Santa Monica City Council
December 9, 2025

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

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

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

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

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: EC05279B-45AE-4DC9-8C8D-625F175D661E

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

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

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

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

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: EC05279B-45AE-4DC9-8C8D-625F175D661E

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Solicitation Number: RFP #032824

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Battle Motors, Inc., 1951 Reiser Avenue SE, New Philadelphia, OH 44663 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES








 






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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. 







 






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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;








 






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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized 







 






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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE








 






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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted 







 






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price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the administrative fee amount of $500 multiplied by the total number of trucks purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewellassigned contract number in the memo; and must be mailed to the address above “Attn:

Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.








 






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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.








 






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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.








 






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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 







 






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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 







 






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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 







 






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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 







 






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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 







 






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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared 







 






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ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in 







 






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guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. 







 






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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Battle Motors, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Oliver Weilandt
Title: Chief Procurement Officer Title: Chief Financial Officer Date: ________________________ Date: ________________________ 







 





 





  







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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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Packet Pg. 227 Attachment: Sourcewell - Battle Motors Contract 032824 (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) 7DEOH
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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






4.D.d
Packet Pg. 231 Attachment: Sourcewell - Battle Motors Contract 032824 (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.

Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should N2T have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Battle Motors Sourcewell RFP #032824 Pricing (Final 3.27 V.1).docx - Wednesday March 27, 2024 11:41:16 Financial Strength and Stability (optional)
Marketing Plan/Samples (optional)
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Battle Motors ICE and BEV Warranty Manuals.zip - Monday March 25, 2024 19:02:10 Standard Transaction Document Samples (optional)
Requested Exceptions - RFP_033824_Class_4-8_Chassis_&_Cabs_Contract_Template (3).docx - Thursday March 28, 2024 14:46:57 Upload Additional Document - Sourcwell RFP #032824 - Battle Motors Proposed Specifications.zip - Wednesday March 27, 2024 12:36:36 Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






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4.D.d
Packet Pg. 233 Attachment: Sourcewell - Battle Motors Contract 032824 (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) )LOH1DPH
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Bid Number: RFP 032824 Vendor Name: Battle Motors, Inc. 







 






4.D.d
Packet Pg. 234 Attachment: Sourcewell - Battle Motors Contract 032824 (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) City Council Meeting: June 13, 2023 Santa Monica, California RESOLUTION NUMBER 11531 (CCS)
(CITY COUNCIL SERIES)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA, CALIFORNIA,

REVISING SOLID WASTE RATES
WHEREAS, Government Code section 54344 and Santa Monica Municipal Code Section 5.08.250 allows the City Council to establish by resolution the rates of municipal solid waste services; and
WHEREAS, the City provides comprehensive solid waste services to its residential, commercial, and municipal customers using sustainable waste diversion strategies with the goal of achieving zero waste, locally defined as 1.1 pounds per person per day (PPD) of landfill disposal, by 2023; and WHEREAS, the rates established by this resolution are no more than necessary to recover the costs of the services provided, including the establishment of a 90-day (24.7%) operating reserve level; and
WHEREAS, the City of Santa Monica, in accordance with Article XIII D Section 6 of the California Constitution, mailed a notice of the proposed solid waste rate increases for a five-year period beginning August 1, 2023, through June 30, 2028, to the owner of record of each parcel in Santa Monica; and
WHEREAS, the City Clerk gave notice of the proposed solid waste rate increases by publishing once a week for two weeks prior to the public hearing in the Santa Monica Daily Press in accordance with Government Code section 54354.5; and WHEREAS, the City Council held a public hearing on June 13, 2023, to consider the proposed solid waste rate increases; and
DocuSign Envelope ID: 111B4128-1910-4F7E-8E1C-E6CC579F0CD8

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Packet Pg. 235 Attachment: Resolution 11531 - Approved 2023-2028 Solid Waste Rates (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) WHEREAS, the City Council has considered all written and oral testimony presented at the public hearing.

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

SECTION 1. Effective August 1, 2023, or as soon thereafter practical, solid waste rate shall be increased as follows:

BI-MONTHLY RATE SCHEDULE
(All rates are based on the landfill trash service level. Recycling and organics services are bundled in the rates below at no additional charge.)
Single-Family Residential Customers
Service Description 8.1.2023 7.1.2024 7.1.2025 7.1.2026 7.1.2027 One 65-gallon cart 1x/weekly $92.74 $102.94 $114.26 $126.83 $140.78 Two 65-gallon cart 1x/weekly $185.48 $205.88 $228.52 $253.66 $281.56 Three 65-gallon cart 1x/weekly $278.22 $308.82 $342.78 $380.49 $422.34 One 95-gallon cart 1x/weekly $119.65 $132.81 $147.42 $163.64 $181.64 Two 95-gallon cart 1x/weekly $239.30 $265.62 $294.84 $327.28 $363.28 Three 95-gallon cart 1x/weekly $358.95 $398.43 $442.26 $490.92 $544.92 One 65- and one 95-gallon cart 1x/weekly $212.39 $235.75 $261.68 $290.47 $322.42 One 300-gallon cart 1x/weekly $275.00 $305.25 $338.83 $376.10 $417.47 One 2-cubic-yard bin 1x/weekly $314.78 $349.41 $387.84 $430.50 $477.86 Shared container service $59.83 $66.41 $73.71 $81.82 $90.82 Residence Under Construction $92.74 $102.94 $114.26 $126.83 $140.78 Multi-Family Residential Customers
Service Description 8.1.2023 7.1.2024 7.1.2025 7.1.2026 7.1.2027 One 65-gallon cart 1x/weekly $92.74 $102.94 $114.26 $126.83 $140.78 One 95-gallon cart 1x/weekly $119.65 $132.81 $147.42 $163.64 $181.64 One 300-gallon cart 1x/weekly $275.00 $305.25 $338.83 $376.10 $417.47 One 300-gallon cart 2x/weekly $550.00 $610.50 $677.66 $752.20 $834.94 One 2-cubic-yard bin 1x/weekly $314.78 $349.41 $387.85 $430.51 $477.86 One 2-cubic-yard bin 2x/weekly $629.56 $698.82 $775.70 $861.02 $955.72 One 2-cubic-yard bin 3x/weekly $944.34 $1,048.23 $1,163.55 $1,291.53 $1,433.58 One 2-cubic-yard bin 4x/weekly $1,259.12 $1,397.64 $1,551.40 $1,722.04 $1,911.44 One 2-cubic-yard bin 5x/weekly $1,573.90 $1,747.05 $1,939.25 $2,152.55 $2,389.30 One 2-cubic-yard bin 6x/weekly $1,888.68 $2,096.46 $2,327.10 $2,583.06 $2,867.16 One 2-cubic-yard bin 7x/weekly $2,203.46 $2,445.87 $2,714.95 $3.013.57 $3,345.02 DocuSign Envelope ID: 111B4128-1910-4F7E-8E1C-E6CC579F0CD8

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Packet Pg. 236 Attachment: Resolution 11531 - Approved 2023-2028 Solid Waste Rates (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) Service Description 8.1.2023 7.1.2024 7.1.2025 7.1.2026 7.1.2027 One 3-cubic-yard bin 1x/weekly $472.17 $524.12 $581.78 $645.77 $716.79 One 3-cubic-yard bin 2x/weekly $944.34 $1,048.24 $1,163.56 $1,291.54 $1,433.58 One 3-cubic-yard bin 3x/weekly $1,416.51 $1,572.36 $1,745.34 $1,937.31 $2,150.37 One 3-cubic-yard bin 4x/weekly $1,888.68 $2,096.48 $2,327.12 $2,583.08 $2,867.16 One 3-cubic-yard bin 5x/weekly $2,360.85 $2,620.60 $2,908.90 $3,228.85 $3,583.95 One 3-cubic-yard bin 6x/weekly $2,833.02 $3,144.72 $3,490.68 $3,874.62 $4,300.74 One 3-cubic-yard bin 7x/weekly $3,305.19 $3,668.84 $4,072.46 $4,520.39 $5,017.53 One 4-cubic-yard bin 1x/weekly $629.56 $698.82 $775.70 $861.02 $955.72 One 4-cubic-yard bin 2x/weekly $1,259.12 $1,397.64 $1,551.40 $1,722.04 $1,911.44 One 4-cubic-yard bin 3x/weekly $1,888.68 $2,096.46 $2,327.10 $2,583.06 $2,867.16 One 4-cubic-yard bin 4x/weekly $2,518.24 $2,795.28 $3,102.80 $3,444.08 $3,822.88 One 4-cubic-yard bin 5x/weekly $3,147.80 $3,494.10 $3,878.50 $4,305.10 $4,778.60 One 4-cubic-yard bin 6x/weekly $3,777.36 $4,192.92 $4,654.20 $5,166.12 $5,734.32 One 4-cubic-yard bin 7x/weekly $4,406.92 $4,891.74 $5,429.90 $6,027.14 $6,690.04 Bin roll out 1x/weekly $55.10 $61.16 $67.89 $75.36 $83.65 Bin roll out 2x/weekly $110.20 $122.32 $135.78 $150.72 $167.30 Bin roll out 3x/weekly $165.30 $183.48 $203.67 $226.08 $250.95 Bin roll out 4x/weekly $220.40 $244.64 $271.56 $301.44 $334.60 Bin roll out 5x/weekly $275.50 $305.80 $339.45 $376.80 $418.25 Bin roll out 6x/weekly $330.60 $366.96 $407.34 $452.16 $501.90 Bin roll out 7x/weekly $385.70 $428.12 $475.23 $527.52 $585.55 Bin truck roll out 1x/weekly $62.32 $69.18 $76.79 $85.24 $94.62 Bin truck roll out 2x/weekly $124.64 $138.36 $153.58 $170.48 $189.24 Bin truck roll out 3x/weekly $186.96 $207.54 $230.37 $255.72 $283.86 Bin truck roll out 4x/weekly $249.28 $276.72 $307.16 $340.96 $378.48 Bin truck roll out 5x/weekly $311.60 $345.90 $383.95 $426.20 $473.10 Bin truck roll out 6x/weekly $373.92 $415.08 $460.74 $511.44 $567.72 Bin truck roll out 7x/weekly $436.24 $484.26 $537.53 $596.68 $662.34 Lock charge per container $27.68 $30.73 $34.11 $37.86 $42.02 Shared container service $59.83 $66.41 $73.71 $81.82 $90.82 City container on City property $113.74 $126.25 $140.14 $155.56 $172.67 Commercial Customers
Service Description 8.1.2023 7.1.2024 7.1.2025 7.1.2026 7.1.2027 One 65-gallon cart 1x/weekly $87.34 $97.54 $108.86 $121.43 $135.38 One 65-gallon cart 2x/weekly $180.08 $200.48 $223.12 $248.26 $276.16 One 95-gallon cart 1x/weekly $114.25 $127.41 $142.02 $158.24 $176.24 One 95-gallon cart 2x/weekly $233.90 $260.22 $289.44 $321.88 $357.88 One 300-gallon cart 1x/weekly $269.60 $299.85 $333.43 $370.70 $412.07 One 300-gallon cart 2x/weekly $544.60 $605.10 $672.26 $746.80 $829.54 One 2-cubic-yard bin 1x/weekly $309.38 $344.01 $382.45 $425.11 $472.46 One 2-cubic-yard bin 2x/weekly $624.16 $693.42 $770.30 $855.62 $950.32 DocuSign Envelope ID: 111B4128-1910-4F7E-8E1C-E6CC579F0CD8

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Packet Pg. 237 Attachment: Resolution 11531 - Approved 2023-2028 Solid Waste Rates (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) Service Description 8.1.2023 7.1.2024 7.1.2025 7.1.2026 7.1.2027 One 2-cubic-yard bin 3x/weekly $938.94 $1,042.83 $1,158.15 $1,286.13 $1,428.18 One 2-cubic-yard bin 4x/weekly $1,253.72 $1,392.24 $1,546.00 $1,716.64 $1,906.04 One 2-cubic-yard bin 5x/weekly $1,568.50 $1,741.65 $1,933.85 $2,147.15 $2,383.90 One 2-cubic-yard bin 6x/weekly $1,883.28 $2,091.06 $2,321.70 $2,577.66 $2,861.76 One 2-cubic-yard bin 7x/weekly $2,198.06 $2,440.47 $2,709.55 $3,008.17 $3,339.62 One 3-cubic-yard bin 1x/weekly $466.77 $518.72 $576.38 $640.37 $711.39 One 3-cubic-yard bin 2x/weekly $938.94 $1,042.84 $1,158.16 $1,286.14 $1,428.18 One 3-cubic-yard bin 3x/weekly $1,411.11 $1,566.96 $1,739.94 $1,931.91 $2,144.97 One 3-cubic-yard bin 4x/weekly $1,883.28 $2,091.08 $2,321.72 $2,577.68 $2,861.76 One 3-cubic-yard bin 5x/weekly $2,355.45 $2,615.20 $2,903.50 $3,223.45 $3,578.55 One 3-cubic-yard bin 6x/weekly $2,827.62 $3,139.32 $3,485.28 $3,869.22 $4,295.34 One 3-cubic-yard bin 7x/weekly $3,299.79 $3,663.44 $4,067.06 $4,514.99 $5,012.13 One 4-cubic-yard bin 1x/weekly $624.16 $693.42 $770.30 $855.62 $950.32 One 4-cubic-yard bin 2x/weekly $1,253.72 $1,392.24 $1,546.00 $1,716.64 $1,906.04 One 4-cubic-yard bin 3x/weekly $1,883.28 $2,091.06 $2,321.70 $2,577.66 $2,861.76 One 4-cubic-yard bin 4x/weekly $2,512.84 $2,789.88 $3,097.40 $3,438.68 $3,817.48 One 4-cubic-yard bin 5x/weekly $3,142.40 $3,488.70 $3,873.10 $4,299.70 $4,773.20 One 4-cubic-yard bin 6x/weekly $3,771.96 $4,187.52 $4,648.80 $5,160.72 $5,728.92 One 4-cubic-yard bin 7x/weekly $4,401.52 $4,886.34 $5,424.50 $6,021.74 $6,684.64 Bin roll out 1x/weekly $55.10 $61.16 $67.89 $75.36 $83.65 Bin roll out 2x/weekly $110.20 $122.32 $135.78 $150.72 $167.30 Bin roll out 3x/weekly $165.30 $183.48 $203.67 $226.08 $250.95 Bin roll out 4x/weekly $220.40 $244.64 $271.56 $301.44 $334.60 Bin roll out 5x/weekly $275.50 $305.80 $339.45 $376.80 $418.25 Bin roll out 6x/weekly $330.60 $366.96 $407.34 $452.16 $501.90 Bin roll out 7x/weekly $385.70 $428.12 $475.23 $527.52 $585.55 Bin truck roll out 1x/weekly $62.32 $69.18 $76.79 $85.24 $94.62 Bin truck roll out 2x/weekly $124.64 $138.36 $153.58 $170.48 $189.24 Bin truck roll out 3x/weekly $186.96 $207.54 $230.37 $255.72 $283.86 Bin truck roll out 4x/weekly $249.28 $276.72 $307.16 $340.96 $378.48 Bin truck roll out 5x/weekly $311.60 $345.90 $383.95 $426.20 $473.10 Bin truck roll out 6x/weekly $373.92 $415.08 $460.74 $511.44 $567.72 Bin truck roll out 7x/weekly $436.24 $484.26 $537.53 $596.68 $662.34 Lock charge per container $27.68 $30.73 $34.11 $37.86 $42.02 City container on City property $113.74 $126.25 $140.14 $155.56 $172.67 SECTION 2. Resolution Number 10806 (CCS) is hereby repealed as of the effective date of this resolution.

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

DocuSign Envelope ID: 111B4128-1910-4F7E-8E1C-E6CC579F0CD8

4.D.e
Packet Pg. 238 Attachment: Resolution 11531 - Approved 2023-2028 Solid Waste Rates (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) APPROVED AS TO FORM:
__________________________

DOUGLAS SLOAN
City Attorney
DocuSign Envelope ID: 111B4128-1910-4F7E-8E1C-E6CC579F0CD8

4.D.e
Packet Pg. 239 Attachment: Resolution 11531 - Approved 2023-2028 Solid Waste Rates (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) Adopted and approved this 13
th day of June 2023.

Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11531 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13
th day of June 2023, by the following vote:

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

Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 111B4128-1910-4F7E-8E1C-E6CC579F0CD8

4.D.e
Packet Pg. 240 Attachment: Resolution 11531 - Approved 2023-2028 Solid Waste Rates (7379 : Purchase of Rear Loader for Resource Recovery and Recycling) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 4.E
1 of 6
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Authorization for Procurement Manager to Issue Purchase Orders to Emergency Vehicle Group and Republic EVS for Purchase and Delivery of Ambulances
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the Procurement Manager to issue a purchase order with Emergency Vehicle Group, Inc for the purchase of two ambulances for the Fire Department.

This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $704,063 (including a 5% contingency) with future year funding contingent on Council budget approval; and

3. Authorize the Procurement Manager to issue a purchase order with Republic EVS for the purchase of four ambulances for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $1,054,807 (including a 5% contingency) with future year funding contingent on Council budget approval.

Summary
Starting February 1, 2026, the Santa Monica Fire Department (“SMFD”) will assume full operational control and responsibility for all ambulance transports for emergency incidents occurring within the City. This change is necessitated by the upcoming expiration of the City’s current ambulance transport provider agreement on January 31, 2026, and is also required by Council’s direction under the recently approved Santa Monica Realignment Plan. In order to have sufficient capacity to provide ambulance

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transports SMFD will need to purchase several ambulances. Given the compressed timeframe of three months, staff recommends that the City Council authorize the issuance of purchase orders to two companies, Republic EVS and Emergency Vehicle Group, under an exception to the competitive bidding process via a cooperative purchasing agreement.

Discussion
For decades, the City of Santa Monica (“City”) has relied on a contracted third-party to provide emergency medical transport and billing services for the response, assessment, treatment, and/or transportation of members of the public by SMFD paramedics. In 2018, the City contracted with Westmed Ambulance Inc, dba McCormick Ambulance for these ambulance transport and billing services. This City’s current agreement expires on January 31, 2026.

Even though McCormick is the City’s main ambulance transport provider, the City is still required to have its own ambulances on standby in the event that McCormick is unavailable to provide an ambulance or for when demand exceeds available capacity (surge capacity). The use of City ambulances with its contractor’s ambulances is also required to allow McCormick to operate with the City’s legal authority to provide ambulance transportation services within its jurisdiction. Currently, SMFD has four ambulances in service. During an emergency medical call, an ambulance from McCormick and a SMFD apparatus (engine or truck) are dispatched to the scene of the incident. Of the 13,000 emergency medical calls that SMFD responds to annually, approximately 8,200 result in transports to a hospital.

On June 24, 2025, Council adopted the FY 2025-27 Biennial Budget which authorized an Ambulance Operator (“AO”) pilot program. SMFD received $150,000 from the General Fund to hire six as-needed AOs to conduct limited ambulance transports using Fire personnel and the City’s contractor Wittman Enterprises for billing services. After a recruitment process, including background checks and a two-week academy, the pilot program launched on September 29, 2025.

On October 28, 2025, Council adopted the Santa Monica Realignment Plan which ended the pilot program and authorized the full AO program. Upon expiration of the McCormick contract on January 31, 2026, SMFD will assume full responsibility of all

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ambulance transports the next day, February 1, 2026. This necessitates an increase in SMFD’s ambulance fleet to have the capacity to meet the City’s transport needs, which will only be exacerbated by increased demand on SMFD ambulance transport capacity associated with several high profile upcoming events in the region such as the 2026 FIFA World Cup, 2026 NBA All-Star Game, 2027 Super Bowl LXI, and the 2028 Summer Olympics. In addition, the City Council set aside $1.8 million to fund the purchase of ambulances to ensure sufficient operational capacity by February 1, 2026.

With three months until SMFD fully assumes responsibility for ambulance transports, SMFD has to procure enough ambulances for the immediate February 1, 2026 deadline as well as the long-term. The current fleet comprises of only four ambulances – two of which will be retired when their replacements arrive, owing to age and significant wear and tear. SMFD needs to have at least four additional ambulances by February 1, 2026, with another two delivered shortly thereafter.

SMFD’s goal is to continue using ambulances that have “Type 3” capability. The City’s current ambulance fleet includes Type 3 vehicles which represent the maximum emergency response capability that can be provided. Type 3 ambulances are equipped for Basic Life Support (BLS) and Advanced Life Support (ALS) transports. The image below represents a typical Type 3 ambulance, which is built on a cutaway van chassis, with the driver compartment that looks more like a truck.

A brand-new Type 3 ambulance takes about 12 months to build and deliver.

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A Type 2 ambulance resembles a transit van. It is a single unit, comprising of the transit van body, and requires far less time to procure and deliver. The image below represents a typical Type 2 ambulance.

The most obvious difference is visual, with the Type 2 ambulance having a unibody with a raised roof for more headroom and a narrower body. The Type 2 ambulance is more suited for a BLS transport, while the Type 3 is better suited for ALS transport. Due to ambulance availability and delivery delays, SMFD is opting to explore a diverse approach to equipment based on availability and suitability to the transport mission.

Because significant time constraints are present, staff recommends purchasing four Type 3 ambulances and two Type 2 ambulances at this time. The proposed purchase complies with an exception to the City’s competitive bidding process that requires the use of cooperative purchasing agreements with the two proposed vendors that can meet the City’s ambulance needs.

Vendor Selection
Exception to Competitive Bidding (ECB)
Staff recommends Emergency Vehicle Group and Republic EVS to furnish and deliver a total of six ambulances as an exception to competitive bidding per the Procurement division approved ECB #330 and #331, per Muni Code 2.24.250 (c).
c. competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.

First, staff recommends using the Sourcewell cooperative agreement to purchase two Type 3 ambulances from Emergency Vehicle Group (EVG, operating under REV

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Group). These ambulances will be delivered by February 1, 2026, ready to respond to emergencies. EVG is a local vendor based in Anaheim, CA. Staff recommends a purchase order with EVG for $704,063, which includes a 5% contingency of $33,527.

Second, staff recommends using the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program to purchase four ambulances from Republic EVS.

These ambulances are divided into two Type 2 ambulances that will arrive by February 1, 2026, and two Type 3 ambulances that will arrive in April and June 2026. Republic is a local vendor based in Huntington Beach, CA, and widely used in this region, including Torrance, Anaheim, and West Covina. Staff recommends a purchase order with Republic for $1,054,807, which includes a 5% contingency of $50,229.

The determination to utilize two vendors for separate purchases is based primarily on the applicable timeframe that SMFD has to ensure the City’s ambulance capacity.

SMFD cannot purchase all Type 2 ambulances, as this would compromise the Department’s ability to deliver ALS care. At the same time, it takes 12 months to build new Type 3 ambulances. Staff selected vendors that had existing stock or demo models available for purchase.

By February 1, 2026, SMFD will have a total of eight ambulances serving the community. The fleet will be comprised of the four existing Type 3 ambulances, two new Type 2 ambulances, and two new Type 3 ambulances. When the last two Type 3 ambulances arrive in April and June 2026, then the two oldest ambulances will be retired. Supplies and equipment, such as Stryker gurneys and stair chairs, will be repurposed and moved from the retired vehicles to the new vehicles. Staff is also utilizing limited grant funding to purchase required equipment such as an Automated External Defibrillator and additional gurneys.

Environmental Review
The issuance of purchase orders 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.” The purchase orders for the ambulances will facilitate emergency services by the City. Therefore, it can be seen with certainty that the agreement would

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not result in adverse physical impacts on the environment, and as such is exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award purchase orders to Emergency Vehicle Group and Republic EVS for the purchase of ambulances.

Purchase Order Request
Vendor FY 2025-26
Request Amount CIP Account # Total Purchase Order Amount Emergency Vehicle Group $704,063 C0109200.689000 $704,063 Republic EVS $1,054,807 C0109200.689000 $1,054,807
Total $1,758,870
Future year funding is contingent on Council budget approval.

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

A. Republic EVS - Levine
B. Republic EVS - Oaks
C. EVG - Levine
D. EVG - Oaks

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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. 247 Attachment: Republic EVS - Levine (7392 : Ambulance Purchase) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

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

4.E.a
Packet Pg. 248 Attachment: Republic EVS - Levine (7392 : Ambulance Purchase)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 249 Attachment: Republic EVS - Oaks (7392 : Ambulance Purchase)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.E.b
Packet Pg. 250 Attachment: Republic EVS - Oaks (7392 : Ambulance Purchase) 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. 251 Attachment: EVG - Levine (7392 : Ambulance Purchase) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

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

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Packet Pg. 252 Attachment: EVG - Levine (7392 : Ambulance Purchase)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 253 Attachment: EVG - Oaks (7392 : Ambulance Purchase)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 254 Attachment: EVG - Oaks (7392 : Ambulance Purchase) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 4.F
1 of 4
To: Mayor and City Council
From: Feroz Merchhiya, Chief Information Officer, Information Services Department Subject: Award Purchase Order to SHI International Corporation for Rapid7 Cybersecurity Software Subscription Licenses
Recommended Action
Staff recommends that the City Council:

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

2. Authorize the Procurement Manager to issue a purchase order with SHI International Corporation for Rapid7 Cybersecurity Software Subscriptions for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(c) and is for an amount not to exceed $201,140 for a one-year term with future year funding contingent upon Council budget approval.

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Summary
The City utilizes Rapid7's cybersecurity software to monitor, detect, and alert on network intrusions, ransomware, and other cyber threats that could compromise City systems. Rapid7 also provides 24/7 live monitoring to augment the City's Information Security staff. Staff seeks City Council authorization to issue a purchase order to SHI International Corp. to renew the City’s Rapid7 cybersecurity software licenses for an additional one-year term.

This renewal ensures continued protection of the City’s network, servers, and endpoints under the City’s existing cybersecurity framework. Renewing through SHI, the City’s incumbent vendor, allows for streamlined license management, consistent pricing, and uninterrupted service continuity.

Discussion
Cybersecurity software is essential to protecting the City’s computer network from malicious attacks, data breaches, and ransomware. Rapid7 provides an all-in-one platform that continuously monitors the City’s systems and alerts staff to suspicious or malicious activity. The software also helps identify and address security weaknesses, reducing the risk of service interruptions or data loss.

Rapid7's Security Operations Center (SOC) expands the capacity of the City's Information Security team by providing around the clock monitoring and investigation capabilities. Alerts are triaged and escalated to the Information Security team as needed, allowing City staff to focus on high priority items more effectively, without being overextended. Rapid7 also provides advisory services and assistance with cybersecurity events, from small scale remediation instructions to full incident response capabilities.

Interruption to cybersecurity monitoring would effectively blind the City from a cybersecurity perspective. This renewal would ensure that the City continues to receive critical protection, regular updates, and support services that help keep systems secure and compliant with best practices without interruption. Centralized logging is a core

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tenet of multiple regulations and losing that functionality puts the City at financial risk due to fines for non-compliance.

Vendor/Consultant Selection
Exception to Competitive Bidding
Staff recommends SHI International Corporation to provide Rapid7 software subscriptions as an exception to competitive bidding per the Procurement Division approved ECB# 327 pursuant to Santa Monica Municipal Code Section 2.24.250(c). c. Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price; Environmental Review
Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment.

This is because Rapid7 cybersecurity software subscriptions are a digital asset.

Therefore, this project is not subject to CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to award a purchase order with SHI International Corporation for Rapid7 cybersecurity software subscription licenses.

Purchase Order Request
FY 2025-26 Request
Amount
Department/CIP Account
#
Total Contract Amount
$161,436 C0108900.689000 $161,436
$2,460 C1108900.689000 $2,460
$2,349 C1208900.689000 $2,349
$4,153 25170001.575030 $4,153
$5,034 C5008900.689000 $5,034
$906 C5108900.689000 $906
$552 C5308900.689000 $552
$3,206 C5408900.689000 $3,206
$1,788 C5708900.689000 $1,788
$641 C5908900.689000 $641

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$15,241 C6008900.689000 $15,241
$2,061 C7008900.689000 $2,061
$1,313 C7508900.689000 $1,313
Total $201,140
Future year funding is contingent on Council budget approval.

Prepared By: Keenan McCardle, Principal Information Security Analyst Approved Forwarded to Council
Attachments:

A. City of Santa Monica - OAKS INITIATIVE FORM SHI
B. Levine signed by SHI 11.14.25

4.F
Packet Pg. 258

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

Docusign Envelope ID: F898DFCE-B0A5-46F8-B8C3-F95C02E73D52

4.F.a
Packet Pg. 259 Attachment: City of Santa Monica - OAKS INITIATIVE FORM SHI (7407 : Award Purchase Order to SHI International Corp. for Rapid7

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Pamela Wilkinson Sr. Contracts Administrator 11/4/2025 [email protected] 888-764-8888 SHI International Corp. Thai Lee & KoGuan Leo Thai Lee
Docusign Envelope ID: F898DFCE-B0A5-46F8-B8C3-F95C02E73D52

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Packet Pg. 260 Attachment: City of Santa Monica - OAKS INITIATIVE FORM SHI (7407 : Award Purchase Order to SHI International Corp. for Rapid7

4.F.b
Packet Pg. 261 Attachment: Levine signed by SHI 11.14.25 (7407 : Award Purchase Order to SHI International Corp. for Rapid7 Cybersecurity Software)

4.F.b
Packet Pg. 262 Attachment: Levine signed by SHI 11.14.25 (7407 : Award Purchase Order to SHI International Corp. for Rapid7 Cybersecurity Software)

4.F.b
Packet Pg. 263 Attachment: Levine signed by SHI 11.14.25 (7407 : Award Purchase Order to SHI International Corp. for Rapid7 Cybersecurity Software)

4.F.b
Packet Pg. 264 Attachment: Levine signed by SHI 11.14.25 (7407 : Award Purchase Order to SHI International Corp. for Rapid7 Cybersecurity Software)

4.F.b
Packet Pg. 265 Attachment: Levine signed by SHI 11.14.25 (7407 : Award Purchase Order to SHI International Corp. for Rapid7 Cybersecurity Software) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 4.G
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Chapter 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code to Require the Registration of Vacant Properties
Recommended Action
Staff recommends:

1. The City Council rescind the action taken on November 18, 2025, adopting Ordinance Amending Chapter 13.04, Vacant Properties.

2. The City Council adopt the corrected version of Ordinance Amending Chapter

13.04, Vacant Properties.

Executive Summary
At its meeting on October 28, 2025, the City Council introduced for first reading an ordinance amending Santa Monica Municipal Code Section 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code (the Ordinance) to require the registration of vacant properties.

The Council heard the second reading and adopted the Ordinance on November 18, 2025. However, the version of the Ordinance adopted November 18 inadvertently listed January 1, 2026, as the deadline by which vacant property owners must register their properties. The correct date, as set forth in the Ordinance as introduced on October 28, is July 1, 2026. Thus, Council is now being asked to rescind the November 18 adoption of the Ordinance, and adopt the corrected version reflecting the July 1, 2026 deadline for registration.

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Packet Pg. 266
2 of 2
The Ordinance adopted November 18 has not yet taken effect. If adopted, the corrected Ordinance will take effect January 9, 2026.

Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Chapter 13.04 - Vacant Properties Registration - 2d

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Packet Pg. 267
City Council Meeting: December 9, 2025 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 13.04, VACANT PROPERTIES, OF ARTICLE 13,

NEIGHBORHOOD PRESERVATION, OF THE SANTA MONICA MUNICIPAL CODE

TO REQUIRE THE REGISTRATION OF VACANT PROPERTIES
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact, amend, and enforce ordinances to promote social, economic, or aesthetic considerations and/or that regulate conditions which may be public nuisances or create health hazards. The City has determined that many of the existing provisions of the Santa Monica Municipal Code (SMMC) that address unmaintained and vacant properties are in need of amendment in order to provide City staff with greater enforcement flexibility and address emerging and evolving problems within the community; and WHEREAS, Government Code Section 38771 permits the City to declare what constitutes a public nuisance by ordinance; and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enforce all local, police, sanitary, and other ordinances and regulations not in conflict with the general laws, including imposing regulatory fees, subject to the limitations of Article XIIIC Section 1(e); and
WHEREAS, on September 12, 2023, the Santa Monica City Council adopted Ordinance 2758 (CCS) which added Chapter 13.04 of the Santa Monica Municipal Code, establishing a regulatory program for the maintenance and security of vacant properties by setting minimum standards for such properties; and

4.G.a
Packet Pg. 268 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) WHEREAS, the City Council wishes to clarify the application of certain of the City’s existing vacant property standards by restructuring and restating Section 13.04.040 of the Municipal Code; and
WHEREAS, the City Council has adopted as one of its strategic priorities Clean Streets and Safe Neighborhoods, which creates an atmosphere marked by clean and safe public spaces and neighborhoods; and
WHEREAS, the City Council desires to protect the public health, safety and welfare of the citizens of the City of Santa Monica and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and WHEREAS, vacant and abandoned residential, commercial, industrial, and historic properties are a significant problem and can depreciate property values, reduce property tax revenue, attract crime, create the potential for a permanent loss of a historical resource, degrade the quality of life within the community and foster an unsafe and unhealthy environment for residents; and
WHEREAS, a number of properties in the City have been abandoned or allowed to remain vacant without proper monitoring or security, leading to vandalism, squatting, arson, and destruction; and
WHEREAS, the City Council has a vested interest in protecting neighborhoods against various dangers caused by vacant and abandoned properties and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to ensure that all properties within the City are held to reasonable standards of maintenance and security; and

4.G.a
Packet Pg. 269 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) WHEREAS, vacant property owners are often located outside of the area or state and do not provide regular monitoring or securing of their properties, leading to increased dereliction, trespassing, squatting, arson, and other crimes; and WHEREAS, as of April 2025, the address on file with the Los Angeles County Tax Assessor for the owners of over 100 vacant properties in the City were not the owners’ correct the correct mailing address, making it difficult for the City to contact those owners to notify them of any violation or condition endangering health or safety on their property; and
WHEREAS, as of July 2025, the City was aware of at least 167 vacant properties in the city, approximately half of which are maintained in some level of disrepair or noncompliance with the City’s vacant property standards; and WHEREAS, a program to require that owners of vacant property register their properties with the City, including by providing details about the property and the owner’s current contact information, would enable the City to more efficiently and effectively ensure and enforce compliance with the City’s vacant property standards; and WHEREAS, a program of City staff, including Code Enforcement, Building and Safety, Fire Department, and Police Department staff, routinely inspecting vacant properties would also enable the City to more effectively ensure and enforce compliance with the City’s reasonable vacant property standards; and WHEREAS, the City Council desires to amend Chapter 13.04 of the Municipal Code in order to provide for a vacant property registration and monitoring program to enable the City to more effectively track vacant properties in the City, enforce and ensure

4.G.a
Packet Pg. 270 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) compliance with the City’s vacant property standards, and recover costs associated with staff’s efforts in doing so; and
WHEREAS, implementing the foregoing changes and additions will assist the City in protecting neighborhoods from the negative impacts and conditions that occur as a result of vacancy, absentee ownership, and lack of compliance with City regulations and laws.

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

SECTION 1. Section 13.04.030 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.04.030 Definitions.

If a word is not defined in this Chapter or other specific provisions of the Santa Monica Municipal Code, the most common dictionary definition is presumed to be correct:
“Director” means the Community Development Director or their designee. “Groundcover” means any low plant that conceals the bare ground and protects the topsoil from erosion or drought. Examples include, but are not limited to, grass, moss, thyme, and clover.
“Hardscape” means any non-vegetative feature or manmade material that is incorporated into a landscape. Examples include, but are not limited to, pavers, stone, bricks, wood chips, and decomposed granite.
“Multiple-Unit dwelling” means the same as defined in Section 9.51.020 of this Code. “Property” shall refer to each separate parcel of land, as identified by the Los Angeles County Assessor’s Office.

4.G.a
Packet Pg. 271 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) “Sheeting Material” or “sheeting” means a minimum of one-quarter-inch thick clear or semi-clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force. “Softscape” means any live vegetation that is incorporated into landscaped areas. “Substantially Vacant” means any property where fewer than thirty-five percent of the units are occupied.
“Tier 1 property” shall mean a vacant property that does not have conditions that violate this Chapter or Chapter 13.02 other than de minimis violations that do not endanger public health or safety.
“Tier 2 property” shall mean a vacant property that has conditions that violate this Chapter or Chapter 13.02 that are not de minimis but that do not endanger the health and safety of the community.
“Tier 3 property” shall mean a vacant property of which the owner is not responsive to City or community requests and which either has conditions that violate this Chapter or Chapter 13.02 and that endanger the health or safety of the community if not corrected, or at which there is evidence of trespassing into structures on the property. “Tier 4 property” shall mean a vacant property that has conditions that immediately endanger the public health and safety of the community. “Vacant property” means any property that is substantially vacant, unoccupied, or abandoned for more than ninety days, unless significant construction, pursuant to an active building permit, is taking place or an inspection by the Building and Safety Division has been conducted within the previous ninety days. Significant construction is

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Packet Pg. 272 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) construction that materially improves the condition of the property or is designed to prepare the property for occupancy.

SECTION 2. Section 13.04.040 of the Santa Monica Municipal Code is hereby repealed and replaced as follows:

13.04.040 General vacant property standards.

Every vacant property shall be actively maintained, monitored, and secured in compliance with all of the following standards.
(a) Safety and Security. Every vacant property shall be secured according to the following provisions:
(1) A valid Trespass Arrest Authorization shall be kept on file with the Santa Monica Police Department empowering the Police Department to remove all unauthorized persons from the property. The Trespass Arrest Authorization shall be kept current and effective during the period of vacancy.
(2) “No Trespassing” signs shall be posted and displayed along all street- or alley-facing property frontages and shall be visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height. (3) The Director may order additional measures to secure the vacant property, including:
(A) Additional signage that includes the name and phone number of an individual that can promptly respond to complaints regarding the property. (B) Enclosure of the vacant property by a six feet tall and non-viewobscuring fence that is made of wood, wrought iron, or similar materials. This provides for clear and open visibility of the vacant property while providing an additional measure

4.G.a
Packet Pg. 273 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) of security. The fence must be self-supporting and may not be attached to any part of adjacent property without the adjacent owner’s written permission. The fence’s location, type, and method of installation is subject to the approval of the Director before installation; provided, however, that in no event shall the fence be a temporary fence made of chain-link, unless the vacant property is actively being developed pursuant to a current and valid building permit. If the Director orders fencing to be installed, the following requirements shall apply:
(i) Fences shall be safe, structurally sound, and uniform or compatible in color and structure; they shall be maintained so that they do not constitute a hazard, blight, or condition of disrepair. Examples of hazards, blight or conditions of disrepair include but are not limited to, leaning fences or walls, fences or walls that are missing slats or blocks, or that exhibit rot, damage, graffiti, peeling paint, or deterioration of paint or materials.
(ii) All unauthorized postings and graffiti shall be immediately removed or painted over.
(iii) Missing or damaged fencing shall be repaired or replaced within seventy-two hours of such damage occurring.
(iv) All gates or entrances to the vacant property shall be equipped with a combination lock. The current combination shall be provided to the Santa Monica Police Department on the Trespass Arrest Authorization form.
(v) All fences surrounding any vacant property shall be non-viewobscuring, allowing fifty percent (50%) visibility into the interior of the property

4.G.a
Packet Pg. 274 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (C) Installation and maintenance in working condition of motion-activated security lighting in accordance with Section 9.21.080 of this Code at all entrances and exits of the property from dusk until dawn.
(D) Installation and maintenance in working condition of motion-activated video surveillance cameras that provide two-way communication and mobile live-view video.
(E) Installation and maintenance of additional building locks or entry control systems including bars on windows to prevent unauthorized access to the property and any structure.
(F) Provision of adequate security by onsite security personnel, roaming security patrol, or some other means, which may include twenty-four hours per day, seven days per week security as determined by the Director.
(b) Exterior Maintenance. The exterior portion of every vacant property shall be maintained according to the following provisions.
(1) Landscaping.
(A) The property shall be kept clean, watered, and free of weeds; (B) Dead or dying plant material shall be removed;
(C) Groundcover, hardscape, or softscape approved by the Director shall be installed and maintained on every vacant property throughout the period of vacancy and shall comply with the following:
(i) Plants used for groundcover shall not be allowed to grow taller than six inches; and

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Packet Pg. 275 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (ii) Irrigation adequate for the health and growth of groundcover plants shall be provided and maintained throughout the period of vacancy. (D) Notwithstanding Section 9.21.050 of this Code, all hedges, bushes, and shrubs on every vacant property shall be maintained no higher than forty-two inches to allow for a clear view from the public right-of-way to the entire interior of the property. (E) Trees shall be pruned and maintained regularly to remove any overgrowth, or dead or dying branches and leaves.
(F) Adequate irrigation shall be provided to ensure the continued health and growth of all hedges, bushes, shrubs, and trees.
(G) The Director may order additional measures to ensure the exterior portion of the property is adequately maintained including, but not limited to, elimination or trimming of landscaping that contributes to an unsafe condition on the property. (2) Drainage. All premises shall be maintained so as to prevent the accumulation of stagnant water that causes a hazardous or unhealthy condition, becomes a breeding area for insects, or causes soil erosion or damage to foundation walls. (3) All trash, debris, rubbish, discarded furniture, and defective or discarded equipment or appliances or items of similar nature shall be removed from the property. (4) Exterior insect, rodent and animal control. All premises shall be kept free from insect and rodent infestation and other noxious pests. This provision shall not require action to disturb the natural or cultivated activity of bees, rabbits, or other insects or animals where such activity is not a danger or nuisance to any resident of the surrounding area, and where other applicable legal requirements are met. Any pest or rodent

4.G.a
Packet Pg. 276 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) infestation on the property shall be abated and documentation verifying the abatement from a licensed professional shall be provided to the Director upon request. (5) Every vacant property shall be kept free of parked, abandoned, or inoperable vehicles except where a parking permit or other approval has been obtained from the City.
(6) Any swimming pool shall be drained, kept free of standing water, and either filled in with soil or other fill approved by the Director, or covered in such a way that water cannot collect in the swimming pool or on top the cover. (7) Approved address numbers for the property and all buildings shall be posted in such a manner as to be plainly visible and legible from the public right of way fronting the property.
(c) Maintenance and Security of Structures.
(1) All buildings and structures on the property shall be maintained in a manner that is safe, structurally sound, and allows for the structure to be easily used for its intended purpose.
(2) All buildings and structures upon the property shall be secured, locked, and closed in a manner ordered and approved by the Director and the Building Official, in accordance with the following:
(A) All first-story doors and windows facing any street or alley shall be secured usings sheeting material only, except that damaged or vandalized first-story doors or windows facing a street or alley may be secured with plywood for a period not to exceed 30 days, after which time they must be secured with sheeting material. First-floor

4.G.a
Packet Pg. 277 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) doors and windows not facing any street or alley may be secured using plywood. Sheeting material and plywood and shall meet the following specifications:
(i) Plywood and sheeting material used to secure a vacant property shall be installed in accordance with presently applicable FHA-standards or as determined by the Building Official.
(ii) Only exterior-grade screws and round-head plated carriage bolts shall be used to install sheeting material or plywood. Nails shall not be used. (iii) Sheeting material shall be installed in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing. (iv) Plywood shall be painted in a color consistent with the exterior of the dwelling unit.
(v) Plywood shall be of unsanded CDX grade and shall have a minimum thickness of one-half inch for window openings, five-eighths inch for door openings and three-quarter inch for sliding door and French door openings. Materials such as oriented strand board (OSB), medium density fiberboard (MDF), particle board, wafer board, Masonite34, or other similar material shall not be used to secure vacant or abandoned buildings or structures unless expressly permitted by the Director. (B) The Director may order additional measures to secure structures of a vacant property including use of sheeting material or plywood to secure windows and doors above the first story.

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Packet Pg. 278 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (3) Security bars, laminate, or other methods approved by the Director and Building Official shall be installed on all doors or windows to prevent the unauthorized entry into structures.
(A) Notwithstanding the foregoing, at least one door shall allow authorized persons access to the interior of all buildings and all units within each building. Any such access door on the exterior of any building may be secured by using:
(i) A solid core wood or steel door with no windows or other openings in the door; or
(ii) Hinged sheeting material or three-quarter-inch plywood attached to the door entry with three case hardened strap hinges of the type specified by the Building Official. The sheeting material or plywood shall be secured by at least two case-hardened steel hasps and minimum two-inch case-hardened padlock also of the type specified by the Building Official.
(d) Structure Interior.
(1) All furniture and personal property shall be removed from the interior of buildings, unless the property is substantially vacant and remains occupied by one or more persons in which case furniture and personal property shall only be removed from the interior of units that are not occupied by a lawful tenant or owner. (2) All curtains, blinds, and window coverings shall be removed from all windows located on the ground level of a structure allowing for a clear view to the interior of vacant buildings and units.
(e) Additional Requirements.

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Packet Pg. 279 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (1) Every person who owns, possesses, or has control of a vacant property, shall maintain and secure said property in accordance with all provisions in Chapter 13.02 and Chapter 13.06.
(2) The Director may order that utility services, including gas, water, and electricity, be disconnected.
(3) For any substantially vacant property, every unit that is unoccupied and not being offered for sale or rent shall be secured and locked or otherwise made inaccessible in accordance with this section, regardless of the period of time the property has been substantially vacant.
(f) Proactive Inspection and Reporting.
(1) Every vacant property shall be inspected no less than weekly by the property owner or their agent. The owner shall submit reports regarding each inspection in writing to the Director. Each report shall include the date of the inspection, a list of every security or maintenance deficiency that was found, the date by which such issue was or will be corrected, and time and date stamped photos of the property showing the overall condition of the property and any identified security or maintenance deficiency. (2) The Director may require increased frequency of inspections if it is determined that doing so is necessary to safeguard the community from impacts that are injurious to public health, safety, and general welfare, or where the property becomes attractive to unauthorized persons and trespassers.

SECTION 3. Section 13.04.045 of the Santa Monica Municipal Code is hereby added to read as follows:

13.04.045 Registration of vacant properties.

4.G.a
Packet Pg. 280 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (a) By July 1, 2026 or within 30 days after a property becomes vacant, whichever is later, every person who owns or has control of a vacant property shall register the property with the City by submitting a completed vacant property registration form provided by the City and pay any required fees, which shall be used for the administration of this Chapter. Such fees shall be established by resolution of the City Council. A separate registration and fee shall be paid for each parcel that is vacant. The vacant property registration form shall provide the following information:
(1) A vacant property mitigation plan, including a description of the methods by which the person who owns, possesses or has control of vacant property will maintain and secure the vacant property against unauthorized entry in accordance this Chapter; (2) A contact phone number for the property owner and for the person responsible for the maintenance and security of the property; (3) A description of the most recent legal use of the property before it became vacant;
(4) The square footage of the property;
(5) A description of any future plans for the property, including the date by which the owner expects the property to no longer be vacant;
(6) Whether there is a fire or a general liability insurance policy for the property; (7) Any other information as the Director may require.
(b) Within 30 days of a change of ownership of any vacant property, or when a material change to any item on vacant property registration form occurs, a new vacant property registration shall be submitted to the City and the fees paid.

4.G.a
Packet Pg. 281 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (c) No person shall fail to register a vacant property or pay the required vacant property fee due at the time of registration.

SECTION 4. Section 13.04.047 of the Santa Monica Municipal Code is hereby added to read as follows:

13.04.047 Vacant property monitoring fees.
(a) Every owner of a vacant property shall pay to the City a vacant property monitoring fee, in an amount established by resolution of the City Council. These fees shall cover the reasonably anticipated cost of staff engaged in the monitoring and inspection of vacant properties to enforce the requirements of this Chapter. (b) The Code Enforcement Division shall conduct an initial inspection and issue a written vacant property tier determination to the owner no more than 14 days after a vacant property registration form is filed, or if no form has been filed, then no more than 14 days after the City becomes aware of the vacant property. (c) The Code Enforcement Division may issue a new vacant property tier determination at any time after the initial inspection. The owner may request that the Code Enforcement Division issue a new vacant property tier determination no more than once per quarter. Any change to the applicable vacant property monitoring fees resulting from a new determination shall take effect in the following quarterly billing period. (d) Vacant property monitoring fees shall be paid on a quarterly basis. (1) The vacant property monitoring fees shall not apply to any tier 1 vacant property unless it was previously classified in another tier while under the same ownership.

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Packet Pg. 282 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) (2) For properties that are contiguous, owned by the same ownership, and appear to be maintained as a single property, a single vacant property monitoring fee may be charged.
(e) Every vacant property tier determination issued pursuant to this section shall be given either by email to the address provided on the registration form, personal delivery, or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to the owner at the address as shown on the last equalized County assessment roll and the address provided on the registration form. Where email, personal delivery, or service by mail cannot be achieved, a copy of the determination shall be conspicuously posted at the vacant property which is the subject of the order. Service shall be deemed complete at the time of emailing, depositing in the United States mail, personal delivery, or posting.
(f) An owner of a vacant property who receives a vacant property tier determination may appeal the tier determination by filing an appeal on a form provided by the Director within 15 days after service of the vacant property tier determination. (g) If an appeal of a vacant property tier determination is timely filed, the Director or his or her designee shall consider the determination and, if the owner has so requested in his or her appeal form, shall grant the owner an oral hearing. The Director shall give the owner no less than 10 days’ notice of the time and place of hearing. The Director or his or her designee shall issue a written decision upholding the vacant property tier determination or modifying the vacant property tier determination to assign the vacant property a lower numbered tier. The written decision of the Director or his or her designee

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Packet Pg. 283 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) following an appeal of a vacant property tier determination shall be the final decision of the City.

SECTION 5. Section 13.04.060 of the Santa Monica Municipal Code is hereby amended to read as follows:

13.04.060 Community safety and protection.

The Director is authorized to waive or modify any vacant property standard or condition found in Section 13.04.040 of this Chapter if it is determined that, under the particular factual circumstances, the change is warranted to safeguard the property or the surrounding community from impacts that are injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including, but not limited to, juveniles and transients, nor constitute a health, fire or safety hazard.

Requests for such waivers and modifications shall be submitted on a form provided by the City.

In making this determination, the Director shall consider:
(a) The history of unlawful activity and calls for service at this property; (b) The overall condition of the property and structures; (c) The willingness of the property owner to comply with City requests; (d) The likelihood that the change will result in improved protection of the property and the public writ large; and
(e) Any other evidence pertaining to the property and its owners, or the effects of the proposed change.

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Packet Pg. 284 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) The Director may place conditions with or without expiration dates on any approved waiver. The Director may also modify conditions placed on the waiver if the effect of the waiver is not meeting the intent of this chapter.

SECTION 6. Section 13.04.070 of the Santa Monica Municipal Code is hereby added to read as follows:

13.04.070 Regulations.

The City Manager or designee may promulgate regulations to implement the provisions of this Chapter. No person shall fail to comply with any such regulation.

SECTION 7. Section 13.04.080 of the Santa Monica Municipal Code is hereby added to read as follows:

13.04.080 Fees.

No responsible party shall fail to pay any fee required by this chapter. In addition to any penalty prescribed by this chapter for noncompliance, failure to pay such fees may also result in a lien being placed on the subject property or a special assessment against the property in the amount of the unpaid fees, pursuant to the procedures set forth in Section

13.06.080 of this Code.

SECTION 8. Section 13.04.090 of the Santa Monica Municipal Code is hereby added to read as follows:

13.04.090 Severability.

If any provision of this Chapter as herein enacted or hereafter amended, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provisions or applications of this Chapter (or any Section or portion of Section

4.G.a
Packet Pg. 285 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) hereof) which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are, and are intended to be severable.

SECTION 9. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 10. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_____________________________

HEIDI VON TONGELN
Interim City Attorney

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Packet Pg. 286 Attachment: Chapter 13.04 - Vacant Properties Registration - 2d (7439 : Vacant Properties Ordinance - Second Reading 2) Redevelopment Successor
Agency Report
City Council Meeting: December 9, 2025
Agenda Item: 4.H
1 of 5
To: Redevelopment Successor Agency
From: Jing Yeo, Director, Administration
Subject: Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Administrative Budget
Recommended Action
Staff recommends that the Redevelopment Successor Agency:

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

2. Adopt resolutions approving the Santa Monica Redevelopment Successor Agency’s recognized obligation payment schedule and administrative budget for July 1, 2026 through June 30, 2027.

Summary
The Santa Monica Redevelopment Successor Agency (Successor Agency) is required to prepare and adopt an annual Recognized Obligation Payment Schedule (ROPS) and Administrative Budget, which is subject to approval by the Third Supervisorial District Consolidated Oversight Board prior to being submitted to the California Department of Finance (DOF) and the Los Angeles County Auditor-Controller no later than February 1 of each year. The DOF-approved ROPS and Administrative Budget for fiscal year 2026- 27 provides the basis for the County Auditor-Controller to remit Redevelopment Property Tax Trust Funds (RPTTF) to the Successor Agency and authorize the Successor Agency to make scheduled payments for enforceable obligations for the period July 1, 2026 through June 30, 2027.

Discussion

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Following the elimination of Redevelopment Agencies in 2012, under California Health and Safety Code (HSC) Section 34177, the City of Santa Monica elected to serve as the Successor Agency to the Redevelopment Agency, established the Santa Monica Redevelopment Successor Agency (Successor Agency) to administer outstanding enforceable obligations and comply with necessary state regulations, and designated the City Council as the Governing Board of the Successor Agency. Additionally, per ABX1 26, the Santa Monica Redevelopment Successor Agency Oversight Board was established to oversee certain fiscal management matters and assets of the former redevelopment agency, except for affordable housing. Per SB 107, on July 1, 2018, each of the 71 Oversight Boards in Los Angeles County were consolidated into five Consolidated Oversight Boards organized by supervisorial district. The Third Supervisorial District Consolidated Oversight Board has jurisdiction over the Santa Monica Successor Agency.

In compliance with the statewide elimination of all Redevelopment Agencies in 2012, the Successor Agency is required to prepare a ROPS and corresponding administrative budget on a yearly basis. The ROPS identifies the former redevelopment agency’s enforceable obligations and the agency’s administrative costs. The ROPS also identifies the sources of payment for the obligations, including bond proceeds, interest income, and distributions of tax increment revenue from the State’s Redevelopment Property Tax Trust Fund (RPTTF). Before submission to the California Department of Finance (DOF) and the Los Angeles County Auditor-Controller, no later than February 1 of each year, both the Successor Agency and the Third Supervisorial District Consolidated Oversight Board must approve the ROPS and Administrative Budget.

The ROPS 2026-27 includes Successor Agency enforceable obligations of $16,843,374, which includes an Administrative Budget of $80,322 covering July 1, 2026 to June 30, 2027. All proposed enforceable obligations have been listed and approved for payment on a previous ROPS. In addition, all enforceable obligations have received final and conclusive determinations from the DOF. Staff recommends that the Successor Agency adopt the proposed resolutions (Attachments A and B) authorizing

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the submission of the ROPS 2026-27 and Administrative Budget to both the DOF and the County Auditor-Controller.

One of the enforceable obligations included in the ROPS, the Bank of America Term Loan, is subject to semi-annual payments based on floating interest rates. On November 21, 2014, DOF issued a letter notifying the Successor Agency of its final and conclusive approval of the Bank of America Term Loan as an enforceable obligation (Attachment C). Pursuant to a November 7, 2024 letter from Bank of America (Attachment F), the 6-month LIBOR Rate previously used to set interest payments is no longer available. Therefore, interest will be reset at a fluctuating rate of interest equal to the Federal Funds Rate plus 1.7% per annum. Payments will continue to be due on January 15 and July 15 of each year. As interest rates are uncertain, the payments are estimated based on the actual Federal Funds Rate published on October 20, 2025 plus a two percent escalation in order to ensure sufficient funding is available to make the next payments. Should the final interest payment be less than forecasted, any excess RPTTF would be recovered through the prior period adjustment process.

Under AB 26 and SB 107, the Agency may receive an administrative cost allowance (ACA) of up to three percent of the property tax allocated to the Agency the prior fiscal year less the prior year administrative cost allowance. Furthermore, the ACA shall not exceed fifty percent of the RPTTF distributed to pay enforceable obligations in the preceding year and shall be based upon an approved Administrative Budget which justifies the ACA. Based on the estimated property tax allocation to the Successor Agency, the ACA of $80,322 is within the cap of $403,892 for fiscal year 2026-27 and is included as an enforceable obligation on the ROPS 2026-27 (see Attachment A, Exhibit 1, Item 30).

Next Steps
The Third Supervisorial District Consolidated Oversight Board (Consolidated Oversight Board), which has jurisdiction over the Santa Monica Successor Agency, is meeting on January 13, 2026 and will be asked to approve the Successor Agency’s ROPS 2026-27

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and administrative budget, for the period July 1, 2026 through June 30, 2027, and authorize the transmittal to the Department of Finance for approval. The ROPS 2026- 27, as approved by the Consolidated Oversight Board, must be sent to the State Controller’s Office and the Department of Finance and posted on the Successor Agency’s website no later than February 1, 2026. The Department of Finance must make its determination regarding the ROPS 2026-27 no later than April 15, 2026.

Environmental Review
The ROPS 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.” The ROPS is administrative in nature, and therefore, it can be seen with certainty that there is no possibility that the FY 2026-27 ROPS will have any significant effect on the environment and as such is exempt from CEQA.

Financial Impacts and Budget Actions
On June 1, 2026 and January 2, 2027, the Los Angeles County Auditor-Controller will transfer property taxes into the Successor Agency’s cash account from which the Agency will pay enforceable obligations listed on the approved ROPS 2026-27. Before the distributions take place, the DOF must issue a determination letter with the total RPTTF revenues to be disbursed for enforceable obligations along with a final administrative cost allowance cap amount.

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Prepared By: Denise Smith, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. SA Attachment A - ROPS 26-27
B. SA Attachment B - ROPS 26-27 - Admin Budget
C. SA Attachment C - Letter from DOF
D. SA Attachment D - Credit Agreement
E. SA Attachment E - BofA Letter (2022)
F. SA Attachment F - BofA letter (2024)

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Successor Agency Meeting: December 9, 2025 Santa Monica, California RESOLUTION NO. (SA)

A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY

APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2026 THROUGH JUNE 30, 2027
WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Santa Monica was dissolved as of February 1, 2012, and the City of Santa Monica elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Santa Monica (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, in the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, the oversight boards were consolidated into five consolidated oversight boards each encompassing one of the County’s five supervisorial districts; and WHEREAS, the Third Supervisorial District Consolidated Oversight Board ("Third District Consolidated Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Santa Monica; and
WHEREAS, Section 34177(a)(3) of the Health and Safety Code, as reformed by the California Supreme Court in California Redevelopment Association v. Matosantos (2011) 53 Cal. 4th 231, provides that commencing on May 1, 2012, only those payments listed in a Recognized Obligation Payment Schedule (“ROPS”) may be made by the Successor Agency from the funds specified in the ROPS; and
WHEREAS, Section 34177(o) of the Health and Safety Code requires that the Successor Agency submit an oversight board-approved ROPS to the Department of Finance (“DOF”) and

4.H.a
Packet Pg. 292 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and County Auditor-Controller (“CAC”) no later than February 1 of each year, commencing February 1, 2016; and
WHEREAS, the Third District Consolidated Oversight Board is scheduled to hold a regular meeting on January 13, 2026; and
WHEREAS, the Third District Consolidated Oversight Board is scheduled to review and duly consider the Recognized Obligation Payment Schedule for the period July 2026 – June 2027, inclusive, attached as Exhibit 1, and other written evidence presented at the meeting, if any; and
WHEREAS, under Title 14 of the California Code of Regulations, Section 15061(b)(3), the approval of the FY 2026-27 ROPS is exempt from the requirements of the California Environmental Quality Act (“CEQA”), in that it can be seen with certainty that there is no possibility that the FY 2026-27 ROPS will have any significant effect on the environment.

NOW THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

SECTION 1. The Successor Agency hereby finds and determines that the foregoing recitals are true and correct.

SECTION 2. The Successor Agency hereby approves and adopts the Recognized Obligation Payment Schedule for the period July 2026 – June 2027, inclusive, attached hereto as Exhibit 1 (referenced hereinafter as “the Recognized Obligation Payment Schedule”).

SECTION 3. The Successor Agency authorizes the Community Development Director to:
(1) Submit the Recognized Obligation Payment Schedule to the County Auditor-Controller for review;

4.H.a
Packet Pg. 293 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and and
(2) Submit an electronic copy of the Recognized Obligation Payment Schedule to the State Department of Finance for approval; and Designate a Successor Agency representative to respond to all questions related to the Recognized Obligation Payment Schedule; and (3) Take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution.

SECTION 4. The Secretary of the Successor Agency shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

HEIDI VON TONGELN
Successor Agency Counsel

4.H.a
Packet Pg. 294 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Exhibit 1
Recognized Obligation Payment Schedule (ROPS 26-27)

4.H.a
Packet Pg. 295 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Santa Monica
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ 3,300,000 $ 3,300,000 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - 3,300,000 3,300,000
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 8,458,904 $ 5,084,470 $ 13,543,374 F RPTTF 8,378,582 5,084,470 13,463,052
G Administrative RPTTF 80,322 - 80,322
H Current Period Enforceable Obligations (A+E) $ 8,458,904 $ 8,384,470 $ 16,843,374 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date

4.H.a
Packet Pg. 296 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Santa Monica
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
26-27 Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$220,135,993 $16,843,374 $- $- $- $8,378,582 $80,322 $8,458,904 $- $- $3,300,000 $5,084,470 $- $8,384,470 1 2011
Earthquake
RDA Bonds
Bonds Issued
After 12/31/10
06/07/
2011
07/01/2042 Union
Bank
Bond
Payment
Earthquake 66,610,000 N $2,262,413 - - - 2,262,413 - $2,262,413 - - - - - $- 2 2006
Earthquake
RDA Series A
Bonds
Bonds Issued
On or Before
12/31/10
04/27/
2006
07/01/2029 Union
Bank
Bond
Payment
Earthquake 21,789,219 N $4,365,445 - - - 4,365,445 - $4,365,445 - - - - - $- 5 2011
Earthquake
RDA Bonds
(Reserve)
Reserves 06/07/
2011
07/01/2042 Union
Bank
2011
Earthquake
RDA Bonds
reserve as
required by
the bond
indenture
Earthquake - N $- - - - - - $- - - - - - $-
13 Bank of
America Term
Loan
Third-Party
Loans
05/08/
2008
07/15/2028 Bank of
America
Bank of
America Loan
Payment
Earthquake 10,556,136 N $3,531,894 - - - 1,747,424 - $1,747,424 - - - 1,784,470 - $1,784,470 24 Arizona and 4th
Notes
Miscellaneous 10/13/
2010
01/01/2042 Multiple
entities
Mixed-use
development
with public
plaza and
underground
parking
Earthquake 58,500,000 N $3,300,000 - - - - - $- - - 3,300,000 - - $3,300,000 30 Successor
Administrative
Cost Allowance
Admin Costs 02/01/
2012
06/30/2014 Successor
Agency
3%
Administration
Costs
All 4,144,738 N $80,322 - - - - 80,322 $80,322 - - - - - $- 34 Bond Trustee
Fees- 2011
Earthquake
RDA Bonds
Fees 06/07/
2011
07/01/2042 Union
Bank of
California
Annual Bond
Administrative
Fees
Earthquake 32,000 N $2,000 - - - 2,000 - $2,000 - - - - - $- 35 Bond Trustee
Fees- 2006
Earthquake
RDA Series A
Bonds
Fees 04/27/
2006
07/01/2029 Union
Bank of
California
Annual Bond
Administrative
Fees
Earthquake 3,900 N $1,300 - - - 1,300 - $1,300 - - - - - $- 40 Arizona and
4thReimbursement
Agreement
Miscellaneous 06/23/
2010
01/01/2042 City of
Santa
Monica
Mixed-use
development
with public
plaza and
underground
parking
Earthquake 58,500,000 N $3,300,000 - - - - - $- - - - 3,300,000 - $3,300,000

4.H.a
Packet Pg. 297 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Santa Monica
Recognized Obligation Payment Schedule (ROPS 26-27) - Report of Cash Balances July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude "A" period distribution
amount.
2,309,650 571,098
2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 23-24 total
distribution from the County Auditor-Controller
9,738 5,011 D2 and F2 are for interest earned.
3 Expenditures for ROPS 23-24 Enforceable Obligations
(Actual 06/30/24)
470,481 13,102,758
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
2,319,388
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA
form submitted to the CAC
No entry required 512,422
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $105,628 $(13,615,180) F6 includes Other Funds authorized for use in future periods.

