EXECUTIVE SUMMARY
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• Provide input on proposed tree planting activities
in City public improvement projects.
Street Tree Species Selection • Provide input on street tree species designation, including those adjacent to designated city landmarks and within historic districts. The latter will be accomplished in conjunction with the Landmarks Commission.
Education • Provide input on the development of the Heritage Tree educational program.
• Encourage responsible stewardship of trees on
private property.
• Provide input to staff on written materials sent to
residents regarding trees.
Funding • Advocate and support funding initiatives
including grant funding opportunities.
Report Evaluation • Evaluate biennial reports and the fi rst seven-year report on achieving the stated environmental performance goals as specifi ed in the Master Plan. As needed, the Task Force will advise staff on recommended changes to the Master Plan’s goals and strategies, including the appeals processes, tree species designations, tree valuation, the public review process for tree removals, and tree relocations as part of City public improvement projects.
Public Liaison • Listen to public concerns about tree related issues and convey those concerns to City staff.
• Advocate for transparency in City operations
and for best practices in their interactions with outside contractors. • Act as representatives of the Urban Forest
Task Force before other appointed bodies and before the City Council on matters agreed upon by the Task Force. • Provide input on tree planting for School
District property.
Advisory Recommendations• Hear reports and provide advisory recommendations.
• Hear reports from City Departments
concerning tree aspects of ongoing projects.
• Provide input on implementation of LUCE
including input zoning ordinance and development requirements related to public and/or private trees.
ROLE OF THE PUBLIC WORKS DEPARTMENTThe Public Works Department’s strategic and systematic stewardship of the urban forest seeks to maximize the sustainable environmental benefi ts it delivers to the community while minimizing the associated risk. The Department works in close partnership with the Urban Forest Task Force in its endeavors to fulfi ll the vision of the Urban Forest Master Plan.
The value of these benefi ts justifi es the need for effective urban forest management goals supported by sound arboricultural strategies. The baseline data provided will help future managers of the urban forest make informed decisions, and promote a better understanding of the environmental and aesthetic benefi ts provided by public trees, which will lead to increased community investment in the stewardship of its trees. The appendices of this Master Plan establish guidelines for the care of the urban forest, lay out specifi c street tree designations and include a glossary with references that will be updated routinely to incorporate new maintenance practices.ROLE OF THE URBAN FOREST TASK FORCETask Force meetings will be held approximately every two months. To help ensure a focused and effective advisory body during its tenure, the Task Force would advise staff in the following areas related to the urban forest: Administrative• Form standing committees and ad hoc committees as needed and as staff resources permit.
• The Species Selection Subcommittee
shall be an ongoing standing committee concerned with tree species selections in the city’s parkways, medians,parksand public improvement projects, reporting to the Task Force as a whole body.
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Spanish colonizers introduced exotic plants and animals, changing the ecology of the area. 1874-1875Colonel Baker and Senator Jones laid out the City of Santa Monica, establishing an infrastructure for the future urban forest. 1887 Abbot Kinney established the nation’s fi rst forestry station in Rustic Canyon for experimentation with eucalyptus propagation. 1890 The Santa Monica Forestry Station distributed 76,000 eucalyptus seedlings to encourage use in nurseries.
Prior to the 16th centuryThe Tongva People, later called the Gabrielinos, lived in villages in what is currently known as “The Westside.” These hunter gatherers coexisted with the native plants.
The cultural life in the area which is now Santa Monica shifted radically during the 125 years before the City was incorporated in 1886. This shift had a major effect on the land that now supports Santa Monica’s urban forest. Over many generations, the Tongva People inhabited this terrain of grassland and coastal sage scrub on the bluffs. Sycamores, cottonwood, and willow may have grown on the banks of streams, with grassland and oak woodland further inland.3 During the 16th century, the Spanish explored and claimed the region. The colonization of Alta California by the Spanish began in 1769. Following Mexico’s independence from Spain in 1821, local land grants were made and the land was used mostly for grazing cattle and sheep.
By 1875 Colonel R. S. Baker and Nevada Senator John P. Jones owned the land that is now Santa Monica and laid out the City, numbering the north/south streets from the Pacifi c Ocean to 26th Street, and naming the east/west streets, from Colorado Avenue on the south to Montana Avenue on the north, after states of the Union. They sold residential lots, and by the time Santa Monica was incorporated into an 8.3 square mile city in 1886, trees were planted and the land that was once a bluff with few trees gave birth to what is now Santa Monica’s emerging urban forest.4 & 5 From 1893-1900 other areas of the City were developed. Smaller lots were allocated with the idea of making affordable neighborhoods near the beach. With the smaller lots, less space was allocated for street trees. The choices that early developers made regarding growspace for trees continue to affect today’s urban forest.
THE SANTA MONICA URBAN FOREST TIMELINE
The estate of Senator John P. Jones became the current Fairmont Miramar Hotel. Its fi g tree still exists, over 100 years later, and is one of the City’s four current designated Landmark Trees.
Ocean Avenue circa 1900.
HISTORY OF SANTA MONICA’S URBAN FOREST10 | SANTA MONICA’S URBAN FOREST MASTER PLAN 0 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 333
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for 1892
Senator Jones and Arcadia Bandini de Baker donated 16 acres of oceanfront land, now known as Palisades Park, to the City for use as public space forever.
Abbot Kinney, a prominent land developer in the area, was an expert on eucalyptus trees and a friend of John Muir.
Santa Monica aerial photo circa 1919. Canopy trees can be seen in the upper edge of this photo. 1923Nurseryman Hugh Evans established his garden in Santa Monica at 501 24th Street and began importing plants. 1944George Hastings published Trees of Santa Monica, acknowledging the City’s signifi cant trees. 1953The City of Santa Monica began a Master Street Tree Planting Program and adopted a Tree Code to be added to the Santa Monica Municipal Code. 1890 - 1900 The city was plotted and a grid of treelined streets was created. 1900 Community groups and residents participated in tree planting activities.
During the 1880s, experimentation with trees originating in climates similar to Santa Monica was actively pursued. Abbot Kinney, known for his development of the Venice canals, had a profound impact on Santa Monica’s urban forest. He served as the Chairman of the State Forestry Board (1886-1888) and as roadmaster of Santa Monica.
Abbot Kinney established the nation’s fi rst forestry station in Rustic Canyon in 1887 where he conducted studies on close to 100 species of eucalyptus, a very popular species at the time. He knew the work of Ellwood Cooper (of Santa Barbara) who lectured in 1875 that the planting of eucalyptus forests could mitigate wind and increase rain, and that eucalyptus was “needed for the planet’s well-being”. 6 Several eucalyptus species identifi ed in Abbot Kinney’s book, Eucalyptus (1895), exist in Santa Monica today, including E. fi cifolia, E. citriodora, E. globulous and E. leucoxylon.7 Local nurseries were established to take advantage of the temperate climate. In 1899, a fi fteen acre site in south Santa Monica was developed as a growing ground for fl owers and became one of the City’s best known industries.8 In 1923, nurseryman Hugh Evans established a garden in Santa Monica and began importing plants from the South Pacifi c, Australia and South Africa.
One of the City’s beloved parks, Palisades Park, was donated to the City as a park forever in 1892 by Senator Jones and Arcadia Bandini de Baker. In 1908, Santa Monica’s Park Commissioner stipulated that his salary be spent on trees in the park. Palms are shown in a 1908 photo of the park, and in 1976 in the book Trees of Santa Monica, author Grace Heintz recognized that fi ve species of palms and six species of eucalyptus dominated the park.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for In 2011, Santa Monica celebrated its 30th
consecutive year of being recognized as a Tree City USA by the Arbor Day Foundation.
The Western Chapter of the International Society of Arboriculture held it fi rst Western Shade Tree Conference in Santa Monica in 1934.
Street tree planting has been part of the City of Santa Monica since the development of its fi rst subdivisions. In the early 1900s, JW Scott, a prominent builder, donated funds for the planting of trees on Ocean Avenue. Other tree planting efforts included the use of eucalyptus as windbreaks to protect crops.
In 1956, the City of Santa Monica Master Plan included a fi ve-year tree planting program that resulted in the planting of thousands of street trees. That program continued with a 1962 inventory of existing street trees and recommendations to develop streetscapes on streets without trees.Since 1981, Santa Monica’s comprehensive urban forestry program has been recognized each year by Tree City USA, based on standards set by the Arbor Day Foundation for cities that have a tree board or department, a tree care ordinance, an annual urban forest budget of at least $2 per capita and an annual Arbor Day event.
Many of the street trees that exist today were planted during the postwar urban redevelopment of Santa Monica. In 1953, the City of Santa Monica began a Master Street Tree Planting Program and later the same year a Tree Code was adopted “to regulate the planting, maintenance, and removal of street trees in Santa Monica.” The Tree Code established 27 districts in the City and a list of approved trees for planting along streets throughout Santa Monica.9 The majority of Santa Monica’s current street trees were planted in the 1950s. 1961A beautifi cation committee initiated by
the Chamber of Commerce addressed the need for street trees in the Central Business District. 1987The City’s fi rst electronic
tree inventory revealed a total of 28,767 trees in Santa Monica. 2000The Millennium Tree Planting Project added 2,000 trees to the urban forest. 1982Santa Monica received its fi rst recognition as a Tree City USA by the Arbor Day Foundation. 1999The City Council adopted the Community Forest Management Plan 2000. 1962Santa Monica conducted its fi rst inventory of its trees. 12 | SANTA MONICA’S URBAN FOREST MASTER PLAN 2 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 335
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for San Vicente Boulevard in the 1950s.
San Vicente Boulevard current day.
2001A Benefi t-Cost Analysis by the US Forest Service justifi ed the budgeted allowance spent on the urban forest.
In 1987, Santa Monica began keeping an electronic tree inventory to provide data on Santa Monica’s trees and street segments that need replacement trees. The inventory helps to prioritize maintenance requirements and to establish a multi-year tree trimming schedule, both which help set long-term budget needs. The electronic inventory is an educational tool, providing information regarding tree species in any particular location. This inventory served as the foundation for the development of the Community Forest Management Plan 2000 which is in use as of the writing of this Master Plan. In Fiscal Year 1999-2000, the City Council commemorated the new millennium by providing funds to plant 2,000 public trees throughout the City. In 2001, the U.S. Forest Service’s Center for Urban Forest Research analyzed Santa Monica’s urban forest and produced a “Benefi t-Cost Analysis of Santa Monica’s Municipal Forest.” The report concluded that for every $1 Santa Monica spends on the care of its forest, the residents receive $1.62 in environmental benefi ts. The report also pointed out that “Santa Monica’s urban forest is an aging forest that is in a period of transition.” The analysis revealed the need for a long term plan that includes diversifying the number of species and ages of trees in the forest.
A HISTORY OF LOOKING TOWARD THE FUTUREIn the 1950s, the City of Santa Monica began its citywide planting program with a focus on benefi ting future generations. Below, the dramatic effects of the City’s efforts from more than 50 years ago are apparent.
The assessment of Santa Monica’s urban forest in this Master Plan is based on the 2010 inventory of the City’s public trees. It provides base-line information necessary to defi ne a plan to achieve the diversity and stability that was called for in the 2001 U.S. Forest Service analysis and it identifi es best practices for tree care that will sustain a healthy urban forest.Today’s forest is the outcome of the horticultural choices by all those who have planted trees in the City, maintained them, and studied their growth and success in the past. That knowledge is now augmented with the insights and practices of those more recently charged with the responsibility and care of the forest, including staff professionals along with input from community members. This Master Plan is developed from an understanding of the historical context of Santa Monica’s urban forest, existing forest conditions, and current best management practices that will serve as guidelines for tree care. The process to develop this Master Plan will serve as a model to be refi ned and improved on by future generations of managers of Santa Monica’s urban forest.
TO BE CONTINUED....
2009The City Council appointed the Urban Forest Master Plan Task Force. 2010An updated public tree inventory revealed a total of 33,800 trees in Santa Monica. 2010The City began a study with the US Forest Service to plant 1,000 trees and monitor their carbon sequestration for the next 100 years.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig. 1 - Continuous improvement cycle.
The Urban Forest Master Plan is supported by and reinforces City policies outlined in the elements of Santa Monica’s General Plan and in other planning documents that establish broad policies for the physical character of Santa Monica. There are separate elements of Santa Monica’s General Plan, many of which establish policies, supporting the need for a strong urban forest program. The City’s Land Use and Circulation Element (LUCE) provides policy direction for physical development throughout the community. The LUCE addresses the need to protect and systematically expand the forest through tree planting programs on city streets, in parks and other public spaces. The LUCE highlights the community’s goals for protecting neighborhood character and it recognizes the importance of the streetscape by encouraging neighborhoods to function as gathering places that feature a landscaped environment with tree-lined sidewalks. It recommends new trees for proposed residential districts through the City‘s urban forest program.The Open Space Element and Parks and Recreation Master Plan also contain policies that support the long term health and expansion of the urban forest.
The urban design philosophy of the City’s specifi c plans and the implementation of projects refl ect the many policies that impact the urban forest. The Civic Center Specifi c Plan identifi es public spaces, including tree-lined streets with landscaped parks and plazas, as key features in creating a vibrant and pedestrian-oriented urban village. The various projects to be built in and adjacent to the Civic Center include a six-acre park with groves of trees including specimen trees appropriate for this coastal climate, and the Colorado Esplanade which includes a tree lined streetscape connecting the new EXPO light rail terminus to the Santa Monica Pier and downtown. Additionally, through its goals, objectives and policies, the Historic Preservation Element recognizes that streetscapes can establish a context for historic buildings and districts, and encourages consideration of history including the protection of historic views and landscapes in designing public improvement projects. As elements of the General Plan are updated and specifi c plans and other public landscape projects are implemented, they should be guided by the principles of this Master Plan. Periodic updates of this Master Plan will ensure the progression of a continuous improvement cycle.
RELATED CITY DOCUMENTS2010 - Land Use and Circulation Element2010 - Historic Resources Inventory 2006 - Downtown Urban Design Plan2006 - Sustainable City Plan2005 - Watershed Management Plan2005 - Civic Center Specifi c Plan2002 - Historic Preservation Element1997 - Parks and Recreation Master Plan1997 - Open Space Element RELATIONSHIP TO OTHER CITY DOCUMENTS14 | SANTA MONICA’S URBAN FOREST MASTER PLAN 4 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 337
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Santa Monica Bay
Santa Monica Bay
Watershed
Ballona Creek
Watershed
S.M.
Fig 2 - Santa Monica Bay Watershed is formed by a natural divide, in this case the Santa Monica Mountains and surrounding topography, that separates one drainage area from another. A portion of the Ballona Creek Watershed is within the City of Santa Monica.
WATERSHED AND WATER QUALITYWhen looking at Santa Monica’s urban forest, it is important to look beyond the City limits and recognize the role that trees play within a regional context. The City is located within the Santa Monica Bay Watershed. Urban stormwater runoff is a major source of pollution entering local rivers and the Santa Monica Bay. Santa Monica’s urban forest helps to reduce the amount of runoff and pollutant loading into receiving waters. The trees intercept and store rainfall on their leaves and branch surfaces, thereby reducing runoff volumes and delaying the onset of surface runoff. Urban forest canopy cover also reduces soil erosion as it diminishes the impact of rainfall on bare or landscaped surfaces.
BASELINE ENVIRONMENTAL CONDITIONS
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig 3 - The topography of Santa Monica is mostly fl at, with a slope that angles down towards Ocean Avenue and towards the south. High bluffs separate the north side of the city from the beaches. Numbers show the elevations above sea level at the adjacent contour line.11 100
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TOPOGRAPHY AND SOILSThe topography of Santa Monica is generally fl at with the elevation of the City rising as it approaches its eastern boundary. The majority of Santa Monica’s elevation is higher than 100 feet above sea level and is separated from Santa Monica State Beach by the Palisades bluffs. The southwest corner of the City slopes gently to sea level and allows unimpeded access to the beach. The slope is more pronounced on the northeast side of the City where homes sit high enough to have views of the ocean.The California Department of Food and Agriculture has identifi ed three major soil types in Santa Monica, as illustrated in Figure 3:
Diablo Altamont Soils Composed of clays that overlie soft, fractured shales. These soils are well drained and have a moderate erosion potential and a high expansion potential.
Hanford Soils Tend to be sandy loams and loamy sands
on alluvial fans and plains. These soils are well drained and have low potential for expansion and erosion.
Ramona Placentia Soils Well drained with low potential for expansion and erosion. These soils are located on terraces and alluvial fans and vary from fi ne sandy loam to a fi ne sandy clay loam. 10
In coastal areas of low slope, street trees need to be able to withstand the sea winds and ocean infl uence that continuously batter them, especially when they are planted on streets perpendicular to the ocean.
City trees are planted in native soil with no additional amendments, so careful consideration of the compatibility of the tree type with the existing soil results in healthier long term tree growth. 1 1
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig. 4 - Micro-climates within the City are defi ned by the land’s topography, elevation and proximity to the ocean.
Five separate micro-climates have been identifi ed, allowing for climate appropriate species designations. This is especially useful in designating species in “tricky areas” such as the First Ocean Exposure.
I. First Ocean Exposure
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CLIMATE AND MICRO-CLIMATES Santa Monica enjoys a classic Mediterranean climate with cool ocean breezes and over 300 days of sunshine a year. Because of its location on the Santa Monica Bay, morning fog is a common phenomenon in May, June and early July. The sun usually burns the fog off in the afternoon, however it sometimes remains cloudy and cool all day, even as sunny skies and warmer temperatures are found further inland. At times, the sun shines east of 20th Street, while the beach experiences coastal fog. As a general rule, the beach temperature is fi ve to ten degrees cooler than it is inland. The highest temperatures are usually in late summer, although unseasonably warm weather can occur periodically through the winter when Santa Ana wind conditions bring the hot dry inland air to the coast.Winter rains bring over eleven inches (11”) of rain annually with an average of two inches (2”) of rain during the months of November through March and less than one-quarter inch (1/4”) of rainfall the rest of the year. Winter storms usually approach from the northwest and pass quickly through the southland. Yearly rainfall can be unpredictable as rainy years and drought years are intermittent.Most trees listed in the Sunset Western Garden Book as being suitable for coastal conditions grow well in the majority of the City. However, as seen in Figure 4, the southwestern most neighborhoods receive fi rst ocean exposure and require trees that can withstand strong winds and salt spray.
In the northernmost and easternmost edges of Santa Monica the micro-climate transitions to a warmer zone and the City can introduce trees that require more summer heat and winter chill, including trees which exhibit showy foliage.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for PCH
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Fig. 5 - This exaggerated topographical cross-section of the City shows various ecological communities that were represented in the Santa Monica area in the past. Ecological communities fl ourish naturally in specifi c locations. When a plant belonging to that ecological community is selected for its native location, it will be more likely to survive in the exposure, climate and soils of that place.
ECOLOGY, PLANT AND WILDLIFE COMMUNITIESThe City of Santa Monica is unique in that it is a coastal plain nestled between the Santa Monica Mountains to the north, the Ballona Wetlands to the south and the Pacifi c Ocean to the west.
Because of the City’s proximity to the ocean and the mountains, temperate climate and well-drained soils, a wide variety of plant communities would naturally thrive within the City limits. Figure 5 shows a topographical cross-section of the City and the related ecological communities that may have grown here in the past. Marine life, mammals, birds and insects coexisted with these plant communities creating a complex network of relationships that depended on each other for survival. Today, the City of Santa Monica is fully developed and lacks the undisturbed native habitat to support a diverse native terrestrial animal population. Due to their mobility and range of travel, birds are more abundant than other wildlife in the City12. Resident birds that are common to the area include the northern mockingbird (Mimus polyglottos), Anna’s hummingbird (Calypte anna), house fi nch (Carpodacus mexicanus), and the snowy plover (Charadrius alexandrinus).13 The City of Santa Monica is located on the Pacifi c
Flyway and is also host to migratory birds. Birds that migrate to and from Santa Monica include the white-crowned sparrow (Zonotrichia leucophrys), yellow-rumped warbler (Dendroica coronata), and the ruby crowned kinglet (Regulus calendula) in winter, and swallows such as the barn swallow (Hirundo rustica) and northern rough-winged swallow (Stelgidopteryx serripennis), and the hooded oriole (Icterus cucullatus) in spring and summer. 14 Monarch butterfl y (Danaus plexippus) winter roosting sites have been reported within open space and landscaped areas of the City, as the environmental conditions and the micro-climate in groves of trees suit the needs of the butterfl ies. Eucalyptus trees provide a nectar source and are most frequently used as wintering sites by monarchs.15 The continued observation of birds and insects, including the relationship of native plant material to benefi cial insects and other wildlife, will ensure that the resources that supply the urban forest are used wisely. Observation of new tree introductions and their contributions to the ecology of the City should also be continued. Understanding the balance of human, plant and wildlife associations is key to a healthy environment. The 150 miles of streets of the City constitute its largest open space making up twentythree percent (23%) of the City’s area.16 Thoughtful selection of trees planted in environmentally friendly infrastructure can contribute to the health of the ocean by reducing urban stormwater runoff and while improving habitat for many species that can exist in the built environment. 18 | SANTA MONICA’S URBAN FOREST MASTER PLAN 8 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 341
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Brentwood
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Fig. 6 - A freeway “mitigation corridor” can address the unique impacts created by urban freeways, including dirt and noise.
THE SANTA MONICA FREEWAYThe Santa Monica Freeway cuts through the center of the City, creating both a literal and fi gurative divide between the northern and southern neighborhoods. Access to and from the neighborhoods directly adjacent to the freeway is diffi cult and the presence of the freeway results in elevated levels of noise and air pollution.The freeway and its embankments are the property of Caltrans, and therefore tree planting does not fall under the purview of the City. However, a “mitigation corridor” supporting the planting of larger stature trees, faster growing trees, and using new technologies to install these trees in growspaces that would normally be too small for them will reduce the impacts of dirt and noise. The City’s Open Space Element encourages the establishment of a freeway forest. A recent example of the ability to accomplish this is the recent relocation of six large Ficus trees to the City-owned embankment just north of City Hall.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for The Washingtonia robusta is currently the most common tree in the City. Planting within the coastal zone is restricted by the California Coastal Commission because of its tendency to reseed.The initial phase of this Master Plan was the preparation of an inventory of approximately 33,800 public trees in 2010. Using a Geographic Information System (GIS), the locations of trees, size of growspace, canopy spread, overall health, proximity to objects, root pruning history and other characteristics were recorded. TOP 15 SPECIESData from the 2010 tree inventory indicates that Santa Monica’s urban forest is comprised of over 250 different species of trees, with the majority of the forest consisting of the 15 species identifi ed numerically in Figure 7 and graphically in Figure 8. In Figure 8, the individual colored dots represent surveyed trees and the correlating colors represent the tree species shown in the legend.
Washingtonia robusta (Mexican Fan Palm) is the most common species in Santa Monica’s urban forest. This species lines major commercial thoroughfares like Wilshire Boulevard and is also planted throughout beach neighborhoods where it thrives under harsh coastal conditions. The palm species is long lived and can reach heights in excess of 100 feet but provides very few environmental benefi ts. Also, it reseeds readily, so planting this palm within the Coastal Zone is currently banned by the California Coastal Commission.
Another heavily used species is Ficus microcarpa ‘Nitida’ (Indian Laurel Fig). This evergreen species provides signifi cant environmental benefi ts and produces year-round shade for many residential streets and the three main business districts. However, the trees drop leaves and berries and have invasive roots that tend to lift sidewalks when planted in too small of a growspace. The challenge for the City is to maximize the environmental benefi ts that the Ficus trees bring to the urban environment by planting them strategically and to minimize their nuisance potential by employing new technologies during the planting process which may help to control root growth in the future.
Fig 7 - Top 15 species - (2010) population
Washingtonia robusta
Ficus microcarpa
Magnolia grandifl ora
Phoenix canariensis
Podocarpus macrophyllus
Cinnamomum camphora
Pinus canariensis
Jacaranda mimosifolia
Cupaniopsis anacardioides
Liquidambar styracifl ua
Cedrus deodara
Merosideros excelsior
Callistemon citrinus
Melaleuca quinquinervia
Afrocarpus gracilior
DESCRIPTION OF SANTA MONICA’S URBAN FOREST20 | SANTA MONICA’S URBAN FOREST MASTER PLAN 0 | S A N
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Fig 8 - Top 15 species map. This 2010 map and all other maps in this section can be viewed at full size at the Urban Forest website (http://www.santamonicatrees.com).
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Number of city trees
Fig 9 - Growspace examples.
Fig 10 - Growspace inventory. The graph above shows the number of street trees planted in various growspace sizes and the number of “open space” trees. These trees are located at parks, beach, and cemeteries.
GROWSPACEGrowspace is defi ned as the ground level space that a tree is allotted to grow. As shown in Figure 9, growspaces range from small tree wells or narrow parkways to wide-open spaces. A key element in the success of a tree in an urban environment is its ability to expand its root mass to an appropriate size and dimension. Root confl icts with urban infrastructure are mostly due to trees being placed in a growspace that does not adequately accommodate that species as it matures. During the 2010 tree inventory process, growspace was measured for each public tree. Figure 10 shows the range of current growspace and Figure 11 shows the distribution of growspace sizes throughout the City. The northern parts of the City were originally laid out with larger lots and larger parkways, which has allowed larger tree specimens to grow there.
