Agenda packet, first session — Santa Monica City Council, July 29, 2025 (part 2 of 5)

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

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

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

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

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

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Packet Pg. 239 Attachment: Levine Act (7121 : Award RFP No. SP2754 Pavement Management System Update)

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
International Cybernetics Company, LP dba IMS Infrastructure Management Services ICC Management, Inc.

Lois Somers Senior, Finance & Admin
4/29/25
[email protected] 727-547-0696
Directors: John Lancefield, Michael Nieminen
ICC Management, Inc. Directors: John Lancefield, Michael Nieminen Lois Somers

4.D.b
Packet Pg. 240 Attachment: Oaks Initiative (7121 : Award RFP No. SP2754 Pavement Management System Update) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.E
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Authorize the First Modification to Agreement #4755 with Westway Auto Body and Paint Shop, Inc., for Vehicle Body Work, Repairs, Painting, and New Vehicle Upfitting
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and a finding of no significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a first modification to agreement #4755, to extend the term and in the amount of $200,000 (includes a $19,000 contingency) with Westway Auto Body and Paint Shop, Inc. (Westway), for vehicle body work, repairs, painting and new vehicle upfitting for the Public Works Department. This will result in a six-year amended agreement with a new total amount not to exceed $450,000, with future year funding contingent on Council budget approval.

Summary
The City seeks to extend its contract 4755 with Westway Auto Body and Paint Shop, Inc. (Westway) to continue providing vehicle body work, repairs, painting, and new vehicle upfitting services. The contract authority has been reached, driven by increased costs from new vehicle upfits and rising repair expenses associated with the City’s aging fleet. Staff recommends that Council authorize a first modification with Westway, increasing the contract by $200,000 (including a $19,000 contingency) over a one-year period, for a new total amount not to exceed $450,000 and an extended total term of six years. This extension would allow adequate time to complete the competitive procurement process for a new long-term contract.

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Discussion
Staff administers two contracts with Westway: 4755 (heavy duty vehicles) and 4764 (light/medium duty vehicles). To simplify administration and reduce the number of contracts, staff seeks to modify and extend contract 4755 only, which would then be used for all vehicles to be serviced by Westway. A review of Westway contracts 4755 and 4764 identified an average annual expenditure of $120,000 for upfitting and repair costs since FY 2022-23 (excluding funds spent specifically by Risk Management for vehicle accidents). A significant increase in expenditure was observed in FY 2024-25 for a total of $211,528. Staff anticipates that expenditures will continue to increase and remain elevated in the coming fiscal years due to the arrival of new vehicles, which require immediate upfitting services from Westway. Upfitting services include the installation of lights, tailgates, and other aftermarket equipment tailored to operational requirements.

In 2020, staff issued Request for Bids (RFB) #12001967 to solicit vehicle body work, repairs, painting, and new vehicle upfitting services. Staff reviewed the bids that were received and recommended awarding a five-year agreement to Westway. The contract was executed in the amount of $250,000 and will expire on August 2, 2025. Fleet has initiated the competitive bid process and is working with the Finance Department’s Procurement Division to identify the best bidder for a new contract for these services which is anticipated in early 2026. In the interim, Fleet requests Council approval to modify the existing contract to ensure continued upfitting services.

Environmental Review
The modification to the agreement for Fleet Management services is categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) and Section 15061(b)(3) of the CEQA Guidelines. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consist of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The modification will

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continue to provide vehicle body work, repairs, painting, and new vehicle upfitting services for the City’s existing fleet. Additionally, the modification 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.” Therefore, it can be seen with certainty that the contract would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Management Fund to increase the amount of contract #4755 with Westway Auto Body and Paint Shop, Inc. to provide vehicle body work, repairs, painting, and new vehicle upfitting services for Fleet. The Vehicle Management Fund is an internal service fund that charges relevant funds, including the General Fund, for purchases and services rendered. Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2025-26
Modified Request
Amount
Department
Account #
Total Revised
Contract Amount
4755 $250,000 200,000 70500001.529001 $450,000
Prepared By: Ernest Kwong, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. 01 Westway_Auto_Body_Contract_Executed_08-03-20
B. 02 Westway 10_20240820 4th Extension Signed

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C. Levine Act Disclosure Form_Westway
D. OAKS INITIATIVE FORM_Westway
E. Living Wage Westway Auto Body_FY2024-25

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Contract No. 4755

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and WESTWAY AUTO BODY SHOP (“WESTWAY”), is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. WESTWAY is qualified to do business, and is doing business, in the State of California. WESTWAY represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.

C. The City and WESTWAY desire to enter into an agreement for WESTWAY to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Original Term. This Agreement begins on the Execution Date and terminates one year after the Execution Date (“Original Term”), unless sooner terminated in accordance with Section 14.

1.1. Option to Extend. The City, in its sole and absolute discretion, shall have the option to renew this Agreement for up to four (4) additional one-year periods (each referenced herein as an “Extension Term”). The City may exercise each 1-year option by letter to the Contractor from its City Manager prior to the end of the Original Term or prior to the end of any Extension Term, if any. The exercise of each 1-year option shall automatically extend the term of this Agreement up through the end of the Extension Term.

2. WESTWAY Services. WESTWAY will perform all of the services (“Services”) described in Exhibit A, Scope of Services. WESTWAY will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

3.1 Make available to WESTWAY any currently existing documents, data or information required for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96 8/2/2020

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3.3 Promptly examine and render findings on all documents submitted for staff review by WESTWAY.

4. Compensation. The City will compensate WESTWAY for Services rendered during Original Term and all the Extension Terms, if any, in the total amount of compensation which shall not exceed $250,000, as set forth in Exhibit B.

5. Invoices. WESTWAY will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

Fleet Management
City of Santa Monica
2500 Michigan Ave, Bldg. 5
Santa Monica, California 90404
Attention: Jose Arroyo
Re: Contract No. 4755
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 4755

6.2 All notices, demands, requests or approvals to WESTWAY:

Westway Auto Body
1718 20th Street
Santa Monica, CA 90404 USA
Attention: Jerrold Epstien
Phone: (310) 828-0151, [email protected]
Re: Contract No. 4755

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of WESTWAY or any of WESTWAY’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.

This Agreement may be modified only by written agreement signed by City and WESTWAY, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, WESTWAY must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by WESTWAY or WESTWAY’s agents, representatives, employees or subconsultants for the duration of this Agreement. WESTWAY must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 WESTWAY agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of WESTWAY, or WESTWAY’s employees, agents, officers, and subconsultants. WESTWAY’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of WESTWAY, its employees, agents or officers, or subconsultants; provided, however, that WESTWAY’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding WESTWAY’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from WESTWAY, if City chooses to do so.

10.2 Enforcement Costs. WESTWAY agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

11. Prohibition Against Transfers.

11.1 WESTWAY may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of WESTWAY or of any general partner or joint venturer or syndicate member of WESTWAY, if a partnership or joint venture or syndicate exists, which results in changing the control of WESTWAY, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

12. Permits and Licenses. WESTWAY, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If WESTWAY fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to WESTWAY.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to WESTWAY. Upon termination of this Agreement, City will pay WESTWAY any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. WESTWAY must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.

16. Discrimination. WESTWAY may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

17. Nuisance. WESTWAY may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18. Records.

18.1 WESTWAY must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. WESTWAY must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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18.2 WESTWAY must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.

WESTWAY must clearly identify all records and make them readily accessible to the City. At the City’s request, WESTWAY must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 WESTWAY must allow the City to have free access to WESTWAY’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit WESTWAY’s records, and WESTWAY agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by WESTWAY, WESTWAY agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by WESTWAY or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by WESTWAY or any subconsultant pursuant to this Agreement may be made available to any individual or organization by WESTWAY without prior written approval by City.

19.2 At the City’s request, WESTWAY must furnish reports concerning the status of the Services.

20. Standard of Care. WESTWAY agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of WESTWAY’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants.

21.1 If WESTWAY proposes to have any subconsultant perform any part of the Services, WESTWAY must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

21.2 WESTWAY will be responsible for the quality of any subconsultant’s work.

Every subcontract or agreement of any kind entered into between WESTWAY and any subconsultant (or between any subconsultant and others) must contain DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 4755 entered into between the City of Santa Monica and WESTWAY on^^____________________.

22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

23. Venue and Jurisdiction. The City and WESTWAY agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

25. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96 8/2/2020

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In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96 7/30/2020
Interim City Attorney
George Cardona
Jerrold Epstein
06-12-19
Jerry Epstein
7/31/2020
Lane Dilg
Interim City Manager
8/3/2020 8/2/2020
City Clerk
Denise Anderson-Warren

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Packet Pg. 251 Attachment: 01 Westway_Auto_Body_Contract_Executed_08-03-20 (7123 : Westway Auto Body Contract 4755 Modification) Exhibit A
Scope of Services
Westway Auto Body Shop shall provide repair and upfitting services for heavy-duty vehicles according to the rate schedule submitted in Bid No. 12001966 in Exhibit B, budget.

Vendor shall provide a lifetime warranty on materials and service.

Emergency after-hours shall be considered after 5:00pm on weekdays, and on weekends.

Contractor shall provide billing statement on a monthly basis.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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Packet Pg. 252 Attachment: 01 Westway_Auto_Body_Contract_Executed_08-03-20 (7123 : Westway Auto Body Contract 4755 Modification) Exhibit B
Budget
The contract budget is for an amount not to exceed $250,000 over a five-year period for the repair and upfitting of heavy-duty vehicles. Future year funding beyond Year 1is contingent on Council budget approval.

Year 1 Rate
Metal Labor Rate per Hour $ 30.00
Aluminum Labor Rate per Hour $ 30.00
Fiberglass Labor Rate per Hour $ 30.00
Glass Labor Rate per Hour $ 30.00
Mechanical Labor Rate per Hour $ 65.00
Frame Labor Rate per Hour $ 65.00
Electrical Labor Rate per Hour $ 65.00
Paint & Mechanical Labor Rate per Hour $ 29.00
Body Shop Material Labor Rate per Hour $ 2.00
Detailing Service $250.00
Emergency after-hours services shall be provided at no extra charge and at the same rates as noted above.

Round-trip pickup and delivery charges shall be provided at no additional cost.

Detailing services shall be provided at no cost if body and paint work is performed.

Services rendered during all Extension Terms shall be at the same price, terms, and conditions.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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Packet Pg. 253 Attachment: 01 Westway_Auto_Body_Contract_Executed_08-03-20 (7123 : Westway Auto Body Contract 4755 Modification) Exhibit C
Contractual Services Agreement Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

4.E.a
Packet Pg. 254 Attachment: 01 Westway_Auto_Body_Contract_Executed_08-03-20 (7123 : Westway Auto Body Contract 4755 Modification) Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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Packet Pg. 255 Attachment: 01 Westway_Auto_Body_Contract_Executed_08-03-20 (7123 : Westway Auto Body Contract 4755 Modification) prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

DocuSign Envelope ID: AB9051E8-C0E3-46CD-95A5-E52A03CBBA96

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Packet Pg. 256 Attachment: 01 Westway_Auto_Body_Contract_Executed_08-03-20 (7123 : Westway Auto Body Contract 4755 Modification) 1685 Main Street, Suite 209, Santa Monica, CA 90401 • [email protected] www.santamonica.gov • @cityofsantamonica • @santamonicacity August 15, 2024#CMDate
Jerrold Epstein
Westway Auto Body
1718 20th Street
Santa Monica, CA 90404
Re: Contract No. - 4755 Contract Renewal Option Services Dear Mr. Epstein:

Please accept this letter as the City’s notification of its intent to extend the term of the abovereferenced Contractual Services Agreement (the “CSA”) for a period of one (1) year. As noted in Section 1 of the Terms and Conditions of the CSA dated August 2, 2020, the City may extend the term for up to two (4) additional one (1)-year terms. This renewal will extend the term of the CSA commencing on August 2, 2024 and terminating on August 2, 2025. All other terms and conditions of the CSA shall remain the same and in full force and effect.

If you have any questions, please contact Stelios Makrides, Project Manager at (310) 458-2201 ext.2693 or [email protected].

Sincerely,
#CM
Enclosure
cc: Stelios Makrides, Project Manager
Teresa Villa, Procurement Manager
Docusign Envelope ID: 71D4B4D1-D6CF-4535-930D-A74B214EAB6A 8/20/2024
David White
City Manager

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Packet Pg. 257 Attachment: 02 Westway 10_20240820 4th Extension Signed (7123 : Westway Auto Body Contract 4755 Modification) 1685 Main Street, Suite 209, Santa Monica, CA 90401 • [email protected] www.santamonica.gov • @cityofsantamonica • @santamonicacity

ACKNOWLEDGEMENT OF CONSENT AND AGREEMENT
I, Jerrold Epstein, designated representative of Westway Auto Body, a California company, hereby consent and agree to the extension of the term of Contract No. 4755, commencing on 8/2/2024 and terminating on 8/2/2025, as set forth in the renewal letter issued by the City of Santa Monica, dated August 15, 2024.
#VENDOR
Docusign Envelope ID: 71D4B4D1-D6CF-4535-930D-A74B214EAB6A 8/20/2024
8/31/2024
Jerrold Epstein
Jerrold Epstein

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Packet Pg. 258 Attachment: 02 Westway 10_20240820 4th Extension Signed (7123 : Westway Auto Body Contract 4755 Modification) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

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

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

Code Regs. Section 18438.1, which states:

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

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

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Packet Pg. 259 Attachment: Levine Act Disclosure Form_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

Please note this form is a public record and subject to a California Public Records Act request. 07-23-25
Jerrold Epstein CEO / CFO
Westway Industries Inc dba Westway Auto Body Shop
Jerrold Epstein Digitally signed by Jerrold Epstein
DN: cn=Jerrold Epstein, o=Westway Auto Body, ou,
[email protected], c=US
Date: 2025.07.23 09:13:01 -07'00'

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Packet Pg. 260 Attachment: Levine Act Disclosure Form_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

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

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

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

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Packet Pg. 261 Attachment: Levine Act Disclosure Form_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification)

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

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

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

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

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

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Packet Pg. 262 Attachment: Levine Act Disclosure Form_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification)

Page 3 ends

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

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Packet Pg. 263 Attachment: Levine Act Disclosure Form_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 264 Attachment: OAKS INITIATIVE FORM_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Jerrold Epstein CEO / CFO
07-23-25
[email protected] (310) 828-0151
Westway Industries Inc
Westway Auto Body Shop
Jerrold L. Epstein 100%
Jerrold L. Epstein CEO / CFO
Gary Koonce Director
Jerrold Epstein Digitally signed by Jerrold Epstein
DN: cn=Jerrold Epstein, o=Westway Auto Body, ou,
[email protected], c=US
Date: 2025.07.23 09:15:49 -07'00'

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Packet Pg. 265 Attachment: OAKS INITIATIVE FORM_Westway [Revision 2] (7123 : Westway Auto Body Contract 4755 Modification)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 24/25 – July 1, 2024 through June 30, 2025)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $20.32 per hour for certain employees of contractors providing services to the City where services exceed $54,200 or more and requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.

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Packet Pg. 266 Attachment: Living Wage Westway Auto Body_FY2024-25 [Revision 1] (7123 : Westway Auto Body Contract 4755 Modification)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2024 through June 30, 2025

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $20.32 per hour
Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE տ THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE տ If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) contractor is a government agency and is exempt
(b) contractor is a City grantee and is exempt
(c) contractor is a non-profit corporation and is exempt (d) contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO.

Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.

These statements are made under penalty of perjury under the laws of the State of California.

Printed Name: Title:

Signature: Date:

Contractor: Bid Number (if applicable):

Service Description:

Jerrold L. Epstein CEO / CFO
Jerrold Epstein Digitally signed by Jerrold Epstein
DN: cn=Jerrold Epstein, o=Westway Auto Body, ou, [email protected], c=US Date: 2024.05.15 07:55:27 -07'00' 05-15-24
Westway Industries dba Westway Auto Body
Auto Body and Paint repairs
✔

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Packet Pg. 267 Attachment: Living Wage Westway Auto Body_FY2024-25 [Revision 1] (7123 : Westway Auto Body Contract 4755 Modification) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.F
1 of 6
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Award RFP #439 for Film Permit Coordination, Permit Process Improvement, Marketing/Outreach, Notification, Monitoring, and Complaint Referral Services on Public Property, the Public Right-of-Way, and in City Facilities Recommended Action
Staff recommends that the City Council:

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

2. Award RFP #439 Film Permit Coordination, Permit Process Improvement, Marketing/Outreach, Notification, Monitoring, and Complaint Referral Services to Film Santa Monica, a California-based company, to provide film permit coordination, notification, and monitoring services for filming activities on public property, the public right-of-way, and in City facilities; and

3. Authorize the City Manager to negotiate and execute an agreement with Film Santa Monica at no cost to the City over an initial term of three years with one option for renewal of two years to be exercised at the City’s sole discretion.

Summary
The City of Santa Monica issues film permits to allow filming at various public locations and City facilities within Santa Monica. Since 2013, the City has contracted for film permit services due to the volume and complexity associated with these requests. Staff issued an RFP in February 2025 for film permit services that included film permit coordination, permit process improvement, marketing, notification, monitoring, and complaint referral services to determine the best vendor to streamline film permitting services to filmmakers and the community. After an extensive evaluation process and finalist interviews, staff recommends Film Santa Monica as the best bidder. Film Santa

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Monica charges its own processing fees directly to the applicant, resulting in no cost to the City.

Discussion
A film permit is required for commercial filming or commercial still photography in any public space in Santa Monica including all streets, parks, City facilities, Santa Monica Pier, Santa Monica State Beach, and beach parking lots. Commercial filming and photography generally include motion picture and television productions, videos, web broadcasts, commercials, and off-news productions. Film permits are also required for student, educational, and non-profit filming.

Film permitting has been outsourced in Santa Monica since July 2013. Previously, all film permits were issued by the City directly, which required significant staff time and resources. Film Santa Monica would provide a no-cost alternative to the City while still giving the City the ability to approve or deny filming requests to ensure that they do not conflict with other municipal activities. Fees paid to the City would be collected through Film Santa Monica’s permitting system, in addition to fees charged by the film contractor for their own services.

All services Film Santa Monica provides are at a cost to the film company based on the types of permits and/or services required. As part of the recommended agreement, Film Santa Monica would coordinate and issue permits for all public areas in the city as well as City-owned facilities. In addition, Film Santa Monica would notify residents and businesses of filming, interface directly with filming agencies on behalf of the City, coordinate fee collection, and maintain permit records.

Vendor Selection
Bidder Recommendation
Best Qualified Firm Film Santa Monica
Evaluation Criteria Ability to meet objectives/successfully operate permit program, experience/technical competence, stability/references, costs of services/cost of control, value add/breadth of service, demonstration/presentation

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Municipal Code SMMC 2.24.190
RFPs Received
Film Santa Monica Film L.A., Inc. Pacific Production Services, LLC RFP Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
2/10/2025 City's Online
Bidding Site
Santa Monica Daily Press 27 3/3/2025
Justification to Award
Based on these criteria and criteria in SMMC 2.24.190, staff recommends Film Santa Monica as the best qualified firm based on its proposed value-added component of the RFP to the film permit program. Film Santa Monica is a division of Santa Monica Travel & Tourism and has successfully promoted Santa Monica as a regional, national, and international destination in the past. Santa Monica is considered one of the most iconic film destinations in the world and Film Santa Monica has a vision to streamline the film permit process, boost economic impact, and position Santa Monica as the most film-friendly destination in Los Angeles County.

Film Santa Monica Services
The Film Santa Monica team is well versed in marketing, event coordination, and stakeholder collaboration. With established connections in the tourism industry, Film Santa Monica was able to secure a partnership with Visit California to feature Regent Santa Monica Beach (formerly Loews Santa Monica Beach Hotel) in their Super Bowl LVI commercial “Am I Dreaming?” in 2022; the Super Bowl LVI broadcast had 112.3 million viewers. Santa Monica Travel & Tourism has also worked with Pacific Park for a variety of photoshoots and video shoots, including coordinating with location partners, transporting bags and props, and providing meals and transportation for such activities.

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Marketing Services
Film Santa Monica is uniquely positioned to elevate the City of Santa Monica’s film permit program by leveraging prior expertise in destination marketing, industry partnerships, and strategic outreach. Through targeted marketing, industry engagement, and strategic facilitation, Film Santa Monica would highlight the city’s diverse locations and provide proactive support to production teams by offering scouting assistance and coordinating with local businesses and stakeholders to minimize disruptions.

Economic Development
Film Santa Monica would work to promote Santa Monica globally with a focus on balancing local business interests and resident concerns, while maximizing economic benefits. Through Santa Monica Travel & Tourism, Film Santa Monica has been marketing Santa Monica as the premier beach destination for over 43 years and can promote Santa Monica as a desirable place to film and photograph in California. They aim to attract more film, television, and other productions to the area with dynamic pricing, seasonal strategies, and neighborhood guidelines.

Location Manager Outreach Services
Film Santa Monica would also offer a concierge approach for film crews by bringing hospitality and industry relationships to the forefront. With Santa Monica Travel & Tourism, the organization has a proven track record of coordinating special production services, including catering, hair and makeup services, wardrobe, and more. They also have vast experience in hosting numerous Familiarization (FAM) Tours to buyers from around the world. Since 2023, the group has hosted 98 FAM tours with 28 in 2025 thus far.

Compliance and Conduct
Film Santa Monica would confirm compliance of film permit requirements, including prioritizing safety and respect for local businesses and residents, as well providing onsite monitoring services on a regular basis during production.