4.H.a
Packet Pg. 298 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Santa Monica
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
1 2
5 13 Variable interest rate. Payment based on Federal Funds Rate as of October 2025 + 2% inflator for period B.
24 30
34 35
40 4.H.a
Packet Pg. 299 Attachment: SA Attachment A - ROPS 26-27 [Revision 4] (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Successor Agency Meeting: December 9, 2025 Santa Monica, California RESOLUTION NO. ______ (SA)

A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY

APPROVING THE ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY OF THE

FORMER REDEVELOPMENT AGENCY TO THE CITY OF SANTA MONICA FOR THE PERIOD JULY 1, 2026 THROUGH JUNE 30, 2027
WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Santa Monica was dissolved as of February 1, 2012, and the City of Santa Monica elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Santa Monica (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, in the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, the oversight boards were consolidated into five consolidated oversight boards each encompassing one of the County’s five supervisorial districts; and WHEREAS, the Third Supervisorial District Consolidated Oversight Board ("Third District Consolidated Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Santa Monica; and
WHEREAS, Section 34177(j) of the Health and Safety Code, provides that the Successor Agency shall prepare an administrative budget (“Administrative Budget”) and submit it to the Oversight Board of the Successor Agency for its approval; and WHEREAS, the Administrative Budget shall include the following:
(1) Estimated amounts for successor agency administrative costs for the upcoming annual fiscal period;

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Packet Pg. 300 Attachment: SA Attachment B - ROPS 26-27 - Admin Budget [Revision 2] (7307 : Approval of Annual Recognized Obligation Payment Schedule (2) Proposed sources of payment for the costs identified in subparagraph (1); (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity; and
WHEREAS, on February 2, 2012, the Successor Agency approved a Reimbursement Agreement by and between the City of Santa Monica and Successor Agency, Contract No. 9549 (CCS/RAS/SA), in accordance with Section 34171(d)(1)(F) of the California Health and Safety Code; and
WHEREAS, Section 34177(k) of the California Health and Safety Code requires the Successor Agency to provide administrative cost estimates, from its approved Administrative Budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Los Angeles County Auditor-Controller for each six-month fiscal period; and
WHEREAS, under Title 14 of the California Code of Regulations, Section 15061(b)(3), the approval of the Administrative Budget is exempt from the requirements of the California Environmental Quality Act (“CEQA”), in that it is not a project as the adoption of the Administrative Budget will not have the potential of causing a significant environmental effect and it can be seen with certainty that there is no possibility that the adoption of the Administrative Budget will have any significant effect on the environment; and
WHEREAS, the Third District Consolidated Oversight Board is scheduled to hold a regular meeting on January 13, 2026; and
WHEREAS, the Third District Consolidated Oversight Board is schedule to review and duly considered the Administrative Budget for the period July 2026 – June 2027, inclusive, attached as Exhibit 1, and other written evidence presented at the meeting.

4.H.b
Packet Pg. 301 Attachment: SA Attachment B - ROPS 26-27 - Admin Budget [Revision 2] (7307 : Approval of Annual Recognized Obligation Payment Schedule

NOW THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

SECTION 1. The Successor Agency hereby finds and determines that the foregoing recitals are true and correct.

SECTION 2. The Successor Agency hereby approves and adopts the Administrative Budget for the period July 2026 – June 2027, inclusive, attached hereto as Exhibit 1.

SECTION 3. The Successor Agency authorizes the Community Development Director to:
(1) Provide an administrative cost estimate to the County Auditor-Controller for the period July 2026 – June 2027, inclusive, based upon the approved Administrative Budget; and
(2) Submit the Administrative Budget to the Department of Finance; and (3) Take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution and to implement the Administrative Budget on behalf of the Successor Agency.

SECTION 4. The Secretary of the Successor Agency shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_____________________________

HEIDI VON TONGELN
Successor Agency Counsel

4.H.b
Packet Pg. 302 Attachment: SA Attachment B - ROPS 26-27 - Admin Budget [Revision 2] (7307 : Approval of Annual Recognized Obligation Payment Schedule Exhibit 1
Successor Agency Administrative Budget
July 1, 2026 to June 30, 2027

SUCCESSOR AGENCY ADMINISTRATIVE BUDGET
July 1, 2026 to June 30, 2027
Department/Responsibilities
Community
Development
Oversees Successor Agency, prepares ROPS, PPA and acts as liaison to the Consolidated Oversight Board, Department of Finance, and County Auditor-Controller. Works with Finance to facilitate payments of enforceable obligations and maintain records of Successor Agency.

POSITION (percent allocation) Budget
PRINCIPAL ADMINISTRATIVE ANALYST (10%) $22,677
DIRECTOR OF COMMUNITY DEVELOPMENT (1%)
BUSINESS ASSISTANT (1%)
$4,191
$1,444
TOTAL COMMUNITY DEVELOPMENT $28,312
Finance Processes Successor Agency payments for enforceable obligations, records accounting, oversees financial audit.

POSITION (percent allocation) Budget
DIRECTOR OF FINANCE (.5%) $1,901
FINANCIAL OPERATIONS MANAGER (1%) $3,460
FINANCIAL REPORTING ADMINISTRATOR (1%) $2,269
TREASURY OPERATIONS SUPERVISOR (1%) $1,603
TOTAL FINANCE $9,234
City Attorney's Office Legal review of all Successor Agency actions, staff reports, resolutions, and reporting obligations.

Attends Successor Agency and Oversight Board meetings.

POSITION (percent allocation) Budget
ASSISTANT CITY ATTORNEY III (2%) $10,686
TOTAL CITY ATTORNEY'S OFFICE $10,686
Records and Elections
Services
Facilitates Successor Agency meetings, agendas, and minutes.

4.H.b
Packet Pg. 303 Attachment: SA Attachment B - ROPS 26-27 - Admin Budget [Revision 2] (7307 : Approval of Annual Recognized Obligation Payment Schedule POSITION (percent allocation) Budget
DEPUTY CITY CLERK (2%) $3,022
TOTAL CITY ATTORNEY'S OFFICE $3,022
Staffing Budget $51,254
Supplies and
Expenses
Financial Audit
Services
$9,798
General Liability $3,716
Meetings and Travel $12,731
Computer
Equipment/Office
Supplies
$2,823
Supplies and
Expenses Budget
$29,068
Total Admin Budget
FY26-27
$80,322

4.H.b
Packet Pg. 304 Attachment: SA Attachment B - ROPS 26-27 - Admin Budget [Revision 2] (7307 : Approval of Annual Recognized Obligation Payment Schedule Attachment C
November 21, 2014 letter from the California Department of Finance

4.H.c
Packet Pg. 305 Attachment: SA Attachment C - Letter from DOF (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and

4.H.c
Packet Pg. 306 Attachment: SA Attachment C - Letter from DOF (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and

4.H.c
Packet Pg. 307 Attachment: SA Attachment C - Letter from DOF (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Attachment D
May 1, 2008 Credit Agreement with Bank of America

4.H.d
Packet Pg. 308 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and

CREDIT AGREEMENT
This Agreement dated as of May 1, 2008, is between Bank of America, N.A. (the "Bank") and the Redevelopment Agency of the City of Santa Monica, a public body corporate and politic (the "Borrower'').

1. LINE OF CREDIT; AMOUNT AND TERMS

1.1 Line of Credit.
(a) During the availability period described below, the Bank will provide a line of credit (the "Line of Credit") to the Borrower. The amount of the Line of Credit ("Commitment") is Fifty Million Dollars ($50,000,000.00). (b) At any time during the availability period, Borrower may request that the initial Commitment be increased to a total Commitment of up to $75,000,000, which is the maximum commitment amount under this Agreement.

Such request of the Borrower must be in the form attached hereto as Exhibit "B" and must be accompanied by the most recent financial information of Borrower set forth in Sections 8.2(a) and (b). Within thirty (30) days following the receipt of such request and accompanying information, and receipt of such other information as the Bank may reasonably request, the Bank shall send written notice to Borrower of its election to increase or not increase the Commitment; provided, that if the Bank fails to send such notice, the Bank shall be deemed to have denied the requested increase.

Any increase to the Commitment is subject to, but not limited to, the conditions that (i) On or before the date the increased Commitment becomes available, Borrower shall pay an additional loan fee equal to .05% of the amount of the increase to the Commitment;
(ii) Borrower and Lender shall enter into an Amendment to Credit Agreement in the form attached hereto as Exhibit "C";
(iii) No Event of Default (as defined in Section 9 of this Agreement) or event which with the passage of time, the giving of notice or both, would constitute an Event of Default has occurred and is continuing under this Agreement;
(iv) No Material Adverse Change has occurred; and
(v) No litigation or governmental action that purports to have a Material Adverse Change shall have occurred and be continuing.

For purposes of this Agreement, the terms "Material Adverse Change" and "Material Adverse Effect" have the following meanings:

4.H.d
Packet Pg. 309 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and "Material Adverse Change" shall mean the occurrence of any event or change resulting in a material and adverse change in the business, financial condition or operations of the Borrower with respect to the Project Area that materially and adversely affects the ability of the Borrower to collect sufficient Pledged Revenues to pay its obligations hereunder and under any other Parity Debt when due or which materially and adversely affects the enforceability of this Agreement or the ability of the Borrower to perform its obligations hereunder.
"Material Adverse Effect" means a materially adverse effect on the Borrower's ability to collect sufficient Pledged Revenues to pay its obligations hereunder and under any other Parity Debt when due or on the Borrower's ability to perform its obligations under this Agreement.
(c) At any time after May 1, 2009, the Borrower may elect to reduce the Commitment by giving the Bank at least 10 Business Days written notice of such election specifying the amount of the Commitment to be maintained and the date on which the Commitment will be reduced.
(d) This is a revolving Line of Credit solely to provide financing for housing activities eligible for funding from the Borrower's Low and Moderate Income Housing Fund funded from the Earthquake Recovery Redevelopment Project Area (the "Project").

During the availability period, Borrower may repay and reborrow principal amounts repaid; provided, that the outstanding principal amount may not exceed the amount of the Commitment at any time; provided that the Commitment shall be reduced by any amounts that are converted to Term Loans.
(e) Each advance of the Commitment (each an "Advance") shall be subject to all of the conditions set forth in Section 6.

1.2 Availability Period.
(a) Initial Expiration Date. The Line of Credit is available between the date of this Agreement and June 1, 2013 (the "Availability Period") or such earlier date as the availability may terminate as provided in this Agreement or such later date if the Line of Credit is extended pursuant to Section 1.2(b) (the "Expiration Date"). (b) Extensions. On any date on or after March 1, 201 0 and at least one year prior to the Expiration Date then in effect and not more frequently than once per year, the Borrower may request a one, two or three-year extension of the Availability Period and the Expiration Date; provided, that (i) the Availability Period may not exceed five years from the date the extension is requested and (ii) the Availability Period may not be extended beyond June 1, 2016 and the Expiration Date may not be extended beyond June 1, 2031. Such request must be in writing and must be accompanied by the following:
(i) Annual cash flow projections for the Borrower for the proposed extension period, together with the assumptions made in preparation of such cash flow projections; (ii) The most recent Five-Year Implementation Plan for the Earthquake Recovery Redevelopment Project Area (the "Project Area"); -2- 5/13/08

4.H.d
Packet Pg. 310 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (iii) The most recent fiscal consultant's report with respect to the Project Area; (iv) The most recent Annual Report and any other disclosure provided by the Borrower pursuant to the Continuing Disclosure Certificate dated April 27, 2006 (the "Continuing Disclosure Certificate") with respect to the Borrower's Senior Debt; and (v) Most recently available audited annual financial statements.

Within thirty (30) days following the Bank's receipt of the foregoing and any other documents and information reasonably requested by the Bank, the Bank shall send written notice to Borrower of its election to extend or not to extend the Expiration Date; provided, that if the Bank fails to send such notice, the Bank shall be deemed to have denied the requested extension.

Any extension is subject to, but not limited to, the conditions that:
(A) No Event of Default or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default has occurred and is continuing under this Agreement;
(B) No Material Adverse Change has occurred with respect to the Borrower; and
(C) No litigation or governmental action that purports to have a Material Adverse Change on the Borrower shall have occurred and be continuing.

1.3 Prime Rate Defined. The Prime Rate is the rate of interest publicly announced frorn time to time by the Bank as its Prime Rate. The Prime Rate is set by the Bank based on various factors, including the Bank's costs and desired return, general economic conditions and other factors, and is used as a reference point for pricing some loans. The Bank may price loans to its customers at, above, or below the Prime Rate. Any change in the Prime Rate shall take effect at the opening of business on the day specified in the public announcement of a change in the Bank's Prime Rate.

1.4 Interest Rate; Optional Interest Rates. Unless the Borrower elects one of the optional interest rates described below, the interest rate is a rate per year equal to (i) during the Availability Period, the LIBOR Rate plus .55% for a one-month period and (ii) during the TermOut Period, the LIBOR Rate plus 1.25% for a one-month period. The optional interest rates shall be subject to the terms and conditions described later in this Agreement. Any principal amount bearing interest at an optional rate under this Agreement is referred to as a "Portion." The following optional interest rates are available:
(a) During the Availability Period, (i) the Prime Rate less 2.0%; (ii) the LIBOR Rate plus .55% during interest periods elected by Borrower pursuant to Section 2.2 below; and (iii) the IBOR Rate plus .55% during the interest periods elected by Borrower pursuant to Section 2.3 below; or, at the Borrower's election and upon delivery of an opinion of nationally recognized bond counsel in form and content acceptable to Bank, Borrower may elect a tax-exempt rate equal to 62.347% of the LIBOR Rate plus 1.47% or the 62.347% of the Prime Rate less 0.12%; and
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Packet Pg. 311 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (b) During the Term-Out Period, (i) the Prime Rate less 1.30%; (ii) the LIBOR Rate plus 1.25% during interest periods elected by Borrower pursuant to Section 2.2 below; and (iii) the IBOR Rate plus 1.25% during the interest periods elected by Borrower pursuant to Section 2.3 below; or, at the Borrower's election and upon delivery of an opinion of nationally recognized bond counsel in form and content acceptable to Bank, Borrower may elect a tax-exempt rate equal to 62.347% of the LIBOR Rate in effect on the Conversion Date (as defined below) plus 1.91% or 62.347% of the Prime Rate plus .32%.
(c) In the event that the Borrower's long-term rating for the Senior Debt for the Project Area is reduced below BBB+ by Standard & Poor's Rating Service or below BBB+/Baa1/BBB+ by any two of Standard & Poor's Rating Service, Moody's Investors Service or Fitch Ratings, respectively, the interest rate during the Availability Period will be increased to the Prime Rate less 1.75% or.80% over the LIBOR Rate or IBOR Rate, as applicable, or for loans bearing interest at a tax-exempt rate, 62.347% of the LIBOR Rate plus 1.63% or 62.347% of the Prime Rate plus 0.04% and the interest rate for Term Loans will be increased to the Prime Rate less 1.00% or 1.55% over the LIBOR Rate or IBOR Rate, as applicable or for loans bearing interest at a tax-exempt rate, 62.347% of the LIBOR Rate plus 2.10% or 62.347% of the Prime Rate plus 0.51%. Notwithstanding the foregoing, the Borrower shall have the right to obtain from the above-referenced rating agencies, a rating with respect to the Pledged Revenues, which if rated BBB+ from Standard & Poor's or BBB+/Baa1/BBB+ by any two of such rating agencies shall restore the spread over the Prime Rate, the LIBOR Rate or IBOR Rate during the Availability and the Term-Out Period to the prior rate before the downgrade by such rating agencies.
(d) In the event LIBOR rates are not available pursuant to Section 2.2(g) or

2.3(f), the Borrower may elect a Fed Funds Rate pursuant to Section 2.4.

1.5 Repayment Terms.
(a) Interest Payments. Interest shall accrue from the date the Portion is advanced to the Borrower and shall be paid in arrears commencing on July 1, 2008 and quarterly thereafter; provided, that with respect to Portions, the Borrower will pay interest on the final day of the interest period for each Portion with an interest period of less than 90 days, and if the interest period applicable to any Portion is 90 days or more, the Borrower shall pay interest quarterly and on the final day of the applicable interest period. In all cases, interest shall be paid on all outstanding amounts until payment in full of any principal outstanding under the Line of Credit. Interest shall be calculated on the basis of a 360-day year and actual days elapsed.
(b) Principal Repayment.
(i) Except as provided in subsections (ii) and (iii) below, the Borrower will repay in full all remaining principal and any unpaid interest or other charges outstanding under the Line of Credit no later than the Expiration Date (the "Line of Credit Maturity Date"). Any interest period for a LIBOR-based interest rate (as described below) shall expire no later than the Line of Credit Maturity Date. -4- 5/13/08

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Packet Pg. 312 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (ii) To the extent that Borrower receives cash proceeds from the sale or refinance of any Borrower owned asset financed with the proceeds of the Line of Credit and such cash proceeds are not reinvested in the Project within 180 days upon such sale or refinance, Borrower shall repay a portion of the outstanding principal amount of the Line of Credit on the last day of next Interest Rate Period for Advances bearing interest at a LIBOR Rate or IBOR Rate or on the first day of the next succeeding month for Advances bearing interest at the Prime Rate.
(iii) (A) Term-Out Period. At any time during the Availability Period, subject to the conditions set forth below, the Borrower may elect to convert all or a portion of the outstanding principal amount .of the Line of Credit to a permanent loan with a maturity date the earlier of (a) fifteen years plus the remaining term of the Availability Period and (b) fifteen years after the end of the Availability Period (the "Term-Out Maturity Date").

The period between the Conversion Date and the Term-Out Maturity Date for each amount so converted is referred to as the "Term-Out Period." Each amount so converted is referred to as a "Term Loan."
(B) Payment during Term-Out Period. During the Term-Out Period, the Borrower shall make equal semi-annual payments of principal plus accrued interest with respect to each Term Loan on January 15 and July 15 of each year, and the Borrower will repay in full all remaining principal and any unpaid interest or other charges outstanding with respect to each Term Loan no later than Term-Out Maturity Date. (C) Conversion to Term-Out Period. Upon not less than ten days written notice to Lender in the form attached hereto as Exhibit "D", Borrower may elect to convert not less than $5,000,000 of the outstanding principal of the Line of Credit to a Term Loan. The conversion notice shall include the amount to be converted to a Term Loan and the date upon which the amount is to be converted (the "Conversion Date").

Any conversion is subject to, but not limited to, the conditions that:
(1) No Event of Default or event which with the passage of time and giving notice, or both, would constitute an Event of Default has occurred and is continuing under this Agreement;
(2) The Conversion Date shall be the last day of all Portions that are to be converted to a Term Loan on such date; and
(3) Upon each conversion, the Commitment available to be drawn down by Borrower shall be reduced by the amount of such Term Loan.
(c) Notice of Amount Due. At least 5 business days prior to each interest or principal payment date, the Bank shall provide the Borrower with written notice containing a calculation of the principal and interest due on each Portion on such date.

2. OPTIONAL INTEREST RATES

2.1 Optional Rates. Each optional interest rate is a rate per year. Interest will be paid as provided in Section 1.4. At the end of any interest period, the Borrower shall be -5- 5/13/08

4.H.d
Packet Pg. 313 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and deemed to have elected for the Portion a new interest rate based on the same optional interest rate program for a one-month period, unless the Borrower provides different instructions to Lender at least three days prior to the end of such interest period if Borrower elects a LIBORbased interest rate or at least one Business Day prior to the end of such interest period if Borrower elects an IBOR-based interest rate or a Prime Rate-based interest rate. No Portion will be converted to a different interest rate during the applicable interest period.

2.2 LIBOR Rate. The election of LIBOR Rates shall be subject to the following terms and requirements:
(a) The interest period during which the LIBOR Rate will be in effect will be one week, or one, three or six months as selected by Borrower. The first day of the interest period must be a day other than a Saturday or a Sunday on which the Bank is open for business in New York and London and dealing in offshore dollars (a "LIBOR Banking Day"). The last day of the interest period and the actual number of days during the interest period will be determined by the Bank using the practices of the London inter-bank market.
(b) Each LIB OR Rate Portion will be for an amount not less than Five Hundred Thousand Dollars ($500,000).
(c) The "LIBOR Rate" means the interest rate determined by the following formula, rounded upward to the nearest 1/100 of one percent. (All amounts in the calculation will be determined by the Bank as of the first day of the interest period.) Where,
LIBOR Rate= London Inter-Bank Offered Rate
(1.00- Reserve Percentage)
(i) "London Inter-Bank Offered Rate" means the average per annum interest rate at which U.S. dollar deposits would be offered for the applicable interest period by major banks in the London inter-bank market, as shown on the Telerate Page 3750 (or any successor page) at approximately 11:00 a.m.

London time two (2) London Banking Days before the commencement of the interest period. If such rate does not appear on the Telerate Page 3750 (or any successor page), the rate for that interest period will be determined by such alternate method as reasonably selected by Bank. A "London Banking Day" is a day on which the Bank's London Banking Center is open for business and dealing in offshore dollars.
(ii) "Reserve Percentage" means the total of the maximum reserve percentages for determining the reserves to be maintained by member banks of the Federal Reserve System for Eurocurrency Liabilities, as defined in Federal Reserve Board Regulation D, rounded upward to the nearest 1/100 of one percent. The percentage will be expressed as a decimal, and will include, but not be limited to, marginal, emergency, supplemental, special, and other reserve percentages.
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Packet Pg. 314 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (d) The Borrower shall irrevocably request a LIBOR Rate Portion no later than 12:00 noon Los Angeles time on the LIBOR Banking Day preceding the day on which the London Inter-Bank Offered Rate will be set, as specified above. For example, if there are no intervening holidays or weekend days in any of the relevant locations, the request must be made at least three days before the LIBOR Rate takes effect. (e) Each prepayment of a LIBOR Rate Portion, whether voluntary, by reason of acceleration or otherwise, will be accompanied by the amount of accrued interest on the amount prepaid and a prepayment fee as described below. A "prepayment" is a payment of an amount on a date earlier than the scheduled payment date for such amount as required by this Agreement.
(f) The prepayment fee shall be equal to the amount (if any) by which:
(i) The additional interest which would have been payable during the interest period on the amount prepaid had it not been prepaid, exceeds (ii) The interest which would have been recoverable by the Bank by placing the amount prepaid on deposit in the domestic certificate of deposit market, the Eurodollar deposit market, or other appropriate money market selected by the Bank and communicated to the Borrower, for a period starting on the date on which it was prepaid and ending on the last day of the interest period for such Portion (or the scheduled payment date for the amount prepaid, if earlier).
(g) The Bank will have no obligation to accept an election for a LIBOR Rate Portion if any of the following described events has occurred and is continuing:
(i) Dollar deposits in the principal amount, and for periods equal to the interest period, of a LIBOR Rate Portion are not available in the London interbank market; or (ii) The LIBOR Rate does not accurately reflect the cost of a LIBOR Rate Portion.

2.3 IBOR Rate. The election of IBOR Rates shall be subject to the following terms and requirements:
(a) The interest period during which the IBOR Rate will be in effect will be from one to fourteen days, one week, or one, three or six months. The last day of the interest period will be determined by the Bank using the practices of the offshore dollar inter -bank market.
(b) Each IBOR Rate Portion will be for an amount not less than One Hundred Thousand Dollars ($100,000).
(c) The "IBOR Rate" means the interest rate determined by the following formula, rounded upward to the nearest 1/100 of one percent. (All amounts in the calculation will be determined by the Bank as of the first day of the interest period.) -7- 5/13/08

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Packet Pg. 315 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and IBOR Rate= IBOR Base Rate
(1.00- Reserve Percentage)
Where,
(i) "IBOR Base Rate" means the interest rate at which the Bank's Grand Cayman Banking Center, Grand Cayman, British West Indies, would offer U.S. dollar deposits for the applicable interest period to other major banks in the offshore dollar inter-bank market.
(ii) "Reserve Percentage" means the total of the maximum reserve percentages for determining the reserves to be maintained by member banks of the Federal Reserve System for Eurocurrency Liabilities, as defined in Federal Reserve Board Regulation D, rounded upward to the nearest 1/100 of one percent. The percentage will be expressed as a decimal, and will include, but not be limited to, marginal, emergency, supplemental, special, and other reserve percentages.
(d) Each prepayment of an IBOR Rate Portion, whether voluntary, by reason of acceleration or otheJWise, will be accompanied by the amount of accrued interest on the amount prepaid, and a prepayment fee as described below. A "prepayment" is a payment of an amount on a date earlier than the scheduled payment date for such amount as required by this Agreement.
(e) The prepayment fee shall be equal to the amount (if any) by which:
(i) The additional interest which would have been payable during the interest period on the amount prepaid had it not been prepaid, exceeds (ii) The interest which would have been recoverable by the Bank by placing the amount prepaid on deposit in the domestic certificate of deposit market, the Eurodollar deposit market, or other appropriate money market selected by the Bank and communicated to the Borrower for a period starting on the date on which it was prepaid and ending on the last day of the interest period for such Portion (or the scheduled payment date for the amount prepaid, if earlier).
(f) The Bank will have no obligation to accept an election for an IBOR Rate Portion if any of the following described events has occurred and is continuing:
(i) Dollar deposits in the principal amount, and for periods equal to the interest period, of an IBOR Rate Portion are not available in the offshore dollar inter-bank market; or
(ii) The IBOR Rate does not accurately reflect the cost of an IBOR Rate Portion.

2.4 "Fed Funds Rate" shall mean the arithmetic average of the rates of interest asked by two (2) New York Federal funds traders for the purchase of Federal funds, multiplied by the quotient of 365 divided by 360, (a) plus 1.00% during the Availability Period, and (b) plus -8- 5/13/08

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Packet Pg. 316 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and

1.70% during the Term-Out Period. The rate will be determined by the Bank, and will be rounded to the nearest 1/100 of one percent. The Federal funds traders will be selected by the Bank at approximately 10:00 a.m., and will be of recognized standing. For days on which banks in New York (or any other location relevant to this Agreement) are required or permitted to be closed, the applicable interest rate will be the rate for the next preceding banking day.

3. FEES AND EXPENSES

3.1 Fees.
(a) Loan Fee. The Borrower agrees to pay a loan fee of Twenty Five Thousand Dollars ($25,000) on the Effective Date, which fee shall be deemed earned by the Bank and shall be nonrefundable. If the Commitment is increased pursuant to Section 1.1 (b), Borrower shall pay an additional Joan fee equal to .05% of the amount of the increase to the Commitment as provided in Section 1.1 (b). (b) Unused Commitment Fee. During the availability period described in Section 1.2, the Borrower shall pay an annual fee on any difference between the amount of the Commitment and the aggregate amount of credit it actually uses, determined by the average of the daily amount of credit outstanding during the specified period, calculated at .30% per annum. Such fee shall be payable quarterly in arrears commencing on July 1 , 2008 with the final payment due on the Expiration Date, as such date may be extended. If Borrower elects to reduce the Commitment as provided in Section 1.1 (c), the unused Commitment fee shall be reduced to .30% of the unused Commitment as of the date of such reduction.

The Bank shall provide written notice to the Borrower of amount due pursuant to this subsection at least 5 business days in advance of each payment date.

In the event that the Borrower's long-term rating for the Senior Debt for the Project Area is reduced below BBB+ by Standard & Poor's Rating Service or BBB+/Baa1/BBB+ by any two of Standard & Poor's Rating Service, Moody's Investor Service or Fitch Ratings, respectively, the unused commitment fee will be calculated at .40% per annum; provided, however, the Borrower shall have the right to obtain from the abovereferenced rating agencies, a rating with respect to the Pledged Revenues, which if rated BBB+ by Standard & Poor's Rating Service or BBB+/Baa1/BBB+ by any two of such rating agencies shall restore the unused Commitment fee to .30% per annum. (c) Waiver Fee. If the Bank, at its discretion, agrees to waive or amend any terms of this Agreement, the Borrower will, at the Bank's option, pay the Bank a fee for each waiver or amendment in an amount advised by the Bank at the time the Borrower requests the waiver or amendment for Bank's reasonable legal and administrative costs in processing such waiver or amendment. Nothing in this paragraph shall imply that the Bank is obligated to agree to any waiver or amendment requested by the Borrower. The Bank may impose additional requirements as a condition to any waiver or amendment. (d) Late Fee. To the extent permitted by Jaw, the Borrower agrees to pay a late fee in an amount not to exceed four percent (4%) of any payment that is more than -9- 5/13/08

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Packet Pg. 317 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and five (5) days late. The imposition and payment of a late fee shall not constitute a waiver of the Bank's rights with respect to the default.

3.2 Expenses. In connection with the negotiation, execution and delivery of this Agreement, the Borrower shall pay to Kathleen Johnson, Esq., counsel for the Bank, $ __ .

The Borrower shall also pay (a) all reasonable out-of-pocket expenses of the Bank, including reasonable fees and expenses of counsel retained by the Bank in connection with any waiver or consent hereunder or any amendment hereof or thereof, {b) if any Event of Default occurs or an event which with the passage of time, the giving of notice or both would constitute an Event of Default, all out-of-pocket expenses incurred by the Bank, including the fees and disbursements of counsel and experts retained by the Bank in connection with such event and collection and other enforcement proceedings resulting therefrom and (c) all costs associated with any performance of, or any payment made under, this Agreement, or any amendment hereto.

4. SECURITY FOR THE LINE OF CREDIT

4.1 Pledge of Revenues. The Borrower's obligation to make payments pursuant to the Line of Credit established pursuant to this Agreement is a special limited obligation of the Borrower payable from and secured solely by a pledge of and security interest in and to all of the Pledged Revenues, subordinate only to the first priority pledge of the tax increment revenues from the Project Area to secure the Senior Debt outstanding as of the date of this Agreement and any Senior Parity Debt issued pursuant to the terms of the Senior Indenture.

Pursuant to Section 33671.5 of the Redevelopment Law, the pledge of the Pledged Revenues hereunder and the lien thereon shall be subject in all respects to the prior liens, claim and charge thereon of any Senior Debt now or hereafter issued or refunded in accordance with the terms hereof. The Bank acknowledges that to the extent Pledged Revenues constitute Tax Revenues, such monies are only available to the extent such Tax Revenues are released as surplus from the Special Fund established pursuant to the Senior Indenture. Except for the Pledged Revenues, no other funds or properties of the Borrower shall be pledged to or otherwise liable for payments with respect to the Line of Credit. The Borrower shall allocate Pledged Revenues FIRST, to the payment of the principal and interest or other payments then due with respect to the existing Senior Debt and Senior Parity Debt, SECOND, to the payment of the principal and interest or other payments then due with respect to the Line of Credit and any Subordinate Parity Debt on a pari passu basis, and, only after all principal and interest then due with respect to the Senior Debt and Senior Parity Debt, the Line of Credit and Subordinate Parity Debt have been paid, then to the payment of administrative expenses and other obligations of the Borrower. The pledge and allocation of Pledged Revenues hereunder is for the exclusive benefit of the Bank and shall be irrevocable until all principal, interest and other sums owed by the Borrower to the Bank have been paid in full.

4.2 Defined Terms.

For purposes of this Agreement, unless otherwise defined in this Agreement, the following terms shall have the following meanings:
"Low and Moderate Income Housing Fund" means the Low and Moderate Income Housing Fund maintained by the Borrower in accordance with Section 33334.3 of the Redevelopment Law.
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Packet Pg. 318 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and "Low and Moderate Income Housing Tax Revenues" means the portion of Tax Revenues derived from the Redevelopment Plan required by Section 33334.2, 33334.3 and 33334.6 of the Redevelopment Law to be deposited in the Low and Moderate Income Housing Fund.
"Pledged Revenues" means that portion of Low and Moderate Income Housing Tax Revenues derived from the Redevelopment Plan received by the Agency with respect to the Project Area, and, with respect to any portion thereof comprising Tax Revenues, subject to the prior lien of the Senior Debt.
""Redevelopment Law" means the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code, and the acts amendatory thereof and supplemental thereto.
"Redevelopment Plan" means the Redevelopment Plan for the project designated as the "Santa Monica Earthquake Recovery Redevelopment Project", approved by Ordinance No. 1747 of the City Council of the City of Santa Monica, adopted on June 21, 1994, together with any amendments thereof heretofore or hereafter duly enacted pursuant to the Redevelopment Law.
"Senior Debt" means the Borrower's $49,945,000 2006 Tax Allocation Refunding Bonds, Series A and the Borrower's $14,775,000 2006 Taxable Tax Allocation Refunding Bonds, Series B, to the extent such obligations are outstanding as of the date of this Agreement and any other obligations under the Senior Indenture with respect thereto which are secured thereunder by the Tax Revenues, and any debt issued on a parity therewith in accordance with the provisions of the Senior Indenture or any refunding thereof.
"Senior Indenture" means the Indenture of Trust dated as of April 1, 2006 between the Borrower and Union Bank of California, N.A., as trustee (the 'Trustee"), and the First Supplement to Indenture of Trust dated as of April 1, 2006 between the Borrower and the Trustee or, in the event the Senior Indenture is defeased, the instrument pursuant to which the Special Fund (as defined in the Senior Indenture for Senior Debt is maintained. "Subordinate Parity Debt" means any obligation of the Borrower payable from and secured by a lien on the Pledged Revenues on a parity herewith. "Tax Revenues" shall have the meaning set forth in the Senior Indenture.

