Agenda packet — Santa Monica City Council, June 10, 2025 (part 1 of 5)

City of Santa Monica
City Council Meeting
AGENDA

LANA NEGRETE
MAYOR

ELLIS RASKIN CAROLINE TOROSIS

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER

ELAINE POLACHEK

INTERIM CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

NIKIMA NEWSOME

CITY CLERK

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

City of Santa Monica Generated: 6/11/2025 9:33 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.

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

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

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

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

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

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

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

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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

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

City of Santa Monica Generated: 6/11/2025 9:33 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 10, 2025
MEETING BEGINS AT 5:30 PM

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

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

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

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

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

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

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS
City of Santa Monica Generated: 6/11/2025 9:33 AM Page 4

1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)
. Written Comments

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Juneteenth Legacy Month

2.B. Commendation: Nancy Coleman

3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)

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

4.A. Introduction and First Reading of an Ordinance Adopting the Fire Hazard Severity Zone Map
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 adopt a finding of categorical exemptions pursuant to Section 15307 and Section 15308 of the CEQA Guidelines; and

2. Introduce for first reading an ordinance to add chapter 8.46 to the Santa Monica Municipal Code to designate Fire Hazard Severity Zones as pursuant to California Government Code Section 51178.

4.B. Adoption of a Resolution Approving Final Parcel Map for the subdivision of 2929 Pennsylvania Avenue
Recommended Action
Staff recommends that the City Council take following actions:

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

2. Adopt the attached resolution approving Final Tract Map No. 71974.

4.C. Approval of Donation of Retired Buses to Los Angeles County Metropolitan Transportation Authority
City of Santa Monica Generated: 6/11/2025 9:33 AM Page 5 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; and

2. Authorize the City Manager to negotiate and execute a Memorandum of Understanding with Los Angeles County Metropolitan Transportation Authority (LA Metro) for donation of decommissioned transit buses in support of the LA28 Olympic Games. This recommended award is made as an exception to the competitive bidding process as LA Metro has requested donations of decommissioned transit buses for use in the 2028 Olympic and Paralympic games.

4.D. Adoption of a Resolution approving a Final Tract Map for Providence Saint John’s Health Center to address inconsistencies with legal descriptions of various Health Center parcels. No development or construction is proposed with this subdivision map (25ENT-0081)
Recommended Action
Staff recommends that the City Council take 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 and affirm that the approval of the Final Subdivision Map was analyzed in the Final EIR that Council certified on March 22, 2022, and in the associated Council-adopted a Statement of Overriding Considerations and Mitigation Monitoring Program on March 22, 2022.

2. Adopt the attached resolution approving Final Tract Map No. 82302.

4.E. Adoption of a Resolution Accepting the Tentative Agreements and Authorizing the City Manager to Execute Memoranda of Understanding with the Fire Executive Management Association (FEMA), Public Attorneys' Legal Support Staff Union (PALSSU), and Public Attorneys Union (PAU), and Authorizing the City Manager to Execute a Revised Confidential Unrepresented Employees (CUE) Pay Plan and a Revised Executive Pay Plan (EPP).

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines;

2. Adopt the proposed Resolution (Attachment A) accepting the Tentative Agreements (TA) and authorizing the City Manager to execute Memoranda of Understanding (MOU) with the Fire Executive Management Association (FEMA), Public Attorneys' Legal Support Staff Union (PALSSU), and Public Attorneys Union (PAU), and authorizing the City Manager to execute a revised Confidential Unrepresented Employees (CUE) Pay Plan and a revised Executive Pay Plan (EPP);

3. Adopt the salary schedule (Attachment B); and

4. Authorize budget changes as outlined in the Financial Impacts & Budget City of Santa Monica Generated: 6/11/2025 9:33 AM Page 6 Actions section of this report.

4.F. Adoption of a Resolution Rescheduling Regular City Council Meetings Scheduled for July 22nd to July 29th, September 23rd to September 30th, and Cancelling August 26th and November 25th Council Meetings Recommended Action
Staff recommends that the City Council approve the following:

1. Reschedule regular Council meeting scheduled for July 22, 2025, to July 29, 2025;

2. Cancel the regular Council meetings scheduled for August 26, 2025 and November 25, 2025, for summer recess and the Thanksgiving holiday, and due to a lack of quorum;

3. Reschedule regular Council meeting scheduled for September 23, 2025, to September 30, 2025, in observance of Rosh Hashanah;

4. Adopt attached amended resolution approving changes to the regular Council meeting schedule; and

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

4.G. 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.

4.H. 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.

4.I. City Council - Regular Meeting - May 13, 2025 5:30 PM

5. CLOSED SESSIONS
City of Santa Monica Generated: 6/11/2025 9:33 AM Page 7

5.A. Conference with real estate negotiator - Gov. Code § 54956.8: properties: 2033- 2101 Virginia Avenue; owner of record: Community Corporation of Santa Monica; City negotiators: Heather Averick, Director of Housing and Human Services, and Natalie Verlinich, Housing Manager; owner negotiator: Tara Barauskas; under negotiation: price and terms of payment

CITY MANAGER REPORT
. City Manager Report: SMPD 2024 Annual Crime Report Update

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

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

7. STUDY SESSION

7.A. Study Session to review draft analysis, findings, and recommendations of the Santa Monica Blvd Safety Study, funded by a Caltrans Sustainable Transportation Planning grant.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that this study session is not a “project” subject to the California Environmental Quality Act (CEQA); and

2. Receive, discuss, and provide direction regarding the initial findings and concept level recommendations for the Santa Monica Boulevard Safety Study project.

7.B. Large Format Digital Signage Study Session
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that this study session is not a project subject to the California Environmental Quality Act;

2. Authorize City staff to initiate negotiations with the applicant for the Development Agreements for new outdoor digital displays located at 301 Arizona Avenue and 1202 Third Street Promenade;

3. Provide direction to Staff regarding desired project parameters and approach to community benefits; and

4. Discuss the approach for future large-format digital signage with off-site advertising, including the adoption of an ordinance to establish a pilot program to limit this signage to the Third Street Promenade area.

8. CONTINUED ITEMS
No items
City of Santa Monica Generated: 6/11/2025 9:33 AM Page 8

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Introduction and First Reading of an ordinance amending Santa Monica Municipal Code Section 3.12.675 to allow bicycles and other devices in transitonly lanes 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 (CEQA) Guidelines and a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines; and

2. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Section 3.12.675 to allow bicycles and other devices to operate in transit-only designated lanes, and to permit the Director of the Department of Transportation to administratively designate new transit-only lanes.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS

12.A. Public Hearing and Adoption of a Resolution Establishing Scheduled FiveYear Water Service Rate Adjustments Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing for the proposed five-year water rate adjustment;

2. Adopt a finding of Categorical Exemption pursuant to Section 15273 of the CEQA Guidelines for the five-year water rate adjustment public hearing;

3. Receive public comments pursuant to Proposition 218 requirements;

4. Consider all protests against the proposed water rate adjustments that have been submitted in accordance with Proposition 218; and

5. Adopt the resolution establishing five-year schedule of water rate adjustments to go into effect July 1, 2025.

12.B. Public Hearing and Adoption of a Resolution Establishing Scheduled FiveYear Wastewater Rate Adjustments City of Santa Monica Generated: 6/11/2025 9:33 AM Page 9 Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing for the proposed five-year sewer rate adjustment;

2. Adopt a finding of Categorical Exemption pursuant to Section 15273 of the CEQA Guidelines for the five-year sewer rate adjustment public hearing;

3. Receive public comments pursuant to Proposition 218 requirements;

4. Consider all protests against the proposed sewer rate adjustments that have been submitted in accordance with Proposition 218; and

5. Adopt the attached resolution establishing five-year schedule of sewer rate adjustments to go into effect July 1, 2025.

12.C. Public Hearing and Adoption of an Emergency Interim Zoning Ordinance to Permit the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill 1123 on Vacant Parcels Zoned for Single-Unit Residential.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 65913.4.5(b).

2. Introduce and Adopt an Emergency Interim Zoning Ordinance Permitting the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Request from the Santa Monica Library Board to assign a Council member as the Board’s Council Liaison

16.B. Request for Pilot Program Allowing Market-Rate Housing Projects Request of Councilmember Zwick, Mayor Pro Tem Torosis, and Mayor Negrete that the City Council direct the City Manager to return with a pilot program allowing market-rate housing projects more flexibility in how they provide affordable housing units off-site as a means to incentivize housing production for approved projects that are unable to proceed due to economic uncertainty. The pilot program should include provisions to ensure that the off- City of Santa Monica Generated: 6/11/2025 9:33 AM Page 10 site affordable housing units are constructed and also allow housing projects to be eligible for density bonus, incentives/concessions, and modifications under State density bonus law.

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

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

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

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

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

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

City Council
Report
City Council Meeting: June 10, 2025
Agenda Item:
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments
Packet Pg. 11
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 12
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 13
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 14
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 15
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 16
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 17
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 18
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 19
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 20
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 21
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 22
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 23
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 24
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 25
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 26
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 27
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 28
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 29
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 30
Attachment: Written Comments [Revision 3] (7135 : Written Comments) By Harry H. Rimm and
Clark A. Freeman
E
very experienced litigator knows that perjury
in civil cases is common
and too often goes unpunished. Prof. Alan Dershowitz once testified before the House of Representatives Judiciary Committee that “no felony is committed more frequently in
this country than the genre of
perjury and false statements.”1
Unfortunately, he may be right.

Our legal system depends on the
veracity of sworn testimony.2
Witnesses affirm or take an oath
to tell the truth. If that oath or
affirmation is to mean anything,
there must be consequences for
witnesses who violate it. When
perjury goes unpunished, it
undermines our legal system and
public confidence in that system.

We acknowledge that our adversarial judicial system is designed to correct a certain amount of
perjury. “[T]he function of trial
is to sift the truth from a mass
of contradictory evidence, and
to do so the fact finding tribunal
must hear both truthful and false
witnesses.”3 Nevertheless, judges
should not rely solely on their
ability to assess self-interested
testimony, giving it only the
weight that it deserves, or on a
jury’s ability to follow instructions
regarding witness credibility.

Current methods for punishing
dishonest witnesses—and deterring would-be perjurers—have proved inadequate. In this article,
we cover the tools that courts have
at their disposal to police witness
perjury in deposition and in-court
testimony and provide some suggestions on ways to do it better.

We note that our focus is on cases
of clear perjury. It sometimes can
be difficult to determine whether a
witness has committed perjury, as
there are many shades of gray. We
leave how to deal with mere suspicious testimony for another day.

Criminal Prosecution
Perjury is a serious crime with
harsh penalties. Under federal law,
whoever knowingly makes a false
statement under oath “in any proceeding before or ancillary to any court or grand jury of the United
States … shall be fined … or imprisoned not more than five years, or both.”4 Similarly, under New York
law, giving false testimony under
oath is punishable by up to seven
years in prison.5
The threat of criminal prosecution should deter witnesses from lying under oath, but its deterrent
effect is compromised by the infrequency of prosecutions. In the one-year period beginning Oct. 1,
2009 through Sept. 30, 2010, the
latest available period in the Federal Justice Statistics Series, only .2 percent of the matters referred
to U.S. attorneys were referred for
“perjury, contempt, and intimidation” offenses, and the U.S. attorneys declined to prosecute 60.1 percent of the perjury, contempt
and intimidation cases referred to
them.6 In the year 2012, the latest
available year from the Federal
Criminal Processing Statistics,
only .36 percent of federal
criminal cases filed involved
perjury, contempt or intimidation
offenses.7 These statistics do
not indicate how many of those
prosecutions were for lying under
oath in a civil proceeding.

This is not to say that witnesses
are not prosecuted for lying under
oath at depositions or in court.

They are—both at the federal and
state levels.8 State court judges,
as well as U.S. magistrate judges,
district judges and circuit judges

SERVING THE BENCH
AND BAR SINCE 1888
Combating the Perjury Problem in Civil Litigation
WWW. NYLJ.COM
JANUARY 12, 2015
HARRY H. RIMM, a former federal prosecutor, is a
litigation partner at Sullivan & Worcester. CLARK
FREEMAN is a litigation associate at the firm.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 31
Attachment: Written Comments [Revision 3] (7135 : Written Comments) can and do refer matters to the
U.S. attorneys for investigation
and prosecution.9
Rules of Procedure
The Federal Rules of Civil Procedure provide for sanctions in a variety of situations. None of the
Rules, however, is ideally suited
for sanctioning perjury at depositions or in court.

Rule 37 of the Federal Rules
is the most obvious choice. If a
party fails to cooperate in discovery, the opposing party may seek a court order compelling the
recalcitrant party’s compliance.

If the party fails to comply, then
the aggrieved party may move
for sanctions. Possible sanctions include an adverse inference, striking a pleading, claim or defense, staying the proceeding
until compliance, dismissing the
action in whole or in part, entering a default judgment and treating non-compliance as contempt of court.

Rule 37 falls short, however, as
a tool for punishing perjury in
certain important respects. By
its terms, it deals only with discovery sanctions and seems inapplicable to misconduct at trial.

In addition, it requires a party
to defy a court order before the
court can impose sanctions.10 A
party generally does not violate
a specific court order when he or
she lies under oath.

Rule 41 of the Federal Rules provides that if a party fails to comply with the Federal Rules or a court
order, the opposing party “may
move to dismiss the action or any
claim against it.” Such a dismissal
“operates as an adjudication on the
merits.” Rule 41 would be a useful
device for punishing perjury if the
Federal Rules explicitly prohibited
witnesses from lying in depositions or on the witness stand.

Rule 11 may not be very helpful
either, as it deals primarily with
attorney representations to the
court, not perjury by witnesses.

At least one court, however, has
tried to force perjured testimony
within the scope of Rule 11.11
New York’s civil rules are better, but not perfect. Section 3126 of the CPLR provides: “If any
party … refuses to obey an order
for disclosure or willfully fails to
disclose information which the
court finds ought to have been
disclosed pursuant to this article,
the court may make such orders
with regard to the failure or
refusal as are just.” It is broader
than Rule 37 because it allows
sanctions where a court finds
that a party or witness ought to
have disclosed information, not
just where a party or witness violates a court order. Like its federal counterpart, though, it is not designed to deal specifically with
perjury. Nevertheless, New York
courts sometimes do use CPLR
§3126 to sanction perjury.12
Court’s Inherent Authority
Separate and apart from procedural rules, courts are vested with inherent authority to punish
misconduct by parties and witnesses.13 This inherent authority is the best tool that a court has
to punish and deter perjury. It is
a broad power that allows a court
to impose a variety of sanctions,
including dismissal of an action,
in situations not covered by any
rule. While isolated instances
of perjury may not warrant
dismissal, “when a party lies
to the court and his adversary
intentionally, repeatedly, and
about issues that are central to
the truth-finding process, it can
fairly be said that he has forfeited
his right to have his claim decided
on the merits.”14
That a court’s inherent authority is broad and ill-defined is both a strength and a weakness.
“Because the[] [inherent] powers
spring from the very function of
the court, they ‘are shielded from
direct democratic controls, [and]
must be exercised with restraint
and discretion.’”15
Perjury in Criminal Proceedings
Interestingly, there are more
mechanisms for policing perjury
in the criminal context. For example, “Sentencing Guideline 3C1.1 provides for a two-level increase
in the offense level if a defendant
willfully obstructed or impeded,
or attempted to obstruct or
impede, the administration of justice. An example of obstructive conduct is committing, suborning, or attempting to suborn perjury.”16 Agreements between the government and a defendant or a witness contain provisions subjecting the latter to penalties for perjury. Plea agreements typically allow the government to JANUARY 12, 2015
Harry H. Rimm and Clark A.

Freeman of Sullivan & Worcester
discuss tools that courts have at
their disposal to police witness
perjury in deposition and incourt testimony and provide some suggestions on ways to do
it better.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 32
Attachment: Written Comments [Revision 3] (7135 : Written Comments) seek an enhancement for a defendant’s obstruction of justice in accordance with U.S.S.G. §3C1.1.

Proffer agreements provide protection to a defendant or witness for statements made, except in
connection with a prosecution
for perjury. A Financial Affidavit
for appointed counsel in federal
court must be signed under penalty of perjury. Finally, the first question asked by the court at a
guilty plea—following a defendant
being sworn in—is whether the
defendant understands that he is
now under oath and that any false
statements given might result in a
prosecution for perjury.

Possible Improvements
The lack of more measures in
the civil litigation context is surprising given the importance of oral testimony in our legal system. It is time to consider new ways to reduce the incidence of
perjury. To accomplish that goal,
every player in the system—
judges, prosecutors, counsel and
the parties themselves—must be
vigilant and take increased care
to prevent and correct perjury
whenever possible. In addition,
new procedural rules are needed.

Judges at all levels of the federal
and state judiciaries should refer
more cases to increase the deterrent effect inherent in prosecutions. Prosecutors must continue to investigate these referrals and
pursue more prosecutions. To
increase resources available for
such prosecutions, U.S. attorneys, the state attorney general and district attorneys might
consider, for example, allowing
their colleagues from within their
offices’ civil divisions to assist, at
the very least, with perjury investigations, if not the prosecutions themselves.

Another option is to create a
panel to investigate and report
on cases of suspected perjury in
order to assist courts in determining whether to impose sanctions or to assist prosecutors in deciding whether to prosecute.

Lawyer disciplinary committees
provide one example of how such
a committee could be structured.

Each of the Second Circuit, the
U.S. District Court for the Southern District of New York and the Departments of the New York
Supreme Court, Appellate Division, has a lawyer disciplinary committee. In the First Department, the committee is comprised of lawyers and non-lawyers, all
of whom are appointed by the
First Department. The committee
receives complaints and investigates them in multiple phases, occasionally with formal hearings. If the committee determines that sanctions are warranted, it
drafts a report and recommendation and refers the matter to the First Department for consideration.

A committee for investigating
perjury could operate in similar
fashion. It could investigate and
report on cases upon referral
from a court. Committee members could be appointed by the courts and/or by one or more bar
associations. There is some precedent for such a committee; the New York City Bar Association
and the Federal Bar Council collaborated some years ago to work on a Joint Committee on Judicial Conduct that received and investigated complaints about
alleged improper conduct of federal judges. While an investigative committee admittedly could create problems of its own, the
potential obstacles are not insurmountable.

Another option is to form something akin to the Criminal Justice Act Panel—a panel of attorneys
who could be called upon to
assist with perjury investigations
and/or prosecutions. Appointing
these attorneys would allow prosecutors to pursue more perjury cases than they can with their
current resources. While there
might be a problem with this idea
at the federal level due to Department of Justice regulations, there would be fewer impediments at
the state level. In fact, the New
York County District Attorney’s
Office currently has a program
through which practicing attorneys are deputized as special assistant district attorneys to
prosecute criminal appeals on a
pro bono basis.

Counsel, while being mindful
of Rule 3.4 of the New York Rules
of Professional Conduct (prohibiting threats of criminal prosecution solely in order to obtain an advantage in a civil matter)
and 28 U.S.C. §1927 (prohibiting
vexatious multiplication of proceedings), could use existing procedural rules more effectively by bringing clear perjury from deposition testimony to a court’s attention. Counsel also must carefully prepare parties and witnesses so
that they are more likely not to
give false testimony.

New procedural rules also are
needed. The Federal Rules of
Civil Procedure could contain a
rule that specifically addresses
JANUARY 12, 2015
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 33
Attachment: Written Comments [Revision 3] (7135 : Written Comments) perjury during discovery and in
court. Such a rule would codify,
but not replace, the court’s inherent authority. It would define more clearly the authority of the
court and impose a measure of
control that would free the court
from some of the restraint it necessarily must exercise in acting under its inherent power.

To that end, the rule could lay
out the procedures and burden
of proof to find perjury, as well as
the available sanctions. The procedural protections would vary with the severity of the sanctions,
and the severity of the sanctions
would vary with the materiality
of the false statements and the
extent of the witness’s wrongdoing. The rule also could provide for a formal fee shifting mechanism, whereby a losing party that has committed perjury may be
required to pay some or all of the
opposing party’s costs and attorney fees.

Conclusion
Maintaining the effectiveness
of and the citizenry’s confidence
in our system of justice is critical. To that end, the Second Circuit recently announced a
program of public engagement
and civic education designed to
bring its constituencies into the
Circuit’s courthouses to educate
them about the justice system,
to share ideas for improving the
administration of justice in the
federal courts and to empower
them as citizens to support the
federal judiciary. Reducing perjury and punishing those who opt to do it is an important part
of securing public support and
engagement.

Endnotes:

1. Testimony of Alan M. Dershowitz, House of Representatives Judiciary Committee, Dec. 1, 1998.

2. McMunn v. Mem’l Sloan-Kettering Cancer Ctr., 191 F. Supp. 2d 440, 445 (S.D.N.Y. 2002).

3. In re Michael, 326 U.S. 224,
227-28 (1945).

4. 18 U.S.C. §1623; see also 18
U.S.C. §§1621-22.

5. NY Penal Law §§70.00, 210.15.

6. Mark Motivans, U.S. Department of Justice, Bureau of Justice Statistics, Federal Justice Statistics, 2010—Statistical
Tables 9, 11 (2013), available
at http://www.bjs.gov/index.
cfm?ty=pbdetail&iid=4861.

7. Bureau of Justice Statistics,
Federal Justice Statistics Program, http://www.bjs.gov/fjsrc/ (search run Dec. 15, 2014).

8. See, e.g., United States v. Kross,
14 F.3d 751, 752 (2d Cir. 1994);
People v. Weiss, 99 A.D.3d 1035,
1037-40 (3d Dep’t 2012).

9. State: see, e.g., Carroll v. Gammerman, 193 A.D.2d 202, 206 (1st Dep’t 1993); Riverbay v. Houston,
L&T 8785/08, 2009 WL 921355, at
*5 (N.Y. Civ. Ct. April 2, 2009); see
also Argent Mortg. v. Mentesana,
No. 25828/2004, 2009 WL 1110635,
at *4 (N.Y. Sup. April 17, 2009).

Federal: see, e.g., Negrete v. Nat’l
R.R. Passenger, 547 F.3d 721, 722
(7th Cir. 2008) (circuit panel);
United States v. Cornielle, 171 F.3d
748, 750 (2d Cir. 1999) (district
judge); Ades v. 57th St. Laser Cosmetica, No. 11 CIV. 8800 (KNF), 2013 WL 2449185, at *13 (S.D.N.Y.

June 6, 2013) (magistrate judge).

10. See, e.g., McMunn, 191 F.

Supp. 2d at 442.

11. See, e.g., Bower v. Weisman,
674 F. Supp. 109, 112 (S.D.N.Y.
1987).

12. See, e.g., 317 W. 87 Assocs. v.

Dannenberg, 159 A.D.2d 245, 245-
46 (1st Dep’t 1990).

13. CDR Creances S.A.S. v. Cohen,
23 N.Y.3d 307, 318 (2014) (citing
Anderson v. Dunn, 19 U.S. 204, 227
(1821)).

14. McMunn, 191 F. Supp. 2d at
445.

15. Bower, 674 F. Supp. at 112
(quoting Roadway Exp. v Piper,
447 U.S. 752, 764 (1980)); Chambers v. NASCO, 501 U.S. 32, 44-45 (1991).

16. United States v. Armstrong,
620 F.3d 1172, 1176 (9th Cir. 2010)
(quoting U.S.S.G. § 3C1.1 cmt.
n.4(b)) (internal citation and
quotation marks omitted); United
States v. Salim, 549 F.3d 67, 73-75
(2d Cir. 2008).

JANUARY 12, 2015
Reprinted with permission from the January 12, 2015 edition of the NEW YORK LAW JOURNAL © 2022 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-256-2472 or [email protected]. # NYLJ-7062022-552667 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 34
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 35
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 36
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Officer DelCrognale #3770 Cover Up 1131 14th Street unit 8 RENT CONTROL 2/14/25, 2:49 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=a…gid=msg-a:r2144755951890140800&simpl=msg-a:r2144755951890140800 Page 1 of 2 Zoë Muntaner <[email protected]>
Officer DelCrognale #3770 Cover Up 1131 14th Street unit 8 RENT CONTROL Zoe <[email protected]> Fri, Dec 8, 2023 at 12:48 PM
To: [email protected], [email protected], [email protected], Manju <[email protected]>, [email protected], [email protected], [email protected], [email protected] Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Dear Chief Batista, Lieutenant Flores and Members of the SMPSOC, As you are aware I have been dealing with landlord harassment since December of 2021. LAst week it escalated to battery assault at the hands of Marty Kaplan and identity theft by her and her attorney Avraham Sinai. After collecting some of my winter wardrobe I left my apartment and was told I could request a police report when I return from my trip to the east coast. I left confi=dent that that was going to be the case. Today I received an electronic communication that there was no report. I have video from the lawyer of the property owner telling the officer, there will be no report because there was no crime.