As seen in Figure 10, a large number of the City’s trees are planted in 3’ and 4’ growspaces. This presents a particular challenge for achieving diverse tree selection and robust canopy coverage because there are a limited number of tree species appropriate for a small growspace, which tend to be smaller statured trees. New emerging technology in tree growth management will allow larger trees to grow in confi ned locations without disrupting and displacing sidewalks or streets. These specialized products will support pedestrian and traffi c loads and provide uncompacted, engineered soil for large trees. The use of new technologies, planting methods and identifying areas available for infrastructure modifi cation (e.g., widening parkways, adding curb extensions and medians when streets are redesigned) will bring much needed tree canopy to parts of the City historically lacking large trees.
GROWSPACE EXAMPLES
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Fig 11 - Growspace sizes map. This 2010 map and all other maps in this section can be viewed at full size at the Urban Forest website (http://www.santamonicatrees.com).
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Displaced sidewalk and driveway surfaces. When trees are planted in growspaces that are too small, their root mass will eventually outgrow the space which results in hardscape damage.
Fig 12 - Frequency of Infrastructure Damage Compared to Species Population.
Total PopulationInstances of Hardscape Damage
Ficus microcarpa ‘Nitida’ Magnolia grandifl ora Pinus canariensis Cinnamomum camphora Podocarpus gracilior Podocarpus macrophyllus Liquidambar styracifl ua Cupaniosis anacardioides Brachychiton populneus Jacaranda mimosifolia RIGHT TREE FOR THE RIGHT PLACE“The right tree for the right place” is a term used in urban forestry for planting a species of tree that is appropriate for its location. The most important factor to consider when planting a tree is to make sure it has enough room to grow. Each tree species requires a certain amount of space to grow and thrive without causing damage to its surroundings. While most of Santa Monica’s trees are planted in a suitable location, many trees are growing in spaces that cannot accommodate their growing requirements. This usually results in damage to streets, sidewalks or utilities that ultimately increase maintenance costs.
Infrastructure damage was assessed as part of the 2010 tree inventory. Figure 12 above shows the species that have caused the most infrastructure damage, along with their population in the City for comparison.
The individual colored dots shown in Figure 13 represent each tree surveyed. The correlating red or green color on the map represent whether or not a particular tree is in a suitable site or if there is or will be, a potential need for future hardscape repair. 24 | SANTA MONICA’S URBAN FOREST MASTER PLAN 4 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 347
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig 13 - Right tree for the right place map. This 2010 map and all other maps in this section can be viewed at full size at the Urban Forest website (http://www.santamonicatrees.com).
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Cedars on Brentwood Terrace. Mature trees shade homes and cars, reducing the need for air-conditioning. They also reduce the heat island effect from roofs and asphalt and shade parked cars.
CANOPY COVERAGETree canopy provides shade and oxygen, which cools the City’s streets as well as homes and buildings. These contributions also create improved conditions for pedestrians. A full and healthy urban forest canopy can be an effective and effi cient means of reducing pollution, the heat island effect and the need for air-conditioning. The benefi ts have always been tangible but with new analysis software they are now quantifi able. During preparation of the City’s 2010 tree inventory, the canopy spread of each public tree was measured. Figure 14 on the next page shows individual colored dots representing each tree surveyed. The correlating colors represent the range of canopy coverage shown in the key.26 | SANTA MONICA’S URBAN FOREST MASTER PLAN 6 | S A N
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig 14 - Canopy coverage map. This 2010 map and all other maps in this section can be viewed at full size at the Urban Forest website (http://www.santamonicatrees.com).
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Figure 15 - Overall Annual Benefi ts by Individual Species. The table above measures the overall annual benefi ts from trees in regards to stormwater retention, property value increase, energy savings, air quality improvement and carbon sequestration.
The Pinus canariensis (Canary Island Pine) shown in the photo above ranks as one of the highest overall performing trees in Santa Monica’s urban forest. Large canopy trees like these alter their environment by reducing refl ected heat from asphalt which in turn cools the street. This cooling effect reduces water consumption for irrigating front yard landscapes.
Santa Monica’s 2010 tree inventory establishes baseline data for a complete analysis of its street tree population by using new software developed by the U.S. Forest Service called iTree. The analysis provides a dollar value indication of the environmental benefi ts provided by each tree. An analysis of the City’s publicly owned trees and the proposed species that will eventually be in the top 15 shows how the individual species provide cumulative benefi ts to the community.While iTree analysis provides information on the environmental performance of the entire forest, analyzing individual species provides detailed information on the performance of individual species. Figures 15 and 16 show the environmental benefi ts of the existing top 15 species and the environmental benefi ts of the proposed top 15 species.
ENVIRONMENTAL BENEFITS OF THE URBAN FOREST28 | SANTA MONICA’S URBAN FOREST MASTER PLAN 8 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 351
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig 16 - Pounds of Atmospheric Carbon Removed Annually by Individual Species. Trees in Santa Monica reduce atmospheric CO2 by directly sequestering CO2 in their woody and foliar biomass. The energy needs of homes and commercial buildings for heating and air conditioning are reduced, which in turn reduces emissions associated with generating electricity. Of the top 15species, the best performing trees are the large conifers and broadleaf evergreen trees.
Carbon sequestration is the process where carbon dioxide (CO2) is absorbed out of the atmosphere by trees through photosynthesis. The carbon is stored in tree trunks, branches, foliage and roots. Urban forests can act as a carbon sink when there are enough trees to store more carbon than is released over time. The Pinus canariensis (Canary Island Pine) seen in the photo below absorbs as much carbon as the Cedrus deodara, however it ranks higher in the tree population making it an important contributor to the environment.
Large evergreen trees like the Pinus canariensis (shown at left) and the Cedrus deodara sequester more carbon than other top 15 species.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Trees modify climate conditions and temperatures
and conserve building energy use. The shade from tree canopies cools an area and reduces the amount of heat absorbed and stored by buildings. Evapotranspiration converts liquid water to water vapor which cools air that would otherwise result in heated air from the sun.
Tree canopies slow cold winter winds thereby reducing the amount of heat loss from a home, especially where conductivity is high such as through windows or skylights. Deciduous trees play an important role in the winter when they drop their leaves and allow the sun’s radiant energy to warm the surrounding area. The Liquidambar styracifl ua (Liquidambar) is the highest ranking deciduous tree of the top 15 species in 2011 to reduce annual energy consumption.
The Liquidambar styracifl ua (Liquidambar) is the highest ranking deciduous tree of the top 15 species in 2011 to reduce annual energy consumption.
Fig 17 - Annual Savings of Kilowatt Hours of Electricity by Individual Species. The chart above shows how existing tree specieswill eventually no longer be among the top 15 species in the City’s urban forest. 30 | SANTA MONICA’S URBAN FOREST MASTER PLAN 0 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 353
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for A mature Cinnamomum camphora (Camphor), like
the one shown in the photo below, can retain over 8,000 gallons of rainfall a year and reduce energy consumption by as much as 378 kilowatt hours, as shown in Figure 17.
A mature Cinnamomum camphora (Camphor) saves 378 kilowatt hours per year.
Fig 18 - Average Gallons of Stormwater Retained Annually by Individual Species. Urban stormwater runoff signifi cantly impacts the Santa Monica Bay, and the urban forest plays an important role in reducing the amount of pollutants entering the Bay. Urban trees intercept and store rainfall on their leaves and branches thereby reducing the volume of stormwater and urban water runoff.
SANTA MONICA’S URBAN FOREST MASTER PLAN | 31 A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A N | 3 1 Chapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F4.I.a o r e s t Packet Pg. 354
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Narrow-leaved Evergreen & Deciduous. - Another combination offering seasonal variation as well as foliage contrast is the narrow-leaved evergreen and deciduous combination. This was the third most popular planting profi le.
Broad-leaved Evergreen & Deciduous. - Close behind the broad-leaved evergreen monoculture, the combination of broad-leaved evergreen and deciduous trees was second-most popular because of its seasonal variation.Broad-leaved Evergreen Monoculture. - This was the most popular choice at each community workshop. Participants liked the form,environmental benefi ts, and year round foliage of the broad-leaved evergreen monoculture.
Fig 19 - Residents were asked via a communitywide mailer whether they would prefer to see a monoculture or multiple species planted on their street. A majority of people who responded to the survey said they would prefer a monoculture.
Fig 20 - At the 2010 community workshops, the participants were asked to indicate their preference for tree patterns from a group of over 25 possibilities.
Monoculture
Multiple species
Number of Respondents
Community outreach for the Urban Forest Master Plan was done in two stages. The fi rst stage occurred in 2010 before any proposed street tree designations were made, and consisted of online and mailed-in surveys as well as resident input at community workshops. This fi rst stage was used to understand the general feelings from the residents toward the current urban forest and to help them describe the qualities and characteristics that they liked and disliked in potential new tree species. Survey results identifi ed environmental benefi ts, aesthetics and neighborhood character as very important qualities of Santa Monica’s urban forest. When it came to tree characteristics within the urban forest, large canopy, evergreen and fl owering trees were preferred by residents. When asked specifi cally about the importance of street trees, environmental benefi ts and aesthetics were very important as well as shade and neighborhood character.
COMMUNITY VIEWS OF THE URBAN FOREST32 | SANTA MONICA’S URBAN FOREST MASTER PLAN 2 | S A N
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Fig 21 - Survey respondents were asked what their
favorite street tree was.
Fig 22 - Survey respondents were asked specifi cally what type of tree they would like to have in front of their house. Flowering trees (like the jacaranda and magnolia), evergreens and deciduous trees with fall color got high marks. In contrast, conifers, deciduous trees without fall color, and palms were preferred by fewer residents.
Palm Jacaranda Southern Magnolia Pine Indian Laurel FigMaple Coral Tree American Sweetgum Oak Eucalyptus Flowering tree Evergreen Deciduous with fall color Coniferous Deciduous without fall color Palm SANTA MONICA’S URBAN FOREST MASTER PLAN | 33 A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A N | 3 3 Chapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F4.I.a o r e s t Packet Pg. 356
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for General tree debris
Berries
Root infrastructure confl ict
Not enough trees on block
Would prefer different species
Not enough shade
Not mature enough
Overgrown
Sticky fl owers
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Pine cones
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Figs 23-25 - Qualitative questions helped to weigh potential benefi ts and drawbacks of trees when the Master Plan process moved into specifi c street tree designations. Figure 23 shows which potential tree benefi ts the respondents of Santa Monica value most.
Survey respondents were asked to weigh positive and negative tree aspects. All potential trees have good and bad qualities, so it was important for the City to know if certain benefi ts were more important than others to residents (Figure 24), and whether they could live with some drawbacks more easily than others (Figure 25).
Fig 25 - Survey participants were asked what they disliked about trees on their block.
Fig 23 - Survey participants were asked how important the following tree benefi ts are to them.
Very ImportantSomewhat ImportantNot So ImportantUnimportant 200
150
100
50 0
Aesthetics Environmental Benefi ts Shade Characterizes Street/NeighborhoodEnhanced Property Values Traffi c Calming Measures Enhanced Shopping Experience Fig 24 - Survey participants were asked what they liked about trees on their block.
Shade
Aesthetics
Maturity
Color
Provides habitat
Flowers
Dampens street noise
Specifi c species
Small size
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34 | SANTA MONICA’S URBAN FOREST MASTER PLAN 4 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 357
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FAVORITE TREE LINED STREETS OF SANTA MONICA:
THE COMMUNITY PARTICULARLY LIKED THESE STREETS BECAUSE OF THE TREES Moreton Bay Figs on La Mesa Drive. Ficus on Montana Avenue.
Ficus on 4th Street. Magnolias on 11th Street.
Coral trees on San Vicente Boulevard. Pines and Palms on Ocean Avenue.
COMMON COMMUNITY CONCERNSAestheticsSustainabilityWater ConservationPromoting Organized DiversityUtilizing Native SpeciesEnhancing a Walkable CityEnhancing Public Transportation StopsExpanding Growspace & ParkwaysSize of Newly Planted TreesPruning/MaintenanceFruit Trees/Public OrchardsCreating an Urban Forest Advisory BodyPublic Outreach and Communication Community input ranged from broad ideas to specifi c policies, which are expressed in the Master Plan. During the community workshops, residents were asked to share additional concerns they felt had not been brought up in the surveys. The topics that workshop participants brought up most often are listed above as common community concerns. All data collected from the surveys and workshops was brought back to the Urban Forest Master Plan Task Force’s Species Selection Subcommittee to aid in their decision making concerning the proposed species selection for each street segment in the City.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for The second stage of community outreach.
The second stage of community outreach occurred in 2011 after preliminary street tree designations were proposed. To ensure effective outreach, every Santa Monica household received a postcard directing them to the urban forest website, where the name and photo of all proposed street tree designations were listed and broken down into 394 street segments. Hard copies were also available upon request at the public libraries. Residents were then invited to comment via the internet or telephone about the individual tree designations, and to attend two community meetings scheduled to gather more feedback from the community.Community interest in the designated trees was very high. The City staff received over 800 comments, positive and negative, and over 100 people attended the two community meetings to personally voice their desires and concerns.
After the community feedback period, the Species Selection Subcommittee met again to make revisions to the recommendations list based on the comments that the City received. Community feedback resulted in changes to 69 street segments. After the Urban Forest Master Plan Task Force discussion on October 5, 2011, changes were made to the proposed list in response to public input. 36 | SANTA MONICA’S URBAN FOREST MASTER PLAN 6 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A NChapter 1 - Background of the Urban Forest h a p t e r 1 - B a c k g r o u n d o f t h e U r b a n F o r e s t 4.I.a Packet Pg. 359
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for
FOOTNOTES
1. Helms, John A., ed. The Dictionary of Forestry (Bethesda, Md.: Society of American Foresters, 1998).2. Schwab, James C., ed. Planning the Urban Forest: Ecology, Economy, and Community Development (Chicago, Il: American Planning Association, 2009), p. 3.3. McCawley, William. The First Angelinos-The Gabrielino Indians of Los Angeles (Banning, CA: Malki Museum Press, 1996), p. 268.4. PCR Services Corporation for the City of Santa Monica. City of Santa Monica Historic Preservation Element (Santa Monica, CA, 2002), p. 10-11.5. Basten, Fred E. An Illustrated Guide to the Legendary Trees of Santa Monica Bay (Santa Monica, CA: Graphics Press, 1980), introduction. 6. Santos, Robert L. The Eucalyptus of California (Denair, CA: Alley-Cass Publications, 1997), p. 5.7. Kinney, Abbot. Eucalyptus (Los Angeles, CA: B. R. Baumgardt & Co., 1995), p. 35-36, 80, 89-90, 109.8. Ingersoll, Luther A. Ingersoll’s Century History, Santa Monica Bay Cities (Luther A. Ingersoll, Los Angeles, CA, 1908) p. 254. 9. PCR Services Corporation for the City of Santa Monica. “Supplemental Information Memorandum”, Jan 11, 2008. 10. City of Santa Monica Planning and Community Development Department. Land Use and Circulation Element Environmental Impact Report, Volume I: Draft EIR (Santa Monica, CA 2010), p. 4.5-2.
11. City of Santa Monica Planning and Community Development Department, Land Use and Circulation Element Environmental Impact Report, Volume I: Draft EIR (Santa Monica, CA 2010), p. 4.5-1.
12. City of Santa Monica Planning and Community Development Department, Land Use and Circulation Element Environmental Impact Report, Volume I: Draft EIR (Santa Monica, CA 2010), p. 4.3-3.
13. Cooper, Daniel S. (President, Cooper Ecological Monitoring, Inc., Formerly with Audubon California) Email correspondence October 20, 2011.14. Cooper, Daniel S. (President, Cooper Ecological Monitoring, Inc., Formerly with Audubon California) Email correspondence October 20, 2011.15. City of Santa Monica Planning and Community Development Department, Land Use and Circulation Element Environmental Impact Report Volume I: Draft EIR (Santa Monica, CA 2010), p. 4.3-10-11.
16. Roma Design Group for City of Santa Monica, Open Space Element (City of Santa Monica 1997), p. 19.
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DEVELOPING POLICY AND STANDARDS FROM
THE GUIDING PRINCIPLESThe vision for the urban forest is refi ned in Chapter 2 through Guiding Principles, Goals and Strategies. Standards and criteria appear in the appendices and serve as management tools to implement specifi c goals and strategies. In order to construct policy that is in line with the Urban Forest Master Plan‘s Guiding Principles, corresponding goals were developed. The written goals express a desired result and establish a purpose but are not necessarily quantifi able and measurable. Goals provide opportunities for continuous improvement and fl exibility in the future. Strategies identifi ed from each goal are more specifi c and measurable and can be used to evaluate the implementation of goals in this Master Plan at any point in time. As the urban forest continues to evolve, new strategies that develop will be incorporated as part of this living Master Plan.
Chapter 2 - Guiding Principles h a p t e r 2 - G u i d i n g P r i n c i p l e sGUIDING PRINCIPLES40 | SANTA MONICA’S URBAN FOREST MASTER PLAN 0 | S A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A N
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Chapter 2 - Guiding Principles h a p t e r 2 - G u i d i n g P r i n c i p l e s THE URBAN FOREST AND ITS ENVIRONMENTThe urban forest heightens the quality of the City’s environment.
UNDERSTANDING THE URBAN FORESTPublic awareness of the benefi ts that an urban forest provides is crucial to its vitality.
ECONOMICS OF THE URBAN FORESTThe urban forest needs equitable budget levels consistent with its value to the City.
COLLABORATING ON THE MANAGEMENT OF THE URBAN FORESTCollaboration between and communication with the community and all City departments whose work affects the urban forest is critical.
SUSTAINABLE MANAGEMENT OF THE URBAN FORESTThe urban forest will thrive through persistent attention to its management.
ENHANCING AND PRESERVING THE URBAN FORESTThe future of the forest begins now. With conscientious foresight, it can evolve into an even greater treasure.
THE URBAN FOREST MASTER PLAN TASK FORCE CREATED GUIDING PRINCIPLES FOR THE 2011 MASTER PLAN TO ESTABLISH ITS OVERALL VISION.
GROUPED TOGETHER, THESE PRINCIPLES PROVIDE THE FRAMEWORK FOR THE GOALS AND STRATEGIES OF THE MASTER PLAN.
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GUIDING PRINCIPLE GOAL
1. THE URBAN FOREST AND ITS ENVIRONMENT
1. THE URBAN FOREST AND ITS ENVIRONMENTThe Urban Forest is a living element of the City that contributes to the quality of life and surrounding environment. The City’s public trees, found throughout the various neighborhoods and parks, offset the impact of the built environment and provide residents and visitors healthy and pleasant places for recreation and social interaction while providing habitat for urban wildlife. A healthy and functioning urban forest is a hallmark of a world class sustainable city.
To enhance the understanding of the ecosystem services provided by the City’s urban forest. These services encompass stormwater management, mitigation of the urban heat island eff ect, reduction of air pollution, erosion control, storage and sequestration of carbon, and the provision of human and wildlife habitat. To assess and report on the progress regarding the sustainability and environmental benefi ts gained from the urban forest.
SUSTAINABLE FOREST MANAGEMENT“A dynamic and evolving concept, aims to maintain and enhance the economic, social and environmental value of all types of forests, for the bene fi t of present and future
generations.” - United Nations Forum on Forests
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STRATEGIES
1.REPORTING ON THE STRATEGIC MANAGEMENT OF THE URBAN FORESTThe Public Landscape Division will adjust the methodology for establishing periodic evaluations of publicly owned trees to assess progress in achieving environmental performance goals. Based on records kept by the Public Landscape Division, the following reports will be submitted annually to the Urban Forest Task Force and with the City’s biennial budget on the publicly owned urban forest: • Number of trees in the urban forest• Number of trees planted annually• Number of trees pruned annually• Number of trees removed annually• Number of young tree care visits• Number of tree emergencies• Number of tree-related Government Outreach requests2. REPORTING ON PERFORMANCE AND SUSTAINABILITY OF THE URBAN FORESTThe Public Landscape Division will adjust the methodology for establishing additional periodic evaluations to assess progress in achieving a sustainable and highly functioning urban forest. Each time the opportunity presents itself, the City will work with the US Forest Service to conduct a benefi t-cost analysis of the urban forest. Also, the Urban Forest Task Force will continually evaluate the effectiveness of the goals and strategies of the Master Plan including the Street Tree Designations List, the effectiveness of the public tree removal appeals process and the effectiveness of the public review process for tree relocations and removals in City public improvement projects. The Public Landscape Division will prepare and make available to the community the following reports in an effort to measure and record sustainability metrics and environmental benefi ts of the urban forest:
• Urban Tree Canopy (UTC) percentage across differing land-uses. UTC will be reassessed every ten years.
• Ecosystem services provided by the urban forest including energy savings, reduction of stormwater runoff, air quality improvements, aesthetic benefi ts and carbon sequestration. Quantifi ed ecosystem services will be reassessed every fi ve years.
• Young tree mortality to understand the success rate of new plantings.
Young tree mortality rates will be assessed every fi ve years. • Street tree stocking level to determine the proportion of existing street trees to the total number of potential street trees. Street tree stocking will be reported on annually. • Species diversity will be reported on annually.• Net tree gain or loss will be reported on annually. • Ratio of deciduous to evergreen trees, native to exotic species, and medium to low water demand trees will be reported on annually.
3. PUBLIC ADVISORY BODYThe Urban Forest Task Force will continually evaluate the implementation and effectiveness of the Urban Forest Master Plan.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for
GUIDING PRINCIPLE GOAL
2. UNDERSTANDING THE URBAN FORESTThe public will become better aware of the urban forest if there is a general understanding of its value and the benefi ts it provides. To that end, an ongoing public education process appropriately tailored to different age levels is essential.
To ensure that residents, business owners and merchants are aware of the benefi ts trees off er the community and that residents, property owners, architects, engineers, planners, developers, and landscape and tree contractors are familiar with current industry standards and Best Management Practices (BMPs) for tree planting and tree care. To also ensure that residents are included as stakeholders in decision making.
2. UNDERSTANDING THE URBAN FOREST
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for
STRATEGIES
1. PUBLIC EDUCATIONThe City will develop an effective marketing campaign to raise awareness of the urban forest within a wide audience. Educational efforts will be targeted, informative and proactive. The City will do the following as part of this campaign: • Conduct periodic public workshops on tree care.• Provide residents with information that is specifi c to the newly planted street trees adjacent to their homes and their care.
• Provide public information on current industry standards and BMPs for tree management and the City’s Municipal Code governing public trees. • Include information regarding current industry standards and BMPs for tree preservation in City publications related to private development that impact the urban forest. • Develop tree care programming for CityTV and other current media outlets.• Strategically utilize social media in disseminating information about the urban forest and its care.
• Make the street tree inventory available online through the City’s Open Data Portal.
• Initiate a periodic Seascape column focused on the urban forest and topics relating to tree care and benefi ts from trees.
• Biennially evaluate outreach method effi cacy and adjust methods as necessary.
• Create educational programs about the urban forest for youth.
2. OUTREACH TO RESIDENTS AND BUSINESSES IN SANTA MONICAThe City will make a targeted effort to educate residents, landscape contractors, tree care contractors, landscape architects, architects, developers, and real estate agents who work in Santa Monica on the City’s urban forest policies, and the penalties for not adhering to them. The public education program will clarify the responsibilities of the City and adjacent residents and merchants on the care of newly planted street trees.3. HERITAGE TREES • The Heritage Tree program will be implemented and overseen by the Public Landscape Division with input from the Urban Forest Task Force. The program will defi ne the process for the nomination and designation of public trees. It will also defi ne the means by which they will be recognized and used to raise community awareness about their exceptional characteristics and contributions to Santa Monica’s urban environment. This designation will not include regulatory restrictions and will not be governed by the Landmarks Ordinance but will emphasize educating the community through creative educational outreach strategies. The defi nition of, and the criteria for a public Heritage Tree may include but is not limited to:
• Trees that represent specimens that are particularly rare in the Los Angeles basin and are of considerable size and age.
• Trees that possess unique characteristics or special signifi cance.• Trees that are of a signifi cant size and/or make a signifi cant and outstanding aesthetic impact on the setting and are exceptional specimens in good condition and health. • Trees that give special signifi cance to a historic building or district because of their age.
4. COMMUNITY TREE PLANTING The City will continue to celebrate Arbor Day each year and provide the opportunity for community participation in tree plantings. Involvement in such activities will cause members of the community to gain an appreciation for the urban forest of tomorrow and take an active role in creating the forest’s green legacy. In addition, the City will integrate community awareness activities into City events as appropriate. The Public Landscape Division will coordinate these activities.5. OTHER AGENCIESThe City will promote cooperative relationships with the Santa Monica-Malibu Unifi ed School District, Santa Monica College and other agencies located in Santa Monica to promote urban forest awareness and the contribution it makes to the community. In addition, the City will share tree planting opportunities with these institutions that will include educational programs for youth.