5. DISBURSEMENTS. PAYMENTS AND COSTS

5.1 Disbursements and Payments.
(a) Each payment by the Borrower will be made at the Bank's banking center (or other location) selected by the Bank from time to time; and will be made in immediately available funds, or such other type of funds selected by the Bank. -11- 5/13108

4.H.d
Packet Pg. 319 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (b) Each request for an Advance shall be made in writing in the form of the requisition attached hereto as Exhibit "A" (an "Advance Request") signed by an individual identified in a certificate delivered to the Bank specifying the authorized representatives of the Borrower (each an "Authorized Representative"). Each disbursement by the Bank and each payment by the Borrower will be evidenced by records kept by the Bank. In addition, the Bank may, if required by any statute or regulation applicable to all national banks or a class of all national banks, require the Borrower to sign one or more promissory notes with terms consistent with this Agreement.

5.2 Telephone and Telefax Authorization for LIBOR-Based and IBOR-Based Portions.
(a) In connection with the expiration of any LIBOR-based or IBOR-based Portion and the selection by the Borrower of the interest rate that will apply to such Portion following expiration, the Bank may honor telephone or telefax instructions for advances or repayments or for the designation of LIBOR-based or IBOR-based interests given, or purported to be given, by an Authorized Representative, or any other individual designated by any one of such authorized signers. Each request shall be confirmed in writing and shall confirm the information for the Advance required by Section 5.2(b ). (b) Any request for an Advance, including the initial Advance under this Agreement, received by Noon on a business day will be funded by the Bank by 11:00 a.m. on (i) the third Business Day thereafter if such Advance will bear interest at the LIBOR Rate or (ii) on the next succeeding Business Day if such Advance will bear interest at the Prime Rate or the IBOR Rate. Each Advance Request given pursuant to Section 5.1 and each instruction regarding the rollover of LIBOR-based or IBOR-based Portions must include the Borrower's election of the interest rate to apply to such Advance or LIBOR-based or IBOR-based Portion, but if no election is made, the Advance or LIBOR-based or IBOR-based Portion will bear interest at a rate based on the Prime Rate until another interest rate election is made by the Borrower. If the Borrower selects an interest rate based on the LIBOR Rate, the request for Advance must be made no later than the date the Borrower must make its interest rate election under Section 2.2(d).
(c) Advances will be deposited in the account designated to the Bank by the Borrower in writing.
(d) The Borrower will indemnify and hold the Bank harmless from all liability, loss, and costs in connection with any act resulting from telephone or telefax instructions the Bank reasonably believes are made by any individual authorized by the Borrower to give such instructions. This paragraph will survive this Agreement's termination, and will benefit the Bank and its officers, employees, and agents. (e) In connection with each Advance, the Borrower shall certify to the Bank that the amount of the Advance requested plus all amounts then outstanding under the Line of Credit are equal to or less than the Annual Principal Cap set forth in the certificate of Borrower delivered pursuant to Section 8.2(d) on the immediately preceding -12- 5/13/08

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Packet Pg. 320 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and March 15
' or as then certified in accordance with Section 8.2(d) and accompanied by the most recent information available as described in Section 8.2(a).

5.3 Banking Days. Unless otherwise provided in this Agreement, a banking day is a day other than a Saturday, Sunday or other day on which commercial banks are authorized to close, or are in fact closed, in the state where the Bank's lending office is located, and, if such day relates to amounts bearing interest at an offshore rate (if any), means any such day on which dealings in dollar deposits are conducted among banks in the offshore dollar interbank market. All payments and disbursements which would be due on a day which is not a banking day will be due on the next banking day. All payments received on a day which is not a banking day will be applied to the credit on the next banking day.

5.4 Taxes.
(a) Taxes. Any and all payment to the Bank by the Borrower hereunder shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges, withholdings or liabilities imposed thereon, excluding, however, taxes imposed thereon or measured by the net income or capital of the Bank by any jurisdiction or any political subdivision or taxing authority thereof or therein solely as a result of a connection between the Bank and such jurisdiction or political subdivision (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower shall be required by law to withhold or deduct any Taxes imposed by the United States or any political subdivision thereof from or in respect of any sum payable hereunder to the Bank, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 5.4 ), the Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions and (iii) the Borrower shall pay the full amount deducted to the relevant taxation authority or other authority in accordance with applicable law. If the Borrower shall make any payment under this Section 5.4 to or for the benefit of the Bank with respect to Taxes and if the Bank shall claim any credit or deduction for such Taxes against any other taxes payable by the Bank to any taxing jurisdiction in the United States then the Bank shall pay to the Borrower an amount equal to the amount by which such other taxes are actually reduced; provided that the aggregate amount payable by the Bank pursuant to this sentence shall not exceed the aggregate amount previously paid by the Bank pursuant to this sentence shall not exceed the aggregate amount previously paid by the Borrower with respect to such Taxes. In addition, the Borrower agrees to pay any present or future stamp, recording or documentary taxes and any other excise or property taxes, charges or similar levies that arise under the laws of the United States of America or the State of New York from any payment made hereunder or from the execution or delivery or otherwise with respect to this Agreement (hereinafter referred to as "Other Taxes"). The Bank shall provide to the Borrower within a reasonable time a copy of any written notification it receives with respect to Other Taxes owing by the Borrower to the Bank hereunder provided that the Bank's failure to send such notice shall not relieve the Borrower of its obligation to pay such amounts hereunder. (b) Indemnity. The Borrower shall, to the fullest extent permitted by law, indemnify the Bank for the full amount of Taxes and Other Taxes including any Taxes or Other Taxes imposed by any jurisdiction on amounts payable under this Section 5.4 paid -13-
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Packet Pg. 321 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and by the Bank or any liability (including penalties, interest and expenses) arising therefrom or with respect thereto, whether or not such Taxes or Other Taxes were correctly or legally asserted; provided that the Borrower shall not be obligated to indemnify the Bank for any penalties, interest or expenses relating to Taxes or Other Taxes arising from the Bank's gross negligence or willful misconduct. The Bank agrees to give notice to the Borrower of the assertion of any claim against the Bank relating to such Taxes or Other Taxes as promptly as is practicable after being notified of such assertion; provided that the Bank's failure to notify the Borrower promptly of such assertion shall not relieve the Borrower of its obligation under this Section 5.4. Payments by the Borrower pursuant to this indemnification shall be made within thirty (30) days from the date the Bank makes written demand thereof. The Bank agrees to repay to the Borrower any refund (including that portion of any interest that was included as part of such refund) with respect to Taxes or Other Taxes paid by the Borrower pursuant to this Section 5.4 received by the Bank for Taxes or Other Taxes that were paid by the Borrower pursuant to this Section

5.4 and to contest, with the cooperation and at the expense of the Borrower, any such Taxes or Other Taxes which the Bank or the Borrower reasonably believes not to have been proper assessed.
(c) Notice. Within thirty (30) days after the date of any payment of Taxes by the Borrower, the Borrower shall furnish to the Bank, the original or a certified copy of a receipt evidencing payment thereof.
(d) Survival of Obligations. The obligations of the Borrower under this Section 5.4 shall survive the termination of this Agreement.

5.5 Additional Costs
(a) If the Bank shall have determined that the adoption or implementation of, or any change in, any law, rule, treaty or regulation, or any policy, guideline or directive of, or any change in the interpretation or administration thereof by any court, central bank or other administrative or governmental authority (in each case, whether or not having the force of law), or compliance by the Bank with any request or directive of any such court, central bank or other administrative or governmental authority (whether or not having the force of law), shall (A) change the basis of taxation of payments to the Bank of any amounts payable hereunder (except for taxes on the overall net income of the Bank), (B) impose, modify or deem applicable any reserve, special deposit or similar requirement against making or maintaining its obligations under this Agreement or assets held by, or deposit with or for the account of, the Bank or (C) impose on the Bank any other condition regarding this Agreement, and the result of any event referred to in clause (A), (B) or (C) above shall be to increase the cost to the Bank of making or maintaining its obligations hereunder, or to reduce the amount of any sum received or receivable by the Bank hereunder, then, the Borrower shall pay to the Bank, at such time and in such amount as is set forth in paragraph (c) of this Section 5.5, such additional amount or amounts as will compensate the Bank for such increased costs or reductions in amount.
(b) If the Bank shall have determined that the adoption or implementation of, or any change in, any law, rule or regulation, or any policy, guideline or directive of, or any change in the interpretation or administration thereof, by, any court, central bank or other administrative or governmental authority, or compliance by the Bank with any -14- 5/13/08

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Packet Pg. 322 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and directive of or compliance by the Bank with any directive of or guidance from any central bank or other authority (in each case, whether or not having the force of law), shall impose, modify or deem applicable any capital adequacy or similar requirement (including, without limitation, a request or requirement that affects the manner in which the Bank allocates capital resources to its commitments, including its obligations under lines of credit) that either (A) affects or would affect the amount of capital to be maintained by the Bank or (B) reduces or would reduce the rate of return on the Bank's capital to a level below that which the Bank could have achieved but for such circumstances (taking into consideration the Bank's policies with respect to capital adequacy) then, the Borrower shall pay to the Bank, at such time and in such amount as is set forth in paragraph {c) of this Section, such additional amount or amounts as will compensate the Bank for such cost of maintaining such increased capital or such reduction the rate of return on the Bank's capital.
(c) All payments of amounts referred to in paragraphs (a) and (b) of this Section shall be due and payable thirty (30) days following the Borrower's receipt of notice thereof. Interest on the sums due as described in paragraphs (a) and (b) of this Section, and in the preceding sentence, shall begin to accrue from the date when the payments were first due and shall otherwise be payable in accordance with Section 1.6 hereof; provided, that from and after the required date of payment, interest shall begin to accrue on such obligations at a rate per annum equal to the Default Rate until such delinquent payments have been paid in full. A certificate as to such increased cost, increased capital or reduction in return incurred by the Bank as a result of any event mentioned in paragraphs (a) or {b) of this Section setting forth, in reasonable detail, the basis for calculation and the amount of such calculation shall be submitted by the Bank to the Borrower and shall be conclusive (absent manifest error) as to the amount thereof.

In making the determinations contemplated by the above referenced certificate, the Bank may make such reasonable estimates, assumptions, allocations and the like that the Bank in good faith determines to be appropriate. Notwithstanding anything contained in paragraphs (a) or (b) of this Section, above, the Borrower shall have no liability to the Bank for any increased costs, increased capital or reduction in return to the extent incurred by the Bank more than sixty (60) days prior to the date the above-described certificate is given to the Borrower.
(d) Notwithstanding the foregoing, on any date following receipt of notice pursuant to subsection (c) above, the Borrower shall have the right to repay all amounts outstanding, including accrued interest to the date of repayment, on the Line of Credit upon 10 days' notice to the Bank, without penalty other than any prepayment fee due pursuant to Section 2.2(f) or 2.3(e) above and without further liability for any Additional Costs identified in subsections (a) and (b) above.

5.6 Interest Calculation. Except as otherwise stated in this Agreement, all interest and fees, if any, will be computed on the basis of a 360-day year and the actual number of days elapsed. This calculation results in more interest or a higher fee than if a 365-day year is used.

Installments of principal which are not paid when due under this Agreement shall continue to bear interest until paid.

5.7 Default Rate.
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Packet Pg. 323 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (a) Borrower Defaults. Upon the occurrence of any default under this Agreement, principal amounts outstanding under this Agreement will at the option of the Bank bear interest at a rate which is 2.0 percentage point(s) higher than the rate of interest otherwise provided under this Agreement; provided, that such rate shall not exceed 12% per annum or the maximum rate then permitted by applicable law.
(b) The Bank's election to apply the default rate as provided in this Section 5. 7 will not constitute a waiver of any default.

6. CONDITIONS
The Bank must receive the following items, in form and content acceptable to the Bank, before it is required to extend any credit to the Borrower under this Agreement:

6.1 Authorizations. Evidence that the execution, delivery and performance by the Borrower of this Agreement and any instrument or agreement required under this Agreement has been duly authorized.

6.2 Documents. Fully executed and, where required, acknowledged copies of this Agreement.

6.3 Legal Opinions. Written opinions from bond counsel and the Borrower's legal counsel, covering such matters as the Bank may require, including without limitation an opinion that the Borrower is authorized under California law to enter into this loan agreement, that this agreement is enforceable against the Borrower in accordance with its terms. The legal counsel and the terms of the opinion must be acceptable to the Bank.

6.4 Payment of Fees. Payment of all accrued and unpaid expenses incurred by the Bank as required by Section 3.3 entitled "Reimbursement of Closing Costs."

6.5 Resolution of Board. Copies of resolutions of the Governing Board of the Borrower, certified as of the execution date by the Secretary of the Board, authorizing, among other things, the execution, delivery and performance by the Borrower of this Agreement.

6.6 Authoritv; Incumbency. A certificate of an authorized representative of the Borrower dated the execution date certifying as to the authority, incumbency and specimen signatures of the representative of the Borrower authorized to sign this Agreement and any other documents to be delivered by it hereunder and who will be authorized to represent the Borrower in connection with this Agreement, upon which the Bank may rely until it receives a new such certificate.

6. 7 Governmental Approvals. Except for state "blue sky" laws, true and correct copies of any and all governmental approvals necessary for the Borrower to enter into this Agreement and such approvals necessary at the Closing Date for the transactions contemplated thereby and hereby, or if no governmental approvals are required, a certificate of an Authorized Representative of the Borrower to the effect that no such approvals are necessary.

6.8 Financial Statements and Other Information. Borrower's most recent audited financial statements, fiscal consultant reports, analysis of composition of redevelopment project areas, values and collection trends and any other financial information reasonably requested by -16-
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Packet Pg. 324 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Bank.

6.9 Additional Bonds Test. Documents for Senior Debt, and any other debt of Borrower that is senior to or on a parity with this Agreement confirming that execution, delivery and performance of Borrower's obligations under this Agreement will not constitute a default under any such documents.

7. REPRESENTATIONS AND WARRANTIES
When the Borrower signs this Agreement, and until the Bank is repaid in full, the Borrower makes the following representations and warranties. Each request for an Advance constitutes a renewal of these representations and warranties as of the date of the request:

7.1 Legal Status. Borrower is a redevelopment agency and public body corporate and politic, duly and validly created under Part 1 of Division 24 of the California Health and Safety Code (the "Law") and has all requisite power and authority to carry on its business as now conducted.

7.2 Authorization. This Agreement, and any instrument or agreement required hereunder, are within the Borrower's powers, have been duly authorized, and do not conflict with any of its organizational papers.

7.3 Business Operations. The Borrower has all powers and all governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted.

7.4 Approvals. No further approval, authorization, consent, order, notice to or filing or registration with any governmental authority or any public board or body (other than in connection or in compliance with the provisions of the securities or "blue sky" laws of any jurisdiction which were not required on or prior to the Closing Date) is legally required with respect to the Borrower's obligations under this Agreement.

7.5 Disclosure of Information. The statements and information provided to the Bank in connection with this Agreement which consists solely of the materials identified on Exhibit E hereto, are accurate in all material respects as of the date of such materials, except as otherwise disclosed to the Bank in writing.

7.6 Enforceable Agreement. Subject to fraudulent conveyance, moratorium and other laws relating to or affecting creditors' rights, to the application of equitable principles, to the exercise of judicial discretion in appropriate cases and to limitations on legal remedies against redevelopment agencies in the State of California, this Agreement is a legal, valid and binding agreement of the Borrower, enforceable against the Borrower in accordance with its terms, and any instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable.

7.7 No Conflicts. This Agreement does not conflict with any law, agreement, or obligation by which the Borrower is bound, including without limitation any provisions of the loan agreements, indentures or fiscal agent agreements relating to the Senior Debt.

7.8 Financial Information. To the actual knowledge of the Borrower, all financial and other information that has been supplied to the Bank is sufficiently complete to give the Bank -17-
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Packet Pg. 325 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and accurate knowledge of the Borrower's financial condition, including all material contingent liabilities which could have a Material Adverse Effect. Since the date of the most recent financial statement provided to the Bank, there has been no Material Adverse Change in the business condition (financial or otherwise), operations, properties or prospects of the Borrower.

7.9 Lawsuits. There is no lawsuit, tax claim or other dispute pending or threatened against the Borrower which, if lost, would have a Material Adverse Effect, except as have been disclosed in writing to the Bank.

7.10 Other Obligations. The Borrower is not in default on any obligation for borrowed money, any purchase money obligation or any other material lease, commitment, contract, instrument or obligation, except as have been disclosed in writing to the Bank.

7.11 No Event of Default. There is no event which is, or with notice or lapse of time or both would be, a default under this Agreement.

7.12 Location of Borrower. The Borrower's place of business (or, if the Bqrrower has more than one place of business, its chief executive office) is located at the address listed under the Borrower's signature on this Agreement.

7.13 Changes in Law. To the best of the Borrower's knowledge, there is not pending any change of law, which, if enacted or adopted, could have a Material Adverse Effect on the Borrower's ability to perform its obligations under this Agreement.

7.14 Immunity from Jurisdiction. Borrower is not entitled under California law to claim immunity on sovereign or other similar grounds with respect to itself in relation to this Agreement or the Pledged Revenues from (i) suit, (ii) jurisdiction of any court, or (iii) relief by way of injunction, order for specific performance or order for recovery of property; provided, that no representation is made with respect to the waiver of immunity under the XI Amendment of the United States Constitution; and provided further, that any claim made hereunder shall be made in accordance with and pursuant to the procedures provided by the laws of the State of California.

7.15 Redevelopment Plan. The Redevelopment Plan has been duly authorized and adopted by the Borrower, remains in full force and effect and, except as disclosed to the Bank in writing, has not been amended, superseded or replaced. The Borrower is permitted to enter into this Agreement by the terms of the Redevelopment Plan.

8. COVENANTS
The Borrower agrees, so long as credit is available under this Agreement and until the Bank is repaid in full:

8.1 Use of Proceeds. To use the proceeds of the Line of Credit only for the purposes permitted by Section 1.1.

8.2 Financial Information. To provide the following financial information and statements in form and content acceptable to the Bank, and such additional information as requested by the Bank from time to time:
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Packet Pg. 326 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (a) By March 1 of each year, commencing with March 1, 2009, an annual statement of estimated tax increment revenue of the Borrower for the current fiscal year based on information provided by the County tax collector, certified and dated by an authorized financial officer of the Borrower and a statement of actual tax increment revenues for the preceding fiscal year.
(b) Within 180 days after the Borrower's fiscal year end, commencing with the fiscal year ended June 30, 2007, the Borrower's annual financial statements, certified and dated by an authorized financial officer of the Borrower. These financial statements must be audited (with an unqualified opinion) by a firm of independent certified public accountants of recognized national or regional standing. (c) By March 1 of each year, commencing with March 1, 2009, the Annual Report and any other disclosure provided by the Borrower pursuant to the Continuing Disclosure Certificate for the current fiscal year with respect to the Borrower's Senior Debt. (d) By March 1 of each year, commencing with March 1, 2009, a certificate of an authorized financial officer that states the Debt Service Coverage Ratio (as defined in Section 8.9) as of March 1 of such year and demonstrates on a pro forma basis for the current and each fiscal year thereafter (taking into account all financial limitations imposed pursuant to the Redevelopment Plan or the Redevelopment Law and other factors which would cause a reduction in Pledged Revenues in any future year) the maximum amount of Advances that may be outstanding during such period in order for Borrower to maintain a Debt Service Coverage Ratio of at least 1.25: 1 (the "Annual Principal Cap").
(e) Within the periods provided in (a), (b), (c) and (d) above, a compliance certificate of the Borrower signed by an authorized financial officer of the Borrower setting forth whether there existed as of the date of such statements and whether there exists as of the date of the certificate, any default under this Agreement and, if any such default exists, specifying the nature thereof and the action the Borrower is taking and proposes to take with respect thereto.
(f) Any official statement or similar disclosure document circulated by the Borrower in connection with the offering of any bonds, notes or other evidence of indebtedness of the Project Area, or issued by or on behalf of, the Borrower. (g) The Borrower shall give prompt notice in writing to the Bank of any litigation or administrative proceeding which may have a Material Adverse Effect, and shall in all events give prompt notice of any such litigation or proceeding involving a claim in excess of $5,000,000.
(h) Such other information regarding the business, affairs and condition of the Borrower as the Bank may from time to time reasonably request.

8.3 Books and Records. To maintain adequate books and records.

8.4 Inspection Rights. The Borrower shall, at any reasonable time and from time to time, upon reasonable notice, permit the Bank or any agents or representatives thereof, at the Bank's expense, to examine and make copies of the records and books of account related to -19-
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Packet Pg. 327 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and the transactions contemplated by this Agreement, to visit its properties and to discuss its affairs, finances and accounts with any of its officers and independent accountants. The Borrower will not unreasonably withhold its authorization for its independent accountants to discuss its affairs, finances and accounts with the Bank.

8.5 Compliance with Laws. To comply with the laws, regulations and orders of any government body with authority over the Borrower's business or activities.

8.6 Maintenance of Approvals. Etc. The Borrower shall at all times maintain in effect, renew and comply with all the terms and conditions of all approvals and authorizations as may be necessary or appropriate under any applicable law or regulation for its execution, delivery and performance of this Agreement.

8.7 Cooperation. To take any action reasonably requested by the Bank to carry out the intent of this Agreement.

8.8 Payment of Obligations. The Borrower will pay and discharge all of its obligations and liabilities when due.

8.9 Additional Debt; Against Encumbrances. ·
(a) The Borrower covenants and agrees that it will not issue any additional Senior Debt payable from Pledged Revenues unless prior to issuing such Senior Debt, Borrower delivers to the Bank a certificate of an authorized financial officer that demonstrates on a pro forma basis for the current fiscal year and each fiscal year during the proposed term thereof (taking into account all financial limitations imposed pursuant to the Redevelopment Plan or the Redevelopment Law and other factors which would cause a reduction in Pledged Revenues in any future year) that the Debt Service Coverage Ratio calculated as if such additional Senior Debt were issued and outstanding during such term is at least 1.25:1.
(b) The Borrower covenants and agrees that it will not issue or enter into any Subordinate Parity Debt payable from the Pledged Revenues unless prior to issuing such Subordinate Parity Debt, Borrower delivers to the Bank a certificate of an authorized financial officer that demonstrates on a pro forma basis for the current fiscal year and each fiscal year during the proposed term thereof (taking into account all financial limitations imposed pursuant to the Redevelopment Plan or the Redevelopment Law and other factors which would cause a reduction in Pledged Revenues in any future year) that the Debt Service Coverage Ratio as if such additional obligations were issued and outstanding during such term is at least 1.25:1.
"Debt Service Coverage Ratio" means the total amount of Pledged Revenues for the period divided by Required Payments for the same period.

The term "Required Payments" means, for any period of calculation, the sum of:
(1) principal and interest due with respect to any outstanding Term Loans, assuming interest calculated at (i) for any Term Loans that bear interest at a fixed rate, the fixed rate then applicable to such Term Loans or (ii) for Term Loans that bear interest at variable rates, 30-day LIBOR Rate currently in effect plus 4.25% or for Term -20- 5/13/08

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Packet Pg. 328 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Loans bearing interest at a tax-exempt rate, 62.347% of the 30-day LIBOR Rate currently in effect plus 4.91 %,
(2) principal and interest on any principal outstanding under the Line of Credit that has not been converted to a Term Loan, assuming a 15-year amortization from the date of calculation and equal semiannual payments of principal and interest calculated at the 30-day LIBOR Rate currently in effect plus 4.25% or for principal bearing interest at a tax-exempt rate, 62.347% of the 30-day LIBOR Rate currently in effect plus 4.47%, (3) the interest accrued during such period on all outstanding Senior Debt secured by Pledged Revenues and Subordinate Parity Debt (collectively, the "Other Project Area Debt") during such period, assuming that all outstanding serial Other Project Area Debt is retired as scheduled and that all outstanding term Other Project Area Debt is prepaid or paid from sinking fund payments as scheduled (except to the extent that such interest is capitalized),
(4) those portions of the principal amount of all outstanding serial Other Project Area Debt maturing in such period or the next succeeding period, (5) those portions of the principal amount of all outstanding term Other Project Area Debt required to be prepaid or paid in such period or the next succeeding period, and
(6) those portions of payments under any subordinate obligations of the Borrower secured by Pledged Revenues, but subordinate to the Borrower's obligations hereunder and under any Subordinate Parity Debt (exclusive of the Borrower's obligation to fund the Low and Moderate Income Housing Fund) ("Subordinate Debt") required to be made during such period, or the next succeeding period, in each case accruing during such period and computed as if such Subordinate Debt was deemed to accrue daily during such period in equal amounts (except to the extent the interest evidenced and represented thereby is capitalized);
but less the earnings to be derived from the investment of moneys on deposit in debt service reserve funds established for any Other Project Area Debt or Subordinate Debt; provided that, as to any such Other Project Area Debt bearing or comprising interest at other than a fixed rate, the rate of interest used to calculate Required Payments shall, for all purposes be assumed to bear interest at 30-day LIBOR currently in effect plus 4.25%; and
provided, further, that if any series or issue of such Other Project Area Debt has twentyfive percent (25%) or more of the aggregate principal amount of such series or issue due in any one year, Required Payments shall be determined for the period of determination as if the principal of and interest on such series or issue of such Other Project Area Debt were being paid from the date of incurrence thereof in substantially equal annual amounts over a period of fifteen (15) years from the date of calculation; and provided, further, that, as to any such Other Project Area Debt or portions thereof bearing no interest but which are sold at a discount and which discount accretes with -21- 5/13/08

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Packet Pg. 329 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and respect to such Other Project Area Debt or portions thereof, such accreted discount shall be treated as interest in the calculation of Required Payments; and provided, further, that, if the interest rate with respect to Other Project Area Debt has been effectively fixed pursuant to an interest rate swap or other derivative agreement, the interest rate on such Other Project Area Debt shall be the resulting linked rate or the effective fixed interest rate to be paid by the Borrower in connection with the interest rate swap or derivative agreement; and
provided, further, that the amount on deposit in a debt service reserve fund on any date of calculation of Required Payments shall be deducted from the amount of principal due at the final maturity of the Other Project Area Debt for which such debt service reserve fund was established and to the extent the amount in such debt service reserve fund is in excess of such amount of principal, such excess shall be applied to the full amount of principal due, in each preceding year, in descending order, until such amount is exhausted.

8.10 Payments of Taxes and Other Charges. The Borrower will pay and discharge, or cause to be paid and discharged, all taxes, service charges, assessments and other governmental charges which may hereafter be lawfully imposed upon the Borrower or the properties then owned by the Borrower in the Earthquake Recovery Redevelopment Project Area, or upon the revenues therefrom, when the same shall become due. Nothing contained in this Agreement shall require the Borrower to make any such payment so long as the Borrower in good faith shall contest the validity of said taxes, assessments or charges. The Borrower will duly observe and confomn with all valid requirements of any governmental authority relative to the Redevelopment Plan, the projects undertaken pursuant to the Redevelopment Plan (collectively, the "Redevelopment Project") or any part thereof.

8.11 Taxation of Leased Property. Whenever any property in the Project Area has been redeveloped and thereafter is leased by the Borrower to any person or persons, or whenever the Borrower leases real property in the Project Area to any person or persons for redevelopment, the Borrower will provide Los Angeles County with the information and cooperation needed to establish a possessory interest in property leased by the Borrower as provided in Section 33673.1 of the Redevelopment Law.

8.12 Tax Revenues. The Borrower shall comply with all requirements of the Law to ensure the allocation and payment to it of the Pledged Tax Revenues including, without limitation, the timely filing of any necessary statements of indebtedness with appropriate officials of the County of Los Angeles.

8.13 Amendment of Redevelopment Plan. The Borrower shall not amend the Redevelopment Plan, or enter into any agreement with the County of Los Angeles or any other governmental unit, which would have the effect of materially reducing the amount of Pledged Tax Revenues available to the Borrower for payment of the principal and interest with respect to the Line of Credit, unless the Borrower delivers a certificate of an authorized financial officer to the effect that, following such amendment, the Debt Service Coverage Ratio shall be at least

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Packet Pg. 330 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and

9. DEFAULT
If any of the following events (each an "Event of Default") occurs, the Bank may do one or more of the following: declare the Borrower in default, stop making any Advances available to the Borrower, and require the Borrower to repay its entire debt immediately and without prior notice. If an event of default occurs under the paragraph entitled "Bankruptcy," below, with respect to the Borrower, then the entire debt outstanding under this Agreement will automatically be due immediately.

9.1 Failure to Pay. Any principal or interest owed to the Bank under this Agreement shall not be paid when due and shall remain unpaid for five (5) business days after written notice of such failure has been given to the Borrower, or the Borrower fails to pay any amount owing under Section 3.1 within fifteen (15) after the date when due.

9.2 False Information. Any representation or warranty made by or on behalf of the Borrower under this Agreement or in any certificate or statement of the Borrower delivered pursuant to Section 6 shall be incorrect or untrue in any materiaLrespect when made or deemed to have been made.

9.3 Bankruotcv. The Borrower files a bankruptcy petition, a bankruptcy petition is filed against the Borrower or the Borrower makes a general assignment for the benefit of creditors. The default will be deemed cured if any bankruptcy petition filed against the Borrower is dismissed within a period of 60 days after the filing; provided, however, that the Bank will not be obligated to extend any additional credit to the Borrower during that period; and provided further that such cure opportunity will be terminated upon the entry of an order for relief in any bankruptcy case arising from such a petition.

9.4 Receivers. A receiver or similar official is appointed for a substantial portion of the Borrower's business, or the business is terminated.

9.5 Judgments. Any uninsured judgments or arbitration awards are entered against the Borrower, or the Borrower enters into any settlement agreements with respect to any litigation or arbitration, in an aggregate amount of Five Million Dollars ($5,000,000) or more and any such judgment or award shall not have been satisfied, stayed or bonded pending appeal within a period of sixty (60) days from the date it was required to be paid.

9.6 Material Adverse Change. A Material Adverse Change occurs.

9. 7 Cross-default. Any default occurs under any agreement in connection with any other credit which Borrower has obtained from Bank, or which Borrower has obtained from anyone else, or which Borrower has guaranteed and any cure period with respect to such default has expired.

9.8 Lien Priority. The Bank fails to have an enforceable first lien (subject to Senior Debt, Subordinate Parity Debt and any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).

9.9 Other Breach under Agreement. The Borrower fails to meet the conditions of, or fails to perform any obligation under, any term of this Agreement not specifically referred to in this Article. This includes any failure or anticipated failure by the Borrower to comply with any -23- 5/13/08

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Packet Pg. 331 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and financial covenants set forth in this Agreement, whether such failure is evidenced by financial statements delivered to the Bank or is otherwise known to the Borrower. If, in the Bank's opinion, the breach is capable of being remedied, the breach will not be considered an event of default under this Agreement for a period of thirty (30) days after the date on which the Bank gives written notice of the breach to the Borrower, which period may be extended to ninety (90) days if Borrower demonstrates to the Bank that it is diligently pursuing a cure; provided, however, that the Bank will not be obligated to extend any additional credit to the Borrower during that period.

10. ENFORCING THIS AGREEMENT: MISCELLANEOUS

10.1 GAAP. Except as otherwise stated in this Agreement, all financial information provided to the Bank and all financial covenants will be made under generally accepted accounting principles, consistently applied.

10.2 Successors and Assigns. This Agreement is binding on the Borrower's and the Bank's successors and assignees. The Borrower agrees that it may not assign this Agreement without the Bank's prior consent. The Bank may sell participations in or assign this loan, and may exchange financial information about the Borrower with actual or potential participants or assignees. If participation is sold or the loan is assigned, the purchaser will have the right of set-off against the Borrower. If the Bank delivers any information to a potential participant or assignee other than its loan history with respect to this Agreement or information concerning the Borrower that is publicly available, the Bank shall give the Borrower the opportunity to review and approve such information for accuracy prior to its delivery to the potential participant or assignee.

