Agenda packet, first session — Santa Monica City Council, February 10, 2026 (part 2 of 2)

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Packet Pg. 313 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 5 protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 314 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 6 dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,

6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 315 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 7 Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 316 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 8 WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 317 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 9 allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 318 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 10 to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, on October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to extend the provisions of Section 5 of the Second Supplement to December 31, 2025; and WHEREAS, on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order; and WHEREAS, on December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 319 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 11 WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, after an initial higher volume of requests for Tier 1 priority due to impacts from the regional fires on the City's Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist, requests have dropped significantly in recent months, with only one request for Tier 1 priority submitted to the Housing Division from October 1 through October 22, 2025, evidencing demand for the preference has largely subsided; and
WHEREAS, the 6-month period of Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist that was granted under the Second Revised Executive Order to eligible persons impacted by the Regional Fires has Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 320 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 12 expired for initial persons that were awarded the priority and will expire soon for others; and
WHEREAS, as the Emergency Housing Voucher (EHV) program sunsets and federal funding winds down, it is vital for the Housing Authority to focus its limited voucher program staff capacity on maintaining housing stability for current voucher program participants, particularly those transitioning from the EHV program into the Section 8 Housing Choice Voucher program to prevent displacement and homelessness; and WHEREAS, in adopting SMMC Chapter 6.22 on September 9, 2020, the City Council found and declared that “the City’s rental housing stock should, to the extent possible, be preserved for use as long-term permanent housing”; and WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.22, Residential Leasing Requirements, as to persons who rent to persons displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded housing opportunities for displaced persons in need of medium-term and furnished housing who were unable to return to their homes for months after the fires; and WHEREAS, the demand for new medium-term furnished housing units among displaced persons has substantially decreased, as many households now have long term plans in place for rebuilding or permanently relocating, and the demand for permanent housing in Santa Monica remains high; and
WHEREAS, temporary housing, with lease terms of more than thirty days but less than a year, typically has a higher monthly price point than rental housing subject to annual leases, thereby increasing market pressure on rents and diminishing the supply of units available for permanent residence; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 321 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 13 WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and

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

IT HEREBY ORDERED THAT:

1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements, and this Ninth Supplement.

2. Section 3 of the Second Revised Executive Order, as modified and supplemented by the Second Supplement, is hereby amended to read as follows:

Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is, suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 322 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 14 City of Santa Monica to natural persons displaced by the Regional Fire whose tenancies began on or before December 31, 2025 and (b) sublease no more than one rental housing unit within the City, is suspended. All lease agreements for new tenancies entered into on or after January 1, 2026, shall comply with all requirements of Chapter 6.22. This timelimited suspension of enforcement is consistent with Council direction; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.

This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days; nor does this section require a landlord to cease renting to any tenant a rental housing unit that is not the tenant’s primary residence, is furnished, and/or is subject to a lease of less than one year, so long as the tenant is a person displaced by the Regional Fires who began renting the rental housing unit on or before December 31, 2025.

Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 323 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 15 3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on February 28, 2026, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.

ADOPTED this 19th day of December 2025.

ATTEST:
___________________ By: _____________________________

NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________

HEIDI VON TONGELN
Interim City Attorney
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB

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Packet Pg. 324 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.J
1 of 3
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Adoption of Resolution Ratifying Homelessness Emergency Proclamation Recommended Action
Staff recommends that the City Council:

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

2. Adopt the proposed resolution ratifying the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.

Executive Summary
On March 11, 2025, in accordance with Santa Monica Municipal Code (SMMC) Chapter

2.16, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”).

Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Accordingly, this staff report recommends adopting the attached Resolution ratifying the 2025 Proclamation. (Attachment A).

Discussion
On February 14, 2023, the City Council adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of

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unhoused and unsheltered persons in the region. On May 14, 2024, the City Council adopted a further Proclamation Declaring a Local Emergency on Homelessness (“the 2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness.

On March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation, which extends the local emergency on homelessness through December 31, 2026. The 2025 Proclamation allows the City to expeditiously increase City services and programs to address and prevent homelessness. Specifically, the extension enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and allows the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16. Thus far in FY 2025-26, the Proclamation has facilitated rapid progress on a number of priority initiatives aimed directly at addressing homelessness, notably including expansion of the City’s C3 outreach teams, expansion of Right to Counsel services, and a new housing retention/bridge financial assistance program. Staff anticipates ongoing near-term use of the Proclamation to implement additional activities contemplated in the Realignment Plan as well as to efficiently operationalize Measure A funds.

On April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation. On June 10, 2025, the City Council adopted Resolution Number 11669 (CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 (CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 (CCS), on October 28, 2025, the City Council adopted Resolution Number 11712 (CCS), and on December 16, 2025, the City Council adopted Resolution Number 11726 (CCS) re-ratifying the 2025 Proclamation.

Staff now recommends that Council adopt the attached resolution re-ratifying the 2025 Proclamation declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Environmental Review
The 2025 Proclamation Declaring a Local Emergency on Homelessness would have no effect on the environment, and therefore, is categorically exempt from CEQA pursuant

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to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Fiscal Impacts
None.

Prepared By: Heidi Von Tongeln, Interim City Attorney
Approved Forwarded to Council
Attachments:

A. Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness 02.10.26
B. 2025 Proclamation Declaring Local Emergency on Homelessness

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1 City Council Meeting: February 10, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RATIFYING THE 2025 PROCLAMATION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A LOCAL

EMERGENCY ON HOMELESSNESS
WHEREAS, Santa Monica Municipal Code Chapter 2.16 empowers the City Manager, as the Director of Emergency Services (“Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region, which was extended to May 31, 2024; and
WHEREAS, on May 14, 2024 the City adopted a further Proclamation Declaring a Local Emergency on Homelessness (the “2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness; and WHEREAS, based on the 2024 Point-In-Time Homeless Count (“2024 PITC”) data, there were 75,312 people experiencing homeless in Los Angeles County; and WHEREAS, based on the 2024 PITC data for Service Planning Area 5 (SPA 5), the SPA Santa Monica is in, there were 5,383 people experiencing homelessness; and WHEREAS, based on the 2024 PITC data, there were 774 people experiencing homelessness in Santa Monica; and

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Packet Pg. 328 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness 02.10.26 (7389 : Homelessness 2 WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) conducted an End of Line Survey in January 2025, and found 39 unhoused persons were unsheltered at the Santa Monica Downtown Metro Station given Metro’s current End of Line policy, which requires deboarding of all passengers and belongings at the end of the line when trains go out of service; and
WHEREAS, according to a U.S. Department of Health and Human Services report published in October 2023, the fastest growing group in the nation’s population of people experiencing homelessness is older adults, composing nearly half of the homeless population nationwide, and a number that is expected to triple by 2030, and older adult homelessness has increased by 25% in the Los Angeles Continuum of Care between 2020 and 2024; and
WHEREAS, a California Statewide Study of People Experiencing Homelessness (CASPEH) found that high housing costs and low income left participants vulnerable to homelessness, and that the most common reason for leaving housing was economic; and WHEREAS, the Los Angeles County’s COVID-19 Eviction Moratorium that protected tenants from eviction who were under 80% of Area Median Income who were unable to pay rent due to the pandemic expired March 31, 2023, and tenants had up to twelve (12) months to repay past due rent owed to avoid risk of eviction; and WHEREAS, the number of eviction lawsuits provided to the Santa Monica City Attorney’s office in 2024 increased by over 28% from the number provided in 2023, with

84.8% of 2024 eviction lawsuits based on nonpayment of rent, suggesting even more tenants at risk of eviction and homelessness than in 2023; and

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Packet Pg. 329 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness 02.10.26 (7389 : Homelessness 3 WHEREAS, on March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (the “2025 Proclamation”); and
WHEREAS, the 2025 Proclamation extends the local emergency on homelessness through December 31, 2026, and allows the City to expeditiously increase City services and programs to address and prevent homelessness; and WHEREAS, specifically, the extension of the local emergency effectuated by the 2025 Proclamation enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and to allow the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11658 (CCS), ratifying the 2025 Proclamation; and
WHEREAS, on June 10. 2025, the City Council adopted Resolution Number 11669 (CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 (CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 (CCS), on October 28, 2025, the City Council adopted Resolution Number 11712 (CCS), and on December 16, 2025, the City Council adopted Resolution Number 11726 (CCS) reratifying the 2025 Proclamation; and

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Packet Pg. 330 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness 02.10.26 (7389 : Homelessness 4 WHEREAS the findings included in the 2025 Proclamation are included herein as if stated in full.

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

SECTION 1. The 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (“Exhibit A”) is hereby ratified.

SECTION 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 3. The City Council authorizes the City Manager, in capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency.

SECTION 4. The local emergency shall be deemed to continue and exist until December 31, 2026, unless its termination is earlier proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution, or the 2025 Proclamation ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or the 2025 Proclamation. The City Council hereby declares that it would have passed this Resolution

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Packet Pg. 331 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness 02.10.26 (7389 : Homelessness 5 and the 2025 Proclamation and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

HEIDI VON TONGELN
Interim City Attorney

4.J.a
Packet Pg. 332 Attachment: Resolution for Ratification of 2025 Proclamation Declaring State of Emergency on Homelessness 02.10.26 (7389 : Homelessness

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Packet Pg. 333 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 334 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 335 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 336 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 337 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 338 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 339 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation)

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Packet Pg. 340 Attachment: 2025 Proclamation Declaring Local Emergency on Homelessness (7389 : Homelessness Emergency Proclamation) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.K
1 of 5
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of Emergency Extension of Security Services Contract at Annenberg Community Beach House
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. Ratify the Procurement Manager’s approval of the emergency extension of Agreement #11120 (CCS) with AG Coast Inc. dba California Panther Security to continue 24/7 unarmed security guard service at the Annenberg Community Beach House for the Recreation and Arts Department. This emergency purchase was made as an exception to the competitive bidding process per SMMC

2.24.250(i), and is for a total amount not to exceed $215,000 through September 30, 2026.

Summary
The Annenberg Community Beach House (“Beach House”) has contracted with a security vendor since opening its doors in April 2009. Governing documents for the Beach House site, including the Statement of Official Action and Annenberg Community Beach House Operations Plan, require the City of Santa Monica (City) to provide on-site, unarmed security personnel, year-round.

On December 23, 2020, the City and AG Coast Inc. dba California Panther Security (“Panther”) entered into Agreement #11120 (CCS) (Attachment A) for security guard service at the Beach House through January 14, 2026. Unforeseen delays with the

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competitive bidding process for the next security service contract necessitated the extension of Panther Security’s contract. On January 15, 2026, the City and Panther entered into the First Modification to Agreement #11120 (CCS) (Attachment B), to prevent a lapse in crucial security coverage while a new solicitation is issued.

The emergency extension of Agreement #11120 (CCS) was approved as an exception to the competitive bidding process (ECB# 341) per SMMC 2.24.250(i) pursuant to SMMC

2.24.240(d)(3).