The day of the incident I called the SMPD to deploy an officer to the location. I believe I mentioned the assault, I have video of the battery assault. I was looking forward to sharing the video for the investigation. However I find myself facing the pattern of cover up that plagued the SMPD in the case of EWric Uller. That is plain negligence that exposes the city to litigation. I am writing to give the SMPD the opportunity to correct a wrong, also to alert of the lack of appropriate training for Landlord/Tenant cases. This is what started me into civic life for a very similar incident in December 2011 to March 2012 at a different unit that exposed the city to litigation and embarrassment.

Officer Del Crognale and Officer Chabon showed up, because I called them. There is a record of that. The body cameras were turned on. The videos me and my witness took that day are being turned over to SMPD Officer Prosser for his investigation of 23-114378. Nevertheless Officer Del Crognale needs disciplinary intervention if he refuses to write a report and turn the body camera footage. I called Brigette Garay from the City Attorney's Office when this c=was taking place. This goes against the Santa Monica Rent Control Agency and the tenant harassment protections from the Office of Consumer Protections.

Where is law enforcement letting this slide when there is a history and precedent of violent behavior and lack of intervention from the Santa Monica Police. I find that alarming given the fact I was assaulted, I have a disability, and I have video of the incident. There is a battery report against the property owner Marty Kaplan, and data theft from all my documents and identity records that have been stolen by the lawyer (Avraham Sinai), who SMPD officers interviewed. The body cameras were on. How do I get the footage of the body cameras? How do I get the email of Officer Del Crognale Badge #3770 if he refused to write on? Kindly reply; thank you.

1.a
Packet Pg. 37
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Officer DelCrognale #3770 Cover Up 1131 14th Street unit 8 RENT CONTROL 2/14/25, 2:49 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…gid=msg-a:r2144755951890140800&simpl=msg-a:r2144755951890140800 Page 2 of 2 securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 38
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Follow-Up Regarding Returned Sole 24 Electric Bike
Zoe <[email protected]> Wed, May 28, 2025 at 5:39 PM
To: [email protected]
Cc: [email protected], [email protected] Also note that in an article published by Voyage LA on January 8, 2017, Kitty Monsalud said on the record:
"Our mechanics and salespeople do not sell you the most expensive bike in the shop. We look at what you really need and make sure you have no buyer’s remorse later on." This is a flat out lie. I specifically asked for a bike I could use everyday and with an adjustable saddle. That was not the case. When I visited the shop to tell them the saddle didn't adjust, it was when they told me the bike is designed more as a moped for short rides and not for long rides.

That is not a good faith transaction.
[Quoted text hidden]
6/10/25, 11:56 AM Gmail - Follow-Up Regarding Returned Sole 24 Electric Bike https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r-3490888118466559770&simpl=msg-a:r-3490888118466559770 1/1 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 39
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Fwd: Your bike exchange
Zoe <[email protected]> Sun, Apr 20, 2025 at 1:42 PM
To: Bike Attack <[email protected]>
Hi Kit,
I do not agree to the 20% usage fee as I was not advised or agreed to it at the time of purchase.

Kindly adjust the price to reflect the full refund. Thank you. [Quoted text hidden]
--
Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer. 5/28/25, 4:47 PM Gmail - Fwd: Your bike exchange
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r-8119763826918207864&simpl=msg-a:r-8119763826918207864 1/1 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 40
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Follow-Up Regarding Returned Sole 24 Electric Bike
Zoe <[email protected]> Wed, May 28, 2025 at 5:14 PM
To: [email protected]
Cc: [email protected], [email protected] I received a letter from Deputy City Attorney Romy Ganshaw today. My reply is clear, the investigation from the Santa Monica City Attorney Consumer Protection Unit did not evaluate state law that should be enforced. The letter contains some inaccuracies. Bike Attack is not charging a restocking fee. The email sent by Kit Monsalud says usage fee. They are charging for a usage fee, and that was not included in the sale tag or the receipt.

In California, usage fees, often referred to as surcharges or junk fees, are now largely prohibited under Senate Bill 478 (SB 478) and its amendment, SB 1524. This law requires businesses to include all mandatory fees in the advertised price, meaning what a customer sees is what they pay. Beginning July 1, 2024, the “Honest Pricing Law” or “Hidden Fees Statute,” SB 478, which was recently amended by SB 1524, makes it illegal for most businesses to advertise or list a price for a good or service that does not include all required fees or charges other than certain government taxes and shipping costs. SB 478 is a price transparency bill. The statute does not change what price a business can charge or what may be included in that price. The law simply requires that the price listed include all mandatory charges. Look at the bicycle sales tag from bike attack, there was ro usage fee included. Put simply, the price a Californian sees should be the price they pay. Kindly look at attachment and reconsider the legal interpretation of your assessment. Do you consider that "good faith" ? It does not look as if Ms. Kit Monsalud understands California law.

Thank you.
[Quoted text hidden]
5 attachments
Bike Attack Tag.HEIC
1680K
Bike Attack Price.HEIC
1458K
Kit Monsalud email reply.pdf
114K
Bike Attack USAGE? Fee?.pdf
108K
6/10/25, 11:57 AM Gmail - Follow-Up Regarding Returned Sole 24 Electric Bike https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r2822637135465055428&simpl=msg-a:r2822637135465055428 1/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 41
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Bike Attack reply to usage fee.pdf
166K
6/10/25, 11:57 AM Gmail - Follow-Up Regarding Returned Sole 24 Electric Bike https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r2822637135465055428&simpl=msg-a:r2822637135465055428 2/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 42
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Automatic reply: SM Community Corp 2/11/25, 4:54 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…gid=msg-a:r1564880698075376881&simpl=msg-a:r1564880698075376881 Page 1 of 2 Zoë Muntaner <[email protected]>
Automatic reply: SM Community Corp
Zoe <[email protected]> Tue, Feb 11, 2025 at 3:40 PM
To: Brigette Garay <[email protected]>
Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Brigette Garay
Santa Monica City Attorney's Office
Consumer Protection Unit
Senior Legal Analyst/Investigator
Ms. Garay,
I was not able to leave the letter with the City Attorney's office receptionist yesterday but will do it later today. By your email I noticed that you were not in the office yesterday but will be in the City Hall offices today.

It was brought to my attention that you are willfully delaying the investigation in an attempt to protect Sean Besser from the consequences of his actions and breaking the law. Last night I attended the Ocean Park Association meeting where he is president of the local neighborhood association where I live. I sat next to Gina Cabeza Cifuentes for the duration of the meeting. As I listened to Halima Barreto (Crime Prevention Coordinator) presentation of the reported crime in the neighborhood I noticed that the incident I reported was not included.

Last night I emailed her and cc. Chief Ramón Batista to let them know. Councilmember Ellis Raskin attended the meeting. As you know the President of this particular neighborhood association in Santa Monica is being investigated by the Santa Monica Rent Control, Code Enforcement Unit and CONSUMER PROTECTION UNIT of the City Attorney's Office where you are leading the investigation for Tenant Harassment and violations to the short term rentals ordinance.

Let;'s face it, the facts point that all three complaints have been willfully delayed to protect Sean Besser and his wife Dr. SAMANTHA BESSER, a board certified endodontist who practices at Personal Dental Office in who trespassed my apartment, refused to identify herself when asked what she was doing in the apartment and called me ttrash as she drove away in a blue Tesla Motors vehicle. If it was the other way around I would have been arrested and charged for a hate crime and antisemitism.

As of today none of them have been arrested or charged. I have reported the crime, city officials know about the incident. Both of the Besser's are white and jewish. Remember when Fey Wells' neighbor called 911 over a suspected break in to her own apartment and 19 armed cops showed up to her door? Ms. Wells is a black media executive graduate from Dartmouth Tuck Business School. Also remember the Santa Monica Police arrested me for entering my own apartment in 500 California Avenue Unit 12 in March of 2011. The Santa Monica City Attorney's office charged me for trespassing my own apartment without doing any legal research, exposing the city to major litigation for discrimination. The case was dismissed when the Public Defender representing me, Cathy Pattinson, showed the court that I was the legal tenant of the unit. On top of that I had a Temporary Restraining Order against Elizabeth Craig SS021907, when I was assaulted by Craig and her friends at my apartment. Craig broke into the unit after she moved out and the locks were changed. The Santa Monica Police Department was called, officers showed up to the Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 43
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Automatic reply: SM Community Corp 2/11/25, 4:54 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…gid=msg-a:r1564880698075376881&simpl=msg-a:r1564880698075376881 Page 2 of 2 apartment and left Craig in possession of the unit even though she voluntarily moved out a month before. All my possessions, food, money, jewelry, and rest of the items I had were destroyed or stolen. That night I had to go to Saint John's Hospital for medical care and was diagnosed with a concussion. Yet, Santa Monica officials decided to treat me like a second class citizen, they never filed charges against Elizabeth Craig, or Pat Cramer. Cramer was behind the orchestration of the strategy to get me out of the unit without a proper legal eviction process. Pat Cramer has political influence in the City of Santa Monica and the Santa Monica Courthouse because he is a long time resident and the biggest owner of private real estate housing in the city. Both Craig and Cramer are white.

Are you sure you need anything else from me to get an arrest and file charges or are you pretending to do an investigation to appease me? It seems like the latter. I would like this email to be included as part of tonight's City Council Agenda packet and discussion on Item 12 on Safety. Last night a member of the OPA publicly said that the city of Santa Monica is "broke". I don't know about the finances of the city, but I know you keep exposing the city to litigation that can break the financial stability and ability to pay for community services residents pay in taxes to this city.

Arrest Sean Besser's wife today, otherwise you leave me no other alternative than filing a claim against the City Attorney's Office tomorrow. To be fair let the Santa Monica Daily Press know of the arrest in order for them to include it in their column like they include mine in 2011. Also a mugshot is necessary, I went through the same indignity and trauma.

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

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 44
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Code Enforcement Violation-Co Living (hostel) on 643 Pacific Street 2/6/25, 3:38 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=a…gid=msg-a:r6186611093547527003&simpl=msg-a:r6186611093547527003 Page 1 of 1 Zoë Muntaner <[email protected]>
Code Enforcement Violation-Co Living (hostel) on 643 Pacific Street Zoe <[email protected]> Wed, Aug 21, 2024 at 3:00 PM
To: [email protected], [email protected] Hi Daniel & Armando,
Again I have a problem with a Landlord. Mika from Rent Control told me to make a report for a Code Enforcement violation. The building is located on 643 Pacific Street, Santa Monica, CA 90405. They are operating a Co-living Space without a license ( akin to a hostel). One of the owners is an attorney and board member from the Ocean Park Neighborhood Association.

Mika said that short-term rental co-living spaces are not legal in the city. I spoke to Oscar de La Torre two weeks ago and he told me I was correct. You should send an inspector to the building. How should I proceed? Kindly reply; thank you.

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

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 45
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 46
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Your Consumer Complaint
Zoe <[email protected]> Wed, May 28, 2025 at 5:04 PM
To: Romy Ganschow <[email protected]>
Ms. Ganshow,
The letter contains some inaccuracies. Bike Attack is not charging a restocking fee. The email sent by Kit Monsalud says usage fee. They are charging for a usage fee, and that was not included in the sale or the receipt. In California, usage fees, often referred to as surcharges or junk fees, are now largely prohibited under Senate Bill 478 (SB 478) and its amendment, SB 1524. This law requires businesses to include all mandatory fees in the advertised price, meaning what a customer sees is what they pay.

Beginning July 1, 2024, the “Honest Pricing Law” or “Hidden Fees Statute,” SB 478, which was recently amended by SB 1524, makes it illegal for most businesses to advertise or list a price for a good or service that does not include all required fees or charges other than certain government taxes and shipping costs. SB 478 is a price transparency bill. The statute does not change what price a business can charge or what may be included in that price. The law simply requires that the price listed include all mandatory charges. Look at the bicycle sales tag from bike attack, there was ro usage fee included.

Put simply, the price a Californian sees should be the price they pay. Kindly look at attachment and reconsider the legal interpretation of your assessment.

Thank you.
[Quoted text hidden]
--
Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer. 5 attachments
Bike Attack Tag.HEIC
1680K
6/10/25, 11:58 AM Gmail - Your Consumer Complaint
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r4155190064589793453&simpl=msg-a:r4155190064589793453 1/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 47
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Bike Attack Price.HEIC
1458K
Bike Attack USAGE? Fee?.pdf
108K
Bike Attack reply to usage fee.pdf
166K
Kit Monsalud email reply.pdf
114K
6/10/25, 11:58 AM Gmail - Your Consumer Complaint
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r4155190064589793453&simpl=msg-a:r4155190064589793453 2/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 48
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Your Consumer Complaint
Romy Ganschow <[email protected]> Wed, May 28, 2025 at 8:39 PM To: Zoe <[email protected]>
Ms. Muntaner,
Civil Code 1770(a)(29), as amended by SB 478, makes it unlawful to advertise, display, or offer a price for a good or service that does not include all mandatory fees or charges other than taxes or postage. A fee to process the return of a used item, whether referred to as a stocking fee, usage fee, or something else, is not a mandatory fee for that item since it is only charged if the customer chooses to return the item. Therefore, SB 478 does not apply to this situation.

Romy Ganschow
Chief Deputy City Attorney
Consumer Protection Unit
City Attorney’s Office
1685 Main Street, 3rd Floor
Santa Monica, CA 90401
Tel: (310) 458-8348
[email protected]
santamonica.gov
CONFIDENTIALITY NOTICE: This message is a confidential attorney client communication and attorney work product. This message is intended only for the use of the individual(s) it is addressed to above. Please do not forward or produce pursuant to a Public Records Act request. The information in this message may be protected by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521. If the reader of this message is not the intended recipient, you are notified that any distribution or copying of this communication is strictly prohibited. If you received this message in error, please immediately notify us by telephone (310-458-8336) and delete the original message.

Thank you.

From: Zoe <[email protected]>
Sent: Wednesday, May 28, 2025 5:40 PM
To: Romy Ganschow <[email protected]>
Subject: Re: Your Consumer Complaint
6/10/25, 11:59 AM Gmail - Your Consumer Complaint
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-f:1833424639665014086&simpl=msg-f:1833424639665014086 1/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 49
Attachment: Written Comments [Revision 3] (7135 : Written Comments)

EXTERNAL
[Quoted text hidden]
6/10/25, 11:59 AM Gmail - Your Consumer Complaint
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-f:1833424639665014086&simpl=msg-f:1833424639665014086 2/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 50
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Your Consumer Complaint
Zoe <[email protected]> Wed, May 28, 2025 at 9:33 PM
To: Romy Ganschow <[email protected]>
Working late Ms. Ganshow,
That is your interpretation of the law, not what the law is designed to do. Once again there is no usage fee allowed. It was not presented to me at the time of sale.

The fact is that the article in the LA Voyage I sent you establishes that good faith was not applied to the sale. The reference article quotes Kitty Monsalud: "Our mechanics and salespeople do not sell you the most expensive bike in the shop. We look at what you really need and make sure you have no buyer’s remorse later on." I did not have buyers remorse, her sales staff did not make sure to sell me what I needed. An Instagram post about this transaction has already garnered the attention and support of residents and bike experts. 55 like, love and care reactions, and 31 comments. A former Commissioner at Bicycling, Transportation, and Street Safety Commission, City of Davis wrote that no adjustable saddle is unconscionable in a bicycle. He furthered his support writing: that has the ergonomics or form of a motorcycle, which makes no sense on something that requires muscle power. At the same price point you can get an Aventon from a bricks and mortar shop in your area, which will also provide support, something which is generally needed a bit more with electric assist bikes.

I am confused. Are you defending and enabling business and people like Sean Besser and Maureen Morris who steal from the city by not paying the fees and breaking laws, or consumers. I would think that the Consumer Protection Unit of the Santa Monica City Attorney's office is supposed to protect Consumers, right? Correct me if I am wrong.

Please reconsider your interpretation of the law which is designed to protect consumers, not unscrupulous businesses.

Otherwise I would have to file a claim against the city for not protecting consumer rights. I am kindly requesting to stop wasting my time and act with integrity.

Good night.
[Quoted text hidden]
6/10/25, 11:59 AM Gmail - Your Consumer Complaint
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r-4840099655361620548&simpl=msg-a:r-4840099655361620548 1/1 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 51
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 52
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 53
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Follow-Up Regarding Returned Sole 24 Electric Bike
Zoe <[email protected]> Wed, May 28, 2025 at 5:39 PM
To: [email protected]
Cc: [email protected], [email protected] Also note that in an article published by Voyage LA on January 8, 2017, Kitty Monsalud said on the record:
"Our mechanics and salespeople do not sell you the most expensive bike in the shop. We look at what you really need and make sure you have no buyer’s remorse later on." This is a flat out lie. I specifically asked for a bike I could use everyday and with an adjustable saddle. That was not the case. When I visited the shop to tell them the saddle didn't adjust, it was when they told me the bike is designed more as a moped for short rides and not for long rides.

1.a
Packet Pg. 54
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Follow-Up Regarding Returned Sole 24 Electric Bike
Zoe <[email protected]> Wed, May 28, 2025 at 5:14 PM
To: [email protected]
Cc: [email protected], [email protected] I received a letter from Deputy City Attorney Romy Ganshaw today. My reply is clear, the investigation from the Santa Monica City Attorney Consumer Protection Unit did not evaluate state law that should be enforced. The letter contains some inaccuracies. Bike Attack is not charging a restocking fee. The email sent by Kit Monsalud says usage fee. They are charging for a usage fee, and that was not included in the sale tag or the receipt.

1.a
Packet Pg. 55
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Bike Attack reply to usage fee.pdf
166K
6/10/25, 11:57 AM Gmail - Follow-Up Regarding Returned Sole 24 Electric Bike https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r2822637135465055428&simpl=msg-a:r2822637135465055428 2/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 56
Attachment: Written Comments [Revision 3] (7135 : Written Comments) By Harry H. Rimm and
Clark A. Freeman
E
very experienced litigator knows that perjury
in civil cases is common
and too often goes unpunished. Prof. Alan Dershowitz once testified before the House of Representatives Judiciary Committee that “no felony is committed more frequently in
this country than the genre of
perjury and false statements.”1
Unfortunately, he may be right.

This is not to say that witnesses
are not prosecuted for lying under
oath at depositions or in court.

They are—both at the federal and
state levels.8 State court judges,
as well as U.S. magistrate judges,
district judges and circuit judges

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 57
Attachment: Written Comments [Revision 3] (7135 : Written Comments) can and do refer matters to the
U.S. attorneys for investigation
and prosecution.9
Rules of Procedure
The Federal Rules of Civil Procedure provide for sanctions in a variety of situations. None of the
Rules, however, is ideally suited
for sanctioning perjury at depositions or in court.

Rule 37 of the Federal Rules
is the most obvious choice. If a
party fails to cooperate in discovery, the opposing party may seek a court order compelling the
recalcitrant party’s compliance.

Rule 37 falls short, however, as
a tool for punishing perjury in
certain important respects. By
its terms, it deals only with discovery sanctions and seems inapplicable to misconduct at trial.

In addition, it requires a party
to defy a court order before the
court can impose sanctions.10 A
party generally does not violate
a specific court order when he or
she lies under oath.

Rule 11 may not be very helpful
either, as it deals primarily with
attorney representations to the
court, not perjury by witnesses.

Freeman of Sullivan & Worcester
discuss tools that courts have at
their disposal to police witness
perjury in deposition and incourt testimony and provide some suggestions on ways to do
it better.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 58
Attachment: Written Comments [Revision 3] (7135 : Written Comments) seek an enhancement for a defendant’s obstruction of justice in accordance with U.S.S.G. §3C1.1.

Lawyer disciplinary committees
provide one example of how such
a committee could be structured.

New procedural rules also are
needed. The Federal Rules of
Civil Procedure could contain a
rule that specifically addresses
JANUARY 12, 2015
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 59
Attachment: Written Comments [Revision 3] (7135 : Written Comments) perjury during discovery and in
court. Such a rule would codify,
but not replace, the court’s inherent authority. It would define more clearly the authority of the
court and impose a measure of
control that would free the court
from some of the restraint it necessarily must exercise in acting under its inherent power.

Endnotes:

1. Testimony of Alan M. Dershowitz, House of Representatives Judiciary Committee, Dec. 1, 1998.

2. McMunn v. Mem’l Sloan-Kettering Cancer Ctr., 191 F. Supp. 2d 440, 445 (S.D.N.Y. 2002).

3. In re Michael, 326 U.S. 224,
227-28 (1945).

4. 18 U.S.C. §1623; see also 18
U.S.C. §§1621-22.

5. NY Penal Law §§70.00, 210.15.

7. Bureau of Justice Statistics,
Federal Justice Statistics Program, http://www.bjs.gov/fjsrc/ (search run Dec. 15, 2014).

8. See, e.g., United States v. Kross,
14 F.3d 751, 752 (2d Cir. 1994);
People v. Weiss, 99 A.D.3d 1035,
1037-40 (3d Dep’t 2012).

June 6, 2013) (magistrate judge).

10. See, e.g., McMunn, 191 F.

Supp. 2d at 442.

11. See, e.g., Bower v. Weisman,
674 F. Supp. 109, 112 (S.D.N.Y.
1987).

12. See, e.g., 317 W. 87 Assocs. v.

Dannenberg, 159 A.D.2d 245, 245-
46 (1st Dep’t 1990).

13. CDR Creances S.A.S. v. Cohen,
23 N.Y.3d 307, 318 (2014) (citing
Anderson v. Dunn, 19 U.S. 204, 227
(1821)).

14. McMunn, 191 F. Supp. 2d at
445.

15. Bower, 674 F. Supp. at 112
(quoting Roadway Exp. v Piper,
447 U.S. 752, 764 (1980)); Chambers v. NASCO, 501 U.S. 32, 44-45 (1991).

1.a
Packet Pg. 60
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Your Consumer Complaint
Zoe <[email protected]> Wed, May 28, 2025 at 5:04 PM
To: Romy Ganschow <[email protected]>
Ms. Ganshow,
The letter contains some inaccuracies. Bike Attack is not charging a restocking fee. The email sent by Kit Monsalud says usage fee. They are charging for a usage fee, and that was not included in the sale or the receipt. In California, usage fees, often referred to as surcharges or junk fees, are now largely prohibited under Senate Bill 478 (SB 478) and its amendment, SB 1524. This law requires businesses to include all mandatory fees in the advertised price, meaning what a customer sees is what they pay.

Put simply, the price a Californian sees should be the price they pay. Kindly look at attachment and reconsider the legal interpretation of your assessment.

1.a
Packet Pg. 61
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Bike Attack Price.HEIC
1458K
Bike Attack USAGE? Fee?.pdf
108K
Bike Attack reply to usage fee.pdf
166K
Kit Monsalud email reply.pdf
114K
6/10/25, 11:58 AM Gmail - Your Consumer Complaint
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=all&permmsgid=msg-a:r4155190064589793453&simpl=msg-a:r4155190064589793453 2/2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 62
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Your Consumer Complaint
Romy Ganschow <[email protected]> Wed, May 28, 2025 at 8:39 PM To: Zoe <[email protected]>
Ms. Muntaner,
Civil Code 1770(a)(29), as amended by SB 478, makes it unlawful to advertise, display, or offer a price for a good or service that does not include all mandatory fees or charges other than taxes or postage. A fee to process the return of a used item, whether referred to as a stocking fee, usage fee, or something else, is not a mandatory fee for that item since it is only charged if the customer chooses to return the item. Therefore, SB 478 does not apply to this situation.

Thank you.

1.a
Packet Pg. 63
Attachment: Written Comments [Revision 3] (7135 : Written Comments)

1.a
Packet Pg. 64
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Your Consumer Complaint
Zoe <[email protected]> Wed, May 28, 2025 at 9:33 PM
To: Romy Ganschow <[email protected]>
Working late Ms. Ganshow,
That is your interpretation of the law, not what the law is designed to do. Once again there is no usage fee allowed. It was not presented to me at the time of sale.

Please reconsider your interpretation of the law which is designed to protect consumers, not unscrupulous businesses.

Otherwise I would have to file a claim against the city for not protecting consumer rights. I am kindly requesting to stop wasting my time and act with integrity.

