacant properties in the City of Santa Monica.

Executive Summary
The expected lifespan for residential and commercial buildings is between 60 and 80 years. Many factors go into determining the lifespan of a building. This may include the

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upkeep of the building, the use for which the structure is put through, or the methods and materials in the construction process. Per LA County Assessor records, the average age of buildings in Santa Monica is 63 years old. As buildings age, ongoing maintenance and upkeep is needed to ensure the safety, habitability, and quality of life for all that occupy or use them.

In the past several years, the City has experienced an increase in concerns regarding the number of properties that are vacant. This has led to the diminishment in the perceived safety and aesthetics of the City. The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for vacant properties. These requirements would be located in a new Article 13, which would also include the public nuisance standards, currently found in Chapter

8.96. These new tools will enable Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the community.

Background
Property Maintenance:

Effective property maintenance codes are necessary to preserve a property, keep it safe, and maintain its good condition for the owner, occupants, neighbors, and broader community. Well-maintained properties help to protect the overall health, safety, welfare, and general aesthetic appeal of a community. Property maintenance codes also preserve the supply of safe, affordable housing that is available to a community.

Currently, Code Enforcement staff responds to, and addresses calls for property maintenance concerns. These are frequently submitted through the City’s 311 system as well as by contacting the division directly via phone or email. Often, due to the lack of a comprehensive property maintenance ordinance, these concerns are referred to the Los Angeles County Department of Environment Health (County Health) for follow up.

However, per their website, County Health primarily responds to issues which affect the habitability of dwelling units. Non-habitability related issues and commercial and industrial properties are left with only minimal existing standards governing them. The

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City does not have effective, comprehensive tools to address many of these issues in the community.

Property maintenance concerns are the core of code enforcement, whose primary goal is to ensure the safety of buildings and the quality of life for all residents, workers, and visitors in Santa Monica. Staff believes that stronger, more in-depth property maintenance provisions are needed to better serve the community. Efficient and effective code enforcement is the best tool for ensuring that residents are able to live in a safe and secure environment. The current practice of referring property maintenance concerns to the County Health is not an efficient method of serving the community.

Code enforcement policy should neither burden the tenant with repair costs nor encourage building condemnation as a solution. Instead, code enforcement should encourage a landlord or property owner to improve conditions of their buildings.

Vacant Properties:

On November 1, 2016, a City Council Study Session on vacant properties was held.

Council reviewed and discussed staff’s findings and directed staff to return with a proposed Property Maintenance Ordinance, amending SMMC 8.96, Abatement of Nuisances, to include additional requirements, including new regulations on buildings or structures that are in a state of incomplete construction for an unreasonable period of time. At the time of the Study Session, there were 29 vacant properties in the city known to staff, and staff received 23 complaints related to nuisance conditions on 12 vacant properties over the previous twelve-month period.

Santa Monica City CouncilApril 8, 2025

Santa Monica City Council
April 8, 2025