Discussion
The Beach House sits on a five-acre parcel of Santa Monica State Beach, developed by William Randolph Hearst for actress Marion Davies in the 1920s. Originally known as the Marion Davies Estate, it became an oceanfront luxury hotel, then a private beach club. In partnership with the Annenberg Foundation and California State Parks, the City opened the site as a public beach facility known as the Annenberg Community Beach House on April 25, 2009. The Beach House is a unique community destination and is open to all. The site combines elements of the historic Marion Davies Estate with beach and cultural amenities and demonstrates the City’s commitment to community-responsive programming, quality visitor services, and a high level of maintenance and security.

In the interest of public safety and site protection, security guard service at the Beach House is mandatory and guided by requirements specified in the Statement of Official Action (Attachment C) approved by City Council on May 25, 2006, and the Annenberg Community Beach House Operations Plan (Attachment D). In accordance with these governing documents, the City is required to have security personnel on site to monitor the site year-round, even during holidays when the site is closed to the public.

Security personnel at the Beach House are responsible for ensuring the safety of employees and visitors, and ensuring facilities and infrastructure remain secure and

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protected from trespassing, vandalism, illegal and inappropriate behavior, and suspicious activities. Additional security duties include:
• Providing regular roaming patrols day and night, including checking in at electronic stations throughout the site.
• Securing vehicle entrances to the Beach House parking lots and external doors. • Staffing property when City staff may not be present, such as nights and holidays, to monitor access; maintaining a high visibility presence; and taking appropriate measures to prevent trespassing, damage, or theft of Beach House property. • Assisting City personnel, including fire and police, as necessary by providing perimeter access control and traffic direction or by acting as site liaison. • Enforcing rules and providing support to Beach House staff when hired for permitted private events that may involve alcohol, be youth-focused, or are attended by high-visibility individuals.
• Observing and reporting suspicious activity.

Bid #4399 for unarmed security service at the Beach House was awarded to AG Coast Inc. dba California Panther Security (“Panther”) on December 23, 2020. The City and Panther entered into Agreement #11120 (“Original Agreement”) through January 14, 2026, for an amount not to exceed $1,029,268. Panther provides year-round security coverage, 24 hours per day, 365 days per year.

Unforeseen delays with the scope development for the competitive bidding process for the next security service contract necessitated the emergency extension of Panther Security’s contract with the City. On January 15, 2026, the City and Panther entered into the First Modification to Agreement #11120 (CCS) (“First Modification”), to extend the length of the contract, increase funds for service, and prevent a lapse in crucial security coverage while a new solicitation is issued.

Contract Extension

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The contract extension pricing is summarized below.

January 15 – March 31, 2026
Month Average Monthly Rate*
January $ 15,000.00
February $ 25,000.00
March $ 25,000.00
Total $ 65,000.00
Month-to-Month Options
As needed through September 30, 2026
Month Average Monthly Rate* Cumulative Month-to-Month Spend April $ 25,000.00 $ 25,000.00
May $ 25,000.00 $ 50,000.00
June $ 25,000.00 $ 75,000.00
July $ 25,000.00 $ 100,000.00
August $ 25,000.00 $ 125,000.00
September $ 25,000.00 $ 150,000.00
*All monthly rates shown are averages. Actual monthly rates will vary slightly based on the number of calendar days and holidays in each month. Rates are based on the 24-hour presence of one security guard per shift with no overlap.

Environmental Review
The contract modification is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will provide the City with continued security coverage at the Beach House. Therefore, it can be seen with certainty that the proposed modification would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions
The emergency extension of the agreement with AG Coast Inc. dba California Panther Security to continue 24/7 unarmed security guard service at the Annenberg Community

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Beach House is funded from the current budget in the Beach Recreation Fund Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2025-26
Modified
Request
Amount
FY 2026-27
Amount Account #
Total
Revised
Contract
Amount
11120 $1,029,268 $54,000 $75,000 11430001.550010 $1,158,268 -- 86,000 -- 11430003.550010 86,000
TOTAL $1,029,268 $140,000 $75,000 $ 1,244,268
Future year funding is contingent on Council budget approval.

Prepared By: Angela VonSlomski, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Agreement 11120 (CCS) 12.23.20
B. 01 CSA_11120_First_Modification EXECUTED
C. STOA 05.25.06
D. ACBH Operations Plan
E. OAKS INITIATIVE FORM 12.15.25
F. Procurement Mgr Approval- Emergency
G. LEVINE ACT DISCLOSURE

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Contract No. 11120 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _______________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and A.G COAST INC dba CALIFORNIA PANTHER SECURITY (“CONTRACTOR”), is made with reference to the following:

RECITALS:

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

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

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on January 14, 2026, unless sooner terminated in accordance with Section 14.

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

3. City Services. The City agrees to:

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

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

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

4. Compensation. The City will compensate CONTRACTOR for the Services performed in an amount not to exceed $193,868 for the first one-year term commencing on the Execution Date, for a total not to exceed $1,029,268, as set forth in Exhibit B.

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

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C 12/23/2020

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

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

Annenberg Community Beach House
City of Santa Monica
415 Pacific Coast Highway
Santa Monica, California 90402
Attention: Nan Friedman
Re: Contract No. 11120 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11120 (CCS)

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

A.G COAST INC dba CALIFORNIA PANTHER SECURITY
5777 W. Century Boulevard, Suite 1601
Los Angeles, CA 90045
Attention: Moe Galal
[email protected]
Re: Contract No. 11120 (CCS)

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

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

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

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

9. Insurance. Prior to commencing work, CONTRACTOR must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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arise from or in connection with the performance of the Services by CONTRACTOR or CONTRACTOR’s agents, representatives, employees or subconsultants for the duration of this Agreement. CONTRACTOR must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

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

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

11. Prohibition Against Transfers.

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

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

Control means 50% or more of the voting power of the corporation.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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

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

14. Default and Termination.

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

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

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

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

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

18. Records.

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

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

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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

19. Work Product; Reports.

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

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

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

21. Subconsultants.

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

21.2 CONTRACTOR will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between CONTRACTOR and any subconsultant (or between any subconsultant and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11120 (CCS) entered into between the City of Santa Monica and CALIFORNIA PANTHER SECURITY
on^^____________________.

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

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C 12/23/2020

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

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

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager

CALIFORNIA PANTHER SECURITY
Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C Interim City Attorney
George Cardona
12/23/2020
Moe Galal
CPS
Vice President
12/23/2020
12/23/2020
Lane Dilg
City Clerk Interim City Manager
Denise Anderson-Warren
12/24/2020

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Packet Pg. 351 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach Exhibit A
Scope of Services
As a public space, the Beach House wishes to provide a safe, secure environment in and around its respective facilities for its patrons and employees, and to safeguard the property. Security officers are required, seven days per week.

The Beach House requires nighttime security services with a combined maximum total of 24 hours per day. The City, in its sole and absolute discretion, may change the amount of hours for which security services are required. The Beach House Manager or designee have authority to modify the number of hours for which security services are required at the Beach House.
• Regular shifts are 5:30PM – 5:30AM and 7:30PM – 7:30AM • The 5:30PM-5:30AM shift may be adjusted depending on day light hours or other site needs
The Beach House will pay a maximum of 24 hours per day, unless otherwise specified by Beach House Venue Manager or designee. The Beach House Venue Manager or designee will specify any schedule changes, additional hours or additional security officers.

Facility Hours – subject to change
• Parking Lot: Opens daily at 7:00AM, and may close at 7:00PM, 8:00PM or 9:00PM, depending on the season.
• Guest Services: Opens daily from 8:30AM to 5:30PM (hours may vary in the summer season and weekends during the fall, winter and spring) • Event Services: Events may start as early as 7:00AM and end at 10:00PM (MondayFriday) or 11:00PM (Saturday-Sunday) with vendors leaving one hour past event end times
• Custodial Services: Custodians are onsite daily from 6:00AM to 1:00AM Holidays
The Beach House is open on most holidays and requires regular security services. On holidays such as Christmas, Thanksgiving and New Year when the facility is closed to the public, 24-hour security coverage is required. The City, in its sole and absolute discretion, may change the amount of hours for which security services are required for holidays. The Beach House Manager or designee have authority to modify the number of hours for which security services are required at the Beach House.

Contractor must meet or exceed the following requirements:

A. Employee Recruitment, Screening and Licensing

1. Contractor shall provide appropriately equipped and trained security personnel, with background and qualifications completed according to City-specified eligibility criteria, in such numbers as are required by the City.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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2. Contractor shall identify contractor’s principals, including, but not limited to, the individual responsible for managing day-to-day business operations and provide written qualifications, or resume, for each.

3. All security personnel are required to meet certain qualifications and standards regarding background, training, experience and health as established in this section. All security officers assigned to the Beach House must:
a. Be a graduate of a state certified Security Officer/Guard training program and possess current, valid Consumer Affairs guard cards b. Be a United States citizen or have certifications of Permanent Residence Status and the right to work from the immigration and Naturalization Service.
c. Be fully literate in the English language (i.e., able to read, write, speak and understand clearly), including, but not limited to being able to read and understand all post orders, Beach House policies and procedures, and posted warning/danger signs of potential hazards and safety instructions and properly writing reports and maintaining a daily activity log; an oral command of English sufficient to permit effective communication even in times of stress.
d. Carry evidence of certificates and permits required by the contract. e. Meet and deal tactfully with government personnel, facility employees and the general public; have the ability to understand, explain, interpret and apply rules, regulations, directives and procedures.
f. Possess poise, self–confidence and an ability to make sound decisions and react quickly under stressful conditions.
g. Be able to learn and adapt to changing situations and accept/respond to instructions and direction.
h. Possess either a high school diploma or a General Equivalency Diploma and have 2 years of prior security experience or have worked in a related field. i. Be able to stand on their feet for extended periods of time, maneuver stairs and other physically demanding terrain at the site as regular duties.

4. Background Checks/Pre-employment Screening/Drug Screening a. Contractor shall certify in writing that it regularly conducts background checks and medical (physical) examinations on all personnel that assigned to the Beach House to ensure they meet the minimum requirements set forth in this Scope of Work.
b. Contractor shall also have an anti-drug policy in place that is at least as comprehensive as the City’s current policies. At a minimum, drug screens shall include testing of urine samples for marijuana, amphetamines, methamphetamines, cocaine and opiates.
c. Evidence of procedures for background checks and of bidder’s anti-drug policy must be provided to the Beach Manager or designee prior to the Contractor’s execution of this Agreement.
d. All background checks must be consistent with California requirements for private security services. The City reserves the right, in its discretion, to disqualify from duty at the Beach House those security officers with records of acts constituting grounds for dismissal, removal or denial of a license under DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 353 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach State law, including, but not limited to, those delineated in Sections 7587.1 or 7587.4 of the Business and Professions Code.
e. All such background checks and medical (physical) examinations shall be at Contractor’s expense, shall ensure that all security officers meet the minimum requirements set forth in this Scope of Services, and shall comply with all applicable laws.