10.3 Severability; Waivers. If any part of this Agreement is not enforceable, the rest of the Agreement may be enforced. The Bank retains all rights, even if it makes a loan after default. If the Bank waives a default, it may enforce a later default. Any consent or waiver under this Agreement must be in writing.

10.4 Attorneys' Fees. In the event of a lawsuit or arbitration proceeding, the prevailing party is entitled to recover costs and reasonable attorneys' fees incurred in connection with the lawsuit or arbitration proceeding, as determined by the court or arbitrator. In the event that any case is commenced by or against the Borrower under the Bankruptcy Code (Title 11, United States Code) or any similar or successor statute, the Bank is entitled to recover costs and reasonable attorneys' fees incurred by the Bank related to the preservation, protection, or enforcement of any rights of the Bank in such a case. As used in this paragraph, "attorneys' fees" includes the allocated costs of the Bank's in-house counsel and the allocated costs of the Borrower's in-house counsel.

10.5 One Agreement. This Agreement and any related security or other agreements required by this Agreement, collectively:
(a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit;
(b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and
-24- 5/13/08

4.H.d
Packet Pg. 332 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them.

In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.

10.6 Indemnification. In addition to any and all rights of reimbursement, indemnification, subrogation or any other rights pursuant hereto or under law or equity, the Borrower hereby agrees to indemnify and hold harmless each of the Bank and its respective officers, directors, employees and agents (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, reasonable costs or expenses whatsoever (including reasonable attorneys' fees) that an Indemnified Party may incur (or which may be claimed against an Indemnified Party by any person whatsoever) that arises out of the transactions contemplated by this Agreement other than any such claim, damage, losses, liabilities, costs or expenses caused by the gross negligence or willful misconduct of the Bank. This indemnity will survive repayment of the Borrower's obligations to the Bank. All sums due to the Bank hereunder shall be obligations of the Borrower, due and payable immediately without demand.

10.7 Notices. Unless otherwise provided in this Agreement or in another agreement between the Bank and the Borrower, all notices required under this Agreement shall be personally delivered or sent by first class mail, postage prepaid, or by overnight courier, to the addresses on the signature page of this Agreement, or sent by facsimile to the fax numbers listed on the signature page, or to such other addresses as the Bank and the Borrower may specify from time to time in writing. Notices and other communications sent by (a) first class mail shall be deemed delivered on the earlier of actual receipt or on the fourth business day after deposit in the U.S. mail, postage prepaid, (b) overnight courier shall be deemed delivered on the next business day, and (c) telecopy shall be deemed delivered when transmitted.

10.8 Headings. Article and paragraph headings are for reference only and shall not affect the interpretation or meaning of any provisions of this Agreement.

10.9 Counterparts. This Agreement may be executed in as many counterparts as necessary or convenient, and by the different parties on separate counterparts each of which, when so executed, shall be deemed an original but all such counterparts shall constitute but one and the same agreement.
-25- 5/13/08

4.H.d
Packet Pg. 333 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and

10.10 Transfer; Assignment of Credit Agreement. This Agreement is binding on the Borrower's and the Bank's successors and assignees. The Borrower agrees that it may not assign this Agreement without the Bank's prior consent. If the Bank sells participations in the Line of Credit and this Agreement, it agrees that it will have the exclusive right to service the Line of Credit and the Borrower shall deal solely with the Bank with respect to this Agreement. The parties agree that this Line of Credit will not in any case be securitized.

10.11 Notices. Unless otherwise provided in this Agreement or in another agreement between the Bank and the Borrower, all notices required under this Agreement shall be personally delivered or sent by first class mail, postage prepaid, or by overnight courier, to the addresses on the signature page of this Agreement, or sent by facsimile to the fax nurnbers set forth below, or to such other addresses as the Bank and the Borrower rnay specify frorn time to time in writing. Notices and other communications shall be effective (i) if mailed, upon the earlier of receipt or five (5) days after deposit in the U.S. mail, first class, postage prepaid, (ii) if telecopied, when transmitted, or (iii) if hand-delivered, by courier or otherwise (including telegram, lettergram or mailgram), when delivered.

Bank of America
CA9-193-13-17
333 South Hope Street, 131
h Floor
Los Angeles, California 90071
Facsimile: 213-621-3606
Redevelopment Agency of the City
of Santa Monica
1717 Fourth Street, Ste. 250
Santa Monica, California 90401
Attn:

Facsimile: 310-394-0647
With copy to:
-26-
Redevelopment Agency of the City
of Santa Monica
1717 Fourth Street, Ste. 250
Santa Monica, California 90401
Attn: Carol Swindell
Director of Finance
Facsimile: 310-458-8243
5/13/08

4.H.d
Packet Pg. 334 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and This Agreement is executed as of the date stated at the top of the first page.

BANK OF AMERICA, N.A.

By __ ~--~~~~~~------­ Typed Name: Paul F. Sutherlen
Title: Senior Vice President
-27-

REDEVELOPMENT AGENCY OF THE

CITY OF SANTA MONICA
By_·~~--~~--~~~------­
Typed Name: P. Lamont Ewell
Title: Executive Director
5/13/08

4.H.d
Packet Pg. 335 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and EXHIBIT "A"

ADVANCE REQUEST
Bank of America, N.A.

Loan Servicing, California
101 South Marengo Ave, 5th floor
Pasadena, CA 91101
Attention: Linda Escamilla
Or
Telephone No.: (626) 666-8456
Facsimile No.: (626) 666-2241
Michael Towman
Telephone No.: (626) 666-2238
Facsimile No.: (626) 666-2241
With a copy to:

Paul F. Sutherlen
Telephone No.: (213) 621-7134
Facsimile No.: (213) 621-3606/3607
Re: Credit Agreement dated as of May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A.

Ladies and Gentlemen:

The undersigned, Redevelopment Agency of the City of Santa Monica (the "Borrower''), refers to the Credit Agreement, dated as of May 1, 2008 (as amended frorn time to time, the "Agreement"; the terms defined therein being used herein as therein defined}, between the undersigned and Bank of America, N.A. ("Bank"}, and hereby gives you notice, pursuant to Sections 5.1 (b) and 5.2 of the Agreement, that the undersigned hereby desires an Advance under the Credit Agreement as follows:
(i) The date of the Advance is , 200_ [insert a date that is (x) no earlier the third Business Day following the date of this notice if the Advance is to bear interest initially calculated by reference to the LIBOR Rate or (y) no earlier than the next Business Day following the date of this notice if such Advance is to bear interest initially at the Prime Rate or IBOR Rate].
(ii) The principal amount of the Advance is $ [insert an amount not less than $500,000 if the Advance is to bear interest with reference to the L/BOR Rate].
(iii) The Advance shall initially bear interest calculated by reference to [insert one of the following rates: Prime Rate, IBOR Rate or LIBOR Rate]. -28- 5/13/08

4.H.d
Packet Pg. 336 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (iv) If the Advance is to bear interest initially calculated by reference to the LIBOR Rate, the initial Interest Period is months [insert one of the following: one week, one month, three months or six months. (v). If the Advance is to bear interest initially calculated by reference to the IBOR Rate, the initial Interest Period is months [insert one of the following:
one day, one week, one month, three months or six months.

The Borrower hereby certifies that the following statements are true on the date hereof, and will be true on the date of the Advance before and after giving effect to the requested Advance:
(A} The purpose of this Advance is _____________ _
which constitutes a part of the Project.
(B) All representations and warranties contained in the Agreement and the other related documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date hereof or the date of the Advance, as the case may be; and (C) No Event of Default or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default has occurred and is continuing. (D) The amount of the Advance requested plus all amounts currently outstanding under the Line of Credit are equal to or less than the Annual Principal Cap set forth in the certificate of Borrower delivered pursuant to Section 8.2(d} on the March 15 ' immediately preceding the date of this request.

Very truly yours,

REDEVELOPMENT AGENCY OF THE

CITY OF SANTA MONICA
By: _________ _
Name:. ___________________ __
Title:. ____________________ _
By:. __________ ___
Name: ____________________ __
Title: ____________________ __
-29-
5/13/08

4.H.d
Packet Pg. 337 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and EXHIBIT "8"

REQUEST FOR INCREASE TO COMMITMENT
Bank of America, N.A.

CA9-193-13-17
333 South Hope Street, 13'h Floor
Los Angeles, California 90071
Attention: Paul F. Sutherlen
Telephone No.: (213) 621-7134
Facsimile No.: (213) 621-3606/3607
Re: Credit Agreement dated as of May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A.

Ladies and Gentlemen:

The undersigned, Redevelopment Agency of the City of Santa Monica (the "Borrower"), refers to the Credit Agreement, dated as of May 1, 2008 (as amended from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), between the undersigned and Bank of America, N.A. ("Bank"). Borrower hereby requests that the Commitment be increased to$[ insert amount not to exceed $75,000,000 ].

Borrower has delivered or is delivering with this request Borrower's most recent audited financial statements and monthly cash flow projections for the Borrower for the next succeeding 12-month period. Borrower understands that the Bank may request additional information prior to making a decision regarding this request.

Borrower hereby represents and warrants as follows:
(i) There exists no Event of Default as defined in the Credit Agreement, nor any condition, act or event which with the giving of notice or the passage of time or both would constitute any such Event of Default;
(ii) No Material Adverse Change has occurred with respect to the Borrower; and -30- 5/13/08

4.H.d
Packet Pg. 338 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (iii) No litigation or governmental action that could have a Material Adverse Effect on the Borrower or any transaction contemplated by the Credit Agreement or the ability of Borrower to perform its obligations under the Credit Agreement has occurred and is continuing.

Very truly yours,

REDEVELOPMENT AGENCY OF THE

CITY OF SANTA MONICA
Nam By: __ e_: ____________________ _
Title: ____________________ _
By: Nam __ e_: ---------------------
Title: ________________ _
-31-
5/13/08

4.H.d
Packet Pg. 339 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and EXHIBIT "C"

FIRST AMENDMENT TO CREDIT AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of --::---:-:-::=-:-:-=-:--:-:-::-:' 200_, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, a public body corporate and politic (the "Borrower") and BANK OF AMERICA, N.A., a national banking association (the "Bank").

RECITALS

AGREEMENT
For good and valuable consideration, receipt of which is hereby acknowledged, the Borrower, the Authority and the Bank agree as follows:

1. Commitment Amount. Upon the execution of this Amendment and satisfaction of the conditions to the Effective Date set forth below, the Commitment shall be increased to $ , and from and after the Effective Date, all references to the "Commitment" in the Credit Agreement shall mean the Commitment, as increased pursuant to this Amendment.

2. Miscellaneous.
(a) Effective Date. This Amendment shall be effective and the Effective Date shall occur on the date on which all of the following conditions have been satisfied by Borrower or waived by Lender:
(i) Execution of Documents. This Amendment shall be fully executed and delivered to the Bank;
(ii) Additional Loan Fee. Borrower shall have paid an additional loan fee equal to .05% of the amount of the increase to the Commitment; and (ii) Costs and Expenses. Borrower shall have paid all costs and expenses incurred by the Bank in connection with this transaction, including without limitation reasonable attorneys' fees in the amount of$ ___ _
(b) Effect of Amendment. Except as specifically provided herein, all terms and conditions of the Original Credit Agreement remain in full force and effect, without waiver or modification. This Amendment and the Original Credit Agreement shall be read together, as one document.
(c) Representations and Warranties. The Borrower hereby remakes all representations and warranties contained in the Original Credit Agreement and reaffirms all covenants set forth therein. The Borrower further certifies that as of the date of this Amendment:
-32- 5/13/08

4.H.d
Packet Pg. 340 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and (i) There exists no Event of Default as defined in the Original Credit Agreement, nor any condition, act or event which with the giving of notice or the passage of time or both would constitute any such Event of Default;
(ii) No Material Adverse Change has occurred with respect to the Borrower; and (iii) No litigation or governmental action that could have a Material Adverse Effect on the Borrower or any transaction contemplated by the Original Credit Agreement, as amended by this Amendment, or the ability of Borrower to perform its obligations under the Original Credit Agreement, as amended by this Amendment, has occurred and is continuing.
(d) Successors. This Amendment shall inure to the benefit of the parties hereto and their respective successors and assigns.
(e) Amendments. No modification, waiver, amendment, discharge or change of this Amendment shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver or amendment, discharge or change is or may be sought.
(f) Counterparts. This Amendment may be simultaneously executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
-33- 5/13/08

4.H.d
Packet Pg. 341 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and IN WITNESS WHEREOF. this Amendment has been executed as of the date first set forth above.
-34-

REDEVELOPMENT AGENCY OF THE

CITY OF SANTA MONICA
By: ____________ _
Name: ___________ __
Title: ___________ _
Nam_e_: By: _________ __
Title: __________ __
BANK OF AMERICA, N.A.

By: N~a_m_e_:~P~a-u 1~F-.S~u~t~he-r1e_n ____ _
Title: Senior Vice President
5/13/08

4.H.d
Packet Pg. 342 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and EXHIBIT "D"

CONVERSION NOTICE
Bank of America, N.A.

Loan Servicing, California
101 South Marengo Ave, 51
h floor
Pasadena, CA 91101
Attention: Linda Escamilla
Or
Telephone No.: (626) 666-8456
Facsimile No.: (626) 666-2241
Michael Towman
Telephone No.: (626) 666-2238
Facsimile No.: (626) 666-2241
With a copy to:

Paul F. Sutherlen
Telephone No.: (213) 621-7134
Facsimile No.: (213) 621-3606/3607
Re: Credit Agreement dated as of May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A.

Ladies and Gentlemen:

The undersigned, Redevelopment Agency of the City of Santa Monica (the "Borrower''), refers to the Credit Agreement, dated as of May 1, 2008 (as amended from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), between the undersigned and Bank of America, N.A. ("Bank"), hereby gives you notice, pursuant to Section

1.5(b)(ii)(C) of the Agreement, that the undersigned desires to convert a portion of the outstanding principal of the Line of Credit to a Term Loan as follows:
(i) The principal amount to be converted is $. ________ _ [[insert an amount equal to at least $5,000, 000].
(ii) The Conversion Date is , 20_jif any of the principal to be converted then bears interest at the LIBOR Rate or the IBOR, the Conversion Date must be the last day of the Interest Period(s) applicable to such Portion(s) or the principal must bear interest at the Prime Rate on the Conversion Date].

Interest Rates:
(a) Borrower hereby requests a quote from the Bank for a tax-exempt interest rate and agrees that if such interest rate is accepted, Borrower will deliver an opinion of bond counsel in form and substance satisfactory to Bank regarding the tax-exempt status of the Term Loan that bears interest at the tax-exempt rate. -35- 5/13/08

4.H.d
Packet Pg. 343 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and OR
{b) The Advance shall initially bear interest calculated by reference to [insert one of the following rates: Prime Rate, IBOR or LIB OR Rate]. (i) If the Advance is to bear interest initially calculated by reference to the LIBOR Rate, the initial Interest Period is months [insert one of the following: one week, one month, three months or six months. (ii) If the Advance is to bear interest initially calculated by reference to the IBOR Rate, the initial Interest Period is months [insert one of the following: one day, one week, one month, three months or six months.

The Borrower hereby certifies that the following statements are true on the date hereof, and will be true as of the Conversion Date:
{A) All representations and warranties contained in the Agreement and the other related documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date hereof or the Conversion Date, as the case may be; and
(B) No Event of Default or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default has occurred and is continuing.

Very truly yours,

REDEVELOPMENT AGENCY OF THE

CITY OF SANTA MONICA
By: _________ _
Name:

Title: ----------
Nam By: __ e_: ____________ _
Title: ______________ _
-36- 5/13/08

4.H.d
Packet Pg. 344 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and EXHIBIT"E"

LIST OF DUE DILIGENCE MATERIALS PROVIDED TO BANK
-37-
5/13/08

4.H.d
Packet Pg. 345 Attachment: SA Attachment D - Credit Agreement (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Attachment E
April 26, 2022 Letter from Bank of America

4.H.e
Packet Pg. 346 Attachment: SA Attachment E - BofA Letter (2022) (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and April 26, 2022
Gigi Decavalles
Director of Finance
City of Santa Monica
E-Mail: [email protected]
Dear Ms. Decavalles:

In light of the LIBOR transition, Bank of America, N.A. is providing this courtesy letter to the City of Santa Monica (the “City”) relating to the Credit Agreement dated May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A. and the related Conversion Notice dated January 30, 2012 (collectively, the “Credit Agreement”).

Certain USD LIBOR tenors and many global IBORs ceased publication on 12/31/2021, with the remaining USD LIBOR tenors to cease publication after June 30, 2023, including the 6-month USD LIBOR tenor currently utilized to set interest payments in the Credit Agreement. As such, per Sections 1.4(d) and 2.4 of the Credit Agreement, effective July 1, 2023 and thereafter, interest on the City’s term loan will reset at Fed Funds + 1.70%, following the USD LIBOR cessation expected on June 30, 2023.

This discussion reflects Bank of America’s understanding of benchmark reform matters as of today. The content is subject to change without notice, and Bank of America accepts no obligation to update or correct the information and accepts no liability for the impact of reliance on, or any decisions made based upon, the information, views or opinion expressed herein. Clients should consult their financial, legal, accounting, tax or other professional advisors on matters relating to the possible implications of a change or discontinuation of LIBOR or benchmark interest rates.

Please do not hesitate to reach out, should you have any questions or concerns.

Thank you,
Stephanie Apsey
Vice President
Public Sector Banking
Bank of America, N.A.
–––––––
cc:

David Carr Susan Cola Melissa Lindley
City of Santa Monica
[email protected]
City of Santa Monica
[email protected]
City of Santa Monica
[email protected]
Louis M. Choi Wes Hough
Public Resources Advisory Group
[email protected]
Public Resources Advisory Group
[email protected]

4.H.e
Packet Pg. 347 Attachment: SA Attachment E - BofA Letter (2022) (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and November 7, 2024
City of Santa Monica
Successor Agency to the Santa Monica Redevelopment Agency 1685 Main Street
Mail Stop 9
Santa Monica, CA 90401
Attention: Oscar Santiago,
Telephone: (310) 458-8281
Email: [email protected]
Re: Credit Agreement dated May 1, 2008, by and among the City of Santa Monica as Successor Agency to the Redevelopment Agency of the City of Santa Monica, (“Santa Monica”) and Bank of America, N.A. (as amended to date, the “Credit Agreement”)
Dear Mr. Santiago,
Bank of America, N.A. (the “Bank”) is the provider of a credit facility evidenced by the above referenced Credit Agreement. All capitalized terms used herein and not defined herein shall have the meanings assigned to such terms in the Credit Agreement.

Per Section 2.2.(g) of the Credit Agreement, a LIBOR rate is not available in the London interbank market.

To memorialize the agreement between Santa Monica and Bank pursuant to Sections 1.4(d), 2.2(g) and 2.4 of the Credit Agreement, commencing on January 15, 2025, interest shall accrue and be payable on the unpaid principal balance of the Line of Credit (the “Loan”) until its Maturity Date (whether by acceleration, declaration, extension or otherwise) at a fluctuating rate of interest equal to the Federal Funds Rate plus one and 70 hundredth percent (1.70%) per annum.

The term “Federal Funds Rate” means, for any day, the rate per annum calculated by the Federal Reserve Bank of New York based on such day’s federal funds transactions by depository institutions (as determined in such manner as the Federal Reserve Bank of New York shall set forth on its public website from time to time) and published on the next succeeding Business Day by the Federal Reserve Bank of New York as the federal funds effective date; provided, that, if the Federal Funds Rate as so determined would be less than zero, such rate shall be deemed to be zero for purposes of this Agreement. Interest on the loan will continue to accrue based on an actual and 360-day year.

Each time the Federal Funds Rate changes, the per annum rate of interest on the Loan shall change immediately and contemporaneously with such change in the Federal Funds Rate. If the Federal Funds Rate ceases to exist or is deemed by the Bank to be administratively unfeasible, the applicable index that replaces the Federal Funds Rate and the spread thereon will be selected by the Bank upon a minimum 10 days’ notice to the City.

Note that the current Credit Agreement is dated May 1, 2008. There is various language in this Agreement that is no longer relevant. If desired by the City, we can explore updating/modernizing the

4.H.f
Packet Pg. 348 Attachment: SA Attachment F - BofA letter (2024) (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Credit Agreement with a 2024 Amended and Restated version. Such a revision will incur Bank and /Bank Counsel fees.

As stated above, the modifications set forth herein shall become effective on January 15, 2025.

Except as provided above, the Credit Agreement remains in full force and effect.

BANK OF AMERICA, N.A.

By: ____________________________________
Name: Scott T. Nash
Title: Senior Vice President
Confirmed Receipt:

CITY OF SANTA MONICA, CA
By:____________________________________
Name:_Oscar Santiago________________
Title: __Director of Finance____________
WE ARE NOT YOUR MUNICIPAL ADVISOR OR FIDUCIARY. BofA Securities, Inc. and Bank of America, N.A. and its subsidiaries and affiliates are not acting as your “municipal advisor” within the meaning of Section 15B of the Securities Exchange Act of 1934, as amended (the “Act”), and do not owe a fiduciary duty to you pursuant to the Act with respect to the information and material contained in this communication.

4.H.f
Packet Pg. 349 Attachment: SA Attachment F - BofA letter (2024) (7307 : Approval of Annual Recognized Obligation Payment Schedule (ROPS) and Redevelopment Successor
Agency Report
City Council Meeting: December 9, 2025
Agenda Item: 4.I
1 of 1
To: Redevelopment Successor Agency
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Approval of Minutes for Redevelopment Successor Agency Meeting Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 17, 2024 meeting.

Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Draft Minutes - December 17, 2024

4.I
Packet Pg. 350
December 17, 2024
1 CITY OF SANTA MONICA

REDEVELOPMENT SUCCESSOR AGENCY MEETING MINUTES
DECEMBER 17, 2024
A special meeting of the Santa Monica Redevelopment Successor Agency was called to order by Chair Negrete at 9:15 p.m., on Tuesday, December 17, 2024, at City Council Chambers, 1685 Main Street, and 10 Sibonne RD, Grace Bay, Turks and Caicos TKCA 1ZZ.

Roll Call: Present: Chair Lana Negrete
Chair Pro Tem Caroline Torosis (Remote)
Agency Member Jesse Zwick
Agency Member Dan Hall
Agency Member Ellis Raskin
Agency Member Nataya Zernitskaya

Absent: Agency Member Barry Snell
Also Present: Executive Director David White
Agency Attorney Douglas Sloan
Agency Secretary Nikima S. Newsome
CONVENE On order of the Chair, the Redevelopment Successor Agency convened at 9:15 p.m., with all members present, except Agency Member Snell.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Agency Secretary Nikima S. Newsome announced that members will receive no compensation for meeting as the Redevelopment Successor Agency.

PUBLIC INPUT FOR

CONSENT CALENDAR
ONLY:

Member of the public Denise Barton commented on Consent Calendar items.

CONSENT CALENDAR:

JOINT MEETING WITH

THE REDEVELOPMENT

SUCCESSOR AGENCY
There being a Consent Calendar for the Redevelopment Successor Agency and the City Council, the two Consent Calendars were heard concurrently. All items were considered and approved in one motion unless removed by a member for discussion.

At the request of Agency Member Raskin, Item 5.C. was removed from the Consent Calendar.

4.I.a
Packet Pg. 351 Attachment: Draft Minutes - December 17, 2024 [Revision 1] (7441 : RSA Minutes (1 min)) December 17, 2024
2 Motion by Chair Pro Tem Torosis, seconded by Agency Member Hall, to approve the Consent Calendar except for Item 5.C, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Agency Members Zernitskaya, Raskin, Hall, Zwick,
Chair Pro Tem Torosis, Chair Negrete
NOES: None
ABSENT: Agency Member Snell

ANNUAL HOUSING
REPORT

5.X. Annual Report on Low-Mod Income Housing Asset Fund, was presented.

Recommended Action
Staff recommends that the Redevelopment Successor Agency:

1. Receive the Annual Report on the Low- and Moderate-Income Housing Asset Fund for Fiscal Year 2023-24 and authorize the City Manager to post the report on the City's website by December 31, 2024; and

2. Direct the City Manager to present the independent audit of the Low and Moderate-Income Housing Asset Fund to the City
Council upon completion of the independent audit of the City’s Annual Comprehensive Financial Report (ACFR) and authorize the City Manager to post the results of the audit on the City's website after presentation to City Council.

RECOGNIZED

OBLIGIATION

PAYMENT SCHEDULE

5.Y. Approval of Annual Recognized Obligation Payment
Schedule (ROPS), was presented.

Recommended Action
Staff recommends that the Redevelopment Successor Agency:

1. Adopt Resolution No. 45 (SA) and No. 46 (SA) approving the Agency’s recognized obligation payment schedule and
administrative budget for July 1, 2025 through June 30, 2026.

2. Adopt a finding that the recognized obligation payment schedule is not a “project” subject to the California Environmental Quality Act (CEQA)
MINUTES 5.Z. Minutes for Redevelopment Successor Agency Meeting, were approved.

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3 Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the February 13, 2024 meeting.

ADJOURNMENT: On order of the Chair, the Redevelopment Successor Agency meeting was adjourned at 9:19 p.m.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
Agency Secretary Chair

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
NOVEMBER 18, 2025
A regular meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:35 p.m., on Tuesday, November 18, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and at a teleconference location in Miami, FL.

Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya (arrived remotely at 5:35 p.m.)

Absent: Councilmember Jesse Zwick
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present except Councilmember Zwick. Councilmember Snell led the assemblage in the Pledge of Allegiance.

STATEMENT OF

ACCOUNTABILITY
(LAND

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

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them. The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Snell.

LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a

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DISCLOSURE permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official.

Participants and agents are requested to make this disclosure as well.

The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

No Councilmembers recused from any items on the agenda pursuant to the Levine Act.

AGENDA

MANAGEMENT
Closed Session for both the regular and special meetings will be held at the end of the meeting after the Councilmember Discussion Items.

PUBLIC INPUT FOR

GENERAL PUBLIC

COMMENT AND

SPECIAL AGENDA
ITEMS:

Members of the public Rima Simon, Jerry Rubin, Alan Mont, Michael Feinstein, Nikki Kolhoff, Charlie Loventhal, Denise Barton, Susan Finley, Greg Morena, Dayquan Moeller, Johnathan Foster, Ishmael Tinsman, Gonzalo Hernandez, Rabbi Neil Comess-Daniels, Matt Horn, Maria Espinoza, Aurelia Gonzalez, Marie Entoma, Ciera, Robbie Jones, Hajar Muqtasid, Mike Montgomery, and Stephen Price commented on various local issues.

No members of the public commented on Special Agenda items.

PROCLAMATIONS/

COMMENDATIONS/

SPECIAL AGENDA
ITEMS

2.A. Proclamation: World Day of Remembrance for Road Traffic Victims (November 16) , was presented.

2.B. Proclamation: Transgender Awareness Week (Nov 13-19), was presented.

2.C. Proclamation: Month of Movember, was presented.

PUBLIC INPUT FOR

CONSENT CALENDAR

AND CLOSED SESSION
ONLY:

Members of the public Nikki Kolhoff, Denise Barton, Teri Davis Bernstein, Mindi Shank, Eve Lopez, and Tricia Crane commented on consent calendar items.

Member of the public Nikki Kolhoff commented on Closed Session items.

CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Hall, Item 4.A. was removed from the Consent Calendar.

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Councilmember Hall stated that he would be recusing himself from voting on Item 4.A. due to a potential conflict of interest related to the proximity of his residence to the project, pending further guidance from the FPPC.

At the request of Mayor Negrete, Item 4.S. was removed from the Consent Calendar.

Motion by Mayor Pro Tem Torosis, seconded by Councilmember Raskin, to approve the Consent Calendar except for Item 4.A. and 4.S., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Zwick

UNDERGROUND

STORAGE TANK

REMOVAL

4.B. First Modification with Fleming Environmental, Inc. for Underground Storage Tank Removal at the Santa Monica Airport, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt findings of categorical exemptions pursuant to Section 15330 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11478 (CCS) in the amount of $400,000 with Fleming Environmental, Inc., for the removal and disposal of four underground fuel storage tanks at the Santa Monica Airport for the Public Works Department. This will result in a fiveyear amended agreement with a new total amount not to exceed $931,000, with future year funding contingent on Council budget approval.

PURCHASE ORDER

MODIFICATION

4.C. Modification to Purchase Order with West Coast Sand and Gravel, Inc. for Construction Aggregate and Asphalt Cold Mix, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the Procurement Manager to issue a change order to purchase order #22600832 in the amount of $60,000 with West Coast Sand and Gravel for construction aggregate material for the Public

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Works Department. This would result in a revised purchase order total not to exceed $310,000, with future year funding contingent on Council budget approval.

PURCHASE ORDER

MODIFICATION

4.D. Modification to the Purchase Order with Hach Company for Chemical Analyzer Equipment and Reagents, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act Guidelines; and

2. Authorize the Procurement Manager to issue a change order to purchase order #22600794 in the amount of $150,000 with Hach Company for water treatment chemical analyzer equipment and reagents for the Public Works Department. This would result in a revised purchase order total not to exceed $525,000, with future year funding contingent on Council budget approval.

FEMA PUBLIC

ASSISTANCE GRANT

4.E. Approval to accept FEMA Public Assistance Grant funds to reimburse the City of Santa Monica for January 2025 Palisades Fire and windstorm incident response costs, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Authorize the City Manager to accept a grant in the full amount awarded, of up to $1,541,271.89 from the Department of Homeland Security, Federal Emergency Management through the State of California, Governor’s Office of Emergency Services Program for reimbursement of funds spent on The City of Santa Monica’s Palisades Fire and windstorm emergency response

3. activities, in the City Manager’s Office, and to accept all grant renewals; and Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.

SUSTAINABLE WATER

INFRASTRUCT

PROJECT SERVICES

4.F. Award RFP #SP2456 to Jacobs Engineering Group, Inc. for Operation, Maintenance and Management Services of the Sustainable Water Infrastructure Project (SWIP) Advanced Water Treatment Facilities, was approved.

Recommended Action
Staff recommends that the City Council:

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

2. Award RFP #SP2456 to Jacobs Engineering Group, Inc. to provide operation, maintenance and management services for the Sustainable Water Infrastructure Project (SWIP) advanced water treatment facilities for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute Contract No. 11785 (CCS) with Jacobs Engineering Group, Inc., in an amount not to exceed $16,000,000 (including a 10% contingency) over a fiveyear period.

COMPRESSOR

MAINTENANCE AND
REPAIR

4.G. First Modification to Agreement #4980 with Natural Gas Systems, Inc. for Compressor Maintenance and Repair Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) guidelines; and

2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11786 (CCS), formerly agreement #4980, in the amount of $257,000 with Natural Gas Systems, Inc., a California-based company, to continue providing maintenance, service, and repair for Compressed Natural Gas compressors and related equipment for the Santa Monica City Yards. This will result in a five-year amended agreement with a new total not-to-exceed amount of $503,000, with future year funding contingent on Council budget approval

RATIFICATION OF

PURCHASE ORDER

4.H. Ratification of Purchase Orders to Walter P Moore and Associates, Inc., Contech Services, Inc., and Commercial Scaffolding of California Incorporated for Emergency Repairs to Parking Structure #5, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of statutory exemption pursuant to Section 15269 and a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Ratify the Procurement Manager’s issuance of a purchase order with Walter P. Moore and Associates, Inc. for the assessment of emergency structural repair, design, and permitting work for Parking Structure 5. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $105,950 (including a 20% contingency);

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3. Ratify the Procurement Manager’s issuance of a purchase order with Contech Services, Inc. for the non-destructive testing related to the assessment for emergency structural repair work for Parking Structure 5. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $2,800; and

4. Ratify the Procurement Manager’s issuance of a purchase order with Commercial Scaffolding of California Incorporated for an emergency temporary shoring installation for Parking Structure 5.

The emergency purchase was made as an exception to the
competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $175,260 (including a 20% contingency).

SELECTIVE TRAFFIC

ENFORCEMENT

PROGRAM GRANT

4.I. Authorization to Accept Grant from the Office of Traffic Safety for the Selective Traffic Enforcement Program, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15321 of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to accept a grant awarded in the amount of $285,000 from the California Office of Traffic Safety for the Police Department to accept all grant renewals;

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

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

HAZARDOUS WASTE

DISPOSAL

4.J. Fifth Modification to Agreement No. 11052 (CCS) with Clean Earth Environmental Solutions for Hazardous Waste Disposal, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute a fifth modification to Agreement No. 11052 (CCS) in an amount of $350,000 with Clean Earth Environmental Solutions, Inc. (formerly Stericycle Environmental Solutions), for hazardous waste services for the Public Works Department. The term of the contract will remain unchanged, resulting in an amended agreement with a new total amount not to exceed $1,700,000, with future year funding contingent on Council budget approval.