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Based on these considerations, staff believe that the City’s best interests are served by selecting Film Santa Monica as the film permit contractor.

Next Steps
Once the agreement has been executed, Film Santa Monica would launch FilmSantaMonica.com as a one-stop resource for filmmakers. The website would showcase incentives and production resources, local vendors and crew directories, success stories of past productions, familiarization tours, as well as permit applications and guidelines. The Film Santa Monica team would also host stakeholder briefings with City departments, businesses leaders, and community partners.

Film Santa Monica also plans to engage in direct outreach with content creators, commercial agencies, and independent filmmakers who can benefit from Santa Monica’s unique offerings. Film Santa Monica plans to launch with updated photography and videography of all filming locations, destination images, and how-to guides. By maximizing the number of permits issued, they would generate increased permit revenue while reinforcing Santa Monica’s brand as a premier creative destination.

Increased film production could translate to greater revenue for local businesses as well, including hotels, restaurants, and other service providers.

Environmental Review
Awarding the RFP and authorizing the City Manager to negotiate and execute an agreement with Film Santa Monica in accordance with the formal procedures of the SMMC is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Awarding the RFP and authorizing the City Manager to negotiate and execute an agreement with Film Santa Monica is administrative in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Film Santa Monica would charge its own processing fees directly to the applicant, resulting in no cost to the City. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Melissa Spagnuolo, Community Partnerships Manager Approved Forwarded to Council
Attachments:

A. Film Santa Monica Levine Act Disclosure
B. Film Santa Monica Oaks Initiative Disclosure

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Packet Pg. 273
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

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

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

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

4.F.a
Packet Pg. 274 Attachment: Film Santa Monica Levine Act Disclosure (7149 : Film Permit Contractor RFP Award) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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

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

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

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

F CALIFORNIA TH
_______________ 02/28/2025
Misti Kerns President/CEO
Film Santa Monica

4.F.a
Packet Pg. 275 Attachment: Film Santa Monica Levine Act Disclosure (7149 : Film Permit Contractor RFP Award)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ y ____________
______________
Misti Kerns President/CEO
02/28/25
[email protected] 310-319-6263
Film Santa Monica, Inc.

Misti Kerns, President/CEO
There are none.

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Report
City Council Meeting: July 29, 2025
Agenda Item: 4.G
1 of 4
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Approval of Third Modification of Agreement with Zones for 24x7x365 Service Desk Support
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a third modification to agreement #10887 in the amount of $226,936 with Zones, LLC (Zones) for 24x7x365 Service Desk support for the Information Services Department (ISD).

This will result in a 7-year amended agreement with a new total amount not to exceed $2,215,668, with future year funding contingent on Council budget approval;

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

Summary
The City of Santa Monica contracts with Zones to provide 24x7x365 service desk support, after-hours technical support, and around the clock monitoring of City computer systems. The current agreement expires on August 31, 2025, and staff seeks to modify the current agreement on a month-to-month basis to continue IT support services while staff conduct a formal procurement process for these services in FY 2025/2026.

Discussion
Santa Monica operates over 300 software systems and supports over 2,200 computer users. As a full service City, many critical city functions, such as Police, Fire, Water and Transportation, happen outside of normal business hours and require immediate support. After evaluating different models, staff determined it was most cost effective to

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contract with a third party to provide IT support desk services, including after-hours support, and monitoring. The City support service staff focus their efforts on hardware repairs, more complex technical issues, asset management of computer systems, and the replacement of laptops and computers.

The City intends to follow a competitive process of soliciting proposals in the Fall of 2025 to establish a new agreement for 24x7x365 Service Desk support. Until a new contract is in place, staff recommends that Council extend the existing agreement with Zones on a month-to-month basis to avoid interruption in critical 24x7x365 Support Desk, not to extend beyond August 31, 2026. Zones provides its services at a cost of $20,159 per month plus a 10% contingency, a rate which will remain in place through the term of the contract. The City will terminate its current contract with Zones when a new agreement is in place.

Past Council Actions
Meeting Description
07/23/2019
(Attachment A)
Award Request for Proposal (RFP) for Network Operations Center Services
Contract #10887 (CCS), was executed on September 16, 2019 for an amount not to exceed $2,169,786. On February 8, 2023, in response to the City’s evolving Support Desk needs, that agreement was modified by the City and Zones to extend the Managed Services Service Desk Support model from After-Hours (8:30 PM Eastern – 10:30 AM Eastern, Monday – Friday), Weekends and Holiday support to 24x7x365 support. In addition to extending the Service Desk scope to 24x7x365, the City asked Zones to remove the NOC scope, which had become duplicative, and both parties agreed to subsequently decrease the overall agreement amount to reflect the change in services to a reduced amount not to exceed $1,988,732.

On August 20, 2024, the City and Zones agreed to modify Contract #10887 a second time to extend the term one additional year, until August 31, 2025, with no change to the existing not to exceed amount of $1,988,732, to allow the City to complete a formal

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procurement process for a new agreement without an interruption in critical services.

After careful evaluation of the City’s current Managed Services Service Desk Support model, Information Services Department staff determined that the planned request for proposals required significant revision in order to successfully procure a 24x7x365 Managed Services Service Desk remote delivery solution that reflects the City’s current support desk needs, integrates with the City’s current systems and platforms, and aligns with the most up-to-date cybersecurity and industry best practices and standards. This evaluation, analysis and major revision required additional time that has pushed the formal procurement process into FY 2025/2026.

Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification would not result in any adverse physical environmental effects as it encompasses remote services. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to increase the total contract amount for Contract #10877 (CCS) with Zones for 24x7x365 Service Desk support on a month-to-month basis. The cost is allocated to various funds based on the historical percentage of service desk usage. Future year funding is contingent on Council budget approval.

Contract Modification Request
Agreement # Current
Authorized
Amount
FY 2025-26 Modified
Request Amount
Account
Number
Total Revised
Contract Amount
10877 $1,988,732 $226,936 Various $2,215,668

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Prepared By: Carolyn Connolly, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Staff Report - NOC Services - 07.23.2019
B. Original - Professional Services Agreement No. 10887 (CCS) 09.16.2019 C. First Modification - Executed Zones_NOC_Mod_1 02.08.2023 D. Executed Zones_Second_Modification_10887 08.20.2024
E. FY24-25 OAKS INITIATIVE FORM - Zones Signed 07.30.2024 F. Levine Act Disclosure Form 2.6.24 - signed 07.30.2024

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City Council
Report
City Council Meeting: July 23, 2019
Agenda Item: 3.H
1 of 5
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department, Customer Experience and Support
Subject: Award Request for Proposal (RFP) for Network Operations Center Services Recommended Action
Staff recommends that the City Council:

1. Award RFP#196 to Zones, LLC, a Washington-based company, for Network Operations Center (NOC) and afterhours Service Desk services for the Information Services Department;

2. Authorize the City Manager to negotiate and execute an agreement with Zones, LLC, in an amount not to exceed $2,387,000 (including one-time setup costs, 2% annual cost increases and a 10% contingency of $217,000) for five years, on the same terms and conditions, with future year funding contingent on Council budget approval.

Summary
To better secure and support critical municipal systems, such as those for safety, transportation, traffic, utilities, and others, Information Services Department (ISD) staff recommend establishing a Network Operations Center (NOC) to provide around-theclock monitoring and technical support. ISD provides centralized support services for all automated information and communication systems for the City. Many City functions that serve the public operate on a 24x7 basis, such as Police, Fire, Water, Transportation, and Public Works.  Staff seeks approval to enter into a services contract with Zones, LCC to establish the NOC and provide around-the-clock system monitoring and support.

Discussion
For critical systems that must be available 24/7 technology support primarily relies on the knowledge and availability of a single subject matter expert. To mitigate risk exposure and reduce reliance on singular individuals, the City must setup a more

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sustainable support structure to ensure operational continuity. This is especially important for effective response to cyber-security incidents. To establish that support structure, ISD recommends the implementation of a Network Operation Center (NOC) function through an established service provider. The NOC will proactively monitor, identify, and respond to technology issues 24x7. This proactive oversight of critical services will enhance security, support, and free-up internal technical resources to focus on maintaining systems and addressing issues before they cause interruptions to City services. Additionally, this same contract will include services for the vendor to provide call center and end user support for City staff in departments that work outside of standard City Hall operating hours, such as Fire, Police, Public Works, and Big Blue Bus; there are currently no such after-hours Service Center services available to staff working outside the City’s regular business hours.

Using an external service provider is a cost effective approach for mitigating risks associated with single subject matter expert resources. Additionally, industry specialized NOC services utilize technical expertise and technologies not available with current City staffing and technology investment levels. The implementation of this service reduces the risk of interruption of critical City services that are provided to the public 24x7. An established NOC vendor provides flexibility in staffing based on fluctuating technology needs of the City. By leveraging its workforce and technologies across multiple clients, such vendors are able to ramp up or down resources as needed to address City technology support needs as they arise.

Method of Service
On January 13, 2015 (Attachment A), Council adopted a Policy for Hiring Contracted or As-needed Staff for Non-professional Services. This policy includes criteria under which contracting for a public service is appropriate. Staff has reviewed the service needs, and recommends providing NOC and after-hours Service Desk services through a contractor due to the following criteria:

Evaluation Criteria Staff Assessment
Risk Service entails risk that significantly increases the City’s

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potential liability
Specialized/Technical expertise Service requires technical or special expertise that City staff could not or does not provide, and is outside of core service mission of the department; and,
Workforce Flexibility: Service is seasonal or unpredictable, but requires multiple staff if service is needed. Service continuity relies on large employee pool with numerous and immediately available
backup options. The use of contract services provides the City with an opportunity to redefine or adjust service levels.

Vendor selection
Staff solicited an RFP for NOC and after-hours ServiceDesk (call center) services from multiple established vendors. The services include 24x7 monitoring and proactive response for key application systems and underlying infrastructure; reactive on-call support for key application systems; and after-hours call center services. Staff evaluated all proposals submitted and identified the bidder that can deliver services to the City efficiently and cost effectively, while providing an excellent customer experience to all City staff.

RFP Data
RFP Posting
Date RFP Posted On
RFP Advertised In
(City Charter &
Municipal Code)
# of Vendors
Downloaded
# of Submittals
Received
Date Publicly
Opened
9/24/18 City's Online
Bidding Site
Santa Monica Daily
Press 61 5 10/29/18
RFPs Received Selection Criteria
Zones, LLC InterVision
Systems, LLC Municipal Code SMMC 2.24.190
Smart IMS, Inc. Dell Marketing,
L.P.

Evaluation Criteria Cost of services, experience and technical competence, value added-breadth of service, and stability and
Insight Public references.

Sector, Inc.

Justification to Award
Responses to the RFP were reviewed by a selection panel of staff from the Information Services Department. Staff then shortlisted and interviewed three firms.  Based on the evaluation criteria listed above and criteria in SMMC 2.24.190, staff recommends Zones, LLC, as the best qualified firm for Network Operations Center and afterhours Service Desk services.  Zones was the lowest bidder and their proposal provides the greatest value for the cost; they provide 24/7/365 Microsoft Office 365 Concierge

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support services for Microsoft direct customers and this service will be extended to the City at no additional cost; they are experienced in the area of Network Operations Center services and have mature service delivery processes for end user computing, service desk, and operational monitoring and response; they will leverage the City’s current technology investments for service delivery (ServiceNow) and operational monitoring and control infrastructure; and their proposed solution best aligns with the City’s IT needs in terms of delivering an ITIL structured solution for the City to seamlessly transition to a 24x7 Network Operations Center services model.

Additionally, Zones, LLC has extensive experience managing similar engagements for other agencies, including Warner Media Group, Scotia-Glenville Central School District, and Microsoft.  Zones received praise from their references for their exceptional customer service, focus on customer satisfaction, and their commitment to recommend and implement best practices to improve service delivery availability and reliability for their customers.

Financial Impacts and Budget Actions
Staff seeks authority to award an agreement with Zones, LLC for NOC and after-hours Service Desk services.

Agreement Request
Request Amount
FY 2019-20 Budget
Department Account #
Total Contract
Amount
$41,010 C7100030.689000
$284,657 01140001.550010
$60,718 60600002.552010
$5,020 11400001.552010
$384 53160001.552010
$14,004 57500001.552010
$17,937 54500002.552010
$10,120 50500001.552010
$10,120 51500001.552010
$3,006 75300001.552010
$613 70500001.552010
$2,490 59500001.552010
Total  $2,387,000

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Future year funding is contingent on Council budget approval.

Prepared By: Sandye Amshen, Customer Experience and Support Manager Approved Forwarded to Council
Attachments:

A. Oaks - Zones

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Contract No. 10887 (CCS)

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”) and Zones, LLC (“Zones”), is made with reference to the following:

RECITALS:

B. Zones is qualified to do business, and is doing business, in the State of California.

Zones represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. The City and Zones now desire to enter into an agreement for Zones to provide professional services to the City.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on August 31, 2024, unless sooner terminated in accordance with Section 14.

2. Zones Services. Zones will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Zones will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

3.1 Make available to Zones any currently existing documents, data or information required for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

3.3 Promptly examine and render findings on all documents submitted for staff review by Zones.

4. Compensation. The City will compensate Zones for the Services performed in an amount not to exceed $2,169,786, as set forth in Exhibit B.

5. Invoices.

5.1 Zones will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A 9/16/2019

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5.3 Taxes. To the extent applicable, the City agrees to pay all taxes, except for taxes on Zone’s income, assets or net worth, that may become due in connection with the services unless the City provides to Zones a tax exemption certificate.

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally with confirmation of receipt or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

Information Services Department
City of Santa Monica
1685 Main Street, Room 105
Santa Monica, California 90401
Attention: Joseph Cevetello, Chief Information Officer
Re: Contract No. 10887 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10887 (CCS)

6.2 All notices, demands, requests or approvals to Zones:

Zones, LLC
1102 15th Street SW, Suite 102
Auburn, WA 98001-6509
Attention: Legal Department
email: [email protected]
Re: Contract No. 10887 (CCS)

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of Zones or any of Zones’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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9. Insurance. Prior to commencing work, Zones must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Zones or Zones’s agents, representatives, employees or subconsultants for the duration of this Agreement. Zones must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Indemnification. As to Zones’s Services produced under this Agreement, Zones agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, asserted by a third party against the City (each “a Claim”), including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the wrongful acts, errors and/or omissions of Zones, or Zones’s employees, agents, officers, and subconsultants during performance hereunder. Zones’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Zones’s obligation to defend City hereunder, City has the right to conduct its own defense at its own cost, if City chooses to do so. The obligation of Zones under this Section is contingent upon the City providing Zones with: (i) sole authority in any defense or settlement of the Claim; (ii) all reasonable assistance, at Zones’s expense, in any such defense; and (iii) prompt written notice of and description of such Claim; provided, however, that the City's failure to provide prompt notice will relieve Zones of Zones’s obligations only if and to the extent that Zones is materially prejudiced by such delay. In no event shall the City settle any Claim that involves a remedy other than the payment of money without the prior consent of Zones.

10.2 Enforcement Costs. Zones agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section

10.1. 11. Prohibition Against Transfers.

11.1 Zones may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Zones or of any general partner or joint venturer or syndicate member of Zones, if a partnership or joint venture or syndicate exists, DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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which results in changing the control of Zones, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

12. Permits and Licenses. Zones, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If either party fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of thirty days after t written notice of default specifying the nature of the default, the other party may immediately terminate this Agreement.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Zones. Upon termination of this Agreement, City will pay Zones any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. Zones must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.

16. Discrimination. Zones may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

17. Nuisance. Zones may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18. Records.

18.1 Zones must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. Zones must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

18.2 Zones must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Zones must clearly identify all records and make them readily accessible to the City. At the City’s request, Zones must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records pursuant to section 18.3.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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18.3 During the term of this Agreement, upon thirty (30) days’ notice and no more than once per calendar year, Zones must allow the City to have access to Zones’s books and records and to inspect all work, data, documents, proceedings and activities related to the services performed under this Agreement. The City has the right to examine or audit Zones’s records in compliance herewith, and Zones agrees to cooperate with the examination or audit of its records which must occur during normal business hours. If a City audit discloses an error of 5% or more in information reported by Zones, Zones agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

19. Work Product; Reports.

19.1 As between the parties, Zones owns all rights, including without limitation all associated intellectual property rights, in the “Work Product” (meaning, except for Custom Deliverables, all deliverables, documents or other tangible items, including any inventions, innovations, improvements, other works of authorship, and other derivative works that arise therefrom and intellectual property therein or related thereto, conceived, developed or provided by Seller in the course or as a result of performing the Services, including from time to time third party intellectual property, regardless of whether they are eligible for patent, copyright, trademark, trade secret, or other legal protection). Nothing in this Agreement is intended to grant or transfer any ownership interest in the Work Product. The City obtains under this Agreement, upon payment in full, a non-exclusive, non-transferable, perpetual, royalty-free, license to use the Work Product for the City’s internal purposes only. Any work product prepared or caused to be prepared by Zones or any subconsultant for this Agreement uniquely for the City and expressly identified herein as a “Custom Deliverable” will be the exclusive property of City. Custom Deliverables may not be made available to any individual or organization by Zones without prior written approval by City.

19.2 At the City’s request, Zones must furnish reports concerning the status of the Services.

20. Standard of Care. Zones agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Zones’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants. With the City’s written consent, Zones may subcontract any of its rights or obligations hereunder, provided that notwithstanding such subcontracting, Zones shall remain fully obligated and responsible both for its and its subcontractors’ performance hereunder.

22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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23. Venue and Jurisdiction. The City and Zones agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

25. Financial Status. If at any time during the term of this Agreement there is a detrimental material change in the City’s financial status, as determined in Zones’ sole discretion, Zones has the right to modify the timing for payment under the Section 5 herein. In the event the City does not remit payment in accordance with the terms of this Agreement or such modified payment timing, Zones has the right immediately: (a) to stop all provision of the Services; and/or (b) to terminate this Agreement. If the City becomes a debtor and/or a debtor in possession, whether voluntary or involuntary, in a bankruptcy proceeding under Title 11 of the United States Code, as amended from time to time (the “Bankruptcy Code”), the City shall make its best efforts to obtain court approval for Zones to be deemed a “critical vendor”, as such term is defined in the Bankruptcy Code, under which the debtor seeks authority to make payment of all or a significant portion of certain vendors’ unpaid pre-petition claims. Zones and the City agree that Zones is a critical vendor to the City, that the City shall include Zones on the list of critical vendors to be paid pursuant to such approved critical vendor program, and that Zones shall receive treatment under such program as favorable as any other critical vendor.

26. Services Warranty. Zones warrants that the Services will be performed and Work Product will be prepared by qualified Personnel in a professional and workmanlike manner consistent with good practices in the information technology services industry.

The City’s sole and exclusive remedy with respect to this warranty is for Zones, at Zones’s sole option, either: (a) as applicable, to perform again any substantially failed Service or prepare again any substantially failed Work Product; or (b) to refund the amount paid, as applicable, for any substantially failed Service or any substantially failed Work Product; provided that the City informs Zones in writing of any such substantial failure within five (5) business days after performance of such Service or delivery of such Work Product, and provided that the warranty with respect to any Work Product is voided if: (i) such Work Product is used in conjunction with any hardware configuration, operating environment or computer program other than one expressly specified in the applicable SOW; (ii) any portion of the Work Product is modified by anyone other than Zones or a party acting under Zones’ direction; or (iii) the failure of the Work Product is due to any bugs, defects, problems or failures of hardware caused by the negligence or user error of the City or any third party.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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27. Responsibility for Data. ZONES SHALL HAVE NO RESPONSIBILITY FOR MAINTAINING THE CITY’S DATA, AND THE CITY ACKNOWLEDGES AND AGREES

THAT AT ALL TIMES DURING PERFORMANCE HEREUNDER THE CITY IS AND

SHALL REMAIN SOLELY RESPONSIBLE FOR RISK TO ITS DATA ARISING FROM,

AND FOR DAILY BACK-UP AND PROTECTION OF ITS DATA, SOFTWARE AND IMAGES AGAINST, LOSS, DAMAGE, CORRUPTION OR DESTRUCTION.

28. Confidentiality

28.1. Confidential Information. “Confidential Information” means information that is owned or possessed by a party, its affiliates or their Personal (defined as owners, directors, officers, employees, agents or contractors) that either is marked as “confidential” or “proprietary” or otherwise due to its nature reasonably would be deemed to be confidential, and that is disclosed or accessed pursuant to this Agreement.

28.2 Purpose of Disclosure. Each party (“Discloser”) may disclose certain of its Confidential Information to the other Party (“Receiver”), and Receiver agrees that it will only use Discloser’s Confidential Information for the purposes contemplated hereunder.

28.3 Receiver Disclosures Permitted. Each party, as Receiver, further agrees that it will only disclose Discloser’s Confidential Information to Receiver’s Personnel or financial, legal or business advisors who are themselves bound to obligations of confidentiality substantially consistent with those specified herein; provided that if Receiver is compelled to disclose Discloser’s Confidential Information by law, rule, regulation or judicial, regulatory or other governmental authority, Receiver will provide Discloser with prompt Notice of any such compulsion, will provide the maximum allowable opportunity for Discloser to seek a protective order or measure to bar such disclosure, will disclose only the Confidential Information that is required to be disclosed, and will make reasonable efforts to ensure that such disclosed.