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for
3. ECONOMICS OF THE URBAN FOREST
3. ECONOMICS OF THE URBAN FORESTThe urban forest is a capital asset of the City valued at well over $155 million. Furthermore, according to a 2015 assessment by the United States Forest Service, it annually delivers $5.1 million of ecosystem services. It is the only element of the City’s infrastructure that actually increases in value as it ages. The value of each tree was calculated based on the 2016 tree inventory data, the total number of trees, average size, replacement value and an average rating value for species, condition, and location. These average numbers were entered into a formula to give the average tree value. The number was then multiplied by the total number of trees inventoried and gives an estimated value of the forest.A healthy and aesthetically pleasing urban forest enhances tourism, business and property values. Stable City funding levels should be provided to sustain the maintenance and development of this important community asset. Contingent upon available funding, the City’s budget should ensure consistent maintenance and annual renewal of the forest. Supplemental fundraising efforts could also be intensifi ed to complement the City’s efforts. Management of the urban forest should be fi scally responsible to maximize the benefi ts of this City asset while taking into account its sustainability.
To achieve suffi cient fi nancial resources to enhance and preserve the urban forest, and to raise awareness of its economic importance.
GUIDING PRINCIPLE GOAL
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1. CITY FUNDING
As part of the City’s ongoing budget process and contingent upon available funding, the City will approve adequate capital and operating funds to ensure a healthy and diverse urban forest. The funds will be suffi cient to accomplish the following:• Provide for adequate annual maintenance of publicly owned trees dependent upon species, age, class and location.
• Support street tree planting in order to fi ll all vacancies within a fi ve-year period while replacing those trees removed to achieve a 100% stocking level. Once achieved, planting will be sustained at the rate necessary to maintain a 100% stocking of street trees. • Provide for park tree planting at a level that will maintain or enhance an appropriate percentage of Urban Tree Canopy (UTC) in City parks. • Support the use of qualifi ed independent consultants as needed. • Provide ongoing marketing support to ensure there is widespread awareness and education about the urban forest and its care.
2. EXTERNAL FUNDINGThe City will make all efforts to identify and obtain external sources of funding to support the goals and strategies of the Master Plan, including the following:• Grants from county, state, and federal sources to extend tree planting and infrastructure improvements.
• The City’s Give Santa Monica program, providing opportunities for members of the public to make donations for the planting and care of new public trees. • Fundraising by interested residents or non-profi t groups to supplement City funds.
STRATEGIES
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4. COLLABORATING ON URBAN FOREST MANAGEMENT
4. COLLABORATING ON URBAN FOREST MANAGEMENTThe urban forest may be impacted by multiple factors, including both public and private work activities, on any given day. There must be a collaborative process in place where urban forest staff communicate effectively with other city departments, private contractors, developers, property owners, local businesses and utility providers on proposed work that may impact publicly owned trees. The collaborative process should aim to preserve and enhance the urban forest, rather than diminish its value, during development and maintenance activities. When development plans for private projects are reviewed by the City, special attention must be provided to existing public trees impacted by the proposed project and the potential for adding new public trees. A collaborative process must be in place to protect and preserve existing trees that are to be retained, and to support the planting of new trees where appropriate.On large private development projects, the process should include opportunities for community input during the design phase. To further support these efforts, architects, developers and real estate companies should receive clear guidelines stating the City’s requirements in regard to trees and tree care. The Urban Forest Master Plan will act as a centralized reference.
Maintain an inter-departmental process to review all development plans, to ensure appropriate public tree preservation, identifi cation and exploitation of new planting opportunities and optimum tree care in compliance with current industry standards. Additionally, to ensure that City staff and contractors impacting public trees are familiar with and are following current industry standards and Best Management Practices (BMPs) in the selection, planting, and maintenance of public trees.
GUIDING PRINCIPLE GOAL
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1. INTERNAL COLLABORATION
The Public Landscape Division will involve the staff of the Planning and Community Development and Public Works Departments in implementing the policies of the Urban Forest Master Plan. Ongoing interdepartmental communication will ensure a heightened focus on actions that preserve and enhance the urban forest. City departments will receive the following support from the Public Landscape Division: • Plan review and the provision of technical advice on both public and private development projects.
• Training on current industry standards and BMPs for other city departments as deemed appropriate.
• Provision and regular updating of clear guidelines, specifi cations and details for all types of tree care.
• Sharing of tree pruning and tree planting schedules in an effort to coordinate routine maintenance projects between departments and prevent confl icting schedules.
2. COORDINATION WITH PRIVATE ENTITIES The City will include requirements for the development of adequate parkway infrastructure and the planting of public trees as part of private development by implementing the following:• Inclusion of the Public Landscape Division staff in the interdepartmental PreSubmittal Review process for all public and private development projects. • Inclusion of the Public Landscape Division staff in interdepartmental planning for projects seeking development agreements to ensure that “green streets” and enhanced parkway tree planting and soil volume enhancements are considered for inclusion as a public benefi t. • Working with the Architectural Review Board to ensure that development projects under its purview do not negatively impact public trees, through collaboration with the Public Landscape Division. • Exploration on the feasibility of the Public Landscape Division staff to review tree care contractor bid documents in advance of building permit issuance for consistency with current industry standards and BMPs for tree care.
3. PARKWAY MANAGEMENT GUIDELINESThe management and design of parkways have a signifi cant impact on a high proportion of the City’s urban forest. Santa Monica has voluntary guidelines to educate residents regarding planting and maintaining the parkway that include information on climate-appropriate plant materials, irrigation, mulch, grading, access and visibility. The correct management of the parkway, coupled with the appropriate selection of plants with similar requirements will positively contribute to the health of street trees. The City will review these guidelines periodically to ensure they support the urban forest and will make the guidelines part of the education and marketing efforts. The Parkway Landscaping Guidelines are outlined in the appendices.4. COMMUNITY AND NEIGHBORHOOD COLLABORATIONIn addition to the Public Landscape Division working collaboratively with the Urban Forest Task Force, presentations will also be regularly made to neighborhood groups on urban forest management and challenges. Tree species selected for planting on street segments or within parks within these neighborhoods will be detailed and discussed.5. SCHOOL DISTRICT COLLABORATIONThe Public Landscape Division may initiate tree planting activities in the schools for Arbor Day. Additional educational activities may be conducted at other times throughout the year to promote the benefi ts of trees. By involving youth and the general public in Arbor Day activities and other community events, they will gain an appreciation for the urban forest.
STRATEGIES
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5. SUSTAINABLE MANAGEMENT OF THE URBAN FOREST
5. SUSTAINABLE MANAGEMENT OF THE URBAN FORESTThe urban forest includes all public trees, and this important resource should be protected and sustainably managed for both present and future generations. Urban forest sustainable management includes: • Data management and analysis of relevant urban forest metrics • Research-based decision making • Adherence to current industry standards for tree care, tree planting and tree preservation
• Strict criteria for the removal of public trees• Appropriate industry recognized tree valuation to provide for necessary mitigation planting to maintain UTC after public tree removal or loss through an accident or vandalism To sustainably manage the City’s publicly owned urban forest in a fi scally responsible manner and to maximize its potential in delivering ecosystem services to the community.
GUIDING PRINCIPLE GOAL
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1. LEGALLY PROTECT PUBLIC TREES
The Santa Monica Tree Code (7.40) protects trees on public property within the city. The Tree Code states the public’s obligation to obtain a permit to plant, remove or maintain any public tree; outlines intentional damage to public trees; and enforces protection of public trees throughout construction activity. Any person(s) who violate any provision of the Tree Code shall be subject to criminal penalty, civil action, and/or other remedies or penalties by law.The City will encourage the reporting of illegal tree work and vandalism through public outreach, education and local media. The Public Landscape Division will actively pursue enforcement of the Tree Code as necessary to protect the urban forest.2. STRICTLY ADHERE TO CURRENT INDUSTRY STANDARDS AND BEST MANAGEMENT PRACTICES (BMPs) FOR TREE MANAGEMENTThe Public Landscape Division is responsible for the management of the City’s publicly owned urban forest. Current industry standards and BMPs will be referenced and specifi ed in contracts, planning documents, permits and any other documentation pertaining to public trees. These industry standards and BMPs include, but are not limited to:• American National Standards Institute (ANSI) A300 - American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices • ANSI Z60.1 - American Standard for Nursery Stock• International Society of Arboriculture (ISA) Best Management Practice Companion Publications to ANSI A300
3. TREE INVENTORYThe Public Landscape Division will maintain a comprehensive GIS-based inventory of all public trees in the City’s urban forest. Data on public trees will be made available through the City’s Open Access Portal. The tree inventory will be continually updated with tree work records. These work records will include prunings, removals and plantings. A comprehensive fi eld survey and update of the database will be performed every seven years if deemed necessary to keep the data accurate.
4. ANNUAL URBAN FOREST PRUNING & PLANTING PROGRAMEach fi scal year the Public Landscape Division will publish an urban forest work plan detailing the tree pruning and planting schedule for the next 12 months. Additionally, the work plan will be presented to the Urban Forest Task Force for review during the fi rst meeting of the fi scal year.The urban forest tree pruning program cyclically inspects and prunes trees based on species, location and maintenance requirements. The Public Landscape Division will inspect those trees scheduled for pruning during the current year and take appropriate steps to: • Manage and enhance the tree resource• Mitigate infrastructure confl icts• Responsibly manage riskStreet tree planting will be prioritized based on three key factors:• Urban forest tree population dynamics• Environmental need• Human need5. RISK MANAGEMENT PROGRAMEvery public tree in the City is inspected once a year as part of a Tree Risk Management Program implemented in July 2015. Two assessors with ISA Tree Risk Assessors (TRAQ) qualifi cations identify tree work and generate work orders. The City’s Tree Risk Management Program will follow the guidelines and protocols presented by current industry standards and BMPs including:• American National Standards Institute (ANSI) A300 Part 9: - American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices • International Society of Arboriculture (ISA) Best Management Practice Companion Publications to ANSI A300 (Part 9)
Further information on the City’s tree protection during construction
STRATEGIES
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5. SUSTAINABLE MANAGEMENT OF THE URBAN FOREST
requirements are provided in the appendices.6. MANDATORY TREE PROTECTION DURING CONSTRUCTIONAll public trees will be protected and preserved when impacted by construction activities. This is necessary because the movement of building materials onto construction sites, the use of heavy building equipment, grading and/or trenching for underground utilities can cause irreparable physical damage to any adjacent public trees, both above and below ground, and their associated soil resource. The City mandates that, during the demolition or construction phase of a development project, a Tree Protection Zone (TPZ) is established around all public trees prior to the commencement of such activities. The management of public trees impacted by construction or demolition will follow current industry standards and BMPs including:• American National Standards Institute (ANSI) A300 Part 5: - American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction) • International Society of Arboriculture (ISA) Best Management Practice Companion Publications to ANSI A300 (Part 5)
7. PUBLIC TREE REMOVAL, COMMUNITY NOTIFICATION AND APPEALSThe City of Santa Monica’s Municipal Tree Code (Chapter 7.40) defi nes that the Director of Public Works has the duty to oversee public tree removals. The City’s public trees will only be removed if they meet any of the following criteria: • Tree is dead• Tree is dying and the severe decline cannot be reasonably reversed• Tree presents an unreasonable structural failure risk that cannot be reasonably mitigated
• Tree is in an unavoidable confl ict with a construction project that cannot be mitigated through design and restitution planting can be performed to mitigate its loss based on the City’s tree valuation protocol Except in emergency situations involving imminent tree failure with potential for harm to life and property, the City will publicize a notice of intended public tree removals at least ten (10) working days in advance of the removal date by: • Attaching a notice to the actual tree to be removed• Publishing a notice online detailing the public trees listed for removal
• Distributing a notice to the Public Landscape Division’s urban forest contact list
The notice will include the reason for the intended removal and provide community members with an opportunity to provide comment or ask questions of Public Landscape Division staff. Additionally, the decision to remove a public tree can be appealed to the Urban Forest Task Force. The same appeal process also applies when a request to remove a public tree has been denied by the Public Landscape Division. The Urban Forest Task Force will hear the appeal at the next available bi-monthly Task Force meeting. Based on the hearing and with input from City staff, the Urban Forest Task Force will make a recommendation on the tree to the Director of Public Works, who will then communicate their decision in writing to the appellant within 30 days.Public trees removed in compliance with the removal criteria with a diameter of fi ve inches (5”) or less, at a height of four feet and six inches (4’6”) from ground level, will be exempt from the noticing requirement detailed above.Further information on the City’s tree removal criteria and the tree removal appeal process is outlined in the appendices.
8. TREE VALUATION PROTOCOL
STRATEGIES
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Tree valuation is a vital component of sustainable urban forest management as it ensures the UTC is not negatively impacted by healthy tree loss. If a healthy public tree is removed or destroyed, its loss will be accounted for by suffi cient levels of replacement tree planting. Often, a replacement tree of a similar size as the one removed or destroyed cannot be planted as it would be impractical and/or cost prohibitive. As a result, the Council of Tree & Landscape Appraisers have suggested a number of recognized methodologies for valuing trees. Their Trunk Formula Method calculates the number of standard sized new trees needed to replace a larger tree. As part of the valuation process, the methodology takes into account:• Tree size• Tree species• Tree condition• Tree locationThe methodology is therefore comprehensive and detailed in determining the number of replacement trees required to mitigate the UTC loss of a larger tree. Additional information on how the City of Santa Monica uses this tree valuation methodology is available in the appendices.9. PROTECTION OF URBAN WILDLIFEThe protection of urban wildlife is critical and required through the Migratory Bird Treaty Act and the Endangered Species Act. Urban forest management operations will be performed in a manner to avoid disturbing urban wildlife. City and contractor staff will be trained in inspecting for and protecting urban wildlife prior to performing tree work. Trees containing urban wildlife will not be scheduled for work until the end of the breeding/nesting season or such time as the work will not disturb urban wildlife. The only exception to this is when public safety is threatened; in such cases, local subject experts will be consulted to assist in minimizing the impact to urban wildlife.10. NEW TECHNOLOGIES, RESEARCH AND DATA ANALYTICSThe Public Landscape Division will keep abreast of current research and implement new technologies where practical for the tree care industry that can benefi t the urban forest. Administrative data on urban forest metrics will be regularly reviewed to improve understanding of the function and health of the urban forest and its interaction with the community. Strategic planning, operations and budgeting will use data to inform and drive the decision-making process.
11. PUBLIC TREES AND CITY PUBLIC PROJECTSThe City will incorporate existing healthy trees in the design of City public improvement projects, wherever consistent with the project’s design objectives and after a community design process where proposed tree relocations and removals are identifi ed. The City Planning Department, Architecture Services Division, Civil Engineering Division, and other applicable City operations that affect the wellbeing of trees, will work in consultation with the Urban Forester to formulate initial recommendations. Where tree removal is included as part of the proposed design, the City will consider relocation of trees with good survival prospects. If relocation is not feasible, replacement mitigation tree planting in accordance with the City’s tree valuation protocol will be built into the project scope to offset the UTC loss. In addition to design illustrations, a proposed Tree Relocation and Removal Plan (the Plan) will be presented at project community design workshops and the information made available to the general public through the use of communication strategies such as project websites, project e-blasts, and press releases to the local media and via the Urban Forest email distribution lists. The proposed Plan will be included in the project design submittals to the required advisory and regulatory review bodies and will also be included in project staff reports and design presentations to the City Council at the appropriate stages of the project. The Plan will clearly state the trees to be impacted and the reasons for the proposed removals or relocations. If, during the design process, there are proposed changes to the Plan as the overall design evolves and becomes more specifi c, including resident input, these changes will be clearly noted in a revised Plan for review by the public and the other review bodies. The fi nal tree relocation, tree removal and replacement SANTA MONICA’S URBAN FOREST MASTER PLAN | 53 A
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5. SUSTAINABLE MANAGEMENT OF THE URBAN FOREST
planting plan will be approved by the City Council as part of the project’s fi nal project design and is not subject to the tree removal appeal process outlined in the appendices.Additional information on the City’s tree valuation protocol can found in the appendices.12. LANDMARKS AND HISTORIC DISTRICTSIn the case of street tree designations adjacent to currently designated landmarks or within currently designated historic districts, City staff will consult with the Species Selection Subcommittee of the Urban Forest Task Force for their recommendations. Staff may also confer with the Landmarks Commission in an advisory capacity to address contextual issues prior to selecting replacement species.The Director of Public Works will review and must approve any modifi cations to species specifi ed in the Urban Forest Master Plan’s street tree designations due to landmarked properties or designated historic districts.
13. UPDATING THE APPENDICES OF THE URBAN FOREST MASTER PLANThe fi rst two chapters of the Urban Forest Master Plan defi ne the urban forest and the City’s strategic goals for managing this important resource. The Master Plan’s appendices detail urban forest operational procedures, street and park tree species designations and protocols to achieve these strategic goals. The fl exibility to modify these procedures, designations and protocols, due to environmental change, operational challenges or new research, is essential in maintaining an optimal and sustainable urban forest program. Therefore, the content of the appendices may be modifi ed by City staff if approved by the Urban Forest Task Force after review at a public meeting. However, updating of the Master Plan’s fi rst two chapters will require approval by City Council.
STRATEGIES
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GUIDING PRINCIPLE GOAL
6. ENHANCING AND PRESERVING THE URBAN FORESTThe urban forest is in a constant state of change. This Master Plan considers the life cycle of the urban forest and recognizes that it is a dynamic, natural system. This Master Plan will retain fl exibility for addressing the inevitable growth and decline of the City’s trees. The enhancement of the urban forest and its sustainability enables the City to enjoy a highly functioning, healthy and low risk urban forest that provides a myriad of ecosystem services and benefi ts to the community. Optimizing and enhancing the City’s total urban forest biomass is also of primary importance in achieving the City’s sustainability goals. The Master Plan promotes creating a maximally functional urban forest, by increasing both current total canopy coverage and total biomass. Canopy coverage in Santa Monica neighborhoods varies greatly, depending on parkway size. The strategies of this plan ensure the maximum feasible urban forest biomass on every street, given the specifi c conditions and limitations of each site, and recommends increasing parkway size where feasible to improve canopy equity in the City.Trees should be a primary consideration in the City’s planning process. Future development in the City should require adequate space for public trees that will produce the desired canopy coverage. When urban forest enhancement is in confl ict with other goals, tree loss should be balanced with appropriate levels of replacement planting in the locality based on the City’s tree valuation protocol. This will minimize the impact of tree loss in a neighborhood and thus mitigate UTC loss. Factors that should be considered in planning development include: the site, economic constraints, how existing and replacement species fi t into the streetscape and the neighborhood character, the life span and condition of existing trees, their historic context and related environmental benefi ts.Species diversity is vital in achieving overall urban forest health and adds resilience to the urban landscape. The Master Plan will strategically plan to increase species diversity so that the urban forest is not unduly affected should one or more individual species suffer due to pathogens or environmental stress. .
6. ENHANCING AND PRESERVING THE URBAN FOREST
To enhance the urban forest by expanding canopy coverage and species diversity throughout the City. 56 | SANTA MONICA’S URBAN FOREST MASTER PLAN 6 | S A
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for
STRATEGIES
1. INCREASE URBAN TREE CANOPYThe City of Santa Monica’s UTC was estimated as being 15% in 2001. An updated UTC assessment will be completed in 2017. The Public Landscape Division will endeavor to increase UTC by 5% in 10 years over parkland and over City streets. The street tree stocking level was estimated to be 96% in 2001 but has now dropped to roughly 93% in 2016. This is most likely due to an aging urban forest, historically insuffi cient tree planting and the impact of environmental stress such as drought and disease. Therefore, the Public Landscape Division will strive to fully stock 100% of the potential locations for street trees through escalating tree planting efforts and improved preservation of existing trees. 2. SPECIES DIVERSITYIn the City’s urban forest, no genus will exceed ten percent (10%) and no species will exceed fi ve percent (5%) of the total public tree population. When considering individual parks, no genus will exceed 40% and no species will exceed 20%. Overall, this species diversity will be achieved through the strategic planning of new tree planting both on City streets and in parks. Healthy trees will not be removed to facilitate the introduction of new species. They will be planted as existing public trees reach the end of their useful life expectancy and require replacement. 3. SPECIES SELECTION AND DROUGHT RESILIENCEPlanting the right tree in the right place is essential to the success of the urban forest and its sustainability. Species will be selected for planting based on the following factors:• Size of the growing space including the width of the parkway and presence of adjacent buildings or infrastructure
• The volume of available soil• The presence of utilities, both overhead and below ground• Community safety including traffi c visibility Furthermore, one of the ways the City will build environmental resilience to drought is through careful species selection. At least 75% of the species selected for the 2017 Street Tree Designations list require low water, and drought resilient/low water use species have been selected where possible. At least one low water use species will be assigned to each street segment across the City. Additionally, species with known environmental concerns, pathogen issues or that are invasive to natural areas will not be selected for planting. The street tree species selected for individual blocks is available for review in the appendices.
4. IMPLEMENTATION OF AND UPDATING THE STREET TREE SPECIES DESIGNATION LISTThe City will implement and adhere to the street tree designations contained in the Urban Forest Master Plan appendices. The City will evaluate the species designations list every fi ve years in conjunction with assessing the success of newly introduced species. Signifi cant updates to the species designations will be made in conjunction with the Species Subcommittee of the Urban Forest Task Force and impacted neighborhood groups.5. PLANTING PRIORITIZATIONPlanting of public trees will be prioritized based on numerous factors including urban forest metrics as well as environmental and human need. These factors include:• Tree age diversity and planting space availability (planting vacancies)• Population density and average age• Proximity to schools and early learning centers• The urban heat island effect• Transport corridors and their associated air pollution SANTA MONICA’S URBAN FOREST MASTER PLAN | 57 A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A N | 5 7 Chapter 2 - Guiding Principles h a p t e r 2 - G u i d i n g P r i n c4.I.a i p l e s Packet Pg. 380
Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for
6. ENHANCING AND PRESERVING THE URBAN FOREST
Chapter 2 - Guiding Principles h a p t e r 2 - G u i d i n g P r i n c i p l e s
STRATEGIES
6. NEW SPECIES INTRODUCTIONSTo ensure the urban forest diversity goal fosters a resilient and healthy functioning urban arboretum, it is recognized as important to trial new species introductions. The City will plant new species in parks, or other appropriate locations; upon observance of successful establishment over time the new species will be considered for street tree species designation. 7. MODIFICATION OF INFRASTRUCTURE TO ACCOMMODATE LARGER CANOPY TREESIn addition to planting trees in existing parkways, the City will continue to identify opportunities to increase canopy coverage in the following ways:• Incorporating landscaped medians and/or increasing the width of existing parkways where feasible
• Exploring new techniques designed for greater soil volume as an opportunity to increase the balance of canopy coverage throughout the City • In street redesign projects, maximizing parkways and tree wells to enhance the street tree growspace
• Making provisions for larger street tree growspaces in private development projects in conjuction with implementation of the City’s Land Use and Circulation Element (LUCE), and through the zoning code, developing standards to provide for the inclusion of more trees in better growspaces with greater canopy potential on private properties
8. LARGER TREESThe City’s policy is to plant a 24” box tree of the designated species. The City will establish procedures for residents to have larger specimens of the designated tree when planting occurs in front of the resident’s house. The resident can opt to make up the cost difference between the installed cost of a standard tree and the installed cost of a larger tree, and the City will plant the larger tree.
9. TREE SUPPLYTo the extent feasible, the Public Landscape Division will ensure new tree stock planted into Santa Monica’s public urban forest meets current industry standards, specifi cally ANSI Z60.1.
Only trees of the highest quality should be planted. This will be achieved by staff selection and approval of new tree stock.
10. SOIL RESOURCEUrban trees require access to suffi cient quality soil to support highlevel growth and function. Soil must be able to provide adequate water and nutrients and improve a tree’s resilience to drought and pathogen attack. Therefore, the Public Landscape Division will establish recommendations to protect the soil resource during construction projects. The increased use of air tools to decompact soil and the application of organic mulch within the root zones of trees will be promoted. Additional information on the City’s tree planting recommendations and protection of trees during construction can found in the appendices.10. IRRIGATIONAdequate water is essential to healthy tree growth; however, it is recognized that potable water is a valuable and limited resource in Santa Monica. To preserve the urban forest, the City will use water-effi cient irrigation technology. The greater use of stormwater capture and recycled water distribution will be encouraged coupled with increased public education on the importance of watering during young tree establishment and supporting drought-stressed trees. 58 | SANTA MONICA’S URBAN FOREST MASTER PLAN 8 | S A
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for Chapter 2 - Guiding Principles h a p t e r 2 - G u i d i n g P r i n c i p l e s 2016Urban Forest Master Plan is revised.
2017 Urban Forest Master Plan revisions are approved by City Council. 2011Urban Forest Master Plan is adopted by City Council.