5. Licensing and Permits
a. Contractor must be licensed and experienced in performing in this Scope of Services and must provide evidence of current licensing and permits as required by local, State and Federal regulations in providing such services including, but not limited to, a California Private Patrol Operator’s License issued by the Department of Consumer Affairs.
b. Contractor and its employees must possess all licenses, registrations and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. Contractor is responsible for ensuring that any security officer working at the Beach House is properly licensed under California law.
c. Contractor’s security officers must be registered and must have a valid guard registration card in their possession while on duty. Guard registration cards must be presented to the Beach House upon request. If Contractor’s security officer is unable to present his/her guard registration card upon demand, he/she must be relieved from duty and Contractor must provide a security officer who has appropriate credentials in his/her possession. d. Contractor must also maintain all required business and professional licenses and permits required by law for accomplishing any work required in connection with this Contract, at no cost to the Beach House.

B. Physical Demands
The security services to be performed by security officers requires frequent and prolonged walking, standing sitting and some running. At times, security officers may be required to subdue violent or potentially violent people. Accordingly, physical stamina in all its forms (mental, climate-related, etc.) is a basic physical requirement of this position. Any individual who cannot meet the requirements of a security officer, including inability discovered through on-the-job performance, shall not be qualified to work at this location. Those individuals deemed to be unqualified or inappropriate for the position must be removed and replaced within two (2) days of being notified in writing of dissatisfaction from the Beach House.

C. Training Requirements and Job Function

1. Contractor shall ensure that all security personnel receive training in order that the City may be assured that said personnel are capable of assuming the responsibilities of their assignment.

2. Before Contractor provides security services under this Agreement, Contractor shall be responsible for ensuring all security personnel are trained as provided in this Scope of Services, at contractor’s sole expense.

3. Contractor must ensure all security officers have, at a minimum 24 hours, nonbillable on-the-job training. In addition, prior to providing security services under this Agreement, security officers shall be trained in the following areas:

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 354 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach • Security Officer instruction as mandated by the State of California • Patrol Procedures
• Observation and Incident Reporting
• Security Awareness
• Legal Aspects of Private Security
• Security Officer Conduct
• Principles of Communications
• Principles of Access Control
• Principles of Safeguarding Information
• Emergency Response Procedures
• Life Safety Awareness
• Workplace Violence
• Sexual Harassment
• Discrimination
• Diversity
• Conflict Resolution Awareness (i.e. unruly citizens, dealing with difficult and hostile people, etc.)
• Parking Lot Security
• Terrorism (Recognition, Response, and Recovery)
• Responding to Bomb Threats
• Responding to Natural Disasters
• Heat Illness Prevention and Response

4. Contractor and its security personnel must fully implement Beach House safety & security procedures and policies in the Handbook for Security Vendors that is provided by Beach House Manager or designee.

DUTIES OF SECURITY OFFICERS FOR SITE PATROL
• Patrol Beach House grounds individually. Each security officer will be assigned specific areas of responsibility.
• Maintain a high visibility presence to deter illegal and inappropriate behavior and suspicious activities.
• Enforce Beach House policies. Notify persons of rule infractions or violations, and if necessary, request that violators leave the premises. Contact Santa Monica Police Department (SMPD) as necessary.
• Monitor Beach House and patrol site with Contractor-provided guard tours software system.
• Monitor Beach House parking lots and implement Beach House parking restrictions. Notify City staff and/or City’s Parking Enforcement of parking violations when necessary.
• Investigate unusual or suspicious activities on premises or on adjacent public thoroughfares.
• Take appropriate measures to prevent trespassing, damage or theft of Beach House property.
• Report property damage or unauthorized removal of Beach House property. • Interact in a professional manner with the public. Answer routine questions and provide directions to visitors and vendors to various areas of the Beach House.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 355 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach • Submit to Supervisor accurate, reports detailing any occurrences and unusual incidents/accidents during each shift. Supervisor is responsible for relaying such reports to Beach House manager or designee.
• Report to Supervisor any damage, breakage or missing equipment supplied by Beach House to Security vendor.
• Ensure all gates and external doors are locked after normal operating hours. • Assist City of Santa Monica personnel, fire and law enforcement as necessary by providing perimeter access control, traffic direction or by acting as a site liaison. • Escort Beach House staff to or from their vehicles as requested and provide general assistance whenever possible.
• Install security chain and bollards at night to close parking lot; reopen the parking lot in the morning and remove the bollards for storage. • Perform additional security-related duties, as assigned.

DUTIES OF OFFICERS FOR PRIVATE EVENT SECURITY
Private events at the Beach House may include, but are not limited to: weddings, bar/bat mitzvahs, proms, corporate meetings, receptions, holiday parties, pool parties, birthday parties, baby showers, banquet/award presentations, and fundraisers. These events may have guests as few as 25 and as many as 500. Event Services will determine number of security officers needed for each event, and may assist in ensuring that private event clients pay Contractor directly for security services provided by Contractor. Contractor must have capability to accept checks and credit card payments from private event clients.

In addition to regular site duties expected from site patrol officers, event security officers must also:
• Enforce Beach House event rules pertaining to smoking and alcoholic beverages.

Notify attendees of violations, and coordinate with Beach House staff as necessary.
• Enforce rules set by private event client (i.e., no youth on the beach/sand after sunset, physical presence at parent drop-off location). • Provide presence during pre-event, event and post-event. • Primarily provide security presence on the exteriors of the building. May be asked to provide security indoors.
• Ensure that only invited guests (not the general public) enter private event space. • Ensure safety of all private event guests.
• Provide directions for multiple events.
• Provide direct support to event services, custodial services and guest services. • Assist event coordinator with maintaining appropriate sound levels from DJs or musicians.
• Report incidents to the Beach House event coordinator and assist the event services team with incident reports (if they are a witness) • Report property damage to the event services team.

D. Uniforms and Standards of Appearance

1. All security personnel must wear the same color and style or type of uniform, accessories and equipment while on duty.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 356 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach

2. Contractor employees must maintain professional appearance at all times. For example, but not limited to: clean, pressed uniforms; neatly groomed; and hat worn straight (not backwards, or off to the side).

3. Contractor shall propose uniform type, style and color. Uniforms must be of a professional nature and photos should be included with the proposal for approval by the Beach House. Uniforms shall be given to Contractor employees in sufficient quantity by the Contractor and shall ensure that all security officers assigned to the Beach House comply with basic appearance standards to include:
a. All security officers must be in complete uniform, neat in appearance, with uniforms clean, pressed and correctly fitted, and shoes shined. b. Assigned personnel shall not “accessorize” their uniforms and must wear their shirts tucked inside their slacks.
c. Personnel must display a professional appearance in uniform and hygiene by ensuring uniforms comply with the following requirements:
i. Uniform jackets ({1} heavy winter jacket and {1} summer wind breaker), with SECURITY on the back of jacket
ii. Uniform hat with SECURITY printed on the front and
include Contractor’s logo
iii. Uniform shirts with badge and common logo in a visible location
iv. High Visibility Rainwear with SECURITY on the back
(issued to Security Officer or must be available at post) v. Flashlight holder and flashlight (rechargeable durable quality flashlights or better)
vi. Security badge
vii. Shoulder patches displaying the Contractor’s logo
viii. Name tag with Security Officer’s first initial and last name

4. Contractor employee photo identification (ID) card must have employee name in front, no smaller than a font size of 18 with last name, first name, and middle initial, if any.

5. Contractor employees shall not be assigned to work at Beach House without being issued the uniform as described above.

6. Wrist watches, medical or identification bracelets, rings, and earrings are the only items of jewelry or ornaments authorized to be exposed when in uniform and on duty.

7. No jewelry shall be worn in such a manner as to present a safety hazard to the individual, or a distraction of professional appearance. Only post type of earrings shall be worn. Facial piercings and/or gauge type earrings are not allowed to be worn by security officers or supervisors.

8. No visible tattoos shall be permitted.

9. Security personnel shall not possess, display, or use firearms, explosives, or other dangerous weapons, including night sticks (batons), handcuffs, knives, saps DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.K.a
Packet Pg. 357 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach (clubs), brass knuckles, stun gun, taser, mace or oleoresin capsicum (pepper spray) while on duty. This includes but is not limited to, the employee’s vehicle, locker, and while on Beach House property.

E. Instructions Manual and Post Orders and Temporary Post Orders

1. Prior to providing security services under this Agreement, Contractor shall provide written Post Orders documenting site/security station/position specific operational instructions that assigned security officers must follow while providing security services. Such procedures must be created with input from, and approved by, the Beach House Manager or designee. All assigned security officers must read and execute a statement that provides that they read and understood the Post Orders, as issued from time to time, as part of their on-going training.

2. In addition, Contractor shall ensure that all security officers have an updated copy of Post Orders according to the following:
a. Post Orders, including Temporary Post Orders, must contain duty instructions, safety instructions, and emergency instructions. Post Orders are subject to change by the Beach Manager or designee.
b. Contractor is responsible for writing and updating (quarterly or as necessary) the Post Orders and providing electronic copies to the Beach House Manager or designee.
c. Temporary Post Orders are temporary instructions issued by Beach House Manager or designee.

F. Security Officer Tour Verification System/Officer’s Schedule

1. Contractor must supply, at Contractor’s sole expense, a security officer tour verification report system for the Beach House facility.

2. Contractor employees shall be responsible for recording rounds using the tour verification system.

3. Contractor must set the patrol points at the Beach House in coordination with Beach House Manager or designee.

G. Removal of Security Officers by the Beach House
The Beach House reserves the right to require the Contractor to remove any security personnel from further duty at the Beach House. If the Beach House requires the removal of any security personnel from duty, the Beach House shall make reasonable efforts to provide the Contractor its reasoning for the removal demand. However, failure to provide such reasoning by the Beach House shall not be grounds for the Contractor to challenge such removal. Upon receiving a request for removal, the Contractor must immediately remove and replace an individual security employee.

Such requests may be submitted in writing, via email, in person or by telephone.

H. Equipment Provided by the Beach House
Security Office - Beach House shall provide a room which serves as a security station.

Communications – Beach House shall provide the appropriate number of two-way radios to be used by the Security Officers.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 358 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach I. Contractor’s Responsibilities

1. Contractor shall be responsible for the development, design, coordination and supervision of all services provided under this Agreement. These activities include, but shall not be limited to, the following:
a. Evaluating, recruiting, screening, supervising, and training of personnel. b. Evaluating and providing adequate field supervision to ensure security officers arrive at assigned post on time, fit for duty, in proper uniform, and properly trained and oriented and perform their duties throughout their assigned shift, and provide backup as needed during all required hours. c. Maintaining adequate staffing to ensure that Beach House has the required number of security officers on site at all times. All security officers assigned to Beach House, even those filling in, shall meet all the requirements of this Agreement.
d. Requiring security officers to carry a cellular telephone (whether provided by the Contractor or not) on their person at all time to give them the ability to summon law enforcement when necessary.
e. Providing security service for the days and hours specified. Any security officer unable to work his/her shift must be replaced by Contractor before the start of the shift. No overtime shall be charged to Beach House.