28.4 Period of Confidentiality. Each party, as Receiver, agrees: (i) that, for a period of three (3) years from the date of any disclosure of Discloser’s Confidential Information, it will maintain the confidentiality of such Confidential Information in a manner that is at least as protective as Receiver maintains its own confidential information, and that in no event will be inconsistent with a standard of reasonable care; and (ii) that, upon Discloser’s request, it will return or destroy any extant Confidential Information disclosed by Discloser.

28.5 Injunctive Relief. In the event of Receiver’s breach of this Agreement, Discloser may suffer irreparable harm and have no adequate remedy at law. In such event, or when encountering risk of such event, Discloser shall be entitled, in addition to any and all other remedies, to injunctive relief, to specific performance, and to other equitable remedies without the need to prove monetary damages or the inadequacy of other remedies.

29. Disclaimed Warranties. EXCEPT AS SET FORTH HEREIN, AND SUBJECT TO

APPLICABLE LAW, ZONES MAKES NO OTHER AND EXPRESSLY DISCLAIMS ALL

OTHER CONDITIONS, COVENANTS, REPRESENTATIONS AND WARRANTIES OF

EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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LIMITATION ANY WARRANTIES OR REPRESENTATIONS RELATED TO

ACCURACY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE,

MERCHANTABILITY OR NON-INFRINGEMENT, ARISING BY LAW, BY REASON OF CUSTOM, FROM USAGE IN THE TRADE, OR FROM COURSE OF PRIOR DEALING.

THE CITY ACKNOWLEDGES AND AGREES THAT ANY INFORMATION OR ADVICE

GIVEN BY ZONES OR PERSONNEL SHALL NOT BE DEEMED TO CREATE OR IN

ANY WAY INCREASE THE SCOPE OF THE WARRANTIES SET FORTH HEREIN AND THAT THE CITY SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

30. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING

THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN,

WILL ZONES, ITS AFFILIATES, OR ANY OF THEIR PERSONNEL EVER BE LIABLE

FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE OR

SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS,

MARKET, PROFITS, REVENUES, SAVINGS OR GOODWILL) EVEN IF ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE OTHERWISE FORESEEABLE AND REGARDLESS OF THE THEORY OF LIABILITY.

THE MAXIMUM LIABILITY OF ZONES, ITS AFFILIATES AND ANY OF THEIR

PERSONNEL HEREUNDER, ARISING FROM ANY THEORY OF LIABILITY, WILL BE

THE TOTAL AMOUNT PAID TO ZONES FOR THE SPECIFIC SALES OFFERING GIVING RISE TO THE CLAIM.

31. Attorney Fees and Expenses. Except as otherwise provided herein, in any claim or dispute under this Agreement, the prevailing party will be entitled to an award by the arbitrators or the court, as applicable, of reasonable attorneys’ fees and related out of pocket costs and disbursements.

32. Force Majeure. A party shall not be held liable, and shall not be deemed to have breached its obligations under this Agreement by reason of any delay or failure in performance caused in whole or in part by any circumstances beyond its reasonable control, including, without limitation, the following: accidents, fires, floods, severe weather, or other acts of God or nature; sabotage, riot, insurrection, war or other acts or threatened acts of violence or terrorism; embargoes, quarantine restrictions, changing laws or regulations or other government actions or requirements; carrier, labor or supplier interruptions or stoppages, or other third party delays; equipment or network outages or failures (“Force Majeure Event”). In the event of a party’s delay or failure in performance due to a Force Majeure Event, such party agrees to make commercially reasonable efforts to minimize the hindering effect of such Force Majeure Event and resume performance with commercially reasonable dispatch.

33. Severability. If any provision of this Agreement or the application thereof is found to be invalid, illegal or unenforceable, such finding shall not have any effect on any other provision of this Agreement, it being the intent and agreement of the parties hereto that in the event of such finding, this Agreement shall be deemed amended either by modification of such provision to the extent necessary to render such provision valid, DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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legal and enforceable, while preserving its intent, or, if such modification is not possible, by substitution of such provision with another provision that is valid, legal and enforceable and that achieves the same objective.

34. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
Zones Corporation
#VENDOR
By:
________________________________
DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A 9/5/2019
Lane Dilg
City Attorney
9/9/2019
VP, Business and Legal Affairs
Jon Bailey
Zones, LLC
9/16/2019
Rick Cole
9/16/2019 City Manager
Denise Anderson-Warren
City Clerk

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Scope of Services

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Statement of Work
VERSION 1.0
Managed Services Project
For

CITY OF SANTA MONICA
Performed By

ZONES, LLC
1102 15th Street SW, Suite 102, Auburn, WA 98001-6509

ACCOUNT MANAGEMENT
Imran Yunus
[email protected]
253-545-7015
Copyright © 2019 by Zones, LLC. The following Statement of Work: contains the proprietary and confidential information of Zones, LLC; is protected by state and federal copyright, trade secret, and other laws; and is disclosed solely to the authorized recipient for evaluation purposes only. Its receipt or possession does not convey, and Zones, LLC, expressly withholds, any rights to disclose reproduce or utilize its content in any manner, except as otherwise agreed in writing by Zones, LLC.

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ZON -8/14/19-OPP00204790-CSM-001 Solution Architect(s): Young Brown © 2019 Zones, LLC, Proprietary and Confidential. Template v.121418 Document Drafted by: Andrew Wales Page ii
Table of Contents

1. SERVICE DESCRIPTION..................................................................................................1

1.1. SCOPE ...........................................................................................................1

1.2. OVERVIEW......................................................................................................1

1.2.1. Start Up Stage..........................................................................................3

1.2.2. Consulting and Professional Services Stage...................................................6

1.2.3. Network Operations Center........................................................................7

1.2.4. Service Desk.............................................................................................8

1.2.5. Project Management.................................................................................9

1.3. OUT OF SCOPE.................................................................................................9

1.4. CUSTOMER RESPONSIBILITIES............................................................................. 10

1.5. PROJECT ASSUMPTIONS.................................................................................... 11

1.6. ITEM(S) PROVIDED.......................................................................................... 12

1.7. PROJECT SITES ............................................................................................... 13

1.8. SERVICES FEES AND EXPENSES ............................................................................ 13

1.8.1. Services Fees.......................................................................................... 13

1.8.2. Expenses............................................................................................... 13

1.9. PROJECT SCHEDULE......................................................................................... 13

1.10. CONTACTS .................................................................................................... 14

1.11. COMPLETION CRITERIA..................................................................................... 14

1.12. ADDITIONAL PROJECT TERMS............................................................................. 14

2. GENERAL TERMS AND CONDITIONS............................................................................. 15

2.1. PAYMENT..................................................................................................... 15

2.2. CHANGE MANAGEMENT................................................................................... 15

2.3. MISCELLANEOUS ............................................................................................ 15

2.4. AUTHORIZED SIGNATURES................................................................................. 15 EXHIBIT A – PROJECT COMPLETION FORM....................................................................... 16 EXHIBIT B – CHANGE ORDER FORM................................................................................. 17 EXHIBIT C – SERVICE LEVEL OBJECTIVES........................................................................... 19 EXHIBIT D – SERVICE DESK LEVEL CAPABILITIES AND SERVICES PERFORMED........................ 25 EXHIBIT E – EXAMPLE ESCALATIONS TO CUSTOMER.......................................................... 26 EXHIBIT F – DESCRIPTION OF CUSTOMER’S ENVIRONMENT ............................................... 27 DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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STATEMENT OF WORK
This statement of work (“Statement of Work” or “SOW”) by and between Zones LLC (“Seller” or “we”) and City of Santa Monica (“Customer” or “you”) is effective August 14, 2019 (“SOW Effective Date”) and specifies the Services to be performed hereunder by Seller on behalf of Customer. Seller and Customer are deemed to be each a “Party” and collectively the “Parties” hereof.

1. SERVICE DESCRIPTION

1.1. SCOPE
The scope of the SOW will specify the Services tasks (described below) to be performed by Seller personnel (the “Project Team”) in coordination with Customer personnel engaged with the Project Team (“Customer Personnel”).

1.2. OVERVIEW
Customer has approached Seller to provide monitoring, engineering and management services at Customer Project Site. (“Services”)
• 24/7 Network Operations Center. (“NOC”)
o Seller will provide monitoring and first level response for key infrastructure and critical business applications by leveraging Customer approved monitoring solutions. o Seller will follow ITIL best practices for improving availability and reliability of services. Monitoring of infrastructure components and systems will be conducted to enable the delivery of business facing and core services based on Service Level requirements for critical business and technology services. o Seller’s NOC agents will perform initial triage of alerts and troubleshoot or acknowledge as necessary. o Seller’s NOC agents will notify Customer’s staff as necessary for service impacting events or events that required Customer’s remediation.
o Seller’s NOC agents will escalate to Customer’s Service Desk agents during Customer’s normal business hours while providing level One support only, after hours and weekends. Please see after hours Service Desk.
o Seller will provide monitoring and management of critical events for critical network, systems, and storage, including but not limited to routing, switching, security, voice, video, remote access while supporting network protocols required to transport data across the Customer’s infrastructure. o Seller will monitor the underlying infrastructure to support critical business and technology services to support required service levels.
• After hours Service Desk.
o Seller will provide Level One coverage to the Customer outside Customer’s normal business hours.

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o Seller’s level one agents will leverage the Customer’s ServiceNow ITSM platform of which Customer will provide at least twenty-one (21) ServiceNow licenses to enable full ITIL functionality. o Services will be provided offsite leveraging Seller’s facilities in Menands and Utica, New York. o Seller will receive incidents either by phone, email, or directly through the ITSM platform. o Seller will record essential information, then perform initial triage the issue. o Seller will ensure Customer is consistently notified of incident status and troubleshoot as necessary. o Seller’s Service Desk staff will ensure each incident is properly documented so that any of the Sellers available agents are able to work the incident and remain informed. o Seller’s Service Desk agents will coordinate with OEM or third-party providers as necessary for incidents related to hardware failure or service provider outages and inform Customer as necessary. o Seller’s Level one resource will troubleshoot the incident by leveraging incident notes provided and either resolve or escalate to Customer’s staff as necessary. o Should Level One resources not be capable of resolving an incident, the Level One resource will escalate the Customer’s resources as applicable.
• Engineering Services.
o In addition to services described in the Transitional Services section of this document, Seller will analyze data collected and recommend adjustments to the Customer’s environment or devices as necessary to maintain service levels.
o Seller will assist Customer withminor provisioning needs as necessary as a result of Service Requests. o As seller is not solely responsible for environment wide configuration and maintenance services, seller cannot guarantee service levels.
 However, Seller will work with Customer to make recommendations or provide information to aide in maintaining required service levels with the ultimate goal of improving overall performance and reducing incidents over time.
o Seller will integrate alerting into the ITSM platform based on event specifics and criticality of which Seller will work with Customer to classify.
o Alerts deemed as critical as agreed to by Seller and Customer will be forwarded to stakeholders based on requirements for quick resolution.
• Incident Management and Service Levels.
o Incidents will be classified based on a combination of Impact and Urgency which will determine the Priority. Based on the Priority,specific service level objectives are assigned for the initial response and resolution times.
o Seller will make a best effort attempt to maintain service levels that will commence after the transition is completed or ninety days after services commence, whichever comes later. o As these are Service Level Objectives, no financial penalty will be assigned for breaches. o Service Levels are described in Exhibit C.
• Resources.

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o Services are delivered through a shared resource model which leverages multiple individuals who perform services for multiple accounts or customers allowing Seller to gain efficiencies. No one individual is solely dedicated to the Customer.
• Re-baselining.
o Transitional services will be performed upon SOW execution and are anticipated to complete within ninety (90) days from execution of this document.
o A period of reporting in ServiceNow will be established starting from month three (3) following Startup and continue through month six (6).
o Seller will work with Customer to analyze data collected from ServiceNow to understand changes in requirements as originally outlined in this document versus actual represented by the collected data. o This information will used to make potential changes in scope and pricing of this document and the services delivered. By analyzing data starting from month three (3) Seller will be able to start identifying trends over the course of the next three months, post transition, where Seller anticipates all systems and equipment will be reporting consistently and accurately. o The majority of erroneous or inconsequential alerting will significantly diminished to aid in optimizing services provided and limit actionable alerts.
o After the fifth (5th) month of service, Seller will work with Customer to initiate revisions to this document based on statistics collected from ServiceNow and analyzing current performance and resource availability.
o This document may be modified through month five (5) with the intent of completion and acceptance on month six (6). This modified document will replace the existing contract upon approval and acceptance.
o Should a modification of the document be required as agreed upon by the Customer and Seller, services/scope may be increased or decreased for optimal delivery based on:
 Gained efficiencies.
 Underestimated level of effort.
 Overestimated level of effort.
 Additional services required.
 Service Level requirement changes.
o Should services and scope directly align with the existing document, no changes will be required and this document remains in full effect.

1.2.1. START UP STAGE
During this stage, initial members of the Project Team will meet with Customer Personnel to detail all processes, procedures, escalation, and communication plans applicable to the Services in document form (the “Runbook”).

The Runbook is developed and refined during the Startup Phase and updated throughout the project duration, The Runbook will serve as the basis for steady state operations. Once completed, the Runbook will be shared with the Customer. In comparison to the Runbook, the knowledge Base in ServiceNow will be used to house all technical/operational information.

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Start Up will consist transitional services as set forth below:

The following Project Team members will be primary involved in the Services performed during the Start Up Stage:

Title Role and Responsibility
Project Manager
Will become familiar with Customer Personnel, will learn current state, and will be immersed in project performance, establishing project plans and creating the following reporting templates:

Communication Log Project Schedule Daily Report Template Items Provided Log Lessons Learned Doc Weekly Report Template RAID Log (Risks, Actions, Issues, Decisions) Pilot/Startup Phase Sign-off Engineering
The engineering teamwill work to investigate the current environment, existing infrastructure, services, and tools which will be leveraged to provide services.

The engineering group will work closely with the Customer to gather critical information, understand requirements and perform services required to deliver functionality effectively and efficiently. Integration services will be completed to ensure consistent performance throughout the project duration.

Service Desk/NOC
Resources will work with the Customer’s point of contact to collect critical details to include but are not limited to existing knowledge, contact information, procedural requirements, other information required to effectively carry out services specified in this document.

1.2.1.1. Transitional Services
• Seller will evaluate the Customer’s existing environment to understand the current device and tooling configurations and document data discovered.
• Data will be reviewed and compared with tooling capabilities to understand how to best optimize alerting.

Seller will work with Customer to identify devices missing from the monitoring solution. • After review and consideration of data collected, Seller will collaborate with Customer to incorporate devices into the monitoring solution and present a plan for optimal management and monitoring of the devices.
• The list of devices must be enterprise class and both Customer and Seller will agree that devices are necessary to monitor to achieve Customer’s goal.
• Once the proposed plan is approved, Customer’s existing monitoring tools will be configured, if applicable, to agreed thresholds based on business requirements and industry best practices. • Notification groups will be configured by the Customer in ServiceNow to ensure that both Seller and Customer’s stakeholders are informed.
• Seller will work with Customer to review device configurations and propose standard templates to ensure device reporting, access, logging, and timestamps are consistent across the Customer’s environment.

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• Seller will work with customer to review existing processes, rules of engagement, critical points of contacts, escalation requirements, and communication methods.
• This information will be documented into a project Runbook where a communication plan will be established, escalation guidelines will be clearly documented, and processes will be developed to govern the operation of this project.
• Seller will work with Customer to discuss reporting requirements and workflows to ensure Customer’s ITSM platform, ServiceNow is consistent with discussed process and can accurately report on Service Levels defined.
• Seller will assist Customer with aligning Service Desk communications for a consistent and simple access method for the Customer’s end users.

1.2.1.2. Documentation
The Project Team will generate the Runbook, which will include the following:
• Project Overview—summarizing the purpose and scope of the project. • Communication Plan—describing Project Team members, escalation points, and specific information requirements, including reports.
• Seller Roles and Responsibilities Outline—illustrating the reporting hierarchy of Project Team member roles and noting generally their duties.
• Project Management Description—listing tasks to be completed and Items Provided by the Project Manager including:
o Technician onboarding, training, and scheduling.
o Reports and other Items Provided, with frequency and distribution methods. o Project planning.
o Risk Management.

1.2.1.3. Review and Adjustment
Customer Personnel and Project Team jointly will review and verify the accuracy and completeness of the Runbook.

1.2.1.4. Service Level Readiness
To ensure Seller is prepared to implement Service Levels, Seller will:
• Collaborate with Customer to understand current Service Level Achievement through ServiceNow reporting.
• Provide Customer with a current list of devices being monitored for acceptance. • Validate that any breaches to Service Levels are not the result of Seller’s personnel.

The Project Manager will receive written approval from the Customer Contact upon successful completion of the Startup Phase, acknowledging accuracy and completeness of all documentation, process and deliverables, prior to commencement of steady state operations.

1.2.1.5. Lessons Learned Phase
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• The Lessons Learned Phase will follow completion of the Installation Pilot Phase and precede steady state operations.
• During this phase, Seller will compile and share a list of lessons learned, outlining recommended improvements to Customer’s processes.
• Customer Personnel and the Project Team together will review the lessons learned list to update project assumptions, other Items Provided, and Services Fees, as applicable. • Seller will obtain sign off from Customer to progress from the Start Up Stage to the Operation stage where Service Level Objectives will be in full effect.

1.2.2. CONSULTING AND PROFESSIONAL SERVICES STAGE
During this stage, the Project Team will:
• Perform Startup tasks identified below:
o Attend meeting with Customer representatives to identify all implementation and design considerations.
o Evaluate the Customer’s existing environment to understand the current device and tooling configurations and document data discovered.
o Reviewdata collected and compare with tooling capabilities to optimize alerting. o Work with Customer to identify devices missing from the monitoring solution. o Collaborate with Customer to incorporate devices currently absentthat Customer wishes to be incorporated into the monitoring solution. Devices must be Enterprise class devices that support standard management features. Devices will be necessary to support the Customer’s objectives. A plan will then be presented to Customerfor optimal management and monitoring of the devices. o Follow established Customer change control processes and procedures based on ITIL best practices. o Optimize configuration of Customer’s existing monitoring tools. o Configure agreed upon thresholds based on business requirements and industry best practices. o Configure SolarWinds with notification groups, as applicable, to ensure that both Seller and Customer’s stakeholders are informed.
o Collaborate with Customer to define rules based on thresholds and criticalities. o Review device configurations and propose standard templates to ensure device reporting, access, logging, and timestamps are consistent across the Customer’s environment. o Analyze data collected and recommend adjustments to the Customer’s environment or devices as necessary to maintain service levels.
o Make necessary correctionsto Seller’s configuration management database. o Integrate alerting into ServiceNow based on event specifics and criticality of which Seller will work with Customer to classify.
o Configure SolarWinds to forward alerts deemed as critical in nature to stakeholders based on requirementsif applicable.
• Perform Operational tasks identified below:

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o Provide periodic escalation support for Service Desk to support protocols employed across the Customer’s underlying network infrastructure.
o Collaborate with Customer, OEM provider, or third-party service provider to resolve service outages. o Assist Customer with minor provisioning needs as necessary as a result of Service/Change Requests where the resulting changes can be completed within fifteen (15) minutes and can be conducted during the hours of 8:00am and 5:00pm EST not to exceed thirty (30) total requests per month. These services include but are not necessarily limited to the following:
 Enabling or configuring ports.
 Provisioning VLANs.
 Installing or removing firewall rules.
o Seller will either leverage existing configuration backup platform or install Rancid, automated backup software, on a Customer-provided server, the implementation of which is included at no additional charge.
o Seller will either leverage existing Syslog server or will install software on a Customer-provided server, the implementation of which is included at no additional charge. o Should additional software be required to provide accurate data trending and analysis, Seller will work with Customer to install an agreed Freeware application like Cacti on a Customer-provided server, the implementation of which is included at no additional charge. o Statistics will be captured which will then be used to re-baseline service. o Resolve up to eight (8) level 2-3 incidents per month that require advanced troubleshooting capabilities or are critical in nature.
o Up to forty-eight (48) hours per month will be provided for the following services:
 Monitor logs.
 Monitor Network statisticsand hardware.
 Monitor Service statistics and hardware.
 Perform data trending with predictive analysis.
 Assist with improving the Customer’s environment by performing the following activities:
 Analyze traffic patterns.
 Validate device configurations are optimal.
 Review existing hardware and make recommendations for optimization, replacement, or reduction.
 Participate in budgetary planning.
 Review logs and provide remediation recommendations.
 Consistently ensure devices are backed up.
o Monthly reporting up to two (2) hours per month.

1.2.3. NETWORK OPERATIONS CENTER
To perform first-level support, the Project Team will:

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• Provide monitoring services for the Customer’s environment 24/7. • Triage up to thirty-two (32) total actionable alerts logged in the ServiceNow platform per month. • Provide any required notification to Seller or Customer resources. • Isolate and escalate as necessary.
• Escalate incident as necessary to either Seller’s Level 2 resolver group or Customer’s resources depending on the project Runbook.
• Ensure incident is actively being worked.
• Close/Resolve incident if possible.
• Provide monitoring services to notify Customer in cases of business critical outages to support the Customer in meeting the Service Level Objectives.