The future of Santa Monica’s urban forest can be assured and its benefi ts realized by future generations if City policy makers, staff and the community are responsible stewards. An urban forest is a dynamic natural system. The careful tracking of its sustainability metrics, as detailed in this Master Plan, will provide guidance on its health and function. Periodic updates to the goals, strategies and standards in this Master Plan are inevitable to meet the needs of the community, transcend the effects of future climate change and incorporate improvements in strategic tree management. City staff will work in partnership with the Urban Forest Task Force and the community as a whole to maximize the benefi ts delivered by the urban forest while managing risk and remaining fi scally responsible. ...FROM THE PAST INTO THE FUTURE....
LONG RANGE URBAN FOREST TIMELINE
THE FUTURE OF THE URBAN FOREST
SANTA MONICA’S URBAN FOREST MASTER PLAN | 59 A N TA M O N I C A ’ S U R B A N F O R E S T M A S T E R P L A N | 5 9
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Attachment: Urban Forest Master Plan (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for 1685 Main Street, Mail Stop 15, Santa Monica, CA 90401 • (310) 458-8721 • sm.engineering @santamonica.gov santamonica.gov • @cityofsantamonica • @santamonicacity Public Works Department
Engineering and Street Services Division
December 16, 2024
Dear Residents,
The City of Santa Monica is committed to maintaining safe and functional streetscapes, and we are pleased to announce an upcoming roadway construction project along California Avenue from Ocean Avenue to 7th Street, totaling six City blocks long. This project will focus on addressing roadway paving issues caused by root intrusion from median trees, improving drainage, and supporting tree health, ensuring California Avenue remains a safe and accessible street for everyone while maintaining streetscape aesthetics. In addition to the work on California Avenue, the City will improve existing drainage in the area by installing drainage improvements along 4th St and 5th Streets between Idaho Ave and California Ave and on California Ave between 5th St and 4th St, as shown in Exhibit 1.
The need for the California Avenue improvements arises from concerns over root growth from mature median trees, specifically the eucalyptus trees, which have caused asphalt buckling and created potential hazards for bicyclists, pedestrians and vehicles. In addition, ongoing drainage issues at the 4th and 5th Street intersections have led to frequent flooding during rain events. This project will significantly improve roadway safety and reduce flooding risks while maintaining the aesthetic integrity of the streetscape.
The City has hired a consultant team consisting of an engineering firm and certified arborist to develop final design and improvement plans along California Avenue to address these infrastructure issues, especially the tree issues. In 2024, the project team met with the City’s Urban Forest Task Force on two separate occasions to obtain input for the future of the trees in the median. Based on the feedback and approval from the City’s Urban Forest Task Force members, the project will involve removing nineteen (19) of the forty(40) existing eucalyptus trees during the project, replacing them with three(3) different tree species better suited to the median's geometrics. The remaining trees will be reduced in size through pruning but preserved until the new trees have time to establish. The long term plan is to replace all forty (40) existing median trees on California Avenue between 2nd and 7th Streets. Replacement trees will provide a variety of species that align with the updated Urban Forest Master Plan including: fifteen (15) Brisbane Box trees, sixteen (16) Arbutus Marina, and fourteen (14) Chinese flame trees. Overall, this streetscape project will enhance the urban forest through increasing species diversity and improve safety for roadway users by using species more suited to growing these medians.
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Packet Pg. 383 Attachment: Public Outreach Letter to Wilmont Neighborhood Group (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024- 1685 Main Street, Mail Stop 15, Santa Monica, CA 90401 • (310) 458-8721 • sm.engineering @santamonica.gov santamonica.gov • @cityofsantamonica • @santamonicacity The California Avenue project starting with the removal of nineteen (19) median eucalyptus trees along with the construction of a new storm drain system to address existing drainage issues along 4th and 5th Streets, is tentatively scheduled to begin in the Summer of 2025. The project is anticipated to be completed around the Summer of 2026. We are committed to keeping the community informed and engaged throughout the project and will provide additional details as the start date approaches.
Regular updates will be available on the City’s website, along with comprehensive background information and project milestones. Updates will be shared through the City’s website, providing detailed project milestones and background information, as well as through coverage in the Santa Monica Daily Press (SMDP).
For additional information about the California Avenue Roadway Project, visit the project webpage at https://www.santamonica.gov/california-ave-street-reconstruction. Thank you for your patience and understanding as we work to enhance the safety and functionality of California Avenue for all community members. Should you have any questions or need additional information, please feel free to reach out to our Public Works Department at [email protected] . for
Alex Nazarchuk, P.E. City Engineer
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Packet Pg. 384 Attachment: Public Outreach Letter to Wilmont Neighborhood Group (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024- 1685 Main Street, Mail Stop 15, Santa Monica, CA 90401 • (310) 458-8721 • sm.engineering @santamonica.gov santamonica.gov • @cityofsantamonica • @santamonicacity EXHIBIT 1
CALIFORNIA AVENUE IMPROVEMENT PROJECT
California Ave - Ocean Ave to 7th St
DRAINAGE IMPROVEMENT PROJECTS
4th & 5th St Between Idaho Ave and California Ave (Site 5)
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Packet Pg. 385 Attachment: Public Outreach Letter to Wilmont Neighborhood Group (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024- 1685 Main Street, Mail Stop 15, Santa Monica, CA 90401 • (310) 458-8721 • sm.engineering @santamonica.gov santamonica.gov • @cityofsantamonica • @santamonicacity 1339 & 1343 26th St (Site 4)
1551 10th St (Site 1)
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Packet Pg. 386 Attachment: Public Outreach Letter to Wilmont Neighborhood Group (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-
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Packet Pg. 387 Attachment: Excel - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project)
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Packet Pg. 388 Attachment: Excel - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project)
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Packet Pg. 389 Attachment: Excel - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project)
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Packet Pg. 390 Attachment: Excel - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project)
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Packet Pg. 391 Attachment: Excel - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project)
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Packet Pg. 392 Attachment: Excel - Oaks Initiative (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project) 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.
N/A
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Packet Pg. 393 Attachment: Transtech - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project) 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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Packet Pg. 394 Attachment: Transtech - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project) 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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• 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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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. 397 Attachment: Transtech - Levine Act (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project) Statement of Qualifications 72
CONSTRUCTION MANAGEMENT SERVICES
FOR VARIOUS CONSTRUCTION PROJECTS, SP1982 (2025)
10. Oaks Initiative Disclosure Form
Ahmad Ansari, PE Principal
2/7/2025
[email protected] 909-595-8599
ABOVE ARE NOT APPLICABLE TO TRANSTECH ENGINEERS, INC.
Trans Tech
N/A
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Packet Pg. 398 Attachment: Transtech - Oaks Initiative (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project) Statement of Qualifications 72
CONSTRUCTION MANAGEMENT SERVICES
FOR VARIOUS CONSTRUCTION PROJECTS, SP1982 (2025)
10. Oaks Initiative Disclosure Form
Ahmad Ansari, PE Principal
2/7/2025
[email protected] 909-595-8599
ABOVE ARE NOT APPLICABLE TO TRANSTECH ENGINEERS, INC.
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Packet Pg. 399 Attachment: Transtech - Oaks Initiative (7037 : Award Bid SP2699 and RFP SP2699-CM and Contracts for FY 2024-25 Annual Paving Project) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.J
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Nikima Newsome, City Clerk, Records & Elections Services Department Subject: Introduction and First Reading of an Ordinance Adding Municipal Code Section 2.32.300 Requiring Residency for DTSM, Pier Corp, and SMTT Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading an ordinance adding Section 2.32.300 to the SMMC requiring resident representation for Council appointees to non-profits; and
2. 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
At the January 28, 2025, Council meeting, the City Council directed the City Attorney to return to Council with an ordinance codifying resident representation for Council appointees to the governing boards of Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, Inc., and the Santa Monica Pier Corporation, Inc. and for the ordinance to be presented to Council so that the second reading and adoption can occur in advance of the annual boards and commissions appointments.
Discussion
Council appoints members to certain nonprofits that play an important role as community partners providing economic, cultural, and recreational opportunities for businesses, residents, and visitors.
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Downtown Santa Monica, Inc.
Downtown Santa Monica, Inc. (DTSM), is a nonprofit organization dedicated to promoting economic stability, growth, and community life within the Downtown District and Downtown of the City through responsible planning, development, management, and coordination of programs, projects, and services designed to benefit the community as a whole, including the District’s businesses, property owners, visitors, and residents.
The City Council appoints six directors to the 13-member DTSM board of directors, and board members must be City residents or persons who are employed, own property, or hold business licenses in the City of Santa Monica.
Santa Monica Travel and Tourism, Inc.
Santa Monica Travel and Tourism, Inc. (SMTT), works to strengthen the local economy by enhancing and promoting the community as a distinctive, compelling and welcoming travel destination. The City Council appoints five directors of the eleven-member SMTT board, and directors are drawn from Santa Monica’s community and business leadership.
Santa Monica Pier Corporation
Santa Monica Pier Corporation (SMPC) provides services to develop, implement, and maintain certain programs and functions in connection with the Santa Monica Pier, including marketing and promoting the Pier as a destination, producing community events, coordinating private special events, providing community outreach, monitoring street performers, and assisting the City with public review and discussion of planning and policy matters related to the Pier objectives. The City Council appoints all seven members to the SMPC board of directors, and members must either be residents of the City or do business or be employed in the City.
Resident representation on the governing boards of DTSM, SMTT, and SMPC is an asset to the community, as residents provide oversight and feedback on programming,
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operations, and leadership for these critical organizations that help steer the local economy and promote the Santa Monica band, history, and culture.
While Council requested that this ordinance includes a process for the Council to reappoint any Council appointed seats currently occupied by non-residents with partial terms to complete, as these are independent nonprofits, and the director removal process is governed by state law. To remove a director requires a vote of the membership of the nonprofit, or if there are no members, a vote of the majority of the nonprofit’s board of directors. The Council cannot unilaterally remove and reappoint board members in Council appointed seats, with the exception of SMPC, of which the City is the sole member of the nonprofit. Therefore, this ordinance shall only apply to future appointments and reappointments.
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Below is a list of current Council appointments to these non-profit organizations and their residency status based on the response applicants provided on their application.
Downtown Santa Monica, Inc.
(Council-Appointed Members)
Name Term End
Date
Title *Santa
Monica
Resident
*Work in
Santa Monica
Lucian Tudor June 30,
2026
Member N** Y
Luke M. Cain June 30,
2026
Vice
Chair
Y Y
Leonid Pustilnikov June 30,
2026
Member N** Y
Berta Negari June 30,
2028
Vice
Chair
N** Y
Michelle Cardiel June 30,
2028
Member Y Y
Jon Farzam June 30,
2028
Member N** Y
*Based on response provided on application
**No home address provided on application
Santa Monica Travel & Tourism, Inc.
(Council-Appointed Members)
Name Term End
Date
Title *Santa
Monica
Resident
*Work in
Santa Monica
Lauralee Asch June 30,
2025
Member –
Secretary
Y N
Neil Carrey June 30,
2025
Member Y N
Tim Defuria June 30,
2026
Member Y Y
Karen Ginsberg June 30,
2026
Member –
Treasurer
Y N
Darlene Evans June 30,
2026
Member Y Y
*Based on response provided on application
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Environmental Review
This report is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This report is administrative in nature, and no action is being undertaken. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Financial Impacts and Budget Actions
There is no immediate fiscal impact or budget action necessary as a result of the recommended action.
Santa Monica Pier Corporation
Name Term End
Date
Title *Santa
Monica
Resident
*Work in
Santa
Monica
Peter Trinh June 30,
2026
Member N Y
Carter Rubin June 30,
2026
Chair Y Y
Nicholas Rolston June 30,
2026
Member Y Y
Misti Kerns June 30,
2026
Member Y Y
Julieta Giner June 30,
2028
Member Y Y
David L. Newberg June 30,
2028
Member Y Y
Randi Parent June 30,
2028
Vice
Chair
Y N
*Based on response provided on application
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Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. Ord residency
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1 City Council Meeting: April 22, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 2.32.300 REQUIRING RESIDENT
REPRESENTATION FOR COUNCIL APPOINTEES TO NON-PROFITS
WHEREAS, the Council appoints members to certain nonprofits that play an important role as community partners providing economic, cultural, and recreational opportunities for businesses, residents, and visitors; and WHEREAS, Downtown Santa Monica, Inc. (DTSM), is a nonprofit organization dedicated to promoting economic stability, growth, and community life within the Downtown District and Downtown of the City through responsible planning, development, management, and coordination of programs, projects, and services designed to benefit the community as a whole, including the District’s businesses, property owners, visitors, and residents; and
WHEREAS, the City Council appoints six directors to the 13-member DTSM board of directors, and board members must be City residents or persons who are employed, own property, or hold business licenses in the City of Santa Monica; and WHEREAS, Santa Monica Travel and Tourism, Inc. (SMTT), works to strengthen the local economy by enhancing and promoting the community as a distinctive, compelling and welcoming travel destination; and
WHEREAS, the City Council appoints five directors of the eleven-member SMTT board, and directors are drawn from Santa Monica’s community and business leadership; and
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Packet Pg. 406 Attachment: Ord residency (7040 : Ordinance Requiring Residency for DTSM, Pier Corp, & SMTT) 2 WHERAS, the Santa Monica Pier Corporation (SMPC) provides services to develop, implement, and maintain certain programs and functions in connection with the Santa Monica Pier, including marketing and promoting the Pier as a destination, producing community events, coordinating private special events, providing community outreach, monitoring street performers, and assisting the City with public review and discussion of planning and policy maters related to the Pier objectives; and WHEREAS, the City Council appoints all seven members to the SMPC board of directors, and members must either be residents of the City or do business or be employed in the City; and
WHEREAS, the Council believes resident representation on the governing boards of DTSM, SMTT, and SMPC is an asset to the community, as residents provide oversight and feedback on programming, operations, and leadership for these critical organizations that help steer the local economy and promote the Santa Monica band, history, and culture; and
WHEREAS, since their respective foundings, each organization has been served by residents on their respective boards, who have presided over careful curation of programming that benefits the community; and
WHEREAS, without resident representation working in partnership with business leaders, industry experts, and property owners, the community loses a critical voice on the governing boards in setting the strategic direction for these organizations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
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Packet Pg. 407 Attachment: Ord residency (7040 : Ordinance Requiring Residency for DTSM, Pier Corp, & SMTT) 3 SECTION 1. Santa Monica Municipal Code Section 2.32.300 is hereby added to read as follows:
2.32.300. Resident Representation for Council Appointees to Nonprofits A minimum of half of the City Council appointees to the governing boards of Downtown Santa Monica, Santa Monica Travel and Tourism, Inc., and the Santa Monica Pier Corporation shall be residents of the City of Santa Monica.
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:
_________________________
Doug Sloan, City Attorney
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Packet Pg. 408 Attachment: Ord residency (7040 : Ordinance Requiring Residency for DTSM, Pier Corp, & SMTT) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.K
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Homelessness Emergency Proclamation Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.
Executive Summary
On March 11, 2025, in accordance with Santa Monica Municipal Code (SMMC) Chapter
2.16, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”).
Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Accordingly, this staff report recommends adopting the attached Resolution ratifying the 2025 Proclamation. (Attachment A).
Discussion
On February 14, 2023, the City Council adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region. On May 14, 2024, the City adopted a
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further Proclamation Declaring a Local Emergency on Homelessness (“the 2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness.
On March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation, which extends the local emergency on homelessness through December 31, 2026. The 2025 Proclamation allows the City to expeditiously increase City services and programs to address and prevent homelessness. Specifically, the extension enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and allows the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16.
Staff now recommends that Council adopt the attached resolution ratifying the 2025 Proclamation declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.
Environmental Review
The 2025 Proclamation Declaring a Local Emergency on Homelessness would have no effect on the environment, and therefore, is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Fiscal Impacts
None.
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Prepared By: Heidi Von Tongeln, Deputy City Attorney
Approved Forwarded to Council
Attachments:
A. Resolution Ratifying March 11, 2025 Homelessness Emergency Proclamation B. March 11, 2025 Homelessness Emergency Proclamation
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1 City Council Meeting: April 22, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RATIFYING THE 2025 PROCLAMATION OF THE
CITY COUNCIL OF THE CITY OF SANTA MOICA DECLARING A LOCAL
EMERGENCY ON HOMELESSNESS
WHEREAS, Santa Monica Municipal Code Chapter 2.16 empowers the City Manager, as the Director of Emergency Services (“Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region, which was extended to May 31, 2024; and
WHEREAS, on May 14, 2024 the City adopted a further Proclamation Declaring a Local Emergency on Homelessness (the “2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness; and WHEREAS, based on the 2024 Point-In-Time Homeless Count (“2024 PITC”) data, there were 75,312 people experiencing homeless in Los Angeles County; and WHEREAS, based on the 2024 PITC data for Service Planning Area 5 (SPA 5), the SPA Santa Monica is in, there were 5,383 people experiencing homelessness; and WHEREAS, based on the 2024 PITC data, there were 774 people experiencing homelessness in Santa Monica; and
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Packet Pg. 412 Attachment: Resolution Ratifying March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 2 WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) conducted an End of Line Survey in January 2025, and found 39 unhoused persons were unsheltered at the Santa Monica Downtown Metro Station given Metro’s current End of Line policy, which requires deboarding of all passengers and belongings at the end of the line when trains go out of service; and
WHEREAS, according to a U.S. Department of Health and Human Services report published in October 2023, the fastest growing group in the nation’s population of people experiencing homelessness is older adults, composing nearly half of the homeless population nationwide, and a number that is expected to triple by 2030, and older adult homelessness has increased by 25% in the Los Angeles Continuum of Care between 2020 and 2024; and
WHEREAS, a California Statewide Study of People Experiencing Homelessness (CASPEH) found that high housing costs and low income left participants vulnerable to homelessness, and that the most common reason for leaving housing was economic; and WHEREAS, the Los Angeles County’s COVID-19 Eviction Moratorium that protected tenants from eviction who were under 80% of Area Median Income who were unable to pay rent due to the pandemic expired March 31, 2023 and tenants had up to twelve (12) months to repay past due rent owed to avoid risk of eviction; and WHEREAS, the number of eviction lawsuits provided to the Santa Monica City Attorney’s office in 2024 increased by over 28% from the number provided in 2023, with
84.8% of 2024 eviction lawsuits based on nonpayment of rent, suggesting even more tenants at risk of eviction and homelessness than in 2023; and WHEREAS, on March 11, 2025, because the conditions that existed at the time
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Packet Pg. 413 Attachment: Resolution Ratifying March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 3 the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”); and
WHEREAS, the 2025 Proclamation extends the local emergency on homelessness through December 31, 2026 and allows the City to expeditiously increase City services and programs to address and prevent homelessness; and WHEREAS, specifically, the extension of the local emergency effectuated by the 2025 Proclamation enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and to allow the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16; and
WHEREAS the findings included in the 2025 Proclamation are included herein as if stated in full.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (“Exhibit A”) is hereby ratified.
SECTION 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and
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Packet Pg. 414 Attachment: Resolution Ratifying March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 4 the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.
SECTION 3. The City Council authorizes the City Manager, in capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency.
SECTION 4. The local emergency shall be deemed to continue and exist until December 31, 2026, unless its termination is earlier proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution, or the 2025 Proclamation ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the 2025 Proclamation. The City Council hereby declares that it would have passed this Resolution and the 2025 Proclamation and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 415 Attachment: Resolution Ratifying March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 1 City Council Meeting: March 11, 2025 Santa Monica, California 2025 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DECLARING A LOCAL EMERGENCY ON HOMELESSNESS WHEREAS, Santa Monica Municipal Code Chapter 2.16 empowers the City Manager, as the Director of Emergency Services (“Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region, which was extended to May 31, 2024; and
WHEREAS, on May 14, 2024 the City adopted a further Proclamation Declaring a Local Emergency on Homelessness (“the 2024 Proclamation”); WHEREAS, the 2024 Proclamation was utilized to advance several key initiatives related to homelessness, including but not limited to:
1. Extending the term of an existing acquisition and predevelopment loan with Community Corporation of Santa Monica (CCSM) and making a loan commitment to CCSM for the rehabilitation and development of affordable housing at 2033-2101 Virginia Avenue;
2. Making a loan commitment to CCSM for the development of affordable housing at 1342 Berkeley Street;
Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 416 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 2 3. Approving an agreement with Exodus Recovery, Inc. as the primary service provider for the SaMo Bridge program;
4. Approving an agreement with Willscot for the lease of mobile trailers for the SaMo Bridge program;
5. Approving an agreement with Elizabeth Anderson Consulting (EAC) for grant administration services for the SaMo Bridge program;
6. Approving an agreement with Moss Adams for evaluation and audit services for the SaMo Bridge program;
7. Modifying an agreement with Main Street Computing to extend the term and to add functionality to affordable housing compliance monitoring software;
8. Executing an agreement with Carahsoft for employment verification software for tenants and applicants in Santa Monica programs that keep people stably housed;
9. Modifying a contract with Capstone Solutions for behavioral health consulting services;
10.Executing a Letter of Intent with Exodus Recovery, Inc. dedicating four beds at the Westside Mental Health Urgent Care Center (UCC) for Santa Monica use;
11.Modifying an agreement with the County of Los Angeles to extend the term and allow for continued operation of the Therapeutic Transport Team program.
Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 417 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 3 WHEREAS, based on the 2024 Point-In-Time Homeless Count (“2024 PITC”) data , there were 75,312 people experiencing homeless in Los Angeles County; and WHEREAS, based on the 2024 PITC data for Service Planning Area 5 (SPA 5), the SPA Santa Monica is in, there were 5,383 people experiencing homelessness; and WHEREAS, based on the 2024 PITC data, there were 774 people experiencing homelessness in Santa Monica; and
WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) conducted an End of Line Survey in January 2025, and found 39 unhoused persons were unsheltered at the Santa Monica Downtown Metro Station given Metro’s current End of Line policy, which requires deboarding of all passengers and belongings at the end of the line when trains go out of service; and
WHEREAS, according to a U.S. Department of Health and Human Services report published in October 2023, the fastest growing group in the nation’s population of people experiencing homelessness is older adults, composing nearly half of the homeless population nationwide, and a number that is expected to triple by 2030, and older adult homelessness has increased by 25% in the Los Angeles Continuum of Care between 2020 and 2024; and
WHEREAS, a California Statewide Study of People Experiencing Homelessness (CASPEH) found that high housing costs and low income left participants vulnerable to homelessness, and that the most common reason for leaving housing was economic; and WHEREAS, the Los Angeles County’s COVID-19 Eviction Moratorium that protected tenants from eviction who were under 80% of Area Median Income who were Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 418 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 4 unable to pay rent due to the pandemic expired March 31, 2023 and tenants had up to twelve (12) months to repay past due rent owed to avoid risk of eviction; and WHEREAS, the number of eviction lawsuits provided to the Santa Monica City Attorney’s office in 2024 increased by over 28% from the number provided in 2023, with
84.8% of 2024 eviction lawsuits based on nonpayment of rent, suggesting even more tenants at risk of eviction and homelessness than in 2023; and WHEREAS, at its March 11, 2023 workshop, the City Council reaffirmed Preventing Homelessness as a priority, adopting the following Priority Statement:
“Prevent housed Santa Monicans from becoming homeless and increase the supply of affordable housing; address the behavioral health needs of vulnerable individuals; and advocate for regional capacity to address homelessness”; and WHEREAS, the ongoing crisis of homelessness continues as evidenced by the following:
1. In 2024, of the total arrests in the City, 60% were attributable to people experiencing homelessness;
2. The number of calls-for-service to the Fire Department attributed to people experiencing homelessness constituted 16% of the total call volume in 2024 and fire incidents related to people experiencing homelessness were 39% (180 out of 459 total fires);
3. In 2024, SMPD responded to 1,648 calls related to encampments, and the HLP Team handled 862 requests to address encampments through the 311 system;
4. Per SMPD, there were 22 public death cases of people experiencing homelessness in 2024;
Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 419 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 5 5. In 2024, the Public Works Department estimates that on an average monthly basis, approximately 224 individuals experiencing homelessness were identified in the areas that are serviced by the Department; WHEREAS, the City of Culver City, County of Los Angeles, City of Los Angeles, and City of Long Beach have each declared or proclaimed a local emergency to address homelessness; and
WHEREAS, Los Angeles County is experiencing a massive workforce shortage which has led to understaffing and challenges hiring and retaining staff due to the demands of the work of addressing and preventing homelessness, leading to delays in implementing programs, such as the Therapeutic Transport Team; and WHEREAS, when combined with workforce shortages experienced throughout the County, and strict civil service rules, the City struggles to fill positions expeditiously, if at all, which hampers the City’s ability to create necessary organizational capacity to effectively implement programs and services needed to address and prevent homelessness; and
WHEREAS, the recent Palisades Fire resulted in the loss of 6,837 homes which will exacerbate the existing local housing crisis in terms of affordability and availability; and
WHEREAS, the conditions that existed at the time the 2024 Proclamation was adopted persist, and, therefore, the City Council finds it necessary to issue another Proclamation Declaring a Local Emergency on Homelessness through December 31, 2026 (“2025 Proclamation”), to expeditiously increase City services and programs to address and prevent homelessness; and
Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 420 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 6 WHEREAS, another proclamation of local emergency on homelessness would enable the City to:
1. Receive additional county, state, and federal resources to address the homelessness crisis to further efforts such as:
a. Expanding multi-disciplinary outreach teams;
b. Providing enhanced supports for individuals that are rent burdened to prevent homelessness;
2. Prevent rental price gouging through enforcement of Penal Code 396(e) during the existence of the Proclamation;
3. Streamline and expedite City processes and approvals concerning development, deployment of resources, employment, contracting, grant approvals, receipt, budgeting, and community activities to assist in expediting services and housing for people who are at-risk of or experiencing homelessness or to address local impacts of homelessness;
4. Streamline, accelerate, and expedite processes to implement the 2021-2029 Council approved Housing Element regarding City-owned land identified for affordable housing;
5. Authorize the Director of the Community Development Department, or designee, to approve temporary uses located on City property or utilizing City funds that support people who are at-risk of or experiencing homelessness or to address local impacts of homelessness.