Contractor must replace any post that is left vacant unexpectedly within thirty (30) minutes and not charge for time not worked. Any discrepancies to the agreed hours over 15 minutes must be reported to the Beach House Manager or designee.
f. Providing an additional security officer when required for special events, which shall be billed at the applicable private event hourly rate as identified in the Budget, Exhibit B.
g. Maintaining a 24-hour communication center 365 days a year for Contractor’s security personnel and Beach House staff to contact in the event of an emergency. Contractor’s communication center phones must be immediately answered and staffed at 24/7, 365 days a year. h. The Contractor may receive Beach House owned equipment; which may include keys, electronic card keys to the building, various offices, gates, etc., as required to perform security services. Contractor shall be responsible for any and all expenses related to any Beach House owned equipment replacement where Contractor’s personnel were negligent in handling or safeguarding the equipment and will be responsible for door re-keying costs should Contractor’s security personnel lose keys. Contractor shall also be responsible for any and all expenses related to the replacement of lost electronic cardkeys.

2. Equipment/Personal Equipment/Visits
a. Contractor shall ensure that at no time shall assigned contract personnel use or tamper with Beach House telephones, computers, or other equipment for non-Beach House or personal business without Contractor receiving prior approval by the Beach House Manager or designee. Unauthorized use of any Beach House equipment may be reason for the City to request Contractor remove the security officer from Beach House assignment.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.K.a
Packet Pg. 359 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach b. Contractor shall ensure security personnel are always diligent, vigilant, alert, focused on their duties, and not engaged in any activity that distracts them from their responsibilities as a security officer.
c. Contractor shall ensure security personnel display a professional image at all times while on duty. Consistent with this is the expectation that security officers must be alert to their surroundings at all times while on duty and shall not be engaged in any activity that distracts them d. Contractor shall ensure security personnel do not smoke while in performance of their duties.

J. Security Officer’s Log
Contractor shall maintain a Security Officer’s Log for security officers to record a written incident report for all incidents that occur at the Beach House. Incidents include any activity that may be cause for concern, including disturbances or matters that interfered or may interfere with Beach House operations, as determined and identified in the Post Orders. The manner and timing of reporting for all incidents to the Beach House Manager or designee shall also be specified in the Post Orders.

Contractor shall maintain a Security Officer’s Log as required below:

1. Maintain a chronological Security Officer’s Log at security station

2. Do not remove the Security Officer’s Log from the station

3. All report entries must be completed honestly, accurately, and in response to an activity

4. Ensure that the Security Officer’s Logs contain, at least the following minimum information:
• The Security Officer’s name;
• The times the Security Officer begins and concludes their shift; • An inspection by the Contractor’s supervisors;
• Descriptions of any suspicious persons loitering near the facility; • Description of any acts of vandalism or intrusion;
• A report of any event where law enforcement, fire department or other public safety officials are contacted;
• A description of any other events which the Security Officer may wish to note.

K. Account Manager/Supervisor; Reporting
Contractor must submit reports, compiling and disseminating statistical data for such items as incident reports and other statistical information as requested by Beach House, and must schedule periodic meetings with key Beach House staff.

Contractor shall provide telephone number(s) for Account Manager/Supervisors, and Executive Staff and designees, where he/she can be reached twenty-four (24) hours a day and shall call back within fifteen (15) minutes of originating call. The assigned Account Manager/Supervisor is responsible for interfacing with Beach House Management.

L. Transition Plan
Prior to commencing services under this Agreement, the Contractor shall submit a thirty (30) transition plan for implementation. This plan shall include, at a minimum, tasks, time frames, and procedures for a cold start transition. The plan DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.K.a
Packet Pg. 360 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach will identify the personnel that will be assigned to the transition team with current contact information, telephone numbers and email addresses.

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 361 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach Exhibit B
Budget
CONTRACTOR shall be compensated a total amount not to exceed $194,000 for services rendered for the first one-year term, which commences on the Execution Date of this Agreement.

Total estimated expenditure for the five-year term is not to exceed $1,029,268, allocated below. Annual increases are 3 percent, on the same terms and conditions.

Total - Site Patrol Only
(to be paid by the City)
Regular RateHourly Holiday RateHourly Annual Total
(Based on Estimated Hours)
Period 1: 01/15/2021-
01/14/2022 $ 21.37 $ 32.05 $ 193,867.20
Period 2: 01/15/2022-
01/14/2023 $ 22.01 $ 33.01 $ 199,683.22 3%
annual
increase
Period 3: 01/15/2023-
01/14/2024 $ 22.67 $ 34.00 $ 205,673.71 3%
annual
increase
Period 4: 01/15/2024-
01/14/2025 $ 23.35 $ 35.02 $ 211,843.92 3%
annual
increase
Period 5: 01/15/2025-
01/14/2026 $ 24.05 $ 36.07 $ 218,199.24 3%
annual
increase
Grand Total $1,029,267.29
CONTRACTOR shall bill private event clients directly for private event security staff services and provided in the Scope of Services, Exhibit A.

Total - Private Events
(to be paid by the event clients)
Regular RateHourly Annual Total
(Based on Estimated Hours)
Period 1: 01/15/2021-01/14/2022 $ 21.37 $ 10,257.60
Period 2: 01/15/2022-01/14/2023 $ 22.01 $ 10,565.33 3% annual increase Period 3: 01/15/2023-01/14/2024 $ 22.67 $ 10,882.29 3% annual increase Period 4: 01/15/2024-01/14/2025 $ 23.35 $ 11,208.76 3% annual increase Period 5: 01/15/2025-01/14/2026 $ 24.05 $ 11,545.02 3% annual increase Grand Total $ 54,458.99
Number of Hours -
Annual Estimate*
Regular Holiday Private Events
8640 288 480
*Actual number of hours may vary depending on Beach House needs DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 362 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

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

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

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

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

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

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

4.K.a
Packet Pg. 363 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

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

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

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

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 364 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

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

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

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

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

DocuSign Envelope ID: 24F94228-AD22-4674-8045-8526EA9B7E2C

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Packet Pg. 365 Attachment: Agreement 11120 (CCS) 12.23.20 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach 1 Rev. October 2023
FIRST MODIFICATION OF AGREEMENT NO. 11120 (CCS)
This First Modification of Agreement Number 11120 (CCS) (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and AG COAST INC dba CALIFORNIA PANTHER SECURITY (”PANTHER”) is made with reference to the following:

RECITALS
A. On or about December 23, 2020, the City and PANTHER entered into Agreement Number 11120 (CCS) for unarmed security guard services at the Annenberg Community Beach House (“Original Agreement”).

B. The Original Agreement expires on January 14, 2026.

C. The City and PANTHER desire to modify the Original Agreement to extend the agreement term, increase the agreement price to pay for the extended services, and include a rate increase.

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

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

Extension Term. The extension of this Agreement begins on January 15, 2026 and terminates on March 31, 2026, with the option to continue on a month-to-month basis through September 30, 2026. The month-to-month extension period may be terminable by the City on fifteen (15) days prior written notice.

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

Extension of Services. During the Extension Term, PANTHER will perform all services (“Services”) described in Exhibit A, Scope of Services of the Original Agreement. Between January 15, 2026, and the termination date, PANTHER will complete the Services in accordance with Exhibit B1, Budget.

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

Compensation. The City will compensate Panther for the Additional Services in an amount not to exceed two hundred and fifteen thousand dollars ($215,000.00), as set forth in Exhibit B-1. The total agreement price for services pursuant to the Original Agreement and this First Modification shall not exceed one million, two hundred forty-four thousand, two hundred sixty-eight dollars ($1,244,268).

Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A 1/21/2026

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Packet Pg. 366 Attachment: 01 CSA_11120_First_Modification EXECUTED (7465 : Emergency Extension of Security Services Contract at Annenberg 2 Rev. October 2023

4. Exhibit B-1 is attached hereto incorporated herein by this reference.

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

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By:
_______________________________
Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A Interim City Attorney
1/15/2026

HEIDI VON TONGELN
Moe Galal
Vice President
1/15/2026
CPS
1/21/2026
City Manager
Interim City Clerk Oliver Chi
1/27/2026
Denise Anderson-Warren

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Packet Pg. 367 Attachment: 01 CSA_11120_First_Modification EXECUTED (7465 : Emergency Extension of Security Services Contract at Annenberg Exhibit B-1
Budget
Contract Extension
January 15 – March 31, 2026
Month Average Monthly Rate*
January $ 15,000.00
February $ 25,000.00
March $ 25,000.00
Total $ 65,000.00
Month-to-Month Options
As needed through September 30, 2026
Month Average Monthly Rate*
Cumulative Month-to-Month
Spend
April $ 25,000.00 $ 25,000.00
May $ 25,000.00 $ 50,000.00
June $ 25,000.00 $ 75,000.00
July $ 25,000.00 $ 100,000.00
August $ 25,000.00 $ 125,000.00
September $ 25,000.00 $ 150,000.00
The total expenditure for the Contract Extension ($65,000.00) and Month-to-Month Options (up to $150,000.00) shall not exceed $215,000.00.
*All monthly rates shown are averages. Actual monthly rates will vary slightly based on the number of calendar days and holidays in each month. Rates are based on the 24-hour presence of one security guard per shift with no overlap.

Panther Hourly Rates
Regular hourly rate: $33.75 per guard
Holiday hourly rate: $50.62 per guard
Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A

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Packet Pg. 368 Attachment: 01 CSA_11120_First_Modification EXECUTED (7465 : Emergency Extension of Security Services Contract at Annenberg Schedule & Cost:

Location:

Annenberg Community Beach House
415 Pacific Coast Hwy, Santa Monica, CA 90402
Start Date: 1/15/2026
Sevice hours 24/7
Service Length: TBD March or April and month to month after Unarmed Guard Rate:

A.G. Coast, Inc./California Panther Security will adhere to your insurance requirements.

Overtime is billed at time and one- half per hour (if it applies) All National Recognized Holidays will be billed as time and a half.

Minimum of 4 hours for any additional requests.

We believe good Strategic planning and communication will create a careful deployment schedule, making for a very cost-effective, workable schedule and savings.

Please visit our website at www.capanther.com for additional information. Should you have any questions please feel free to contact me at your earliest convenience.

Docusign Envelope ID: B7FB89F5-84B9-461C-9144-39007F02649A

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Packet Pg. 369 Attachment: 01 CSA_11120_First_Modification EXECUTED (7465 : Emergency Extension of Security Services Contract at Annenberg

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Packet Pg. 370 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 371 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 372 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 373 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 374 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 375 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 376 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 377 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 378 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 379 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 380 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 381 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 382 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 383 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 384 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 385 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 386 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 387 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 388 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 389 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 390 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 391 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 392 Attachment: STOA 05.25.06 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Operations Plan
Presented to the Annenberg Foundation
by the City of Santa Monica
February 20, 2009

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Packet Pg. 393 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Operations Plan
Revised March 24, 2009
Table of Contents
Site Overview 1
Hours of Operation 3
Community Recreation 4
Cultural and Interpretative Programs 5
Concessions 6
Private Rentals 7
Reservations and Fees 10
Marketing 12
Parking and Transportation 13
Site Accessibility 17
Staffing Plan 18
Maintenance 20
Security 21
Sustainability 21
Settlement Agreement Conditions 23
Exhibits 24
1-Settlement Agreement
2-State Operating Agreement
3-Interpretative Master Plan
4-Graphic Standards

4.K.d
Packet Pg. 394 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
1 Site Overview
Located at 415 Pacific Coast Highway in Santa Monica, the Annenberg Community Beach House sits on a magnificent five-acre parcel of Santa Monica State Beach. This property, originally developed by William Randolph Hearst for actress Marion Davies in the 1920s, has a vibrant and uniquely Californian history including life as the estate of a Hollywood movie star, the posh Oceanhouse hotel, the private Sand and Sea Club, and a public facility known simply as 415 PCH.