1.a
Packet Pg. 65
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Officer DelCrognale #3770 Cover Up 1131 14th Street unit 8 RENT CONTROL 2/14/25, 2:49 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=a…gid=msg-a:r2144755951890140800&simpl=msg-a:r2144755951890140800 Page 1 of 2 Zoë Muntaner <[email protected]>
Officer DelCrognale #3770 Cover Up 1131 14th Street unit 8 RENT CONTROL Zoe <[email protected]> Fri, Dec 8, 2023 at 12:48 PM
To: [email protected], [email protected], [email protected], Manju <[email protected]>, [email protected], [email protected], [email protected], [email protected] Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Dear Chief Batista, Lieutenant Flores and Members of the SMPSOC, As you are aware I have been dealing with landlord harassment since December of 2021. LAst week it escalated to battery assault at the hands of Marty Kaplan and identity theft by her and her attorney Avraham Sinai. After collecting some of my winter wardrobe I left my apartment and was told I could request a police report when I return from my trip to the east coast. I left confi=dent that that was going to be the case. Today I received an electronic communication that there was no report. I have video from the lawyer of the property owner telling the officer, there will be no report because there was no crime.

1.a
Packet Pg. 66
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Officer DelCrognale #3770 Cover Up 1131 14th Street unit 8 RENT CONTROL 2/14/25, 2:49 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…gid=msg-a:r2144755951890140800&simpl=msg-a:r2144755951890140800 Page 2 of 2 securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 67
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Zoë Muntaner <[email protected]>
Fwd: Your bike exchange
Zoe <[email protected]> Sun, Apr 20, 2025 at 1:42 PM
To: Bike Attack <[email protected]>
Hi Kit,
I do not agree to the 20% usage fee as I was not advised or agreed to it at the time of purchase.

1.a
Packet Pg. 68
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Gmail - Code Enforcement Violation-Co Living (hostel) on 643 Pacific Street 2/6/25, 3:38 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=a…gid=msg-a:r6186611093547527003&simpl=msg-a:r6186611093547527003 Page 1 of 1 Zoë Muntaner <[email protected]>
Code Enforcement Violation-Co Living (hostel) on 643 Pacific Street Zoe <[email protected]> Wed, Aug 21, 2024 at 3:00 PM
To: [email protected], [email protected] Hi Daniel & Armando,
Again I have a problem with a Landlord. Mika from Rent Control told me to make a report for a Code Enforcement violation. The building is located on 643 Pacific Street, Santa Monica, CA 90405. They are operating a Co-living Space without a license ( akin to a hostel). One of the owners is an attorney and board member from the Ocean Park Neighborhood Association.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 69
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 70
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Patti Braun <[email protected]>
Sent: Tuesday, June 10, 2025 3:57 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: Nicole Faries
Subject: Keep our children and families top of mind

EXTERNAL
Dear Mayor Negrete and Esteemed Council Members,
I am writing to ask you to keep our community’s children and youth (and our future children and youth) top of mind as you weigh the three Airport Conversion scenarios and the many iterations possible therein.

I am the Vice President of Community Concerns for the Santa Monica Malibu PTA Council, in which I’ve served in elected leadership for nearly 3 decades. I was President Emeritus back in 2014 when SMMPTA completed a comprehensive study on Measure LC, concerned by the dangerous airport and its toxic emissions in a residential neighborhood near schools and preschools, and motivated by the tremendous need for recreational green and blue spaces in our park-poor, rapidly densifying city.

After examining the issues thoroughly, we voted to endorse Measure LC. PTA Council and the families and teachers from all our Santa Monica schools that we represent took part in helping pass this Measure.

This fall, SMMPTA Council voted to reaffirm our commitment to Measure LC with its aim of maximizing the 192 acres of SMO to create a great park with no development.

We have encouraged the students and families we represent at all our Santa Monica school sites to take part in listening sessions, surveys, and parent engagement events. Hundreds of our families have done so, asking for no development on this land and for a great park to serve all our residents, particularly keeping in mind the growing number of children and youth without back yards and adequate space in which to play.

The published results of that public engagement have shown unequivocally that Santa Monica prefers an LC-compliant great Park with no development unless connected to culture, arts, leisure and recreation—perhaps small restaurants or cafes, a children’s museum, small outdoor performing arts spaces, fields and sports facilities, play spaces, gardens, and picnic areas, etc.

Santa Monica has only 1.4 acres of parkland per 1000 residents. At the city’s current 92,000 population level, Santa Monica is severely “park poor” by all Los Angeles County, State of California, and national measures and this negatively effects our city’s children the most. As future density Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 71
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 2 occurs in SM over the next decades, the need for space for children to run, to fully immerse themselves in nature, to explore outdoor learning gardens, to play sports, etc., will only be MORE necessary.

SMMPTA Council speaks for our parents and teachers, on behalf of Santa Monica’s schoolchildren and their wellbeing. We ask you to honor the will of the people who passed LC, and of those who engaged in the Airport Conversion Project’s public process.

You have just one large-scale piece of land on which to create an expansive great park in our seriously park-poor city, and you will be remembered for it!
Please honor the will of the voters in 2014, and the preferences of the thousands of parents and families I represent who have engaged in today’s SM airport conversion process. There has been a groundswell of support for the promised LC-compliant great park, and much excitement about this hoped-for expansive Santa Monica destination.

Thank you,
Patti Braun
VP Community Concerns
Santa Monica-Malibu PTA Council
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 72
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 3 David Yakobson
From: MIKI YOKOI <[email protected]>
Sent: Tuesday, June 10, 2025 12:55 PM
To: councilmtgitems
Subject: 1436 20th st Santa Monica 90404

EXTERNAL
Hi all,
Hope all is well with you.

My name is Miki, living in the unit on the alley side. I’d like to add my comment to the council meeting tonight @5:30 since I can not attend it.

The address is 1436 20th st Santa Monica 90404.

I have 2 young kids living with me and I feel it’s not safe enough especially for them, and it’s getting worse these days.

I see homeless people stay in front of our unit often, shouting, doing drug, make a mess and leave garbage.

I concern about our health caused by the mess and garbage next door, and it’s expanding to in front of my unit often.

The explosion and fire next door in the midnight (2am) on March was also insane. I was myself with 2 kids that night and it was frightening.

We do need police help and code enforcement more.

Thank you.

Best regards,
Miki
Sent from my iPhone
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 73
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 4 David Yakobson
From: David Kaplan <[email protected]>
Sent: Tuesday, June 10, 2025 12:02 PM
To: Lana Negrete; Jesse Zwick; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Dan Hall; Barry Snell; Armine Chaparyan; Rachel Kwok; councilmtgitems Subject: Airport Park

EXTERNAL
I strongly support the Park only use. Housing is provided at numerous now available sites throughout the City better situated to public transit. The presentations already show the problem. The park will be an extension of the housing and will be dominated by that use and therefore not a park and open space for the whole City. An unfortunate bias of the visuals are the curving paths and other deveopment of the park in the schemes with housing and then a blank for park and community use. That already anticipates the park as a front yard for hundreds if not thousands of immediate residents rather than a citywide serving park and open space for our area besides the sandy beach.

I understand the primacy of housing but don't create another mass housing complex on the park land.

The purpose of the Measure was an open green space for the City with potential community spaces accesible to all.

Thanks
David Kaplan
Pier Avenue
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 74
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Sharon Franke <[email protected]>
Sent: Tuesday, June 10, 2025 11:59 AM
To: councilmtgitems
Cc: Eric Chang
Subject: 1436 20th Street
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Dear Santa Monica City Council Members:

My brother, Eric, and I co-own unit 16 at 1436 20th Street. We both grew up in beautiful Santa Monica, attending Roosevelt Elementary School and Lincoln Middle School and have fond memories growing up there. I lived at our townhouse for many years as a young adult and enjoyed the neighborhood.

However, in recent years, the unit directly north to it, which has been pending development, has fallen under disrepair and neglect. Most recently, there have been squatters leaving refuse (trash, fecal matter) and starting fires. Despite repeated requests from Santa Monica Villas HOA, there has been minimal cooperation from the property managers next door. They seem to make excuses, allowing for squatters to remain there and trash to pile up.

The property managers and developers need to be held accountable for keeping the property safe and secure for residents around the area until they are able to start demolition.

I respectfully ask you to compel them to take the necessary steps so that 1436 20th Street can remain a safe and desirable place to live.

Thank you,
Sharon Franke
Property owner, 1436 20th Street Unit 16
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 75
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Chloe Joelle <[email protected]>
Sent: Tuesday, June 10, 2025 11:03 AM
To: councilmtgitems
Cc: [email protected]
Subject: E Zone Legislation Amendment

EXTERNAL
With the ongoing protests, the city needs to set stricter guidelines with the open container bill. Please add this into the agenda for the city council meeting.

Chloe
https://www.change.org/p/amend-the-third-st-entertainment-zonelegislation?recruiter=657098513&recruited_by_id=982f3b20-ccc3-11e6-b1eb190ce7ea5037&utm_source=share_petition&utm_campaign=petition_dashboard&utm_medium=copyli nk
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 76
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Jeffares, Jon <[email protected]>
Sent: Tuesday, June 10, 2025 11:18 AM
To: councilmtgitems
Subject: Council Meeting Item

EXTERNAL
Hi. I am not able to attend the meeting tonight but wanted to share my public comment. I live at 1436 20th Street and I am writing about the vacant property next door (1420-1422 20th Street) that has been overrun with squatters who are creating a dangerous environment for the residents around here. We have been getting increasingly alarmed with their presence. For starters, twice now in the past week or so they have started fires in there and the fire department has had to come. I’m not sure why police didn’t come as well. Besides the fires there is frequent yelling and disturbances at all hours of the night, the police have had to come in the middle of the day before for fighting in there, there is drug use, needles have been seen, there is human feces left in our alley and in the bushes behind our building, I no longer allow my family to take the trash out at night or early in the morning because we do not feel safe. It is not fair that we are paying Santa Monica property taxes and nothing is being done about this. We want the building owners to be held accountable but our requests are falling on dead ears. My unit in particular backs up to that building and so safety is our primary concern. Several units on our side of the building have been put up for sale because people do not want to deal with this and feel unsafe having their children around this. We have called the SMPD, 311, made claims online and nothing seems to be getting done about these issues. The property is now overrun with trash and debris, which extends onto the sidewalk on 20th almost making it diƯicult to walk around.

Thank you,
Jon JeƯares
Jon Jeffares
Sales Rep EVS
Acute Care Sales
Medline Industries, LP
www.medline.com
310-748-0421(Office)
800-633-5463(Customer Service)
800-307-8386(Returns)
800-950-0128(Quality)
[email protected]
This communication may contain sensitive, confidential, and proprietary information of Medline and is intended for the addressee only. Any dissemination, distribution, or use by others is prohibited. If you received this communication in error, please destroy it, all copies, and any attachments and notify the Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 77
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 2 sender as soon as possible. Any statements or opinions expressed do not necessarily reflect those of Medline or its subsidiaries and affiliates.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 78
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 3 David Yakobson
From: cc <[email protected]>
Sent: Tuesday, June 10, 2025 11:41 AM
To: councilmtgitems
Subject: *URGENT HELP NEEDED* 1420-1422 20th Street

EXTERNAL
Hello:

I am a homeowner and resident of 1436 20th Street, right next door to the 1420-1422 20th St lot.

It has become a seriously dangerous situation and health hazard to those living by it. Piles and piles of unimaginable and disgusting waste, including human feces, urine, garbage, drug needles, rat and insect infestations, and whatever else one can imagine have been building. With no real, helpful response by the law enforcement, building mangers and especially the owners of the land - we as neighbors are left with an unlivable condition. This is unacceptable.

The negligence of the land have been unbelievable and honestly cruel to those living around it. This kind of inaction and frankly uncaring attitude have amounted to a real danger. This must STOP and be resolved as soon as possible.

Our HOA have been contacting the manager and whoever that may help, but when there’s been a half-step forward, 10 steps backwards invariably would follow and have resulted in a massive problem that has exponentially surmounted to an emergency situation, causing an environmental danger not only to us humans but to surrounding habitat, posing threats not only to our medical health but also mental health by the horrendous stress put upon its neighbors which include families with young children.

City of Santa Monica, we need your help.

I invite any of you to visit the site and see for yourself what has become of the lot, and request that you ask yourself, “Will I want my family living here?”
Thank you,
Cozet Chung

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 79
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 4 David Yakobson
From: Reid Johnson <[email protected]>
Sent: Tuesday, June 10, 2025 11:16 AM
To: councilmtgitems
Subject: Major health and safety issues: 1420-1422 20th St. Santa Monica

EXTERNAL
Dear City Council Members,
I wanted to express my concerns related to the ongoing issues occurring at the abandoned property located at 1420-1422 20th St. Santa Monica.

The property has been overtaken by squatters and homeless, whom pose serious risks to public safety and health. There have been multiple fires, incidents of drug use and disposal of needles, and excrement of human waste on the property and on the public sidewalks.

I’m requesting that the city of Santa Monica and the property owner aggressively address these issues.

The property needs to be properly secured, cleaned, and actively monitored. Further, perhaps the demolition process can be expedited.

Regards,
Reid
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 80
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: safe matters <[email protected]>
Sent: Tuesday, June 10, 2025 10:22 AM
To: councilmtgitems
Cc: Chloe Sm Resident Tropical
Subject: 1200 block amendment E Zone 90403 ( city council 6/10/25)

EXTERNAL
Amend the Third St. "Entertainment Zone"
Legislation
Sign petition
79 Verified signatures
Sent from my iPhone
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 81
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: safe matters <[email protected]>
Sent: Tuesday, June 10, 2025 10:30 AM
To: councilmtgitems
Subject: City council-meeting 6/10/25 protecting the Area north of Wilshire 3rd/4th street Residents request

EXTERNAL
As residence, we are very concerned about the 1200 block Noise and litter and riffraff over spilled into our neighborhood. We already are burdened with this currently.

We have asked numerous times to make sure that the north of Wilshire line is protected than all amplified. Music is at Arizona Avenue facing south to the rest of the dead Promenade not towards our neighborhood.

We really appreciate it if you could protect the residence quality of life from further going downhill due to even more congestion & noisy events that can attract riff raff into our community.

Thank you for your attention. Residents 90403 near Wilshire line above 1200 block 3rd Sent from my iPhone Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 82
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 2 David Yakobson
From: MIKI YOKOI <[email protected]>
Sent: Tuesday, June 10, 2025 10:21 AM
To: councilmtgitems
Subject: Issues about our next door

EXTERNAL
Hi all,
Hope all is well with you.

My name is Miki, living in the unit on the alley side. I’d like to add my comment to the council meeting tonight @5:30 since I can not attend it.

I have 2 young kids living with me and I feel it’s not safe enough especially for them, and it’s getting worse these days.

I see homeless people stay in front of our unit often, shouting, doing drug, make a mess and leave garbage.

I concern about our health caused by the mess and garbage next door, and it’s expanding to in front of my unit often.

The explosion and fire next door in the midnight (2am) on March was also insane. I was myself with 2 kids that night and it was frightening.

We do need police help and code enforcement more.

Thank you.

Best regards,
Miki
Sent from my iPhone
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 83
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 3 David Yakobson
From: n-n <[email protected]>
Sent: Tuesday, June 10, 2025 9:35 AM
To: councilmtgitems
Subject: Request for Action: Hazardous Conditions at Adjacent Property

EXTERNAL
Dear City of Santa Monica,
My name is Noa-Neus Fuentes Romero, and I reside at 1436 20th St, Santa Monica, 90404.

Our family of four, along with other families in our community, is extremely concerned about the situation at the adjacent property. The building has been abandoned and is now occupied by homeless individuals, accumulating trash, needles, and human feces. We constantly hear fights, and the area has been set on fire multiple times, posing a serious threat to our safety. We urgently request action to address this significant problem.

Thank you,
Noa
--
SUENAON | Digital illustrator and Graphic designer
www.suenaon.com
@suenaon · @suenaon_la
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 84
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 4 David Yakobson
From: Àlex Collado Castells <[email protected]>
Sent: Tuesday, June 10, 2025 8:14 AM
To: councilmtgitems
Subject: 1422 20th St Abandoned property

EXTERNAL
Dear City of Santa Monica,
My name is Alex Collado Castells, and live in 1436 20th St, Santa Monica, CA 90404. I am writing in regards to an abandoned property at 1422 20th St, Santa Monica, CA 90404.

We urgently implore the city to take immediate action regarding the escalating crisis in front of our building. Homeless individuals are threatening residents, openly defecating, littering excessively, using drugs, and discarding needles on the street. Within the last week alone, the fire department responded to two fires at the abandoned building, whose owner shows no regard for the situation. The safety of residents must be the city's top priority; we are living in fear and desperately need your intervention.

Thank you for considering our request.

Sincerely,
Àlex
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 85
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Leslie Neale <[email protected]>
Sent: Monday, June 9, 2025 5:10 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Barry Snell; councilmtgitems
Cc: Oscar Santiago; Rick Valte; Shannon Parry; Teague Weybright; Cris Gutierrez Subject: Value of Community Gardens...No Tripling Increase of Garden Fees

EXTERNAL
Dear Members of the Santa Monica City Council,
The Santa Monica Community Gardens bring immense value to our special city in all aspects of personal and community wellbeing!
As gardeners working in our small plots we are contributing to the beautification and reputation of Santa Monica as a leading city in sustainable, organic and regenerative practices. We’re not just gardeners, we are ambassadors!
My family works 4 - 10 hours a week in our garden and nearly every time we are there we stop to talk to visitors in our city passing through the garden. We stop and chat and answer their questions about the city’s program and how and what we are growing - essentially encouraging by example how to connect to the earth in a meaningful and responsible way! I ask you to recognize our contribution to the betterment of our city as one of our nation’s leaders in environmental sustainability.

Please recognize the value we bring to the city by allowing us to work with the Office of Sustainability and Environment to come up with the 30K cost recovery as opposed to tripling our fees outright. In addition to our individual “rents” as gardeners, we contribute financially with soil, amendments, hardscape, seeds and plants. For most gardeners, tripling the cost will be unsustainable especially as we recently had a fee increase and our dear city will be at risk of losing such a showcase program.

Don’t let that happen!
Thank you for your time and attention,
Leslie Neale
Our garden:

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 86
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 2 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 87
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 4 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 88
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 6 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 89
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 8 Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 90
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Lauren Chang <[email protected]>
Sent: Monday, June 9, 2025 1:59 PM
To: councilmtgitems
Subject: Request for Reconsideration re 1331 Wilshire Boulevard (Agenda Item Nos. 12A.4-5, 5/13/25)
Attachments: Josepho - 1331 Wilshire - Letter to City Council re Rezone.pdf Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Dear Mayor Negrete and Honorable Councilmembers:

Our law firm represents Josepho Wilshire Holdings LLC, the owner of the property located at 1331 Wilshire Boulevard in the City of Santa Monica. We are wriƟng to request that City Council move to consider and approve amendments to the districƟng and general plan land use maps for 1331 Wilshire Boulevard, as previously considered and tabled by City Council on May 13, 2025 (Agenda Item Nos. 12A.4-5).

We thank you for your consideraƟon.

Best,
Lauren
Lauren K. Chang
+1 213-617-5588 | direct
+1 858-900-4959 | mobile
[email protected] | Bio
SheppardMullin
350 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3460
+1 213-620-1780 | main
www.sheppardmullin.com | LinkedIn
Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 91
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Lauren K. Chang
213.617.5588 direct
[email protected]
June 9, 2025

BY EMAIL
Mayor Lana Negrete
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Email: [email protected]
Re: Request to Take Action and Approve Amendments to the Districting and General Plan Land Use Maps for 1331 Wilshire Boulevard, Previously Considered (and Tabled) by City Council on May 13, 2025 (Agenda Item Nos. 12A.4-5) Dear Mayor Negrete and Honorable Councilmembers:

Our law firm represents Josepho Wilshire Holdings LLC, the property owner (the "Owner") of the parcel located at 1331 Wilshire Boulevard (the "Property") in the City of Santa Monica (the "City"). We are writing to request that City Council motion to consider this rezone and general plan amendment at a future hearing. We also request that City Council approve the staff recommendations contained in Agenda Item Numbers 12.A.4 and 5 from the May 13, 2025 hearing.

The existing building on the Property was recently occupied by an approximately 17,725- square-foot Rite Aid. Rite Aid vacated the Property on May 28, 2025, in advance of its lease expiration on June 30, 2025. The Owner has been looking for a new tenant for nearly two years in anticipation of Rite Aid's departure. The existing zoning and land use designations severely limit the allowable uses at the Property, because a portion of the existing building is in the Low Density Residential (R2) zone while the remainder is in the Mixed-Use Boulevard (MUB) zone.

The land use designations are similarly split. The Owner has received interest from the nationally-recognized specialty grocery store: Trader Joe's. However, a grocery store use is not permitted in the R-2 zone and would require a zone change and general plan amendment, which make re-tenanting the building to another use challenging.

As you know, on March 19, 2025, Planning Commission recommended that City Council adopt a resolution to amend the Santa Monica General Plan Land Use Map1 and an ordinance 1 Resolution Number 25-005 (PCS), https://www.smgov.net/departments/pcd/agendas/PlanningCommission/2025/20250319/s20250319%2011Ab.pdf.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 92
Attachment: Written Comments [Revision 3] (7135 : Written Comments) to amend the Official Districting Map2 to ensure a consistent land use designation and zone, respectively, across the entire Property ("Rezoning Actions"). This outcome was preceded by careful analysis and consideration by Planning staff. However, on May 13, 2025, City Council voted to table consideration of the Rezoning Actions ("City Council Meeting").

To inform your consideration this letter: (1) explains the split zone and land use designation of the Property and the pressing need for the rezone and general plan amendment; (2) outlines the serious impacts if the Rezoning Actions are not approved and the split zone and land use designation continue; and (3) corrects specific comments raised at the City Council Meeting. We appreciate your consideration.

I. Background
As noted in the City Council Report ("Staff Report"), the Property currently has split zoning, with the front two-thirds along Wilshire Boulevard designated MUB, and the rear onethird designated as R2.3 The land use designations are similarly split between MUB and Low Density Housing, respectively. The existing building at the Property spans both zones and land use designations. See Figure 1: Zoning Map, below.

Figure 1: Zoning Map
2 Resolution Number 25-006 (PCS), https://www.smgov.net/departments/pcd/agendas/PlanningCommission/2025/20250319/s20250319%2011Ac.pdf. 3 Staff Report, pp. 22-23, https://santamonicacityca.iqm2.com/Citizens/FileOpen.aspx?Type=30&ID=52100&MeetingID=1435.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 93
Attachment: Written Comments [Revision 3] (7135 : Written Comments) In the Staff Report, Planning correctly characterized the Property's split zoning as a "mapping error."4
This conclusion is supported by the City's policy choice to apply the MUB zone to the Property, with the goal of promoting "vibrant, diverse and attractive pedestrianfriendly boulevards."5 Indeed, the City encourages ground-floor uses of buildings in the MUB zone to include "local-serving retail."6
A split zone that cuts through an existing building,
severely limiting the addition of local-serving retail to the Property, cannot have been intended— and must therefore be a mapping error—as it stymies the goals the City aims to achieve for Wilshire Boulevard.

The MUB zone permits a variety of commercial uses, including "General Markets" (i.e., retail food markets that sell food and grocery items primarily for off-site preparation and consumption). The MUB zone also permits the recent use (Rite Aid), which is a "General Retail Sales, Small-Scale" use (i.e., retail stores with 25,000 square feet or less of sales area). 7 In
contrast, the R2 zone generally permits only low-density residential uses. Accordingly, even though Rite Aid was permitted in the Property's MUB zone, it was considered a legal nonconforming use in the R2 portion of the Property.

As you know, the Santa Monica Municipal Code ("SMMC") allows legal nonconforming uses to continue, but the use cannot be expanded or intensified. A nonconforming use also cannot be changed to another nonconforming use under the SMMC. And once a legal nonconforming use ceases for a period of more than one year, the use is considered abandoned and any future use must comply with the existing zoning.8 The practical impact of
this rule is that the Owner will have to continuously lease the Property to another general retail sales use (like a Rite Aid) to preserve these nonconforming rights. The only other options are to redevelop the Property into a low-density residential use or file an expensive and uncertain rezone and general plan amendment for the Property with the City for consideration. Given the options, if the City does not approve Planning's recommendations, there is a very real possibility that the Property will remain vacant for an extended period.