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COMPUTERIZED

MAINTENACE

MANAGEMENT SYSTEM

4.K. Reinstatement of and Fourth Modification to Contract No. 10419 (CCS) with Infor Public Sector, Inc. for the Computerized Maintenance Management System for the Public Works Department, was approved.

Recommended Action
Staff recommends that the City Council

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

2. Authorize the City Manager to negotiate and execute a reinstatement of and fourth modification to Agreement No. 10419 (CCS) in the amount of $100,000 with Infor Global Solutions for the
Computerized Maintenance Management System (CMMS) for the Public Works Department. This will result in a twenty-five-year amended agreement with a new total amount not to exceed $1,269,334, with future year funding contingent on Council budget approval.

HAZARD MITIGATION

GRANT PROGRAM
GRANT

4.L. Resolution No. 11722 (CCS) Authorizing the Application for Grant Funds from the Federal Emergency Management Agency’s Hazard Mitigation Grant Program for the Riviera Reservoir Seismic Retrofit Project, was adopted.

Recommended Action
Staff recommends that the City Council:

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

2. Adopt attached Resolution No. 11722 (CCS) authorizing the application for grant funds in the amount of approximately $7,250,000 from the Federal Emergency Management Agency for the Riviera Reservoir Seismic Retrofit Project in the Public Works Department – Water Resources Division; 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.

LOCAL RENT CONTROL 4.M. Second Reading of Ordinance No. 2835 (CCS) Amending Santa Monica Municipal Code Chapter 4.25 Regarding the Registration of Rental Housing Units Not Subject to Local Rent Control, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

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REGISTRATION OF

VACANT PROPERTIES

4.N. Second Reading of Ordinance No. 2836 (CCS) Amending Chapter 13.04, Vacant Properties, of Article 13, Neighborhood Preservation, of the City of Santa Monica Municipal Code to Require the Registration of Vacant Properties, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

OUTDOOR DINING

PROGRAM

4.O. Second Reading of Interim Zoning Ordinance No. 2837 (CCS) Amending Santa Monica Municipal Code Section 9.31.200, Outdoor Dining and Seating On Sidewalks, to Promote Economic Recovery by Simplifying the City’s Outdoor Dining Program, was adopted.

Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

MINUTES 4.P. Minutes of the City Council - Regular Meeting - Aug 12, 2025 5:30 PM, were approved.

MINUTES 4.Q. Minutes of the City Council - Regular Meeting - Oct 28, 2025 5:30 PM, were approved.

MINUTES 4.R. Minutes of the City Council - Regular Meeting - Oct 14, 2025 5:30 PM, were approved.

LOCAL HAZARD

MITIGATION PLAN

4.S. Resolution No. 11723 (CCS) Approving and Adopting the City of Santa Monica's Updated Local Hazard Mitigation Plan, was adopted.

Recommended Action
Staff recommends that the City Council:

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

2. Adopt a resolution of the City Council of the City of Santa Monica approving and adopting the updated Hazard Mitigation Plan;

3. Direct staff to forward copies of the approved and adopted City of Santa Monica Hazard Mitigation Plan and Resolution as necessary or as required by the California Governor’s Office of Emergency Services and/or the U.S. Department of Homeland Security, Federal Emergency Management Agency before the next formal five-year update; and

4. Authorize staff to make modifications to the City of Santa Monica’s Hazard Mitigation Plan as necessary or required by the California Governor’s Office of Emergency Services and/or the Federal Emergency Management Agency before the next five-year update

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Questions asked and answered of staff included: are these plans required by FEMA for federal funding; is FEMA approval necessary for certain grant funding; has FEMA ever said that anything the city has submitted was ineligible; has the city used Earth Consultants International before, are they reputable, and do other jurisdictions use them; which departments were on the resilience planning committee; were city emergency response experts on the committee; did the public have an opportunity for comment via public survey, workshops, comment period, commissions, etc.; is FEMA expected to approve this plan; clarification that fire, police, and planning departments were active in the planning team; why is it being recommended to evacuate by foot in a tsunami; where is the tsunami zone, and how should someone located in these particular areas evacuate, especially those with mobility issues; is the city required under AB 747 to do a (quantitative) capacity analysis for the evacuation plan; are there plans to do more detailed analyses of evacuation routes in the future; are FEMA delays expected, and can mitigation measures be implemented while awaiting approval; what’s the latest on a broader tsunami warning system; are there plans for more emergency response training, especially on the Pier; how does the safety element, hazard plan, and housing element interrelate in city planning; has future population growth been contemplated in planning; are safety planning and hazard mitigation a continual, ongoing process; clarification for how the city is evaluating alternate evacuation routes; is it accurate that the plan will continue to be a living document and will be updated as new hazards and information arise; how will the plan address those with mobility, language, or accessibility barriers in evacuation planning; are evacuation drills being planned and not just educational initiatives; does the plan account for densification, increased population, and evacuation needs; is the city addressing the fire hydrant limitation issue in densifying areas, and does this require council direction; what’s the status of tsunami public address/warning systems and signage, and are there improvements planned for inclusivity/clarity; and can language be added to address “future densification” explicitly.

Considerable discussion ensued on topics including, but not limited to appreciation for the comprehensive work done; acknowledgment that these plans are required for FEMA funding and that it’s important the city continues with the plan to pursue FEMA funding eligibility; the value of having a reputable consultant who has worked on the safety element for consistency and expedience; the resilience planning committee including a wide range of departments and emergency response experts; reinforcing the plan’s breadth and stakeholder involvement; the importance of public comment and outreach in the process; confirmation that the plan is expected to receive FEMA approval and that this is important for moving forward; confirmation that fire, police, and planning departments were actively engaged in planning; curiosity over the tsunami by-foot evacuation recommendation; highlighting limited resources but a willingness to improve

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as feasible; practical interest in the ability to start implementation of mitigation measures pending FEMA approval and in making sure public announcement systems and public warning infrastructure are adequate; recognizing that state law now requires safety elements to keep pace with the housing element; supporting the city’s approach to ongoing preparation and policy integration; safety preparation is an ongoing process and the city stays up-to-date with best practices; the importance of the plan being “a living document;” continually updating the plan as new information is received and new hazards are learned and evaluate next steps to try to keep community safe; clarity for public benefit on what a de novo hearing is; underlining the Council’s responsibility to weigh all evidence independently; the importance of ensuring that evacuation plans are inclusive of “folks who might not be very mobile, or might have language accessibility issues, or might have other qualities that might prevent them from being able to evacuate;” reinforcing a focus on equity and vulnerability in planning; appreciation of ongoing drills and the city’s prioritization of public education around hazards; community concern about increasing density and the ability of evacuation and safety plans to keep up, asking for “plain language” so the public can easily understand; request for clear confirmation that this plan takes into account the future development and increase in population; stressed the need for fire hydrant infrastructure to be sufficient as part of mitigation planning and connected this to the city’s real-world experience, asking if council direction was needed to address known issues; strong belief that education and signage are essential; and that this plan “is a working plan” and that densification is always being looked at.

Motion by Councilmember Hall, seconded by Councilmember Raskin, to adopt the staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Zwick

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CHARGING

INFRASTRUCTURE

PROJECT

4.A. Award Bid #SP2575 and Construction Contract to Vellutini Corporation, DBA Royal Electric Company, for the Santa Monica Department of Transportation Charging Infrastructure Project, Phases 2-4, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (Class 3 - New Construction of Small Structures) and Section 15311(Class 11 – Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid # SP2575 to Vellutini Corporation DBA Royal Electric for the construction, purchase, and installation of battery electric bus charging infrastructure and electric vehicle supply equipment for the Department of Transportation;

3. Authorize the City Manager to negotiate and execute Contract No. 11784 (CCS) with Vellutini Corporation DBA Royal Electric Company, in an amount not to exceed $55,907,500 (including a $5,082,500 contingency);

4. Approve the position and dedicate a limited-term Senior Construction Manager for the project as described in the “Funding and Staffing Recommendations” section of this report; and

5. Authorize budget amendments as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).

Motion by Councilmember Snell, seconded by Councilmember Raskin, to adopt the staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers Raskin, Snell, Zernitskaya,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmembers Zwick and Hall

CLOSED SESSIONS
(Councilmember Hall was
excused from closed session
at 12:03 a.m.)
(Councilmember Zernitskaya
was excused from closed
session at 12:20 a.m.)
On order of the Mayor, the City Council recessed at 10:00 p.m., to consider Closed Sessions and returned at 12:21 a.m., with all members present, except Councilmembers Zernitskaya and Zwick to report the following:

5.A. Conference with legal counsel - anticipated litigation - Gov’t.

Code § 54956.9 - litigation claims of Constance White and Milana Davis against City of Santa Monica pertaining to condemnation of property located at 1811 Ocean Avenue. One case.

The City Attorney advised that after mediation, the city and Constance White entered into a settlement including a payment of $350,000, recognition of her efforts, possible reparations process, establishment of a Silas White

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exhibit at the main library, renaming a portion of Vicente Terrace to Silas White Street, a Silas White proclamation and day, mutual release of claims, and other logistical considerations. Settlement was authorized by the City Council by a vote of 7–0. In addition, by January 2026, the city will bring forward a plan for a citywide restorative justice program.

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

John U.N.B. Doe, et al. v. City, et al.; LASC # 23STCV12746; John Doe 1, et al. v. City, et al.; LASC # 23STCV15009; Hector Orozco v. John Doe: Does 1-2; LASC # 23SMCV03120; John JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v. Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v. City, et al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v. City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v. City, et al.; LASC # 24STCV15580; John Doe 48 v.

City, et al.; LASC # 24STCV15420; John Doe 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v. City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v.

Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v. City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158 The City Attorney advised this matter was heard with no reportable action taken.

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5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City v. ICSOP, et al.; OCSC # 30-2022-01261243 The City Attorney advised this matter was heard with no reportable action taken.

5.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Teri Davis Bernstein v. City, et al.; LASC # 25STCP04293 The City Attorney advised this matter was heard with no reportable action taken.

5.E. Conference with legal counsel - potential initiation of litigation - Gov. Code § 54956.9(d)(4): 1 case
The City Attorney advised that the City will issue a demand for properties at 1222 Broadway and 1310 Broadway to cease overnight operations due to nuisance conditions; if not remedied quickly, litigation will be initiated.

Action was authorized on a vote of 6–0.

5.F. Conference with real estate negotiator - Gov. Code § 54956.8:
property: 1640 14th Street, Santa Monica, CA, 90405; owner of record:
1640 14th OWNER LLC; City negotiator: Oliver Chi, City Manager; party to be negotiated with: Jim Jacobsen, Founder, Industry Partners; under negotiation: price and terms of payment for purchase of property The City Attorney advised this matter was heard with no reportable action taken.

5.G. Conference with real estate negotiator - Gov. Code § 54956.8:
property: 1639 and 1645 Euclid Avenue, Santa Monica, CA, 90405; owner of record: 1639 EUCLID LLC and 1645 EUCLID AVENUE LLC; City negotiator: Oliver Chi, City Manager; party to be negotiated with: Jim Jacobsen, Founder, Industry Partners; under negotiation:
price and terms of payment for purchase of property
The City Attorney advised this matter was heard with no reportable action taken.

5.H. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Attorney; Gov. Code § 54957.6: conference with labor negotiator; City negotiator: Mayor/City Manager; unrepresented employee: City Attorney
The City Attorney advised this matter was heard with no reportable action taken.

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Packet Pg. 366 Minutes Acceptance: Minutes of Nov 18, 2025 5:30 PM (CONSENT CALENDAR) 14 November 18, 2025

5.I. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Alejandra Garcia v. City; LASC # 21STCV07940 [report out only]
The City Attorney advised that council approved a $150,000 settlement in Garcia v. City, a class action lawsuit concerning events from May 31–June 2, 2020. The city denies liability but agreed to settle in exchange for a release of claims. Settlement was approved by a vote of 7–0 at the October 28, 2025 Council meeting.

CITY MANAGER
REPORT
The City Manager Report was presented.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Member of the public Johnathan Foster commented on item 16.C.

PUBLIC HEARINGS:

STRUCTURE OF MERIT

12.A. Appeal of Decision by Landmarks Commission to Designate the Front Residence on the Property Located at 1125 18th Street as Structure of Merit, was heard.

Recommended Action
Staff recommends that the City Council:

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

2. Approve 25ENT-0135, appeal of the Landmarks Commission’s decision to designate the front building, a 952 square foot rectangular one-story, single-unit wood-frame residence, on the property located at 1125 18th Street as a Structure of Merit; and

3. Deny Designation Application 25ENT-0069 to designate the front building, a 952 square foot rectangular one-story, single-unit woodframe residence, on the property located at 1125 18th Street as a Structure of Merit.

Councilmembers reported the following ex-parte communications:

Councilmember Dan Hall reported that on Sunday, November 16, he spoke with Ruthann Lehrer of the Santa Monica Conservancy and received and responded to texts from Nina Fresco of the Conservancy.

Councilmember Raskin reported that he had a telephone conversation on

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Friday, November 14, with Mario Fonda-Bonardi from the Conservancy and exchanged several emails and text messages with Nina Fresco.

Mayor Pro Tem Caroline Torosis reported that on Sunday, November 16, she had a conversation with Ruthann Lehrer and received emails related to the matter.

Councilmember Snell reported that he had breakfast with Ruthann Lehrer and Nina Fresco and he responded to an email from Ruthann Lehrer.

Mayor Lana Negrete reported that she attended the preservation awards ceremony where the topic was discussed and acknowledged the possibility of ex-parte communication by being present at the event.

Councilmember Zernitskaya reported that she had a brief phone call earlier that day with Ruthann Lehrer from the Santa Monica Conservancy and exchanged a few texts and one email with Ms. Lehrer to set up the call.

Members of the public Jack Hillbrand, John Prindle, Neil Risch, Anne Pomeroy, Elizabeth Van Denburgh, Zennon Ulyate-Crow, and Shahab Ghods, spoke to the recommended action.

Questions asked and answered of staff included: is staff now asserting that the city’s historic resources inventory (HRI) should not be relied on, even though the ordinance explicitly uses it as a designation criterion; has staff ever told the council or commission to ignore an HRI listing when applying criterion A; does the ordinance say that an HRI identification may be disregarded if staff later disagrees with it; is the burden for structure of merit intentionally lower than that for landmark designation, and is the city applying the correct level of scrutiny here; will the city need to update the current ordinance, because the way our ordinance is being applied here seems inconsistent with the written letter of the law; is it still staff’s assessment in Section A that, “It technically meets the wording of this criteria;” how many other surviving craftsman bungalows are in the Green Acres tract; has the Landmarks Commission, in the past, looked at neighborhood location and the geographic scope of parts of the city in determining whether something is a rare example; are we not supposed to read parts of statutes and ordinances as surplusage; isn’t there an intentionally lower bar for structures of merit; hasn’t the Landmarks Commission in the past looked at neighborhood location for deciding rarity of a building type; what is a “windshield survey;” how does a property get added to the historic resources inventory and how frequently is that assessed; what is a “de novo hearing,” and what is the city’s obligation or responsibility within the context of this type of hearing; the Conservancy’s argument is that the structure is unique because of the side entrance and the bank of windows; do we have other craftsman homes with such features or is that unique among

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craftsman homes; what is the difference between a landmark and a structure of merit, and what would the practical implications be if the property were designated a structure of merit; if the structure were designated a structure of merit, would it effectively pause demolition for at least six months while negotiation happens; if a structure is more than 50 years old and is rare, does that mean it automatically qualifies; can you explain the process that the Landmarks Commission follows when deciding whether structure of merit applies; does historic preservation preclude new development on a property; would this preclude new development on the property; and can a property be developed in the rear and still keep the historic designation.

Considerable discussion ensued on topics including, but not limited to whether the property meets the legal criteria for a structure of merit; that criterion A (being identified in the historic resources inventory) is not discretionary and is sufficient to meet the designation; the house has several distinctive features and represents a rare variation of a craftsman bungalow; that the decision was serious and evidence-based, and that the property met the criteria for the structure of merit for both criteria A and B; the public contributions and the significance of preserving a unique craftsman home; the intention behind the structure of merit category and that it is meant to enable a pause for collaborative solutions that can incorporate both preservation and new housing; concerns about potential impacts of redevelopment (like parking) were not relevant to this decision; that council must follow the municipal code and that the property meets the structure of merit designation under its provisions; and the broader implications of historic preservation, affordability, and the character of the neighborhood.

Motion by Councilmember Snell, seconded by Councilmember Hall, to adopt the staff recommendation to deny the appeal and uphold the Landmarks Commission’s designation of 1125 18th Street as a structure of merit. The motion was approved by the following vote:

AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Zwick

COUNCILMEMBER
DISCUSSION ITEMS:

In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.

Items 16.A. and 16.B. were removed and considered separately in accordance with Council Rule 6(y)
Motion by Councilmember Hall, seconded by Councilmember Snell, to approved Councilmember Discussion Items 16.C. and 16.D. The motion was

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approved by the following vote:

AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya,
Mayor Pro Tem Torosis, Mayor Negrete
NOES: None
ABSENT: Councilmember Zwick

TRANSIENT

OCCUPANCY TAX

ADVISORY COMMITTEE

16.A. Appointment to one scheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2027, was continued to the December 9, 2025 Council meeting.

HOUSING COMMISSION 16.B. Appointment to one vacancy on the Housing Commission for terms ending on June 30, 2028. Continued from the October 28, 2025 meeting to meet quorum requirements, was made.

On order of the Mayor, the floor was opened for nominations.

Councilmember Hall nominated William Kozicki.

William Kozicki was appointed unanimously by roll call vote with all members present except Councilmember Zwick.

COUNCIL

DISCRETIONARY FUNDS

16.C. Request of Councilmembers Hall and Zernitskaya that Council approve use of up to $6,000 of Council discretionary funds to support Samohi’s Legado Latino club in offsetting expenses incurred during the community’s observation of Día de los Muertos at the Santa Monica History Museum, was approved.

COUNCIL

DISCRETIONARY FUNDS

16.D. A Request of Councilmember Snell and Mayor Pro Tem Torosis that the City Council approve use of up to $2,000 of Council discretionary funds to support Santa Monica College's 9th Annual GIVING THANKS(giving) taking place Monday and Tuesday,
November 24th and 25th to help provide holiday groceries and support for SMC students, was approved with an additional $1,000 contributed from the discretionary funds of Councilmember Zernitskaya.

ADJOURNMENT On order of the Mayor, the City Council adjourned at 12:26 a.m. in memory of Barnabe Cano and members of the transgender community who lost their lives due to transphobia and hate.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor

4.J
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25 4.J
Packet Pg. 371 Minutes Acceptance: Minutes of Nov 18, 2025 5:30 PM (CONSENT CALENDAR) 1 November 18, 2025
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
NOVEMBER 18, 2025
A special meeting of the Santa Monica City Council was called to order by Mayor Negrete at 5:35 p.m., on Tuesday, November 18, 2025, at City Council Chambers, 1685 Main Street, Santa Monica, CA, and at a teleconference location in Miami, FL.

Roll Call: Present: Mayor Lana Negrete
Mayor Pro Tem Caroline Torosis
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya (arrived remotely at 5:35 p.m.)

Present: Councilmember Jesse Zwick
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present except Councilmember Zwick. Councilmember Snell led the assemblage in the Pledge of Allegiance.

STATEMENT OF

ACCOUNTABILITY
(LAND

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

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them. The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Snell.

LEVINE ACT Pursuant to the Levine Act (Govt Code Section 84308), any party to a

4.K
Packet Pg. 372 Minutes Acceptance: Minutes of Nov 18, 2025 5:35 PM (CONSENT CALENDAR) 2 November 18, 2025
DISCLOSURE permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official.

Participants and agents are requested to make this disclosure as well.

The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

No Councilmembers recused from any items on the agenda pursuant to the Levine Act.

PUBLIC INPUT FOR
CLOSED SESSION ONLY:

No members of the public commented on Closed Session items.

CLOSED SESSIONS
(Councilmember Hall was
excused from closed session
at 12:03 a.m.)
(Councilmember Zernitskaya
was excused from closed
session at 12:20 a.m.)
On order of the Mayor, the City Council recessed at 10:00 p.m., to consider Closed Sessions and returned at 12:21 a.m., with all members present except Councilmembers Zernitskaya and Zwick, to report the following:

5.A. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1): People of the State of California et al. v. Saeed Farzam, et al., LASC # 24SMCV02305
The City Attorney advised this matter was heard with no reportable action taken.

5.B. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1): Pavilions Motel Inc., et al. v. City of Santa Monica, et al., 2:25-cv-05523-FLA-JC (C.D. Cal)
The City Attorney advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council special meeting adjourned at 12:26 a.m. in memory of Barnabe Cano and members of the transgender community who lost their lives due to transphobia and hate.

ATTEST: APPROVED:

Nikima S. Newsome Lana Negrete
City Clerk Mayor

4.K
Packet Pg. 373 Minutes Acceptance: Minutes of Nov 18, 2025 5:35 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 4.L
1 of 3
To: Mayor and City Council
From: Darrick Jacob, Interim Police Chief, Police Department Subject: Approval of Modification to Purchase Order with U.S. Armor to Provide Bulletproof Vests for the Police Department
Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to issue a change order to purchase order #22600670 in the amount of $250,000 with U.S. Armor for bulletproof vests for the Police Department. This would result in a revised purchase order total not to exceed $500,000, with future year funding contingent on Council budget approval; and

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

Summary
The Santa Monica Police Department (“SMPD”) equips all its field personnel with protective body armor as a standard issue safety equipment item for daily wear during duty hours. This body armor must meet the certification rating of 0101.06 set by the National Institute of Justice (NIJ) and provides protection to officers, while remaining flexible and comfortable. Staff recommends a modification to the purchase order with the City’s current vendor, U.S. Armor, to increase the purchasing authority by $250,000, which will result in a new not to exceed amount of $500,000 over the life of the current five-year term.

Discussion

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2 of 3
On May 25, 2022, SMPD posted a Request for Quotes (“RFQ”) for concealable body armor. A total of four vendors downloaded the RFQ and two submitted quotes. A team comprised of SMPD personnel reviewed the quotes. The evaluation team evaluated each vendor’s quotes with consideration given to pricing, NIJ compliance, and the comparison of samples. SMPD’s evaluation team selected the company U.S. Armor as the best bidder in accordance with the criteria stated in the RFQ and the City’s municipal code. On August 17, 2022, U.S. Armor was awarded a five-year Purchase Order (“PO”) for concealable body armor with a total contract amount of $250,000.

Due to a backlog of expired bulletproof vests and the hiring of 57 new police officers since the original award, the current PO will exceed its spending authority before its five-year term expires. Staff requests that the City Council approve increasing the spending authority under the PO by an additional $250,000, which will allow sufficient funding for new vest issuance and replacement of expired vests for uniformed SMPD personnel. Furthermore, consistent with the City’s purchasing practices, staff will begin a new competitive bidding process for concealable body armor prior to the expiration of the PO’s five-year term.

Environmental Review
The purchase order with U.S. Armor is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The contract is covered by the commonsense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The purchase order will provide SMPD with bulletproof vests for uniformed members of the Santa Monica Police Department. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impacts and Budget Actions
Staff seeks authority to approve available from funding from the General Fund and the

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3 of 3
Citizens Option for Public Safety (COPS) Fund to increase the amount of purchase order #22600670 with U.S. Armor for concealable bulletproof vests.

Purchase Order Modification Request
Purchase
Order #
Funding
Sources
Current
Authorized
Amount
FY 2025-26
Request
Amount
Amount
for
Future
Years
Dept Account #
Total
Revised
Purchase
Order
Amount
22600670
General $250,000 $36,000 $180,00
0 01180005.52509
0 $466,000
COPS $0 $34,000 $0 22180001.52526
0 $34,000
Total $500,000
Future year funding is contingent on Council budget approval.

Prepared By: Cody Green, Police Lieutenant
Approved Forwarded to Council
Attachments:

A. U.S. Armor Oaks Initiative
B. Levine Act Disclosure - US Armor Signed

4.L
Packet Pg. 376
• 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:

U.S. ARMOR CORPORATION
Name(s) of trustees, directors, partners, and officers:

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

STEPHEN ARMELLINO
Prepared by: STEPHEN E. ARMELLINO
Signature: � -ef' /4L
Email: [email protected]
FOR CITY USE ONLY:

Bid/PO/Contract# _________ _
Title: PRESIDENT
Date: -------- 913/25
Phone: 562-207-4240
Permit# ________ _

4.L.a
Packet Pg. 377 Attachment: U.S. Armor Oaks Initiative (7360 : Modify Bulletproof Vest PO)

4.L.a
Packet Pg. 378 Attachment: U.S. Armor Oaks Initiative (7360 : Modify Bulletproof Vest PO)

4.L.b
Packet Pg. 379 Attachment: Levine Act Disclosure - US Armor Signed (7360 : Modify Bulletproof Vest PO)

4.L.b
Packet Pg. 380 Attachment: Levine Act Disclosure - US Armor Signed (7360 : Modify Bulletproof Vest PO)

4.L.b
Packet Pg. 381 Attachment: Levine Act Disclosure - US Armor Signed (7360 : Modify Bulletproof Vest PO)

4.L.b
Packet Pg. 382 Attachment: Levine Act Disclosure - US Armor Signed (7360 : Modify Bulletproof Vest PO)

4.L.b
Packet Pg. 383 Attachment: Levine Act Disclosure - US Armor Signed (7360 : Modify Bulletproof Vest PO) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 5.B
1 of 2
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office Subject: Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

John U.N.B. Doe, et al. v. City, et al.; LASC # 23STCV12746; John Doe 1, et al. v. City, et al.; LASC # 23STCV15009; Hector Orozco v. John Doe: Does 1-2; LASC # 23SMCV03120; John JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v. Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v. City, et al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v.

City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v. City, et al.; LASC # 24STCV15580; John Doe 48 v. City, et al.; LASC # 24STCV15420; John Doe 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v.

City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v. Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v. City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158

5.B
Packet Pg. 384
2 of 2
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.B
Packet Pg. 385
1 David Yakobson
From: Stanley H Epstein <[email protected]>
Sent: Sunday, December 7, 2025 6:53 PM
To: councilmtgitems
Cc: Caroline Torosis; Jesse Zwick; Lana Negrete; Ellis Raskin; Dan Hall; Natalya Zernitskaya; Barry Snell; Oliver Chi; Heidi von Tongeln; Clerk Mailbox Subject: Item 5 D . Council Meeting on December 9, 2025- Child Sex Abuse Litigation

EXTERNAL
Ladies and Gentlemen, A few weeks ago, the City Manager stated at a NOMA monthly meeting that no child sex abuse case would thereafter be settled by our City without adequate investigation that there was no unethical or illegal action by counsel for the Plaintiff in such case. Mr. Chi further said that Interim City Attorney Heidi Von Tongein had committed to him that such preventative steps would be taken in every such case.

The LA Times recently reported on gross misconduct by attorneys representing plaintiffs in such cases in LA County, some of it rising to criminal behavior.

Santa Monica has unbelievably and negligently settled over 200 of these cases for an average amount of $1 Million without one word of deposition or other discovery at any time. The City’s current financial difficulties arises largely from those settlement payments.

It would be totally unacceptable for Council to agree to any settlementTuesday or anytime thereafter unless it is reasonably satisfied by the City’s counsel that due diligence as to all relevant facts, including the actions of lawyers for the plaintiff, has been completed and that the settlement is truly appropriate. Any conduct not satisfying that standard would subject each Council member, Heidi, and Oliver to personal liabilityto the City.

Further, it would be sensible to make a thorough investigation of all facts demonstrated in cases already settled.

Stan Epstein. 310 393 7619
Sent from my iPad
Item 5-B
December 9, 2025
Item 5-B
December 9, 2025

5.B.a
Packet Pg. 386 Attachment: Written Comments (7444 : Uller) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 5.D
1 of 1
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office Subject: Conference with legal counsel - potential initiation of litigation - Gov. Code § 54956.9(d)(4): 1 case (SMF Property Holdings LLC; Santa Monica EV Holdings, LLC; and Waymo LLC)
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.D
Packet Pg. 387
1 David Yakobson
From: Christopher Potter <[email protected]> Sent: Tuesday, December 9, 2025 11:08 AM
To: councilmtgitems
Subject: 5D / Closed Session / Litigation Discussion

EXTERNAL
Dear Council Members and city employees,
When I asked Oliver Chi if robots have more rights than residents, he said, "No." I have this on video.

Thank you for helping us to get Waymo to act like good neighbors.

There are over 500 people who have signed my petition on Change.org to reduce noise and the 24/7 driverless vehicles circling around our neighborhood.

If litigation commences, I'd like to see that they limit using the alley (12th Ct.) as an ingress/egress route for their operations and have them avoid accelerating or decelerating past my building at 1208 Broadway (since the Waymo car has a built-in sound effect that is triggered when slowing down or speeding up).

In general, I agree a sound being emitted to warn pedestrians is important but when it's past my window, I'm not fine with it.

They should just alter their routes when nearing/leaving their hubs (if they're not going to be dropping off or picking someone up from my or anyone's nearby apartment). If that means they'll have to drive somewhat inefficiently to get to their destination, so be it. When Waymo initiated "Operation Quiet as a Mouse", that should've also included when nearing or leaving their hubs (not just the back-up alert).

Thank you,
Chris Potter
805.689.3987
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Item 5-D
December 9, 2025
Item 5-D
December 9, 2025

5.D.a
Packet Pg. 388 Attachment: Written Comments (7449 : 5.D. Closed Session) 2 David Yakobson
From: Ivana Justine <[email protected]>
Sent: Monday, December 8, 2025 8:50 PM
To: councilmtgitems
Subject: Waymo Lots

EXTERNAL
Dear council members;
I want to say that the situation with the Waymo’s is still going on the noise all night the lights flashing on the apartment buildings and bedrooms windows and I do hope that the council will let the city attorney‘s office file litigation.

Thank you,
Ivana
Item 5-D
December 9, 2025
Item 5-D
December 9, 2025

5.D.a
Packet Pg. 389 Attachment: Written Comments (7449 : 5.D. Closed Session) 1 David Yakobson
From: nancy taylor <[email protected]>
Sent: Monday, December 8, 2025 12:27 PM
To: councilmtgitems
Cc: Dylan Moore; [email protected]; Erin Donley
Subject: Waymo lots and December 9 agend

EXTERNAL
Dear council members:

First of all I would like to thank all of you and all of the city employees for helping us with this issue. I see on 5D that there will be a closed session for the city council to discuss possible litigation. I just want to say that the situation is still troublesome and I do hope that the council will see fit to let the city attorney‘s office file litigation so we can get some relief. Thank you so much.

Nancy Taylor
1507 12th St., Apt. 11, Santa Monica
phone number 310-560-6025.

Item 5-D
December 9, 2025
Item 5-D
December 9, 2025

5.D.a
Packet Pg. 390 Attachment: Written Comments (7449 : 5.D. Closed Session) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 5.H
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To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office Subject: Conference with real estate negotiator - Gov. Code § 54956.8: property:

Santa Monica Beach (approximately 550,000 square feet of sand area south of the Santa Monica Pier to the Pico Blvd. storm runoff and bordered by the beach bike path on the east and the Pacific ocean on the west), Santa Monica, CA; owner of record: City of Santa Monica; City negotiator: Susan Cline, Assistant City Manager, and Peter James, Deputy City Manager; parties to be negotiated with: Melissa Ormond, COO, Golden Vice, LLC; under negotiation: price and terms of payment for license Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

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City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 12.A
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To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Approval of Establishment of a Self-Certification Pilot Program and Introduction and First Reading of Ordinances to (1) Amend Santa Monica Municipal Code Chapter 8.108 to revise the Construction and Demolition Material Recycling Compliance Process and to transition from a depositbased system to a fine-based enforcement approach, and (2) Establish Interim Zoning Regulations Updating Applicability Thresholds and Standards for Resource and Recycling Room Dimensions; and Adopt a Resolution of Intention to Amend the Text Section 9.21.130 of the Zoning Ordinance Related to Resource Recovery and Recycling Standards
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption from the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15061(b)(3).