The Beach House provides the
public with a rare opportunity to
enjoy a quintessential Southern
California beach experience in an
unparalleled historic oceanfront
setting. In the summer and other
peak use periods, the Beach
House promotes “A Great Day at
the Beach” by providing
traditional beach amenities and
services such as showers,
changing rooms, take-out and
café-style food service, beach
equipment rental, as well as
access to the historic swimming
pool, children‟s play areas, and
sand areas for beach volleyball,
tennis and picnicking. The winter months will focus on more contemplative pursuits such as indoor retreats, meetings, social functions and cultural programs as well as continued access to the sand, gardens and beach café.

In accordance with the City‟s 1998 Re-Use Plan, the goal of the Beach House is to provide an exciting public community space that:

Creates a community-oriented destination
Provides public recreational activities
Increases public access to the beach
Creates a range of uses
Encourages diverse users
Provides for year-round use
Links to the regional open space network
Preserves the history of the site
Encourages a “light touch” on the site
Event and Pool Houses at dusk

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Packet Pg. 395 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan 2
Site Map

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Packet Pg. 396 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
3 Hours of Operation
Peak use Periods
Maximum public use of the Beach House will occur during peak use periods when Santa Monica‟s weather is optimal. The anticipated peak use periods are:

Weekends: May and September
Daily: June, July and August
Anticipated public access hours during peak use periods are:

Parking
Lot
Guest
Services
Office
Pool incl.

Changing
Rooms
Garden
Terrace incl.

Splash Pad
View Deck
(Public Hours)
Beach
Café
Beach
Concession
Open 8:00 AM 8:30 AM 10 AM 8:30 AM 8:30 AM 6:00 PM 8:00 AM 9:00 AM Close Sunset* 6:00 PM 6:00 PM Sunset* 10:00 AM Sunset Sunset 5:00 PM *Except for Special Events
The Marion Davies Guest House will host cultural programs and docent tours on a scheduled basis. The Event House will be reserved for City cultural programs, youth camps, and limited private use rentals.

Non-Peak Use Periods
During non-peak use periods, the areas west of the Beach Walk will be open daily for the public‟s enjoyment. Other areas will prioritize private, revenue-generating events and more limited public activities such as pool use for a specified number of warm weather-activated days as well as access to garden areas when they are not booked for private events. The anticipated non-peak public use periods are:

Weekdays: May and September
Daily: October - April
Anticipated use hours during non-peak periods are:

Parking
Lot
Guest
Services
Office
Pool incl.

Changing
Rooms
Garden
Terrace incl.

Splash Pad
View Deck
(Public Hours)
Beach
Café
Beach
Concession**
Open 8:00 AM 8:30 AM None 8:30 AM 8:30 AM 8:00 AM 10:00 AM Close Sunset* 5:30 PM None Sunset* Sunset* Sunset 3:00 PM *Except for Special Events
** Weekends only

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Packet Pg. 397 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
4 Community Recreation
A majority of the site is available free to the public year-round for typical beach recreation – “A Great Day at the Beach.” Recreational facilities include gardens, beach boardwalks, children‟s play areas, and beach volleyball and beach tennis courts. When the pool is not open, the View Deck is available to the public free of charge. Priority access to the Splash Pad by those using the pool may be established once use patterns become apparent. The six beach volleyball and tennis courts are available on a first come, first served basis free of charge. During peak use periods, three of these courts also are available by 3-day advance reservation for a fee.

Recreational Swim
The pool will be available primarily for recreational swimming during peak use periods.

A Pool Pass set at affordable rates provides unlimited, all-day access to the holder for use of the pool and the pool deck, showers and lockers, and the View Deck. A Family Pass is also offered at a discounted rate. A specified number of Pool Passes are available by reservation up to three days in advance. Pool operations are staffed by the Community and Cultural Services Department, Community Programs Division.

Pool Dollar Days
To promote the Pool Pass as well as to ensure that lower-income families will have the opportunity to participate, a discounted entry of $1 per person will be piloted during the inaugural summer, probably every Monday during the summer period. Dollar Day entries will be available to those entering the pool between 10 a.m. and noon and they will then be available to enjoy a full day there. Fees for later entries will not be discounted. Reservations will not be available on those dates.

Lap Swim
Based on community input, there may be adequate demand for a cost-covering lap swim option on summer weekday mornings from 8:30 to 10 a.m. It is estimated that the pool could accommodate approximately 16 swimmers at a time. Because lifeguard hours have not been budgeted for this option, an early morning lap swim program would need to be cost-covering. Accordingly an advance purchase system would be needed to ensure the receipt of adequate Pool Pass fees to cover direct lifeguard costs. Staff will continue to assess demand and the feasibility of providing this either during the inaugural season or in the future.

Private Pool Rental
The pool and deck will be available for rent outside of normal public hours, September through May.

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Packet Pg. 398 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
5 Community Classes
During peak periods, informal, drop-in fitness and recreational classes will be scheduled based on visitor interest and demand. During non-peak seasons, classes may be offered over multiple weeks and provide more in-depth learning opportunities and activities. At all times of the year, programming will be targeted to the wide variety of youth, adults, and seniors expected to visit the Beach House.

Youth camps
The Club Room in the Event House will serve as the home base for City Youth Day Camps. These visits will be integrated into the day camp‟s overall program and curriculum and will afford opportunities for education about the history of the beach and the Beach House as well as to study contemporary issues related to the beach environment.

Cultural and Interpretative Programs
Cultural programs reflecting the site‟s three main interpretive themes will be scheduled throughout the year and may include docent-led tours, intimate concerts or performances, silent film screenings, culturally-oriented talks or lectures, and changing installations and exhibits. Various physical platforms have been designed into the Beach House site to accommodate changing exhibitions and the various “houses” onsite (i.e. the Guest House, Event House and its gallery, and the Pool House) will serve as a backdrop for a roster of cultural offerings to be developed by the City‟s Cultural Affairs Division in partnership with local non-profit organizations and other City departments.

Interpretative Themes
Three overarching themes will guide site interpretation.

Three Remarkable Individuals: William Randolph Hearst, Marion Davies, and Julia Morgan shaped the site‟s historical legacy.

A Beach Like No Other: The Southern California beach occupies a unique place within the physical and cultural landscape of America.

A Public Place Henceforth: The site of the Beach House has seen an evolution from private ownership to public management and ownership leading to today's universal access.

An Interpretative Master Plan (see the attached exhibit) has been developed to be implemented over time. Elements of the plan include:

An interactive electronic guest book rich with historic postcards and photographs.

A display of historic photos in the Guest House.

A multi-faceted installation at the south entry to the Beach House that provides a site overview and a glimpse of all the interpretative element and themes.

Audio tours available by phone or podcast.

A viewfinder that allows the viewer to see the site through time.

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Packet Pg. 399 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
6 An evocative installation of the Marion Davies era in the Guest House dining room.

Website with additional content and stories.

Docent Tours
The City will partner with the Santa Monica Conservancy to develop and implement docent-guided interpretive tours that complement the site‟s three primary interpretive themes. Utilizing up to 100 volunteer docents, the Conservancy will provide approximately two tours per day during peak use periods, depending on demand. The Conservancy will be responsible for recruiting and training all volunteers. Daily tours will be free and open to the public. A fee may be charged for private tours or tours provided as part of a private rental.

Visitor Center
During peak use periods, the Marion Davies Guest House will be staffed by docents to provide visitor information about the site, Santa Monica and Santa Monica State Beach, and the Santa Monica Mountains National Recreation Area. Many of the site‟s interpretive design elements will be showcased in the Guest House and available to the public free of charge.

Concessions
The site is serviced by one concessionaire, Back on the Beach Food Company, Inc.

This concessionaire provides sit-down and take-away food service from the beach café, and beach equipment rentals and retail sales from the concession building. The concessionaire may provide catering services for private rentals on site. Additional goods and services such as mobile food carts, pool-side orders and delivery, or Marion Davies Guest House tea service may be provided upon written authorization by the City.

At a minimum, the concessionaire is required to provide the following services:

Plan, fund, and install all trade furnishings, fixtures, and equipment necessary for all concession facilities including the beach café and beach concession building to ensure first-class facilities;
Equip and maintain high-quality, sit-down food service at the beach café; Equip and maintain high-quality, take-away food service; Make available high-quality catering services for special events and meetings on site. Note: the right to cater at the Beach House is not exclusive to the concessionaire.

Promote healthy and sustainable food practices such as serving healthy, locally, and sustainably grown, organic foods, and organic ingredients whenever possible.

Use recycled products that, at a minimum, are consistent with existing City regulations and modified as necessary to meet future regulations.

Equip and maintain high-quality, beach-related equipment for rent and related items for sale at the beach concession building such as chairs, umbrellas, and boogie

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Packet Pg. 400 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
7 boards, and various sundries that provide for the health, safety, and convenience of visitors.

Meet all health and safety codes, rules, and regulations as required.

Contract Terms
The term of the Back on the Beach Food Company concession contract is ten years commencing December 1, 2008.

The rent is $100,000 per year or 10% of annual gross receipts, whichever is greater.

The minimum annual rent of $100,000 per year shall be adjusted for changes in the Consumer Price Index beginning with fiscal year 2009/10 and continuing every second fiscal year thereafter (e.g. FY 2011/12, FY 2013/14).

During fiscal year 2008/09, the minimum annual rent is waived and only ten percent of gross sales will be due to account for start-up delays and other operational issues.

Private Rentals
During non-peak periods, specific Beach House facilities will be available for private rental for meetings and social functions as well as commercial filming. Rooms in the historic Marion Davies Guest House, the Event House, and Pool House, as well as the adjacent gardens and the pool deck, offer a wide variety of both small and large, and formal and informal gathering spaces. A summary of facilities follows:

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Packet Pg. 401 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
8 Room
Square
Footage
Event House
All 3,590
Garden Terrace Room 1,978
Terrace Lounge 733
Club Room 879
All plus Garden Terrace 12,620
North House
All 2,089
The Parlor 703
Veranda Room South 368
Veranda Room North 366
Retreat Room 1 231
Retreat Room 2 206
Retreat Room 3 214
2nd Floor, All 1,386
Pool House
All 4,370
Sand and Sea Room 1,860
View Deck 1,670
Pool Deck 840
The Patio 1,974
Whole Site 22,474
Marketing and Sales
Marketing and sales initially will be provided by a marketing contractor. It is likely the Beach House will have an initial flood of interest, but a sales manager may be necessary to develop the full revenue potential of the facility following the public‟s initial curiosity and interest. The consultant will work with the City to assess current and emerging market segments and implement sales strategies. Initial marketing efforts will focus on the local market and early visitors to the Beach House, and will utilize partnerships with the Santa Monica Convention and Visitors Bureau and local hotels.