6. Issue requests for proposals to identify development teams with demonstrated capacity to design, finance, construct, and operate affordable housing and Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 421 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 7 execute agreements and ground leases with selected development teams. The selection of any development teams involving City-owned land would be subject to Council approval;
7. Leverage Housing Trust Fund resources and streamline, accelerate, and expedite the process to review and approve loan commitments for affordable housing developments that serve Santa Monicans who are homeless or at-risk of homelessness, or Santa Monica residents and workers; and
8. Allow the City Manager to take all available actions authorized under Chapter
2.16. NOW THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that a local emergency on homelessness exists in the City of Santa Monica; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of the City shall be those prescribed by state law, and by ordinances, proclamations, and resolutions of the City;
IT IS FURTHER PROCLAIMED AND ORDERED that the City Manager shall be empowered to seek, receive, budget, and expend all potential funding sources that may be used to address the homelessness crisis;
IT IS FURTHER PROCLAIMED AND ORDERED that the Proclamation will allow the City Manager to modify or waive the requirements on a case-by-case basis for process, participation, approvals, and limits set forth in the Housing Trust Fund Plan and Housing Trust Fund Guidelines as well as require additional qualifications for projects Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 422 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) 8 such as size, target population, and location in order to achieve the production of affordable housing and permanent supportive housing;
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation be forwarded to the Los Angeles County Office of Emergency Management, to be forwarded to the Director of California Governor’s Office of Emergency Services, requesting that the Director find it acceptable in accordance with State law; and that the Governor issue a proclamation declaring an emergency in Los Angeles County; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
IT IS FURTHER PROCLAIMED AND ORDERED that this Proclamation of Local Emergency shall take effect immediately, and that widespread publicity and notice shall be given of this Proclamation throughout the City; and that this Proclamation shall expire on December 31, 2026, unless repealed or extended by the City Council.
ADOPTED this 11th day of March, 2025.
By:
__________________
Susan Cline
Acting City Manager
Approved as to form: Attest:
__________________ __________________
Douglas Sloan Nikima Newsome
City Attorney City Clerk
Docusign Envelope ID: 8B9DA146-440A-4CBB-846F-3709C08914CC
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Packet Pg. 423 Attachment: March 11, 2025 Homelessness Emergency Proclamation (6987 : Homelessness Emergency Proclamation) City Council
Report
City Council Meeting: April 22, 2025
Agenda Item: 4.L
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.
Executive Summary
On January 8, 2025, on behalf of the City, and in accordance with Santa Monica Municipal Code (SMMC) Section 2.16.060, the City Manager, as Director of Emergency Services, issued an Executive Order declaring a Local Emergency (Executive Order) in response to extreme weather conditions and widespread fires that ignited in nearby Pacific Palisades (Palisades Fire) and elsewhere in Los Angeles County (collectively, Regional Fires). On January 10, 2025, the City Manager issued a Revised Executive Order.
On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.
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On January 14, 2025, the City Manager issued a Second Revised Executive Order in accordance with direction given by the City Council on January 10, and on January 31, 2025, the City Manager issued a First Supplement to the Executive Order.
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. On March 19, 2025, the City Manager issued a Second Supplement to the Executive Order in accordance with direction given by Council on February 25. On March 28, 2025 the City Manager issued a Third Supplement to the Executive Order, and on April 16, 2025 the City Manager issued a Fourth Supplement to the Executive Order.
The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, and Fourth Supplements, all include specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.
Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Further, SMMC section 2.16.100 requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council” Accordingly, this staff report recommends adopting the attached Resolution re-ratifying the Executive Order, Revised Executive Order, Second Revised Executive Order and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order. (Attachment A).
Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.
The National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation.
On January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County ignited in Los Angeles County, burning over 40,000 acres (the Regional Fires). High winds, low
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humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph.
The Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access routes to the communities affected by the Regional Fires. Along with the windstorm, the Regional Fires spread across more than 40,000 acres damaging or destroying structures and prompting evacuation orders and road closures. This weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure.
On January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles, and the Governor declared a state of emergency to make additional resources available.
On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered
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emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).
On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.
On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant
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hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expand criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires. (Attachment E).
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. Council further gave direction to phase out suspension of the tenant protection laws for short term rentals and that short term renters are given the same protections as long-term renters in addition to providing support to local restaurants impacted by the fires. (Attachment F).
On March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025. (Attachment G).
On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order to provide a 50% discount for license fees for outdoor dining, sidewalk dining, and pier deck dining for the month of March 2025. (Attachment H).
On April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires
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that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025. (Attachment I).
The emergency proclamation and its supplements were issued by the City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code
2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council previously approved Resolution Number 11639 (CCS) on January 10, 2025, ratifying the Executive Order and Revised Executive Order, and Resolution Number 11645 (CCS) on February 25, 2025, re-ratifying the Executive Order and Revised Executive Order and ratifying the Second Revised Executive Order and the First Supplement to the Executive Order.
Staff now recommends that Council adopt the attached resolution re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.
Environmental Review
The action taken by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”, Section 15268 (Ministerial Projects) CEQA Guidelines, and Section 15301 (Existing Facilities) of the CEQA Guidelines. The measures taken are, among other things, administrative; ministerial; involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; or are emergency and temporary in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
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Fiscal Impacts
None.
Prepared By: Heidi Von Tongeln, Deputy City Attorney
Approved Forwarded to Council
Attachments:
A. A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires)
B. B-Executive Order Local Emergency January 8, 2025
C. C-Revised Executive Order Local Emergency January 10, 2025 D. D-Second Revised Executive Order Local Emergency January 14, 2025 E. E-First Supplement to Executive Order Local Emergency January 31, 2025 F. F-Resolution 11645 (CCS)
G. G-Second Supplement to Executive Order Local Emergency March 19, 2025 H. H-Third Supplement to Executive Order Local Emergency March 28, 2025 I. I-Fourth Supplement Executive Order Local Emergency April 16, 2025
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1 City Council Meeting: April 22, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF
LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted
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Packet Pg. 431 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 2 evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
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Packet Pg. 432 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
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Packet Pg. 433 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 4 WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and
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Packet Pg. 434 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 5 WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and
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Packet Pg. 435 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 6 WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
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Packet Pg. 436 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 7 6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
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Packet Pg. 437 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 8 WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, on April 16, 2025, the Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025; and
WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the
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Packet Pg. 438 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 9 Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive Director of Emergency Services related to the protection of life and property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified.
SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified.
SECTION 3. The Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.
SECTION 4. The First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified.
SECTION 5. The Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit E”) is hereby ratified.
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Packet Pg. 439 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 10 SECTION 6. The Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit F”) is hereby ratified.
SECTION 7. The Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is hereby ratified.
SECTION 8. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.
SECTION 9. The City Council authorizes the City Manager, in the Manager’s capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.
SECTION 10. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First, Second, Third, and Fourth Supplements to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and
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Packet Pg. 440 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 11 shall remain in full force and effect until the termination of the resolution by the City Council.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, and Fourth Supplements to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, and Fourth Supplements to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third and Fourth Supplements to the Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 12. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 441 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) [Revision 1] (6930 : Fire Emergency Order 1 PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and
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Packet Pg. 442 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
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Packet Pg. 443 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
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Packet Pg. 444 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,
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Packet Pg. 445 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person.
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Packet Pg. 446 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
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Packet Pg. 447 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
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Packet Pg. 448 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 8th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 449 Attachment: B-Executive Order Local Emergency January 8, 2025 (6930 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
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Packet Pg. 450 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire
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Packet Pg. 451 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within a and
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Packet Pg. 452 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and
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Packet Pg. 453 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by
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Packet Pg. 454 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the
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Packet Pg. 455 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments
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Packet Pg. 456 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.
7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
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Packet Pg. 457 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
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Packet Pg. 458 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 10th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 459 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6930 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
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Packet Pg. 460 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and
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Packet Pg. 461 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and
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Packet Pg. 462 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and
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Packet Pg. 463 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 5 That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
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Packet Pg. 464 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 6 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 465 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 466 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.
6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.
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Packet Pg. 467 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
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Packet Pg. 468 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
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Packet Pg. 469 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
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Packet Pg. 470 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.
13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
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Packet Pg. 471 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 472 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6930 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and
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Packet Pg. 473 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
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Packet Pg. 474 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
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Packet Pg. 475 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject
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Packet Pg. 476 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant
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Packet Pg. 477 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and
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Packet Pg. 478 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;
WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
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Packet Pg. 479 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.
NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.
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Packet Pg. 480 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.
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Packet Pg. 481 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.
5. Section 4 of the Second Revised Executive Order is hereby amended as follows:
Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).
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Packet Pg. 482 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:
Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
ADOPTED this 31st day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 483 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6930 : Fire Emergency Order Extension) 1 City Council Meeting: February 25, 2025 Santa Monica, California RESOLUTION NUMBER 11645 (CCS)
(City Council Series)
AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF
LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County, burning over 40,000 acres (the “Regional Fires”); and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, and prompted evacuation orders and warnings and impacted the access routes to the Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 484 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 2 communities affected by the Regional Fires; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 485 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) declaring a local Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 486 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 4 emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the City Manager, in his role as the Director of Emergency Services, issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) (“Exhibit B”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 487 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 488 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 6 Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive Director of Emergency Services related to the protection of life and property.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 489 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified.
SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified.
SECTION 3. The Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.
SECTION 4. The First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified.
SECTION 5. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.
SECTION 6. The City Council authorizes the City Manager, in the Manager’s capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.
SECTION 7. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 490 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 8 review the need to continue the state of emergency at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First Supplement to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and shall remain in full force and effect until the termination of the resolution by the City Council.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 491 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension)
EXHIBIT A
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 492 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 1 PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 493 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 494 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 495 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 496 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 497 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 498 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 499 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 8th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 500 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension)
EXHIBIT B
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 501 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 502 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 503 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within a and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 504 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 505 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 506 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 507 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 508 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.
7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 509 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 510 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 10th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 511 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension)
EXHIBIT C
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 512 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
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Packet Pg. 513 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 514 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 515 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 516 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 5 That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
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Packet Pg. 517 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 6 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 518 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 519 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.
6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.
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Packet Pg. 520 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
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Packet Pg. 521 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
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Packet Pg. 522 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
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Packet Pg. 523 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.
13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
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Packet Pg. 524 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 525 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension)
EXHIBIT D
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Packet Pg. 526 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 527 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
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Packet Pg. 528 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 529 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 530 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 531 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 532 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;
WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
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Packet Pg. 533 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.
NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.
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Packet Pg. 534 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 535 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.
5. Section 4 of the Second Revised Executive Order is hereby amended as follows:
Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 536 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:
Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
ADOPTED this 31st day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 537 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) Adopted and approved this 25th day of February, 2025.
__________________________
Lana Negrete, Mayor
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11645 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of February, 2025, by the following vote:
AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Nikima S. Newsome, City Clerk
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F
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Packet Pg. 538 Attachment: F-Resolution 11645 (CCS) (6930 : Fire Emergency Order Extension) 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 539 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 540 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 541 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 4 WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 542 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 543 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 544 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 545 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 546 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 547 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
NOW, THEREFORE, I; Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement and this Second Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First Supplement to the Executive Order is hereby amended as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 548 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 11 Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. Section 3 of the Second Revised Executive Order is hereby amended and shall read in its entirety as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 549 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 12 Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 550 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 13 4. Upon written request, made on or before April 30, 2025, of a hotel or motel subject to the TOT and TMD, and impacted by the regional fires, the Finance Department may grant a 30-day extension for the payment of TOT and TMD due.
5. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or permits issued by the City of Santa Monica, enforcement of the following provisions of Santa Monica Municipal Code Sections 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements, as applicable, are hereby suspended for businesses that: (1) have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code, including, but not limited to, Eating and Drinking Establishments, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8), and Commercial Entertainment and Recreation, Large Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(d), and Small Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(e):
A. Restrictions on hours of operation and hours of alcohol service.
B. Prohibitions against serving alcohol in any disposable container such as disposable plastic or paper cups, except for special events.
C. Limitations on percentage of total gross revenues per year from alcohol sales.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 551 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 14 D. Limitations on the number of 3 television screens including video projectors or similar audio/visual devices permitted to be utilized on the premises, including limitations on size of screens.
E. Prohibitions against providing billiard/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.
F. Prohibitions against liquor bottle service, including provisions limiting wine and beer bottle service unless full meal service is provided concurrent with the bottle service, and requirements that all food items shall be available from the full service menu.
For purposes of this provision, 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.
G. Prohibitions against establishments, except for special events, organizing or participating in organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
H. Requirements that, 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.
I. Requirements that the primary use of any outdoor dining area shall be for seated meal service and that patrons who are standing in the outdoor seating area shall not be served.
J. For Restaurants, Full Service, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), and Restaurants, Limited-Service and Take-Out, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c):
1. Limitations on the number of indoor or outdoor seats; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 552 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 15 2. Requirements that the primary use of the premises shall be for sitdown meal service to patrons.
K. For Restaurants with Entertainment subject to the provisions of Santa Monica Municipal Code Section 9.31.290, requirements that:
1. There is sit down meal service provided at all times while the entertainment is taking place;
2. The entertainment is provided only in the dining areas; and
3. There is no cover charge or minimum drink purchase requirement.
The provisions of this Section 5 of this Second Supplement shall terminate on April 30, 2025 at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 20th day of March 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
ELAINE POLACHEK
Interim City Manager
Interim Director of Emergency
Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1 3/20/2025
3/20/2025
3/20/2025
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Packet Pg. 553 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6930 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA
THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 554 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 555 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 556 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 4 ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 557 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 558 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 559 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants, and other businesses with outdoor dining options, some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 560 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 561 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 562 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) suspend enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20 HomeSharing and Vacation Rentals through and including April 18, 2025 and clarify that shortterm rental hosts, home-sharing hosts, or landmarks may not unilaterally terminate rental agreements before the end of the agreed upon rental period, evict or compel a person who has established a tenancy to vacate a rental unit without judicial process, or terminate a tenancy subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by applicable law; 3) expand a 30-day Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 563 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 11 extension for payment of TOT and TMD; and 4) suspend certain provisions of Santa Monica Municipal Code Sections 9.31.280 and 9.31.290 for specified businesses; and WHEREAS, restaurants in the City are reporting ongoing losses of revenue through March 2025 due to the impacts of the Regional Fires and thus discounting license fees by 50% for the month of March for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining will continue to provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help them remain open and support their overall business recovery.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement, Second Supplement, and this Third Supplement.
2. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be discounted by 50% for the month of March 2025.
ADOPTED this 28th day of March 2025.
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Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 564 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 12 ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 565 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6930 : Fire Emergency Order Extension) 1 FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 566 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 567 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 568 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 569 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 570 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 571 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 7 suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 572 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 8 WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second and Third Supplements, and this Fourth Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First and Second Supplements to the Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 573 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 9 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 574 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6930 : Fire Emergency Order Extension) 10 3. Schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown shall be eligible for discounted monthly parking passes for the City’s Downtown parking structures pursuant to a pro rata monthly Group Discount Rate for the 35 remaining school days of the Spring 2025 Semester at a rate of $192.50 per parking pass (which equates to a daily rate of $5.50 per day).
4. Modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order shall be of no further force and effect as of April 30, 2025, and no permits shall be issued pursuant to those modified parking regulations after April 30, 2025.
ADOPTED this 16th day of April 2025.
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ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E 4/16/2025
4/16/2025
4/16/2025
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Report
City Council Meeting: April 22, 2025
Agenda Item: 4.M
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Approval of City Council Minutes
Recommended Action
Staff recommends that the City Council approve the minutes for the following:
1. March 25, 2025, City Council meeting; and
2. April 8, 2025, City Council meeting.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. Minutes 3-25-2025
B. Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) C. Minutes 4-08-2025
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1 March 25, 2025
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 25, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:31 p.m., on Tuesday, March 25, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis (arrived at 5:34 p.m.)
Councilmember Jesse Zwick
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: Interim City Manager Elaine Polachek
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 except Mayor Pro Tem Torosis. Councilmember Zernitskaya 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 Zwick.
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
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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.
GENERAL PUBLIC
INPUT:
Mayor Pro Tem Torosis
arrived at 5:34 p.m.
Members of the public speaker Victor Salazar, Milly Garcia, Ithzay Cruz, Denise Barton, John Alle, Jerry Rubin, Wade Kelley, Ashley Oelsen, Harvey Eder, Judith Serlim, Erik Nunez, Luis Ochoa, Sergio Ortega, Christian Pinell, Pedro Paredes Jr., Christian Lopez, Miguel Montavo, Zoe Muntaner, and Johnathan Foster commented on various local issues.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA ITEMS
2.A. Proclamation: Arts Month, was presented.
2.B. Proclamation: Trans Day of Visibility, was presented.
PUBLIC INPUT FOR
SPECIAL AGENDA
ITEMS, CONSENT
CALENDAR AND CLOSED
SESSION ONLY:
No members of the public commented on Special Agenda items.
Members of the public Denise Barton and Zoe Muntaner commented on consent calendar items.
Members of the public Lori Nafshun, Denise Barton, Ann Bowman, (time donated by Bea Nemlaha), Suan Jain, Jerry Rubin, Christine Parra, Abby Adams, Patrick Adams, Jaleh Mirhashemi, and Maryanne LaGuardia 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 Councilmember Zernitskaya, Item 4.F. was removed from the Consent Calendar. Councilmember Hall requested to record a “No” vote for Item 4.G.
Motion by Councilmember Zernitskaya, seconded by Councilmember Snell, to approve the Consent Calendar except for Items 4.F. and recording a no vote by Councilmember Hall for Item 4.G., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
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CALTRANS MASTER
SERVICE AGREEMENT
4.A. Adoption of a Resolution Authorizing Execution of CalTrans Master Service Agreement, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines
2. Adopt the attached resolution authorizing the execution of the Transit and Intercity Rail Capital Program (TIRCP) Master Agreement and Program Supplements for the State-funded projects.
CRIME LABORATORY
SERVICES
4.B. Approval of First Modification of Agreement #4623 with the City of Glendale - Verdugo Regional Crime Laboratory for Laboratory Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a 5-year extension to the City’s current agreement (#4623) with the City of Glendale and its Verdugo Regional Crime Lab in the amount of $150,000 for crime investigation laboratory services on behalf of the Santa Monica Police Department. The amended agreement will have a new total amount not to exceed of $250,000 with future year funding contingent on Council budget approval.
JUSTICE ASSISTANCE
GRANT
4.C. Authorization to Accept the 2024 Justice Assistance Grant for Implementation of the JAG Project to Impact Crime and Keep Neighborhoods Safe, 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;
2. Authorize the City Manager to accept a grant award in the amount $44,021 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant for implementation of the JAG 2024 Project to Impact Crime and Keep Neighborhoods Safe in the Police Department, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant; and
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4. Authorize the budget amendment as outlined in the Financial Impacts & Budget Actions section of the report (requires 5 votes).
OCEAN PARK VILLAS 4.D. Authorize the City Manager to Complete Negotiations for an Amended and Restated Grant Deed and Option to Purchase Property for Ocean Park Villas, was approved.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to complete negotiations for an amended and restated Grant Deed and Option to Purchase property located at 2019 and 2219 Fifth Street (Ocean Park Villas) based upon a 58-42 split of the surplus cash flow with an upfront payment to the City of $250,000; and
2. Adopt a finding that the action to approve the amended and restated Grant Deed and Option to Purchase is exempt from CEQA pursuant to CEQA Guidelines sections 15301, 15326, and 15061(b)(3).
GENDER-AFFIRMING
HEALTHCARE
4.E. Adoption of a Resolution Protecting Access to GenderAffirming Healthcare, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached resolution protecting access to gender-affirming healthcare and preventing city resources from assisting investigations into transgender, gender diverse, and intersex persons (“TGI”) and their healthcare.
MINUTES 4.H. Minutes of City Council - Regular Meeting - Feb 25, 2025 5:30 PM, were approved.
MINUTES 4.I. Minutes of City Council - Special Meeting - Mar 18, 2025 5:00 PM, were approved.
CAMPAIGN
CONTRIBUTION LIMITS
4.F. Introduction and First Reading of an Ordinance Amending Municipal Code Section 11.04.050 Concerning Limitations on Campaign Contributions, was held.
Recommended Action
Staff recommends the City Council introduce for first reading the Ordinance amending Section 11.04.050 concerning Limitations on Campaign Contributions.
Considerable discussion ensued on topics including, but not limited to changing the contribution limit to $1,200 and exploring the possibility of a voluntary expenditure cap.
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Motion by Councilmember Hall, seconded by Councilmember Zernitskaya, to adopt the staff recommendation with an amended contribution limit of $1,200. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick NOES: Mayor Pro Tem Torosis, Mayor Negrete
ABSENT: None
GIFT ACCEPTANCE
POLICY
4.G. Resolution Amending the Policy Regarding Acceptance of Gifts by Councilmembers, and Introduction and First Reading of an Ordinance Amending Municipal Code Section 2.32.290 Prohibiting Acceptance of Gratuities, was approved.
Recommended Action
Staff recommends the City Council consider the following to allow Councilmembers to accept tickets to events where they are attending in their official capacity in support of the City’s economic development efforts:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopting a Resolution amending the policy regarding
Councilmember’s acceptance of gifts.
3. Introduce for First Reading an Amendment to SMMC 2.32.290 prohibiting acceptance of gratuities.
Motion by Councilmember Zernitskaya, seconded by Councilmember Snell, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Zwick
Mayor Pro Tem Torosis, Mayor Negrete
NOES: Councilmember Hall
ABSENT: None
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 7:26 p.m., to consider Closed Sessions and returned at 9:30 p.m., with all members present, to report the following:
5.A. 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.
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5.B. Conference with real estate negotiator pursuant to Government Code § 54956.8: property: 1855 Main Street, Santa Monica, California (Civic Auditorium) (APN 4290-013-901); City negotiators: Jennifer Taylor, Economic Development Manager, and Nia Tang, Economic Development Administrator; owner of record: City of Santa Monica; persons to be negotiated with: Tim Sexton, Revitalization Partner Group, LLC; under negotiation: price and terms of payment for lease The City Attorney advised that Council approved execution of a DNA by a vote of 7-0 with all members present.
5.C. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Manager; Gov. Code § 54957.6: conference with labor negotiator; City negotiator:
Mayor/Personnel Director; unrepresented employee: City Manager The City Attorney advised this matter was heard with no reportable action taken.
5.D. Conference with real estate negotiator, Gov. Code § 54956.8:
Santa Monica Beach, 1550 Parking Lot (venue for L.A. Olympics 2028 beach volleyball); City Negotiators: Susan Cline, Assistant City Manager and Melissa Spagnuolo, Community Partnerships Manager; Venue Negotiators: Vic Nol, Director, Venue Cities Relations, Los Angeles Organizing Committee for the Olympic and Paralympic Games 2028; under negotiation: price and terms of payment
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): Renee Miller v. City; LASC # 24SMCV00279 [report out only]
The City Attorney advised that a settlement in the amount of $250,000.00 was approved at the March 11, 2025, Council meeting by a vote of 7-0 with all members present.
5.F. Conference with legal counsel – Potential initiation of litigation regarding federal grant funding freeze, Government Code § 54956.9(d)(4), The Sustainability Institute, et al. v. Donald J. trump et al., 2:25-cv-02152-RMG
This item was removed at the request of staff.
CITY MANAGER
REPORT
The City Manager Report was presented.
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REPORT ON COUNCIL
TRAVEL
Councilmember Zernitskaya reported that she traveled to Yosemite for the Civic Well Conference.
Councilmember Raskin reported that on March 14th he presented at the UC Davis School of Law Environmental Law Symposium on Sea Level Rise Mitigation.
Mayor Negrete reported that she traveled to Washington, DC the week of March 10th to attend the Nation League of Cities Conference.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Theresa Marasco and Karen Melick commented on Item 16.A.
Member of the public Theresa Marasco commented on Item 16.B.
Member of the public Theresa Marasco commented on Item 16.C.