II. Impacts of a Failure to Rezone
The impacts of a failure to rezone the Property are severe. For the Owner, the potential tenant list would remain short, as the new tenant would need to have a use substantially similar to Rite Aid's use. This is an urgent problem: Rite Aid vacated the Property on May 28, 2025 in advance of its lease expiration and prior to anticipated liquidation of the entire chain as a result of its recent bankruptcy filing (its second in two years). The one-year time period for a new tenant to benefit from Rite Aid's legal nonconforming rights also began running on May 28, 2025. The Owner is diligently pursuing a new tenant but has been challenged by the limitations imposed by the Property's split zoning. While the Owner has received interest from Trader 4 Staff Report, p. 20.
5 Santa Monica Land Use and Circulation Element, p. 2.1-36, https://www.santamonica.gov/media/Document%20Library/Topic%20Explainers/Planning%20Resources/Revised%2 0LUCE%20May%202023%20(6th%20Housing%20Element).pdf. 6 Id. at 2.1-37. 7 Santa Monica Municipal Code, Table 9.11.020, https://ecode360.com/42746863#42746870. A Conditional Use Permit is required for General Markets larger than 15,000 square feet. 8 Id. § 9.27.050, https://ecode360.com/42747659#42747834.

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 94
Attachment: Written Comments [Revision 3] (7135 : Written Comments) Joe's (a General Markets use, per the SMMC), Planning staff has confirmed that Trader Joe's will not be able to operate until the current split zoning condition is resolved. Accordingly, failure to rezone the Property could frustrate the Owner's lease negotiations with Trader Joe’s.

In addition to the economic harm to the Owner that would result, the community would likely suffer. Absent resolution of the Property's split zone, the existing building may remain vacant for a considerable length of time, especially if a tenant cannot be found within a year.

Even if a tenant that may continue as a legal nonconforming use is found within a year, it may be less desirable to the community than Trader Joe's would be. This would be especially disappointing in light of the popularity of Trader Joe's and the City's stated goal of encouraging ground-floor local-serving retail on Wilshire Boulevard.

III. Response to Comments at City Council Meeting
At the City Council Meeting, comments were made that suggest a misunderstanding of the nature of the Property's split zone and the Rezoning Actions. These comments generally involved two topics: (1) concurrent consideration of a split zone at 2644 30th Street, and (2) whether the Rezoning Actions are illegal spot zoning. We address each below.

First, it is true that City Council considered similar actions to the Rezoning Actions to remedy what Planning staff identified as a split zone at 2644 30th Street. We do not take a position on Planning's assertions but wish to highlight that the Property and 2644 30th Street are separate properties with completely different circumstances. The Property should not be lumped in with 2644 30th Street. As reported in the Staff Report, two zones apply to the building on the Property (MUB and R2), while only one zone applies to 2644 30th Street (R1).9

Moreover, the Property is located in a higher density neighborhood than 2644 30th Street, and the Rezoning Actions would not impact a single-family residential neighborhood. Indeed, no single-family homes are located near the Property, while single-family homes are directly across both 29th and 30th Streets from 2644 30th Street. This likely explains why the vast majority of comments in opposition at the City Council Meeting objected to the rezoning of 2644 30th Street, rather than the Property.

Second, a few commenters referenced spot zoning in the context of the Rezoning Actions. Spot zoning is generally invalid when it applies more restrictive zoning to a parcel surrounded by parcels with less restrictive zoning.10 Courts have been more hesitant to find invalid spot zoning when the parcel receives less restrictive zoning than its surrounding parcels.11 Here, the Rezoning Actions would apply the less restrictive MUB zone to the entire Property, rather than a more restrictive zone. It is worth repeating that the MUB zone already applies to a substantial portion of the Property; as far as we know, no court has ever found impermissible spot zoning when a local government acts to rectify a split zone. Moreover, while the Property is adjacent to a parcel with the more restrictive R2 zone, it is not surrounded by such parcels: the MUB zone applies to parcels located directly across each street from the Property. In fact, the only adjoining property with the R2 zone is also owned by the Owner and 9 Staff Report, p. 21. 10 Reynolds v. Barrett, 12 C.2d 244 (1938). 11 See, e.g., Wilkins v. City of San Bernardino, 29 C.2d 332 (1946).

Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 95
Attachment: Written Comments [Revision 3] (7135 : Written Comments) provides parking for the Rite Aid at the Property. Despite this, neither Planning staff nor the Owner is pursuing rezoning of the R2-zoned parking lot. * * *
For all the reasons stated above, we respectfully request that City Council reconsider the Rezoning Actions at an upcoming meeting to ensure a consistent land use designation and zone across the entire Property and enable successful leasing of the Property. We firmly believe the Rezoning Actions are legal and within City Council's authority, and we hope this letter gives City Council the comfort to move forward.

With warm regards,
Lauren K. Chang
for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
SMRH:4896-5984-1094.5
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 96
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: Eric Fu <[email protected]>
Sent: Sunday, June 8, 2025 8:17 PM
To: councilmtgitems
Subject: 6-10-25 Agenda Topic - 1420- 1422 20th St Development

EXTERNAL
Hello,
Can we bring up/discuss the development at 1420 1422 20th St., Santa Monica? There have been two fires now (one at least self set by an unhoused individual) in the past week alone and I am worried about the safety of the neighborhood (I live right next door at 1436 20th St, Santa Monica, CA).

Thank you,
Eric Fu
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 97
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, June 7, 2025 4:55 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Santa Monica: Dangerous City and Parks

EXTERNAL
$100 million spent giving away free needles in our parks during the last 12 months...that's scheduled to triple. How many cases of Hepatitis C during the same time period? Is Santa Monica Mayor Negrete going to do what's right for all of Santa Monica, and condemn the Venice Family Clinic and LA County Board of Public Health for this covert operation? Will the Mayor vote against more grants to Venice Family Clinic and money for homeless services? Insta
https://www.instagram.com/reel/DKm6ddDp2yb/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/uz1x0vohoXY
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 98
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 2 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, June 9, 2025 9:55 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Next Time You're Grocery Shopping, Ask the Manager How Many Times a Day and Week This Occurs

EXTERNAL
Friday afternoon grocery shopping on Montana Avenue in Santa Monica. 2 transient addicts, one of them posing as a federal agent, attempt to steal, but are resisted by brave, fed-up employees who protected customers and retrieved merchandise inside the store. 911 Dispatcher was called but no official incident report was filed because SM Police did not arrive. Another UNREPORTED crime, as the Dispatcher was more interested in the type of clothes they were wearing and the color of their skin, and time ran out to remain on the phone. Suspects may have been armed with blades.

Insta
https://www.instagram.com/reel/DKrgKZCHRy/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/sNcNmZrisrA
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 99
Attachment: Written Comments [Revision 3] (7135 : Written Comments) 1 David Yakobson
From: [email protected]
Sent: Friday, June 6, 2025 3:21 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Ellis Raskin; Barry Snell; councilmtgitems; Oscar Santiago; Shannon Parry; Teague Weybright; Ishara Bailis; Cris Gutierrez
Subject: Proposed fee increase
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Dear Council Members,
While we appreciate the need to cover a budget shortfall we do not believe that this shortfall should be borne by the community gardeners.

In the past few years we have had at least two fee increases, and to triple our existing rate would be beyond the capacity of many of our community.

The Santa Monica Community Gardens serve as a model for sustainable and local food production and as such should be encouraged and not limited. If we raise fees too high we will limit participation to those who have the means and exclude many individuals and families who would benefit greatly from this wonderful city service.

Please think carefully before making your final decision Sincerely
Tim Bowler and Ishara Bailis
Main Street Gardeners
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 100 Attachment: Written Comments [Revision 3] (7135 : Written Comments) 2 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, June 5, 2025 3:43 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Thursday June 4, 2025

EXTERNAL
Santa Monica's 3rd Street Promenade and Ocean Avenue were once safe, clean shopping, event and dining venues where teens could bike, actually find their bikes afterwards, and where families and tourists felt safe parking and walking to and from their cars. The City Council, handpicked by the far left "SMRR" political organization, has turned Downtown Santa Monica into what they define as an "Entertainment Zone", with open air needle distribution, meth smokers, transients and drug dealers wreaking havoc on struggling businesses and the minds and bodies of people who abuse it. Now against the wishes of most retailers polled, Santa Monica's Mayor and Council are rolling out the concept of consumption of alcoholic beverages while walking on the Promenade and public sidewalks, and discouraging expansion of outdoor dining. And at the same time underfunding its Police Department whose Chief Ramon Batista says it needs more sworn officers on the streets and in the parks.

Insta
https://www.instagram.com/reel/DKiPvD-iZFN/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/HQxG-HouoSY
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 101 Attachment: Written Comments [Revision 3] (7135 : Written Comments) 3 David Yakobson
From: Hunter Hall <[email protected]>
Sent: Thursday, June 5, 2025 11:04 AM
To: [email protected]; Council Mailbox; councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Dan Hall; Barry Snell; Natalya Zernitskaya Cc: Santa Monica City Manager's Office; Christopher J. Smith; Misti Kerns (Santa Monica Travel & Tourism); Rachel Lozano; Judy Kruger (Santa Monica Chamber of Commerce); Elaine Polachek; Judy Abdo
Subject: Re: 16 Item for Main Street Events?

EXTERNAL
Happy Thursday Council,
It would be great to get an update on this if possible.

This year, Soulstice, which has been happening for over 20 years, and which draws thousands to Santa Monica, is unexpectedly competing with Pride events, and the launch of the Promenade's Entertainment Zone.

To be blunt: We can not continue to shoulder the cost of these events without more City support. That would be a big loss for the community. Events like the ones we have grown on Main Street are a huge reason that Main Street is a thriving zone year round.

Whether that support comes from 16 items, or is budgeted for, does not matter to us. However, we figured it would save you/staff some time simply to budget for it since it's historically been allocated each year.

If this has already been done, then please confirm, and THANK YOU.

If not, please let me know what we can do to provide more information or rationale for it.

Hunter G. Hall
Executive Director
Main Street Business Improvement Association
314.323.4663
[email protected]
On Wed, Apr 23, 2025 at 5:00 AM Hunter Hall <[email protected]> wrote:

Happy Tuesday!
We know you all have a lot on your plate, and that everyone is asking you for things.

I wanted to follow up on the budget request we put in on March 8th, to see if an allocation was made for Main Street's two street closures this year?
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 102 Attachment: Written Comments [Revision 3] (7135 : Written Comments) 4 If not, we would like to humbly request $10K per event, all of which would go back to the City anyway, since we would need to spend it on fees and services like police, traffic plans, etc.

We rely on this funding each year to put on these events, which are always among the most highly rated functions in the City. Ideally, we would solidify this before the end of May so we can plan accordingly.

Please help us continue this tradition and let me know if you have any questions.

THANK YOU!
Hunter G. Hall
Executive Director
Main Street Business Improvement Association
314.323.4663
[email protected]
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 103 Attachment: Written Comments [Revision 3] (7135 : Written Comments) 5 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, June 4, 2025 2:35 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Santa Monica's Main Post Office

EXTERNAL
How would you describe Santa Monica's mayor, city council, city managers, and city attorney, who know residents and visitors are in harm's way, but take no actions? This time directly in front of Santa Monica's Main Post Office on 7th Street. Illegal camping, drug use, sales... blocking the main entrance and mail box outside day and night.

Insta
https://www.instagram.com/reel/DKfTnJ3Cvwp/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/NXm3hUx7yQ4
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 104 Attachment: Written Comments [Revision 3] (7135 : Written Comments) 6 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, June 3, 2025 9:57 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Trader Joe's Security in Santa Monica

EXTERNAL
5 of 7 Santa Monica Council Members, its City Attorney and City Manager acknowledged last year they did NOT shop for groceries, clothing or household items in Santa Monica. This year's City Council won't answer the question, but wants to cut city funding for Police, Fire and Paramedics.

Insta
https://www.instagram.com/reel/DKceMVYCT_8/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/BGiicoOev3o
Item 1
June 10, 2025
Item 1
June 10, 2025

1.a
Packet Pg. 105 Attachment: Written Comments [Revision 3] (7135 : Written Comments) City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Juneteenth Legacy Month
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

2.A
Packet Pg. 106
City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 2.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Commendation: Nancy Coleman
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council
Attachments:

A. Written Comments

2.B
Packet Pg. 107
1 David Yakobson
From: Nikki Kolhoff <[email protected]>
Sent: Tuesday, June 10, 2025 11:20 AM
To: councilmtgitems
Cc: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Barry Snell; Ellis Raskin; Natalya Zernitskaya
Subject: June 10, 2025 City Council Item 2D - Thank you Nancy Coleman

EXTERNAL
Hello -
I am writing to thank Nancy Coleman for her years of dedication to Santa Monica. I have had the pleasure of working with Nancy as a fellow board member of Santa Monica's neighborhood organizations and she has always demonstrated the highest integrity and care for our town. Through her work on the Transparency Project, she has held our electeds and staff to high ethical standards and worked to ferret out and eliminate conflicts of interest, something we need today more than ever.

Nancy is also a wonderful and caring person.

Thank you, Nancy. You will be missed. Best wished for your next chapter. - Nikki Kolhoff
Item 2-B
June 10, 2025
Item 2-B
June 10, 2025

2.B.a
Packet Pg. 108 Attachment: Written Comments (7122 : Commendation: Nancy Coleman) City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.A
1 of 3
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Introduction and First Reading of an Ordinance Adopting the Fire Hazard Severity Zone Map
Recommended Action
Staff recommends that the City Council:

2. Introduce for first reading an ordinance to add chapter 8.46 to the Santa Monica Municipal Code to designate Fire Hazard Severity Zones as pursuant to California Government Code Section 51178.

Summary
The California Department of Forestry and Fire Protection (CAL FIRE) has released updated Fire Hazard Severity Zone (FHSZ) maps for Local Responsibility Areas (LRA), which now include newly designated fire hazard zones within the City of Santa Monica.

Adoption of these maps is required by state law and supports the City’s goals for public safety and climate resilience. Staff recommends adopting the maps by ordinance to ensure compliance and apply consistent wildfire safety standards to future development.

Discussion
On March 24, 2025, the California Department of Forestry and Fire Protection (CAL FIRE) released updated Fire Hazard Severity Zone (FHSZ) maps for Local Responsibility Areas (LRA), including new designations within the City of Santa Monica.

4.A
Packet Pg. 109
2 of 3
These maps, mandated by Government Code Sections 51178 and 51179, classify areas based on wildfire likelihood and intensity using a science-based model that factors in historical fire data, topography, weather, vegetation, and ember exposure potential.

This is the first time Santa Monica has been included in the FHSZ maps. Areas within the city are now designated as Moderate, High, and Very High fire hazard zones. These designations do not impose restrictions on existing structures but will require certain wildfire safety standards for new construction and substantial remodels, including compliance with the California Building Code Chapter 7A, Fire Safe Regulations, and defensible space requirements under Government Code Section 51182.

In accordance with 4904.3 of the 2022 CFC, the local agency is required to make the information available for public review within 30 days and adopt the map by ordinance within 120 days of receiving a transmittal from the State Fire Marshal. Local agencies may, at its discretion, include areas within the jurisdiction, not identified within the official map, however, they are not allowed to remove areas identified.

Staff has reviewed the data associated with the mapped areas and do not propose increasing any areas within the city. Based on the most recent community risk profiles, there are approximately 3,095 housing units and 237 businesses located within the newly designated fire hazard zones, these areas include both residential and commercial parcels along the northern border of Santa Monica.

Environmental Review
The adoption of the Fire Hazard Severity Maps is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed municipal code amendments to adopt a map do not constitute a project that would have a significant effect on the environment, and thus are exempt from CEQA. Furthermore, the adoption of the wildfire zone maps is categorically exempt from CEQA pursuant to Section 15307 of the CEQA Guidelines, which exempts actions

4.A
Packet Pg. 110
3 of 3
taken by regulatory agencies as authorized by state law or local ordinance, to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Additionally, the wildfire maps are exempt pursuant to Section 15308 of the CEQA Guidelines, which exempts actions taken by regulatory agencies as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

The establishment of the wildfire zone maps would provide for wildfire protection standards to reduce the risk of wildfires and therefore, would protect natural resources and the environment.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future or if staff determines additional fees/fines and staff are required.

Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Ordinance with Fire Map

4.A
Packet Pg. 111
1 City Council Meeting: June 10, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE TO ADD CHAPTER 8.46, DESIGNATING FIRE HAZARD SEVERITY ZONES
WHEREAS, under Government Code Section 51178, the State Fire Marshal shall identify areas in the state as Moderate, High, and Very High Fire Severity Zones (FHSZ) based on the severity of fire hazard that is expected to prevail in those areas; and WHEREAS, Moderate, High, and Very High FHSZ shall be based on fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread; and WHEREAS, on March 24, 2025, the California Department of Forestry and Fire Protection (CAL FIRE) released updated FHSZ maps for Local Responsibility Areas (LRA), including new designations within the City of Santa Monica; and WHEREAS, these maps, mandated by Government Code Sections 51178 and 51179, classify areas based on wildfire likelihood and intensity using a science-based model that factors in historical fire data, topography, weather, vegetation, and ember exposure potential; and
WHEREAS, this is the first time Santa Monica has been included in the FHSZ maps, and areas within the city are now designated as Moderate, High, and Very High fire hazard zones;

4.A.a
Packet Pg. 112 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) 2 WHEREAS, these designations do not impose restrictions on existing structures but will require certain wildfire safety standards for new construction and substantial remodels, including compliance with the California Building Code Chapter 7A, Fire Safe Regulations, and defensible space requirements under Government Code Section 51182; and
WHEREAS, pursuant to Government Code Sections 51178.5 and 51179, the City is required to make the information available for public review within 30 days and adopt the map by ordinance within 120 days of receiving a transmittal from the State Fire Marshal; and
WHEREAS, the City may, at its discretion, include areas within its jurisdiction not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones if it determines that certain requirements are necessary for effective fire protection within the area; and
WHEREAS, the City cannot decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within its jurisdiction, and, in exercising its discretion noted above, may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within its jurisdiction; and WHEREAS, pursuant to Government Code Section 51178.5, the City made the FHSZ map information available for public review on April 14, 2025, by posting on the City’s website, available at https://www.santamonica.gov/local-responsibility-area-firehazard-severity-zones; and

4.A.a
Packet Pg. 113 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) 3 WHEREAS, the City has reviewed the data associated with the mapped areas and does not propose increasing any areas within the City beyond that designated by the State Fire Marshal.

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

SECTION 1. The City of Santa Monica hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. The map showing the fire zone designations, attached hereto as Attachment A, is hereby approved by the City Council of the City of Santa Monica, incorporated by reference, and entitled “City of Santa Monica Fire Hazard Severity Zones.” The official map is also located electronically on the following website: https://www.santamonica.gov/local-responsibility-area-fire-hazardseverity-zones SECTION 2. Chapter 8.46 is hereby added to the Santa Monica Municipal Code to read as follows:

Chapter 8.46 FIRE SEVERITY HAZARD ZONES

8.46.010 Designation
The City of Santa Monica hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. The map, approved by the City, is hereby incorporated by reference, and entitled, “City of Santa Monica Fire Hazard Severity Zones.”

8.46.020 Map

4.A.a
Packet Pg. 114 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) 4 The City of Santa Monica Fire Hazard Severity Zones map shall be retained on file with the Office of the City Clerk.

8.46.030 Notice to County
The City shall post a notice at the Office of the Los Angeles County recorder, Los Angeles County Assessor, and Los Angeles County Planning Department identifying the location of the City of Santa Monica Fire Hazard Severity Zones map adopted pursuant to this chapter.

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. This Ordinance shall become effective 30 days from its adoption.
//

4.A.a
Packet Pg. 115 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) 5 APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

4.A.a
Packet Pg. 116 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) 6 Attachment A
Fire Hazard Severity Zone Map

4.A.a
Packet Pg. 117 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:29,000 at 11" x 17"
Km 0 1 2
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Mi 0 1 Area (LRA), as Identified by the State Fire Marshal
Santa Monica
10 Ocean Park Blvd
Neilson Way
Harvard St
Ashland Ave
7th St
Arizona Ave
Ocean Ave
Montana Ave
Montana Ave
5th St
20th St
Pier Ave
Pico Blvd
Wilshire Blvd
17th St
The Promenade
Cloverfield Blvd
Yale St
6th St
2nd St
3rd St
Berkeley St
Stanford St
Virginia Ave
Franklin St
28th St
Pearl St
26th St
4th St
Barnard Way
11th St
14th St
Princeton St
Georgina Ave
San
Vicente
Blvd
Olympic Blvd
4th St
la Mesa Dr
11th St
17th St
Colorado Ave
16th St
Main St
Delaware Ave Washington Ave
Lincoln Blvd
2nd St
Ashland Ave
Euclid St
Maple St
14th St
23rd St
Chelsea Ave
16th St
Grant St
23rd St
Pacific St
Oak St
5th St
California Ave
10th St
21st St
15th St
4th St
Hill St
Broadway
22nd St
4th St
21st Pl
3rd St
Harvard St
Alta Ave
Marguerita Ave
Idaho Ave
Michigan Ave
Carlyle Ave
Georgina
Ave
7th St
21st St
9th St
10th St
Ocean Park Pl S
18th St
Lincoln Ct
12th St
Hill Pl N
Ashland Pl N
Euclid St
24th St
23rd St
25th St
21st St
20th St
19th St
18th St
19th St
15th St
Donald Douglas
Loop N
Palisades Beach Rd
Palisades Beach Rd
Pacific Coast Hwy
2 1

UNINCORPORATED
LOS ANGELES CO.

CULVER CITY

LOS ANGELES

LOS ANGELES
L O S A N G E L E S C O .

March 26, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF SANTA MONICA – LOS ANGELES COUNTY
Very High High Moderate

4.A.a
Packet Pg. 118 Attachment: Ordinance with Fire Map (7041 : Fire Hazard Severity Zone Map) City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.B
1 of 3
To: Mayor and City Council
From: Arminé Chaparyan, Director, City Planning
Subject: Adoption of a Resolution Approving Final Parcel Map for the subdivision of 2929 Pennsylvania Avenue
Recommended Action
Staff recommends that the City Council take following actions:

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

2. Adopt the attached resolution approving Final Tract Map No. 71974.

Summary
This report transmits for City Council approval a Final Tract Map for the subdivision of land and airspace at 2929 Pennsylvania Avenue (formerly 2930 Colorado Avenue).

The Tentative Tract Map was approved by the City Council in conjunction with the approval of the Development Agreement 07DEV-005 on November 13, 2012. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date.

According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

PARCEL MAP ADDRESS SUBDIVIDER UNITS
No. 71974 2929 Pennsylvania Ave Millenium Santa Monica, LLC 387 (existing) The following table provides a brief summary of the project:

Zoning District Mixed-Use Creative (MUC)
Parcel Area 168,728 Square Feet
Parcel Dimensions Irregular

4.B
Packet Pg. 119
2 of 3
Existing On-Site Improvements
(Year Built)
Mixed-use residential (2020)
Rent Control Status N/A
Historic Resources Inventory Status N/A
Past Council Actions
Meeting Date Description
11/13/2012 Development Agreement 07DEV-005
11/13/2012 Tentative Tract Map 12TM-001
Discussion
A Tentative Tract Map application (12TM-001) was submitted to the City Planning Division on May 22, 2012, to create a total of five (5) parcels consisting of three (3) airspace divisions including of two (2) air parcels for existing “Building B” and “Building C” for residential apartments and one subterranean parcel below “Building B” for parking, in addition to two (2) ground parcels including “Lot 4”, identified in the project as the “residual parcel” containing 10 existing residential trailer units, and a limited dedication of an easement for street purposes in the Mixed-Use Creative (MUC) zoning district. After a public hearing and careful review of the record and staff recommendations, the City Council approved a Tentative Tract Map in conjunction with Development Agreement 07DEV-005 for the subject project on November 13, 2012.

The action of the City Council was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Final Map conforms to the Tentative Map.

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

Environmental Review
The approval of the final tract map is statutorily exempt from CEQA pursuant to CEQA Section 15268(b)(3), which exempts ministerial projects, including approval of final subdivision maps.