1.2.4. SERVICE DESK
To perform Service Desk support, the Project Team will:
• Receive each request and open an incident.
• Provide Incident management services for anaverage count of four-hundred fifty (450) actionable incidents per month where averages are calculated on a quarterly basis. • Categorize the incident or request.
• Prioritize incident/request resolution.
• Perform initial incident investigation and basic diagnostics. • Troubleshoot.
• Determine whether a Customer resource should be dispatched. • Resolve incidents that can be resolved by first or second-level support and document resolution. • Escalate issues to Customer resources which cannot be resolved within agreed time period, or that require Customer onsite resources, or require advanced troubleshooting capabilities, or deep insight into the Customer’s environment, as defined by Runbooks (per section 1.2.1.1. Transitional Services) • Inform requestor about incident resolution progress.
• Resolve incident/request tickets while ensuring date and time of resolution is recorded. • Work with Customer to review existing processes, rules of engagement, critical points of contacts, escalation requirements, and communication methods.
• Work with Customer to discuss reporting requirements and workflows. • Assist Customer with aligning Service Desk communications for a consistent and simple access method for the Customer’s end users.
• Test communication paths and afterhours access.
• Provide Customer with ServiceNow reporting requirements. • Follow established Customer change control processes and procedures based on ITIL best practices. • Simple Services requests that are non-service impacting will be limited to an average of two-hundred fortytwo (242) per month with each no longer that twenty minutes in duration. Average will be calculated on a quarterly basis. A sample of service request types are provided below:

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o Management of Customer password reset and account expiration extensions based on authorized access.
o Pushing applications to user leveraging Customer provided tools. o Creating user accounts.
o Disabling user accounts.
o Unlocking accounts.
• Up to two (2) advanced Microsoft calls per week will be provided for up to one and one half (1.5) hour per incident. Additional calls will be priced as shown in the pricing table. • Monthly audit and correction to the Customer’s change management database where adjustments to the Configuration Items (“CIs”) will be corrected as incurred for up to four (4) hours per month. • Provide initial triage and troubleshooting services for business critical outages to support the Customer in meeting the Service Level Objectives.
• Provide Knowledge base updates and new articles up to eight (8) hours per month.

1.2.5. PROJECT MANAGEMENT
During this stage, the Project Team will:
• Serve as Seller Contact for the Services and liaison to Customer Personnel with supervision over Seller risk mitigation, scope changes, escalations, and any delay management. • Review the SOW, project goals and objectives, and the contractual responsibilities of both parties with the Customer Contact.
• Review any known areas of risk and define mitigation with Customer Contact. • Maintain project communications with Customer Contact. • Facilitate and plan all scheduling with Customer Contact. • Establish documentation and procedural standards for Items Provided. • Prepare a project plan to define project tasks, any milestones, and the project schedule. • Develop a reporting and meeting schedule (for proper communication and information sharing). • Issue daily or weekly activity reports.
• Conduct daily or weekly activity meetings (volume pending), daily or weekly activity report reviews, and weekly activity summary and executive report meetings to include billing summariesif requested. • Perform change and issue management.
• Obtain Customer’s written acceptance of any Items Provided. • Obtain Customer’s written acceptance for operational readiness.

1.3. OUT OF SCOPE
The following services and items are out of scope and are not included among the Services:
• Providing onsite services.
• Providing any licensing, software, or tooling.

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• Providing services outside the times specified in this document. • Providing any services or items other than what are specified hereinunless mutually agreed by both parties.

1.4. CUSTOMER RESPONSIBILITIES
Customer will provide the following, which are necessary to Seller’s performance hereunder:
• Customer will designate a person called the Project Manager who will be the focal point for all communications relative to this project and will have the authority to make binding decisions and act on behalf of Customerin matters regarding this project. Responsibilities of this resource will include:
o Serve as interface between Seller, all Customer departments and its vendors, subcontractors and/or third parties participating in the project with the exception of operational functions or states in the case of service providers or hardware vendors.
o Regarding subcontractors/vendors, Customer will be responsible to coordinate with these vendors to ensure they fully cooperate with Seller personnel to allow us to complete tasks in this SOW Scope. o Customer will provide a single point of contactfor Seller to assist with scheduling and implementation coordination for the duration of this project.
o Manage Customer personnel assigned to this project.
o Attend project related meetings.
o Obtain and provide information, data, documents, decisions and approvals within the timeframes agreed to by Customer and Seller.
o Help resolve project issues and appropriately escalate issues as needed within Customer or with subcontractors and/or vendors.
o Resolve deviations from the estimated schedule caused by Customer. o Schedule and secure attendance of all required personnel as needed for interviews, meetings, and work sessions.
• Work with Seller to provide Seller authorization to act on behalf of Customerfor all required providers. • Collaborate with Seller to provide the following:
o Site contact lists.
o Hours of operation by site.
o Third-party service providers and contact information to include any account or identifying information.
o OEM provider contract and contact information.
• Provide Seller with an Agreement or Purchase Order referencing this SOW prior to initiating the service lead time stated herein.
• Provide all ServiceNow configuration activities with guidance from Seller. • Provision ServiceNow such that accounting and reporting for services that Seller is providing can be separated from services that Customer is providing. This includes but is not limited to Service level achievement, incident counts and duration, and Service Request counts and durations. • Provide all required access, account, and credentials to perform these services.

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• Provide all required onsite services.
• Respond to queries and requests within a reasonable timeframe. • Provide the appropriate level of responsiveness required to achieve Service Level Objectives. Should Service Level Objectives be impacted due to the delayed Customer responsiveness or onsite presence, Seller will not be held liable for the missed Service Level Objective. • Provide a list of all devices that require monitoring and services to include IP addresses, hostnames, community strings, administrative usernames and passwords. • Provide virtual servers to Seller so that Seller can install complimentary applications to perform services described in this document.
• Provide access, credentials, and authentication to Customer-provided virtual servers. • Provide access and authentication services to Customer devices. • Provide at least twenty-one (21) required ServiceNow licenses. • Provide any required licenses for Customer-owned applications or software used by Seller to perform services described in this document.
• Provide Seller with access required for ServiceNow reporting. • Collaborate with Seller to understand ServiceNow reporting requirements. • Provide remote connectivity to all necessary equipment and systems required to deliver this service. • Provide Seller with necessary information for new or replaced hardware for validation in the asset management platform.
• Maintain up to date support contracts with vendor for hardware replacement and code downloads.

1.5. PROJECT ASSUMPTIONS
The scope and any responsibilities set forth above are based on, and in scoping and performing the Services Seller is relying on the accuracy of, the assumption(s) set forth below. • Metrics will be re-baselined starting from month five (5) and completed on month (6) at which point pricing and scope may be revised in a new contract.
• All NOC monitoring will be provided within the United States. • Level one (1) resolution services requires a clearly defined knowledge base article or runbook that incorporates detailed sequential tasks to complete the objective. • NOC services are 24x7.
• Level One Service Deskwill be provided outside Customer’s business hours. • No systems, software, hardware, or licensing are provided as part of this service. • Seller’s involvement for incidents is up to one half (.5) hour in duration for a level one (1) or level two (2) technician. Up to sixteen (16) additional hours per month will be provided for escalation services to engineering.
• Seller’s involvement for service requests is up to twenty (20) minutes in duration. Up to eight (8) additional hours per month will be provided for engineering escalation services. • Services will be provided by leveraging existing Customer’s tools and licensing.

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• All optimizations and customization will be performed in collaboration with Customer’s resources. • Seller will not be held liable to missed Service Level Objectives that are caused by Customer configuration errors or other Customer-led events or efforts that result in a breach. • Additional Insured coverage is not included.
• Services are delivered as a package and cannot be separated or reduced based on actual volumes. • Microsoft calls will be during the hours of 8:00am – 5:00pm Monday – Friday EST. • Engineering services will be delivered during the hours of 8:00am – 5:00pm Monday – Friday EST. • Customer Business Hours are defined as 7:30 AM – 5:30 PM PST from Monday through Thursday, alternating Fridays from 8:00 AM to 5:00 PM PST.

1.6. ITEM(S)PROVIDED
The tangible items identified in the table below will be provided either prior to or upon completion of the Services (each an “Item Provided”).

SOW Section Item(s) Provided
Consulting and
Professional Services
Network and Service Accounting Report Monthly.

Project Management
Regular Status Reports. (.doc format; delivered electronically) Overall Implementation Plan - defines project tasks, milestones and project schedule. (delivered electronically)
Project Runbook - consists of all processes, procedures and communications for the project. (delivered electronically)
RAID Log – documented log of Risks, Assumptions, Issues and Dependencies. (delivered electronically)
Communication Plan - Team members and escalation paths. (delivered electronically)
Change Log - Tracking of all scope changes. (delivered electronically) Lessons Learned - What went right and wrong during the project. (delivered electronically)
Project Closeout Document - Official authorization that all work is complete per the SOW and OK to close out the project. (delivered electronically) Operational Readiness Signoff.

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1.7. PROJECT SITES
Services will be performed remotely at the following site(s) (each a “Project Site”).

Seller Location Identifier Address
Project Site 1685 Main St., Santa Monica, CA 90401

1.8. SERVICES FEES ANDEXPENSES
The total amount due and billable under this SOW (“Total Services Price”) includes the fees for the Services performed hereunder (“Services Fees”) and the cost of any Expenses (as defined herein).

1.8.1. SERVICES FEES
The Services Fees will be billed on a fixed fee basis. Seller will invoice a fixed amount or amounts upon completion of one or more Services milestones, as set forth in the table (below), which presents the total amount to be paid for all Services Fees*.

Milestones Frequency Price Per Frequency Total Fees
Startup One Time Upon Execution $41,010.00 $41,010.00
Monthly Charges Year 1 Monthly (12 Months) $34,089.00 $409,068.00 Monthly Charges Year 2 Monthly (12 Months) $34,770.00 $417,240.00 Monthly Charges Year 3 Monthly (12 Months) $35,466.00 $425,592.00 Monthly Charges Year 4 Monthly (12 Months) $36,174.75 $434,097.00 Monthly Charges Year 5 Monthly (12 Months) $36,898.25 $442,779.00 Microsoft Calls Per Call after 2 in one week $90.00 N/A Fixed Total of Services Fees $2,169,788.00
*-The Services Fees do not include sales tax, which, if applicable, will be invoiced by Seller and paid by Customer.

Service pricing valid for the initial ninety (90) days of services to be revisited upon completion of the initial startup based on statistics provided over that ninety (90) day period.

1.8.2. EXPENSES
While no expenses are anticipated to be incurred during the delivery of this project, Seller has the right to invoice, and shall be reimbursed by, the other Party for Seller’sreasonable, direct costs arising from the performance of the Services, such costs to include, without limitation, airfare, hotel room charge(s), automobile mileage or standard car rental and fuel, per diem, parking, tolls, printing/photocopies, etc. (cumulatively, the “Expenses”) in accordance with the terms of the Agreement; provided that if Expenses are not addressed in the Agreement, then invoicing and reimbursement shall be in accordance with Seller’s standard expense policy. Any such expenses must be approved by City prior to incurring and billing of expenses. City will not pay any expenses without prior approval.

1.9. PROJECT SCHEDULE
The Parties acknowledge that throughout performance of the Services they share the following responsibilities: to develop an estimated schedule with estimated dates and timelines (“Estimated Schedule”); to coordinate the project kick-off meeting; and to manage the project through completion.

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Project timelines will vary based on personnel schedules, the evolving conditions of Customer’s environment, and the conditions of the Project Site(s).

All Services will be provided during “Standard Business Hours” (meaning Monday through Friday, 8:00AM - 5:00PM local time, excluding Holidays). “Holidays” shall mean Seller’s normal holidays in addition to national holidays.

1.10. CONTACTS
Prior to (or promptly upon) commencement of the Services, each Party will identify a person who, on behalf of such Party, shall be authorized to answer questions, to make decisions, and to address any issues that arise during the performance of Services (“Contact”).

1.11. COMPLETION CRITERIA
Seller shall be deemed to have fulfilled its obligations under this SOW upon the occurrence of any ONE of the following:
• Seller’s completion of both performance of the Services that are in scope and delivery of any Items Provided; OR
• Seller’s performance of Services for the total of the number of hours set forth in both the Services Fees section of this SOW and any Change Order(s); OR
• Expiration of this SOW according to its terms; OR
• Termination of this SOW by either Party in accordance with the provisions of this SOW and the Agreement.

1.12. ADDITIONAL PROJECT TERMS
A. Customer is responsible for supplying the environmental conditions necessary and applicable for Seller’s performance of the Services, including, without limitation, the following: workspace(s); Customer-owned hardware; any Customer software licenses; any required documents/diagrams detailing applicable specifications and conditions; any badges and passes for access to facilities; and any other access rights (“Customer Provisions”).

B. Customer agrees that Seller will have the right to bill Customer at Seller’s standard rates for any time during which Seller’s personnel is idle due to any substantial: inaccessibility of any Project Site; or unavailability of the Customer Provisions or Customer Contact.

C. Seller shall have no responsibility for third parties engaged on this project other than any Seller subcontractor(s), except as otherwise expressly agreed in writing. Customer acknowledges and agrees that Seller has the right to subcontract some or all of the Services hereunder to subcontractors.

D. Customer will provide all applicable safety and security rules in advance of execution of this SOW.

E. Customer shall not provide hereunder: any Protected Health Information, as defined in the US Health Insurance Portability and Accountability Act (“HIPAA”); anydata subject to the Payment Card Industry Data Security Standard (“PCI DSS”); or any other personally identifiable information (“PII”) or sensitive personal information (“SPI”) subject to applicable US or international security laws.

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2. GENERAL TERMS AND CONDITIONS

2.1. PAYMENT
Fees specified herein do not include applicable taxes, which will be invoiced and which Customer is obligated to pay. Invoices will be submitted to the address provided by Customer. Customer will remit payment within thirty (30) days of invoice receipt. Customer shall pay all undisputed amounts hereunder, withholding payment only to the extent of any specific inaccuracy on an invoice and only until such inaccuracy is corrected.

2.2. CHANGE MANAGEMENT
The terms and conditions of this SOW, including without limitation the scope, fees and Items Provided, may be changed only upon the Parties’ execution of a written amendment that references this SOW, that specifies such change and that is drafted by Seller (“Change Order”). Either Party may request a change, and both Parties agree to negotiate in good faith any requested changes. In the event of a conflict between the terms and conditions set forth in a Change Order and those set forth in this SOW or in a previously executed Change Order, the terms and conditions of the most recent Change Order shall prevail.

2.3. MISCELLANEOUS
This Statement of Work is governed by that certain Professional Services Agreement (Contract No. 10887) between Zones LLC and the City of Santa Monica effective _______________ (“Agreement”). Terms that are used but not defined in this Statement of Work shall have the meanings set forth in the Agreement. This Statement of Work is void if not signed by Customer and returned to Seller within thirty (30) days of receipt by Customer.

2.4. AUTHORIZED SIGNATURES
Each Party signifies by its authorized signature below that it agrees to be bound by the terms and conditions set forth in this Statement of Work.

ZONES LLC CITY OF SANTA MONICA
By: By:

Name: Name:

Title: Title:

Date: Date:

Customer Billing Entity Name:

Customer Billing Address:

Customer Billing Method: PO# Required?
Customer Billing E-mail: Customer Billing Phone:

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EXHIBIT A – PROJECT COMPLETION FORM

PROJECT COMPLETION FORM
This Project Completion Form, when signed by City of Santa Monica (“Customer”), signifies completion and acceptance of the Services performed by Zones LLC (“Seller”) under the Managed Services project Statement of Work between the Parties dated August 14, 2019 (“SOW”).

AUTHORIZED SIGNATURE
Customer’s signature below acknowledges that the Services and all Items Provided have been completed, delivered and accepted in accordance with the specifications of the SOW.

ZONES LLC CITY OF SANTA MONICA
Presented By: Acknowledged By:

Name: Name:

Title: Title:

Date: Date:

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EXHIBIT B – CHANGE ORDER FORM

CHANGE ORDER
This Change Order between Zones LLC (“Seller” or “we”) and City of Santa Monica (“Customer” or “you”) is effective _______________________ (“CO Effective Date”) and amends, as set forth below, the Managed Services project Statement of Work between the Parties datedAugust 14, 2019.

ProjectName Managed Services SOW Code ZON -081419-OPP00204790-CSM-001 Change Order Title Change Order #
Seller Contact TBD Customer Contact

PROJECT CHANGE REQUEST DESCRIPTION

IMPACT TO SCOPE

IMPACT TO SCHEDULE

IMPACT TO COST

SUBMITTER
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Name Title
Phone e-mail

RATIONALE FOR REJECTION (IF APPLICABLE)
[If requested change is rejected, provide rationale below. Otherwise ignore and execute the Change Order.]

MISCELLANEOUS
This Change Order is governed by the terms and conditions of the SOW and the Agreement. Terms that are used but not defined in this Change Order shall have the meanings set forth in the SOW or the Agreement. In the event of a conflict between this Change Order and the SOW or a previous Change Order, this Change Order shall control.

AUTHORIZED SIGNATURES
Each Party signifies by its authorized signature below that it agrees to be bound by the terms and conditions set forth in this Change Order.

ZONES, LLC CITY OF SANTA MONICA
By: By:

Name: Name:

Title: Title:

Date: Date:

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EXHIBIT C – SERVICE LEVEL OBJECTIVES
Service Level Exceptions:

Service Levels are provided based on services delivered by Seller, not Customer. Given the nature of this engagement, services provided will be blended between the Seller and Customer resources. Since Customer is providing the ITSM platform by which the majority of the Service Level accounting will be performed, it is the Customer’s responsibility to ensure that Service Level reporting conducted through the ITSM platform can be separated by service provider.

Additionally, resolution times must incorporate the ability to institute a stop clock functionality when the service provider is pending a response from the end user, service provider, Customer, or third-party. If this is not possible then in cases where Service Levels are breached, the incident or Service Request in question will be investigated to determine total time Seller was in a pending response status. That total pending time will be subtracted from the total duration to determine is an actual breach occurred.

Finally, should a SLO breach occur regarding network or services not related to Service Desk, NOC, or Engineering, an investigation will be performed to determine the root cause. Should the root cause be related to any action or lack thereof by the Customer, the breach will be declared void. In cases where service breach is the fault of the Seller, an escalation can occur by the Customer to the Project and Account Manager. Incidental Causes: Where root cause analysis determines the failure to meet a Service Level Objective is due to a one-time event or situation, an escalation and communication will be made through the project and account manager to the Service Desk manager. Systemic Causes: Where root cause analysis determines the failure to meet a Service Level Objective is due to a persistent or recurring event(s) or situation(s), the implementation of a structured plan will be implemented. Escalation will occur through the project and account manager and will be escalated up through the Service Desk manager and Director for a structured remediation plan to be devised.

Service Level Calculations:

Service Level Achievement is based on the ability of the Seller to meet the Service Level Targets for each area as specified below. Service Level Reporting will be conducted monthly but Customer and reviewed but the Seller where statistics will be collected from various platforms and analyzed based on their individual requirements as specified below.

Service Level Definitions:

Area Feature SLA
Service Desk Services
Service Desk Calls Speed to answer within
90% of calls w/in 3 min
95% of calls w/in 5 min
Outside of Customer Business Hours
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Area Feature SLA
Service Desk Services
Service Desk Incidents –
Triage and Investigation
(For Tickets Submitted
through Self Service)
Investigation and Triage Process Incidents and assign staff much like hospitals triage in
emergency rooms, with most critical
and high incidents being addressed
first. The metrics below represent the
time it takes to initiate work on an
incident during service desk business
hours.

Severity 1 – commence
within 15 minutes
95%
Severity 2 – commence
within 1 hour
95%
Severity 3 – commence
within 2 hours
95%
Severity 4 – commence
within 24 hours
95% ; However, 100% within 48
hours
Severity 5 Best Effort
Service Desk Incidents –
Resolution Time
Time to Resolve Similarly, resolving incidents follow
the same triage approach, with the
focus on critical and high priority
incidents first. These metrics show
how long it takes to resolve an
incident. Time is paused when
waiting on a user response, the user
is unavailable or when waiting for a
vendor action. Additionally weekend
coverage is limited to Level 1 support
only and incidents spanning this time
would not be subject to this Service
level.

Severity 1 – 6 hours 95%
Severity 2 – 18 hours 95%
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Area Feature SLA
Service Desk Services
Severity 3 – 36 hours 95%
Severity 4 – 72 hours 95%
Severity 5 Best Effort
Service Requests Initial Processing 95% - Acknowledgement within 10 business hours
Fulfillment 95% - Fulfillment within agreed upon
time frames which will be determined
during customer onboarding
Severity is determined by the impact and urgency of the evet as defined below:

Urgency
Impact
Enterprise Site User
1 - Cannot Work 1 2 3
2 - Slow or Reduced Functions 2 3 3
3 - Annoyance 3 4 4
4 - None 5 5 5
Urgency is defined as how quickly an issue must be resolved to meet business needs. The majority of incidents will be classified as normal; However, the particular circumstance could change that. For example, an issue with the payroll system might be assigned a normal urgency, however, when payroll is being prepared for processing it would be a high urgency.

Speed to answer Measurement Criteria: The percentage of the calls received during normal business hours, total number of calls answered within three (3) for 90% of calls divided by the total number of calls answered, and within five (5) minutes for 95% of calls divided by the total number of calls answered.

Example: In a given month 424 calls are answered, of those 421 are answered in 15 minutes or less:
421/424=99%
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Call Answer Rate Criteria: The call answer rate is the rate of calls that are answered by a person in a reasonable time. The total number of calls answered, divided by the total number of calls received minus the number of calls abandoned in less than five (5) minutes.

Example: In a given month 32 calls, 31 are returned within 60 minutes: 31/32-97%.

Investigation and Triage Criteria: During business hours,the percentage of tickets assigned appropriately within the agreed upon time.

Example: If 205 medium severity incidents are received, and 200 of them are assigned within two (2) hours, 200/205=98%.