STUDY SESSION:
WATER &
WASTEWATER RATE
STUDY
7.A. Five-Year Water and Wastewater Rate Study Session, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15273 of the CEQA Guidelines for the five-year water and wastewater rate study session; and
2. Provide direction and recommendations to staff regarding potential rate adjustments and rate structures for the ongoing five-year water and wastewater rate study.
Questions asked and answered of staff included: is the continuance of the low income assistance program and other ancillary programs projected in the budget; what are the risks of deferring maintenance; how much more could deferred maintenance possibly cost; what is the process for coming back to Council should the costs increase and how does the city know that rate percentages that are being increased now will be beneficial to make the 10 year project; and are the cost for repairs to damaged water meters due to Ficus tree roots built into the water rate increase and is this an ongoing issue.
Considerable discussion ensued on topics including, but not limited to the availability of an app for residents to monitor their water; the quality of the city’s water system resulting in it not being affected by the Palisades Fire; the benefits of selecting option 1 in the staff report; and the importance of having clean, safe potable water as the climate crisis intensifies.
Motion by Councilmember Snell, seconded by Councilmember Zernitskaya, to give direction to staff to implement option 1 of the staff report. The motion
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was unanimously approved by voice vote with all members present.
PUBLIC HEARINGS:
ECONOMIC RECOVERY
12.A. Introduction and First Reading of an Interim Zoning Ordinance Amending Downtown Interim Zoning Ordinance and Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61 Signs to Promote Economic Recovery by Increasing Land Use Flexibility in the City's Downtown and by Making Minor Changes to Signage in the Bayside Conservation District and Third Street Promenade Area, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities, 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduction for first reading of an Interim Zoning Ordinance Amending Interim Zoning Regulations Established to Promote Economic Recovery by Increasing Land Use Flexibility in the City’s Downtown Area and Establishing a Pilot Program to Allow for Exclusively Commercial Outdoor Uses in the Office Campus District to Allow Additional Flexibility Related to Community Assembly Uses in the Bayside Conservation District.
3. Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Chapter 9.61: Signs to Make Minor Changes for Signage in the Bayside Conservation District and Third Street Promenade Area to Promote Economic Recovery.
Member of the public Denise Barton, spoke to the recommended action.
Questions asked and answered of staff included: why is the city choosing make the width of digital signage to be 100% as opposed to 90%; concerns about the brightness of the signage and the time period; are there many multitenant commercial buildings that could have multiple animated digital signs; are there any best practices recommendations to angle the signs down to avoid light pollution; would the signs be permitted to have sound; is the size in this proposal smaller than what was previously allowed; is the proposal for the signs to only be permitted to face the Promenade; what is the advantage of this to remain temporary and not permanent; addressing concerns raised by the Fire Chief; and are the maximum brightness, ambient light, dimmable requirements, etc. in line with other shopping districts throughout the region.
Considerable discussion ensued on topics including, but not limited to the elimination of restrictions providing greater flexibility of uses for community assembly uses; creating safer spaces with the presence of more people in the streets; tying light hours to closing hours for safety concerns; the importance
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of facilitating economic opportunity and growth at the Promenade while also maintaining brightness standards; moving to make these temporary measures permanent; and the ability for the city or Downtown Santa Monica to coordinate special lighting events.
Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to adopt 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
TEMPORARY USE
PERMIT
REQUIREMENTS
12.B. Introduction and Adoption of Emergency Interim Zoning Ordinance Extending Interim Zoning Regulations Exempting City Projects From Temporary Use Permit Requirements During a Declared Local or State of Emergency, was presented.
Recommended Actions
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption), and exemption pursuant to 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce and Adopt an Emergency Interim Zoning Ordinance to Extend Interim Zoning Regulations Exempting Projects on CityOwned Property and that Use City Funds From Temporary Use Permit Requirements During a Declared Local or State of Emergency.
No members of the public spoke to the recommended action.
Motion by Councilmember Hall, seconded by Mayor Pro Tem Torosis, to introduce and adopt on first reading of the ordinance, reading by title only and waiving further reading thereof, and approve the staff recommendation.
The motion was approved unanimously by voice vote with all members present.
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.
RECREATION & PARKS
COMMISSION
16.A. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on June 30, 2028. (CONTINUED FROM 3/11/2025), was presented.
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On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Torosis nominated Karen Melick.
Councilmember Hall nominated Sonam Makker and Daniel Campbell.
Mayor Negrete nominated Jaleh Mirhashemi.
The rank choice votes were as follows:
Round 1
Councilmember Snell: Sonam Makker, Karen Melick, Daniel Campbell, Jaleh Mirhashemi
Councilmember Hall: Sonam Makker, Daniel Campbell, Karen Melick, Jaleh Mirhashemi
Councilmember Zwick: Sonam Makker, Daniel Campbell, Karen Melick, Jaleh Mirhashemi
Mayor Pro Tem Torosis: Karen Melick, Sonam Makker, Daniel Campbell, Jaleh Mirhashemi
Councilmember Zernitskaya: Karen Melick, Daniel Campbell, Sonam Makker, Jaleh Mirhashemi
Mayor Negrete: Jaleh Mirhashemi, Karen Melick, Daniel Campbell, Sonam Makker
Councilmember Raskin: Daniel Campbell, Karen Melick
Result: Jaleh Mirhashemi was eliminated.
Round 2
Councilmember Snell: Sonam Makker, Karen Melick, Daniel Campbell Councilmember Hall: Sonam Makker, Daniel Campbell, Karen Melick Councilmember Zwick: Sonam Makker, Daniel Campbell, Karen Melick Mayor Pro Tem Torosis: Karen Melick, Sonam Makker, Daniel Campbell Councilmember Zernitskaya: Karen Melick, Daniel Campbell, Sonam Makker
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Mayor Negrete: Karen Melick, Daniel Campbell, Sonam Makker, Jaleh Mirhashemi
Councilmember Raskin: Daniel Campbell, Karen Melick
Result: Daniel Campbell was eliminated.
Round 3
Councilmember Snell: Sonam Makker, Karen Melick
Councilmember Hall: Sonam Makker, Karen Melick
Councilmember Zwick: Sonam Makker, Karen Melick
Mayor Pro Tem Torosis: Karen Melick, Sonam Makker
Councilmember Zernitskaya: Karen Melick, Sonam Makker
Mayor Negrete: Karen Melick, Sonam Makker, Jaleh Mirhashemi Councilmember Raskin: Karen Melick, Daniel Campbell
Result: Karen Melick was appointed to the Recreation and Parks Commission.
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 3/11/2025), was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Hall nominated Yolanda Mickens and Belinda Phillips.
Councilmembers Zernitskaya, Snell, and Raskin voted for Belinda Phillips.
Councilmembers Hall, Zwick, Mayor Pro Tem Torosis, and Mayor Negrete voted for Yolanda Mickens.
Councilmembers Zernitskaya, Snell, and Raskin changed their votes to Yolanda Mickens, thereby appointing Yolanda Mickens by acclamation to the Housing Authority Board, with all members present.
MEASURE GS RESIDENT
OVERSIGHT
16.C. Appointments to eleven newly created seats on the Measure GS Resident Oversight Committee with five terms ending on June 30, 2026,
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COMMITTEE and six terms ending on June 30, 2028, was presented.
Motion made by Councilmember Hall, seconded by Mayor Pro Tem Torosis, to only seat a quorum of the committee (6 seats) at this time. The motion passed by unanimous voice vote, with all members present.
On order of the Mayor, the floor was opened for nominations.
Councilmember Hall nominated Wade Kelley and Renee Buchanan to fill the formerly homeless seat.
Mayor Negrete nominated Theresa Marasco to fill the formerly homeless seat.
The rank choice votes were as follows:
Round 1
Councilmember Snell: Wade Kelley, Rene Buchanan, Theresa Marasco Councilmember Zwick: Wade Kelley, Rene Buchanan
Councilmember Hall: Wade Kelley
Councilmember Raskin: Rene Buchanan, Wade Kelley, Theresa Marasco Mayor Pro Tem Torosis: Rene Buchanan, Wade Kelley
Councilmember Zernitskaya: Rene Buchanan, Wade Kelley
Mayor Negrete: Theresa Marasco, Rene Buchanan, Wade Kelley Result: Theresa Marasco was eliminated.
Round 2
Councilmember Snell: Wade Kelley, Rene Buchanan
Councilmember Zwick: Wade Kelley, Rene Buchanan
Councilmember Hall: Wade Kelley
Councilmember Raskin: Rene Buchanan, Wade Kelley
Mayor Pro Tem Torosis: Rene Buchanan, Wade Kelley
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Councilmember Zernitskaya: Rene Buchanan, Wade Kelley
Mayor Negrete: Rene Buchanan, Wade Kelley, Theresa Marasco Result: Renee Buchanan was appointed to the Measure GS Oversight Committee.
Councilmember Hall nominated Wade Kelley to fill the deed-restricted unit seat.
Wade Kelley was appointed to the Measure GS Oversight Committee unanimously by voice vote, with all members present.
Councilmember Hall nominated Michael Soloff, Amy Anderson, Anujan Jeevaprakash, and David Goltsman to fill the any income seats.
Councilmember Zwick nominated Bruce Wessel to fill the any income seats.
The rank choice votes were as follows:
Round 1
Mayor Pro Tem Torosis: Amy Anderson, Michael Soloff, Anujan Jeevaprakash, David Goltsman
Councilmember Zernitskaya: Amy Anderson, Michael Soloff, Bruce Wessel, David Goltsman, Anujan Jeevaprakash
Councilmember Zwick: Amy Anderson, Michael Soloff, Bruce Wessel Councilmember Hall: Michael Soloff, Anujan Jeevaprakash, Amy Anderson, David Goltsman, Bruce Wessel
Mayor Negrete: Bruce Wessel, Amy Anderson, David Goltsman, Anujan Jeevaprakash, Michael Soloff
Councilmember Snell: Michael Soloff, Amy Anderson, Bruce Wessel, Anujan Jeevaprakash, David Goltsman
Councilmember Raskin: Michael Soloff, Amy Anderson
Result: Amy Anderson was appointed to the Measure GS Oversight Committee
Round 2
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Mayor Pro Tem Torosis: Michael Soloff, Anujan Jeevaprakash, David Goltsman, Amy Anderson
Councilmember Zernitskaya: Michael Soloff, Bruce Wessel, David Goltsman, Anujan Jeevaprakash, Amy Anderson
Councilmember Zwick: Michael Soloff, Bruce Wessel, Amy Anderson Councilmember Hall: Michael Soloff, Anujan Jeevaprakash, David Goltsman, Bruce Wessel
Mayor Negrete: Bruce Wessel, David Goltsman, Anujan Jeevaprakash, Michael Soloff
Councilmember Snell: Michael Soloff, Bruce Wessel, Anujan Jeevaprakash, David Goltsman
Councilmember Raskin: Michael Soloff
Result: Michael Soloff was appointed to the Measure GS Oversight Committee
Round 3
Mayor Pro Tem Torosis: Anujan Jeevaprakash, David Goltsman, Amy Anderson, Michael Soloff
Councilmember Zernitskaya: Bruce Wessel, David Goltsman, Anujan Jeevaprakash, Amy Anderson, Michael Soloff
Councilmember Zwick: Bruce Wessel, Amy Anderson, Michael Soloff Councilmember Hall: Anujan Jeevaprakash, David Goltsman, Bruce Wessel, Michael Soloff
Mayor Negrete: Bruce Wessel, David Goltsman, Anujan Jeevaprakash, Michael Soloff
Councilmember Snell: Bruce Wessel, Anujan Jeevaprakash, David Goltsman, Michael Soloff
Councilmember Raskin: Michael Soloff
Result: Bruce Wessel was appointed to the Measure GS Oversight Committee
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Round 4
Mayor Pro Tem Torosis: Anujan Jeevaprakash, David Goltsman, Amy Anderson, Michael Soloff
Councilmember Zernitskaya: David Goltsman, Anujan Jeevaprakash, Amy Anderson, Michael Soloff, Bruce Wessel
Councilmember Zwick: Amy Anderson, Michael Soloff, Bruce Wessel Councilmember Hall: Anujan Jeevaprakash, David Goltsman, Michael Soloff
Mayor Negrete: David Goltsman, Anujan Jeevaprakash, Bruce Wessel Councilmember Snell: Anujan Jeevaprakash, David Goltsman, Michael Soloff, Bruce Wessel
Councilmember Raskin: Michael Soloff
Result: Anujan Jeevaprakash was appointed to the Measure GS Oversight Committee
HUMAN SERVICES
COMMISSION
16.D. Appointment to one unscheduled vacancy on the Human Services Commission for a term ending on June 30, 2025, was presented.
On order of the Mayor, the floor was opened for nominations.
Mayor Pro Tem Torosis nominated Kevin Glover.
Kevin Glover was appointed to the Human Services Commission unanimously by voice, with all members present.
ARCHITECTURAL
REVIEW BOARD
16.E. Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending on June 30, 2027, was presented.
On order of the Mayor, the floor was opened for nominations.
Councilmember Zwick nominated Qianyu Li.
Councilmember Raskin nominated Howard Laks.
Councilmembers Zwick, Hall, Snell, Zernitskaya, Mayor Pro Tem Torosis, and Mayor Negrete voted for Qianyu Li.
Councilmember Raskin voted for Howard Laks.
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Councilmember Raskin changed their vote to Qianyu Li, thereby appointing Qianyu Li unanimously by acclamation to the Architectural Review Board, with all members present.
TRAVEL FUNDS 16.F. Request by Mayor Negrete that the City Council authorize the use of travel funds to participate in the 50th Anniversary of Sister Cities in Japan up to an amount of $4,000, was approved.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Zernitskaya, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
BUILDING CODE
UPDATE
16.G. Request of Councilmembers Zwick, Hall and Raskin that the City Manager, in conjunction with the Building Official and Fire Chief and as part of the City’s 2025 Building Code Update, return to Council with proposed modifications including aligning the City’s definition of a high-rise building with the Statewide definition as set forth in Health and Safety Code Section 13210(b) and establishing an Alternative Means/Methods for the construction of single-stairwell multifamily unit residential buildings up to six stories, was approved.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Zernitskaya, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:06 p.m.
ATTEST: APPROVED:
Nikima S. Newsome Lana Negrete
City Clerk Mayor
4.M.a
Packet Pg. 592 Attachment: Minutes 3-25-2025 (7044 : Council Minutes (1 min)) Candidates: 4 | Votes: 7
Round 1 votes
Barry Snell: Makker, Sonam Melick, Karen Campbell, Daniel Mirhashemi, Jaleh A.
Dan Hall: Makker, Sonam Campbell,
Daniel
Melick, Karen Mirhashemi, Jaleh A.
Jesse Zwick: Makker, Sonam Campbell,
Daniel
Melick, Karen Mirhashemi, Jaleh A.
Caroline Torosis: Melick, Karen Makker, Sonam Campbell, Daniel Mirhashemi, Jaleh A.
Natalya
Zernitskaya:
Melick, Karen Campbell,
Daniel
Makker, Sonam Mirhashemi, Jaleh A.
Lana Negrete: Mirhashemi, Jaleh
A.
Melick, Karen Campbell, Daniel Makker, Sonam
Ellis Raskin: Campbell, Daniel Melick, Karen
Makker, Sonam = 3
Melick, Karen = 2
Mirhashemi, Jaleh A. = 1
Campbell, Daniel = 1
Fewest votes won by a candidate = 1.
Number of candidates with the fewest votes = 2.
Weighted tiebreaker loser is Mirhashemi, Jaleh A..
Mirhashemi, Jaleh A. is eliminated. If other candidates have no votes, they will also be eliminated.
4.M.b
Packet Pg. 593 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Round 2 votes
Barry Snell: Makker, Sonam Melick, Karen Campbell, Daniel Dan Hall: Makker, Sonam Campbell,
Daniel
Melick, Karen
Jesse Zwick: Makker, Sonam Campbell,
Daniel
Melick, Karen
Caroline Torosis: Melick, Karen Makker, Sonam Campbell, Daniel Natalya
Zernitskaya:
Melick, Karen Campbell,
Daniel
Makker, Sonam
Lana Negrete: Melick, Karen Campbell,
Daniel
Makker, Sonam Mirhashemi, Jaleh A.
Ellis Raskin: Campbell,
Daniel
Melick, Karen
Melick, Karen = 3
Makker, Sonam = 3
Campbell, Daniel = 1
Mirhashemi, Jaleh A. = 0
Fewest votes won by a candidate = 1.
Number of candidates with the fewest votes = 1.
Campbell, Daniel is eliminated. If other candidates have no votes, they will also be eliminated.
4.M.b
Packet Pg. 594 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Round 3 votes
Barry Snell: Makker,
Sonam
Melick, Karen
Dan Hall: Makker,
Sonam
Melick, Karen
Jesse Zwick: Makker,
Sonam
Melick, Karen
Caroline Torosis: Melick, Karen Makker, Sonam
Natalya
Zernitskaya:
Melick, Karen Makker, Sonam
Lana Negrete: Melick, Karen Makker, Sonam Mirhashemi, Jaleh A.
Ellis Raskin: Melick, Karen Campbell,
Daniel
Melick, Karen = 4
Makker, Sonam = 3
Mirhashemi, Jaleh A. = 0
Campbell, Daniel = 0
Most votes currently held by a candidate = 4.
Number of candidates with the greatest number of votes = 1.
Melick, Karen has exceeded the quota and is elected. If there are seats remaining to be filled, the surplus will now be reallocated.
The election is complete and the elected candidates are (Melick, Karen).
4.M.b
Packet Pg. 595 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Detailed Results
Candidates: 5 | Seats: 5 | Votes: 7 | Quota: 1.17
Round 1 votes
Caroline Torosis: Anderson,
Amy
Soloff, Michael Jeevaprakash, Anujan Wessel, Bruce Goltsman, David vote-value = 1 Natalya
Zernitskaya:
Anderson,
Amy
Soloff, Michael Wessel, Bruce Goltsman, David Jeevaprakash, Anujan vote-value = 1 Jesse Zwick: Anderson,
Amy
Soloff, Michael Wessel, Bruce vote-value = 1
Dan Hall: Soloff,
Michael
Jeevaprakash,
Anujan
Anderson, Amy Goltsman, David Wessel, Bruce vote-value = 1 Lana Negrete: Wessel, Bruce Anderson, Amy Goltsman, David Jeevaprakash, Anujan Soloff, Michael vote-value = 1 barry snell: Soloff,
Michael
Anderson, Amy Wessel, Bruce Jeevaprakash, Anujan Goltsman, David vote-value = 1 Ellis Raskin: Soloff,
Michael
Anderson, Amy vote-value = 1
Soloff, Michael = 3
Anderson, Amy = 3
Wessel, Bruce = 1
Goltsman, David = 0
Jeevaprakash, Anujan = 0
Most votes currently held by a candidate = 3.
Number of candidates with the greatest number of votes = 2.
Weighted tiebreaker says the first surplus to be re-allocated is Anderson, Amy.
Anderson, Amy has exceeded the quota and is elected. If there are seats remaining to be filled, the surplus will now be reallocated.
4.M.b
Packet Pg. 596 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Round 2 votes
Caroline Torosis: Soloff,
Michael
Jeevaprakash, Anujan Wessel, Bruce Goltsman, David Anderson, Amy
vote-value = 0.61
Natalya
Zernitskaya:
Soloff,
Michael
Wessel, Bruce Goltsman, David Jeevaprakash, Anujan Anderson, Amy
vote-value = 0.61
Jesse Zwick: Soloff,
Michael
Wessel, Bruce Anderson, Amy vote-value = 0.61
Dan Hall: Soloff,
Michael
Jeevaprakash, Anujan Goltsman, David Wessel, Bruce vote-value = 1 Lana Negrete: Wessel, Bruce Goltsman, David Jeevaprakash, Anujan Soloff, Michael vote-value = 1 barry snell: Soloff,
Michael
Wessel, Bruce Jeevaprakash, Anujan Goltsman, David vote-value = 1 Ellis Raskin: Soloff,
Michael
vote-value = 1
Soloff, Michael = 4.83
Wessel, Bruce = 1
Goltsman, David = 0
Jeevaprakash, Anujan = 0
Anderson, Amy = 0
Most votes currently held by a candidate = 4.83.
Number of candidates with the greatest number of votes = 1.
Soloff, Michael has exceeded the quota and is elected. If there are seats remaining to be filled, the surplus will now be reallocated.
4.M.b
Packet Pg. 597 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Round 3 votes
Caroline Torosis: Jeevaprakash,
Anujan
Wessel, Bruce Goltsman, David Anderson, Amy Soloff, Michael vote-value =
0.4622
Natalya
Zernitskaya:
Wessel, Bruce Goltsman, David Jeevaprakash, Anujan Anderson, Amy Soloff, Michael vote-value =
0.4622
Jesse Zwick: Wessel, Bruce Anderson, Amy Soloff, Michael vote-value =
0.4622
Dan Hall: Jeevaprakash,
Anujan
Goltsman, David Wessel, Bruce Soloff, Michael vote-value =
0.7578
Lana Negrete: Wessel, Bruce Goltsman, David Jeevaprakash, Anujan vote-value = 1 barry snell: Wessel, Bruce Jeevaprakash, Anujan Goltsman, David Soloff, Michael vote-value =
0.7578
Ellis Raskin: Soloff, Michael vote-value = 0
Wessel, Bruce = 2.6822
Jeevaprakash, Anujan = 1.22
Goltsman, David = 0
Soloff, Michael = 0
Anderson, Amy = 0
Most votes currently held by a candidate = 2.6822.
Number of candidates with the greatest number of votes = 1.
Wessel, Bruce has exceeded the quota and is elected. If there are seats remaining to be filled, the surplus will now be reallocated.
4.M.b
Packet Pg. 598 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Round 4 votes
Caroline Torosis: Jeevaprakash,
Anujan
Goltsman, David Anderson, Amy Soloff,
Michael
vote-value = 0.4622
Natalya
Zernitskaya:
Goltsman, David Jeevaprakash, Anujan Anderson, Amy Soloff, Michael
Wessel,
Bruce
vote-value = 0.2934
Jesse Zwick: Anderson, Amy Soloff, Michael Wessel, Bruce vote-value = 0 Dan Hall: Jeevaprakash,
Anujan
Goltsman, David Soloff, Michael vote-value = 0.7578
Lana Negrete: Goltsman, David Jeevaprakash, Anujan Wessel, Bruce vote-value = 0.6346 barry snell: Jeevaprakash,
Anujan
Goltsman, David Soloff, Michael Wessel,
Bruce
vote-value = 0.4809
Ellis Raskin: Soloff, Michael vote-value = 0
Jeevaprakash, Anujan = 1.7009
Goltsman, David = 0.928
Wessel, Bruce = 0
Soloff, Michael = 0
Anderson, Amy = 0
Most votes currently held by a candidate = 1.7009.
Number of candidates with the greatest number of votes = 1.
Jeevaprakash, Anujan has exceeded the quota and is elected. If there are seats remaining to be filled, the surplus will now be reallocated.
4.M.b
Packet Pg. 599 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Detailed Results
Candidates: 3 | Votes: 7
Round 1 votes
barry snell: Kelley, Wade Buchanan, Rene JMarasco, Theresa Jesse Zwick: Kelley, Wade Buchanan, Rene J
Dan Hall: Kelley, Wade
Ellis Raskin: Buchanan, Rene JKelley, Wade Marasco, Theresa Caroline Torosis: Buchanan, Rene JKelley, Wade
Natalya
Zernitskaya:
Buchanan, Rene JKelley, Wade
Negrete: Marasco,
Theresa
Buchanan, Rene JKelley, Wade
Buchanan, Rene J = 3
Kelley, Wade = 3
Marasco, Theresa = 1
Fewest votes won by a candidate = 1.
Number of candidates with the fewest votes = 1.
Marasco, Theresa is eliminated. If other candidates have no votes, they will also be eliminated.
4.M.b
Packet Pg. 600 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 Round 2 votes
barry snell: Kelley, Wade Buchanan, Rene
J
Jesse Zwick: Kelley, Wade Buchanan, Rene
J
Dan Hall: Kelley, Wade
Ellis Raskin: Buchanan, Rene
J
Kelley, Wade
Caroline Torosis: Buchanan, Rene
J
Kelley, Wade
Natalya
Zernitskaya:
Buchanan, Rene
J
Kelley, Wade
Negrete: Buchanan, Rene
J
Kelley, Wade Marasco, Theresa
Buchanan, Rene J = 4
Kelley, Wade = 3
Marasco, Theresa = 0
Most votes currently held by a candidate = 4.
Number of candidates with the greatest number of votes = 1.
Buchanan, Rene J has exceeded the quota and is elected. If there are seats remaining to be filled, the surplus will now be reallocated.
The election is complete and the elected candidates are (Buchanan, Rene J).
4.M.b
Packet Pg. 601 Attachment: Supplement to 3-25-2025 Minutes (Rank Choice Voting Results) (7044 : Council Minutes (1 1 April 8, 2025
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 8, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:31 p.m., on Tuesday, April 8, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, California and a teleconference site at The Diplomat Beach Resort, 3555 S. Ocean Drive, Hollywood, Florida.
Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Jesse Zwick
Councilmember Dan Hall (arrived remotely at 6:21 p.m.)
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: Interim City Manager Elaine Polachek
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 except Councilmember Hall. Councilmember Raskin 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 Mayor Pro Tem Torosis.
LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a
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DISCLOSURE 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.
Councilmember Zernitskaya reported that she would be recusing from Item
5.B. in accordance with the Levine Act.
AGENDA
MANAGEMENT
Motion by Councilmember Zernitskaya, seconded by Mayor Negrete, to hear Special Agenda Items prior to hearing public input. The motion was approved by unanimous voice vote with all members present except Councilmember Hall.
Motion by Councilmember Snell, seconded by Mayor Pro Tem Torosis, to limit public input from two minutes to one minute per speaker. The motion failed by a vote of 2–4 with Councilmember Snell and Mayor Pro Tem Torosis voting in the affirmative and Councilmembers Zernitskaya, Raskin, Zwick, and Mayor Negrete voting against the motion.
GENERAL PUBLIC
INPUT:
Councilmember Hall arrived
at 6:21 PM
Members of the public Sharon Reyes, John Alle, Derrick Townsend, Denise Barton, Daniel Alonzo, Aaron Garcia, David Singerman, Jerry Rubin, Loria Roberson, Brian Bland, Zina Josephs, Johnathan Foster, Karen Croner, Whitney Bain, Steve Hochman, Susan Hayden, Dana Newman, Lucien Plauzoles, Nazaneen Habib, Ashley Oelsen, Clare Thomas, Roberta Brown, Ellen Mark, Judith Meister, John Lucek, Nicole Kolhoff, David Morris, Orlando Valdez, Zoe Muntaner, and Heather Thomason commented on various local issues.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
2.A. Proclamation: Earth Day, was presented.
2.B. Commendation: Holocaust Survivors, was presented.
PUBLIC INPUT FOR
SPECIAL AGENDA
ITEMS, CONSENT
CALENDAR AND
CLOSED SESSION ONLY:
No member of the public commented on Closed Session items.
No members of the public commented on Special Agenda items.
Members of the public Denise Barton and Zoe Muntaner commented on consent calendar items.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
4.M.c
Packet Pg. 603 Attachment: Minutes 4-08-2025 (7044 : Council Minutes (1 min)) 3 April 8, 2025
Councilmember for discussion.
At the request of Councilmember Zwick, Item 4.B. was removed from the Consent Calendar.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Snell, to approve the Consent Calendar except for Item 4.B., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ANNUAL
COMPREHENSIVE
FINANCIAL REPORT
4.A. Annual Comprehensive Financial Report (ACFR) for Year Ended June 30, 2024, was approved.
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.
SUSTAINABLE
COMMUNITIES
PLANNING GRANT
4.B. Adoption of Sustainable Communities Planning Grant Resolution for the Santa Monica Neighborhood Greenways Quick-build project, was adopted.
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.M.c
Packet Pg. 604 Attachment: Minutes 4-08-2025 (7044 : Council Minutes (1 min)) 4 April 8, 2025
INVENTORY AND
LOGISTICS
MANAGEMENT
4.C. Approval of First Modification to Agreement with Genuine Parts Company (dba NAPA Auto Parts) for Parts Room Inventory and Logistics Management, 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; 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.
TRACT MAP 4.D. Adoption of a Resolution Approving Final Parcel Map No. 84333 for the Subdivision of 1230 Ashland Avenue, was adopted.
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.
CAMPAIGN
CONTRIBUTION
LIMITATIONS
4.E. Second Reading and Adoption of an Ordinance Amending Municipal Code Section 11.04.050 Concerning Limitations on Campaign Contributions, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
GRATUITIES
ACCEPTANCE
4.F. Second Reading and Adoption of an Ordinance Amending Municipal Code Section 2.32.290 Prohibiting Acceptance of Gratuities, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
REAL ESTATE
BROKERAGE SERVICES
4.G. Award As-Needed Agreement to CBRE Brokerage Services to Sell City-Owned Properties at 1632-40 5th Street and 1654 19th Street,
4.M.c
Packet Pg. 605 Attachment: Minutes 4-08-2025 (7044 : Council Minutes (1 min)) 5 April 8, 2025
was approved.
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.
INTERIM ZONING
ORDINANCE
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, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
TEMPORARY STAFFING 4.I. Authorize the Procurement Manager to Issue Purchase Orders to Temporary Staffing Agencies, was approved.
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.M.c
Packet Pg. 606 Attachment: Minutes 4-08-2025 (7044 : Council Minutes (1 min)) 6 April 8, 2025
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.
MINUTES 4.J. Minutes of the City Council - Regular and Special Meeting - Feb 11, 2025 5:30 PM, were approved.
MINUTES 4.K. Minutes of the City Council - Regular Meeting - Mar 11, 2025 5:30 PM, were approved.
MINUTES 4.L. Minutes of the City Council - Special Meeting - Mar 11, 2025 5:35 PM, were approved.
SUSTAINABLE
COMMUNITIES
PLANNING GRANT
4.B. Adoption of Sustainable Communities Planning Grant Resolution for the Santa Monica Neighborhood Greenways Quick-build project, was adopted.
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.
Councilmember Zwick voiced his enthusiasm and appreciation for the item.
Motion by Councilmember Zwick, seconded by Councilmember Snell, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
CLOSED SESSIONS
Councilmember Zernitskaya
excused at 7:40 P.M.
On order of the Mayor, the City Council recessed at 7:10 p.m., to consider Closed Sessions and returned at 8:15 p.m., with all members present, 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:
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Packet Pg. 607 Attachment: Minutes 4-08-2025 (7044 : Council Minutes (1 min)) 7 April 8, 2025
Mayor/Personnel Director; unrepresented employee: City Manager The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel – initiation of litigation – Gov.
Code § 54956.9(d)(4): 1 case
The City Attorney advised this matter was heard with no reportable action taken.
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)
This item was pulled at the request of staff.
CITY MANAGER
REPORT
The City Manager Report was presented.
REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton, Johnathan Foster, and Amy Gottstein commented on Item 10.A.
Member of the public Hajar Muqtasid St. Claire commented on Item 16.A.
Members of the public Zoe Muntaner, Heather Thomason, and Nikki Kolhoff commented on Item 16.B.
Members of the public Johnathan Foster, Nikki Kolhoff, and Alex Brown commented on Item 16.C.
Members of the public Denise Barton, Nikki Kolhoff, and Clare Thomas commented on Item 16.D.
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Members of the public Heather Thomason, Elizabeth Van Denburgh, Kathy Knight, Nikki Kolhoff, Denny Zane, Tricia Crane, Clare Thomas, Denise Neal, and Hajar Muqtasid St. Claire commented on Item 16.E.
Members of the public Heather Thomason, Elizabeth Van Denburgh, Kathy Knight, Nikki Kolhoff, Denny Zane, Tricia Crane, Clare Thomas, Denise Neal, and Hajar Muqtasid St. Claire commented on Item 16.F.
ORDINANCES:
PUBLIC NUISANCE
ABATEMENT AND
ADMINISTRATIVE
CITATION CODES
10.A. Introduction and First Reading of Ordinance Updating Public Nuisance Abatement and Administrative Citation Codes, 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; 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.
The City Attorney amended the ordinance on the floor as follows:
Section 2 of the draft ordinance under the definition of “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, should be stricken in the draft.
Questions asked and answered of staff included: can the department accomplish all that is proposed in this ordinance with existing resources while also enforcing what is already on the books; has their been a good collaborative relationship with the City Attorney’s Office; are there additional resources needed from the City Attorney’s Office; is the City able to take as aggressive of action needed on any of the code cases that are referred for action; before these amendments was there no delegated authority to administer correctable citations; was this initiated at the request of Council as a result of calls for service ordinance; could it be a standard for vacant properties; how can persistent concerns be cataloged; how can it be ensured that persistent violators are escalated; could persistent violators be
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brought to the attention of Council; are sufficient deterrent measures being implemented; how are complaints triaged and prioritized; how can cases be better reported for tracking from open to close; is there any update from the CAO concerning leveraging penalties; are there metrics to determine areas of success and what are the key indicators; how is animal neglect being defined; are there escalating late fees on citations; do uncollected fines get sent to collections; would this apply to landlords who have violations at multiple locations; how is it being ensured that residents are being protected or getting assistance when relocation is necessary; is the City able to recover payment from illegal home shares; why did it take so long to handle the issues at the Pavillion Motel; would it be beneficial to put Code Enforcement under the CAO; are chronic nuisances being prioritized; is there a prohibition from a property owner or the owner’s designee imposing a penalty on a tenant; and when does Code Enforcement handle nuisance calls concerning alcohol use outside of businesses.
Considerable discussion ensued on topics including, but not limited to kudos to Code Enforcement and Building and Safety; concerns about having the necessary resources to ensure these amendments can be implemented and enforced; three categories of concern in ensuring the laws are upheld including enforcement, record keeping, and manners and methods by which cases are escalated for additional intervention; legal constraints when it comes to specific standards to declare properties a nuisance or otherwise; concerns about citations being sent to collection agencies and potentially impacting the credit ratings of lower income residents; concerns about particular buildings in the city with obvious code enforcement issues that have not been addressed in many years; and noting that historically anti-loitering laws were used to unfairly target members of marginalized communities and ensuring that does not occur with the addition of anti-loitering measures in this ordinance.
Direction was provided to staff to collaborate with the Rent Control Board with implementation.
Motion by Mayor Pro Tem Torosis, seconded by Councilmember Zwick, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, as amended by the City Attorney. 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
SPECIAL JOINT
MEETING
On order of the Mayor the City Council convened to a special meeting of the Housing Authority at 10:07 p.m., with all members present.
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PUBLIC HEARINGS:
SANTA MONICA
HOUSING AUTHORITY
PLANS
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, was presented.
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)
6. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Member of the public Denise Neal spoke to the recommended action.
Question asked and answered of staff included how many members of the public/voucher holders participated in this process and how did it compare to previous years.
Motion by Chair Pro Tem Torosis, seconded by Authority Member Raskin, to adopt staff recommendations 1, 3, 4, 5, and 6. The motion was approved by the following vote:
AYES: Authority Members Muqtasid St. Claire, Zwick, Hall, Raskin, Snell, Zernitskaya
Chair Pro Tem Torosis, Chair Negrete
NOES: None
ABSENT: None
Motion by Chair Pro Tem Torosis, seconded by Authority Member Zernitskaya, to adopt staff recommendation 2. The motion was approved by the following vote:
AYES: Authority Members Zernitskaya, Snell, Raskin, Hall, Zwick Chair Pro Tem Torosis, Chair Negrete
NOES: Authority Member Muqtasid St. Claire
ABSENT: None
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ADJOURNMENT OF
SPECIAL MEETING
On order of the Chair, the special meeting was adjourned at 10:23 p.m., and the regular meeting of the City Council, was reconvened with all members present.
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.C., 16.D., 16.E., and 16.F. were removed and considered separately in accordance with Council Rule 6(x)
HOUSING AUTHORITY
BOARD
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, was approved.
Councilmember Hall nominated Belinda Phillips.
Belinda Phillips was appointed by unanimous roll call vote, with all members present.
MEASURE K/PSK FUNDS 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, was approved.
Motion made by Mayor Negrete, seconded by Mayor Pro Tem Torosis, to approve the item with direction to use existing resources without using Measure K/PSK funding, if available. The motion was approved by unanimous roll call vote with all members present.
SANTA MONICA BEACH
NIGHT TIME CURFEW
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, was presented.
Considerable discussion ensued on topics including, but not limited to public safety concerns and liabilities; the legality of imposing a total closure of the beach or night time curfew based on previous conversations with the Coastal Commission; proposing a curfew or closure in specific locations such as near the Pier; ensuring unhoused people aren’t targeted by such measures; collecting data as to the most dangerous locations on the beach at night;
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consideration of a pilot program; and pursuing options short of a total closure of the beach at night.
Motion made by Mayor Negrete, seconded by Councilmember Zernitskaya, to approve the item with direction to staff to contact the Coastal Commission to pursue options. The motion was passed by the following vote:
AYES: Councilmembers Zwick, Hall, Snell, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ABSTAIN: Councilmember Raskin
HYBRID WORKPLACE
POLICY
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, was presented.
Considerable discussion ensued on topics including, but not limited to concerns with how this will affect labor negotiations and staff morale and retention and work life balance opportunities afforded by hybrid workplace policies.
Motion made by Mayor Negrete, seconded by Councilmember Snell, to approve the item. The motion was passed by unanimous roll call vote with all members present.
SB 79 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), was presented.
Items 16.E. and 16.F. were considered simultaneously.
Considerable discussion ensued on topics including, but not limited to ramifications of endorsing or not endorsing the bills early; concerns that staff haven’t had the opportunity to analyze the bills yet and they have not had a
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committee hearing yet; proposing amendments to the bills prior to taking a support position; the ability for individual Councilmembers to send their own letters of support; and whether the mayor is required to sign off on a support letter.
Motion made by Councilmember Zwick, seconded by Councilmember Snell, to table the item until a staff analysis is received. The motion was passed by a roll call vote of 6–1 with Mayor Negrete voting against the item.
SB 677 16.F. 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), was presented.
Items 16.E. and 16.F. were considered simultaneously.
Motion made by Councilmember Zwick, seconded by Councilmember Snell, to table the item until a staff analysis is received. The motion was passed by a roll call vote of 6–1 with Mayor Negrete voting against the item.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:23 p.m. in memory of Jay Arthur Rosenblum.
ATTEST: APPROVED:
Nikima S. Newsome Lana Negrete
City Clerk Mayor
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Report
City Council Meeting: April 22, 2025
Agenda Item: 5.E
1 of 1
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 22, 2025
Agenda Item: 10.A
1 of 10
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Introduction and Adoption of an Emergency Ordinance Adding Chapter 6.43 and Amending Section 4.08.200 Relating to the Third Street Promenade Entertainment Zone Pilot Program
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce and Adopt an Emergency Ordinance Adding Chapter 6.43 and Amending Section 4.08.200 to the Santa Monica Municipal Code Relating to the Entertainment Zone Pilot Program to Promote Economic Recovery.
Summary
As part of the City’s focus on economic recovery, City Council has adopted numerous emergency ordinances to support Santa Monica’s existing businesses while drawing new businesses into the City. These ordinances have included, but are not limited to, the relaxation of land use restrictions, permit streamlining including simplifying alcohol permits for new restaurants with relaxed operating requirements, and adoption of the Santa Monica Outdoors Program authorizing street parklets and use of outdoor private space for commercial activity. While many of these recent ordinances to simplify requirements have been implemented citywide, there has been a particular focus on Santa Monica’s downtown and the Third Street Promenade area.
In its ongoing efforts to promote economic recovery and growth downtown, on October 22, 2024, Council directed the City Attorney and City Manager to “review and analyze State Senate Bill 969 (SB 969), which Governor Gavin Newsom had recently signed,
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and with due speed take all necessary steps and draft all necessary ordinances and policies that would allow the establishment of an “entertainment zone” (as that term is defined in California State Senate Bill 969) on the Third Street Promenade in Downtown Santa Monica.” Since then, the City Planning Division has consulted with other City departments, Downtown Santa Monica, Inc. (DTSM), and the California Department of Alcohol Beverage Control (ABC), to draft an ordinance establishing an entertainment zone on the Third Street Promenade. This pilot program is being structured around permitted events to allow the service of alcohol within the entertainment zone, with the goal of holding the first event in conjunction with Pride on the Promenade in June 2025.
At the request of the Santa Monica’s Chief of Police, the new ordinance is proposed as a one-year pilot program allowing Staff to assess the success of the entertainment zone and revise implementation if necessary.
This report provides background on SB 969 as it allows the creation of an entertainment zone, lessons learned from the City of San Francisco and that jurisdiction’s experience establishing an entertainment zone, requirements for enacting the ordinance, and staff’s proposed implementation plan. Staff also poses a policy question regarding the implementation of the entertainment zones for Council consideration.
The establishment of an entertainment zone on the Third Street Promenade, guided by the framework of SB 969 and informed by the experiences of San Francisco, presents a significant opportunity for Santa Monica to continue fostering economic recovery in its downtown area. By creating a vibrant and engaging public space where families can gather and adults can responsibly enjoy alcoholic beverages purchased from local businesses, the City can attract more visitors, increase foot traffic, and boost spending at Promenade establishments
Discussion
Background on SB 969
Signed by Governor Newsom on September 28, 2024, SB 969 allows local governments to create entertainment zones where on-sale alcohol licenses (i.e. restaurants and bars) can sell alcohol to-go for consumption in designated public
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spaces. The program built on 2023’s Senate Bill 76, which permitted entertainment zones exclusively in the City of San Francisco, where a successful pilot program focused on Downtown’s Front Street, prompted Senator Wiener to push for a statewide expansion.
The bill empowers local governments to designate specific areas for public alcohol consumption, including streets, sidewalks, and public rights-of-way. It also requires cities and counties to implement procedures for clearly marking zone boundaries, verifying participants’ ages, and sharing operational parameters with the ABC.
Businesses within these areas can sell alcohol in open containers for public consumption pursuant to established entertainment zone procedures in addition to allowances and limitations of their respective ABC licenses and local land use entitlements.
Since the passing of SB 969, San Francisco’s Front Street Entertainment Zone has held events tied to holidays including Halloween and Saint Patrick’s Day, with programming such as live music and games to help draw crowds. One participating business, Harrington’s Bar and Grill, reported an increase in sales of 1,500% during Front Street’s inaugural event. In addition to Front Street, the City of San Francisco has established three other entertainment zones at Chase Center, Harland Place, and Cole Valley. The San Francisco Board of Supervisors is reviewing requests to create two additional zones in the Castro District and Union Street.
Lessons Learned from San Francisco
Having established an entertainment zone on Front Street under prior legislation, San Francisco’s experience has provided useful lessons learned for implementation in Santa Monica. One lesson learned from San Francisco is the importance of adaptability through the establishment of an administrative Management Plan to govern the standards and requirements of an entertainment zone instead of codifying such provisions into an Ordinance. Establishment of administrative regulations and Management Plan for the program allows immediate changes to requirements resulting in greater responsiveness and adaptability to quickly address evolving needs,
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unforeseen challenges, and to accommodate novel events without frequent legislative amendments.
San Francisco's experience also highlights that entertainment zones are most successful when community partners are involved and sufficiently resourced to effectively manage and implement these events. Additionally, San Francisco stressed that proper programming of entertainment zone events is key to success but achieving that success comes with a substantial financial cost. By crafting an Ordinance and Management Plan, allowing promotional advertising, streamlined approval, and potential self-certification of permits, event organizers will be better enabled to manage logistics associated with running their reoccurring events with the additional benefits of an entertainment zone.
Furthermore, San Francisco's efforts to focus multiple City departments on a single review process created a well-coordinated approach that helped avoid conflicts, streamline the application process, and ensured the entertainment zone operates within the broader regulatory framework of the City.
Requirements of State Law
Ordinance
Pursuant to SB 969, to establish an entertainment zone on the Third Street Promenade, staff recommends the City Council to adopt the attached ordinance adding Chapter
6.43, Entertainment Zone Pilot Program, in Article 6 of the Santa Monica Municipal Code (SMMC) that provides for the following:
• Clearly defined geographical boundaries of the entertainment zone; • Operating hours during which an entertainment zone may be activated; and • Types of alcohol to be served.
In addition to adopting a new ordinance to activate the ability to establish an entertainment zone, amendments to SMMC Section 4.08.200, Drinking Upon Public
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Property, must be made to create an exception for the entertainment zone during its operating hours.
Management Plan
A comprehensive Management Plan created in coordination with an inter-departmental team led by City Planning including Police, Fire, City Attorney, Public Works (including RRR), Mobility, Building & Safety, Economic Development, and Recreation & Arts will provide responsive and detailed guidelines for the successful operation of the entertainment zone. Additionally, the Management Plan will be informed by discussions with DTSM that have led to a greater understanding of first-hand experience in the City’s community events process and organizing events and ways to help improve the City’s current event approval process. These conversations will help refine the Management Plan requirements and the overall proposed application process.
The Management Plan will include refined operational requirements detailing the practical aspects of the zone's functioning, such as guidelines for participating businesses, security protocols, frequency of activations, hours of operation, sanitation measures, potential street closure requirements, the identification of approved nonglass and non-metal containers, and methods for age verification. During the pilot, entertainment zone activations are expected to follow the same basic operation and programming as events DTSM has sponsored in previous years. While reviewing department’s set requirements based on the review of each event’s unique circumstances, many have standard guidelines applied to the Promenade. Below is a summary of key components that will be included in the Management Plan:
• Safety Requirements:
o In past events, the Fire Department has allowed some repeat organizers to use their own staff as a day-of Fire Safety Officer (FSO) to ensure events on the Promenade follow agreed upon regulations regarding maintaining a passable roadway, locations of equipment, booths, vendors, and props. Events may also be required to hire Fire Department Staff to operate as the FSO. If an event has an expected turnout of 5,000 or more
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people, additional requirements from LA County for a Mass Gathering event are necessary. These include developing a formal plan for communications within the event, fixed and mobile medical resources such as a first aid tent and/or bicycle EMTs, and coordination with other local and area organizations.
o With the addition of open containers of alcohol, the Police Department has requested that beyond standard requirements for community events, barriers be located at both ends of that portion of the entertainment zone being activated to better monitor that alcohol is not brought in or out.
Police would likely staff a one-block activation of the event with at least four officers. As stated above, the requirements, activities, and circumstances of each event mean that these guidelines may need to be modified ahead of the event.
• Refuse
o Public Works will work directly with event organizers to ensure adequate services, receptacles, and refuse storage is available for the size of the event. Event organizers will be required to handle trash generated by their events using existing or temporary receptacles. For larger events with expected attendance at one time of 1,500 people or more, Public Works may ask the organizer to utilize a private hauler to offset existing infrastructure during weekend events. Zero waste policies are encouraged for all events.
• California Department of Alcoholic Beverage Control (ABC) o As required by SB 969, in order for individual alcohol providers to participate in an entertainment zone event they must notify ABC through an online notification portal and confirm with the City that they have done so.
• Operational Components
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o As required by SB 969, containers for alcohol served in the entertainment zone are not permitted to be glass or metal. Although not expressly required in the State law, branded containers used by participating vendors would add cohesiveness to the event and identify beverages purchased within the entertainment zone from those brought from the outside. Additionally, the state requires that persons in possession of alcoholic beverages are readily identifiable as being 21 years of age or older. Therefore, wristbands issued after an ID check are common solution in similar events. Hand stamps have the advantage of creating less waste but are more difficult to identify at a distance.
Implementation & Pilot Streamlined Events Process
As recommended by the Police Chief, the implementation of the entertainment zone is proposed as a one-year pilot program with at least three events currently anticipated, the first being DTSM’s annual Pride event on June 21, 2025. Upon conclusion of the pilot staff will report to Council with recommendations on how to proceed with future entertainment zones.
Permitting events in the entertainment zone will be based on the Community Event Permit process as shown in Figure 1 below, as a starting point for interdepartmental review of entertainment zone activations.
Figure 1: Sample of Community Event Permit Process
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As a pilot, there are opportunities to review the way the events are permitted and opportunities for process efficiency through standardization of requirements and plans that can be used over multiple events. This approach can reduce the administrative burden and leverage existing expertise. The process improvements are focused around:
• Pre-approved operation, security, and site plans;
• Investigating the potential for self-certification of certain temporary building permits;
• Allowing for annual reviews of insurance and other obligations; • Requiring pre-event meetings with relevant city divisions; and • Eliminating limitations on branding for sponsorship opportunities.
A key strategy for streamlining involves standardization and the development of preapproved plans. With annual events having similar operations, establishing preapproved plans for operation, security, and site plans tailored for entertainment zone events on the Promenade can significantly expedite the permit review process. Through initial discussions with Police, Fire, and Public Works Departments, there is conceptual agreement that such an initiative appears feasible. Further efficiencies can be achieved by expediting the review process for repeat event operators. Conversations with Risk Management have led to potential expediting by conducting an annual review of an operator’s insurance requirements instead of as part of each event.
Beyond streamlining the existing permit review process, staff is exploring the possibility of self-certification of building permits for certain temporary structures associated with
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events, such as stages, step-and-repeats, or kiosks, which could further accelerate the permitting timeline. The Building & Safety division is open to this concept provided plans are stamped by a licensed professional and are still subject to final inspection.
Additionally, to further enhance clarity and prevent confusion over requirements and avoid potential conflict between requirements staff is exploring a pre-event coordination meeting between relevant City Departments and the event operator. Finally, eliminating existing limitations on branding for sponsorship opportunities within the entertainment zone could help maximize revenue generation for events, contributing to the financial sustainability of the initiative.
Policy Questions
In staff’s efforts to implement SB 969 and find ways to ensure the pilot program’s success, staff would like Council to consider the following policy question:
Is the City Council interested in directing staff to continue developing a streamlined pilot entertainment zone permit process (that may include a selfcertification component) and that relies on standardized plans where applicable but does not compromise public safety requirements?