Financial Impacts & Budget Actions

4.B
Packet Pg. 120
3 of 3
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Cary Fukui, Associate Planner
Approved Forwarded to Council
Attachments:

A. 25ENT-0056 (2929 Pennsylvania Ave) Reso

4.B
Packet Pg. 121
1 City Council Meeting: June 10, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR TRACT NO. 71974
TO SUBDIVIDE A PROPERTY AT 2929 PENNSYLVANIA AVENUE
WHEREAS, on November 13, 2012, the Santa Monica City Council approved a vesting tentative tract map to create three residential airspace parcels and two ground parcels on one land lot at 2929 Pennsylvania Avenue; and WHEREAS, a timely filing of a final tract map was made to the County of Los Angeles prior to expiration of the tentative tract map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the vesting tentative map; and WHEREAS, the final tract map conforms to the tentative tract map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.

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

SECTION 1. That the Final Map for Tract No. 71974 in the City of Santa Monica is hereby accepted and approved.

SECTION 2. That the City Clerk hereby is authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. That the City Clerk shall certify to the adoption of this Resolution,

4.B.a
Packet Pg. 122 Attachment: 25ENT-0056 (2929 Pennsylvania Ave) Reso [Revision 2] (7071 : Adoption of a Resolution Approving Final Parcel Map for the 2 and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan
City Attorney

4.B.a
Packet Pg. 123 Attachment: 25ENT-0056 (2929 Pennsylvania Ave) Reso [Revision 2] (7071 : Adoption of a Resolution Approving Final Parcel Map for the City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.C
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Department of Transportation, Transit Maintenance
Subject: Approval of Donation of Retired Buses to Los Angeles County Metropolitan Transportation Authority
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; and

Summary
The Santa Monica Department of Transportation (DOT) is purchasing 15 battery electric buses for the Big Blue Bus fleet that will replace an equivalent number of 2010 and 2011 buses that have reached the end of their useful life. Los Angeles County Metropolitan Transportation Authority (LA Metro) is supporting the LA2028 Summer Olympic and Paralympic Games by providing a Games Enhanced Transit Service (GETS) that includes up to 2,700 buses that will provide transportation services for the spectators and workforce attending the games. This ambitious goal exceeds the number of buses that LA Metro has available, and LA Metro has asked transit agencies throughout Los Angeles County to provide buses in support of the games. The estimated value of the 15 buses that DOT is retiring from the Big Blue Bus fleet is

4.C
Packet Pg. 124
2 of 4
between $2,000 and $4,000 each. To support LA Metro’s goal of providing safe, efficient, inclusive and sustainable transportation for the 2028 Olympic and Paralympic Games, staff recommends the City Council approve the negotiation of a Memorandum of Understanding (MOU) with LA Metro to donate DOT transit buses that have reached the end of their useful life and have been decommissioned through 2028. This MOU will provide for ongoing donation of any DOT transit buses decommissioned through 2028.

DOT plans to decommission as many as 88 transit buses during this period.

Discussion
Transit buses have a useful life cycle of 12 years, at which time it becomes cost prohibitive to maintain these vehicles as they require more parts and labor to keep them in operation. DOT is in the process of replacing its fleet of 15 El Dorado 29-foot compressed natural gas-powered buses dating from 2010 and 2011 with new 35-foot battery electric buses. As the new buses are received, DOT will begin decommissioning its 29-foot El Dorado buses. This process involves removing any equipment that can be reused to support DOT’s new bus fleet including the radio, computer dispatching system, the farebox, and fare media reader systems. Additionally, all Big Blue Bus branding is covered with paint to prevent the public from mistaking the vehicle for one of its buses in service.

LA Metro is the regional transportation provider for Los Angeles County and has been a strong partner to DOT. LA Metro coordinates with DOT on bus service, integration to regional light rail lines, regional transit centers, and funding. LA Metro will be supporting transportation for the 2028 Summer Olympic and Paralympic Games in Los Angeles by providing a Games Enhanced Transit Service of 2,700 buses to provide transportation services for spectators and workers attending the games. To support these efforts, LA Metro has asked its regional partners to assist in providing buses for use by donating retired buses to LA Metro for use in their enhanced service.

DOT supports LA Metro’s goal of providing transit-oriented service to the 2028 Summer Olympic and Paralympic Games and the donation of its retired buses would demonstrate how the region’s transit agencies work in partnership to provide clean, safe, and reliable transportation services. DOT will cover all Big Blue Bus branding and

4.C
Packet Pg. 125
3 of 4
LA Metro will wrap each donated bus with Olympic-specific branding. Any buses donated by DOT would be provided in “as-is” condition, with no warranties expressed or implied, and the City of Santa Monica would be indemnified from any claims arising from the performance or use of the vehicles.

The estimated value of decommissioned buses is between $2,000 and $4,000 each based on DOT’s past auctions of decommissioned vehicles. DOT anticipates that it will decommission up to 88 transit buses through 2028 based on the current age of its fleet of transit buses. Staff recommends that an agreement be executed with LA Metro for donation of decommissioned transit buses through 2028 for use in the LA 2028 Olympic and Paralympic Games as an exception to the competitive bid process. This agreement would extend to any buses decommissioned in the period between its execution date and the 2028 Games.

Vendor Selection
Exception to Competitive Bidding
Staff recommends executing an MOU with LA Metro for a donation of decommissioned DOT transit buses to LA Metro for use in the 2028 Olympic and Paralympic Games through 2028 as an exception to competitive bidding per Muni Code 2.24.250 (f). This exception would cover only buses donated to LA Metro under this agreement for use in the 2028 LA Olympics and Paralympic Games. In the last ten years, DOT has only fielded two requests for donation of decommissioned transit buses as most requestors are unable to support the maintenance of the vehicles at end of life. The donation of these buses would come at no cost to the City and would support DOT’s goal of supporting our regional partners in showcasing our regional public transit services by providing clean, safe, and reliable transportation to spectators and workers of the 2028 Games. DOT’s decommissioned transit buses have traditionally been auctioned for very minimal revenue, and LA Metro would be responsible for all costs associated with repairing and maintaining these vehicles through the event. The decommissioned buses will remain LA Metro property after the 2028 Olympics and the City will have no ongoing liability, nor will it receive any financial compensation on final disposal of the donated buses.
f. special conditions to a grant, donation, gift that require the use of particular goods and/or services;
Environmental Review

4.C
Packet Pg. 126
4 of 4
The agreement to donate DOT decommissioned transit buses to LA Metro for use in their supplemental bus system for the 2028 Games is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. The donation of buses to LA Metro is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The donation of transit buses would not result in any adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
The donation of DOT’s decommissioned transit buses to LA Metro would not have any financial impact. All buses will be provided to LA Metro in “as-is” condition with no warranties expressed or implied, and the City will negotiate language into the MOU that the City of Santa Monica will be indemnified from any claims arising from the performance or use of these vehicles.

Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council

4.C
Packet Pg. 127
City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.D
1 of 3
To: Mayor and City Council
From: Arminé Chaparyan, Director, Administration
Subject: Adoption of a Resolution approving a Final Tract Map for Providence Saint John’s Health Center to address inconsistencies with legal descriptions of various Health Center parcels. No development or construction is proposed with this subdivision map (25ENT-0081)
Recommended Action
Staff recommends that the City Council take 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 and affirm that the approval of the Final Subdivision Map was analyzed in the Final EIR that Council certified on March 22, 2022, and in the associated Counciladopted a Statement of Overriding Considerations and Mitigation Monitoring Program on March 22, 2022.

2. Adopt the attached resolution approving Final Tract Map No. 82302.

Executive Summary
This report transmits for City Council approval a Final Tract Map to reconfigure lot lines to address long-standing complexities and/or inconsistencies concerning the legal descriptions for various properties owned by Providence Saint John’s Health Center. No new development or physical or operational changes are proposed in connection with this Tract Map. The Tentative Tract Map was approved by the City Council March 22, 2022.

A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency,

4.D
Packet Pg. 128
2 of 3
including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.

TRACT MAP ADDRESS SUBDIVIDER UNITS
No. 82302 2121 Santa Monica Blvd1 Providence Health System – Southern California
N/A
Discussion
A Tentative Tract Map application (Application Number 19ENT-0206) was submitted to the City Planning Division on May 23, 2019, to reconfigure the lot lines for 17 existing parcels to create 18 new lots. The new lot configuration, which resolves potential outstanding title ambiguities, will not directly result in any intensification of use of the subject site’s existing facilities and will not result in any expansion or changes in the subject site’s land use or density. After a public hearing and careful review of the record and staff recommendations, the City Council approved a Tentative Tract Map on March 22, 2022 as part of its review of the Providence Saint John’s Health Center Phase Two Master Plan and Third Amendment to the Development Agreement that provided certain vested rights, development standards, infrastructure requirements, and community benefits for future buildings/improvements on portions of the Saint John’s Health Center Campus. The action of the City Council pertaining specifically to the Tentative Tract Map was based on its findings that the proposed subdivision will have no significant environmental impact and is in conformance with all state and local laws and regulations, and applicable General Plan Elements. The Council’s Statement of Official Action for the Tentative Tract Map is provided as Attachment “B”. The Final Map conforms to the Tentative Map.

The Final Map has been approved by the Los Angeles County Engineer’s office and certified by the City Engineer for conformance with the Tentative Map and conditions 1 Addresses associated with the Final Tract Map:
• 2001, 2021, 2032, 2042, 2121, 2200, 2209, 2211 and 2221 Santa Monica Boulevard • 2201, 2207 and 2213 Broadway
• 1301 and 1339 20th Street
• 1414, 1417, 1440 and 1453 21st Street
• 1300 and 1347 22nd Street

4.D
Packet Pg. 129
3 of 3
thereon, the Subdivision Map Act and local ordinances. The City Engineer’s office indicates that there are no required off-site public improvements.

Environmental Review
The project is exempt from CEQA pursuant to CEQA Section 15268(b)(3), which exempts ministerial projects, including approval of final subdivision maps. The tentative tract map was also considered as part of the Environmental Impact Report (EIR) prepared for the Providence Saint John’s Health Center Phase Two Master Plan Project (SCH No. 2017041030). A Notice of Preparation was published, a scoping meeting was held, a Notice of Completion and Public Availability of the Draft EIR were published, and public comments were accepted for a total of 45 days. The Final EIR was published, and certified and a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program was adopted by the City Council on March 22, 2022 (Council Resolutions 11408 and 11409).

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

Prepared By: Roxanne Tanemori, Deputy Director – Special Projects Approved Forwarded to Council
Attachments:

A. Attachment A - Final Map Resolution
B. 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B

4.D
Packet Pg. 130
1 City Council Meeting: June 10, 2025 Santa Monica, California RESOLUTION NUMBER ____(CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION MAP FOR TRACT NO. 82302 TO SUBDIVIDE A PROPERTY AT 2121 SANTA MONICA BOULEVARD AND TO ALIGN EXISTING PARCEL LINES WITHIN THE HEALTH CENTER’S PHASE TWO MASTER PLAN AREA THAT IS BOUNDED BY SANTA MONICA BLVD, 20TH STREET, ARIZONA AVENUE AND 23RD STREET
WHEREAS, on March 22, 2022, the Santa Monica City Council approved a tentative tract map to reconfigure lots line to correct inconsistencies in legal descriptions for various parcels owned by Providence Saint John’s Health Center located at 2121 Santa Monica Boulevard and to align existing parcel lines within the Health Center’s Phase Two Master Plan area that is bounded by Santa Monica Blvd, 20th Street, Arizona Avenue and 23rd Street; and
WHEREAS, a timely filing of a final tract map was made to the County of Los Angeles prior to expiration of the tentative tract map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final map is made to the City or County, then the City may process, approve, and record a final map after the expiration of the tentative map; and WHEREAS, the final tract map conforms to the tentative tract map; and WHEREAS, pursuant to 66458(a) of the Government Code and Santa Monica Municipal Code Section 9.54.080(A), the City Council finds that the final tract map conforms to and meets all requirements of the Subdivision Map Act and Santa Monica

4.D.a
Packet Pg. 131 Attachment: Attachment A - Final Map Resolution [Revision 3] (7093 : Adoption of a Resolution approving a Final Tract Map for Providence 2 Municipal Code Ch. 9.54 and the proposed subdivision is consistent with the applicable general and specific plans.

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

SECTION 1. That the Final Map for Tract No. 82302 in the City of Santa Monica is hereby accepted and approved.

SECTION 2. That the City Clerk hereby is authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.

SECTION 3. That 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

4.D.a
Packet Pg. 132 Attachment: Attachment A - Final Map Resolution [Revision 3] (7093 : Adoption of a Resolution approving a Final Tract Map for Providence DocuSign Envelope ID: F1F5693C-3338-4FE3-B522-AB7E59ACBDF6 4.D.b Packet Pg. 133
Attachment: 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B (7093 : Adoption of a Resolution approving a Final Tract Map for DocuSign Envelope ID: F1F5693C-3338-4FE3-B522-AB7E59ACBDF6 4.D.b Packet Pg. 134
Attachment: 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B (7093 : Adoption of a Resolution approving a Final Tract Map for DocuSign Envelope ID: F1F5693C-3338-4FE3-B522-AB7E59ACBDF6 4.D.b Packet Pg. 135
Attachment: 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B (7093 : Adoption of a Resolution approving a Final Tract Map for DocuSign Envelope ID: F1F5693C-3338-4FE3-B522-AB7E59ACBDF6 4.D.b Packet Pg. 136
Attachment: 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B (7093 : Adoption of a Resolution approving a Final Tract Map for DocuSign Envelope ID: F1F5693C-3338-4FE3-B522-AB7E59ACBDF6 4.D.b Packet Pg. 137
Attachment: 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B (7093 : Adoption of a Resolution approving a Final Tract Map for DocuSign Envelope ID: F1F5693C-3338-4FE3-B522-AB7E59ACBDF6 4/29/2022

4.D.b
Packet Pg. 138
Attachment: 25ENT-0081 PSJ Final Map CC Staff Report_Attachment B (7093 : Adoption of a Resolution approving a Final Tract Map for City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.E
1 of 5
To: Mayor and City Council
From: Dana Brown, Human Resources Director, Human Resources Department Subject: Adoption of a Resolution Accepting the Tentative Agreements and Authorizing the City Manager to Execute Memoranda of Understanding with the Fire Executive Management Association (FEMA), Public Attorneys' Legal Support Staff Union (PALSSU), and Public Attorneys Union (PAU), and Authorizing the City Manager to Execute a Revised Confidential Unrepresented Employees (CUE) Pay Plan and a Revised Executive Pay Plan (EPP).

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines;

3. Adopt the salary schedule (Attachment B); and

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
In February 2025, the City Council instructed the city’s labor negotiators to engage in labor negotiations with its recognized employee bargaining units in accordance with the Meyers-Milias-Brown Act (MMBA) as each unit’s Memorandum of Understanding (MOU) is set to expire on June 30, 2025. Negotiations were conducted in good faith over the past several months between designated city representatives and

4.E
Packet Pg. 139
2 of 5
representatives of each of the bargaining units. Negotiations between the city and FEMA, PALSU, and PAU have resulted in tentative agreements (TA) regarding successor MOU agreements with each bargaining unit. All groups finalized the ratification voting process approving the terms of their respective TA.

The city has also modified the pay plans for the city’s non-represented employees.

These modifications are consistent with the universal bargaining instructions given for represented employees. The updated terms for the EPP, which includes department directors and other executive-level employees, and the CUE which includes confidential unrepresented employees are detailed below. City staff recommend that the Council approve the ratified TAs to enter into successor MOUs between the City and these bargaining units as well as accept the changes to the updated pay plans.

Discussion
Under the Meyers-Milias-Brown Act (MMBA) in California, local public agencies negotiate with exclusively recognized employee organizations on wages, hours, and working conditions. The City currently has approved TAs with three bargaining units and is still in negotiations with eight other employee organizations (often referred to as bargaining groups or unions) whose contracts with the City expire on June 30, 2025.

These TAs reflect a collaborative effort to balance fair compensation for employees with the City’s fiscal responsibility and long-term sustainability.

The main substantive terms in each TA are outlined below:

Fire Executive Management Association (FEMA)
The FEMA represents the Deputy Fire Chief classification within the Fire Department which is currently two employees. In order to address recruitment and retention into this management classification, adequate salary differential must be maintained as members of this unit are not eligible for FLSA overtime. The TA includes agreement for an equity adjustment to provide the proper differential and language to maintain it.

Likewise, the agreement provides for maintaining the current parity for supplemental benefits including uniform allowance, health insurance and deferred compensation. • Term of Agreement: July 1, 2025, through June 30, 2030

4.E
Packet Pg. 140
3 of 5
• Cost of Living Adjustments: 2% cost of living adjustment effective July 1st of each year of the contract term
• 5.57% equity adjustment effective July 1, 2025
• Add Longevity pay of 10% for 20 years of service with a reopener on July 1, 2026, to continue to discuss longevity pay
• Reinstate Sick Leave Cashout program with a Side Letter for a one-time retroactive payment for the previous 2 years (2022-2024) of sick leave based on the original program criteria
• Add Veteran’s Day as paid holiday
• One-time bonus of $1000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave upon retirement Public Attorneys' Legal Support Staff Union (PALSSU)
The PALSSU represents 18 exempt and non-exempt legal support staff in the City Attorney’s Office.
• Term of Agreement: July 1, 2025, through June 30, 2030 • Cost of Living Adjustments: 2% effective July 1, 2025, and July 1, 2026; 3% effective July 1, 2027; 4% effective July 1, 2028, and July 1, 2029 • Suspension of compensation study language for term of agreement • $23.08 bi-weekly notary license bonus
• Addition of three non-cashable MOU/Personal days
• Add Veteran’s Day as paid holiday
• One-time bonus of $1000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave Upon Retirement Public Attorneys Union (PAU)
The PAU represents 25 exempt attorneys in the City Attorney’s Office. • Term of Agreement: July 1, 2025, through June 30, 2030 • Cost of Living Adjustments: 2% effective July 1, 2025, and July 1, 2026; 3% effective July 1, 2027; 4% effective July 1, 2028, and July 1, 2029 • Provide 90 days’ notice for layoffs

4.E
Packet Pg. 141
4 of 5
• Add severance provision of three months
• Non-Cashable Leave - Add three days effective July 1, 2025; add one day effective July 1, 2026, add one day effective July 1, 2027 • Add Veteran’s Day as paid holiday
• Ability to cash out 25% of Sick Leave Upon Retirement Confidential Unrepresented Employees (CUE) Pay Plan
The CUE is comprised of 28 exempt and non-exempt staff in the Human Resources and Finance departments.
• Cost of Living Adjustments: 2% effective July 1, 2025, and July 1, 2026; 3% effective July 1, 2027; 4% effective July 1, 2028, and July 1, 2029 • Addition of two non-cashable Personal days
• Add Veteran’s Day as paid holiday
• One-time bonus of $1000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave Upon Retirement Executive Pay Plan (EPP)
The EPP is comprised of 19 exempt executive management staff in various departments.
• Cost of Living Adjustments: 2% effective July 1, 2025, and July 1, 2026; 3% effective July 1, 2027; 4% effective July 1, 2028, and July 1, 2029 • Addition of two non-cashable Personal days
• Add Veteran’s Day as paid holiday
• One-time bonus of $1000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave Upon Retirement Environmental Review
The changes to staff wages are categorically exempt pursuant to Section 15324 (Class 24 Regulations of Working Conditions) of the California Environmental Quality Act (CEQA) Guidelines. Class 24 consists of actions taken by regulatory agencies to regulate employee wages, hours of work, or working conditions where there will be no demonstrable physical changes outside the place of work.

4.E
Packet Pg. 142
5 of 5
Financial Impacts and Budget Actions
The total cost of the negotiated changes contained in the tentative agreements presented in this report is approximately $724,289 for FY 2025-26. The budget impact of these changes was included in the FY 2025-26 through FY 2029-30 Five-Year Financial Forecast for the General Fund. If the changes are approved, staff will appropriate the FY 2025-26 changes in Non-Departmental for the General Fund and all other funds as listed in the table below. The funds will be transferred to the relevant funds and department accounts along with the FY 2025-26 Midyear Budget.

If the 1109 agreement requires additional changes to the FEMA costs to maintain the negotiated 20% salary differential and specified supplemental benefits parity, staff will incorporate those changes when the 1109 agreement is brought forward.

Fund # Fund Name FY 2025-26 Total
01 General Fund $ 716,314
60 Big Blue Bus Fund $ 7,975
Total all funds $ 724,289
Prepared By: Doris Mejia, Senior Human Resources Analyst Approved Forwarded to Council
Attachments:

A. ATTACHMENT A_Resolution_6.10.2025
B. ATTACHMENT B_Salary Schedule_6.10.2025

4.E
Packet Pg. 143
1 City Council Meeting: June 10, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA: ACCEPTING THE

TENTATIVE AGREEMENTS AND AUTHORIZING THE CITY MANAGER

TO EXECUTE MEMORANDA OF UNDERSTANDING WITH THE FIRE EXECUTIVE

MANAGEMENT ASSOCIATION (FEMA), PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION (PALSSU), AND PUBLIC ATTORNEYS UNION (PAU); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED CONFIDENTIAL

UNREPRESENTED EMPLOYEES (CUE) PAY PLAN AND A REVISED EXECUTIVE

PAY PLAN (EPP)
WHEREAS, authorized representatives of the City administration and the Fire Executive Management Association (FEMA), Public Attorneys' Legal Support Staff Union (PALSSU), and Public Attorneys Union (PAU), have met and conferred in accordance with the Meyers-Millias Brown Act (“MMBA”), codified at Government Code Section 3500 et seq., and have reached agreement on wages, hours, and other terms and conditions of employment; and
WHEREAS, in accordance with Government Code Section 3505.1, on July 25, 2023, the City adopted Resolution No. 11541 (CCS) to approve and authorize the City Manager to execute the Confidential Unrepresented Employees (CUE) Pay Plan that is currently in effect; and

4.E.a
Packet Pg. 144 Attachment: ATTACHMENT A_Resolution_6.10.2025 (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) 2 WHEREAS, in accordance with Government Code Section 3505.1, on October 15, 2019, the City adopted Resolution No. 11203 (CCS) to approve and authorize the City Manager to execute the Executive Pay Plan (EPP) that is currently in effect; and WHEREAS, certain of its provisions of the existing CUE Pay Plan and EPP require modification to update compensation and other terms and conditions of employment; and WHEREAS, in accordance with Government Code Section 3505.1, on June 10, 2025, the tentative agreements reached between authorized representatives of the City administration and FEMA, PALSSU, and PAU, and a revised CUE and EPP, were presented to the City Council of the City of Santa Monica for consideration; and WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council; and WHEREAS, the purpose of each Memorandum of Understanding and Pay Plan is to promote and provide harmonious relations, cooperation, and understanding between the City and FEMA, PALSSU, PAU, CUE, and EPP, respectively;

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

SECTION 1. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Fire Executive Management Association (FEMA) and authorizes the City Manager to execute a Memorandum of

4.E.a
Packet Pg. 145 Attachment: ATTACHMENT A_Resolution_6.10.2025 (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) 3 Understanding with FEMA (FY2025-30), and a Side Letter of Agreement with FEMA, in accordance with this agreement.

SECTION 2. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Public Attorneys' Legal Support Staff Union (PALSSU) and authorizes the City Manager to execute a Memorandum of Understanding with PALSSU (FY2025-30), in accordance with this agreement.

SECTION 3. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Public Attorneys Union (PAU) and authorizes the City Manager to execute a Memorandum of Understanding with PAU (FY2025-30), in accordance with this agreement.

SECTION 4. The City Council of the City of Santa Monica hereby approves and authorizes the City Manager to execute a revised Confidential Unrepresented Employees Pay Plan (FY2025-30).

SECTION 5. The City Council of the City of Santa Monica hereby approves and authorizes the City Manager to execute a revised Executive Pay Plan (FY2025-30).