Booking
Private rental bookings and event coordination initially will be provided by City staff.

Rentals will be based on booking policies developed by the Department of Community and Cultural Services. Discounted use of facilities by non-profit organizations will be offered for available facilities after an initial full-price booking period. Venues may be rented weekdays between 8 am and 11 pm and weekends between 8 am and midnight (inclusive of set-up, break-down, and clean-up). All events must conclude no later than one hour prior to closing. The parking lot will be closed by 11 pm weekdays and midnight weekends.

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Packet Pg. 402 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
9 The private rental schedule will conform to the restrictions and transportation and parking requirements outlined in Exhibit 1, Settlement Agreement. In general, private rentals will be available as summarized below.

Facility Peak Season Shoulder Season Low Season
Pool House Limited Private Use Limited Private Use Priority Use Event House Limited Private Use Priority Private Use,
Weekdays
Priority Use
Guest House Limited Private Use Priority Private Use,
Weekdays
Priority Use
Rental Rates
Rental rates will be established based on market conditions and comparable venues.

Preliminary rental rates are summarized below. These rates are subject to change based on market fluctuations.

Meetings
Room
Half Day
(5 hours)
Full Day
(9 hours)
2 hours
min
Event House
All 3,590 240 $ 2,500 $ 4,000 $ 400
Garden Terrace Room 1,978 132 $ 1,500 $ 2,500 $ 250
Terrace Lounge 733 49 $ 350 $ 700 $ 200
Club Room 879 59 $ 250 $ 500 $ 250
All plus Garden Terrace 12,620 240 $ 3,500 $ 5,300 na
Marion Davies Guest House
All 3,510 234 $ 1,800 $ 3,500 $ 600
The Parlor 2,124 142 $ 1,000 $ 2,000 $ 150
Veranda North and South 735 49 $ 350 $ 700 $ 250
Veranda Rooms plus Retreat Rooms 1-3 1,386 92 $ 500 $ 1,000 $ 300 Pool House
All 4,370 291 $ 2,500 $ 4,500 na
Sand & Sea Room plus View Deck 3,530 235 $ 1,800 $ 3,500 $ 800 Pool Deck 840 56 $ 600 $ 900 na
The Patio 1,974 132 $ 900 $ 1,500 na
Entire Site 22,474 500 $ 7,000 $ 12,000 na
Square
Footage
Max # of
People
Special Events

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Packet Pg. 403 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
10 Caterers
All caterers must be pre-approved by the City. An approval process including qualifying criteria will be developed and made available to all interested parties. At a minimum, the criteria will include minimum insurance coverage with required endorsements, compliance with service and operational standards for the site, and completion of a site orientation class.

General Facility Rental Rules
Events will be governed by a set of rental rules that have been developed and guided by the numerous settlement agreement conditions as described in Exhibit 1. Key restrictions include:

Beer and wine may be served by a properly-licensed and bonded caterer and in accordance with all applicable laws. No alcohol may be served outside. Service of alcohol must cease one-half hour prior to the end of an event.

No amplified music for private events is permitted outside.

Sit-down meal service may not exceed 2,000 square feet of space if not incidental to a meeting or social function at any one time.

Outside Vendors
It is anticipated that a range of special event and meeting support services, including event planning and coordination, audio/visual equipment and operation, and additional security or support staff, may be available at market rates. Outside caterers and other outside vendors will be required to share a percentage of their gross receipts with the City, consistent with other City beach concession agreements.

Reservations and Fees
Community Use Reservations
Most fee-based services and amenities will be available by advanced reservation as a service for those visitors who desire a level of certainty about their use of specific Beach House amenities. Online, in-person and phone reservations will be available up to three days in advance with full non-refundable payment due at the time the reservation is made. An online credit card option will be offered. Reservations must be claimed by noon the day of the reservations. Unclaimed reservations will then be released to the public on a first come first served basis.

Reservations will be available for approximately 100 parking spaces, for 50% to 75% of the total capacity for the pool, and up to three beach volleyball/tennis courts. The maximum reservations that can be made by one person for any given day is for one parking space, six Pool Passes, and one court time of 1.5 hours.

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Packet Pg. 404 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
11 Site Fees
Fees have been established for public access to facilities with limited capacity and high operational costs including parking and pool access. Fees were established based on fees for comparable City facilities as well as market rates for similar activities and services in the region.

Parking
Proposed fees for parking (up to $10 per day) are commensurate with Council-approved rates for the Central Beach Parking Lots and the Pier Deck Lot, the highest demand lots on Santa Monica State Beach. To provide affordable access, both hourly and daily rates will be available. To maximize public access to the Beach House, use of beach and residential parking permits will be prohibited in the Beach House parking lots at least until public demand can be fully evaluated. Senior and disabled passes will be allowed.

Programs and Classes
All fees for programs and classes offered by the City or City contracted instructors will be set to cover the direct costs of providing the services at the Beach House. Specific fees for recreational and community classes and programs offered by City contractors will be established through a public bidding process. Financial assistance (partial reduction of fees) is available to qualifying Santa Monica resident youth from low and moderate-income families. Initial fees are as follows:

Pool Day Pass
Adult $10.00
Child (under 18 years of age) $4.00
Senior (age 65 or older) $5.00
Family Pass (2 adults and 2 children) $24.00
Beach Volleyball and Tennis Court Reservations
Walk-up (first come, first served) Free
Reservation $5.00
Private Facility Rental and Use
Facility Rental Charges for private events and commercial filming will be established based on comparable market rates. To provide opportunities for non-profit organizations and government agencies, a discount of up to 50% will be offered to a limited number of non-profit and governmental organizations each month.

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Packet Pg. 405 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
12 Screen shot of Beach House website
Marketing
Planned outreach for the Beach
House during its inaugural year is
designed to educate people on the
concept of a public beach club,
while addressing challenges such
as demand and community
expectations. Outreach efforts will
primarily be conducted online and
seek to build upon positive word of
mouth generated through opening
events. The goal for the first year
will be to reach as much of the local
community as possible.

Subsequent plans will expand
focus to the tourist trade, both
domestic and international.

Media
A series of timed, themed press releases will be issued throughout the inaugural period.

Focus areas will include architecture and design, how to use the facility and „The Beach House Story,‟ a look at the history of the site and how the facility came to be in existence. Working in conjunction with the Santa Monica Convention & Visitors Bureau, a media tour will be held prior to the public opening in April. New media such as online networking sites, reviews and blogs will also be utilized.

Website
The Beach House website will be the cornerstone of the City‟s ongoing marketing efforts. All communication materials on the Beach House will encourage interested parties to visit its website, beachhouse.smgov.net, for more information. The playful new website will appeal to a broad range of Beach House users in an easy to use format that will encourage visitors to plan their visit ahead of time by using the website as their guide. The site will coordinate with separate websites for the private events and interpretive components.

Cross-Promotion
Community outreach and education will be conducted in coordination with the Annenberg Foundation, California State Parks, the Santa Monica Convention & Visitors Bureau, Back on the Beach Café and the Santa Monica Big Blue Bus. Private event marketing will focus on establishing relations with the general managers and concierges of local hotels and regional caterers, and draw upon the considerable interest from local residents and professional associations.

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Packet Pg. 406 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
13 Brand Extension
The Beach House brand will be grown through development and production of saleable goods that feature the facility‟s graphic identity. Goods will be available for purchase through the on site concessionaire.

Parking and Transportation
The public may access the Beach House through multiple modes of transportation including by foot, bike, private vehicle, and public transportation.

Parking
For private vehicles, the Beach House contains three adjoining parking lots - the South, Central, and North Lots. The South Lot (415 PCH) serves as the main entrance and contains a public entrance lane, two public exit lanes, an emergency vehicle entrance/exit, and a drop-off area. The Central Lot is accessible via the South Lot and serves as the primary lot for private event guests and vendors. The North Lot (445 PCH) is accessible via the South and Central lots and contains a public exit and an emergency vehicle entrance/exit. The North Lot is primarily dedicated to staff and reserved parking.

Spaces
There are approximately 277 parking spaces in the three lots. Each lot contains several handicap accessible spaces adjacent to primary Beach House entry points, as well as five hybrid vehicle only parking spaces.

Equipment
The parking facility is equipped with three (3) pay-by-space machines. These machines can be programmed as self-serve or attendant operated. Patrons will park and pay at the machine by entering the parking stall number. The machines will accept cash and give cash change. Upgrades are being made to accept credit cards and the City‟s Meter Cash Card.

Hours
The parking lots are open to the public from 8 a.m. to one-half hour after sunset. The lots will remain open until 11 pm Monday-Friday and midnight Saturday-Sunday for guests of private events. In an effort to minimize the impact on neighbors, guests of private events will be issued special parking passes and be required to park in the Central Lot before utilizing the North and South Lots.

Fees
Both daily and hourly rates are available Hourly rates are structured to provide value to visitors staying two hours or less. Parkers may select the preferred rate on the parking

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Packet Pg. 407 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
14 machine after parking. Hourly and daily rates may be applied to any available parking space.

May - September April and October November - March
Mon-Fri Weekend Mon-Fri Weekend Mon-Fri Weekend
Daily
$8.00 $10.00 $6.00 $8.00 $6.00 $7.00
Hourly
$4.00 $4.00 $3.00 $4.00 $3.00 $3.00
Weekend rates apply on holidays
Staffing
The City‟s parking contractor will provide primary staff for parking lot operations. During low-use periods, such as winter week days, the parking lot may be unattended.

Monday Tuesday Wednesday Thursday Friday Saturday Sunday May - September
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
Attendant
(8am-8pm)
October - April
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
Supervisor
(9am-5 pm)
During peak use periods, such as summer weekends, the City‟s Beach House staff may supplement parking contractor operations to assist with reservation check-in and traffic direction.

Traffic Flow and Signage
During the summer, demand for this facility will be high. Due to the limitations imposed by PCH and the parking lot configuration, the lot can not be closed to incoming vehicles from the north bound turn lane. Vehicles unable to find a parking space will circulate through the parking lots and exit to PCH from the North Lot. The on-duty parking attendant or the traffic director will be responsible for keeping the cars moving through the lots and directing overflow cars to exit. To keep traffic moving, staff may install temporary “sandwich board” signage such as “waiting and stopping is prohibited” or “please keep traffic moving” signs with the citation of the appropriate Municipal Code Section, 03.12.270 (d).

Permit Parking
Beach Permit Parking including monthly, semi-annual, and annual parking permits and Residential Overnight Parking Permits will not be accepted at these lots unless and until staff determines that daily public parking demand is being met. Senior and Disabled Placards will be accepted for free daily parking year-round.