Environmental Review
The ordinance to establish an entertainment zone in the Downtown is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301/Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The ordinance to establish an entertainment zone would not increase development or expand the existing use, but rather, would relax certain land use restrictions, streamline alcohol permits for existing restaurants, and authorize street parklets and use of outdoor private space for commercial activity. These provisions of the ordinance would not result in adverse environmental impacts. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section
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15300.2 would apply. Therefore, the ordinance is exempt from CEQA pursuant to Section 15301 and no further environmental review is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Event organizers during this pilot program will be responsible for covering all costs associated with the events. Staff will return to Council if specific budget actions are required in the future.
Prepared By: James Combs, Senior Planner
Approved Forwarded to Council
Attachments:
A. Entertainment Zone Ordinance
B. Entertainment Zone Promenade Map
C. Written Comments
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1 City Council Meeting: April 22, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 6.43 AND AMENDING SECTION 4.08.200 TO
THE SANTA MONICA MUNICIPAL CODE RELATING TO THE ENTERTAINMENT
ZONE PILOT PROGRAM TO PROMOTE ECONOMIC RECOVERY
WHEREAS, the economic downturn starting with the COVID-19 pandemic, exacerbated by the recent Southern California wildfires, and continuing economic challenges nationwide, have had a devastating impact on Santa Monica’s restaurants, bars, and entertainment venues. Finding new ways to attract residents, workers, and visitors to our downtown and neighborhood commercial corridors will be critical to the continued recovery of our nightlife sector and our economy; and WHEREAS, across the country, numerous states, including Michigan, Ohio, North Carolina, and Kansas, have found success enlivening communities through the designation of areas where businesses may sell alcoholic beverages for consumption within public spaces adjacent to their licensed premises; and WHEREAS, in 2025, the State of California adopted Senate Bill 969, which authorizes cities and counties to create by ordinance Entertainment Zones to enable restaurants and bars to sell open containers of approved alcoholic beverages for consumption within the Entertainment Zone during special events; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
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Packet Pg. 626 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 2 WHEREAS, the continued impact of the pandemic, along with the impacts of the recent California wildfires, have resulted in businesses, and particularly restaurants and entertainment venues, suffering significant economic hardships; and WHEREAS, allowing a one-year pilot program where people can buy open container drinks from local bars, restaurants, wineries, and breweries and enjoy them outside in designated public spaces during certain hours for the purpose of creating active, commercial corridors, will stimulate economic recovery; and WHEREAS, this ordinance is presented for adoption as an emergency ordinance, to be introduced, adopted, and immediately effective upon its passage by at least five affirmative votes, pursuant to City Charter Section 615, to allow this ordinance to take effect immediately as there is an event prepared to go forward now for Pride Month, which will serve as a significant economic catalyst to the Third Street Promenade; and WHEREAS, immediate adoption of this ordinance will ensure the preservation of the public peace, health, safety, and general welfare in the City of Santa Monica; and WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists as a result of the current economic climate, and the proposed pilot program to stimulate economic recovery is necessary to protect the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 6.43 is hereby adopted to read as follows:
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Packet Pg. 627 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 3 Chater 6.43 Entertainment Zone Pilot Program
6.43.010 Purpose
The purpose of this Chapter is to establish a process by which to create Entertainment Zones within the City of Santa Monica, as authorized by 23039.5 of the California Business and Professions Code, where people can buy open container drinks (alcoholic drinks “to-go”) from local bars, restaurants, wineries, and breweries and enjoy them outside in common spaces like plazas, sidewalks, and streets during certain hours for the purposes of creating active, commercial corridors, catalyze broader economic stimulus and ensure equitable program benefits while making Santa Monica a vibrant cultural hub.
6.43.020 Definitions
For the purposes of this Chapter, the following definitions shall apply:
(a) “ABC” means the California Department of Alcoholic Beverage Control. (b) “Entertainment Zone” has the meaning set forth in Section 23039.5 of the California Business and Professions Code, as may be amended from time to time. (c) “Entertainment Zone Event” means a special event permitted by the City as such which occurs within the boundaries of an Entertainment Zone established in accordance with this Chapter and within the hours permitted by this Chapter and the Management Plan for the Entertainment Zone.
(d) “Management Plan” means a plan approved by the Community Development Department for the management and regulation of an Entertainment Zone. (e) Signs related to Entertainment Zone events within the Entertainment Zone shall be considered “Special event signs” pursuant to Section 9.61.030.0510 for the purpose
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6.43.030 Entertainment Zones
(a) Third Street Promenade Entertainment Zone
(1) All public streets, sidewalks, and public rights-of-way on Third Street between Wilshire Boulevard and Broadway are hereby designated as the Third Street Promenade Entertainment Zone under Sections 23039.5 and 25690 of the California Business and Professions Code.
(2) An Entertainment Zone Event within the Third Street Promenade Entertainment Zone that only proposes activating the Entertainment Zone’s open container/off-site alcohol sales within a single block or which will not otherwise impede vehicular access to east-west throughfares (Arizona Avenue or Santa Monica Boulevard) need not receive a permit for the use of a public street. (3) An Entertainment Zone Event within the Third Street Promenade Entertainment Zone that proposes to close the east-west thoroughfare(s) (Arizona Avenue or Santa Monica Boulevard) to vehicular traffic must receive a road closure permit from the Department of Transportation.
(4) Outdoor consumption of alcoholic beverages within the Third Street Promenade Entertainment Zone is authorized during an Entertainment Zone Event on any day of the year between the hours of 8:00 a.m. and 2:00 a.m., subject to any additional limitations imposed by any ABC permit or license and by the Management Plan for the Entertainment Zone.
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Packet Pg. 629 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 5 (5) Off-site sale of open alcoholic containers by a participating holder of an ABC license or permit may consist of beer, wine, and/or distilled spirits subject to the conditions and limitations imposed on the establishment by their local entitlements or ABC privileges, and any additional limitations imposed by the Management Plan for the Entertainment Zone.
6.43.040 Controls and Compliance with Laws
(a) All commercial entities and organizations sponsoring or selling alcoholic beverages at an Entertainment Zone Event shall comply with all applicable state and local laws and regulations, including but not limited to the following:
(1) All applicable ABC license and permitting requirements; (2) Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;
(3) All other laws governing the sale and consumption of alcoholic beverages and all permits and licenses issued pursuant thereto;
(4) Applicable road closure regulations and procedures; (5) Applicable Community Event laws, policies, and regulations; (6) Any applicable Administrative Regulations issued by the City pursuant to this Chapter, including conditions set forth in the Management Plan for the Entertainment Zone.
(b) Open alcoholic beverages may be consumed on any public street, avenue, sidewalk, stairway, alley, or thoroughfare within an Entertainment Zone during an Entertainment Zone Event, as set forth in SMMC 4.08.200 Drinking Upon Public Property, subject to any other restrictions imposed by state or local law.
10.A.a
Packet Pg. 630 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 6 (c) All open alcoholic beverages consumed during an Entertainment Zone Event shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premise, or an organization that is authorized by an ABC special event permit or license to make such sales within the Entertainment Zone.
6.43.050 Implementation
(a) Upon the establishment or modification of an Entertainment Zone, the Community Development Department is authorized to and shall do the following:
(1) In consultation with the Police Department, provide the following information to ABC, pursuant to Section 25690 of the California Business and Professions Code:
(A) A copy of the ordinance establishing or modifying the Entertainment Zone;
(B) information as may be necessary to identify the boundaries of the Entertainment Zone;
(C) the days and hours of operation of the Entertainment Zone; (D) the types of alcoholic beverages permitted within the Entertainment Zone;
(E) the approved non-glass and non-metal containers in which alcoholic beverages may be authorized; and
(2) Issue a Management Plan for the Entertainment Zone as follows:
10.A.a
Packet Pg. 631 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 7 (A) The Management Plan shall establish the process or procedure to readily identify individuals purchasing or consuming alcoholic beverages within the Entertainment Zone as being 21 years of age or older;
(B) The Management Plan shall require that any person or organization seeking a permit for an Entertainment Zone Event shall comply with the applicable conditions of that permit, including all insurance and hold harmless requirements. (C) The Management Plan may include requirements not otherwise imposed by state or local law, including but not limited to additional requirements for approved beverage containers, additional restrictions on the hours of operation for Entertainment Zone Events, number of events per year, and other time, place, and manner restrictions;
(D) Upon issuance or revision of a Management Plan, the Community Development Department shall transmit a copy of the Plan to ABC. (b) Any holder of an ABC license or permit that wishes to allow customers to leave the premises with open containers of alcoholic beverages for consumption off the premises during the Entertainment Zone event shall provide to the Community Development Department a copy of he notice provided to ABC under Section 23357, 23358, or 23396 of the California Business and Professions Code, as applicable, at the same time such notice is provided to ABC.
6.43.060 Administrative Regulations
(a) The Director of the Community Development Department may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, application procedures, permit conditions and requirements, and health and
10.A.a
Packet Pg. 632 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 8 safety measures. The Director may revise these regulations from time to time as it deems appropriate. The Entertainment Zone Management Plan shall be considered an enforceable administrative regulation.
(b) No person shall fail to comply with the City’s administrative regulations.
6.43.070 Pilot Program Term
This Chapter shall terminate and be of no further force and effect as of April 30, 2026, unless otherwise extended or terminated earlier by the City at its discretion. If the program extends beyond the term of the initial pilot program, the City, in conjunction with local law enforcement, shall review the operation of each Entertainment Zone every two years following its adoption to ensure the Entertainment Zone is being maintained in a manner that protects the health and safety of the general public. Any reports made during the review shall be made available to ABC upon request.
6.43.080 Enforcement
(a) Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable of a fine not exceeding $250, or a misdemeanor, which shall be punishable by a fine not exceeding $500 per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b) Any person who violates this Chapter, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter
1.09 and Chapter 1.10 of this Code.
(c) Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement
10.A.a
Packet Pg. 633 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 9 agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.
SECTION 2. Section 4.08.200 of the Santa Monica Municipal Code shall be amended as follows:
4.08.200 Drinking Upon Public Property
(a) No person shall drink any alcoholic beverage upon or within any public property including, but not limited to: streets, alleyways, sidewalks, parkways, public buildings, public lavatories, parking facilities, parks, and beaches. (b) No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or any seal broken, or the contents of which have been partially removed within any public park or beach. (c) This Section shall not apply to:
(1) Any person on public property occupied pursuant to a lease, permit or license from the City when such lease, permit or license permits the sale or consumption of such beverages;
(2) Any person in possession of an alcoholic beverage container for the purpose of recycling the container or other related activity. (3) Any person on public property designated as an Entertainment Zone authorized pursuant to Chapter 6.43 of this Code during the hours of a permitted Entertainment Zone Event when the beverage is within an event branded container and sold at one of the participating vendors in compliance with the regulations imposed by Chapter 6.43.
10.A.a
Packet Pg. 634 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 10 (d) Any person violating this Section shall be guilty of an infraction. Any person convicted of an infraction under this Section shall be punishably by a fine of not more than one hundred dollars. Each such person shall be guilty of a separate offense for each and every commission of any violation of any provision of this Section and shall be punished accordingly.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for reasons stated in the above recitals, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting, shall become effective immediately upon its adoption.
10.A.a
Packet Pg. 635 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) 11 APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.A.a
Packet Pg. 636 Attachment: Entertainment Zone Ordinance (6800 : Third Street Promenade Entertainment Zone Pilot Program) !
1201
1202 1212 1218 122 2 1228 1232 1242 1248 1254 225
1215 1225 1227 123 1 123 7 124 1 1251 1253 301 0 10 20 40 80 1”= 40’
Third Street Promenade | 1200 Block
Wilshire Boulevard
Arizona Ave
Entertainment Zone
10.A.b
Packet Pg. 637 Attachment: Entertainment Zone Promenade Map (6800 : Third Street Promenade Entertainment Zone Pilot Program) !
13 11
13 10 13 12 13 18 1324 13 3 4 13 38 13 4 0 13 44 13 48 1350 1354 225 13 15 13 19 1325 13 3 1 13 39 13 43 1351 301 0 10 20 40 1” = 40’
80 Third Street Promenade | 1300 Block
Arizona Ave
Santa Monica Boulevard
Entertainment Zone
10.A.b
Packet Pg. 638 Attachment: Entertainment Zone Promenade Map (6800 : Third Street Promenade Entertainment Zone Pilot Program) !
! "!#! $! %!
14 01 14 13
14 28 14 0 8 14 12 14 16 14 18 14 28 1432 1436 1444 1446 14 52 227 14 15 1425 1425 1429 14 3 1 14 3 7 1453
0 10 20 40
1” = 40’
80 Third Street Promenade | 1400 Block
Santa Monica Boulevard
Broadway
Entertainment Zone
10.A.b
Packet Pg. 639 Attachment: Entertainment Zone Promenade Map (6800 : Third Street Promenade Entertainment Zone Pilot Program) Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 640 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 641 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
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Packet Pg. 642 Attachment: Written Comments [Revision 1] (6800 Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 643 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 644 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
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Packet Pg. 645 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
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Packet Pg. 646 Attachment: Written Comments [Revision 1] Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 647 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 1 David Yakobson
From: Julia Wood <[email protected]>
Sent: Tuesday, April 22, 2025 3:35 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
My family would love to see an entertainment zone that we can enjoy and would actually bring people from around LA and other cities here again. This would help revitalize the area and make it so residents have another area to enjoy.
Julia wood
90404
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 648 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 2 entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible. • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 649 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 3 David Yakobson
From: Alissa Keegan <[email protected]>
Sent: Tuesday, April 22, 2025 2:00 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Alissa Keegan
ZIP 90403
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 650 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 4 • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 651 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 5 David Yakobson
From: Emma Cheng <[email protected]>
Sent: Tuesday, April 22, 2025 1:02 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Emma Cheng
90404
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years. Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 652 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 6 Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 653 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 7 David Yakobson
From: Brandon Taraku <[email protected]>
Sent: Tuesday, April 22, 2025 12:38 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Brandon Taraku
90034
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years. • Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum. • Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone.
Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
• Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week.
Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 654 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 8 Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 655 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 1 David Yakobson
From: Jing Yeh <[email protected]>
Sent: Tuesday, April 22, 2025 11:37 AM
To: councilmtgitems
Subject: State law update amendments
EXTERNAL
Dear Council Members,
As a long time resident (almost 19 years), concerned citizen, homeowner, and parent in Santa Monica - I object to the proposed amendments and urge anyone who can to VOTE NO.
I live in a neighborhood filled with children and it is very important that we keep our neighborhood and city safe and build with true intention.
I am not proposing that you never build or stay antiquated in any way, however, this proposal is not ready. Please do your due diligence, Council Members before it’s too late.
There are bigger tasks at hand to build a better Santa Monica. It’s not all about the money but this proposal spells out just that. It’s just hidden in the small print.
Thank you for your time, a very concerned citizen,
Jing Yeh
"Proposed amendments to the Text of the citys Zoning Ordinance related to housing production for constancy with recent updates to State law and to implement other changes, corrections and clarifications : amendments to the Santa Monica General plan Land use map and official districting map for parcels located at 2644 3oth street and 1331 Wilshire Boulevard for consistent designation." --
"Only from the heart can you touch the sky." Rumi
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 656 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 1 David Yakobson
From: Santa Monica Forward <[email protected]> Sent: Tuesday, April 22, 2025 11:32 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Natalya Zernitskaya; Barry Snell
Cc: councilmtgitems
Subject: SM Forward Letter - Item 10A - Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Mayor Negrete and City Councilmembers,
Many of our supporters have already sent our letter language, and included their own thoughts as to why improving the Entertainment Zone Ordinance is necessary for our economic recovery and supporting our local merchants. We need to get out of our own way and do creative and fun things again. We've included the letter again below with the key points in bold. We are happy to discuss if you have any questions or comments.
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth.
If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 657 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 2 EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Much appreciated,
Brad Ewing and Carl Hansen
Co-Chairs, Santa Monica Forward
--
We are working for a diverse, progressive, sustainable and equitable Santa Monica.
SantaMonicaForward.org
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 658 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 1 David Yakobson
From: Connor Webb <[email protected]>
Sent: Tuesday, April 22, 2025 10:48 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Entertainment Zone Ordinance Needs Improvement
EXTERNAL
Dear City Council Members,
I am happy to see the Entertainment Zone (EZ) ordinance moving forward, but it needs to be significantly improved from the current staff recommendation. This ordinance is essential for the recovery of business in Santa Monica and the 3rd Street Promenade in particular. Currently, the promenade is plagued with vacancies, visitor numbers are far below pre-COVID levels, and the city's budget is nothing short of a crisis. An EZ will increase business and city tax revenues, reduce vacancies, and promote public spaces for residents and visitors alike. However, the currently proposed ordinance will not achieve any of those goals. I urge council to direct staff to:
1. Implement the EZ as a permanent program rather than a 1 year pilot. Retail leases are typically multiple years and opening a business is a long and expensive process. In order to stimulate business and reduce vacancies, they need to be confident that they will continue to benefit from the EZ for years. Council can easily re-evaluate the EZ when appropriate without making this a pilot program, and review is already required every 2 years by SB 969.
2. Establish the EZ with daily regular hours. The current ordinance proposes to limit it to special events and a permit-by-permit basis. Franky, this negates the entire purpose of an EZ. At a minimum, it should be at least Thursday-Sunday into the late evening.
3. Make participation in the EZ “by-right." The permitting process for participation in the EZ is unnecessary and just adds additional bureaucratic hurdles for no benefit. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Safeguards to keep some control for the city, such as the right to revoke participation for appropriate reasons, can be included without adding the regulatory hurdle of permitting.
4. Propose alternative security arrangements. Multiple police officers per block for all hours of the EZ is an absurd suggestion that only serves to saddle the city and businesses with obscene costs and/or sabotage the ordinance entirely. Bars and restaurants already operate outdoor patios with only their own private security, and the entire EZ can do the same.
Sincerely,
Connor Webb
90404
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 659 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 2 David Yakobson
From: Caro Vilain <[email protected]>
Sent: Tuesday, April 22, 2025 10:37 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Caro Vilain
90404
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 660 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 3 • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 661 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 4 David Yakobson
From: Mike Terranova <[email protected]>
Sent: Tuesday, April 22, 2025 9:49 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A Public Comment – Re: SMPD Concerns on Promenade Entertainment Zone
EXTERNAL
The proposal for a 1-year pilot Entertainment Zone (EZ) on the Promenade is a missed opportunity - limited by an unnecessary time-bound restriction and a cautious approach from SMPD that runs counter to successful models elsewhere in California. Cities like San Francisco, San Diego, Long Beach, and West Hollywood operate multiple entertainment zones that bring people together, boost local businesses, and are effectively managed for public safety. They are subject to administrative or periodic reviews. Santa Moncia should not be treating this as though it’s a fragile experiment with an expiration date.
If anything, a pilot period should apply to SMPD - not the Entertainment Zone. SMPD should use the next year to try new safety strategies and improve what isn’t working. Long Beach and Oakland’s MACRO tested alternative public safety models through pilot programs without limiting the vitality of their cultural districts. West Hollywood recently launched a year-long pilot for new safety tech (Safer WeHo), not to restrict nightlife, but to support it. Santa Monica should follow these examples.
If public safety is a concern, then why hasn’t SMPD recommended applying the same object bans used during protests in the EZ - on sticks, pipes, flammable liquids, and other improvised weapons? These tools already exist, yet don't seem to be applied here.
Businesses and residents need predictability - not a short-term experiment. The EZ should be permanent from the outset, with regular and reliable hours that support investment and encourage foot traffic. Participation should be by-right for businesses with existing ABC licenses, without the burden of unnecessary new permits.
Security doesn’t require a heavy police presence. Promenade bars already manage outdoor service with private security. Why can’t the broader zone use a similar model, supported by ambassadors or community partnerships similar to other cities, e.g. Pacific Beach, NoHo? The City Manager will have discretion to declare events in the zone. What’s needed now isn’t more red tape. SMPD’s objections seem more about controlling public space than protecting it. If we want the Promenade to thrive again, we need an Entertainment Zone designed for long-term success - not one stalled at the starting line.
Let’s make the Entertainment Zone permanent and give SMPD a 1-year window to pilot new public safety approaches, not stand in the way of progress.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 662 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 5 Regards,
Mike Terranova
Sunset Park Resident
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 663 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 6 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Tuesday, April 22, 2025 8:48 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems; Council Mailbox
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Councilmembers,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. As a resident, voter, parent, and frequent user of the Promenade, I share the views of Santa Monica Forward included below.
Jacob Wasserman
90403
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 664 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 7 must provide the most simple, short, and low cost process possible. • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect. --------------------------------------
Jacob Lawrence Wasserman
<[email protected]>
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 665 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 8 David Yakobson
From: Ally Welch <[email protected]>
Sent: Tuesday, April 22, 2025 7:54 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Ally Welch
90402
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 666 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 9 must provide the most simple, short, and low cost process possible. • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect. —
ALLY C. WELCH
www.linkedin.com/in/allycwelch
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 667 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 10 David Yakobson
From: Dustin Shahan <[email protected]>
Sent: Tuesday, April 22, 2025 7:20 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
I'll emphasize that the consistent and ongoing nature of the zone is vital for businesses to plan the best way for them to leverage the possibilities. None of them will put in serious effort if it's "maybe a year and only 3 times", so even those pilot dates won't achieve their potential.
Dustin Shahan
90401
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 668 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 11 entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible. • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 669 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 12 David Yakobson
From: Rohan Sharma <[email protected]>
Sent: Monday, April 21, 2025 9:48 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
I have lived at Seacastle since 2020 and have seen how over the years the city’s lack of investment in its status as an entertainment hub has cost the city greatly. Please do not make the short sighted mistake of limiting our city’s potential.
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Rohan Sharma
90401
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 670 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 13 entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible. • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Sent from my iPhone
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 671 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 14 David Yakobson
From: Quinn Vaughn <[email protected]>
Sent: Monday, April 21, 2025 7:59 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Quinn Vaughn
90401
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 672 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 15 • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 673 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 16 David Yakobson
From: Steve Hair <[email protected]>
Sent: Monday, April 21, 2025 7:20 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear Council Members,
The Entertainment Zone ordinance needs to be improved to achieve its intended goals. I share the views of Santa Monica Forward included below.
Steven Hair
90404
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years.
• Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum.
• Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone. Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 674 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 17 must provide the most simple, short, and low cost process possible. • Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week. Bars can operate outdoor patios with only their own private security, why not the entire zone? Furthermore, the Promenade is already permanently pedestrianized, so the EZ does not require dedicated non-police staff support every time EZ hours are in effect.
Item 10-A
April 22, 2025
Item 10-A
April 22, 2025
10.A.c
Packet Pg. 675 Attachment: Written Comments [Revision 1] (6800 : Third Street Promenade Entertainment Zone Pilot Program) 1 David Yakobson
From: David Norwood <[email protected]>
Sent: Monday, April 21, 2025 4:30 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: 10A: Improve the Entertainment Zone Ordinance
EXTERNAL
Dear council,
Due to the new federal administration, international tourism is dropping off a cliff. We need to bolster domestic tourism through multiple initiatives, including the new Entertainment Zone. I share the views of Santa Monica Forward included below.
David Norwood
90403
---------
The proposal under Item 10A for the promenade entertainment zone fails to meet the needs of Santa Monica and should be amended to facilitate greater use and business recovery. The creation of an entertainment zone is an outstanding opportunity to bring business and life to the promenade, create a great new space for residents to enjoy, increase city tax revenues, and reduce the number of vacant storefronts which blight the area currently. As proposed, the entertainment zone ordinance would not meet these goals. Instead, the council should direct staff to:
• Launch the Entertainment Zone as a permanent program, not a 1 year pilot. Residents support an entertainment zone, and businesses need confidence that it will continue to exist beyond the 1 year timeline in order to invest in the area. Small business owners would be hesitant to open new businesses with the risk that the pilot will end and devastate their growth. If there are valid reasons to re-evaluate continuing the EZ, the council can do so when appropriate rather than being forced to after a pilot period, including sooner than 1 year if unanticipated issues arise; SB 969 also already requires a review of an entertainment zone every 2 years. • Open the Entertainment Zone with regular hours on a daily basis, rather than only for special events on a permit by permit basis. This will reduce the permitting requirements for businesses, and create a schedule that visitors can rely on, further increasing the use of the EZ. These hours should reflect when businesses are open and in greatest demand, such as 10AM - 10PM daily, or Thursday-Sunday at minimum. • Establish participation in the EZ as “by-right”, and eliminate the permitting process for the entertainment zone.
Once the city has established the hours of the Entertainment Zone, businesses with existing liquor licenses should be able to participate simply by notifying California Alcohol Beverage Control. There is no need for an additional permitting process to be instituted. Should the city disagree, it must provide the most simple, short, and low cost process possible.
• Propose alternative security arrangements. Staffing several police officers per block for all hours that the EZ is open will saddle the city or businesses with significant costs, especially should the EZ be open several days a week.