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:

4.E.a
Packet Pg. 146 Attachment: ATTACHMENT A_Resolution_6.10.2025 (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) 4 _________________________

DOUGLAS SLOAN
City Attorney

4.E.a
Packet Pg. 147 Attachment: ATTACHMENT A_Resolution_6.10.2025 (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 100 1 120.50 20,886.00 250,632.00 9,639.69
100 2 126.44 21,917.00 263,004.00 10,115.54
100 3 133.89 23,207.00 278,484.00 10,710.92
100 4 141.32 24,496.00 293,952.00 11,305.85
100 5 148.76 25,785.00 309,420.00 11,900.77
City of Santa Monica FIRE EXECUTIVE MANAGEMENT ASSOCIATION Salary Schedule for June 10, 2025 City Council Meeting Class Title
DEPUTY FIRE CHIEF 0700 FMA

4.E.b
Packet Pg. 148 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 026 1 44.41 7,698.00 92,376.00 3,552.92
026 2 46.60 8,078.00 96,936.00 3,728.31
026 3 49.35 8,554.00 102,648.00 3,948.00
026 4 52.09 9,029.00 108,348.00 4,167.23
026 5 54.83 9,504.00 114,048.00 4,386.46
145 1 77.43 13,421.00 161,052.00 6,194.31
145 2 81.25 14,084.00 169,008.00 6,500.31
145 3 86.03 14,912.00 178,944.00 6,882.46
145 4 90.81 15,741.00 188,892.00 7,265.08
145 5 95.59 16,569.00 198,828.00 7,647.23
020 1 37.98 6,584.00 79,008.00 3,038.77
020 2 39.86 6,909.00 82,908.00 3,188.77
020 3 42.20 7,315.00 87,780.00 3,376.15
020 4 44.55 7,722.00 92,664.00 3,564.00
020 5 46.89 8,128.00 97,536.00 3,751.38
140 1 50.57 8,765.00 105,180.00 4,045.38
140 2 53.07 9,198.00 110,376.00 4,245.23
140 3 56.19 9,739.00 116,868.00 4,494.92
140 4 59.31 10,280.00 123,360.00 4,744.62
140 5 62.43 10,821.00 129,852.00 4,994.31
008 1 35.86 6,216.00 74,592.00 2,868.92
008 2 37.63 6,523.00 78,276.00 3,010.62
008 3 39.85 6,907.00 82,884.00 3,187.85
008 4 42.06 7,290.00 87,480.00 3,364.62
008 5 44.27 7,674.00 92,088.00 3,541.85
141 1 51.74 8,968.00 107,616.00 4,139.08
141 2 54.29 9,410.00 112,920.00 4,343.08
141 3 57.48 9,964.00 119,568.00 4,598.77
141 4 60.68 10,517.00 126,204.00 4,854.00
141 5 63.87 11,071.00 132,852.00 5,109.69
002 1 29.06 5,037.00 60,444.00 2,324.77
002 2 30.49 5,285.00 63,420.00 2,439.23
002 3 32.28 5,596.00 67,152.00 2,582.77
002 4 34.08 5,907.00 70,884.00 2,726.31
002 5 35.87 6,218.00 74,616.00 2,869.85
028 1 45.73 7,926.00 95,112.00 3,658.15
028 2 47.98 8,317.00 99,804.00 3,838.62
028 3 50.81 8,807.00 105,684.00 4,064.77
028 4 53.63 9,296.00 111,552.00 4,290.46
028 5 56.45 9,785.00 117,420.00 4,516.15
035 1 48.14 8,344.00 100,128.00 3,851.08
035 2 50.52 8,756.00 105,072.00 4,041.23
035 3 53.49 9,271.00 111,252.00 4,278.92
035 4 56.46 9,786.00 117,432.00 4,516.62
035 5 59.43 10,301.00 123,612.00 4,754.31
035 1 48.14 8,344.00 100,128.00 3,851.08
035 2 50.52 8,756.00 105,072.00 4,041.23
035 3 53.49 9,271.00 111,252.00 4,278.92
035 4 56.46 9,786.00 117,432.00 4,516.62
035 5 59.43 10,301.00 123,612.00 4,754.31
CHIEF OFFICE ADMIN - CAO 0875 LSS
City of Santa Monica PUBLIC ATTORNEYS LEGAL SUPPORT STAFF Salary Schedule for June 10, 2025 City Council Meeting
Class Title
ADMIN ANALYST-CAO 0852 LSS
COMMUNITY JUSTICE LEGAL FELLOW 0866 LSS
CONSUMER AFFAIRS SPECIALIST 0856 LSS
EXECUTIVE ADMIN ASST - CAO 0868 LSS
EXECUTIVE ASST TO THE CITY ATT 0859 LSS
FAMILY VICTIM ADVOCATE - CAO 0863 LSS
INVESTIGATOR-CONSUMER PROTECT 0851 LSS
INVESTIGATOR-CRIMINAL DIV 0850 LSS
9104 LSS

4.E.b
Packet Pg. 149 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 144 1 63.17 10,950.00 131,400.00 5,053.85
144 2 66.29 11,491.00 137,892.00 5,303.54
144 3 70.19 12,167.00 146,004.00 5,615.54
144 4 74.09 12,843.00 154,116.00 5,927.54
144 5 77.99 13,519.00 162,228.00 6,239.54
025 1 44.33 7,684.00 92,208.00 3,546.46
025 2 46.52 8,063.00 96,756.00 3,721.38
025 3 49.25 8,537.00 102,444.00 3,940.15
025 4 51.99 9,012.00 108,144.00 4,159.38
025 5 54.73 9,486.00 113,832.00 4,378.15
040 1 49.92 8,652.00 103,824.00 3,993.23
040 2 52.38 9,079.00 108,948.00 4,190.31
040 3 55.46 9,613.00 115,356.00 4,436.77
040 4 58.54 10,147.00 121,764.00 4,683.23
040 5 61.62 10,681.00 128,172.00 4,929.69
007 1 31.00 5,374.00 64,488.00 2,480.31
007 2 32.54 5,640.00 67,680.00 2,603.08
007 3 34.45 5,972.00 71,664.00 2,756.31
007 4 36.36 6,303.00 75,636.00 2,909.08
007 5 38.28 6,635.00 79,620.00 3,062.31
010 1 39.97 6,928.00 83,136.00 3,197.54
010 2 41.94 7,270.00 87,240.00 3,355.38
010 3 44.41 7,698.00 92,376.00 3,552.92
010 4 46.88 8,125.00 97,500.00 3,750.00
010 5 49.34 8,553.00 102,636.00 3,947.54
143 1 71.14 12,331.00 147,972.00 5,691.23
143 2 74.65 12,940.00 155,280.00 5,972.31
143
3 79.05 13,702.00 164,424.00 6,324.00
143 4 83.44 14,463.00 173,556.00 6,675.23
143 5 87.83 15,224.00 182,688.00 7,026.46
025 1 44.33 7,684.00 92,208.00 3,546.46
025 2 46.52 8,063.00 96,756.00 3,721.38
025 3 49.25 8,537.00 102,444.00 3,940.15
025 4 51.99 9,012.00 108,144.00 4,159.38
025 5 54.73 9,486.00 113,832.00 4,378.15
142 1 56.08 9,721.00 116,652.00 4,486.62
142 2 58.85 10,201.00 122,412.00 4,708.15
142 3 62.31 10,801.00 129,612.00 4,985.08
142 4 65.78 11,401.00 136,812.00 5,262.00
142 5 69.24 12,001.00 144,012.00 5,538.92
141 1 51.74 8,968.00 107,616.00 4,139.08
141 2 54.29 9,410.00 112,920.00 4,343.08
141 3 57.48 9,964.00 119,568.00 4,598.77
141 4 60.68 10,517.00 126,204.00 4,854.00
141 5 63.87 11,071.00 132,852.00 5,109.69
040 1 49.92 8,652.00 103,824.00 3,993.23
040 2 52.38 9,079.00 108,948.00 4,190.31
040 3 55.46 9,613.00 115,356.00 4,436.77
040 4 58.54 10,147.00 121,764.00 4,683.23
040 5 61.62 10,681.00 128,172.00 4,929.69
141 1 51.74 8,968.00 107,616.00 4,139.08
141 2 54.29 9,410.00 112,920.00 4,343.08
141 3 57.48 9,964.00 119,568.00 4,598.77
LEGAL ADMIN SERVICES OFFICER 0870 LSS
LEGAL ASSISTANT 0855 LSS
LEGAL OPERATIONS COORDINATOR 0853 LSS
LEGAL SECRETARY I 0860 LSS
LEGAL SECRETARY II 0854 LSS
OFFICE ADMINISTRATOR 0869 LSS
PARALEGAL 0858 LSS
PR LEGAL ANALYST 0867 LSS
SR LEGAL ANALYST-CAO 0871 LSS
SR LEGAL ASSISTANT 0872 LSS
SR LEGAL ENFORCEMENT ANALYST 0864 LSS

4.E.b
Packet Pg. 150 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 141 4 60.68 10,517.00 126,204.00 4,854.00
141 5 63.87 11,071.00 132,852.00 5,109.69
040 1 49.92 8,652.00 103,824.00 3,993.23
040 2 52.38 9,079.00 108,948.00 4,190.31
040 3 55.46 9,613.00 115,356.00 4,436.77
040 4 58.54 10,147.00 121,764.00 4,683.23
040 5 61.62 10,681.00 128,172.00 4,929.69
040 1 49.92 8,652.00 103,824.00 3,993.23
040 2 52.38 9,079.00 108,948.00 4,190.31
040 3 55.46 9,613.00 115,356.00 4,436.77
040 4 58.54 10,147.00 121,764.00 4,683.23
040 5 61.62 10,681.00 128,172.00 4,929.69
001 1 26.04 4,513.00 54,156.00 2,082.92
001 2 27.32 4,735.00 56,820.00 2,185.38
001 3 28.93 5,014.00 60,168.00 2,314.15
001 4 30.53 5,292.00 63,504.00 2,442.46
001 5 32.14 5,571.00 66,852.00 2,571.23
001 1 26.04 4,513.00 54,156.00 2,082.92
001 2 27.32 4,735.00 56,820.00 2,185.38
001 3 28.93 5,014.00 60,168.00 2,314.15
001 4 30.53 5,292.00 63,504.00 2,442.46
001 5 32.14 5,571.00 66,852.00 2,571.23

SR LEGAL INVESTIGATOR-CAO 0873 LSS
SR PARALEGAL 0874 LSS
STAFF ASSISTANT - CAO 0862 LSS
9126 LSS

4.E.b
Packet Pg. 151 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 040 1 121.12 20,994.00 251,928.00 9,689.54
040 2 127.10 22,031.00 264,372.00 10,168.15
040 3 134.58 23,327.00 279,924.00 10,766.31
040 4 142.06 24,623.00 295,476.00 11,364.46
040 5 149.53 25,919.00 311,028.00 11,962.62
008 1 55.97 9,701.00 116,412.00 4,477.38
008 2 58.73 10,180.00 122,160.00 4,698.46
008 3 62.19 10,779.00 129,348.00 4,974.92
008 4 65.64 11,378.00 136,536.00 5,251.38
008 5 69.10 11,977.00 143,724.00 5,527.85
009 1 76.49 13,259.00 159,108.00 6,119.54
009 2 80.27 13,914.00 166,968.00 6,421.85
009 3 84.99 14,732.00 176,784.00 6,799.38
009 4 89.72 15,551.00 186,612.00 7,177.38
009 5 94.44 16,369.00 196,428.00 7,554.92
009 1 76.49 13,259.00 159,108.00 6,119.54
009 2 80.27 13,914.00 166,968.00 6,421.85
009 3 84.99 14,732.00 176,784.00 6,799.38
009 4 89.72 15,551.00 186,612.00 7,177.38
009 5 94.44 16,369.00 196,428.00 7,554.92
010 1 54.28 9,409.00 112,908.00 4,342.62
010 2 57.29 9,931.00 119,172.00 4,583.54
010 3 60.31 10,454.00 125,448.00 4,824.92
020 1 67.70 11,734.00 140,808.00 5,415.69
020 2 71.04 12,313.00 147,756.00 5,682.92
020 3 75.21 13,037.00 156,444.00 6,017.08
020 4 79.40 13,762.00 165,144.00 6,351.69
020 5 83.57 14,486.00 173,832.00 6,685.85
020 1 67.70 11,734.00 140,808.00 5,415.69
020 2 71.04 12,313.00 147,756.00 5,682.92
020 3 75.21 13,037.00 156,444.00 6,017.08
020 4 79.40 13,762.00 165,144.00 6,351.69
020 5 83.57 14,486.00 173,832.00 6,685.85
035 1 104.87 18,177.00 218,124.00 8,389.38
035 2 110.05 19,075.00 228,900.00 8,803.85
035 3 116.52 20,197.00 242,364.00 9,321.69
035 4 122.99 21,319.00 255,828.00 9,839.54
035 5 129.47 22,441.00 269,292.00 10,357.38
035 1 104.87 18,177.00 218,124.00 8,389.38
035 2 110.05 19,075.00 228,900.00 8,803.85
035 3 116.52 20,197.00 242,364.00 9,321.69
035 4 122.99 21,319.00 255,828.00 9,839.54
035 5 129.47 22,441.00 269,292.00 10,357.38
DEPUTY CITY ATTORNEY IV 0807 PAU 036 1 135.95 23,564.00 282,768.00 10,875.69 DEPUTY CITY ATTORNEY II 0802 PAU
9063 PAU
DEPUTY CITY ATTORNEY III 0803 PAU
9043 PAU
DEPUTY CITY ATTORNEY I 0801 PAU
City of Santa Monica PUBLIC ATTORNEYS UNION
Salary Schedule for June 10, 2025 City Council Meeting
Class Title
CHIEF DEPUTY CITY ATTORNEY 0804 PAU
CITY HEARING OFFICER I 0805 PAU
CITY HEARING OFFICER II 0806 PAU
9146 PAU

4.E.b
Packet Pg. 152 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 373 1 63.17 10,950.00 131,400.00 5,053.85
373 2 66.29 11,491.00 137,892.00 5,303.54
373 3 70.19 12,167.00 146,004.00 5,615.54
373 4 74.09 12,843.00 154,116.00 5,927.54
373 5 77.99 13,519.00 162,228.00 6,239.54
733 1 82.47 14,294.00 171,528.00 6,597.23
733 2 86.54 15,000.00 180,000.00 6,923.08
733 3 91.63 15,882.00 190,584.00 7,330.15
733 4 96.72 16,765.00 201,180.00 7,737.69
733 5 101.81 17,647.00 211,764.00 8,144.77
733 1 82.47 14,294.00 171,528.00 6,597.23
733 2 86.54 15,000.00 180,000.00 6,923.08
733 3 91.63 15,882.00 190,584.00 7,330.15
733 4 96.72 16,765.00 201,180.00 7,737.69
733 5 101.81 17,647.00 211,764.00 8,144.77
262 1 56.08 9,721.00 116,652.00 4,486.62
262 2 58.85 10,201.00 122,412.00 4,708.15
262 3 62.31 10,801.00 129,612.00 4,985.08
262 4 65.78 11,401.00 136,812.00 5,262.00
262 5 69.24 12,001.00 144,012.00 5,538.92
135 1 46.35 8,034.00 96,408.00 3,708.00
135 2 48.63 8,430.00 101,160.00 3,890.77
135 3 51.50 8,926.00 107,112.00 4,119.69
135 4 54.36 9,422.00 113,064.00 4,348.62
135 5 57.22 9,918.00 119,016.00 4,577.54
158 1 71.68 12,425.00 149,100.00 5,734.62
158 2 75.23 13,039.00 156,468.00 6,018.00
158 3 79.65 13,806.00 165,672.00 6,372.00
158 4 84.08 14,573.00 174,876.00 6,726.00
158 5 88.50 15,340.00 184,080.00 7,080.00
664 1 35.86 6,216.00 74,592.00 2,868.92
664 2 37.63 6,523.00 78,276.00 3,010.62
664 3 39.85 6,907.00 82,884.00 3,187.85
664 4 42.06 7,290.00 87,480.00 3,364.62
664 5 44.27 7,674.00 92,088.00 3,541.85
664 1 35.86 6,216.00 74,592.00 2,868.92
664 2 37.63 6,523.00 78,276.00 3,010.62
664 3 39.85 6,907.00 82,884.00 3,187.85
664 4 42.06 7,290.00 87,480.00 3,364.62
664 5 44.27 7,674.00 92,088.00 3,541.85
ASST CITY TREASURER 0500 CUE
City of Santa Monica CONFIDENTIAL UNREPRESENTED EMPLOYEES PAY PLAN Salary Schedule for June 10, 2025 City Council Meeting
Class Title
ADMIN SERVICES OFFICER 0513 CUE
ASST DIR-HUMAN RESOURCES 0507 CUE
BENEFITS ADMINISTRATOR 0508 CUE
BUDGET ANALYST 0514 CUE
BUDGET MANAGER 0501 CUE
EXECUTIVE ADMIN ASST - HR 0502 CUE
9199 CUE

4.E.b
Packet Pg. 153 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 231 1 53.52 9,277.00 111,324.00 4,281.69
231 2 56.16 9,735.00 116,820.00 4,493.08
231 3 59.47 10,308.00 123,696.00 4,757.54
231 4 62.77 10,880.00 130,560.00 5,021.54
231 5 66.08 11,453.00 137,436.00 5,286.00
277 1 59.68 10,345.00 124,140.00 4,774.62
277 2 62.63 10,855.00 130,260.00 5,010.00
277 3 66.31 11,494.00 137,928.00 5,304.92
277 4 69.99 12,132.00 145,584.00 5,599.38
277 5 73.68 12,771.00 153,252.00 5,894.31
262 1 56.08 9,721.00 116,652.00 4,486.62
262 2 58.85 10,201.00 122,412.00 4,708.15
262 3 62.31 10,801.00 129,612.00 4,985.08
262 4 65.78 11,401.00 136,812.00 5,262.00
262 5 69.24 12,001.00 144,012.00 5,538.92
200 1 50.97 8,835.00 106,020.00 4,077.69
200 2 53.49 9,271.00 111,252.00 4,278.92
200 3 56.63 9,816.00 117,792.00 4,530.46
200 4 59.78 10,362.00 124,344.00 4,782.46
200 5 62.93 10,907.00 130,884.00 5,034.00
200 1 50.97 8,835.00 106,020.00 4,077.69
200 2 53.49 9,271.00 111,252.00 4,278.92
200 3 56.63 9,816.00 117,792.00 4,530.46
200 4 59.78 10,362.00 124,344.00 4,782.46
200 5 62.93 10,907.00 130,884.00 5,034.00
300 1 77.43 13,421.00 161,052.00 6,194.31
300 2 81.25 14,084.00 169,008.00 6,500.31
300 3 86.03 14,912.00 178,944.00 6,882.46
300 4 90.81 15,741.00 188,892.00 7,265.08
300 5 95.59 16,569.00 198,828.00 7,647.23
262 1 56.08 9,721.00 116,652.00 4,486.62
262 2 58.85 10,201.00 122,412.00 4,708.15
262 3 62.31 10,801.00 129,612.00 4,985.08
262 4 65.78 11,401.00 136,812.00 5,262.00
262 5 69.24 12,001.00 144,012.00 5,538.92
060 1 42.15 7,306.00 87,672.00 3,372.00
060 2 44.23 7,667.00 92,004.00 3,538.62
060 3 46.83 8,118.00 97,416.00 3,746.77
060 4 49.44 8,569.00 102,828.00 3,954.92
060 5 52.04 9,020.00 108,240.00 4,163.08
EXECUTIVE ADMIN TO THE CITY MG 0517 CUE
HUMAN RESOURCES MANAGER 0504 CUE
FINANCIAL REPORTING & SYS ADM 0509 CUE
HR INFORMATION SYS ANALYST 0506 CUE
HUMAN RESOURCES ANALYST 0503 CUE
9173 CUE
PAYROLL ADMINISTRATOR 0510 CUE
PAYROLL ANALYST I 0511 CUE

4.E.b
Packet Pg. 154 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 200 1 50.97 8,835.00 106,020.00 4,077.69
200 2 53.49 9,271.00 111,252.00 4,278.92
200 3 56.63 9,816.00 117,792.00 4,530.46
200 4 59.78 10,362.00 124,344.00 4,782.46
200 5 62.93 10,907.00 130,884.00 5,034.00
281 1 58.23 10,093.00 121,116.00 4,658.31
281 2 61.11 10,592.00 127,104.00 4,888.62
281 3 64.70 11,215.00 134,580.00 5,176.15
281 4 68.30 11,838.00 142,056.00 5,463.69
281 5 71.89 12,461.00 149,532.00 5,751.23
226 1 52.93 9,175.00 110,100.00 4,234.62
226 2 55.55 9,628.00 115,536.00 4,443.69
226 3 58.81 10,194.00 122,328.00 4,704.92
226 4 62.08 10,761.00 129,132.00 4,966.62
226 5 65.35 11,327.00 135,924.00 5,227.85
262 1 56.08 9,721.00 116,652.00 4,486.62
262 2 58.85 10,201.00 122,412.00 4,708.15
262 3 62.31 10,801.00 129,612.00 4,985.08
262 4 65.78 11,401.00 136,812.00 5,262.00
262 5 69.24 12,001.00 144,012.00 5,538.92
PAYROLL ANALYST II 0512 CUE
PR BUDGET ANALYST 0516 CUE
SR BUDGET ANALYST 0515 CUE
SR HR ANALYST 0505 CUE

4.E.b
Packet Pg. 155 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 800 1 134.86 23,375.00 280,500.00 10,788.46
800 2 141.51 24,529.00 294,348.00 11,321.08
800 3 149.84 25,972.00 311,664.00 11,987.08
800 4 158.16 27,415.00 328,980.00 12,653.08
800 5 166.49 28,858.00 346,296.00 13,319.08
825 1 141.38 24,505.00 294,060.00 11,310.00
825 2 148.36 25,715.00 308,580.00 11,868.46
825 3 157.08 27,228.00 326,736.00 12,566.77
825 4 165.81 28,740.00 344,880.00 13,264.62
825 5 174.54 30,253.00 363,036.00 13,962.92
011 1 71.76 12,438.00 149,256.00 5,740.62
011 2 75.30 13,052.00 156,624.00 6,024.00
011 3 79.73 13,820.00 165,840.00 6,378.46
011 4 84.16 14,587.00 175,044.00 6,732.46
011 5 88.59 15,355.00 184,260.00 7,086.92
027 1 75.52 13,090.00 157,080.00 6,041.54
027 2 79.25 13,737.00 164,844.00 6,340.15
027 3 83.91 14,545.00 174,540.00 6,713.08
027 4 88.58 15,353.00 184,236.00 7,086.00
027 5 93.24 16,161.00 193,932.00 7,458.92
090 1 100.77 17,466.00 209,592.00 8,061.23
090 2 105.74 18,329.00 219,948.00 8,459.54
090 3 111.96 19,407.00 232,884.00 8,957.08
090 4 118.18 20,485.00 245,820.00 9,454.62
090 5 124.40 21,563.00 258,756.00 9,952.15
880 1 153.96 26,686.00 320,232.00 12,316.62
880 2 161.56 28,004.00 336,048.00 12,924.92
880 3 171.06 29,651.00 355,812.00 13,685.08
880 4 180.57 31,299.00 375,588.00 14,445.69
880 5 190.07 32,946.00 395,352.00 15,205.85
0025 EPP 950 1 201.35 34,901.00 418,812.00 16,108.15
9162 EPP 950 1 201.35 34,901.00 418,812.00 16,108.15
055 1 110.84 19,212.00 230,544.00 8,867.08
055 2 116.31 20,161.00 241,932.00 9,305.08
055 3 123.16 21,347.00 256,164.00 9,852.46
055 4 130.00 22,533.00 270,396.00 10,399.85
055 5 136.84 23,719.00 284,628.00 10,947.23
ASST CITY MANAGER 0036 EPP
City of Santa Monica EXECUTIVE PAY PLAN
Salary Schedule for June 10, 2025 City Council Meeting
Class Title
ASST CITY ATTORNEY 0052 EPP
ASST TO THE CITY MANAGER 0038 EPP
CHIEF COMMUNICATIONS OFFICER 0027 EPP
CHIEF INFORMATION OFFICER 0040 EPP
CITY ATTORNEY 0020 EPP