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Packet Pg. 408 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
15 Staff Parking
Parking for on-site staff, including contractors, will be very limited during peak use periods. A special staff parking pass will be developed for use by authorized staff. The landscape maintenance contractor and Community Maintenance Department will each have one dedicated parking space. Beach House staff will coordinate by division to ensure minimum use of parking spaces at the Beach House and to coordinate car pooling and other alternatives when feasible. Alternative parking locations should be used when possible. Staff will be issued standard Beach Parking Permits for use in other north beach lots. Alternative modes of transportation such as bicycles, bus, and carpooling are encouraged. As space becomes available during low-use periods, all Beach House staff will be authorized to park in the Beach House lots.

Reserved Parking
The North Lot will be dedicated to Beach House staff, contractors, and reserved public parking. Parking reservations will be available to the public on regularly scheduled pool days. Reservations will not be available when the pool is closed or during winter pool openings. Reservations for up to 100 parking spaces will be accepted between one and three days prior to the reservation date. A reservation will guarantee the guest a parking space when they arrive between 9 am and noon.

The list of parking reservations will be printed out by Beach House staff and delivered to the parking attendant or supervisor by 9 am daily. A parking attendant will monitor use of the North Lot to ensure that spaces are used only by staff or those with reservations.

Those with reservations not claimed by 12:30 pm will be assigned a parking space on a first come, first served basis. Late arrivals with reservations do not have to pay the daily parking rate again, but are not guaranteed a space.

Electronic Car Count System
Electronic counters are located at the main entrance of the North and South Lots to enable real time parking availability to be reported to the City‟s website, radio broadcast, telephone recording, or other media.

Transportation
Bicycle and Pedestrian Access
The Beach House is accessible from the South Bay Bicycle Trail, which, along this section, is available to bicyclists, joggers, skaters, wheelchair riders, and pedestrians.

The trail stretches 22 miles from Will Rogers State Beach to Torrance County Beach and provides easy access from most of Santa Monica. Pedestrians can access the South Bay Bicycle Trail from any of the beach parking lots, as well as the pedestrian overpasses at the Santa Monica Pier and Palisades Park at Broadway, Arizona, and California Streets, and Montana Avenue.

Parking for 181 bicycles will be provided at racks located at key locations on the site. In addition, dependant on demand, the Beach House concessionaire will offer a bike valet

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Packet Pg. 409 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
16 service for a nominal fee during peak use periods. An effort will be made to prevent potential user conflicts on the South Bay Bicycle Trail through signage and other design options.

Tide Shuttle
The Big Blue Bus will provide shuttle service to the Beach House via the Tide Ride during peak use periods. The shuttle will service a one-way loop through the city, including Bernard Way, Ocean Park Blvd, Fourteenth Street, and Montana Avenue.

This route will provide for two trips to the Beach House hourly and take approximately 30 minutes to complete. Depending on funding availability, the service is proposed for weekends May through September from 9:30 a.m. to 8:00 p.m. and will cost $.50 each way ($.25 for seniors and persons with a disability).

Big Blue Bus Route 9
Big Blue Bus Line 9 currently stops approximately one-half mile north of the Beach House at West Channel Road where there is an existing pedestrian tunnel under the Pacific Coast Highway with access to the beach and the Beach House via the South Bay Bicycle Trail, which may be used by pedestrians as well as bicyclists in that location.

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Packet Pg. 410 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
17 Paratransit Services
The City‟s Dial-a-Ride service will also be available for residents 60 years of age or older and disabled persons 18 years of age and older.

Site Accessibility
Facility Access
The Beach House is fully compliant with the requirements of the Americans with Disabilities Act (ADA), providing access for all throughout the site. New facilities are fully accessible, including the children‟s play area, restrooms, parking lot, and Event and Pool Houses. Historic facilities have been made accessible to the extent possible and in compliance with ADA and applicable historic codes. In the Marion Davies Guest House, an elevator has been installed to provide second floor access, and two accessible restrooms have been added. At the pool, an elevator and ramp are available for access to the pool and pool deck as well as the second floor of the Pool House including the View Deck. A portable lift can provide access into the historic pool.

Beach Access
The Beach Recreation Area, providing a range of informal beach recreation opportunities, is defined by a series of boardwalks and concrete pathways. The Beach Walk traverses the site from north to south while the Ocean Walk traverses the sand from the Beach Walk west, across the South Bay Bicycle Trail and towards the ocean.

Together these walks provide universal access and pedestrian circulation from the parking lots, pool, gardens, and closer to the surf than any other location on the beach.

In addition, a beach wheel chair will be available at the Beach House concession stand, free of charge, to provide access to anywhere on the sand.

Program Access
Program access includes effective and accessible signage and communication materials. Site signage and informational materials comply with ADA requirements.

Appropriate auxiliary aids and services will be provided upon request. Auxiliary aids include large print materials, sign language interpreters, and other forms audio and visual media. The Guest Services Coordinator is the designated employee to serve as contact for concerns or grievances and other aspects of program services that physical accessibility does not fulfill.

Service Animals
A person with a disability or a trainer of a guide, signal, or service dog has the right to be accompanied by a guide, signal, or service dog. If with a trainer, the dog must be on a leash and tagged as a guide, signal, or service dog (Civil Code Section 54.1(b)(6)(A) and 54.2; Food and Agr. Code Section 308550 and 30852).

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Packet Pg. 411 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
18 Staffing Plan
Administration and Guest Services
Beach House Manager (Permanent)
The Beach House Manager is responsible for overall management and operation of the Beach House including daily operations, community programs and activities, guest services, special events, community relations, marketing and promotions.

Administrative Analyst (Permanent)
The Administrative Analyst is responsible for management and oversight of contracts and agreements, developing and monitoring the Beach House budget for the Community and Cultural Services and Community Maintenance Departments, overseeing accounts receivable and accounts payable, supervising the Guest Services Coordinator and Guest Services Assistants and assisting the Beach House Manager as needed.

Guest Services Coordinator (Permanent)
The Guest Services Coordinator is the essential “go to” person at the Beach House.

This position is responsible for coordinating the functions of the Guest Services Office and performing a wide variety of duties including insuring delivery of an exceptional level of service to guests, creating outreach and marketing materials and performing clerical and accounting duties.

Guest Services Assistant (Seasonal)
The Guest Services Assistant works seasonally during peak use periods to provide the first impression to Beach House guests. The Guest Services Assistants are responsible for taking reservations, collecting fees, checking-in guests and providing public information.

Recreation
Beach Recreation Supervisor (Permanent)
The Beach Recreation Supervisor is responsible for the development and oversight of recreational programs at Santa Monica State Beach, including the Beach House, Muscle Beach, Chess Park, other beach parks and beach tennis and volleyball courts.

This position serves as operational back-up to the Beach House Manager.

Recreation Coordinator (Seasonal)
The Recreation Coordinator is responsible for coordinating the daily recreational activities at the Beach House including use of the swimming pool and amenities, courts, and classroom space. The position is responsible for monitoring the aquatics program

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Packet Pg. 412 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
19 and class instructors. The Recreation Coordinator works seasonally during peak use periods and serves as back-up to the Beach Recreation Supervisor.

Beach Recreation Leader (Seasonal)
The Beach Recreation Leader is the eyes, ears, and voice of the Beach House, interacting with guests utilizing the various amenities available on site. This position is responsible for developing and implementing cultural and recreational programming, acting as a site ambassador, assisting guests, and monitoring and security the facility.

This position works seasonally during peak use periods.

Chief Lifeguard (Seasonal)
The Chief Pool Lifeguard monitors and coordinates the daily operation and maintenance of the Beach House pool, including assisting with the training and monitoring of pool lifeguards and other aquatics staff. This position works seasonally during peak use periods.

Pool Lifeguard (Seasonal)
The Pool Lifeguard ensures the safety of the public and other users at the Beach House pool performing emergency care as necessary and pool maintenance duties. This position works seasonally and assists the Chief Pool Lifeguard in pool operation activities, as required.

Custodial
Aquatic Maintenance Worker
The Aquatic Maintenance Worker is the lead custodian on site. This position is responsible for maintaining and repairing the aquatic facilities and leading the site‟s custodial crew.

Custodian I
The Custodian I‟s provide custodial services to the facility including cleaning and restocking restrooms and kitchens; collecting and removing trash; cleaning, dusting, and polishing furniture and other woodwork; and sweeping, vacuuming, and mopping floors.

Custodian II
The custodian II leads, schedules, and assists custodial crews and provides custodial services as necessary.

Facility Attendant (Seasonal)
The Facility Attendant assists in preparing facilities for events and programs including set-up and break-down of tables and chairs. This position also is responsible for providing basic custodial services before, during and after an event or program.

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Packet Pg. 413 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
20 Landscaping
Landscaping services including sand grooming will be provided by the City‟s landscape maintenance contractor and overseen by the City‟s Public Landscape Division.

Maintenance
The City is committed to providing the site with the highest level of maintenance possible through a combination of City and contracted staff. A range of vendors will provide routine maintenance and prompt emergency response for facility needs that can‟t be met by City staff.

Custodial
Custodial services will be provided by the City‟s Community Maintenance Department.

One to two custodians led by an Aquatic Maintenance Worker will provide daily cleaning and maintenance services to the site‟s buildings and water feature. One Facility Attendant will assist daily with light custodial duties while preparing for and breaking down equipment and furnishings associated with programs, activities, and private rentals. Custodial shifts will run from approximate 6 am to 1 am year-round, ensuring the facility is maintained to the highest standards at all times and that maintenance needs that may impact visitor use, such as floor cleaning, can occur outside of public hours.

Landscaping
Daily landscaping needs will be met by a landscaping contractor. One contractor will be on site eight hours a day, seven days a week, excluding holidays. The contractor will provide daily sand grooming, litter patrol, and sweeping of all outdoor areas. In addition, the contractor will be responsible for maintaining all landscaping including weeding, trimming, cultivating, and irrigating.

Pool and Splash Pad
The site‟s Aquatics Maintenance Worker will provide daily maintenance to the pool and splash pad. An aquatics contractor will provide regular service to the pumps and chemical feed systems and be available at all times to address unforeseen functional and maintenance needs.

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Packet Pg. 414 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
21 Security
At peak, a total of 12 staff will provide site supervision during daylight hours, including staff with specific training in and responsibility for site monitoring and coordination with the Santa Monica Police Department. All staff will be trained by the City‟s Police Department to deal with basic safety and security issues and on when and how to properly report an incident to police dispatch.

Alarm and Security Systems
Security cameras, mounted in key outdoor locations, will be periodically monitored by on site City staff. All buildings are equipped with an alarm system that is activated when a door or window is broken or opened. Only key City staff will have the alarm codes to disable the system. The alarm system will be tested and maintained regularly by a contractor.

Keys
Master facility keys will be limited to senior staff and custodial leads. In addition, a master key will be provided either in an on-site lock box or directly to the Fire and Police Departments for emergency access purposes. Keys with limited access will be distributed as necessary to lower level staff. Contract staff is not likely to have keys to any part of the facility.

Security Guards
Overnight security services will be provided by a contract security service daily.

Daytime security services also may be provided on holidays or other low-staff periods.

Using “Smart Card” technology, electronic “check points” have been established across the site to record security patrols and ensure that guards cover the entire facility on a regular basis throughout the night. Security guards will carry cell phones to contact police dispatch as necessary. They will not carry weapons of any kind. Additional security may be required for private events depending on the size and nature of the event.