2. Introduce for First Reading an Ordinance amending Santa Monica Municipal Code Chapter 8.108, Subpart B, to amend the construction and demolition material recycling compliance process and to transition from a deposit-based system to a fine-based enforcement approach.

3. Introduce for First Reading an Interim Zoning Ordinance updating applicability thresholds and standards for resource and recycling room dimensions set forth in Santa Monica Municipal Code Section 9.21.130 in order to further economic recovery efforts by facilitating a self-certification building permit program.

4. Adopt a Resolution of Intention directing the Planning Commission to initiate amendments to the text of Section 9.21.130 of the City’s Zoning Ordinance to update applicability thresholds and resource and recycling room dimensions in order to further economic recovery efforts by facilitating a self-certification building permit program.

Summary
On February 11, 2025, City Council directed staff to create a self-certification pilot program allowing building permits for “non-structural commercial tenant improvements,

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single-family home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days.

Staff has studied programs from other jurisdictions and developed a program that is proposed to be piloted in three phases:
• Phase 1: Commercial Non-Structural Tenant Improvements that do not include:
(1) food and beverage uses, except as required by State law (AB 671), (2) childcare and education uses, or (3) a change of use which triggers higher degree of occupancy hazard requirements
• Phase 2: Detached Accessory Dwelling Units (ADUs)
• Phase 3: Single Unit Dwellings – new and additions
The self-certification program would fully remove plan check review for the identified project types ensuring that qualifying projects will be able to obtain a building permit within a few days of submitting a complete application. For Phase 1 implementation, commercial non-structural tenant improvements (“TIs”) make up approximately one-third of plan checks and may help alleviate some staff workload issues, addressing Council’s direction. The self-certification program would shift the responsibility for determining compliance with all codes to a licensed architect, along with a Certified Access Specialist (CASp), who would certify that the project complies with:
• Building Code requirements;
• Zoning Ordinance requirements;
• Public Works requirements including Resource Recovery and Recycling (RRR), Engineering, Office of Sustainability and the Environment (OSE), and Water Resources; and
• Fire requirements.

The licensed professionals would be required to sign an agreement assuming full risk and responsibility for the permitted plan and taking on full liability for compliance.

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This report provides an overview of staff’s recommended first phase of this pilot program. In addition, to help facilitate this program, staff proposes amendments to the construction and demolition material recycling compliance process and trash enclosure applicability and dimensions in Articles 8 and 9, respectively. These amendments will simplify the overall process, create objective standards, and provide greater transparency.

The self-certification program is one component of a modernized and streamlined development services experience that is being developed as part of the City’s Realignment Plan. The improved experience will be centered around process optimization and service commitments supported by an updated website portal and updated land management software augmented by AI tools. The main focus is on providing multiple pathways for applicants to obtain their building permits faster with self-certification being an option in addition to regular plan check and expanded project types qualifying for “over-the-counter” and “express permits.” Discussion
On February 11, 2025, City Council provided the following direction for staff to develop a voluntary self-certification pilot program (“Program”) in order to expedite the issuance of certain building permits:
“Request of Councilmember Zwick, Mayor Negrete, and Mayor Pro Tem Torosis that the City Council direct the City Manager and City Attorney to expedite the issuance of Building Permits in Santa Monica without reducing building integrity and still adhering to life and safety requirements through the development of a Voluntary Self-Certification Pilot Program for non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units.

The Self-Certification Program shall allow Licensed Professionals who agree to self-certify that building plans are compliant with all California codes and local ordinances to bypass the normal plan review process and get approval for permits in one to five business days, facilitating our city’s economic recovery and reducing the workload on plan check professionals, allowing them to focus on the more complex projects that require their attention. City staff shall return to City

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Council with recommendations for program design and implementation within six months.”
Subsequent to Council direction, an interdepartmental team from City Planning, Building and Safety, Fire, Inspections, Mobility, Resource Recovery & Recycling (RRR), Engineering, Water Resources, Office of Sustainability & the Environment (OSE), Rent Control, and City Attorney’s Office have worked on the development of a program removing all staff review, except for inspections, from the building permit process.

Through this coordination, a phased approach to implement this Program was decided upon to allow staff to analyze and amend the Program before expanding into more complex scopes of work. As non-structural commercial TIs already are not reviewed by all departments, there was less risk associated with using this permit type to pilot the first phase of this Program. Additionally, commercial TIs comprise approximately 36% of the building permits submitted to the City. Therefore, this first phase has the potential to have a significant impact on the City’s economic recovery efforts and reduce staff workload on relatively minor projects so that more staff time can be focused on complex projects that require more time and expertise, as is Council’s goal for this Program.

Below is an overview of the proposed Program, including recommended limitations and expansions and other mechanisms necessary for implementation, as well as a comparative analysis of other jurisdictions offering self-certification programs.

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Review of Other Self-Certification Programs
In the creation of this Program, staff have also reviewed other jurisdictions that offer self-certification. Key takeaways from this review include the following:
• All jurisdictions require some type of qualifying process. • The jurisdictions within the Los Angeles area limit the scope to single-unit dwellings impacted by the Eaton and Palisades fires.
• All jurisdictions only eliminate building code review.

Staff reviewed five jurisdictions, but the table below provides an overview of the four jurisdictions with the most information available online.

Jurisdiction
Scope of SelfCertification Code
Review
Eligible Projects for
Self-Certification
Program
Applicant PreQualification
Requirements
City of Los Angeles
Removal of only
Building Code
Review
Single-Unit Dwelling &
associated structures
impacted by Eaton or
Palisades Fire
ICC Exam

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Jurisdiction
Scope of SelfCertification Code
Review
Eligible Projects for
Self-Certification
Program
Applicant PreQualification
Requirements
County of Los
Angeles
Removal of only
Building Code
Review
Single-Unit Dwelling &
associated structures
impacted by Eaton or
Palisades Fire
3 permits
completed in
County
City of Chicago
Removal of only
Building Code
Review
Small- and mid-sized
residential &
commercial projects
City-conducted
training every 2
years
San Diego County
Removal of only
Building Code
Review
Commercial TIs,
minor grading
City-conducted
training
City of Bellflower
Removal of only
Building Code
Review
As determined by
Building Official
As determined by
Building Official
based on scope
City of Santa
Monica (Proposed)
Removal of ALL
city plan review
Phase 1: Nonstructural commercial
TIs
3 permits
completed in City
in last 15 years
Phase 1 Scope
Projects eligible for the first phase of this Program will include non-structural, commercial TIs. Non-structural commercial TIs include projects that are only proposing work entirely within existing buildings with no structural or exterior changes (i.e. façade remodels, window replacements, and changes to parking and loading operations).

These projects are generally for new tenants or existing businesses updating their tenant spaces.

In addition to non-structural, commercial TIs, staff proposes to include building permits for structures associated with special events and temporary use permits to be eligible in this phase. This expansion is aligned with prior Council direction as it will contribute to greater streamlining efforts for events and pop-up activations in the city.

However, in reviewing projects that would qualify under this first phase, staff proposes the following three project types be excluded from Program eligibility for the reasons provided below:

1. Projects Involving Food and Beverage Uses

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o Food and beverage uses include the following:
▪ Eating and Drinking Establishments – Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises (SMMC Section

9.51.030(B)(8)):
• Bar/Night Club/Lounge
• Restaurants (Full-Service, Limited-Service, and Take-out) • Food Hall
▪ Food and Beverage Sales – Retail sales of food and beverages for off-site preparation and consumption (SMMC Section

9.51.030(B)(10)):
• Convenience Market
• General Market
• Liquor Store
o Reasons for exclusion:
▪ Requires County of Los Angeles Public Health review and approval ▪ Necessitates additional technical review and fee assessments from Building & Safety, Civil Engineering, Mobility, OSE, Fire, and RRR (even when changing from one type of restaurant to another) ▪ Typically requires upgrades to infrastructure, trash enclosures, and parking/loading operations (even when changing from one type of restaurant to another)
▪ Public health, sanitation, and safety impacts if facilities are improperly designed and constructed (e.g., improper disposal of solid waste and wastewater; industrial waste discharges require implementation of correctly sized pretreatment units prevent sewer system overflows and back-ups)
o By prohibiting food and beverage uses staff does not anticipate a significant impact on the number of eligible projects for this Program

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based on data as of June 30, 2025, as shown in the table below. Over the past five years, on average, less than 10% of building permits for commercial TIs with no change of use include food and beverage uses.

Number of Commercial TI Plan Checks with No Change of Use Calendar
Year
Number of Plan Checks
Excluding Food and
Beverage Uses
Number of Plan
Checks Including Food
and Beverage Uses
Total
2021 230 21 251
2022 265 22 287
2023 223 21 244
2024 282 21 303
2025 96 13 109
However, on October 9, 2025, the Governor signed into law Assembly Bill 671 (AB 671) that requires a local jurisdiction to establish a self-certification approval process for certain restaurants T.I.s. AB 671 defines a restaurant as, “a retail food establishment that prepares, serves, and vends food directly to the consumer and is not a fast food restaurant.” Minimum requirements are as follows:
o Licensed architect or engineer to certify the plans
▪ Must have at least five years of experience in commercial building design or plan review
▪ Must maintain at least $2 million professional liability insurance per occurrence.
o Only interior work of an existing building is permitted o Only applicable local and State building, health, and safety codes are self-certified
Therefore, if a restaurant proposes a scope of work that qualifies them for selfcertification under AB 671, they will be permitted to participate in this program.

2. Projects Involving Childcare and Education Uses
o Childcare and educational uses include the following:

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▪ Childcare and Early Education Facility (SMMC Section

9.51.030(A)(3))
▪ College and Trade School (SMMC Section 9.51.030(A)(4)) ▪ School (SMMC Section 9.51.030(A)(11))
o Reasons for exclusion:
▪ Childcare and education uses typically require a higher level of review regarding occupancy and life safety, that can include building upgrades regarding fire sprinkler systems, fire alarm and detection systems/changes, emergency signage and lighting upgrades, fire-resistive construction changes, occupancy separation requirement, and potentially exiting width/ number of exits
▪ Mobility-related impacts, such as pick up and drop off operational plan

3. Projects Proposing a Change of Use with a Higher Degree of Occupancy Hazard than the Existing Use
o Reasons for exclusion:
▪ Higher hazard occupancies often trigger certain building upgrades such as fire sprinkler systems, fire alarm and detection systems/changes, emergency signage and lighting upgrades, fireresistive construction changes, occupancy separation requirement, and potentially exiting width/ number of exits. These are excluded from this process because they require system calculations, hydraulic analysis, technical review and field inspection verification throughout the project.
▪ May trigger extensive accessibility and plumbing upgrades per the California Building Code based on the proposed new use.

However, to ensure that a change of use does not unnecessarily disqualify a project from utilizing this program, Building & Safety and Fire will offer a preliminary consultation meeting to discuss the new occupancy requirements and

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if the space could be suitable for self-certification. Through the consultation, if the applicant can demonstrate the existing space already is suitable for the higher occupancy, the proposed project could qualify for self-certification.

Staff considered additional exclusions for Landmark and Historic Resources Inventory (HRI) properties but did not find it necessary because commercial TIs only include interior work. Therefore, there will be no exterior impacts on Landmark and HRI properties. However, Landmarks and HRI properties may be considered as an exclusion for future phases of the Program when expanded to Single-Unit Dwellings.

Program & Eligibility Requirements
To participate in this Program, self-certification permits must be prepared and lead by specified licensed professionals that have been pre-qualified. The project lead will be required to take on all liability for the project and attest that it is code compliant. Below is an overview of the required professionals on the project team, which will vary based on the scope of work.
• All projects shall require:
o Licensed Architect to be project lead
o Certified Access Specialist (CASp – ADA certification) • Additional licensed professionals shall be required if the project includes any of the following work:
o Mechanical
o Electrical
o Plumbing
o Fire Sprinkler (C16 license)
o Fire Alarm (C10 license)
How a Project Lead Qualifies for the Program
For a licensed architect to be qualified to lead a project utilizing this Program, they must first apply to get on the City’s eligibility list. This will require the architect to provide proof that they have completed three projects of similar scope (for this phase, commercial

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TIs) within Santa Monica in the last 15 years. This timeframe provides a reasonable amount of time for a project lead to have completed three projects within Santa Monica.

Additionally, proof of past work will demonstrate that the project lead has Santa Monicaspecific experience and understanding of local requirements. In review of other jurisdictions that have self-certification programs, all require program participants to demonstrate their qualifications through past experience. Staff’s proposed process is similar to the County of Los Angeles’ self-certification program and will allow a quicker implementation of this Program.

Program Audit & Penalties
As this is a voluntary program, to ensure it operates safely and to hold participants accountable, staff proposes an audit process that could result in disqualification from the future use of this Program and removal from the eligibility list. This “three strikes” rule would be developed under the Building Official’s authority to develop regulations to implement the Building Code and would entail disqualifying a project lead if they are found to be in violation of this Program three times. Violations could include, but are not limited to, working outside of the Program’s scope or requirements in the following ways:
• Making modifications outside of the building’s interior, such as revising parking operations or remodeling the building façade.
• Expanding beyond the project’s scope without approval (even if all interior). • Not hiring the necessary licensed professionals for specialized work. • Not adhering to applicable building codes.
• Not following other City requirements, such as not recycling construction and demolition material or using an unauthorized hauler for construction and demolition material removal.

However, pursuant to Santa Monica Municipal Code Section 8.08.040, a project lead will have the opportunity to appeal the violation before the Building and Fire Life Safety Commission.

After three violations are confirmed, staff poses the following policy question to Council:

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Council Policy Question:

Would Council like to put a time limit on how long a project lead is removed from the qualified list after the “three strikes” policy?
Staff Recommendation: Option 1 – Disqualify project lead permanently from Program (recommended because this is a voluntary program that needs to have consequences to ensure accountability).

Option 2 – Disqualify project lead for a specified amount of time (Council to provide specified time).

Permit Process
The self-certification program will launch with the new Clariti land management system, which will go live by end of April 2026. Staff will be utilizing an “Over-the-Counter” (OTC) permit process as a framework for processing self-certification permits. While the proposed plans will not be routed or reviewed by any division, the process will still include one hour of administrative staff time to confirm project eligibility, submittal requirements, and to assess fees. The current inspections process will still be conducted to ensure construction adheres to the Building Code, including Fire requirements and construction and demolition material removal requirements.

Therefore, the fees below will still be collected for every self-certification permit.

Permit Fees Collected (FY 25-26)
Administrative Time
(1 hour)
$316.83
Building & Safety
Inspection
• Projects 10,000 SF or less: $193.46 + $0.56 per SF
• Projects greater than 10,000 SF: Above calculation +
$0.40 for every additional SF above 10,000 SF
Fire Department
Inspection
$525.66
C&D Inspection $702.21
RRR Inspection $589.72
In addition to the above fees, staff proposes revising the current upfront requirement of a construction and demolition (“C&D”) material waste management performance security deposit to instead be assessed as a fine before final inspection only if the project is deemed to not be compliant with C&D requirements. Similar to the current fee structure, this fine will be calculated as follows:

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SMMC Table 8.108.160.C: Range of Fines
Project Valuation Minimum Penalty Maximum Penalty
$10,000 $500 $500
$100,000 $500 $3,000
$1,000,000+ $3,000 $30,000
While staff are no longer conducting plan reviews, the existing inspection process will remain. If any issues with compliance are identified during the inspections process, they will need to be rectified. Additionally, a Building Inspector reserves the right to require full plan check review if construction does not match permitted plans or if permit revisions are needed that go beyond the scope of a commercial non-structural TI.

Amendments to the Municipal Code
To ensure the above process can be implemented, staff proposes the following changes to Articles 8 and 9 of the Santa Monica Municipal Code (SMMC) addressing the C&D waste management plans and thresholds for RRR review. While the proposed amendments are necessary to implement this Program, the amendments will also simplify and streamline the process to benefit all projects, beyond Self-Certification. ➢ SMMC Chapter 8.108, Subpart B – Construction and Demolition Material Waste Management Plans
Construction and Demolition waste includes materials such as concrete, asphalt, wood, metal, and drywall generated from building, renovation, and demolition projects. This waste accounts for 25-40% of the world’s total waste stream but is highly reusable and recyclable. The City’s C&D waste diversion program under SMMC Section 8.108 requires 70% of all C&D materials to be diverted from a landfill in accordance with the 2022 CalGreen Building Code requirements.

The current code applies to projects that meet review thresholds – $50,000.00 or 1,000 square feet for construction projects, all demolition projects, and all City sponsored projects – to pay a performance security deposit upfront and submit a waste management plan detailing how the contractor will divert a minimum of 70% of

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C&D waste materials from a landfill. Deposits are calculated as either $1.00 per square foot for demolition only permits or 3% of the total project valuation for all other projects, with a required minimum of $1,000 and a maximum of $30,000.

Deposits are held until project completion and only fully refunded if all landfill diversion requirements are met.

This deposit-based system creates large upfront costs that many small businesses and homeowners are not prepared for. There are also potential delays in this current permitting process due to calculating the deposit and providing all C&D program requirements during the first round of review. This system would also prohibit the implementation of a self-certification permit, as it would require staff review time during the building permit review process.

Therefore, staff proposes amendments to address the above issues and to implement the Program by transitioning from an upfront deposit-based system to a fine-based enforcement approach. Under the proposed system, the 70% diversion requirement will remain, but staff will now assess fines at the end of the project for non-compliance. Fines will mirror the existing penalty structure, calculated as 0.3% of the total project valuation (10% of 3% of the project valuation) with a maximum $30,000.00 fine. This change will ease the burden of upfront deposits while still holding contractors responsible for meeting City waste diversion requirements.

While some jurisdictions are still requiring deposits, many are enforcing compliance through fines or citations such as the City of West Hollywood, City of Los Angeles, and the County of Los Angeles. This will allow a regional alignment to help increase consistency for contractors who work across multiple municipalities.

This change will help streamline the process for all permits by reducing the first step of project review by requiring all projects to submit a waste management plan with their building permit application, removing the financial burden of a deposit, shifting accountability to the contractor instead of small businesses and homeowners, and avoiding unnecessary administrative steps by applying fines only if rules are broken.

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➢ SMMC Section 9.21.130 – Resource Recovery and Recycling (RRR) Standards
Recent changes in State law require mandatory organics recycling, resulting in the need to accommodate three waste streams. Many existing buildings either have undersized trash enclosures or potentially none at all, creating issues with compliance. Therefore, to comply with State law, buildings with undersized or no enclosures must permanently leave their waste containers in the public right-of-way. However, buildings that leave waste containers in the public right-of-way violate local standards, pursuant to SMMC Section 5.08.170, that require all buildings to keep waste containers on private property.

Additionally, it creates an array of public health and safety problems and undesirable behaviors including: dumpster fires, scavenging, tipping over waste containers in search of recyclables, clothing items, or edible foods, pest issues caused by exposed trash, and illegal dumping.

Staff proposes amendments to the RRR standards to simplify the thresholds for when trash enclosure upgrades and review are required and to revise resource and recycling room dimension standards. The amended trash enclosure standards prioritize public health and safety as well as State environmental laws and require that bins be fully contained within an enclosure on private property with sufficient space for storage and staging, when the new proposed thresholds are triggered. These amendments are described below:
• Applicability.
o Currently, one of the applicability thresholds for when projects must comply with current RRR standards is based on an outdated permit valuation threshold. This has consistently resulted in challenges for new and existing businesses in the permitting process, particularly if there is lack of space for required upgrades to existing buildings, and leads to difficulty when the project valuation changes later on in

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the building permit process. Therefore, staff proposes to eliminate the permit valuation applicability threshold.
o Staff propose a new applicability threshold related to food and beverage uses that would trigger compliance with RRR standards and requirements as these uses produce high volumes of waste that could result in public health issues.
• Dimensional Standards. Staff proposes to eliminate the standard pertaining to “Large Residential, Nonresidential and Mixed-Use Development” that gives discretionary approval to the Director of Public Works to determine trash room dimensions, as this is not an objective standard or process. As State law requires a city to review projects with objective standards, staff proposes to minimally change dimensional standards and remove the maximum threshold to address larger projects and to provide greater transparency and objectivity to RRR standards.

Additionally, minor changes to the dimensional standards for trash enclosures are proposed in order to better align with new State law requirements pertaining to the addition of mandatory organics recycling and to prioritize public health and safety by ensure bins can fully be contained within an enclosure.

These proposed Article 9 amendments are being brought before the Council as an Interim Zoning Ordinance (IZO) to implement these revisions immediately in connection with the launch of this Program. Staff are also bringing forward a Resolution of Intention (ROI) with this staff report, as it is required to initiate the process to codify these amendments into the Zoning Ordinance.

Next Steps and Timeline
Due to the procedural requirements necessary for ordinance amendments and work already underway to launch the new Clariti permitting software, the self-certification program will become available at the end of April 2026. Leading up to the launch of this

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Program, staff will continue to develop materials and processes to ensure transparency and success of this Program, which shall include, but is not limited to the following:
• Dedicated Self-Certification Program webpage
• Specialized application (i.e. liability waiver, affidavit attesting to compliance with the Municipal Code and Program requirements, standardized language and formatting, etc.)
• Communications and outreach announcing launch of the Program Given the increased complexity of the future expansion to other permit types, as provided in Council’s direction, staff will strive for the implementation timeframes listed below. This will also allow staff time to assess the Program and adjust as needed before expansion.
• Phase 2 – Accessory Dwelling Units (ADUs): October 2026 (6 months after implementation of Phase 1)
• Phase 3 – Single-Unit Dwellings (SUDs): April 2026 (6 months after implementation of Phase 2)
Environmental Analysis
The proposed amendments to Santa Monica Municipal Code Chapter 8.108 – Subpart B and Section 9.21.130 are exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (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 amendments would not result in any adverse physical environmental effects as they encompass changes in procedures that are administrative in nature. Therefore, the amendments are exempt from CEQA and no further environmental review under CEQA is required.

Financial Impacts and Budget Actions
No immediate budget actions are necessary as a result of the creation of this Program.

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No financial impacts due to the loss of plan check fees are anticipated, as plan check fees are meant to be cost recovery-based to account for staff’s review time and staff will not be conducting review for self-certification permits. However, to facilitate this Program an administrative fee will still be collected for processing purposes and the normal inspection fees will still be assessed to recover staff time. While the City will be collecting fewer plan check fees as a result of potentially moving a volume of plan checks to self-certification building permits that have no plan check review, this Program will allow businesses to move into construction quickly and open sooner. This will contribute to the City’s economic recovery initiatives by being more business friendly and attracting more visitors to the city, all of which will help generate tax revenue.

Additionally, as staff will no longer be reviewing permits utilizing this Program, it will provide the opportunity for staff to focus on and expedite larger and more complex projects, which also has the potential of generating revenue growth for the City.

Additionally, while amendments to Article 8’s construction and demolition material waste management requirements will be moving from a fee to a fine, this will only change the timing of collection not the amount.

However, as this is only the first phase of a pilot program and staff cannot assess the number of permits that will opt-in to the self-certification process, staff will monitor the financial impacts of the program and return to Council with specific actions if necessary.

Prepared By: Ross Fehrman, Acting Planning Manager
Approved Forwarded to Council

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Attachments:

A. 2025.12.09 - RRR Article 8 Amendments_Self-Certification B. 2025.12.09 - Self-Certification IZO
C. 2025.12.09 - ROI Self-Certification
D. Written Comments

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1 City Council Meeting: December 9, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 8.108,

SUBPART B, TO REVISE THE CONSTRUCTION AND DEMOLITION PROCESS AND

ESTABLISH FINES FOR NON-COMPLIANCE
WHEREAS, on February 11, 2025, City Council directed staff to create a selfcertification pilot program allowing building permits for “non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days; and
WHEREAS, the purpose of this direction was to facilitate the City’s economic recovery and reduce the workload on plan check professionals, allowing them to focus on the more complex projects in the City that require their attention; and WHEREAS, streamlining the review process for certain projects will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, the initial stages of the Self-Certification Program will focus on commercial tenant improvements, which comprise approximately 36% of the building permits submitted to the City; and
WHEREAS, Santa Monica Municipal Code (SMMC) Chapter 8.108, Subpart B regulates construction and demolition material waste management plans for covered projects, which include all construction, demolition, and deconstruction projects that require a building permit; and

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Packet Pg. 411 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 2 WHEREAS, Construction and Demolition (C&D) waste includes materials such as concrete, asphalt, wood, metal, and drywall generated from building, renovation, and demolition projects, which accounts for 25-40% of the world’s total waste stream but is highly reusable and recyclable; and
WHEREAS, the City’s C&D waste diversion program under SMMC Chapter 8.108, requires 70% of all C&D materials to be diverted from a landfill in accordance with CalGreen Building Code requirements; and
WHEREAS, the current code applies to projects that meet certain review thresholds – $50,000.00 or 1,000 square feet for construction projects, all demolition projects, and all City sponsored projects – and requires these project applicants pay a performance security deposit upfront and submit a waste management plan detailing how the contractor will divert a minimum of 70% of C&D waste materials from a landfill; and WHEREAS, deposits are calculated as either $1.00 per square foot for demolition only permits or 3% of the total project valuation for all other projects, with a required minimum of $1,000 and a maximum of $30,000; and
WHEREAS, deposits are held until project completion and are only fully refunded if all landfill diversion requirements are met; and
WHEREAS, this deposit-based system creates large upfront costs for small businesses and homeowners and causes delays in the permitting process as staff is required to calculate the individual required deposit amounts; and WHEREAS, this deposit-based system also prohibits the implementation of a selfcertification program, as it requires staff review during the building permit review process; and

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Packet Pg. 412 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 3 WHEREAS, this Ordinance amends the deposit-based requirements to transition from an upfront deposit-based system to a fine-based enforcement approach; and WHEREAS, under the updated system, the 70% diversion requirement will remain, but staff will now assess fines at the end of the project for non-compliance; and WHEREAS, fines will mirror the existing penalty structure, calculated as 0.3% of the total project valuation (10% of 3% of the project valuation) with a maximum $30,000.00 fine; and
WHEREAS, this change will ease the burden of upfront deposits, while still holding contractors responsible for meeting City waste diversion requirements; and WHEREAS, while some jurisdictions are still requiring deposits, many are enforcing compliance through fines or citations, including, but not limited to other local jurisdictions, such as the City of West Hollywood, City of Los Angeles, and the County of Los Angeles; and
WHEREAS, the amendments in this Ordinance will allow regional alignment to help increase consistency for contractors who work across multiple municipalities; and WHEREAS, this change will also help streamline the process for all permits by reducing the first step of project review by requiring all projects to submit a waste management plan with their building permit application, removing the financial burden of a deposit, shifting accountability to the contractor instead of small businesses and homeowners, and avoiding unnecessary administrative steps by applying fines only if that applicant fails to comply with the City’s requirements; and

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Packet Pg. 413 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 4 WHEREAS, the amendments will also support local business retention and promote new business opportunities within the City, addressing the needs of the business community by simplifying requirements and streamlining review processes; and WHEREAS, while the proposed amendments are necessary for the selfcertification program, the amendments will also address long-standing issues that will benefit all permittees, facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements.

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

SECTION 1. Santa Monica Municipal Code Section is hereby amended to read as set forth in Exhibit A.

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

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

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Packet Pg. 414 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 5 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
________________________________
Heidi von Tongeln, Interim City Attorney

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Packet Pg. 415 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 6 EXHIBIT A

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Packet Pg. 416 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 7 8.108.110. Definitions.

For the purposes of Subpart B of this Chapter, the following definitions shall apply:
(a) “Class III landfill” means a landfill that accepts non-hazardous resources such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the State of California and be regulated by an Enforcement Agency. (b) “Construction and demolition material (C&D material)” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting; plastic pipe and steel. The material may be commingled with rock, soil, tree stumps; and other vegetative matter resulting from land clearing and landscaping for construction or land development projects.
(b)(c) “C&D recycling center” means a facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than ten percent of the average weight of material separated for reuse received by the facility over a one-month period. (d) “City approved facility” means any facility that has been approved by the City to accept C&D material, inert material, metal recycling, universal waste, or any other materials that may be generated during a covered project.

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Packet Pg. 417 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 8 (e) “City approved hauler” means a company that possesses a valid approval letter from the City to collect and transport solid waste from individuals or businesses for the purpose of recycling or disposal.
(f) “Construction and demolition material (C&D material)” means building materials and solid waste resulting from construction, remodeling, repair, cleanup, demolition, or deconstruction operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. C&D material may not be commingled with inert or organic materials resulting from land clearing and landscaping for construction or land development projects.
(g)(d) “City-sponsored project” means a project constructed by the City or a project receiving fifty percent or more of its financing from the City. (h)(e) “Conversion rate” means the rate set forth in the standardized conversion rate table approved by the City pursuant to this Chapter for use in estimating the volume or weight of materials identified in the waste management plan. (i)(f) “Covered project” shall have the meaning set forth in Section 8.108.120. (j) “Deconstruction” means the process of carefully dismantling a structure, piece-bypiece, prior to or instead of conventional demolition, to maximize the recovery of building materials for reuse.

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Packet Pg. 418 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 9 (k) “Demolition” means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building (wall, fence) whether in whole or in part, whether interior or exterior as further defined in Section 9.25.030. (l)(g) “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.
(m)(h) “Diversion requirement” means the diversion of at least seventy percent of the total construction and demolition material generated by a project via reuse or recycling, unless the applicant has been granted an exemption pursuant to Section 8.108.170, in which case the diversion requirement shall be the maximum feasible diversion rate established by the waste management plan Compliance Official in relation to the project. (n) “Inert materials” means only rock, concrete, brick, sand, soil, ceramics, and cured asphalt.
(o) “Organic material” means any vegetative material resulting from land clearing or landscaping for construction or land development projects. (p)(i) “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the City.
(q)(j) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste.
(r)(k) “Reuse” means the use, in the same or similar form as it was produced, of a material which might otherwise be discarded.

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Packet Pg. 419 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 10 (s)(l) “Separated for reuse” means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused,; or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes source separated materials.
(t)(m) “Solid waste” as per Public Resources Code Section 40191 means all putrescible and non- putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse,; paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid waste" does not include any of the following wastes:
(1) Hazardous waste, as defined in PRC Section 40141;
(2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code);
(3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).
(u)(n) “Source separated materials" means materials that are sorted at the site of generation by individual material type including commingled recyclable materials for the

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Packet Pg. 420 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 11 purpose of recycling; i.e., loads of concrete that are source-separated for delivery to a recycling facility.
(v) “Universal waste” means hazardous waste that is identified as universal waste in section 66273.9 of Title 22 of the California Code of Regulations and is not fully regulated as hazardous waste in accordance with chapter 6.5 of Division 20 of the California Health and Safety Code. Examples of universal waste include, but are not limited to, electronic devices, batteries, fluorescent lamps, mercury thermostats, and other mercury containing equipment.
(o) “Waste hauler” means a company that possesses a valid permit from the City of Santa Monica to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal under the City of Santa Monica's name. (w)(p) “Waste management plan (WMP)” means a completed waste management plan form, approved by the City for the purpose of compliance with this Chapter, submitted by the applicant for any covered or non-covered project requiring a building permit. (x)(q) “Waste management plan compliance official” means the City staff tasked with enforcement of this Subpart.

8.108.120. Threshold for Ccovered projects.
(a) Private Projects. All construction, and demolition, and deconstruction projects requiring a building permit shall be considered covered projects. the total costs of which are, or are projected to be, fifty thousand dollars or greater, or are one thousand square feet or greater, and all demolition-only projects shall be considered covered projects.

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Packet Pg. 421 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 12 (b) City-Sponsored Projects. All City-sponsored construction, demolition and renovation projects shall be subject to this Chapter, and consequently, shall be considered covered projects.

8.108.130. Submission of a waste management plan.
(a) WMP Forms. Applicants for construction or demolition permits involving a covered project shall complete and submit a waste management plan (WMP), on a WMP form approved by the City for this purpose, as part of the application packet for the construction or demolition permit. The completed WMP shall indicate all of the following:
(1) The estimated volume or weight of the project C&D material, by material type, to be generated;
(2) The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
(3) The vendor or facility where the applicant proposes to use to collect or receive that material;
(4) The estimated volume or weight of C&D materials that will be landfilled in Class III landfills and inert disposal facilities; and
(5) A commitment that only City permitted waste haulers would be used. (b) Calculating Volume and Weight of Material. In estimating the volume or weight of materials identified in the WMP, the applicant shall use the conversion rates approved by the City for this purpose.