CITY MANAGER
DEPUTY CITY MANAGER 0037 EPP

4.E.b
Packet Pg. 156 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 340 1 108.59 18,823.00 225,876.00 8,687.54
340 2 113.95 19,752.00 237,024.00 9,116.31
340 3 120.66 20,914.00 250,968.00 9,652.62
340 4 127.36 22,076.00 264,912.00 10,188.92
340 5 134.07 23,238.00 278,856.00 10,725.23
340 1 108.59 18,823.00 225,876.00 8,687.54
340 2 113.95 19,752.00 237,024.00 9,116.31
340 3 120.66 20,914.00 250,968.00 9,652.62
340 4 127.36 22,076.00 264,912.00 10,188.92
340 5 134.07 23,238.00 278,856.00 10,725.23
090 1 100.77 17,466.00 209,592.00 8,061.23
090 2 105.74 18,329.00 219,948.00 8,459.54
090 3 111.96 19,407.00 232,884.00 8,957.08
090 4 118.18 20,485.00 245,820.00 9,454.62
090 5 124.40 21,563.00 258,756.00 9,952.15
090 1 100.77 17,466.00 209,592.00 8,061.23
090 2 105.74 18,329.00 219,948.00 8,459.54
090 3 111.96 19,407.00 232,884.00 8,957.08
090 4 118.18 20,485.00 245,820.00 9,454.62
090 5 124.40 21,563.00 258,756.00 9,952.15
090 1 100.77 17,466.00 209,592.00 8,061.23
090 2 105.74 18,329.00 219,948.00 8,459.54
090 3 111.96 19,407.00 232,884.00 8,957.08
090 4 118.18 20,485.00 245,820.00 9,454.62
090 5 124.40 21,563.00 258,756.00 9,952.15
057 1 85.97 14,901.00 178,812.00 6,877.38
057 2 90.21 15,637.00 187,644.00 7,217.08
057 3 95.52 16,556.00 198,672.00 7,641.23
057 4 100.82 17,476.00 209,712.00 8,065.85
057 5 106.13 18,396.00 220,752.00 8,490.46
790 1 122.94 21,309.00 255,708.00 9,834.92
790 2 129.01 22,361.00 268,332.00 10,320.46
790 3 136.59 23,676.00 284,112.00 10,927.38
790 4 144.18 24,992.00 299,904.00 11,534.77
790 5 151.77 26,307.00 315,684.00 12,141.69
058 1 96.50 16,726.00 200,712.00 7,719.69
058 2 101.26 17,552.00 210,624.00 8,100.92
058 3 107.22 18,584.00 223,008.00 8,577.23
058 4 113.18 19,617.00 235,404.00 9,054.00
058 5 119.13 20,649.00 247,788.00 9,530.31
058 1 96.50 16,726.00 200,712.00 7,719.69
058 2 101.26 17,552.00 210,624.00 8,100.92
058 3 107.22 18,584.00 223,008.00 8,577.23
058 4 113.18 19,617.00 235,404.00 9,054.00
058 5 119.13 20,649.00 247,788.00 9,530.31
DIR OF COMMUNITY DEVELOPMENT 0049 EPP
DIR OF COMMUNITY SERVICES 0050 EPP
DIR OF FINANCE(CONTR/CI TREAS) 0026 EPP
DIR OF HOUSING & HUMAN SVS 0053 EPP
DIR OF HUMAN RESOURCES 0034 EPP
DIR OF LIBRARY SVS/CITY LIBRN 0024 EPP
DIR OF PUBLIC WORKS 0022 EPP
DIR OF RECORDS & ELECTION SVS 0021 EPP
9088 EPP

4.E.b
Packet Pg. 157 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 059 1 92.28 15,996.00 191,952.00 7,382.77
059 2 96.84 16,786.00 201,432.00 7,747.38
059 3 102.54 17,773.00 213,276.00 8,202.92
059 4 108.24 18,761.00 225,132.00 8,658.92
059 5 113.93 19,748.00 236,976.00 9,114.46
282 1 118.61 20,559.00 246,708.00 9,488.77
282 2 124.47 21,575.00 258,900.00 9,957.69
282 3 131.79 22,844.00 274,128.00 10,543.38
282
4 139.11 24,113.00 289,356.00 11,129.08
282 5 146.43 25,382.00 304,584.00 11,714.77
701 1 129.47 22,442.00 269,304.00 10,357.85
701
2 135.87 23,550.00 282,600.00 10,869.23
701 3 143.86 24,935.00 299,220.00 11,508.46
701 4 151.85 26,321.00 315,852.00 12,148.15
701
5 159.84 27,706.00 332,472.00 12,787.38
701 1 129.47 22,442.00 269,304.00 10,357.85
701 2 135.87 23,550.00 282,600.00 10,869.23
701 3 143.86 24,935.00 299,220.00 11,508.46
701 4 151.85 26,321.00 315,852.00 12,148.15
701 5 159.84 27,706.00 332,472.00 12,787.38
855 1 152.65 26,459.00 317,508.00 12,211.85
855 2 160.19 27,766.00 333,192.00 12,815.08
855 3 169.61 29,399.00 352,788.00 13,568.77
855 4 179.04 31,033.00 372,396.00 14,322.92
855 5 188.46 32,666.00 391,992.00 15,076.62
855 1 152.65 26,459.00 317,508.00 12,211.85
855 2 160.19 27,766.00 333,192.00 12,815.08
855 3 169.61 29,399.00 352,788.00 13,568.77
855 4 179.04 31,033.00 372,396.00 14,322.92
855 5 188.46 32,666.00 391,992.00 15,076.62
DIR OF RECREATION & ARTS 0054 EPP
DIR OF TRANSPORTATION 0051 EPP
FIRE CHIEF 0032 EPP
9089 EPP
POLICE CHIEF 0033 EPP
9152 EPP

4.E.b
Packet Pg. 158 Attachment: ATTACHMENT B_Salary Schedule_6.10.2025 [Revision 1] (7115 : 2025: FEMA, PAU, PALSSU, EPP, CUE) City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.F
1 of 2
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Adoption of a Resolution Rescheduling Regular City Council Meetings Scheduled for July 22nd to July 29th, September 23rd to September 30th, and Cancelling August 26th and November 25th Council Meetings Recommended Action
Staff recommends that the City Council approve the following:

1. Reschedule regular Council meeting scheduled for July 22, 2025, to July 29, 2025;

2. Cancel the regular Council meetings scheduled for August 26, 2025 and November 25, 2025, for summer recess and the Thanksgiving holiday, and due to a lack of quorum;

3. Reschedule regular Council meeting scheduled for September 23, 2025, to September 30, 2025, in observance of Rosh Hashanah;

4. Adopt attached amended resolution approving changes to the regular Council meeting schedule; and

5. Adopt a finding of no possibility of significant environmental effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council

4.F
Packet Pg. 159
2 of 2
Attachments:

A. Reso_2025 meeting schedule_Rev_20250602

4.F
Packet Pg. 160
1 City Council Meeting June 10, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE 2025 COUNCIL MEETING CALENDAR WHEREAS, pursuant to Charter section 611, the City Council establishes its regular meeting schedule for the year, and
WHEREAS, the Council now wishes to amend the 2025 meeting schedule set forth below.

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

SECTION 1. Pursuant to Charter section 611, the City Council establishes the following revised regular meeting calendar for the year 2025:

January 14, 28
February 11, 25
March 11, 25
April 8, 22
May 13, 27
June 10, 24
July 8, 22 29
August 12, 26
September 9, 23 30
October 14, 28
November 11, 25
December 9, 16
SECTION 2. A scheduled regular meeting may be subject to cancellation by the City Clerk for anticipated lack of quorum, and a regular meeting may be added by Council amending this Resolution.

4.F.a
Packet Pg. 161 Attachment: Reso_2025 meeting schedule_Rev_20250602 [Revision 1] (7117 : Reschedule July 22nd and September 23rd meetings and Cancel 2 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

4.F.a
Packet Pg. 162 Attachment: Reso_2025 meeting schedule_Rev_20250602 [Revision 1] (7117 : Reschedule July 22nd and September 23rd meetings and Cancel City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.G
1 of 8
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:

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

4.G
Packet Pg. 163
2 of 8
the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.

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

On April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Third and Fourth Supplements to the Executive Order. On April 29, 2025, the City Manager issued a Fifth Supplement to the Executive Order.

The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, Fourth and Fifth 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, Second, Third, and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order. (Attachment A).

4.G
Packet Pg. 164
3 of 8
Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.

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

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

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

4.G
Packet Pg. 165
4 of 8
On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).

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

4.G
Packet Pg. 166
5 of 8
to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.

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

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).

4.G
Packet Pg. 167
6 of 8
on March 19, 2025, the City Manager 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 the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 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 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).

On April 29, the City Manager issued Fifth Supplement to the Executive Order, which, consistent with Council direction given on March 22, 2025, extended the provisions of

4.G
Packet Pg. 168
7 of 8
Section 5 of the Second Supplement to the Executive Order 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 June 30, 2025. (Attachment J.) 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, 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, and Resolution Number 11659 (CCS) on April 22, 2025, 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.

Since adoption of Resolution 11659 on April 22, 2025, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City.

Staff now recommends that Council adopt the attached resolution re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, and Fourth Supplements Supplement to the Executive Order, and ratifying the Fifth Supplement to the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
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

4.G
Packet Pg. 169
8 of 8
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.

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 J. J-Fifth Supplement Executive Order Local Emergency April 29, 2025

4.G
Packet Pg. 170
1 City Council Meeting: June 10, 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

4.G.a
Packet Pg. 171 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 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

4.G.a
Packet Pg. 172 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : 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

4.G.a
Packet Pg. 173 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 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

4.G.a
Packet Pg. 174 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 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

4.G.a
Packet Pg. 175 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 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 (TOT) and the Tourism Marketing District (TMD) Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for incomequalifying 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,

4.G.a
Packet Pg. 176 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 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 Interim 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 the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 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

4.G.a
Packet Pg. 177 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 8 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, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), 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; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended 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, for an additional 60 days; and

4.G.a
Packet Pg. 178 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 9 WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 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 Regional Fires; and
WHEREAS, since adoption of Resolution 11639 on April 22, 2025, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; 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.

4.G.a
Packet Pg. 179 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 10 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.

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.

4.G.a
Packet Pg. 180 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 11 SECTION 8. The Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) is hereby ratified.

SECTION 9. 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 10. 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 11. 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, Fourth and Fifth 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 shall remain in full force and effect until the termination of the resolution by the City Council.

4.G.a
Packet Pg. 181 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : Fire Emergency Order Extension) 12 SECTION 12. 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, Fourth and Fifth 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, Fourth and Fifth 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 Fourth and Fifth 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 13. 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

4.G.a
Packet Pg. 182 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6977 : 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

4.G.b
Packet Pg. 183 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

4.G.b
Packet Pg. 184 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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

4.G.b
Packet Pg. 185 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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,

4.G.b
Packet Pg. 186 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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.

4.G.b
Packet Pg. 187 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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.

4.G.b
Packet Pg. 188 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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.

4.G.b
Packet Pg. 189 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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

4.G.b
Packet Pg. 190 Attachment: B-Executive Order Local Emergency January 8, 2025 (6977 : 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

4.G.c
Packet Pg. 191 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire

4.G.c
Packet Pg. 192 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within a and

4.G.c
Packet Pg. 193 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : 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

4.G.c
Packet Pg. 194 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

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

4.G.c
Packet Pg. 195 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

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

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

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

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

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

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

4.G.c
Packet Pg. 196 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : 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

4.G.c
Packet Pg. 197 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.

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

4.G.c
Packet Pg. 198 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

4.G.c
Packet Pg. 199 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 10th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

4.G.c
Packet Pg. 200 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6977 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

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

4.G.d
Packet Pg. 201 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and

4.G.d
Packet Pg. 202 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and

4.G.d
Packet Pg. 203 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and

4.G.d
Packet Pg. 204 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : Fire Emergency Order Extension) 5 That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.

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

4.G.d
Packet Pg. 205 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : Fire Emergency Order Extension) 6 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

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

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

4.G.d
Packet Pg. 206 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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,

4.G.d
Packet Pg. 207 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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.

4.G.d
Packet Pg. 208 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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.

4.G.d
Packet Pg. 209 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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.

4.G.d
Packet Pg. 210 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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

4.G.d
Packet Pg. 211 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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.

4.G.d
Packet Pg. 212 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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

4.G.d
Packet Pg. 213 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6977 : 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

4.G.e
Packet Pg. 214 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 215 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 216 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 217 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 218 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 219 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 220 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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.

4.G.e
Packet Pg. 221 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:

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

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

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

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

4.G.e
Packet Pg. 222 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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).

4.G.e
Packet Pg. 223 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.e
Packet Pg. 224 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6977 : 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

4.G.f
Packet Pg. 225 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 226 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 227 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 228 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 229 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 230 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 231 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 232 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension)

EXHIBIT A
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 233 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 234 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 235 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 236 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

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

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

6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 237 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 238 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 239 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 240 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 8th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 241 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension)

EXHIBIT B
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 242 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 243 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 244 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

4.G.f
Packet Pg. 245 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 246 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 247 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

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

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

6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 248 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

4.G.f
Packet Pg. 249 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 250 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 251 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 10th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 252 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension)

EXHIBIT C
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 253 Attachment: F-Resolution 11645 (CCS) (6977 : 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:

4.G.f
Packet Pg. 254 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 255 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 256 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 257 Attachment: F-Resolution 11645 (CCS) (6977 : 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;
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 258 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 259 Attachment: F-Resolution 11645 (CCS) (6977 : 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

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 260 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 261 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 262 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 263 Attachment: F-Resolution 11645 (CCS) (6977 : 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.

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 264 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

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

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 265 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 266 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension)

EXHIBIT D
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 267 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

4.G.f
Packet Pg. 268 Attachment: F-Resolution 11645 (CCS) (6977 : 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: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 269 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 270 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 271 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 272 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 273 Attachment: F-Resolution 11645 (CCS) (6977 : 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;

4.G.f
Packet Pg. 274 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.

IT IS HEREBY ORDERED THAT:

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

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 275 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:

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

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

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

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 276 Attachment: F-Resolution 11645 (CCS) (6977 : 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:

Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 277 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:

ADOPTED this 31st day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

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

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

4.G.f
Packet Pg. 278 Attachment: F-Resolution 11645 (CCS) (6977 : 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

4.G.f
Packet Pg. 279 Attachment: F-Resolution 11645 (CCS) (6977 : Fire Emergency Order Extension) 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

4.G.g
Packet Pg. 280 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 281 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 282 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 283 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 284 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 285 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 286 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 287 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 288 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 289 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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.

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

4.G.g
Packet Pg. 290 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 291 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 292 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 293 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.g
Packet Pg. 294 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6977 : 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

4.G.h
Packet Pg. 295 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 296 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 297 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 298 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 299 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 300 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 301 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 302 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 303 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 304 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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.
//
//
//
//
//
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

4.G.h
Packet Pg. 305 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.h
Packet Pg. 306 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6977 : 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

4.G.i
Packet Pg. 307 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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

4.G.i
Packet Pg. 308 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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

4.G.i
Packet Pg. 309 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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

4.G.i
Packet Pg. 310 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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

4.G.i
Packet Pg. 311 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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

4.G.i
Packet Pg. 312 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : Fire Emergency Order Extension) 7 suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter

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

4.G.i
Packet Pg. 313 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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.

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

4.G.i
Packet Pg. 314 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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.

Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

4.G.i
Packet Pg. 315 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : 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.
//
//
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

4.G.i
Packet Pg. 316 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6977 : Fire Emergency Order Extension) 1 FIFTH 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 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
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 317 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 2 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
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: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 318 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : 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 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
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 Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 319 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 4 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 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 320 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : 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, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 321 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 6 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 Interim 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 the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 322 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 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, the Interim 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 for the month of March 2025; 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
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
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 323 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 8 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; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate 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 as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), 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; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 324 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 9 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, for an additional 60 days; and
WHEREAS, this extension will provide additional opportunities for economic recovery for local businesses.

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, Third and Fourth Supplements, and this Fifth Supplement.

2. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on June 30, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. //
//
//
//
//
//
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

4.G.j
Packet Pg. 325 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) 10 ADOPTED this 29th day of April 2025.

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: EAD4D7E4-519B-428F-B671-F9B1EE564BC1 4/29/2025
4/29/2025
4/29/2025

4.G.j
Packet Pg. 326 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6977 : Fire Emergency Order Extension) City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 4.H
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

4.H
Packet Pg. 327
2 of 3
unhoused and unsheltered persons in the region. 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.

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. On April 22, 2025, Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation.

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.

4.H
Packet Pg. 328
3 of 3
Prepared By: Heidi Von Tongeln, Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. Resolution re State of Emergency on Homelessness 06.10.2025

4.H
Packet Pg. 329
1 City Council Meeting: June 10, 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 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”), 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

4.H.a
Packet Pg. 330 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 331 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : Homelessness Emergency Proclamation) 3 WHEREAS, 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 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, on April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation; 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:

4.H.a
Packet Pg. 332 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : Homelessness Emergency Proclamation) 4 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 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.

4.H.a
Packet Pg. 333 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : Homelessness Emergency Proclamation) 5 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

4.H.a
Packet Pg. 334 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : Homelessness Emergency Proclamation)

EXHIBIT A

4.H.a
Packet Pg. 335 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 336 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 337 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 338 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 339 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 340 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 341 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 342 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : 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

4.H.a
Packet Pg. 343 Attachment: Resolution re State of Emergency on Homelessness 06.10.2025 (6988 : Homelessness Emergency Proclamation) 1 May 13, 2025
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 13, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:35 p.m., on Tuesday, May 13, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis (arrived at 5:45 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 5:35 p.m., with all members present except Mayor Pro Tem Torosis. Councilmember Hall 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 Raskin.

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

4.I
Packet Pg. 344 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 2 May 13, 2025
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.

No Councilmembers recused pursuant to the Levine Act.

AGENDA

MANAGEMENT
Motion by Councilmember Raskin, seconded by Councilmember Zernitskaya, to hear the proclamations prior to general public input. Motion was approved by unanimous voice vote with Mayor Pro Tem Torosis absent from the vote.

GENERAL PUBLIC
INPUT:

Members of the public David Morris, John Medlin, Lucian Tudor, Francisco Juarez, Morgan Jarow, Chris Gorbos, Arlene Hurwitz, Judith Serlin, Oliver Zinnemann, Pedro Paredes, Jeff Jarrow, Clint Segura, Joe Dirosa, Jeremiah Powell, Greg Alvarado, Sergio Ortega, Eric Nunez, Jonah Breslau, Ana Monchez, John Alle, Lorena Villafana, Germana Escobar, Griselda Nunez, Roberto Mazariegos, Matthew Hom, Andrew Moss, Denise Barton, Lacy Wetmore, Louis Watanabe, Harvey Eder, Dara Kimball, Johnathan Foster, Maria Loya, Marisela Herra, Bernice Onofre, Zoe Muntaner, Robert Reeves, Sara X., John C Smith, and Matias Fuchs-Lynch commented on various local issues.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS
(Mayor Pro Tem Torosis
arrived at 5:45 p.m.)

2.A. Proclamation: Mental Health Awareness Month, was presented.

2.B. Proclamation: Public Works Week, was presented.

PUBLIC INPUT FOR

SPECIAL AGENDA

ITEMS, CONSENT

CALENDAR AND
CLOSED SESSION ONLY:

No members of the public commented on Closed Session items.

No members of the public commented on Special Agenda items.

Members of the public Raquel Vallejo, Denny Zane, Lynette Kozdron, Mark Borensteim, Denise Barton, Kathy Knight, Zina Josephs, Mike Soloff, Lucian Tudor, Zennon Ulyate-Crow, Brad Ewing, Heather Thomasom, Jason Mastbaum, John C Smith, Zoe Muntaner, John Medlin, Ericka Lesley, and Harvey Eder commented on consent calendar items.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a

4.I
Packet Pg. 345 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 3 May 13, 2025
Councilmember for discussion.

At the request of Councilmember Raskin, Item 4.K.was removed from the Consent Calendar.

At the request of Councilmember Zernitskaya, Item 4.I., 4.K., and 4.L. were removed from the Consent Calendar.

At the request of Mayor Negrete, Item 4.J.and 4.L. were removed from the Consent Calendar.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to approve the Consent Calendar except for Item 4.I., 4.J., 4.K., and 4.L., 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
2800 and 3200 Airport
Avenue Renovation Projects

4.A. Authorization of Third Modification to Contract No. 11365 (CCS) with Swinerton Builders and Contract No. 11449 (CCS) with Olympos Construction Inc. for the 2800 and 3200 Airport Avenue Renovation Projects, was approved.

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;

2. Authorize the City Manager to negotiate and execute a third modification to agreement 11365 (CCS) in the amount of $500,000 with Swinerton Builders for additional project contingency associated with potential project cost escalation on the 3200 Airport Avenue Renovation Project for the Public Works Department. This will result in an agreement with a new total amount not to exceed $12,584,792 (including a $100,000 contingency), with future year funding contingent on Council budget approval; and

3. Authorize the City Manager to negotiate and execute a third modification to agreement 11449 (CCS) in the amount of $500,000 with Olympos Construction Inc. for additional project contingency associated with potential project cost escalation on the 2800 Airport Avenue Renovation Project for the Public Works Department. This will result in an agreement with a new total amount not to exceed

4.I
Packet Pg. 346 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 4 May 13, 2025
$8,058,350 (including a $100,000 contingency), with future year funding contingent on Council budget approval.

ANIMAL CODE 4.B. Introduction and First Reading of an Ordinance Amending the City's Animals Code, was heard and approved as amended.

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 the attached Ordinance amending the text of the Santa Monica Municipal Code by amending Chapter 4.04, Animals and Section 4.12.090 to modernize the Code, improve animal impound and quarantine policies including for dangerous animals, clarify and strengthen policies regarding nuisance and dangerous animals and animals in public, and provide greater tools to reduce the number of animals in shelter including improving dog licensing compliance and allowing the issuance of cat licenses.

MEDICAL DEVICE

PARTS AND SUPPLIES

4.C. Award Bid #4498 to Life-Assist and Zoll Medical for Replacement Parts and Supplies for Medical Devices, was approved.

Recommended Action
Staff recommends that the City Council:

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.

1. Award Bid #4498 to Life-Assist Inc. and to Zoll Medical Corporation for the purchase of replacement parts and supplies for medical devices for the Fire Department;

2. Authorize the Procurement Manager to issue a purchase order with Life-Assist Inc. for the purchase of parts and supplies in an amount not to exceed $50,000 for five years, with future years funding contingent on Council budget approval; and;

3. Authorize the Procurement Manager to issue a purchase order with Zoll Medical Corporation for the purchase of replacement parts and supplies, including grant-funded medical devices, in an amount not to exceed $1,000,000 for five years, with future year funding contingent on Council budget approval and grant awards.

CLEAN POWER

ALLIANCE (CPA) GRANT

4.D. Acceptance of Clean Power Alliance (CPA) Innovation Fund Grant Award, was approved.

Recommended Action
Staff recommends that the City Council:

4.I
Packet Pg. 347 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 5 May 13, 2025

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 awarded in the amount of $249,100 from the Clean Power Alliance through its Clean Power Alliance Innovation Fund to develop a direct-to-renter electric appliance incentive program in the Public Works Department, and to accept all grant renewals;

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

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

PROPERTY INSURANCE

BROKERAGE SERVICES

4.E. Approval of Second Modification to Agreement with Alliant Insurance Services, Inc. for Property Insurance Brokerage Services, 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.

2. Authorize the City Manager to negotiate and execute a second modification to Agreement No. 10433 (CCS) in the amount of $525,605 with Alliant Insurance Services, Inc. for Property Insurance Brokerage Services for the Finance Department. This will result in a thirteen years amended agreement with a new total amount not to exceed $1,217,605, with future year funding contingent on Council budget approval.

CARE MANAGEMENT

PROGRAM

4.F. Award Agreement to WISE & Healthy Aging for Care
Management Program, 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 negotiate and execute an agreement with WISE & Healthy Aging to operate a care management program for the Santa Monica Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Sections 2.24.240(a) and 2.24.250(i) and is for a total amount not to exceed $1,250,000 with future year funding contingent on Council budget approval and grant funding.

4.I
Packet Pg. 348 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 6 May 13, 2025

BIG BLUE BUS FARE
POLICY

4.G. Adoption of Big Blue Bus Fare Policy, was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15273 of the California Environmental Quality Act (CEQA);

2. Adopt the proposed Big Blue Bus fare changes to be implemented in two phases beginning in August 2025; and

3. Receive and file the results of the Title VI Fare Equity Analysis.

AUDIT SUBCOMMITTEE

RULES OF CONDUCT

4.H. Adoption of a Resolution Amending and Restating the Audit Subcommittee Rules of Conduct to Clarify the Date, Time, and Location of the Meetings, was adopted.

Recommended Action
Staff recommends that the City Council:

1. Make a finding that the attached Resolution is not a project subject to the California Environmental Quality Act;

2. Adopt the attached Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Date, Time and Location of the Meetings (Attachment A).

MINUTES 4.M. Approval of Minutes of City Council - Regular Meeting - Jan 28, 2025 5:30 PM, were approved.

MINUTES 4.N. Approval of Minutes of City Council - Special Meeting - Apr 29, 2025 5:30 PM, were approved.