Time to Resolve Criteria: The percentage of incidents where the total time to resolve is within the target period (by SLA). Take the total time of a ticket and deduct this from any time when the incident cannot be worked, such as any time waiting for the user to perform an action and any time waiting for vendor action or any time waiting for customer resources. Since this customer is providing on-site resources exclusively.

Example: A user calls in with a medium priority incident at 14:00 on 3/1. Service Desk works the incident until 15:30 when user is called and asked to work with Service Desk. User is not responsive or indicates he/she is unavailable until 7:30 3/2. At this time, user and Service Desk resume working, determine is it a hardware issue. At 8:00 Service Desk arranges for replacement hardware, which arrives and is installed at 12:00, at which time issues is resolved. Time to Resolve would be calculated as Total Time of Ticket (22 hours, 14:00 3/1 to 12:00 3/2) minus User Time (16hours, 15:30 3/1 to 7:30 3/2) and Vendor Time (4 hours, 8:00 3/2 to 12:00 3/2): 22-(16+4) = 2.

Time to Resolve metric will be used based on the number of incidents closed in that period whose Time to Resolve is within the Target for their Priority divided by the total number of incidents of that Priority closed in that period. 32 incidents are closed within the agreed upon time, while there were 33 incidents total:32/33=97%.

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Figure 1: Critical Customer Services would be monitored 24x7x365 with notification based on Severity for priority responses as dictated in Figure 2.

Note: While Seller will make every attempt to help Customer meet their Service Level Objectives, Seller is only responsible for providing notification services through the Network Operations Center for device level monitoring and will report outages based on the severity described above per Figure 1.

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Figure 2: Seller and the Customer establish severity-based responses to provide appropriate reaction for alerts received by NOC.

Area Feature SLA
Target
Critical Services
Availability
Severity 1
Provide notification to the Customer for Service outages for Customer follow-up within 2 hours. Outages caused by
maintenance not inclusive.

Severity 2 99%
Provide notification to the Customer for Service outages for Customer follow-up within 4 hours. Outages caused by
maintenance not inclusive.

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EXHIBIT D – SERVICE DESK LEVEL CAPABILITIES AND SERVICES

PERFORMED
Description Capabilities
Service Desk Level One
Technician
• Capture Critical Information
• Follow Scripted responses and Troubleshooting
• Basic Experience with End user Devices
• Basic Experience with IP Services
• Strong Communication Skills
• Limited technical abilities
Service Desk Level Two
Technician
• Capture Critical Information
• Record Critical Information
• Experienced Troubleshooting
• Notify End User
• Experience with End user Devices
• Basic Experience with IP Services
• Strong Communication Skills
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EXHIBIT E – EXAMPLE ESCALATIONS TO CUSTOMER
Examples of when Incidents would be Escalated to
Customer
Specific Examples include but are not limited
by:

Advanced Troubleshooting is required which include
but is not limited to the following:

IP routing analysis
Loss of connectivity to Customer’s location
where the network circuit is reported
operational.

Resolution where advanced configuration is required
to resolve:

Misconfiguration of Spanning Tree causes a loop
in the network which must be remediated.

Load Balancing Algorithm is forcing all traffic
down the same interface.

Service Requests not part of Current Service
Offering:

Customer requests connectivity to services not
currently supported.

Level Two Technicians exhaust options and cannot
resolve and Seller’s level 3 engineer services has
exceed a total of eight (8) incidents this month.

Technician attempt to resolve issue but exceeds
their technical ability requiring Customer’s Level
3 intervention.

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EXHIBIT F – DESCRIPTIONOF CUSTOMER’S ENVIRONMENT
The Customer maintains 44 facilities including five hub sites with four data centers, one primary and two supporting data centers. The Customer maintains connectivity between sites via fiber with a few exceptions where TM/Spectrum is leveraged. The disaster recover site is located in Nevada. The network is composed of approximately 420 Cisco products to include switches, routers, firewalls and wireless LAN controllers. The Customer does have access points that are not included in this count.

Servers are primarily HPE running VMware for a total of 320 physical/virtual servers. The Customer leverages O365, Azure, and AWS services. The Customer maintain a Unified Communications environment comprised of twelve IP Telephony, gateways, and other systemssupported by twelve voice/data circuits. The end user environment consists of over two-thousand PCs, laptops, and MACs.

Core applications are comprised of Public Safety & Transit (BBB), Customer Planning &Enforcement, Public Works, Customer Services, and Corporate Services (Finance/ERP).

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Budget
Services Fees & Expenses
The total amount due and billable under this SOW (“Total Services Price”) includes the fees for the Services performed hereunder (“Services Fees”) and the cost of any Expenses (as defined herein).

Services Fees
The Services Fees will be billed on a fixed fee basis. Seller will invoice a fixed amount or amounts upon completion of one or more Services milestones, as set forth in the table (below), which presents the total amount to be paid for all Services Fees*.

Milestones Frequency Price Per
Frequency
Total
Fees
Startup One Time Upon
Execution
$41,010.0
0 $41,010.00
Monthly Charges
Year 1
Monthly (12 Months) $34,089.0
0 $409,068.00
Monthly Charges
Year 2
Monthly (12 Months) $34,770.0
0 $417,240.00
Monthly Charges
Year 3
Monthly (12 Months) $35,466.0
0 $425,592.00
Monthly Charges
Year 4
Monthly (12 Months) $36,174.7
5 $434,097.00
Monthly Charges
Year 5
Monthly (12 Months) $36,898.2
5 $442,779.00
Microsoft Calls Per Call after 2 in one
week
$90.00 N/A
Fixed Total of Services Fees $2,169,786.00
*The Services Fees do not include sales tax, which, if applicable, will be invoiced by Seller and paid by Customer. Service pricing valid for the initial ninety (90) days of services to be revisited upon completion of the initial startup based on statistics provided over that ninety (90) day period.

Expenses
While no expenses are anticipated to be incurred during the delivery of this project, Seller has the right to invoice, and shall be reimbursed by, the other Party for Seller’s reasonable, direct costs arising from the performance of the Services, such costs to include, without limitation, airfare, hotel room charge(s), automobile mileage or standard car rental and fuel, per diem, parking, tolls, printing/photocopies, etc. (cumulatively, the “Expenses”) in accordance with the terms of the Agreement; provided that if Expenses are not addressed in the Agreement, then invoicing and reimbursement shall be in accordance with Seller’s standard expense policy. Any such expenses must be approved by City prior to incurring and billing of expenses. City will not pay any expenses without prior approval.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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Packet Pg. 325 Attachment: Original - Professional Services Agreement No. 10887 (CCS) 09.16.2019 (7161 : Third Modification of Agreement with Zones for Exhibit C
Insurance Requirements and Verifications
Consultant shall procure and maintain for the duration of the Agreement insurance against claims that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

4. Technology Professional Errors and Omissions/Cyber Liability: Insurance with a limit of not less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant in this Agreement and shall include, but not be limited to, claims involving invasion of privacy violations, information theft, release of private information, alteration of electronic information, extortion, and network security. The policy shall also provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations. Further, the policy shall include, or be endorsed to include property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data or information “property” of the City of Santa Monica in the care, custody, and control of the Consultant.

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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Packet Pg. 326 Attachment: Original - Professional Services Agreement No. 10887 (CCS) 09.16.2019 (7161 : Third Modification of Agreement with Zones for Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.

The City of Santa Monica may require the Consultant to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Santa Monica.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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Packet Pg. 327 Attachment: Original - Professional Services Agreement No. 10887 (CCS) 09.16.2019 (7161 : Third Modification of Agreement with Zones for Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Consultant, the City may deduct from sums due to the Consultant any premium costs advanced by the City for such insurance.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

DocuSign Envelope ID: 6321B389-247E-4CB0-96CE-CAF0AC1BB21A

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Packet Pg. 328 Attachment: Original - Professional Services Agreement No. 10887 (CCS) 09.16.2019 (7161 : Third Modification of Agreement with Zones for 1 FIRST MODIFICATION OF AGREEMENT NO. 10887 (CCS)
This First Modification of Agreement Number 10887 (CCS) (“First Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and Zones, LLC (“Zones”) is made with reference to the following:

RECITALS
A. On or about^^9/16/2019, the City and Zones entered into Agreement Number 10887 (CCS) professional services (“Original Agreement”).

B. The Original Agreement provided for NOC Monitoring and included a not to exceed amount of $2,169,786.

C. The City and Zones desire to modify the Original Agreement to include additional services to be performed by Zones; remove certain services and to decrease the overall agreement amount to reflect the reduction in services.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:

1. Section 2 of the Original Agreement entitled “ZONES Services” shall be modified by adding the following paragraph:

Additional Services. ZONES will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services.

ZONES will complete the Additional Services in accordance with Exhibit B-1, Budget.

2. Section 4 of the Original Agreement entitled “Compensation” shall be deleted and replaced with the following paragraph:

Compensation. The City will compensate ZONES for the Services and Additional Services in an amount not to exceed $1,988,732 in accordance with Exhibit B-1 - Budget.

3. Exhibit A-1 and Exhibit B-1 are attached hereto and incorporated herein by this reference.

4. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

5. Except as expressly modified by this First Modification, all other terms and DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660 2/8/2023

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Packet Pg. 329 Attachment: First Modification - Executed Zones_NOC_Mod_1 02.08.2023 (7161 : Third Modification of Agreement with Zones for 24x7x365 2 conditions of the Original Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ZONES Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660 1/26/2023

DOUGLAS SLOAN
City Attorney
2/7/2023
Jeff Andrew
SVP, Chief Delivery Officer
Zones
2/8/2023
David White
City Clerk City Manager
Denise Anderson-Warren
2/9/2023

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Packet Pg. 330 Attachment: First Modification - Executed Zones_NOC_Mod_1 02.08.2023 (7161 : Third Modification of Agreement with Zones for 24x7x365 3 Exhibit A-1
Scope of Services
See Attached Exhibit A-1
DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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CHANGE ORDER FORM
Project Name: Managed Services Project for City of Santa Monica Project Manager: [email protected] Change Order (CO) #: PCR-0016
Change Order Name: Addition of 24X7X365 Service Desk Support & Removal of NOC Project Change
Requestor Name:
(Role & Company)
[email protected]
City of Santa Monica
Date Originated: 05/02/2022
Statement of Work: ZON-08/14/19-OPP00204790-CSM-001 Statement of Work Date: 09/16/2019

CHANGE ORDER DESCRIPTION
Requested change to the referenced Statement of Work (SOW) and any applicable terms, as follows:

Description:
• The City of Santa Monica has requested Zones extend their current Managed Services Service Desk Support model from After-Hours (8:30 PM Eastern – 10:30 AM Eastern, Monday – Friday), Weekends and Holiday support to 24X7X365 support. In addition to extending the Service Desk scope to 24X7X365 the City of Santa Monica has asked Zones to remove the current NOC scope. The City currently provides the Business Hours Service Desk support internally.
• It is expected that the City of Santa Monica will turn over the 24x7x365 support to Zones in November following the execution of this PCR. Zones will require a 1 month ramp up period from the point in which the PCR is fully executed before 24x7x365 service can be turned over from the City. Zones and CSM will work together once the PCR is fully executed on a cutover date and will ensure that it is at least 1 month in time. During the ramp up period there will be activities around the turnover that will need to be completed in advance by the City including ITSM queue creation, phone cutovers, etc. CSM will engage Zones on any activities as required.

DESCRIBE THE REASON FOR CHANGE
Provide background for requested change
Description:
• Currently the City of Santa Monica provides the Business Hours Service Desk support internally. The City is looking for Zones to intake the Business Hours support in addition to the After-Hours, Weekends and Exhibit A-1
DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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Holiday support already in scope per SOW ZON-08/14/19-OPP00204790-CSM-001. Per the PCR Zones’ scope will expand to include 24X7X365 Service Desk support and the NOC scope will be removed.

DESCRIBE ALL ALTERNATIVES CONSIDERED
Provide all alternatives considered excluding requested change Description:
• N/A as a PCR would be required to extend current support hours.

DESCRIBE RISKS TO BE CONSIDERED FOR THIS CHANGE
Provide all impacts that could occur if requested change is not implemented Description:
• If this PCR were not implemented it may prevent the City of Santa Monica from completing their internal service delivery objectives.

IMPACT TO SCOPE
Provide overall scope impact from requested change
Description:

1. This PCR will increase the current Service Desk Support Hours that Zones provides from After-Hours, Weekends and Holidays to 24X7X365 Service Desk Support. The PCR will also remove the NOC support currently in scope.

2. This PCR will adjust section 1.2 Overview After Hours Service Desk and 1.2.4 Service Desk within the SOW as follows to expand the scope to 24X7X365 Service Desk Support:
o Section 1.2 Overview After Hours Service Desk
o Zones will provide 24X7X365 Level One Service Desk Support to the City of Santa Monica.

3. Section 1.2.4 Service Desk:
o Provide Incident management services not to exceed an average count of (480) actionable incidents per month with no longer than fifteen (15) minutes in duration where averages are calculated on a quarterly basis.
▪ Incidents actioned surpassing one thousand four hundred and forty (1,440) in any given 3 consecutive months, Seller will charge $25.00 per incident. ▪ Overage will be billed the month after 3 consecutive months of incidents actioned surpassing one thousand four hundred and forty (1,440)
▪ Incidents actioned are defined as opened, updated, or closed by Zones. Zones will not be counting ALL tickets in the system.
o Provide service requests that are non-service impacting not to exceed an average of (400) per month, each no longer that twenty (5) minutes in duration. Average will be calculated on a quarterly basis.
▪ Service request surpassing one thousand two hundred (1,200) in any given 3 consecutive months, Seller will charge $5.00 per service request.

DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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▪ Overage will be billed the month after 3 consecutive months of service request surpassing one thousand two hundred (1,200)
o Zones and the City of Santa Monica will complete a review of the monthly ticket counts after 90 days of transitioning to 24X7X365 Service Desk Support. o In advance of the transition to 24x7x365 support, City of Santa Monica will define requests and provide Zones the contact information of where requests will need to be transferred to.

4. The Service Level Objective for 24X7X365 Service Desk will be updated and defined as follows. The ticket based SLOs cannot be reported on via Zones until admin access within ServiceNow is provided by the City of Santa Monica team.

5. The following Network Operation Center tasks will be removed from section 1.2 Overview of Scope 24/7/365 Network Operation Center (“NOC”):
o Seller will provide monitoring and first level response for key infrastructure and critical business applications by leveraging Customer approved monitoring solutions. o Seller will follow ITIL best practices for improving availability and reliability of services. Monitoring of infrastructure components and systems will be conducted to enable the delivery of business DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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facing and core services based on Service Level requirements for critical business and technology services.
o Seller’s NOC agents will perform initial triage of alerts and troubleshoot or acknowledge as necessary.
o Seller’s NOC agents will notify Customer’s staff as necessary for service impacting events or events that required Customer’s remediation.
o Seller’s NOC agents will escalate to Customer’s Service Desk agents during Customer’s normal business hours while providing level One support only, after hours and weekends. Please see after hours Service Desk.
o Seller will provide monitoring and management of critical events for critical network, systems, and storage, including but not limited to routing, switching, security, voice, video, remote access while supporting network protocols required to transport data across the Customer’s infrastructure. o Seller will monitor the underlying infrastructure to support critical business and technology services to support required service levels.

6. The following Network Operation Center tasks will be removed from section 1.2.3. Network Operation Center:
o Provide monitoring services for the Customer’s environment 24/7/365. o Triage up to thirty-two (32) total actionable alerts logged in the ServiceNow platform per month. o Provide any required notification to Seller or Customer resources. Isolate and escalate as necessary. o Escalate incident as necessary to either Seller’s Level 2 resolver group or Customer’s resources depending on the project Runbook.
o Ensure incident is actively being worked.
o Close/Resolve incident if possible.
o Provide monitoring services to notify Customer in cases of business-critical outages to support the Customer in meeting the Service Level Objectives.
• Tasks will be removed from section 1.2.2 Consulting and Professional Services.

IMPACT TO SCHEDULE
Provide overall schedule impact from requested change
Description:
• This PCR will be co-term with the existing Statement of work with an end date of 09/16/2024. The Project schedule will not be extended however the hours of support will be extended from After-Hours, Weekends and Holidays to 24X7X365 specific to the Service Desk Support scope.

IMPACT TO COST
Provide overall cost impact from requested change
Description:
• This PCR will decrease the monthly cost to the City of Santa Monica as noted in the Pricing Table below and will be billed as a flat rate monthly fee.

DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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• There will also be a one-time transition fee to the City of Santa Monica which will be invoiced in addition to the normal flat rate monthly billing following the one-month transition period.

PRICING TABLE
Provide overall price within enclosed table, include original SOW and Change Orders # Service Rate Description
SOW Startup, Monthly Charges Year
1-5, and Microsoft Calls $2,169,788.00 Original Project SOW total SOW
On-Time Startup Fee
Year 1-3 Monthly Services Fees
(Calendar Years 2020-2022)
$1,292,910.00
One-time Startup Fee: $41,010.00
Year 1 (2020): $34,089/month x 12 months
Year 2 (2021): $34,770.00/month x 12 months
Year 3 (2022): $35,466.00/month x 12 months
CO One-Time Transition Cost $917.00 One-time 24x7 transition fee CO Year 4 Monthly Services Fees
(January 2023 – December
2023)
$236,700.00
$19,725.00/month x 12 months
CO Year 5 Monthly Services Fees
(January 2024 – September
2024)
$181,431.00
$20,159.00/month x 9 months
TOTAL CONTRACT PRICE: $1,711,958.00 Revised Total Contract Value Submitted By: Sydney Filkins Title: PMO Manager
Company: Zones Date Submitted: 6/29/22
Phone: 518-878-8358 e-mail: [email protected]
DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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APPROVALS
Each Party agrees that the complete agreement between us about this transaction consists of 1) this Change Order, and 2) the referenced Statement of Work. This Change Order is governed by the terms and conditions of the SOW and the Agreement. Terms that are used but not defined in this Change Order shall have the meanings set forth in the SOW or the Agreement.

In the event of a conflict between this Change Order and the SOW, the terms of the Change Order shall prevail.

Approved
Deferred Deferred Date
Rejected
REASON FOR DEFERRAL/REJECTION:

SIGNATURES
Each Party represents that this Agreement is agreed and has been executed below by its duly authorized representative.

Approved by (The City of Santa Monica): Approve by (Zones):

Name Name
Date Date
DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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Packet Pg. 337 Attachment: First Modification - Executed Zones_NOC_Mod_1 02.08.2023 (7161 : Third Modification of Agreement with Zones for 24x7x365 4 Exhibit B-1
Budget
Zones will provide the Services and Additional Services 4 in an amount not to exceed $197,400 for Year 4 and $200,868 for Year 5, respectively. The overall budget for the Agreement as revised by this First Modification shall be decreased to an amount not to exceed $1,988,732 as provided below:

Prior Budget Under Original Agreement: $2,387,000
LESS: SOW Change (Remove NOC Monitoring and adding 24/7 Service Desk): -$398,268 Revised Total Not to Exceed Amount: $1,988,732
DocuSign Envelope ID: FB3647D0-DD94-4CB1-9533-8A91A8A5F660

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Packet Pg. 338 Attachment: First Modification - Executed Zones_NOC_Mod_1 02.08.2023 (7161 : Third Modification of Agreement with Zones for 24x7x365 1 SECOND MODIFICATION OF AGREEMENT NO. 10887 (CCS)
This Second Modification of Agreement Number 10887 (CCS) (“Second Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and Zones, LLC (“Zones”) is made with reference to the following:

RECITALS
A. On or about July 23, 2019, the Santa Monica City Council authorized the City Manager to negotiate and execute an agreement with Zones in an amount not to exceed $2,387,000 to operate a Network Operations Center (“NOC”) and afterhours Service Desk.

B. On or about September 16, 2019, the City and Zones entered into Agreement Number 10887 (CCS) for professional services (“Original Agreement”) in an amount not to exceed $2,169,786, with a termination date of August 31, 2024.

C. On or about February 8, 2023, under the same authority approved by City Council on July 23, 2019, the City and Zones entered into a First Modification of Agreement Number 10887 (CCS) (“First Modification”) to include additional services to be performed by Zones; remove certain services and to decrease the overall agreement amount to $1,988,732 to reflect the reduction in services. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” D. The City and Zones desire to modify the Agreement to extend the term one additional year, with no change to the existing $1,988,732 budget, to allow the City to complete a formal procurement process for a new agreement without an interruption in critical services.

TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:

1. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on August 31, 2025, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

2. Section 2 of the Agreement entitled “Zones Services” shall be modified by adding the following paragraph:

Continued Services. Unless terminated earlier by the City for convenience or otherwise pursuant to section 14 of the Agreement, Zones will continue to perform all the Additional Services described in Exhibit A-1 of the First Modification (“Continued Services”) from September 1, 2024 through August 31, 2025. Zones will complete the Continued Services in Docusign Envelope ID: D7801D3C-EC11-49F6-B359-F092E998200F 8/20/2024

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Packet Pg. 339 Attachment: Executed Zones_Second_Modification_10887 08.20.2024 (7161 : Third Modification of Agreement with Zones for 24x7x365 Service 2 accordance with Exhibit B-2, Revised Budget.

3. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following paragraph:

Additional Compensation for Continued Services. The City will compensate Zones for the Continued Services in an amount not to exceed $241,908 as set forth in Exhibit B-2. The total compensation paid to Zones for all Services, including all Continued Services, provided pursuant to the Original Agreement, the First Modification, and this Second Modification shall not exceed $1,988,732.