8.108.140. Performance security. [Reserved].

The project applicant shall submit a performance security with the WMP. For construction and demolition projects, the amount of the performance security shall be

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Packet Pg. 422 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 13 calculated as the lesser of three percent of total project cost or thirty thousand dollars.

For demolition-only projects, the amount of the performance security shall be calculated at the rate of one dollar per square foot with a one thousand dollar minimum and thirty thousand dollar maximum performance security required.
§ 8.108.150. Review Submission of a WMP.

Requirements Approval. Notwithstanding any other provisions of this Code, no building or demolition permit shall be issued for any covered project unless and until the WMP has been submitted and approved. Compliance Official has reviewed and approved the WMP.

Approval shall not be required, however, where an emergency demolition is required to protect public health or safety. The WMP must contain the following elements: Compliance Official shall only approve a WMP if he or she first determines that all of the following conditions have been met:
(1) The WMP provides aAll of the information set forth in Section 8.108.130. (2) The WMP indicates that Explanation of how at least seventy percent of all C&D material, one hundred percent of inert materials, one hundred percent of organic materials, and all universal waste generated by the project will be diverted through source separation or an exemption has been approved pursuant to Section 8.108.170. (3) The applicant has submitted an appropriate performance security in compliance with Section 8.108.140.

8.108.160. Compliance with WMP.
(a) Documentation. Within thirty days after the completion of any covered project Prior to applying for final inspection on the project, the applicant shall submit to the WMP Compliance Official the following documentation showing that it has met the diversion

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Packet Pg. 423 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 14 requirement for the project: The applicant shall provide a summary of efforts used to meet the diversion requirement and also provide the following documentation:
(1) Receipts Weight tickets from the City approved vendor or facility which collected or received each material showing the actual weight or volume of that material; (2) Weight slips/count of material salvaged or reused in current project; (3) A copy of the previously approved WMP for the project adding the actual volume or weight of each material diverted and landfilled; (4)(3) Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this Chapter.
(b) Weighing of Wastes. Applicants shall ensure that all C&D material diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D material shall be weighted by measurement on scales. Such scales shall be in compliance with all State and County regulatory requirements for accuracy and maintenance. For C&D material for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements by weight, the applicant shall use the standardized conversion rates in a format approved by the City for this purpose. (c) Determination of Compliance and Penalties. Release of Performance Security. The WMP Compliance Official shall review the information submitted under subsection (a) of this Section to determine whether the applicant has complied with the diversion requirement as follows:
(1) Full Compliance. If the WMP Compliance Official determines that the applicant has fully complied with the seventy percent diversion and all other sections or

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Packet Pg. 424 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 15 provisions of this Chapter requirement applicable to the project, they he or she shall remove the hold on the building permit’s final inspection with no penalty.cause the full performance security to be released to the applicant.
(2) Failure to Comply. If the WMP Compliance Official determines that the seventy percent diversion requirement, and/or any other applicable provision of this Chapter, has not been met, a fine not exceeding three percent of the total project valuation, with a minimum of five hundred dollars, and a maximum of thirty thousand dollars, shall be assessed pursuant to subdivisions (A) and (B) below, and in accordance with Chapter 1.09.Once the fine has been paid in full, the hold on the building permit’s final inspection shall be removed. he or she shall return only that portion of the performance security equivalent to the portion of C&D material actually diverted compared to the portion that should have been diverted according to the WMP. Any portion of the performance security not released to the applicant shall be forfeited to the City, and shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center. If the WMP Compliance Official determines that the applicant has fully failed to comply with the diversion requirement or if the applicant fails to submit the documentation required by subsection (a) of this Section within the required time period, then the entire performance security shall be forfeited to the City. All forfeited performance securities shall be used to recover costs associated with sorting mixed C&D loads at the City recycling center. (A). Fine Categories. Failure to comply with any of the following may result in a fine calculated as set forth in subdivision (B) of this section:
(i.) Any project completed without an approved WMP as defined in section 8.108.110

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Packet Pg. 425 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 16 (ii) The use of a non-City approved hauler as defined in section

8.108.110
(iii) The use of a non-City approved facility as defined in section

8.108.110
(iv) Weight tickets dated prior to the WMP approval date (v) Failure to meet the required diversion rate as defined in section 8.108.110
(vi) Altered or fraudulent weight tickets as determined by the WMP Compliance Official
(B). Fine Amounts.
(i) Fines in subdivision (A)(i), (A)(ii), (A)(iii), and (A)(iv) of this section shall be assessed as ten percent of the maximum fine or five hundred dollars, whichever is greater.
(ii) Failure to meet the required diversion rate as noted in subsection (A)(v) shall result in a prorated fine based on the amount of waste diverted and is calculated as follows: (3% of project valuation) – ((Achieved diversion rate/Required diversion rate) * (3% of project valuation)).
(iii) Any projects that are found to have altered or fraudulent weight tickets as noted in subsection (A)(vi) are subject to the maximum fine not exceeding three percent of the total project valuation with a maximum of thirty thousand dollars.

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Packet Pg. 426 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 17 Table 8.108.160: Range of Fines
Project Valuation Minimum penalty Maximum penalty
$10,000.00 $500.00 $500.00
$100,000.00 $500.00 $3,000.00
$1,000,000.00+ $3,000.00 $30,000.00

8.108.170. Exemption.
(a) Application. If an applicant believes it is infeasible to comply with the diversion requirements of this Chapter due to the circumstances delineated in this Section, the applicant may apply for an exemption at the time that they he or she submits the required WMP. Exemptions may be granted based on the following considerations:
(1) Lack of storage space on-site;
(2) Contamination by hazardous substances;
(3) Low recyclability of specific materials.

The applicant shall indicate on the WMP the maximum rate of diversion they he or she believes is feasible for each material and the specific circumstances that they he or she believes make it infeasible to comply with the diversion requirement. (b) Granting of Exemption. If the WMP Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, they he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. (c) Denial of Exemption. Upon a denial by the WMP Compliance Official, the applicant shall have thirty days to resubmit a WMP form in full compliance with Section

8.108.130. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 8.108.130, the WMP Compliance Official shall deny the WMP.

8.108.180. Appeal.

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Packet Pg. 427 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 18 The applicant or any interested person may appeal to a Hearing Officer Examiner from any ruling of the WMP Compliance Official made pursuant to this Chapter in accordance with Section 6.16.030. Notice of any appeal from the ruling of the WMP Compliance Official must be filed within ten days of the date that such ruling is made.

8.108.190. Enforcement.
(a) The City Attorney may enforce the provisions of this Subpart by means of a civil action.
(b) Any person who violates any provision of this Subpart shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(c) Nonexclusive Remedies and Penalties. The remedies provided in this Subpart are not exclusive, and nothing in this Subpart shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (d) It shall not be a defense to the assessment of any penalty or to any other civil or administrative enforcement action provided for under this Section for a person to assert that any violation of this Subpart was caused by the actions of a person other than the person assessed except if the violation was caused by the criminal or negligent action of a person who was not an agent, servant, employee or family member of the person. (e) Any penalty collected hereunder shall be deposited in the Resource Recovery and Recycling Refuse Fund to be used as reimbursement for the Public Works Department's costs and expenses of administration and enforcement of this Chapter.

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Packet Pg. 428 Attachment: 2025.12.09 - RRR Article 8 Amendments_Self-Certification (7343 : Self-Certification Pilot Program) 1 City Council Meeting: December 9, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

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

SANTA MONICA UPDATING APPLICABILITY THRESHOLDS AND STANDARDS FOR

RESOURCE AND RECYCLING ROOM DIMENSIONS SET FORTH IN SANTA MONICA MUNICIPAL CODE SECTION 9.21.130 IN ORDER TO FURTHER

ECONOMIC RECOVERY EFFORTS BY FACILITATING A SELF-CERTIFICATION

BUILDING PERMIT PROGRAM
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, nail salons, and massage parlors; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and

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Packet Pg. 429 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 2 WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and
WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy, and various locations are continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of business uses; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and

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Packet Pg. 430 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 3 WHEREAS, in connection with the City’s economic recovery efforts, on February 11, 2025, City Council directed staff to create a self-certification pilot program allowing building permits for “non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days; and WHEREAS, the purpose of this direction is to facilitate the City’s economic recovery and reduce the workload on plan check professionals, allowing staff to focus on the more complex projects in the City that require their attention; and WHEREAS, the self-certification program will fully remove plan check review for certain identified project times and shift the responsibility for determining compliance with all codes to a pre-qualified licensed architect, who would certify that projects comply with requirements of the Building Code, Fire Code, Zoning Ordinance, and Public Works, including Resource Recovery and Recycling (RRR), Office of Sustainability and Environment, and Water Resources; and
WHEREAS, streamlining the review process for certain projects will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, the initial stages of the self-certification program will focus on commercial tenant improvements, which comprise approximately 36% of the building permits submitted to the City; and
WHEREAS, Santa Monica Municipal Code Section 9.21.130 provides RRR Standards in connection with General Site Regulations; and

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Packet Pg. 431 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 4 WHEREAS, the proposed amendments to the RRR standards simplify the thresholds for when trash enclosure updates and review are required and revise implementation of resources and recycling room dimensions; and WHEREAS, one of the current applicability thresholds is based on outdated permit valuation standards and cumulative alterations made over the course of a twelve-month period; and
WHEREAS, these thresholds have consistently presented constraints to new businesses, and amendments to these requirements are required to facilitate an effective self-certification program; and
WHEREAS, the amendments will also address long-standing issues that will benefit all permittees, facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements; and
WHEREAS, the amendment will also eliminate the standard pertaining to “Large Residential, Nonresidential and Mixed-Use Development” that gives discretionary approval to the Director of Public Works to determine trash room dimensions, as this is not an objective standard or process; and
WHEREAS, removing this language provides greater transparency and objectivity to trash enclosure standards; and
WHEREAS, City Council finds and declares that there exists a current and immediate threat to public health, safety, and welfare continues to exist due to the devastating impact the COVID-19 mandated closures and limitations have had on the local business economy along with the City’s current usage of outdated permit valuation

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Packet Pg. 432 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 5 thresholds for determining when trash enclosure dimensions review is required, such that requiring applicants to comply with these RRR requirements would result in a threat to public health, safety, and welfare.

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

SECTION 1. Santa Monica Municipal Code Section 9.21.130 is hereby amended as follows:

Section 9.21.130. Resource Recovery and Recycling Standards.

A. Applicability. All uses shall provide refuse and recycling storage and staging areas that comply with the standards of this Section. Refuse and recycling rooms meeting the standards of subsection (C) shall be provided in conjunction with:

1. New construction for which a building permit is required.

2. Improvements affecting refuse and recycling areas of publicly owned facilities.

3. Additions that Alterations of which the sum total of all improvements within a twelve month period either adds 30% or more to the existing floor area or the aggregate permit valuation as determined by CPI.

4. Eating and Drinking Establishments, as defined in Section 9.51.030(B)(8), and Food and Beverage Sales, as defined in Section 9.51.030(B)(10).

B. General Requirements. Each parcel containing a building or structure shall provide and maintain one or more refuse containers and recycling containers on the premises.

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Packet Pg. 433 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 6 1. Containers shall be of sufficient capacity and number to accommodate the refuse and recyclable materials generated by the uses on the parcel, in compliance with guidelines established by the Public Works Department. An adequate number of bins or containers to allow for the collection and loading of refuse and recyclable materials shall be located within the refuse and recycling rooms or outdoor enclosures.

2. All outdoor storage of refuse, recyclable materials, and other items or material intended to be discarded or collected shall be screened from public view. On parcels where refuse and recyclable materials are both stored and collected adjacent to an alley or other public right-of-way, the refuse and recyclable materials shall be screened from public view on at least 3 sides by a solid opaque impact-resistant wall not less than 5 feet or more than 8 feet in height, and on the fourth side by a solid opaque impactresistant gate not less than 5 feet or more than 8 feet in height, or of other such material or design approved by the Architectural Review Board. The gate shall be maintained in working order and shall remain closed except during such times as refuse, recyclable materials and other such items are being discarded, placed for collection, or collected.

3. All refuse and recyclable materials which are stored and collected from the same location out of doors shall be stored not more than 10 feet from the parcel line which is closest to the refuse collection point. If the collection area is more than 20 feet from the collection point, a staging area within 10 feet of the collection point is necessary.

4. Refuse and recycling rooms or outdoor enclosures shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials, and must provide protection against

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Packet Pg. 434 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 7 adverse environmental conditions which may render the collected materials unmarketable.

C. Refuse and Recycling Rooms. A refuse and recycling room or outdoor enclosure shall comply with all the requirements of the Zoning District in which it is located as well as the following minimum design standards:

1. Single Unit and Duplex Residences. Single Unit Residences and Duplexes shall include a designated area to store refuse, recycling, and organic materials screened from public view or a designated area in a garage or accessory structure.

2. Residential Multiple-Unit Development. Developments consisting of 3 or more dwelling units shall include a refuse and recycling room meeting the minimum dimensions stated in Table 9.21.130.A below, or shall provide an equivalent space within an outdoor enclosure that conforms to the same dimensions stated in the table.

TABLE 9.21.130.A: MINIMUM RESOURCE AND RECYCLING ROOM DIMENSIONS – RESIDENTIAL MULTI-UNIT DEVELOPMENT
Number of
Residential Units
Minimum Room Dimensions
Width (ft.) Length (ft.) Height (ft.)
3 – 10 units 2122 ft. 7.510 ft. 10 ft. (1)
11 – 20 units 2122 ft. 14 ft. 10 ft. (1)
21 40 units or
greater
28 ft. 20 ft. 10 ft. (1)
(1) An outdoor enclosure must have walls at least 6 ft. in height and an opening at least 8 ft. wide.

3. Nonresidential and Mixed-Use Development.

12.A.b
Packet Pg. 435 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 8 a. Nonresidential and mixed-use developments shall include a refuse and recycling room meeting the minimum dimensions stated in Table 9.21.130.B below, or shall provide an equivalent space available in a centralized area or an outdoor enclosure with the same width and length dimensions, and a minimum height of 6 feet, and an opening at least 8 feet wide.
b. Refuse and recycling rooms or outdoor enclosures shall be at the same grade as and adjacent to an existing alley, if the site is adjacent to an alley. c. The 3 interior walls of refuse and recycling indoor and outdoor enclosures shall include a 2 inch by 16 inch wall guard covering the length of all interior walls in existing properties, or a curb 6 inches in depth by 8 inches tall for remodels and new construction.
d. Nonresidential buildings and buildings that prepare process and/or sell any and all food products must have a fully-enclosed refuse, and recycling and food waste area with lighting, ventilation, and sanitary drains. Size and dimensions shall conform to the required design standards outlined in this Chapter.

TABLE 9.21.130.B: MINIMUM RESOURCE AND RECYCLING ROOM DIMENSIONS – NONRESIDENTIAL DEVELOPMENT AND MIXED-USE
Aggregate Floor
Area
Minimum Room Dimensions
Width (ft.) Length (ft.) Height (ft.)
Less than 5,000 sq.
ft.
2122 ft. 7.510 ft. 10 ft.
5,001 – 20,000 sq.
ft.
2122 ft. 14 ft. 10 ft.

12.A.b
Packet Pg. 436 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 9 20,001 sq. ft. -
40,000 sq. or
greater
28 ft. 20 ft. 10 t.

4. Large Residential, Nonresidential and Mixed-Use Development. Any development, whether residential, nonresidential, or mixed-use with more than 40 residential units, or with more than 40,000 square feet of floor area shall be reviewed by the Director of Public Works, who shall require the design and placement of a refuse and recycling room or outdoor enclosure consistent with the purpose of this Section to provide adequate and accessible areas for the storage and collection of refuse and recyclable materials.

5.4. Subterranean Storage. Buildings or structures in which refuse and recyclable materials are stored in otherwise locked and secured subterranean garages may be permitted to designate a fenced area for the storage of refuse and recyclable materials in compliance with specifications as to location and materials established by the Director of Public Works.

D. Modifications. The Director of Public Works, in consultation with the Director of Planning, shall have the authority to modify the requirements, as listed below, subject to the design standards of this Section when, upon a written application for a modification, the Director of Public Works determines that the applicant has demonstrated that imposition of the design standards is technically infeasible or creates an unreasonable hardship. Such authority shall be limited to the following:

12.A.b
Packet Pg. 437 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 10 1. Modify the dimensions of refuse and recycling rooms or outdoor enclosures, provided that the frequency of refuse collection is modified to adequately serve the uses on the parcel and protect the public health, safety and general welfare.

2. Permit more than one recycling room or outdoor enclosure, provided the aggregate area is in substantial compliance with the design standards of this Section as determined by the Director of Public Works, and provided that each room or outdoor enclosure furnishes convenient access for disposal and collection of both refuse and recyclable materials. Refuse containers located adjacent to alleys should remain open to the alley. Refuse enclosures in subterranean parking areas should have a door of equal size with door-stops attached or a follow-up door and provide adequate lighting, ventilation and sanitary drains. If the refuse enclosure is located in a subterranean parking area or remote locations, a City-approved staging area on private property at the alley or street level must be provided. In the event that the location of the refuse and recyclable room or outdoor enclosure is not convenient for collection, the Director of Public Works shall be authorized to require payment of a fee, established by resolution of the City Council, for collection of the refuse and recyclable materials. In no event shall a fee be authorized in lieu of providing a refuse and recycling room or outdoor enclosure.

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

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

12.A.b
Packet Pg. 438 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 11 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

SECTION 5. This Ordinance shall be of no further force and effect sixty days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).

APPROVED AS TO FORM:
________________________________
Heidi von Tongeln, Interim City Attorney

12.A.b
Packet Pg. 439 Attachment: 2025.12.09 - Self-Certification IZO (7343 : Self-Certification Pilot Program) 1 City Council Meeting: December 9, 2025 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

DIRECTING THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO THE

TEXT OF THE ZONING ORDINANCE TO UPDATE APPLICABILITY THRESHOLDS

AND STANDARDS FOR RESOURCE AND RECYCLING ROOM DIMENSIONS IN

ORDER TO FURTHER ECONOMIC RECOVERY EFFORTS BY FACILITATING A

SELF-CERTIFICATION BUILDING PERMIT PROGRAM
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, nail salons, and massage parlors; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay

12.A.c
Packet Pg. 440 Attachment: 2025.12.09 - ROI Self-Certification (7343 : Self-Certification Pilot Program) 2 home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on multiple occasions, amended and modified its Health Officer Order, recognizing the issues posed by community transmission of COVID-19 in Los Angeles County, and, in response, maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19 emergency declarations have concluded; and
WHEREAS, although the emergency orders have been lifted, the economic impacts of the COVID-19 closures of, and limitations on, businesses have been and continue to be devastating to the local Santa Monica economy, and various locations are continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, the City’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of business uses; and

12.A.c
Packet Pg. 441 Attachment: 2025.12.09 - ROI Self-Certification (7343 : Self-Certification Pilot Program) 3 WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, in connection with the City’s economic recovery efforts, on February 11, 2025, City Council directed staff to create a self-certification pilot program allowing building permits for “non-structural commercial tenant improvements, single-family home improvements, and accessory dwelling units” to bypass the normal plan review process and receive approval within one to five business days; and WHEREAS, the purpose of this direction is to facilitate the City’s economic recovery and reduce the workload on plan check professionals, allowing staff to focus on the more complex projects in the City that require their attention; and WHEREAS, the self-certification program will fully remove plan check review for certain identified project times and shift the responsibility for determining compliance with all codes to a pre-qualified licensed architect, who would certify that projects comply with requirements of the Building Code, Fire Code, Zoning Ordinance, and Public Works, including Resources, Recovery, and Recycling (RRR), Office of Sustainability and Environment, ad Water Resources; and
WHEREAS, streamlining the review process for certain projects will facilitate business recovery and generate increased sales tax revenue for the City; and WHEREAS, the initial stages of the Self-Certification Program will focus on commercial tenant improvements, which comprise approximately 36% of the building permits submitted to the City; and

12.A.c
Packet Pg. 442 Attachment: 2025.12.09 - ROI Self-Certification (7343 : Self-Certification Pilot Program) 4 WHEREAS, Santa Monica Municipal Code Section 9.21.130 provides Resource Recovery and Recycling (RRR) Standards in connection with General Site Regulations; and
WHEREAS, the proposed amendments to the RRR standards simplify the thresholds for when trash enclosure updates and review are required and otherwise revise implementation of resources and recycling room dimensions; and WHEREAS, one of the current applicability thresholds is based on outdated permit valuation standards and cumulative alterations made over the course of a twelve-month period; and
WHEREAS, these thresholds have consistently presented constraints to new businesses and amendments to these requirements are required to facilitate an effective Self-Certification Program and allow for additional economic recovery; and WHEREAS, the amendments will also address long-standing issues that will benefit all permittees, facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements; and
WHEREAS, the amendment will also eliminate the standard pertaining to “Large Residential, Nonresidential and Mixed-Use Development” that gives discretionary approval to the Director of Public Works to determine trash room dimensions, as this is not an objective standard or process; and
WHEREAS, removing this language provides greater transparency and objectivity to trash enclosure standards; and

12.A.c
Packet Pg. 443 Attachment: 2025.12.09 - ROI Self-Certification (7343 : Self-Certification Pilot Program) 5 WHEREAS, additional amendments may be required to SMMC Section 9.21.130 in order to update other RRR standards and processes and to facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements; and WHEREAS, City Council now wishes to direct the Planning Commission to initiate an amendment to the text of the City’s Zoning Ordinance related to RRR Standards.

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

SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.030(A), the City Council does hereby direct the Planning Commission to consider amending the text of the Zoning Ordinance to: (1) simplify the thresholds for when trash enclosure updates and review are required and revise implementation of resources and recycling room dimensions; (2) remove standards pertaining to “Large Residential, Nonresidential and Mixed-Use Development” that gives discretionary approval to the Director of Public Works to determine trash room dimensions; and (3) make other necessary updates to facilitate the City’s economic recovery, streamline the building permit process for a variety of projects, and provide more transparency with respect to permit requirements.

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

APPROVED AS TO FORM:
_________________________
HEIDI VON TONGLEN, Interim City Attorney

12.A.c
Packet Pg. 444 Attachment: 2025.12.09 - ROI Self-Certification (7343 : Self-Certification Pilot Program) 1 David Yakobson
From: Alan Cook <[email protected]>
Sent: Tuesday, September 9, 2025 9:37 AM
To: councilmtgitems
Subject: Self Certification
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Good Evening City Council and Constituents of Santa Monica, I would like to open with the statement that there is a place for self certification of specific projects within jurisdictions. It can be properly inspected for code compliance, it can be time saving for all parties, and provide cost saving benefits.

Unfortunately, it can create more time consuming and expensive problems during the actual construction process and it could result in litigation. There are future risks with insurance acquisition and future liability litigation possibilities on the horizon.

Currently the development and construction industry does not have the proper foundation to support self certification processes(insurance vehicles for Engineering, Architecture, Construction,etc). It does not have proper training for Building Officials and inspectors. To few jurisdictions have attempted implementation of the process so there is little solid data that is trustworthy. But it does have a place in our current development environment.

I do not know the how and why Santa Monica City Council it’s considering self certification. I do not know how they are defining and implementing it within the city departments. I do not know enough about the city, its constituents, or its development goals to provide specific helpful insight. I can only state that I oversee a successful self certification program and have modified it to meet the jurisdiction’s needs.

I can only assume the City Council and Staff has done all the homework and turned over every stone before implementing a self certification program. If not, I recommend this item be tabled to continue investigating.

Thank you for your time,
Alan Cook, CBO
Get Outlook for iOS
Item 11-B
September 9, 2025
Item 11-B
September 9, 2025

12.A.d
Packet Pg. 445 Attachment: Written Comments (7343 : Self-Certification Pilot Program) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Appointment to one scheduled vacancy on the Transient Occupancy Tax Advisory Committee for a term ending on June 30, 2027 (Continued from 11/18/2025)
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List

16.A
Packet Pg. 446
City of Santa Monica
Boards and Commissions Applicants
Transient Occupancy Advisory Committee
Name Application Date
Ginsburg, Scott A. 11/07/2025
TOTAL APPLICANTS: 1

16.A.a
Packet Pg. 447 Attachment: Applicant List (7420 : 16.A Appointment to one seat on the Transient Occupancy Tax Advisory Committee (5 mins.)) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2029
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Applicant List

16.B
Packet Pg. 448
City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
Helms, William S. 09/30/2025
Levy, Helayne S. 10/20/2025
Muntaner, Zoë 05/27/2025
Squire, Paul J. 03/10/2025
VerSteeg, Patricia A. 07/29/2025
TOTAL APPLICANTS: 5

16.B.a
Packet Pg. 449 Attachment: Applicant List [Revision 1] (7366 : 16.B Appointment to the Disabilities Commission (1 Mins.)) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Recommendation to accept Dolores Sloan's resignation from the Landmarks Commission
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Resignation Email

16.C
Packet Pg. 450
1 From: Dolores Sloan <[email protected]>
Sent: Friday, November 14, 2025 2:47 PM
To: Stephanie Reich <[email protected]>
Cc: Jing Yeo <[email protected]>; Caroline Yeh <[email protected]> Subject: Notice of Resignation
Dear Stephanie,
I am resigning my position as Landmarks Commissioner effective today, as I am moving out of state later this month.

It has been an honor to serve with fellow commissioners and staff to preserve the sites, buildings, places and often sacred memories significant to the history of Santa Monica and am grateful for the privilege of doing so. Please pass along my good wishes to the commissionerrs.

I hope that I'll be seeing some of you when you venture north and the path takes you through Portland. Wishing good health and great meetings and service to all, Dolly
Dolores Sloan
Landmarks Commissioner
City of Santa Monica
Past Chair
Member of Subcommittees:

Public Education and Media Outreach
Ordinance Revision
Social Justice//Equity in Historic Preservation

16.C.a
Packet Pg. 451 Attachment: Resignation Email (7413 : 16.C. Recommendation to accept Dolores Sloan's resignation (1 Min)) City Council
Report
City Council Meeting: December 9, 2025
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Request of Mayor Negrete that the City Council consider directing the City Manager on Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing
Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council
Attachments:

A. Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing

16.D
Packet Pg. 452
Memo
1 To: Oliver Chi, City Manager
From: Lana Negrete, Mayor
Date: December 1, 2025
Re: A Request that the City Council Consider Directing the City Manager on Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing
On October 28, 2025, the City Council adopted new guidelines that I introduced which were aimed at improving transparency and community notification procedures related to proposed transitional housing, supportive housing, and behavioral-health programs located in Santa Monica. These new regulations were designed to ensure that when these types of projects are formally proposed, our community and the public have clear information about the planned initiatives, along with adequate time for a thorough review of ways to mitigate potential neighborhood impacts.

After these guidelines were adopted, the City confronted an unusual situation last week just prior to the Thanksgiving holiday break. An unpermitted sober-living / addiction recovery-related business began operating at 413 Ocean Avenue. Upon inspection, City staff discovered that:
• Up to 58 individuals had been moved into the building without permits, without a business license, and without a certificate of occupancy.
• Significant unpermitted construction work had been completed in the building, including bathroom remodels, electrical installations, HVAC units, and other improvements. • Based on the illegal operation, it was identified that the building’s electrical systems could be overloaded, creating unsafe habitability conditions. • The operator refused inspection access until pressed, and the facility appeared to be associated with multiple LLCs and operators that were not disclosed to the City.

Given that Santa Monica currently maintains strong standards for building safety, habitability, and property registration, staff was able to act quickly by using existing regulatory authority to effectuate the following:
• Issued Notices of Violation and administrative citations. • Conducted a multi-department inspection program for the site. • Issued an Order to Vacate the building due to unsafe conditions. • Issued a formal Habitability Determination, which triggered relocation benefits for those residents who were moved into the facility.

16.D.a
Packet Pg. 453 Attachment: Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing (7443 : Ensuring Memo
2 Ultimately, the City’s actions resulted in the sober living facility operator shutting down their unpermitted operation and relocating the individuals who were moved into the property.

These tools were essential and effective for addressing an unsafe situation that was already underway. They ensured that vulnerable individuals were removed from harm and that the City could enforce basic safety, occupancy, and building requirements.

However, while the City was able to shut down the illicit activity at 413 Ocean – demonstrating an ability to effectively respond to such incidents – the situation also revealed that our current tools in Santa Monica are not designed to prevent this type of situation from happening again. Among the issues that exist for which a policy response is needed include the following facts:
• Our existing enforcement tools are reactive, not preventive. • The City had no mechanism to identify the operator, funding source, or intended use before residents were moved in.
• There is no local registration or disclosure requirement for sober-living or recovery housing operations, allowing operators to begin activities under complex LLC structures without notice.
• There is no requirement for operators claiming licensing exemptions to demonstrate how those exemptions apply.
• There are limited tools to prevent rapid, unannounced occupancy of multifamily buildings, particularly buildings in transition, redevelopment, or entitlement review. • Santa Monica lacks an early-warning, interdepartmental process specific to sober-living / recovery housing operations.

These gaps are now even more concerning because the City has also identified that a similar type of sober-living / addiction recovery operation may be contemplated at 825 Ocean Avenue, creating the risk of repeated patterns of unregulated occupancy along the Ocean corridor.

To address issues related to sober-living / congregate recovery housing operations, municipal entities across California have implanted neutral, health-and-safety-focused regulations that serve to achieve the following outcomes:
• Require registration of group homes and sober-living operations. • Mandate operator and ownership disclosure.
• impose objective safety and occupancy standards.

16.D.a
Packet Pg. 454 Attachment: Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing (7443 : Ensuring Memo
3 • Require inspection access.
• Establish spacing standards to prevent over-concentration of sober-living type facilities in neighborhoods.
• Creating clear good-neighbor and operations requirements.

When developed carefully and applied neutrally, these regulations have been supported by the courts – including the Ninth Circuit – as legitimate ways to protect residents with disabilities and neighborhoods.

In thinking about the sober-living facility related issues at 413 Ocean, and in an attempt to build on the City Council’s October 28 policy direction, I respectfully request that the City Council support my request to direct that the City develop a legally compliant, preventive regulatory framework for sober living-type facilities that will allow Santa Monica to:
• Protect vulnerable residents from unsafe conditions.
• Ensure operators are transparent and accountable.
• Provide staff with clear authority before unsafe occupancy begins. • Maintain compliance with State housing and disability law.

To that end, I am requesting that the City Council vote to direct that the City Manager to return to Council within 90 days with policy options for regulating sober-living, recovery-housing, and other congregate living arrangements serving high-vulnerability populations, including but not limited to the following concepts:

1. Land-Use Clarification & Classification – Establish clear definitions and land-use classifications for sober-living homes, recovery housing, congregate living facilities, and similar uses, including thresholds that distinguish these uses from ordinary residential occupancy.

2. Local Registration & Operator / Ownership Disclosure – Require registration of soberliving and recovery facilities and mandate disclosure of operators, beneficial owners, LLCs, property managers, and any controlling entities.

3. Licensing / Exemption Documentation – Require operators to provide State or County licensing documentation – or justification for licensing exemptions – before operations begin.

16.D.a
Packet Pg. 455 Attachment: Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing (7443 : Ensuring Memo
4 4. Safety, Occupancy, and Operational Standards – Establish objective standards related to maximum occupancy, room configuration, staffing, emergency protocols, house manager requirements, good-neighbor policies, and program operations.

5. Inspection Access & Enforcement Tools – Require inspection access as a condition of operation, and strengthen enforcement consequences when operators deny access, violate occupancy rules, or initiate operations without proper approvals.

6. Continuity-of-Care & Relocation Planning – Require relocation and continuity-of-care plans when sober-living or recovery facilities operate in buildings undergoing ownership changes, redevelopment, or major entitlement applications.

7. Interdepartmental Review Protocol – Establish a proactive early-identification protocol across City operations, including the City Manager’s Office, Police Department, Fire Department, Housing & Human Services Department, Building & Safety Division, Code Enforcement Division, and the City Attorney’s Office.

8. Community Notification & Transparency – Evaluate neutral, early community notification for registered sober-living facilities above a certain size or intensity.

9. Legal Review – Ensure all proposed regulations comply with State housing law, fair housing requirements, ADA obligations, and the California HCD Group Home Technical Advisory.

10. Implementation Timeline – Return to Council with draft regulatory measures, staffing, fiscal impacts, and an implementation plan within 90 days.

Please place this item on the December 9 agenda for full City Council consideration.

16.D.a
Packet Pg. 456 Attachment: Ensuring Accountability, Safety, and Transparency for Sober Living and Congregate Recovery Housing (7443 : Ensuring