MINUTES 4.O. Approval of Minutes of City Council - Special Meeting - May 3, 2025 8:00 AM, were approved.

ADVERTISING

GUIDELINES

4.I. Approval of Proposed Modified Advertising Guidelines to Allow Alcohol Ads, were approved as amended.

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. Approve an update to the City’s internal advertising guidelines to permit alcohol advertisements on eligible City-owned assets, including the digital kiosk network and the interior of parking structures, with specific location-based restrictions.

Questions asked and answered of staff included: could parking garages be

4.I
Packet Pg. 349 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 7 May 13, 2025
removed from the program in order not to send mixed messaging; how much potential revenue could be lost by excluding parking garages from the advertising program; and how many parking garages would be affected by the exclusion.

Considerable discussion ensued on topics including but not limited to excluding parking garages from the program and the feasibility of including the advertisement of cannabis in the program.

Motion by Zernitskaya, seconded by Mayor Negrete, to adopt the staff recommendation with direction to exclude parking garages for advertising alcohol ads, look into the feasibility to include cannabis advertisements as part of the program, and to provide Council with the number parking garages that would be affected by the exclusion of alcohol advertisements. 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
SB 79 4.J. Authorization to Submit Letter of Support for Senate Bill 79 (Wiener) Planning and zoning: housing development: transit-oriented development and update on SB 677 (Wiener), was approved.

Recommended Action
Staff recommends that the City Council:

1. Receive the staff analysis of Senate Bill 79 (Wiener) Planning and zoning: housing development: transit-oriented development; and

2. Direct the City Manager to draft a letter expressing the City’s support for SB 79 to be delivered to the bill author, Senator Ben Allen, and Assemblymember Rick Chavez Zbur.

Councilmember Raskin introduced a letter of support drafted by Mayor Pro Tem Torosis and himself for Council approval.

Motion by Councilmember Hall, seconded by Councilmember Snell, that the Council endorse the letter as written and brought forth by Mayor Pro Tem Torosis and Councilmember Raskin. The motion was approved by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick Mayor Pro Tem Torosis
NOES: Mayor Negrete
ABSENT: None

4.I
Packet Pg. 350 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 8 May 13, 2025

COUNCIL RULES OF

PROCEDURE

4.K. Adoption of a Resolution Amending the Council Rules of Procedure, was adopted as corrected.

Recommended Action
Staff recommends that the City Council adopt the attached resolution amending the Council Rules of Procedure to account for posting of agendas on City wayfinding kiosks, modify rules for public input, and make other changes to clarify and amend the procedural rules for the preparation for and conduct of Council meetings.

Considerable discussion ensued on topics including, but not limited to concerns about discontinuing time donation for public input.

City Attorney Sloan read a correction into the record regarding Rule 19(c)(1) of the resolution, correcting the word “available” to “unavailable”.

Motion by Councilmember Hall, seconded by Councilmember Zwick, to adopt the staff recommendation, as corrected and with direction to staff to return to Council with a rule to amend the time limit for public input on agendized items. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Hall, Snell, Zernitskaya
Mayor Pro Tem Torosis, Mayor Negrete
NOES: Councilmember Raskin
ABSENT: None

BOARD/COMMISSION

RESIDENCY

REQUIREMENTS

4.L. Introduction and First Reading of an Ordinance Adding Municipal Code Section 2.32.300 Requiring Residency for DTSM, Pier Corp, and SMTT, held first reading.

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 adding Section 2.32.300 to the SMMC requiring resident representation for a minimum of half of Council appointees to non-profits; and

3. Apply the residency requirement to appointments and
reappointments upon the resignation or expiration of current board member’s terms.

Considerable discussion ensued on topics including, but not limited to the merits of having residents appointed to these boards by Council as well as the merit of having perspectives of people who are constituents of the city but who are not residents.

4.I
Packet Pg. 351 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 9 May 13, 2025
Motion by Councilmember Snell, seconded by Councilmember Hall, 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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Speaker: Lucian Tudor, Denise Barton, Mari Miranda, Johnathan Foster, Connor Webb, Gleam Davis, Andrew Thomas, Anthony R. commented on Item 10.A.

Member of the public Connor Webb commented on Item 16.E.

ORDINANCES:
3 rd STREET

PROMENADE

ENTERTAINMENT ZONE

PROGRAM

10.A. 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 Program, was presented.

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 Promenade Entertainment Zone Program to Promote Economic Recovery.

Questions asked and answered of staff included: what is the earliest a business on the Promenade can serve alcohol; have there been any drunken and/or disorderly complaints on the Promenade in the recent past; does every business have to use the same cup; is there any initial financial impact to the City; can there be a City branded cup; is the intent to launch the entertainment zone seven days a week; will the management plan restrict certain types of alcohol; is there potential for expanding the entertainment zone beyond the proposed area; how will noise levels be enforced; what standard is being used to determine necessary law enforcement staffing; how many businesses on the Promenade with current liquor licenses have expressed an interest in participating in the entertainment zone; have the numbers on the potential economic impacts for the city been evaluated; is there a communication strategy; and is there potential for partnerships with ride share companies to avoid drinking and driving concerns.

Considerable discussion ensued on topics including but not limited to strong

4.I
Packet Pg. 352 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 10 May 13, 2025
support of the entertainment zone as a tool for revitalizing downtown; tracking economic impact measurements; support for diverse, independent businesses; ensuring regular arts, music, and local vendor activations; seeking a parallel plan to reduce commercial vacancies; being cautious about rolling out the program too quickly; doing a soft rollout before Pride on the Promenade; starting with implementation from Friday to Saturday to minimize financial impacts in terms of police staffing; and communication with Promenade maintenance, security and police.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Hall, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
PUBLIC HEARINGS:

ZONING CHANGES

12.A. Introduction and First Reading of Ordinances to (1) amend the text of the Zoning Ordinance for consistency with recent updates to State law and implement other changes, corrections, and clarifications; (2) amend Santa Monica Municipal Code Chapter 8.08 to extend expiration for all building permit applications complete as of January 6, 2025; (3) and amend the Official Districting Map for parcels located at 2644 30th Street and 1331 Wilshire Boulevard for consistent designations; Adoption of Resolutions to Amend the Santa Monica General Plan Land Use Map for parcels located at 2644 30th Street and 1331 Wilshire Boulevard for consistent designations, was held.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the proposed amendments to the text of the City’s Zoning Ordinance, Santa Monica Municipal Code Chapter

8.08, the Official Districting Map, and the General Plan Land Use Map are exempt from the provisions of the California Environmental Quality Act consistent with the findings set forth in the “Environmental Review” section of this Report.

2. Introduce for First Reading an Ordinance Amending the Text of the City’s Zoning Ordinance to Eliminate Parcel Size Threshold for Streamlined Review of Housing Projects, Increase the Maximum Square Footage for Accessory Dwelling Units, Revise Provisions Related to Ministerially Approved Lot Splits and Duplexes on Parcels Zoned Single-Unit Residential, Adjust the Criteria for Streamlined Review of Housing Projects on Large Sites Within Bergamot Zoning Districts, Provide Extensions for Projects

4.I
Packet Pg. 353 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 11 May 13, 2025
Approved prior to January 6, 2025, Convert Parcel Coverage Development Standards to Floor Area Ratio for the City’s Residential Zoning Districts, and Align Density Standards for the City’s Multiple-Unit Residential Zoning Districts with the Intensities Envisioned in the Land Use and Circulation Element; for Consistency With Recent Updates to State law; and Making Other Minor Changes, Corrections and Clarifications.

3. Introduce for First Reading an Ordinance Amending Santa Monica Municipal Code Chapter 8.08 to Extend Expiration for Building Permit Applications Complete as of January 6, 2025

4. Adopt a Resolution Amending the Santa Monica General Plan Land Use Map for the Parcel Located at 1331 Wilshire Boulevard for Consistent Designation.

5. Introduce for First Reading and Adoption of an Ordinance Amending the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard for Consistent Designation.

6. Adopt a Resolution amending the Santa Monica General Plan Land Use Map for the Parcel Located at 2644 30th Street for Consistent Designation.

7. Introduce for First Reading and Adoption of an Ordinance Amending the Official Districting Map for the Parcel Located at 2644 30th Street for Consistent Designation.

Members of the public Speaker Jonah Breslau, Heather Thomasom, Dan Kolhoff, Nikki Kolhoff, Tracey Hom, Dave Rand, Alex Brown, Stephen Anderson, Connor Webb, Kara Block, Mindi Shank, Gabrielle Ipale, Paula Larmore, and Shawn Landres, spoke to the recommended action.

Questions asked and answered of staff included: concurrent permitting for ADUs; is it possible to create a separate bonus program while maintaining the same ADU limit; whether the bonus program could potentially be rented or sold, since now, both options are in the code; would attached ADUs receive the same relief from development standards as detached ADUs; clarification on setback requirements, especially for alleyways; timelines for ADU approvals and potential distinctions between project sizes; clarification on why staff recommended removing the owner occupancy requirement; how owner occupancy would be practically applied if required; confirmation about the current community meeting process for parcels over an acre; whether staff has discretion to deny projects during these meetings; the legality of the proposed spot zoning; the definition of housing projects; potential modifications to the administrative approval process; and the feasibility of expanding ADU square footage limits.

Considerable discussion ensued on topics including, but not limited to streamlining making it easier to build what's already legally allowed; supporting removing administrative barriers to housing; the owner

4.I
Packet Pg. 354 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 12 May 13, 2025
occupancy requirement as preventing missing middle housing; townhomes being built without owner occupancy requirements in other parts of the city; that the changes being prescribed are implementing state law; concerns about spot zoning; adding a sunset clause to the administrative approval process; concerns about the affordability of new housing developments; and the potential impacts of spot zoning on neighborhood character.

Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis, to adopt the staff recommendation with the following amendments:

Administrative Approvals (Chapter 9.39):
• Add the following text to Section 9.39.020(A)(1)(c): "If, upon initial review of a project application, the Director or their designee finds that there is substantial evidence a project may have a specific, adverse impact upon the public health or safety (as those terms are defined by Government Code Section 655895.5), and there is no feasible method to satisfactorily mitigate or avoid the adverse impact, the project shall be ineligible for an Administrative Approval. Upon any such finding by the Director or their designee, the finding may be appealed to the Planning Commission.

Alternatively, if not appealed, the project application may proceed pursuant to the Development Review Permit procedures in Chapter 9.40." • Note that Table 9.37.160 will need to be updated to reflect this change. • Add a sunset clause that specifies the amendments to Chapter 9.39 will terminate after five (5) years.

Definition of “Housing Project” (Section 9.52.020.1125):
• Delete the proposed new text in subdivisions (B)(2)(b) and (B)(3)(d), which discuss hotel uses, and instead add a new Subdivision (E) that says: “Unless otherwise consistent with and authorized pursuant to the Housing Accountability Act (Government Code Section 65589.5, as may be amended), a mixed-use development shall not qualify as a Housing Project if it includes the following uses: a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.”
ADU updates
• Update applicable portions of the code to state that an Accessory Dwelling Unit may be permitted up to 1,350 square-feet if it contains at least three bedrooms.

SB 9/SB 450 Owner Occupancy Requirement (Section 9.31.125(D)(6)):
• Replace the amended text with the following (note that existing text is not underlined, and our proposed amendments to the existing text are underlined): "Occupancy. Property owner shall intend to live on one of the resulting parcels for three years following subdivision completion. For the purposes of this subdivision, "owner" shall include the beneficiary of a trust

4.I
Packet Pg. 355 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 13 May 13, 2025
or any other individual with a beneficial fee interest in the property that will be subdivided pursuant to this Chapter.”
Substitute motion by Councilmember Zwick, seconded by Councilmember Zernitskaya for the following:
• Approving streamlining of parcels above one acre;
• Adding health and safety provisions;
• Including a five-year sunset provision;
• Exempting projects with hotel portions;
• Continue exempting ADUs from FAR requirements;
• Allowing conversions of ADUs beyond initial footprint; • Permitting newly constructed attached ADUs;
• Allowing upper story outdoor space on all units;
• Raising duplex minimum square footage to 1500 square feet; • Limiting ARB meetings to two; and
• Requesting staff return with SB 1123 implementation plan.

Motion was approved by the following vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya Mayor Pro Tem Torosis
NOES: Mayor Negrete
ABSENT: None
Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis to table staff recommendations four through seven as printed on the agenda.

Motion was approved by the following vote:

AYES: Councilmembers Snell, Raskin,
Mayor Negrete, Mayor Pro Tem Torosis
NOES: Councilmembers Zernitskaya, Hall, Zwick
ABSENT: None

COUNCILMEMBER
DISCUSSION ITEMS:

In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.

Items 16.A., 16.B., and 16.F. were removed and considered separately in accordance with Council Rule 6(y)

TRANSIT SECURITY

ADVISORY COMMITTEE

16.A. Appointments to three seats on the Transit Security Advisory Committee for terms ending June 30, 2027. (CONTINUED FROM 4/22/2025), was heard.

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

4.I
Packet Pg. 356 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 14 May 13, 2025
Councilmember Snell nominated Eric Fisher to the Youth Advocate seat.

Eric Fisher was voted by acclamation – unanimous vote in his favor, with all Councilmembers present.

Councilmember Hall nominated Frederick Foy Law Enforcement seat.

Frederick Foy was voted by acclamation – unanimous vote in his favor, with all Councilmembers present.

Motion by Councilmember Raskin, seconded by Mayor Pro Tem Torosis, to table the remaining appointments to the Transit Security Advisory Committee. Motion was approved by unanimous voice vote with all Councilmembers present.

CLEAN BEACHES &

OCEAN PARCEL TAX

CITIZENS OVERSIGHT

COMMITTEE

16.B. Appointment to one unscheduled vacancy on the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee for a term ending on June 30, 2025, was heard.

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

Councilmember Hall nominated Marion Clark.

Marion Clark was voted by acclamation – unanimous vote in their favor, with all Councilmembers present.

TRANSIENT

OCCUPANCY TAX

ADVISORY COMMITTEE

16.C. Recommendation to accept Danielle Goller's resignation from the Transient Occupancy Tax Advisory Committee and authorize the City Clerk to publish the vacancy, was accepted.

Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to accept the resignation with regret.

The motion was approved by a unanimous voice vote, with all members present.

ASSEMBLY BILL 306 16.D. Request by Mayor Negrete that the City Council consider taking an “Oppose Unless Amended” position on Assembly Bill 306 (Schultz), which, as currently written, would impose a six-year moratorium on any changes to the building code that affect residential buildings; and direct the City Manager to prepare a letter requesting the following amendments: 1) Exclude existing residential buildings from the moratorium, so that it would apply only to newly constructed housing.

This change would allow the City to continue its critical work to decarbonize older housing stock, increasing energy efficiency, reducing monthly utility costs, and improving health and quality of life for

4.I
Packet Pg. 357 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 15 May 13, 2025
current residents; and 2) Clarify that local governments can adopt the existing 2025 State Building Code language currently scheduled to take effect January 1, 2026; and that the California Building Standards Commission, and other adopting agencies, may consider and approve modifications to the 2031 State Building Code, prior to the June 1, 2031 date stated in the current bill language. This clarification is consistent with the author’s intent to pause only one triannual building code cycle.

Further, direct the City Manager to work with the City’s legislative advocate to articulate the need for these amendments and to send the letter to the bill’s author, Senator Allen, and Assemblymember Zbur, was approved.

Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to approve the item.

The motion was approved by a unanimous voice vote, with all members present.

SANTA MONICA PIER
EVENTS

16.E. Request of Councilmembers Hall, Zwick, and Mayor Negrete that the City Council direct the Interim City Manager to work with the Santa Monica Pier Corporation, Santa Monica Travel and Tourism, and the Santa Monica Pier Lessees Association to bring back large music events and multi-day festivals to the Santa Monica Pier as part of our strategy to pursue economic opportunity and growth, was approved as amened to state that the Interim City Manager will bring back a plan to bring back large music events and multi-day festivals to the Santa Monica Pier.

Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to approve the item.

The motion was approved by a unanimous voice vote, with all members present.

COUNCIL

DISCRETIONARY FUNDS

16.F. Request of Councilmember Zernitskaya, Mayor Pro Tem Torosis, and Mayor Negrete that the City Council allocate $1,000 of Council Discretionary Funds to the Santa Monica Animal Shelter Foundation to help defray costs related to their Open House Fundraiser on June 7, 2025. Funds will cover certain event costs such as, but not limited to, a DJ, supplies, and other items needed to make the event a success so that more of the donations received can go to assisting animals in need, was heard.

Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to approve the item. The motion was approved by the following roll call vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Zwick

4.I
Packet Pg. 358 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) 16 May 13, 2025
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None

SKILLBRIDGE

PROGRAM

16.G. Request of Councilmember Hall that the City Council direct the Interim City Manager to work with the Police Chief, Human Resources Director, and recruiting team to establish a Department of Defense Skillbridge program for the purpose of opening a new recruitment pipeline for vacant roles. Utilize learnings and best practices from similar programs established by: Los Angeles Police Department, Los Angeles Airport Police, Salinas Police Department, and San Diego Police Department. To the extent possible, prioritize efforts with local-toSouthern California bases such as Los Angeles Air Force Base and Camp Pendleton to initiate recruitment efforts, was heard.

Motion by Mayor Pro Tem Torosis, seconded by Mayor Negrete, to approve the item.

The motion was approved by a unanimous voice vote, with all members present.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 2:03 a.m. in memory of Jennifer “Jenn” Barraza Mendoza.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor

4.I
Packet Pg. 359 Minutes Acceptance: Minutes of May 13, 2025 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: June 10, 2025
Agenda Item: 5.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code § 54956.8: properties:
2033-2101 Virginia Avenue; owner of record: Community Corporation of Santa Monica; City negotiators: Heather Averick, Director of Housing and Human Services, and Natalie Verlinich, Housing Manager; owner negotiator:

Tara Barauskas; under negotiation: price and terms of payment Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.A
Packet Pg. 360

GENERATIONS OF VIRGINIA AVE
2000’S
1970’S
1990’S
1980’S
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 361 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real THE

MURILLO
FAMILY 1 ST , 2 ND AND 3RD

GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 362 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE JIMENEZ
FAMILY
1 ST AND 2 ND

GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 363 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE PUC
FARFAN FAMILY 1 ST , 2 ND AND 3 RD

GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 364 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE RENTERIA
FAMILY
1 ST AND 2 ND GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 365 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE GARCIA
FAMILY 1 ST, 2 ND AND 3RD

GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 366 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE OLMEDO
FAMILY
1 ST AND 2 ND GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 367 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE LUIS
FAMILY 1 ST, 2 ND AND 3 RD

GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 368 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE JIMENEZ
FAMILY
2 ND AND 3 RD GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 369 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real THE FLORES FAMILY 1 ST AND 2 ND GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 370 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE FLORES
FAMILY
2 ND AND 3 RD

GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 371 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real THE PONCE FAMILY 2 ND AND 3 RD GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 372 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE SERRANO
FAMILY 1 ST AND 2 ND GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 373 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real

THE DANIELS
FAMILY
1 ST AND 2 ND GENERATION
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 374 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 375 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 376 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real 1 David Yakobson
From: Matre <[email protected]>
Sent: Tuesday, June 10, 2025 4:11 PM
To: councilmtgitems
Subject: Item Number 5A

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

I am writing to ask the City Council to please approve the funding for the rehab of 2033 - 2101 Virginia Avenue apartments and not support a tear down. These apartments are important to many families and individuals who live there, and are also a vital part of our city's heritage and future. Rehab would preserve homes for residents and support a deeply-rooted community which enriches Santa Monica immeasurably.

Thank you so much for your support!
Matt Sawaya
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 377 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real estate negotiator) 2 David Yakobson
From: Wendy Dembo <[email protected]>
Sent: Tuesday, June 10, 2025 1:04 PM
To: councilmtgitems
Cc: Barry Snell; Dan Hall; Ellis Raskin; Jesse Zwick; Caroline Torosis; Natalya Zernitskaya; Lana Negrete
Subject: 6/10/25 item 5-A – 2033-2101 Virginia Ave. -- Rehab vs. demolition

EXTERNAL
Dear City Council Members,
These are very people that CCSM is supposed to be helping.

This is a community. If they tear down their current housing, the community will be displaced for years to come.

I am writing to you in strong support of the residents of Generations of Virginia Ave and our community. The current living conditions in the building are deeply concerning and in many cases, inhumane.

Residents are facing serious issues including:

Mold and termite infestations
Leaking and deteriorating roofs and gutters
Non-functioning wall heaters
Broken windows
Outdated and corroded plumbing
Faulty electrical systems
Exposure to asbestos and lead
I urge you to prioritize this issue, secure the funding needed for full rehabilitation, and ensure that tenants can remain in their rent-controlled homes.

Together, let’s show that Santa Monica values:

Preservation over profit
Diversity over displacement
Equity over erasure
Real community over empty development.

Please put people first instead of developers' income.

Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 378 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real estate negotiator) 3 With regret,
Wendy Dembo
Santa Monica Resident and Voter
Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 379 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real estate negotiator) 1 David Yakobson
From: Ann Maggio <[email protected]>
Sent: Tuesday, June 10, 2025 11:59 AM
To: councilmtgitems; Lana Negrete; Jesse Zwick; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Subject: 6/10/25 item 5-A – 2033-2101 Virginia Ave. -- Rehab NOT Demolition

EXTERNAL
City Council,
Ask the questions!!
Did CCSM take over this rent controlled building then ask each resident to INCOME QUALIFY?
I ask this because CCSM did this to aSM friend of mine some 15 yrs ago. Her husband had been living in their Rent controlled 1 bedroom apartment for about a decade before my friend married him. By the time CCSM bought their Rent controlled building my friend and her husband had a toddler. CCSM kept trying to demand that they complete INCOME QUALIFICATION forms which they refused to do. They repeatedly told CCSM that their lease was under RENT CONTROL policy and they were not required to complete CCSM's forms. CCSM was seeking grant funding to renovate, apartment by apartment and in order to receive that money they needed to produce documentation that showed a certain number of units were occupied by low income qualifiers. My friends refused their request...until... CCSM found out that she was pregnant with another child and said that they shouldn't be living in a 1 bedroom with 2 kids. Then they struck a deal with my friends, I believe to get them to complete the paperwork. The deal was to let them move into a 2 bedroom unit on the property so they could renovated the one bedroom.

Does the City Council know how CCSM handled the data collection from these tenants or what possible methods of coercion, if any, they used to gather in depth income information from each? Does the City Council know what they told the City about the reason they could not get a loan from other sources to renovate your building?
Are they pocketing half the money they get in grant/local funding while claiming renovation costs are more than twice the cost?
If anyone was coerced into sharing their income data with CCSM, they should expose that. After all, former Mayor, Kevin McKeown, a huge proponent of rent control, still occupies a super long term rent controlled unit in Wilshire and he was making way over 6 figures for decades while "working" for the SMMUSD via a business owner contract as the sole Apple repairman. For years though, no one in the Malibu schools had ever seen nor heard of him.

If the City and or CCSM knew in advance that building residents didn't have the low income qualified number of residents to get federal/state renovation funding that would open an entirely new can of Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 380 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real estate negotiator) 2 worms. Should that be the case, it would expose a reno-viction collusion scheme to keep churning the local population...especially if they don't like residents politics! Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein Item 5-A
June 10, 2025
Item 5-A
June 10, 2025

5.A.a
Packet Pg. 381 Attachment: Written Comments [Revision 2] (7134 : Closed Session: Conference with real estate negotiator) 1 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, June 10, 2025 11:47 AM
To: Lana Negrete; Caroline Torosis; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall; Jesse Zwick; councilmtgitems
Subject: 6/10/25 City Council Mtg. - Item 5A - 2033-2101 Virginia Avenue - Rehab NOT Demolition -- Work to Retain Affordable and Rent-Controlled Housing in Pico Neighborhood

EXTERNAL
Mayor Negrete and City Council Members,
The Wilshire Montana Neighborhood Coalition (Wilmont) Board of Directors ask the City Council and relevant City agencies to take action and protect the residents of 2033-2101 Virginia Ave. to prevent the displacement of more than 100 tenants who have called Virginia Avenue home for generations. In January 2020, Community Corporation acquired their rent-controlled building from the original owner, who had neglected to make regular renovations to keep the property up to standards. Community Corporation assured all existing tenants that they could remain, and that much needed improvements would be made. For decades this property has been home to a diverse, close-knit community of families, seniors and long-term tenants who built their lives there.

Santa Monica City CouncilJune 10, 2025

Santa Monica City Council
June 10, 2025