4. Exhibit B-2 is attached hereto and incorporated herein by this reference.

5. Execution in Counterparts. This Second Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Second Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

6. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
ABC Crporation
#VENDOR
By:
_______________________________

Docusign Envelope ID: D7801D3C-EC11-49F6-B359-F092E998200F 8/17/2024
City Attorney

DOUGLAS SLOAN
8/19/2024
Derek de Bakker
Zones, LLC
General Counsel
David White
8/20/2024
City Manager
Nikima Newsome
8/21/2024
City Clerk

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Packet Pg. 340 Attachment: Executed Zones_Second_Modification_10887 08.20.2024 (7161 : Third Modification of Agreement with Zones for 24x7x365 Service 3 Exhibit B-2
Revised Budget
As directed by the City, and subject to the City’s ability to terminate the Agreement for convenience pursuant to Section 14.2 of the Agreement, Zones will provide the Continued Services from September 1, 2024 – August 31, 2025 at a rate of $20,159 per month. The total compensation paid to Zones for all Services, including all Continued Services, provided pursuant to the Original Agreement, the First Modification, and this Second Modification shall not exceed $1,988,732.

Continued Services Rate Maximum #
months
Continued Services Not to
Exceed Amount
Monthly Services Fees
(September 1, 2024 – August 31, 2025)
$20,159/month 12 $241,908
Docusign Envelope ID: D7801D3C-EC11-49F6-B359-F092E998200F

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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Packet Pg. 342 Attachment: FY24-25 OAKS INITIATIVE FORM - Zones Signed 07.30.2024 (7161 : Third Modification of Agreement with Zones for 24x7x365

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
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Packet Pg. 346 Attachment: Levine Act Disclosure Form 2.6.24 - signed 07.30.2024 [Revision 1] (7161 : Third Modification of Agreement with Zones for

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Packet Pg. 347 Attachment: Levine Act Disclosure Form 2.6.24 - signed 07.30.2024 [Revision 1] (7161 : Third Modification of Agreement with Zones for

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Packet Pg. 348 Attachment: Levine Act Disclosure Form 2.6.24 - signed 07.30.2024 [Revision 1] (7161 : Third Modification of Agreement with Zones for City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.H
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Adoption of a Resolution Authorizing the Application for Grant Funds from the State of California Department of Parks and Recreation Land and Water Conservation Fund Grant Funding
Recommended Action
Staff recommends that the City Council:

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

2. Adopt the attached resolution authorizing the application for grant funds in the amount of $6 million from the California Department of Parks and Recreation Land and Water Conservation Fund Grant Program for the Memorial Park Expansion Project for the Public Works Department; and

3. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.

Summary
Staff recommends that the City apply for $6 million in Land and Water Conservation Fund (LWCF) funding to move forward with the Memorial Park Expansion Project Phase 1 which is estimated to cost $23.25 million. Expanding Memorial Park is a longstanding priority project for Santa Monica community members. Through multiple planning processes, staff has developed an actionable initial scope of work that would begin to address expressed community needs for this area. In 2016, Santa Monica voters approved the passage of a Santa Monica College (SMC) bond measure (Measure V), which provides $20 million of funds for the Memorial Park Expansion Project. In August 2023, the City and SMC entered into a Payment Agreement, under which SMC would contribute up to $2.75 million toward design and pre-construction

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services. As a result, there remains approximately $17.25 million of Measure V funds for the Memorial Park Expansion Project. If the City is awarded the LWCF grant, it would begin negotiations with SMC on a fiscal and use agreement to access the remaining Measure V funds for the construction of Phase 1.

The LWCF is a federal funding source established to assist states in the planning, acquisition, and development of recreation lands. The California Department of Parks and Recreation (DPR) administers LWCF funds at the state level. The LWCF program is a competitive grant open to state and local agencies throughout California. In 2022, the agency awarded $45 million to fund 16 projects out of a total of $116 million in applications. In early 2023, the DPR Office of Grants and Local Services (OGALS) announced $30 million in LWCF funding for California state and local agencies. Local agencies can request up to $6 million for development or acquisition of land that either creates or expands existing parks. The granting agency will announce initial awards around December 2025, with approximate project start dates from late 2025 to late 2026 following post-award federal requirements. The LWCF grant application requires an authorizing resolution from the local governing body.

Background
The City of Santa Monica parks system includes 32 parks encompassing more than 140 acres. Memorial Park was established in the 1950s and is geographically located in the center of the City. It is important to the overall park system, serving as the primary park for baseball and softball, offering a space for pickleball and tennis and being the home of the City’s only public gymnasium and skate park.

The Memorial Park Redevelopment and Expansion Project would combine the existing 10.3-acre Memorial Park with the former Fisher Lumber site – a City-owned,

2.9-acre property adjacent to the existing park – into a 13.2-acre newly renovated and expanded community park that meets the increasing demand for recreational activities. An extensive community outreach process guided the development of a

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master plan layout and park program with an estimated cost of $100-$116 million, for the future renovation and expansion of Memorial Park that would include additional diamond sports fields and other highly desired community amenities.

In 2019, following master plan approval, staff coordinated with SMC and SMMUSD to develop Phase 1 of the project at an estimated cost of $30 million, with proposed funding of $20 million from SMC Measure V funds, and $5 million each from SMMUSD Measure SMS bonds and City of Santa Monica Capital Improvement Program (CIP) budget funds, conditioned on programmed joint use of the completed facilities. The City moved forward with a design-build contract award in February 2020, but suspended the project later that year due to the COVID-19 pandemic.

Staff returned to City Council in fall 2022 for a study session to consider next steps for the Memorial Park Expansion Project. Staff presented a reduced scope of work for Phase 1 in consideration of limited funding and increased construction costs.

Of the previously identified $30 million, only the $20 million dedicated to park redevelopment from the SMC bond measure remained available. City Council directed staff to proceed with the proposed revised scope and to return with next steps, to reengage SMC and SMMUSD in negotiations for potential fiscal and use agreements, and to present a recommended alternative site for the temporary relocation of the Public Landscape Division’s operations yard.

In March 2023, City staff identified LWCF grant funding as a potential new resource to move the project forward. The 2023 grant application was unsuccessful, and staff is seeking authorization to re-apply for LWCF grant funding in August 2025.

In August 2024, City Council awarded a contract to SWA Group for the design of a potential Phase 0 for underground stormwater infrastructure and Phases 1 and 2 of the

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Master Plan. Design kicked off in March 2025 and will be completed in Summer 2026, with construction anticipated to start in Fall 2026.

Discussion
The National Park Service apportions LWCF funds to states for the planning, acquisition, and development of recreation lands. The California Department of Parks and Recreation Office of Grants and Local Services (OGALS) administers California’s funding allocation and will evaluate proposed projects across seven areas: 1) Unmet need (identified through level of priority for the community and alignment with Statewide Comprehensive Outdoor Recreation Plan (SCORP) goals); 2) Type of project (either new or existing park land acquisition or development); 3) New acreage placed under LWCF protection (project would add new land for recreational use); 4) Park deficient or economically disadvantaged area (identified by access to parks and availability of parkland for the impacted community); 5) Population served (identified as providing recreational opportunities for older adults, at-risk youth; and/ or persons with disabilities); 6) Public input (whether the proposed project reflects community input); and 7) Project readiness. Local agencies can request up to $6 million per project with a required 50% local match.

The proposed $6 million grant would contribute to the Memorial Park Redevelopment and Expansion Project reduced Phase 1, which would convert an additional two acres of the northern parcel (formerly the Fisher Lumber site) into public park land.

Phase 0 (at a cost of approximately $25 million) is not included as part of this grant funding request. Phase 0 includes a 3.0 million gallon tank within the Phase 1 site area and will divert urban runoff/stormwater from existing storm drain lines along Santa Monica Blvd. and Broadway. Harvested stormwater in the Memorial Park tank would then be released back into the storm drain system during dry weather for collection and treatment downstream at the Sustainable Water Infrastructure Project (SWIP) Advanced Water Treatment Facility.

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Reduced Phase 1 as presented to City Council in September 2022 includes:

Sports Fields
A combination field would create adaptable play space for baseball and softball groups of all ages. It is designed for flexibility. The combination field could accommodate a single regulation high school baseball game, adult softball game, or collegiate softball game. Additionally, the field could be divided with temporary fencing to accommodate two youth baseball or two youth fast pitch softball games played simultaneously. The field would feature covered dugouts, shaded spectator seating, and LED sports lighting. A batting cage for shared use sits adjacent to the combo field. Amenities such as pitchers’ bullpens and additional batting cages would be considered in the design phase and in coordination with the fiscal and use agreements with SMC and SMMUSD.

Pickleball/Tennis Courts
Sixteen pickleball courts with overlapping striping for four tennis courts would be elevated over the new on-site surface parking lot and would include stairs and an elevator. The courts would feature LED sports lighting, wide perimeter clearance spaces, and dedicated equipment storage immediately adjacent to the play area.

Parking
The covered parking lot would increase parking inventory to be used exclusively by park patrons and would include a safe and convenient passenger loading zone and turnaround area. The parking lot’s central location would make it easily accessible from all areas of the park.

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Mobility and Streetscape Improvements
Mobility and streetscape improvements on 14th Street and Colorado Avenue would be included to the extent the budget allows. The proposed master plan includes 4’- wide planted areas that would provide a buffer between generous 8’-wide perimeter sidewalks and field activity within the park. Street trees and parkway planters would create a sense of comfort for pedestrians walking along the street and a shared use bike path completely separated from the street along the Colorado Avenue frontage (Class I bike path) would allow for future connection to the Exposition Corridor Bike Path.

Staff believes that the proposed Memorial Park Expansion Project Phase 1 closely aligns with grant criteria and would be a competitive project for funding. Staff intends to propose the SMC bond Measure V funds as a grant match, so that receiving the grant would not require committing any additional City resources.

Environmental Review
Application for the LWCF grant is exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) in that application of the grant would have no possibility of significant effects. If awarded the grant, necessary environmental review for the Memorial Park Redevelopment and Expansion Project reduced Phase 1 would be completed in compliance with CEQA prior to the award of final design and construction contract. Furthermore, as specified in the grant application, the applying agency must complete an environmental review either at the time of application (August 5, 2025 for this grant application); within 60 days of the application deadline; or provide the granting agency with the status of environmental review and the applying agency’s plan to complete this process. The grant requires the following documentation:
• A Notice of Exemption End filed with, and stamped by, the county clerk, OR

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• An Initial Study with a Negative Declaration and a copy of the Notice of Determination filed with, and stamped by, the county clerk, OR • An Initial Study and an Environmental Impact Report and a copy of the Notice of Determination filed with, and stamped by, the county clerk.

AND:
• The CEQA Compliance Certification Form
• A State Clearinghouse Filing Receipt
Environmental review for the stormwater management facilities (i.e., Memorial Park Tank) was previously completed as part of the Sustainable Water Infrastructure Project Initial Study/Mitigated Negative Declaration (SWIP IS/MND), that was adopted by the Council on September 27, 2016 (State Clearinghouse No. 2016071056). Environmental review for the remaining components of Memorial Park Phase 1 (sports fields, pickleball/tennis courts, parking and mobility/streetscape improvements) is currently underway and anticipated to be completed and presented for Council approval in late Fall 2025.

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Staff will complete all environmental review in compliance with CEQA and prior to receipt of grant funding.

Past City Council Actions
Meeting Date Description
01/23/18 (Attachment A) Award of Design Agreement for the Memorial Park Feasibility Study and Master Plan
10/15/19 (Attachment B) Memorial Park Redevelopment and Expansion Master Plan Review
02/11/20 (Attachment C) Design-Build Contract for Memorial Park Expansion 09/27/22 (Attachment D) Memorial Plan Expansion Study Session 05/23/23 (Attachment E) Authorization Resolution 11528
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action. The grant requires a 50% project match which will come from Santa Monica College funding set aside for Memorial Park expansion. The grant is reimbursement-based. Staff would return to City Council with budget changes if the grant is awarded.

Prepared By: Tony Lopez, Senior Park Planner
Approved Forwarded to Council

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Attachments:

A. January 23, 2018 Staff Report
B. October 15, 2019 Staff Report
C. February 11, 2020 Staff Report
D. September 27, 2022 Staff Report
E. May 23, 2023 Staff Report
F. Authorization Resolution 11528
G. 02-Authorizing_Resolution_CoSM

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1 City Council Meeting May 23, 2023 Santa Monica, California RESOLUTION NUMBER 11528 (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA APPROVING THE APPLICATION FOR THE LAND AND WATER

CONSERVATION FUND MEMORIAL PARK EXPANSION PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the City of Santa Monica (City) must certify by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

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

SECTION 1. The City Council approves the filing of an application for Land and Water Conservation Fund assistance for the proposed Memorial Park Expansion Project (Project).

SECTION 2. The City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

DocuSign Envelope ID: D4A628F3-BACB-492B-8E08-1EF1576E386A

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Packet Pg. 358 Attachment: Authorization Resolution 11528 (7183 : Parks and Rec Grant Resolution) 2 SECTION 3. The City to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior (Secretary), be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if they find it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
SECTION 4. The City certifies that the City has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed SECTION 5. The City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines for the Project.

SECTION 6. The City Appoints authorizes the City Manager, or designee, as the City’s agent to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the Project.

SECTION 7.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: D4A628F3-BACB-492B-8E08-1EF1576E386A

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Packet Pg. 359 Attachment: Authorization Resolution 11528 (7183 : Parks and Rec Grant Resolution) Adopted and approved this 23rd day of May 2023.

Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11528 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23rd day of May 2023, by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
ATTEST:

Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: D4A628F3-BACB-492B-8E08-1EF1576E386A

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Packet Pg. 360 Attachment: Authorization Resolution 11528 (7183 : Parks and Rec Grant Resolution) 1 City Council Meeting: July 29, 2025 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION

FUND MEMORIAL PARK EXPANSION PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-in-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the City of Santa Monica (City) must certify by resolution approval applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State.

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

SECTION 1. The City Council approves the filing of an application for Land and Water Conservation Fund assistance for the proposed MEMORIAL PARK EXPANSION PROJECT (Project).

SECTION 2. The City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

SECTION 3. The City to abide by 54 U.S.C. §200305(f)(3) which requires, “No

4.H.g
Packet Pg. 361 Attachment: 02-Authorizing_Resolution_CoSM (7183 : Parks and Rec Grant Resolution) 2 property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior (Secretary), be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if they find it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
SECTION 4. The City certifies that the City has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed.

SECTION 5. The City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines for the Project.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

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Packet Pg. 362 Attachment: 02-Authorizing_Resolution_CoSM (7183 : Parks and Rec Grant Resolution) 3 Adopted and approved this 29th day of July 2025.
______________________________
Lana Negrete, Mayor
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. ______ (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 29th day of July 2025, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST: ______________________________
Nikima S. Newsome, City Clerk

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Packet Pg. 363 Attachment: 02-Authorizing_Resolution_CoSM (7183 : Parks and Rec Grant Resolution) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.I
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.

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

On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director to take all actions related to

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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.

On June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), reratifying the Executive Order, the Revised Executive Order, the 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. On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order.

The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth 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

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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, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order. (Attachment A).

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

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

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

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

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

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

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On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.

On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant 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).

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On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. Council further gave direction to phase out suspension of the tenant protection laws for short term rentals and that short term renters are given the same protections as long-term renters in addition to providing support to local restaurants impacted by the fires. (Attachment F).

On March 19, 2025, the 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

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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, 2025, the City Manager issued Fifth Supplement to the Executive Order, which, consistent with Council direction given on March 22, 2025, extended the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 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 to allow for additional flexibility in alcohol sales and service through June 30, 2025. (Attachment J.)
On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order, which extended the provisions of 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 August 30, 2025. (Attachment K.)
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; 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,

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and Fourth Supplements; and Resolution Number 11668 (CCS) on June 10, 2025, reratifying the Executive Order, the First and 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.

Since adoption of Resolution 11668 on June 10, 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, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth 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 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.

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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 K. K-Sixth Supplement Executive Order Local Emergency June 26, 2025

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1 City Council Meeting: July 29, 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

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Packet Pg. 373 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : 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

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Packet Pg. 374 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 3 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
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

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Packet Pg. 375 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 4 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 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

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Packet Pg. 376 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 5 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

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Packet Pg. 377 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : 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 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

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Packet Pg. 378 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 7 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, 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

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Packet Pg. 379 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 8 to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, on April 16, 2025, the Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025; and
WHEREAS, 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

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Packet Pg. 380 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 9 allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
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, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and 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; and WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to extend the provisions of Section 5 to the Second Supplement through August 31, 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

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Packet Pg. 381 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 10 WHEREAS, since adoption of Resolution 11668 on June 10, 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.

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.

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Packet Pg. 382 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 11 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.

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. The Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) is hereby ratified.

SECTION 10. 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 11. 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

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Packet Pg. 383 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 12 protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.

SECTION 12. 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, Fifth and Sixth 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.

SECTION 13. 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, Fifth and Sixth 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, Fifth and Sixth 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, Fifth and Sixth Supplements to the Executive Order, and each and every section, subsection, sentence,

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Packet Pg. 384 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 13 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

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Packet Pg. 385 Attachment: A-Resolution Ratification of Emergency Proclamation and Supplement (Regional Fires) (6978 : Fire Emergency Order Extension) 1 PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

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

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Packet Pg. 386 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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Packet Pg. 387 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and

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Packet Pg. 388 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

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

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

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

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

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Packet Pg. 389 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.

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

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

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

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Packet Pg. 390 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

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

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Packet Pg. 391 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

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

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

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

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Packet Pg. 392 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 8th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

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

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 393 Attachment: B-Executive Order Local Emergency January 8, 2025 (6978 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

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Packet Pg. 394 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire

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Packet Pg. 395 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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

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Packet Pg. 396 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and

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Packet Pg. 397 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

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

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Packet Pg. 398 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.

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

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

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

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

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

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

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Packet Pg. 399 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

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

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Packet Pg. 400 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.

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

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Packet Pg. 401 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

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Packet Pg. 402 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.

ADOPTED this 10th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 403 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (6978 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

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

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

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Packet Pg. 404 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and

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Packet Pg. 405 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and

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Packet Pg. 406 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and

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Packet Pg. 407 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 5 That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.

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

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Packet Pg. 408 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 6 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

IT IS FURTHER PROCLAIMED AND ORDERED THAT:

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

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

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

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Packet Pg. 409 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : 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,

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Packet Pg. 410 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.

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

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

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Packet Pg. 411 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.

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Packet Pg. 412 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.

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

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Packet Pg. 413 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.

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

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Packet Pg. 414 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.

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

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

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

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Packet Pg. 415 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

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

APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 416 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (6978 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

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

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Packet Pg. 417 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and

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Packet Pg. 418 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and

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Packet Pg. 419 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject

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Packet Pg. 420 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant

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Packet Pg. 421 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and

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Packet Pg. 422 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;

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

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Packet Pg. 423 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.

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

IT IS HEREBY ORDERED THAT:

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

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Packet Pg. 424 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:

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

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

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

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

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Packet Pg. 425 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.

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

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

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Packet Pg. 426 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:

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

ADOPTED this 31st day of January 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

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

DOUGLAS SLOAN
City Attorney

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Packet Pg. 427 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (6978 : Fire Emergency Order Extension) 1 City Council Meeting: February 25, 2025 Santa Monica, California RESOLUTION NUMBER 11645 (CCS)
(City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF

LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County, burning over 40,000 acres (the “Regional Fires”); and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, and prompted evacuation orders and warnings and impacted the access routes to the Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 428 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 2 communities affected by the Regional Fires; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 429 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) declaring a local Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 430 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 4 emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the City Manager, in his role as the Director of Emergency Services, issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) (“Exhibit B”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 431 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 432 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 6 Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive Director of Emergency Services related to the protection of life and property.

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

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Packet Pg. 433 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified.

SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified.

SECTION 3. The Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.

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

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

SECTION 6. The City Council authorizes the City Manager, in the Manager’s capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.

SECTION 7. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 434 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 8 review the need to continue the state of emergency at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First Supplement to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and shall remain in full force and effect until the termination of the resolution by the City Council.

SECTION 8. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First Supplement to the Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 9. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 435 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension)

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

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Packet Pg. 436 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 1 PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

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Packet Pg. 437 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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

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Packet Pg. 438 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 439 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 440 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 441 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 442 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 443 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 444 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension)

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

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Packet Pg. 445 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

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Packet Pg. 446 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 447 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.

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Packet Pg. 448 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 449 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 450 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 451 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.

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Packet Pg. 452 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 453 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 454 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 455 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension)

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

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Packet Pg. 456 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

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

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

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Packet Pg. 457 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 458 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 459 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 460 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 461 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 462 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 463 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 464 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 465 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 466 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 467 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 468 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 469 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension)

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

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Packet Pg. 470 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

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Packet Pg. 471 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 472 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 473 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 474 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 475 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 476 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;

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Packet Pg. 477 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 478 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 479 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 480 Attachment: F-Resolution 11645 (CCS) (6978 : 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

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Packet Pg. 481 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) Adopted and approved this 25th day of February, 2025.
__________________________
Lana Negrete, Mayor
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11645 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 25th day of February, 2025, by the following vote:

AYES: Councilmembers Zwick, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Nikima S. Newsome, City Clerk
Docusign Envelope ID: AD8A2285-839E-42D3-92F7-E45D15B8511F

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Packet Pg. 482 Attachment: F-Resolution 11645 (CCS) (6978 : Fire Emergency Order Extension) 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

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Packet Pg. 483 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 484 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 485 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 4 WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 486 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 487 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 488 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 489 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 490 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 491 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.

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

IT HEREBY ORDERED THAT:

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

2. Section 1 of the Second Revised Executive Order as amended by the First Supplement to the Executive Order is hereby amended as follows:

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 492 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : 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

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Packet Pg. 493 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 12 Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days.

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 494 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 13 4. Upon written request, made on or before April 30, 2025, of a hotel or motel subject to the TOT and TMD, and impacted by the regional fires, the Finance Department may grant a 30-day extension for the payment of TOT and TMD due.

5. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or permits issued by the City of Santa Monica, enforcement of the following provisions of Santa Monica Municipal Code Sections 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements, as applicable, are hereby suspended for businesses that: (1) have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code, including, but not limited to, Eating and Drinking Establishments, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8), and Commercial Entertainment and Recreation, Large Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(d), and Small Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(e):

A. Restrictions on hours of operation and hours of alcohol service.

B. Prohibitions against serving alcohol in any disposable container such as disposable plastic or paper cups, except for special events.

C. Limitations on percentage of total gross revenues per year from alcohol sales.

Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 495 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 14 D. Limitations on the number of 3 television screens including video projectors or similar audio/visual devices permitted to be utilized on the premises, including limitations on size of screens.

E. Prohibitions against providing billiard/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.

F. Prohibitions against liquor bottle service, including provisions limiting wine and beer bottle service unless full meal service is provided concurrent with the bottle service, and requirements that all food items shall be available from the full service menu.

For purposes of this provision, bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.

G. Prohibitions against establishments, except for special events, organizing or participating in organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.

H. Requirements that, if a counter service area is provided, food service shall be available at all hours the counter is open for patrons and the counter area shall not function as a separate bar area.

I. Requirements that the primary use of any outdoor dining area shall be for seated meal service and that patrons who are standing in the outdoor seating area shall not be served.

J. For Restaurants, Full Service, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), and Restaurants, Limited-Service and Take-Out, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c):

1. Limitations on the number of indoor or outdoor seats; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1

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Packet Pg. 496 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 15 2. Requirements that the primary use of the premises shall be for sitdown meal service to patrons.

K. For Restaurants with Entertainment subject to the provisions of Santa Monica Municipal Code Section 9.31.290, requirements that:

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

2. The entertainment is provided only in the dining areas; and

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

The provisions of this Section 5 of this Second Supplement shall terminate on April 30, 2025 at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.

ADOPTED this 20th day of March 2025.

ATTEST:
______________________ By: ______________________

NIKIMA NEWSOME
City Clerk

ELAINE POLACHEK
Interim City Manager
Interim Director of Emergency
Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1 3/20/2025
3/20/2025
3/20/2025

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Packet Pg. 497 Attachment: G-Second Supplement to Executive Order Local Emergency March 19, 2025 (6978 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA

THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 498 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 499 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 500 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 4 ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 501 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 502 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 503 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants, and other businesses with outdoor dining options, some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 504 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 505 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 506 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.

WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) suspend enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20 HomeSharing and Vacation Rentals through and including April 18, 2025 and clarify that shortterm rental hosts, home-sharing hosts, or landmarks may not unilaterally terminate rental agreements before the end of the agreed upon rental period, evict or compel a person who has established a tenancy to vacate a rental unit without judicial process, or terminate a tenancy subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by applicable law; 3) expand a 30-day Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 507 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 11 extension for payment of TOT and TMD; and 4) suspend certain provisions of Santa Monica Municipal Code Sections 9.31.280 and 9.31.290 for specified businesses; and WHEREAS, restaurants in the City are reporting ongoing losses of revenue through March 2025 due to the impacts of the Regional Fires and thus discounting license fees by 50% for the month of March for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining will continue to provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help them remain open and support their overall business recovery.

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

IT HEREBY ORDERED THAT:

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

2. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be discounted by 50% for the month of March 2025.

ADOPTED this 28th day of March 2025.
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Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 508 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 12 ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64

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Packet Pg. 509 Attachment: H-Third Supplement to Executive Order Local Emergency March 28, 2025 (6978 : Fire Emergency Order Extension) 1 FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF

EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 510 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 511 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 512 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 513 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E

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Packet Pg. 514 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : 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,

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Packet Pg. 515 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : 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

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Packet Pg. 516 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : 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

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Packet Pg. 517 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : 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

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Packet Pg. 518 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : Fire Emergency Order Extension) 10 3. Schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown shall be eligible for discounted monthly parking passes for the City’s Downtown parking structures pursuant to a pro rata monthly Group Discount Rate for the 35 remaining school days of the Spring 2025 Semester at a rate of $192.50 per parking pass (which equates to a daily rate of $5.50 per day).

4. Modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order shall be of no further force and effect as of April 30, 2025, and no permits shall be issued pursuant to those modified parking regulations after April 30, 2025.

ADOPTED this 16th day of April 2025.
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ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________

DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E 4/16/2025
4/16/2025
4/16/2025

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Packet Pg. 519 Attachment: I-Fourth Supplement Executive Order Local Emergency April 16, 2025 (6978 : 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

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Packet Pg. 520 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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

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Packet Pg. 521 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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

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Packet Pg. 522 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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

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Packet Pg. 523 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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

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Packet Pg. 524 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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,

4.I.j
Packet Pg. 525 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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.I.j
Packet Pg. 526 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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

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Packet Pg. 527 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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. //
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//
//
//
//
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1

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Packet Pg. 528 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : 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

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Packet Pg. 529 Attachment: J-Fifth Supplement Executive Order Local Emergency April 29, 2025 (6978 : Fire Emergency Order Extension) 1 SIXTH 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 530 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 531 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 532 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 533 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 534 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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,

4.I.k
Packet Pg. 535 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.I.k
Packet Pg. 536 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 537 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : 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, 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, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and 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; 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, 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, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 538 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : Fire Emergency Order Extension) 10 WHEREAS further extending 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, 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, Fourth and Fifth Supplements, and this Sixth Supplement.

2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:

A. Within the City’s non-residential zones:

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 or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s nonDocusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

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Packet Pg. 539 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : Fire Emergency Order Extension) 11 residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and

2. in addition, small 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 without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.

B. Within the City’s Residential Zones, 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; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.

C. 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.

D. 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 Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB

4.I.k
Packet Pg. 540 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : Fire Emergency Order Extension) 12 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on August 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.

ADOPTED this 26th day of June 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: 507CD99A-1B65-40BF-A691-63FA9E08A6CB 6/26/2025
6/26/2025
6/26/2025

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Packet Pg. 541 Attachment: K-Sixth Supplement Executive Order Local Emergency June 26, 2025 (6978 : Fire Emergency Order Extension) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.J
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying Homelessness Emergency Proclamation Recommended Action
Staff recommends that the City Council:

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

2. Adopt the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

Executive Summary
On March 11, 2025, in accordance with Santa Monica Municipal Code (SMMC) Chapter

2.16, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”).

Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Accordingly, this staff report recommends adopting the attached Resolution ratifying the 2025 Proclamation. (Attachment A).

Discussion
On February 14, 2023, the City Council adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region. On May 14, 2024, the City Council

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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, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation. On June 10, 2025, the City Council adopted Resolution Number 11669 (CCS), re-ratifying the 2025 Proclamation.

Staff now recommends that Council adopt the attached resolution re-ratifying the 2025 Proclamation declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
The 2025 Proclamation Declaring a Local Emergency on Homelessness would have no effect on the environment, and therefore, is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Fiscal Impacts
None.

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Prepared By: Heidi Von Tongeln, Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. Resolution re State of Emergency on Homelessness 07.29.25

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1 City Council Meeting: July 29, 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.J.a
Packet Pg. 545 Attachment: Resolution re State of Emergency on Homelessness 07.29.25 (6989 : 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.J.a
Packet Pg. 546 Attachment: Resolution re State of Emergency on Homelessness 07.29.25 (6989 : 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, on June 10. 2025, the City Council adopted Resolution Number 11669 (CCS), re-ratifying the 2025 Proclamation; and
WHEREAS the findings included in the 2025 Proclamation are included herein as if stated in full.

4.J.a
Packet Pg. 547 Attachment: Resolution re State of Emergency on Homelessness 07.29.25 (6989 : Homelessness Emergency Proclamation) 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (“Exhibit A”) is hereby ratified.

SECTION 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and 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

4.J.a
Packet Pg. 548 Attachment: Resolution re State of Emergency on Homelessness 07.29.25 (6989 : Homelessness Emergency Proclamation) 5 phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

4.J.a
Packet Pg. 549 Attachment: Resolution re State of Emergency on Homelessness 07.29.25 (6989 : Homelessness Emergency Proclamation) City Council
Report
City Council Meeting: July 29, 2025
Agenda Item: 4.K
1 of 7
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 Municipal Employees Association (MEA), Supervisory Team Associates (STA), and the Administrative Team Associates (ATA)
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 Municipal Employees Association (MEA), Supervisory Team Associates (STA), and the Administrative Team Associates (ATA);

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

4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report. (requires 5 votes)
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) was set to expire on June 30, 2025. Negotiations were conducted in good faith over the past several months between designated City representatives and representatives of each of the bargaining units. Negotiations between the City and ATA, STA, and MEA, have resulted in tentative agreements (TA) regarding successor MOU agreements with each bargaining unit. All groups finalized the ratification voting process

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approving the terms of their respective TA.

City staff recommend that the Council approve the ratified TAs to enter into successor MOUs between the City and these bargaining units.

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 seven bargaining units and is still in negotiations with four other employee organizations (often referred to as bargaining groups or unions) whose contracts with the City expired 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:

Municipal Employees Association (MEA)
The Municipal Employees Association (MEA) represents 441 non-exempt general employees, including clerical staff, technical staff, and paraprofessionals. • 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, and July 1, 2028; and 3.5% effective July 1, 2029 • Suspension of equity study language for term of agreement with one agreed upon equity adjustment for the Police Records Technician and Lead Police Records Technician classifications in the amount of 5% in year one of the contract.
• One time compensation study for MEA positions that have not been studied in the prior three years as of July 1, 2025; study to be completed by June 30, 2028. • Increase of Overtime Compensation Time cap to 120 hours. • Increase Shift Differential to $2 per hour or to $2.50 per hour depending on shift. • Increase Spanish bilingual skill pay to $150 per month for those who work in emergency situations (based on job classifications).
• Increase Latent Print Examiner Certification bonus to $75 bi-weekly.

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• Increase Community Services Officer assigned to the Major Accident Response Team (MART) bonus to $100 bi-weekly.
• Increase Crime Scene Certification bonus to $75 bi-weekly. • Addition of Certified Access Specialist (CASp) bonus to $75 bi-weekly for employees assigned to Building and Safety Plan Review and possess a CASp certification.
• Addition of Biohazard and Safety Pay of $75 bi-weekly for certain MEA classifications
• New classifications added to receive Water Certification bonus • Addition of Education Incentive of 2% base hourly rate for a Bachelors degree effective July 1, 2025, 3% base hourly rate effective July 1, 2027, and 5% base hourly rate effective July 1, 2029; and 1% base hourly rate for Associates degree effective July 2025, and 2% base hourly rate effective July 1, 2027. • Increase Training Pay to $3.50 per hour.
• Increase Tuition Reimbursement to $3,500 per Fiscal Year. • Increase City’s Deferred Compensation match to $100/month effective July 1, 2025; and $125/month effective July 1, 2029
• Increase Uniform Allowance to $35 bi-weekly
• Increase City-provided Term Life Insurance to $100,000 • Addition of one non-cashable Floating Holiday
• Addition of Special Assignment Pay of 5% base hourly rate. • Addition of a one-time Health and Wellness bonus of $1,000 effective July 1, 2025.
• Add Veteran’s Day as paid holiday.
• One-time bonus of $1,000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave upon retirement.

Supervisory Team Associates (STA)
The STA represents 104 non-exempt supervisors in various departments. • Term of Agreement: July 1, 2025, through June 30, 2030 • Cost of Living Adjustments: 2% effective July 1, 2025, and July 1, 2026; 3%

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effective July 1, 2027; 4% effective July 1, 2028, and July 1, 2029 • Suspension of equity study language for term of agreement • One time compensation study for STA positions that have not been studied in the prior three years as of July 1, 2025; study to be completed by July 1, 2028.

Compaction analysis of STA positions to be completed by July 1, 2029. • Option to cash out accrued compensatory time off at the rate earned on June 30th and December 30th of each year
• Increase Shift Differential to $2.50 per hour or to $2.75 per hour depending on shift.
• Increase Call Back Pay to a 4-hour minimum and increase the bi-weekly amount to $50 for employees outside of the Police or Fire Departments • Increase Deferred Compensation employer contribution to $125 per month • Increase Uniform allowance to $35 biweekly and $400 for shoes per year • Increase the number of personal leave hours an employee may accrue to 100 hours
• Addition of Temporary Hazard Assignment Bonus of $2 per hour when temporarily performing the duties of a subordinate employee who is eligible for and receives hazard pay.
• HoST Assignment Bonus - a Supervisor who is assigned full-time to oversee the City team responsible for homeless clean-up efforts as part of the Homeless Support Team (HoST) shall receive a bi-weekly bonus equal to 7% of their biweekly base salary rate. • New classifications added to receive Water Certification bonus • Add Veteran’s Day as paid holiday.
• One-time bonus of $1,000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave upon retirement.

Administrative Team Associates (ATA)
The ATA represents 314 exempt administrative employees in various departments. • Term of Agreement: July 1, 2025, through June 30, 2030 • Cost of Living Adjustments: 2% effective July 1, 2025, and July 1, 2026; 3%

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effective July 1, 2027; 4% effective July 1, 2028; and 3.5% effective July 1, 2029 • One time compensation study for ATA positions that have not been studied in the prior three years as of July 1, 2025; study to be completed by June 30, 2028. • Suspension of equity study language for term of the contract • Expand Special Event/Operational Emergency Pay to include assignments approved by Department Director to the Emergency Operations Center (EOC) during citywide emergency.
• Addition of Certified Access Specialist (CASp) $23.08 bi-weekly bonus for employees assigned to Building and Safety Plan Review and possess a CASp certification.
• Increase of Portal-to-Portal pay at the Cal OES reimbursable rate of 1.5 times the hourly pay (overtime rate) as detailed in the Cal OES Annual Salary Survey • Increase Deferred Compensation employer contribution to $69.24 biweekly • Additional 3 non-cashable leave days that sunset at the end of 5 years (i.e., the term of the agreement)
• Addition of On-call Pay for all employees placed on call to receive 8% of base hourly rate (excludes Administrators in the Police Department) • Addition of Specialty Deployment pay in the biweekly amount of $415 for Administrators in the Police Department.
• New classifications added to be eligible to receive 20 hours of non-cashable personal leave
• New classifications added to eligible to receive Water Certification bonus • Add Veteran’s Day as paid holiday.
• One-time bonus of $1,000 effective July 1, 2025
• Ability to cash out 25% of Sick Leave upon retirement.

Environmental Review
The changes to staff compensation and benefits 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

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where there will be no demonstrable physical changes outside the place of work.

Financial Impacts and Budget Actions
The total cost of the negotiated changes contained in the tentative agreements presented in this report is approximately $5.3 million for FY 2025-26, which includes $4.1 million in the General Fund. The full impact of these changes will be incorporated 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.

Fund # Fund Name FY 2025-26 Total
01 General Fund $4,122,798
11 Beach Recreation Fund $49,987
12 Housing Authority Fund $75,917
50 Water Fund $155,246
51 Wastewater Fund $37,417
53 Pier Fund $208,016
54 Resource Recovery & Recycling Fund $92,978
57 Airport Fund $59,802
59 Cemetery Fund $31,114
60 Big Blue Bus Fund $400,705
70 Vehicle Management Fund $30,134
75 Risk Management Administration Fund $57,655
Total all funds $5,321,769

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Prepared By: Doris Mejia, Senior Human Resources Analyst Approved Forwarded to Council
Attachments:

A. Resolution_ATASTAMEA
B. Salary Schedule ATA STA MEA 7.29.25
C. Written Comments

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1 City Council Meeting: July 29, 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 ADMINISTRATIVE

TEAM ASSOCIATES (ATA), SUPERVISORY TEAM ASSOCIATION (STA), AND

MUNICIPAL EMPLOYEES ASSOCIATION (MEA)
WHEREAS, authorized representatives of the City administration and the Administrative Team Associates (ATA), Supervisory Team Association (STA), and Municipal Employees Association (MEA), 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 29, 2025, the tentative agreements reached between authorized representatives of the City administration and ATA, STA, and MEA 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

4.K.a
Packet Pg. 557 Attachment: Resolution_ATASTAMEA (7171 : Labor Negotiations: ATA MEA, STA) 2 WHEREAS, the purpose of each Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and ATA, STA, and MEA, 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 Administrative Team Associates (ATA) and authorizes the City Manager to execute a Memorandum of Understanding with ATA (FY2025-30), 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 Supervisory Team Association (STA) and authorizes the City Manager to execute a Memorandum of Understanding with STA (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 Municipal Employees Association (MEA) and authorizes the City Manager to execute a Memorandum of Understanding with MEA (FY2025-30), in accordance with this agreement.

4.K.a
Packet Pg. 558 Attachment: Resolution_ATASTAMEA (7171 : Labor Negotiations: ATA MEA, STA) 3 SECTION 4.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.K.a
Packet Pg. 559 Attachment: Resolution_ATASTAMEA (7171 : Labor Negotiations: ATA MEA, STA) Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 517 1 32.72 5,672.00 68,064.00 2,617.85
517 2 34.34 5,953.00 71,436.00 2,747.54
517 3 36.36 6,303.00 75,636.00 2,909.08
517 4 38.38 6,653.00 79,836.00 3,070.62
517 5 40.40 7,003.00 84,036.00 3,232.15
517 1 32.72 5,672.00 68,064.00 2,617.85
517 2 34.34 5,953.00 71,436.00 2,747.54
517 3 36.36 6,303.00 75,636.00 2,909.08
517 4 38.38 6,653.00 79,836.00 3,070.62
517 5 40.40 7,003.00 84,036.00 3,232.15
517 1 32.72 5,672.00 68,064.00 2,617.85
517 2 34.34 5,953.00 71,436.00 2,747.54
517 3 36.36 6,303.00 75,636.00 2,909.08
517 4 38.38 6,653.00 79,836.00 3,070.62
517 5 40.40 7,003.00 84,036.00 3,232.15
517 1 32.72 5,672.00 68,064.00 2,617.85
517 2 34.34 5,953.00 71,436.00 2,747.54
517 3 36.36 6,303.00 75,636.00 2,909.08
517 4 38.38 6,653.00 79,836.00 3,070.62
517 5 40.40 7,003.00 84,036.00 3,232.15
203 1 26.94 4,670.00 56,040.00 2,155.38
203 2 28.27 4,900.00 58,800.00 2,261.54
203 3 29.94 5,189.00 62,268.00 2,394.92
203 4 31.60 5,477.00 65,724.00 2,527.85
203 5 33.26 5,765.00 69,180.00 2,660.77
203 1 26.94 4,670.00 56,040.00 2,155.38
203 2 28.27 4,900.00 58,800.00 2,261.54
203 3 29.94 5,189.00 62,268.00 2,394.92
203 4 31.60 5,477.00 65,724.00 2,527.85
203 5 33.26 5,765.00 69,180.00 2,660.77
287 1 35.41 6,137.00 73,644.00 2,832.46
287 2 37.15 6,440.00 77,280.00 2,972.31
287 3 39.34 6,819.00 81,828.00 3,147.23
287 4 41.53 7,198.00 86,376.00 3,322.15
287 5 43.71 7,577.00 90,924.00 3,497.08
281 1 30.24 5,242.00 62,904.00 2,419.38
281 2 31.74 5,501.00 66,012.00 2,538.92
281 3 33.61 5,825.00 69,900.00 2,688.46
281 4 35.47 6,148.00 73,776.00 2,837.54
281 5 37.34 6,472.00 77,664.00 2,987.08
470 1 32.16 5,575.00 66,900.00 2,573.08
470 2 33.76 5,851.00 70,212.00 2,700.46
470 3 35.74 6,195.00 74,340.00 2,859.23
470 4 37.73 6,539.00 78,468.00 3,018.00
470 5 39.71 6,883.00 82,596.00 3,176.77
470 1 32.16 5,575.00 66,900.00 2,573.08
470 2 33.76 5,851.00 70,212.00 2,700.46
470 3 35.74 6,195.00 74,340.00 2,859.23
470 4 37.73 6,539.00 78,468.00 3,018.00
470 5 39.71 6,883.00 82,596.00 3,176.77
250 1 28.21 4,889.00 58,668.00 2,256.46
250 2 29.60 5,131.00 61,572.00 2,368.15
250 3 31.34 5,432.00 65,184.00 2,507.08
250 4 33.08 5,734.00 68,808.00 2,646.46
250 5 34.82 6,036.00 72,432.00 2,785.85
487 1 32.33 5,603.00 67,236.00 2,586.00
487 2 33.92 5,879.00 70,548.00 2,713.38
487 3 35.91 6,225.00 74,700.00 2,873.08
487 4 37.91 6,571.00 78,852.00 3,032.77
487 5 39.91 6,917.00 83,004.00 3,192.46
690 1 36.25 6,283.00 75,396.00 2,899.85
690 2 38.04 6,593.00 79,116.00 3,042.92
690 3 40.28 6,981.00 83,772.00 3,222.00
690 4 42.51 7,369.00 88,428.00 3,401.08
690 5 44.75 7,757.00 93,084.00 3,580.15
BUILDING SYSTEMS TECHNICIAN 4013 MEA
BUILDING &SAFETY PERMIT SPC I 4011 MEA
BUILDING &SAFETY PERMIT SPC II 4012 MEA
AQUATICS PROGRAM COORDINATOR 4009 MEA
BILLING SPECIALIST 4010 MEA
9193 MEA
ANIMAL CARE ATTENDANT 4007 MEA
9034 MEA
ANIMAL CONTROL OFFICER 4008 MEA
ADMIN STAFF ASST AT-WILL 4228 MEA
ADMIN STAFF ASST-CITY MGR'S OF 4002 MEA
City of Santa Monica MUNICIPAL EMPLOYEES ASSOCIATION
Salary Schedule for July 29, 2025 City Council Meeting
Class Title
ADMIN STAFF ASSISTANT 4001 MEA
9073 MEA

4.K.b
Packet Pg. 560 Attachment: Salary Schedule ATA STA MEA 7.29.25 [Revision 1] (7171 : Labor Negotiations: ATA MEA, STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 639 1 35.48 6,150.00 73,800.00 2,838.46
639 2 37.23 6,453.00 77,436.00 2,978.31
639 3 39.42 6,833.00 81,996.00 3,153.69
639 4 41.61 7,212.00 86,544.00 3,328.62
639 5 43.80 7,592.00 91,104.00 3,504.00
639 1 35.48 6,150.00 73,800.00 2,838.46
639 2 37.23 6,453.00 77,436.00 2,978.31
639 3 39.42 6,833.00 81,996.00 3,153.69
639 4 41.61 7,212.00 86,544.00 3,328.62
639 5 43.80 7,592.00 91,104.00 3,504.00
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
854 1 39.68 6,877.00 82,524.00 3,174.00
854 2 41.64 7,217.00 86,604.00 3,330.92
854 3 44.08 7,641.00 91,692.00 3,526.62
854 4 46.53 8,066.00 96,792.00 3,722.77
854 5 48.98 8,490.00 101,880.00 3,918.46
250 1 28.21 4,889.00 58,668.00 2,256.46
250 2 29.60 5,131.00 61,572.00 2,368.15
250 3 31.34 5,432.00 65,184.00 2,507.08
250 4 33.08 5,734.00 68,808.00 2,646.46
250 5 34.82 6,036.00 72,432.00 2,785.85
250 1 28.21 4,889.00 58,668.00 2,256.46
250 2 29.60 5,131.00 61,572.00 2,368.15
250 3 31.34 5,432.00 65,184.00 2,507.08
250 4 33.08 5,734.00 68,808.00 2,646.46
250 5 34.82 6,036.00 72,432.00 2,785.85
252 1 28.25 4,897.00 58,764.00 2,260.15
252 2 29.65 5,139.00 61,668.00 2,371.85
252 3 31.39 5,441.00 65,292.00 2,511.23
252 4 33.14 5,744.00 68,928.00 2,651.08
252 5 34.88 6,046.00 72,552.00 2,790.46
252 1 28.25 4,897.00 58,764.00 2,260.15
252 2 29.65 5,139.00 61,668.00 2,371.85
252 3 31.39 5,441.00 65,292.00 2,511.23
252 4 33.14 5,744.00 68,928.00 2,651.08
252 5 34.88 6,046.00 72,552.00 2,790.46
661 1 35.79 6,203.00 74,436.00 2,862.92
661 2 37.55 6,509.00 78,108.00 3,004.15
661 3 39.76 6,892.00 82,704.00 3,180.92
661 4 41.97 7,275.00 87,300.00 3,357.69
661 5 44.18 7,658.00 91,896.00 3,534.46
661 1 35.79 6,203.00 74,436.00 2,862.92
661 2 37.55 6,509.00 78,108.00 3,004.15
661 3 39.76 6,892.00 82,704.00 3,180.92
661 4 41.97 7,275.00 87,300.00 3,357.69
661 5 44.18 7,658.00 91,896.00 3,534.46
673 1 35.97 6,235.00 74,820.00 2,877.69
673 2 37.74 6,542.00 78,504.00 3,019.38
673 3 39.96 6,927.00 83,124.00 3,197.08
673 4 42.18 7,312.00 87,744.00 3,374.77
673 5 44.41 7,697.00 92,364.00 3,552.46
941 1 42.12 7,301.00 87,612.00 3,369.69
941 2 44.20 7,661.00 91,932.00 3,535.85
941 3 46.80 8,112.00 97,344.00 3,744.00
941 4 49.40 8,562.00 102,744.00 3,951.69
941 5 52.00 9,013.00 108,156.00 4,159.85
487 1 32.33 5,603.00 67,236.00 2,586.00
487 2 33.92 5,879.00 70,548.00 2,713.38
487 3 35.91 6,225.00 74,700.00 2,873.08
487 4 37.91 6,571.00 78,852.00 3,032.77
487 5 39.91 6,917.00 83,004.00 3,192.46
487 1 32.33 5,603.00 67,236.00 2,586.00
487 2 33.92 5,879.00 70,548.00 2,713.38
487 3 35.91 6,225.00 74,700.00 2,873.08
487 4 37.91 6,571.00 78,852.00 3,032.77
487 5 39.91 6,917.00 83,004.00 3,192.46
CODE ENFORCEMENT OFFICER II 4022 MEA
CODE ENFORCEMENT SPECIALIST 4023 MEA
9156 MEA
CLIENT SERVICES TECHNICIAN 4224 MEA
9192 MEA
CODE ENFORCEMENT OFFICER I 4021 MEA
CEMETERY SERVICES REP 4017 MEA
9125 MEA
CHIEF POOL LIFEGUARD 4018 MEA
9037 MEA
BUSINESS LICENSE INSPECTOR 4181 MEA
BUYER 4015 MEA
BUSINESS ASSISTANT 4014 MEA
9187 MEA

4.K.b
Packet Pg. 561 Attachment: Salary Schedule ATA STA MEA 7.29.25 [Revision 1] (7171 : Labor Negotiations: ATA MEA, STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 787 1 38.23 6,626.00 79,512.00 3,058.15
787 2 40.11 6,953.00 83,436.00 3,209.08
787 3 42.47 7,362.00 88,344.00 3,397.85
787 4 44.83 7,771.00 93,252.00 3,586.62
787 5 47.19 8,180.00 98,160.00 3,775.38
973 1 43.70 7,574.00 90,888.00 3,495.69
973 2 45.85 7,948.00 95,376.00 3,668.31
973 3 48.55 8,415.00 100,980.00 3,883.85
973 4 51.25 8,883.00 106,596.00 4,099.85
973 5 53.94 9,350.00 112,200.00 4,315.38
4026 MEA 981 1 58.42 10,126.00 121,512.00 4,673.54
552 1 34.15 5,919.00 71,028.00 2,731.85
552 2 35.83 6,211.00 74,532.00 2,866.62
552 3 37.94 6,576.00 78,912.00 3,035.08
552 4 40.05 6,942.00 83,304.00 3,204.00
552 5 42.16 7,307.00 87,684.00 3,372.46
552 1 34.15 5,919.00 71,028.00 2,731.85
552 2 35.83 6,211.00 74,532.00 2,866.62
552 3 37.94 6,576.00 78,912.00 3,035.08
552 4 40.05 6,942.00 83,304.00 3,204.00
552 5 42.16 7,307.00 87,684.00 3,372.46
552 1 34.15 5,919.00 71,028.00 2,731.85
552 2 35.83 6,211.00 74,532.00 2,866.62
552 3 37.94 6,576.00 78,912.00 3,035.08
552 4 40.05 6,942.00 83,304.00 3,204.00
552 5 42.16 7,307.00 87,684.00 3,372.46
552 1 34.15 5,919.00 71,028.00 2,731.85
552 2 35.83 6,211.00 74,532.00 2,866.62
552 3 37.94 6,576.00 78,912.00 3,035.08
552 4 40.05 6,942.00 83,304.00 3,204.00
552 5 42.16 7,307.00 87,684.00 3,372.46
914 1 41.33 7,164.00 85,968.00 3,306.46
914 2 43.37 7,518.00 90,216.00 3,469.85
914 3 45.93 7,961.00 95,532.00 3,674.31
914 4 48.48 8,403.00 100,836.00 3,878.31
914 5 51.03 8,845.00 106,140.00 4,082.31
164 1 25.68 4,452.00 53,424.00 2,054.77
164 2 26.95 4,672.00 56,064.00 2,156.31
164 3 28.53 4,946.00 59,352.00 2,282.77
164 4 30.12 5,221.00 62,652.00 2,409.69
164 5 31.71 5,496.00 65,952.00 2,536.62
450 1 32.82 5,688.00 68,256.00 2,625.23
450 2 34.44 5,969.00 71,628.00 2,754.92
450 3 36.46 6,320.00 75,840.00 2,916.92
450 4 38.49 6,671.00 80,052.00 3,078.92
450 5 40.51 7,022.00 84,264.00 3,240.92
420 1 30.79 5,337.00 64,044.00 2,463.23
420 2 32.31 5,601.00 67,212.00 2,585.08
420 3 34.21 5,930.00 71,160.00 2,736.92
420 4 36.12 6,260.00 75,120.00 2,889.23
420 5 38.01 6,589.00 79,068.00 3,041.08
420 1 30.79 5,337.00 64,044.00 2,463.23
420 2 32.31 5,601.00 67,212.00 2,585.08
420 3 34.21 5,930.00 71,160.00 2,736.92
420 4 36.12 6,260.00 75,120.00 2,889.23
420 5 38.01 6,589.00 79,068.00 3,041.08
164 1 25.68 4,452.00 53,424.00 2,054.77
164 2 26.95 4,672.00 56,064.00 2,156.31
164 3 28.53 4,946.00 59,352.00 2,282.77
164 4 30.12 5,221.00 62,652.00 2,409.69
164 5 31.71 5,496.00 65,952.00 2,536.62
164 1 25.68 4,452.00 53,424.00 2,054.77
164 2 26.95 4,672.00 56,064.00 2,156.31
164 3 28.53 4,946.00 59,352.00 2,282.77
164 4 30.12 5,221.00 62,652.00 2,409.69
164 5 31.71 5,496.00 65,952.00 2,536.62
252 1 28.25 4,897.00 58,764.00 2,260.15
252 2 29.65 5,139.00 61,668.00 2,371.85
252 3 31.39 5,441.00 65,292.00 2,511.23
252 4 33.14 5,744.00 68,928.00 2,651.08
252 5 34.88 6,046.00 72,552.00 2,790.46
COURT SERVICES COORDINATOR 4041 MEA
COMMUNITY SVS PROGRAM COORD 4034 MEA
9040 MEA
COMMUNITY SVS PROGRAM SPEC 4035 MEA
9041 MEA
COMMUNITY GARDEN PROGRAM SPEC 4032 MEA
COMMUNITY SERVICES OFFICER 4033 MEA
COMMUNICATIONS OPER-POLICE 4030 MEA
9039 MEA
COMMUNICATIONS SYSTEM TECH 4031 MEA

COMBINATION BUILDING INSP III
COMMUNICATIONS OPERATOR 4027 MEA
9038 MEA
COMBINATION BUILDING INSP I 4024 MEA
COMBINATION BUILDING INSP II 4025 MEA

4.K.b
Packet Pg. 562 Attachment: Salary Schedule ATA STA MEA 7.29.25 [Revision 1] (7171 : Labor Negotiations: ATA MEA, STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 914 1 41.33 7,164.00 85,968.00 3,306.46
914 2 43.37 7,518.00 90,216.00 3,469.85
914 3 45.93 7,961.00 95,532.00 3,674.31
914 4 48.48 8,403.00 100,836.00 3,878.31
914 5 51.03 8,845.00 106,140.00 4,082.31
914 1 41.33 7,164.00 85,968.00 3,306.46
914 2 43.37 7,518.00 90,216.00 3,469.85
914 3 45.93 7,961.00 95,532.00 3,674.31
914 4 48.48 8,403.00 100,836.00 3,878.31
914 5 51.03 8,845.00 106,140.00 4,082.31
276 1 28.63 4,963.00 59,556.00 2,290.62
276 2 30.05 5,208.00 62,496.00 2,403.69
276 3 31.81 5,514.00 66,168.00 2,544.92
276 4 33.58 5,821.00 69,852.00 2,686.62
276 5 35.35 6,127.00 73,524.00 2,827.85
276 1 28.63 4,963.00 59,556.00 2,290.62
276 2 30.05 5,208.00 62,496.00 2,403.69
276 3 31.81 5,514.00 66,168.00 2,544.92
276 4 33.58 5,821.00 69,852.00 2,686.62
276 5 35.35 6,127.00 73,524.00 2,827.85
548 1 32.84 5,693.00 68,316.00 2,627.54
548 2 34.47 5,974.00 71,688.00 2,757.23
548 3 36.49 6,325.00 75,900.00 2,919.23
548 4 38.52 6,677.00 80,124.00 3,081.69
548 5 40.55 7,028.00 84,336.00 3,243.69
250 1 28.21 4,889.00 58,668.00 2,256.46
250 2 29.60 5,131.00 61,572.00 2,368.15
250 3 31.34 5,432.00 65,184.00 2,507.08
250 4 33.08 5,734.00 68,808.00 2,646.46
250 5 34.82 6,036.00 72,432.00 2,785.85
250 1 28.21 4,889.00 58,668.00 2,256.46
250 2 29.60 5,131.00 61,572.00 2,368.15
250 3 31.34 5,432.00 65,184.00 2,507.08
250 4 33.08 5,734.00 68,808.00 2,646.46
250 5 34.82 6,036.00 72,432.00 2,785.85
250 1 28.21 4,889.00 58,668.00 2,256.46
250 2 29.60 5,131.00 61,572.00 2,368.15
250 3 31.34 5,432.00 65,184.00 2,507.08
250 4 33.08 5,734.00 68,808.00 2,646.46
250 5 34.82 6,036.00 72,432.00 2,785.85
774 1 37.98 6,584.00 79,008.00 3,038.77
774 2 39.86 6,909.00 82,908.00 3,188.77
774 3 42.20 7,315.00 87,780.00 3,376.15
774 4 44.55 7,722.00 92,664.00 3,564.00
774 5 46.89 8,128.00 97,536.00 3,751.38
687 1 36.22 6,278.00 75,336.00 2,897.54
687 2 38.01 6,588.00 79,056.00 3,040.62
687 3 40.24 6,975.00 83,700.00 3,219.23
687 4 42.48 7,363.00 88,356.00 3,398.31
687 5 44.71 7,750.00 93,000.00 3,576.92
580 1 34.31 5,947.00 71,364.00 2,744.77
580 2 36.01 6,241.00 74,892.00 2,880.46
580 3 38.12 6,608.00 79,296.00 3,049.85
580 4 40.24 6,975.00 83,700.00 3,219.23
580 5 42.36 7,342.00 88,104.00 3,388.62
941 1 42.12 7,301.00 87,612.00 3,369.69
941 2 44.20 7,661.00 91,932.00 3,535.85
941 3 46.80 8,112.00 97,344.00 3,744.00
941 4 49.40 8,562.00 102,744.00 3,951.69
941 5 52.00 9,013.00 108,156.00 4,159.85
639 1 35.48 6,150.00 73,800.00 2,838.46
639 2 37.23 6,453.00 77,436.00 2,978.31
639 3 39.42 6,833.00 81,996.00 3,153.69
639 4 41.61 7,212.00 86,544.00 3,328.62
639 5 43.80 7,592.00 91,104.00 3,504.00
639 1 35.48 6,150.00 73,800.00 2,838.46
639 2 37.23 6,453.00 77,436.00 2,978.31
639 3 39.42 6,833.00 81,996.00 3,153.69
639 4 41.61 7,212.00 86,544.00 3,328.62
639 5 43.80 7,592.00 91,104.00 3,504.00
ENVIRONMENTAL & SAFETY INSP SP 4163 MEA
EVENT COORDINATOR 4051 MEA
9045 MEA
EMPLOYEE BENEFITS SPECIALIST 4047 MEA
ENGINEERING TECHNICIAN 4049 MEA
CUSTOMER SERVICES ASST AT-WILL 4227 MEA
DEPUTY CITY CLERK 4046 MEA
CUSTODY OFFICER 4211 MEA
CUSTOMER SERVICES ASSISTANT 4045 MEA
9042 MEA
CRIMINAL INVESTIGATNS SUP SPEC 4043 MEA
CULTURAL AFFAIRS COORDINATOR 4044 MEA
9116 MEA
CRIME PREVENTION COORD 4042 MEA

4.K.b
Packet Pg. 563 Attachment: Salary Schedule ATA STA MEA 7.29.25 [Revision 1] (7171 : Labor Negotiations: ATA MEA, STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 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
290 1 29.01 5,028.00 60,336.00 2,320.62
290 2 30.44 5,276.00 63,312.00 2,435.08
290 3 32.23 5,586.00 67,032.00 2,578.15
290 4 34.02 5,897.00 70,764.00 2,721.69
290 5 35.81 6,207.00 74,484.00 2,864.77
290 1 29.01 5,028.00 60,336.00 2,320.62
290 2 30.44 5,276.00 63,312.00 2,435.08
290 3 32.23 5,586.00 67,032.00 2,578.15
290 4 34.02 5,897.00 70,764.00 2,721.69
290 5 35.81 6,207.00 74,484.00 2,864.77
391 1 30.25 5,243.00 62,916.00 2,419.85
391 2 31.74 5,502.00 66,024.00 2,539.38
391 3 33.61 5,826.00 69,912.00 2,688.92
391 4 35.48 6,149.00 73,788.00 2,838.00
391 5 37.34 6,473.00 77,676.00 2,987.54
391 1 30.25 5,243.00 62,916.00 2,419.85
391 2 31.74 5,502.00 66,024.00 2,539.38
391 3 33.61 5,826.00 69,912.00 2,688.92
391 4 35.48 6,149.00 73,788.00 2,838.00
391 5 37.34 6,473.00 77,676.00 2,987.54
421 1 37.15 6,440.00 77,280.00 2,972.31
421 2 38.99 6,758.00 81,096.00 3,119.08
421 3 41.28 7,155.00 85,860.00 3,302.31
421 4 43.58 7,553.00 90,636.00 3,486.00
421 5 45.87 7,950.00 95,400.00 3,669.23
856 1 44.58 7,727.00 92,724.00 3,566.31
856 2 46.78 8,108.00 97,296.00 3,742.15
856 3 49.53 8,585.00 103,020.00 3,962.31
856 4 52.28 9,062.00 108,744.00 4,182.46
856 5 55.03 9,539.00 114,468.00 4,402.62
673 1 35.97 6,235.00 74,820.00 2,877.69
673 2 37.74 6,542.00 78,504.00 3,019.38
673 3 39.96 6,927.00 83,124.00 3,197.08
673 4 42.18 7,312.00 87,744.00 3,374.77
673 5 44.41 7,697.00 92,364.00 3,552.46
941 1 42.12 7,301.00 87,612.00 3,369.69
941 2 44.20 7,661.00 91,932.00 3,535.85
941 3 46.80 8,112.00 97,344.00 3,744.00
941 4 49.40 8,562.00 102,744.00 3,951.69
941 5 52.00 9,013.00 108,156.00 4,159.85
839 1 40.63 7,042.00 84,504.00 3,250.15
839 2 42.63 7,390.00 88,680.00 3,410.77
839 3 45.14 7,825.00 93,900.00 3,611.54
839 4 47.65 8,259.00 99,108.00 3,811.85
839 5 50.16 8,694.00 104,328.00 4,012.62
922 1 41.55 7,202.00 86,424.00 3,324.00
922 2 43.60 7,557.00 90,684.00 3,487.85
922 3 46.17 8,002.00 96,024.00 3,693.23
922 4 48.73 8,446.00 101,352.00 3,898.15
922 5 51.29 8,891.00 106,692.00 4,103.54
934 1 41.91 7,265.00 87,180.00 3,353.08
934 2 43.98 7,624.00 91,488.00 3,518.77
934 3 46.57 8,072.00 96,864.00 3,725.54
934 4 49.16 8,521.00 102,252.00 3,932.77
934 5 51.74 8,969.00 107,628.00 4,139.54
290 1 29.01 5,028.00 60,336.00 2,320.62
290 2 30.44 5,276.00 63,312.00 2,435.08
290 3 32.23 5,586.00 67,032.00 2,578.15
290 4 34.02 5,897.00 70,764.00 2,721.69
290 5 35.81 6,207.00 74,484.00 2,864.77
290 1 29.01 5,028.00 60,336.00 2,320.62
290 2 30.44 5,276.00 63,312.00 2,435.08
290 3 32.23 5,586.00 67,032.00 2,578.15
290 4 34.02 5,897.00 70,764.00 2,721.69
290 5 35.81 6,207.00 74,484.00 2,864.77
FISCAL STAFF ASST II 4062 MEA
9123 MEA
FIRE PREVENTION COORDINATOR 4216 MEA
FIREFIGHTER RECRUIT 4060 MEA
FIRE CODE ENFORCEMT OFFICER II 4058 MEA
FIRE FACILITES & MAINT COORD 4165 MEA
FIELD INSPECTOR II 4056 MEA
FIRE CODE ENFORCEMT OFFICER I 4057 MEA
FARMERS' MARKET COORDINATOR I 4054 MEA
9046 MEA
FIELD INSPECTOR I 4055 MEA
EXECUTIVE ADMIN ASST 4052 MEA
FARMERS' MARKET ASSISTANT 4053 MEA
9160 MEA

Santa Monica City CouncilJuly 29, 2025

Santa Monica City Council
July 29, 2025