Emergency Response
A dedicated access point into both the South and North Lots has been created for emergency vehicle access. Combination locks will be used to secure access gates and combinations will be provided to the Police and Fire Departments.

Sustainability
LEED Rating
The sustainable design goals and objectives developed for the Beach House are based on the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. The project includes achievement of LEED New Construction (NC) Silver

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Packet Pg. 415 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
22 rating; however, the design will incorporate measures that go beyond the scope of LEED and the Silver rating. Under LEED NC Silver a minimum of 33 points is required.

For added assurance, the project aim is to achieve 38 points total. Due to its historic status, the Marion Davies Guest House does not fit into the LEED credit program.

Key Sustainable Features
Sustainable Site
Hazardous Materials Abatement: Removal of lead-based paint, asbestos insulation, and wooden piles containing preservatives.

Erosion and Sedimentation Control (during construction) Alternate Transportation: Shuttle service
Storm Water Design: Water retention ponds to return rainwater back into the ground.

Heat Island Effect
o Tree shaded parking lots.
o White roofing materials for reduction in heat gain on roofs. o Coated parking lots to reduce stored heat in pavement.

Light Pollution Reduction: Full-cutoff lamps to reduce light pollution, lighting contained within property.

Water Efficiency
Water Efficient Landscaping:
o Drip irrigation system.
o Native and drought tolerant plants and trees.

Water saving devices including shower spray heads.

Reduction in wastewater treatment by using waterless urinals and dual flush toilet valves.

Energy and Atmosphere
Building Commissioning by an independent agency to ensure mechanical systems are operating correctly and efficiently.

Green Power electricity produced by alternate sources of energy.

Solar powered water heater system for swimming pool.

Non-heat transferring (reflective) glazing on all exterior windows (excluding the Marion Davies Guest House). Also, many windows contain an additional top section of ceramic frit silkscreen, another form of solarban.

Materials and Resources
Building Reuse: Reuse existing structures that have been cleaned and free of hazardous materials.

Construction Waste: Divert construction waste from landfill; instead recycle materials.

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Packet Pg. 416 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
23 Local/Regional Materials: Incorporate post-consumer materials into new materials, concrete, plastics, insulation, and cabinetry. New decking made of recycled plastic products. New building siding made of recycled concrete products Indoor Air Quality
Air filtration system and clean air program during construction.

Low-emitting materials, paints, adhesives and sealants.

Thermo Comfort: Building management system for efficient heating and cooling.

Innovation and Design
Educational Outreach Program
o On-site recycling and composting available.
o Interpretive/Informational materials on LEED certification and related topics.

Website with LEED educational information.

Settlement Agreement
Specified conditions for the Beach House are set forth in Exhibits A and B of a Settlement Agreement entered into by the City of Santa Monica and the Palisades Beach Property Owners Association Inc., et al. The conditions that must be in place for at least 10 years and those that must be in place for at least 7.5 years from issuance of the Certificate of Occupancy are included in Exhibit 1 of this Operating Plan, and incorporated herein by reference.

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Packet Pg. 417 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) Annenberg Community Beach House Operating Plan
24 Exhibits
Settlement Agreement
Conditions of the Settlement Agreement between the City of Santa Monica and the Palisades Beach Road Property Owners Association.

State Operating Agreement
Agreement between the State of California, Department of Parks and Recreation, and the City of Santa Monica, granting the City authority to operate the site of the Beach House through 2105.

Interpretive Master Plan
Comprehensive plan for the development and installation of interpretive exhibits throughout the site.

Graphic Standards
Standards for the use of the Beach House graphic identity including templates for various materials and collateral.

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Packet Pg. 418 Attachment: ACBH Operations Plan (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 419 Attachment: OAKS INITIATIVE FORM 12.15.25 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach

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Packet Pg. 420 Attachment: OAKS INITIATIVE FORM 12.15.25 (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach 1 Melissa Zak
From: Teresa Villa
Sent: Thursday, January 8, 2026 8:36 PM
To: Melissa Zak
Cc: Nan Friedman; Angela VonSlomski; Sofia Klatzker; Tina Saloutos; Katie Doerr; Nicole Hurd
Subject: RE: Emergency Procurement Approval for Extension of CT# 11120 (Security Service at ACBH)
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: 11120
Hi Melissa,
This qualifies as an emergency purchase and you have my approval to utilize the Emergency purchase clause, for these security services, as noted below. To address the administrative requirements, you will have to follow the steps per the clause, most importantly submitting a staff report to Council, within 30 days, detailing the need to circumvent normal procurement procedures. I’ve sent examples of an emergency purchase memo and staff report in another email thread. Since the services are needed immediately, your projected Council meeting date is ideal. Kindly let me know if you have any follow up questions or if any conditions change.

Emergency: Security Services
Amount: $215,000
Duration: 9 months or less
Instrument: Contract Modification
Teresa M. Villa, C.P.M., CPPB,
Procurement Manager
(310) 458-8242
santamonica.gov
Facebook | Twitter | Instagram
Subscribe to City of Santa Monica Email Updates

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Packet Pg. 421 Attachment: Procurement Mgr Approval- Emergency (7465 : Emergency Extension of Security Services Contract at Annenberg Community 2 From: Melissa Zak <[email protected]>
Sent: Friday, December 19, 2025 5:10 PM
To: Teresa Villa <[email protected]>
Cc: Nan Friedman <[email protected]>; Angela VonSlomski <[email protected]>; Sofia Klatzker <[email protected]>; Tina Saloutos <[email protected]>; Katie Doerr <[email protected]>
Subject: Emergency Procurement Approval for Extension of CT# 11120 (Security Service at ACBH) Hi Teresa,
Per our recent conversations, please confirm that you approve Agreement 11120 (CCS) to be modified (extended) via the emergency procurement process as per SMMC, section 2.24.240.

Under Agreement 11120, AG Coast Corp. (dba Panther Security Inc., “Panther”) provides unarmed, 24/7 security service at the Annenberg Community Beach House (“ACBH”). The agreement term is December 23, 2020, through January 14, 2026, with no extension options.

An RFB for a new security service contract has been underway for some time but will not be complete prior to the termination of Panther’s contract. (The scope of the RFB is evolving and expanding as additional departments join to request security services for newly announced major events coming to the City over the next few years.)
In the interest of public safety and site security, it is essential that ACBH maintains 24/7 security presence, 365 days a year. It is vital that Panther remains in place at ACBH until the new security contract is awarded and the contractor is onboarded. Panther has knowledge of the site, procedures, and staƯ and cannot be replaced with a temporary solution or without a competitive procurement process. Further justification is provided in ECB # 341.

ACBH requests the extension of Panther’s contract through March 31, 2026, with the option of maintaining service on a month-to-month basis through September 30, 2026.

Budget:
 Contract Extension (January 15 - March 31, 2026): $65,000  Month-to-Month (April-Sept): $25,000 per month, average o Up to $150,000 for the six-month period
 Total spend potential for January 15 – September 30, 2026 ($65,000 + $150,000): $215,000 NTE  FY25-26 funds will come from Contractual Services accounts 11430003.550010 ($86K available) and 11430001.550010 ($82,4K can be relieved from requisition 12601711 if needed). FY26-27 funds, if needed, will be from 11430001.550010.

ACBH has a placeholder to bring the contract extension before City Council on February 10, 2026.

If needed all current contract extension information is available to view in the Citywide contracts folder for 11120: First Modification
Let me know if any further details or justifications are required. Thank you again for your help with this.

Happy Holidays!

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Packet Pg. 422 Attachment: Procurement Mgr Approval- Emergency (7465 : Emergency Extension of Security Services Contract at Annenberg Community 3 Melissa Zak
Senior Administrative Analyst
Annenberg Community Beach House
Recreation & Arts Department
310.458.2201 x5144
annenbergbeachhouse.com
Facebook | X | Instagram

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Packet Pg. 423 Attachment: Procurement Mgr Approval- Emergency (7465 : Emergency Extension of Security Services Contract at Annenberg Community

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Packet Pg. 424 Attachment: LEVINE ACT DISCLOSURE (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 425 Attachment: LEVINE ACT DISCLOSURE (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 426 Attachment: LEVINE ACT DISCLOSURE (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 427 Attachment: LEVINE ACT DISCLOSURE (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House)

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Packet Pg. 428 Attachment: LEVINE ACT DISCLOSURE (7465 : Emergency Extension of Security Services Contract at Annenberg Community Beach House) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.L
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, or, in the Alternative, Reintroduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Chapter

4.66 to Provide for Recall of Workers at Hotels on City-Owned Property and Hospitality Businesses on the Santa Monica Pier and Adding Chapter 4.69 to Provide for Retention of Workers at Hospitality Businesses on the Santa Monica Pier
Recommended Action
Staff recommends that the City Council:

1. Adopt the attached Ordinance; or

2. Reintroduce the attached Ordinance on first reading with changes directed by the City Council.

Executive Summary
At its meeting on January 27, 2026, the City Council introduced for first reading an Ordinance to amend Santa Monica Municipal Code Chapter 4.66 to provide for recall of workers at hotels on City-owned property and hospitality businesses on the Santa Monica Pier and adding Chapter 4.69 to provide for retention of workers at hospitality businesses on the Santa Monica Pier. During its discussion on January 27, Council requested additional information on the potential impacts of the scope as presented, including the number of businesses that would be subject to the new regulations based on a threshold of 5 workers. Staff is in the process of gathering that information, which will be available prior to Council consideration.

The ordinance is now presented to the City Council for adoption. In the alternative, Council could reintroduce the ordinance on first reading with changes.

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Packet Pg. 429
2 of 2
Prepared By: Bradley Michaud, Legal Administrative Services Officer Approved Forwarded to Council
Attachments:

A. Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 B. Written Comments

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Packet Pg. 430
1 City Council Meeting: February 10, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND CHAPTER 4.66 TO PROVIDE FOR RECALL OF

WORKERS AT HOTELS ON CITY-OWNED PROPERTY AND AT HOSPITALITY BUSINESSES ON THE SANTA MONICA PIER AND ADDING CHAPTER 4.69 TO

PROVIDE FOR RETENTION OF WORKERS AT HOSPITALITY BUSINESSES ON THE

SANTA MONICA PIER
WHEREAS, the City of Santa Monica, host to millions of visitors annually, has a long history of supporting its tourism and hospitality industries as well as supporting the wellbeing and rights of workers in those establishments; and WHEREAS, on December 11, 2001, the City Council adopted Ordinance Number 2031 (CCS), adding Chapter 4.66, Recall of Workers, to the Santa Monica Municipal Code, which created requirements for the recall from the layoff of workers of certain businesses located in the Coastal Zone and extended Downtown Core that had gross receipts of $5 million for that location in the year 2000; and WHEREAS, on September 10, 2019, the City Council adopted Ordinance Number 2614 (CCS), adding Santa Monica Municipal Code Chapter 4.67, Hotel Worker Protections, which, among other things, provides retention protections for hotel workers in the event of a change of hotel ownership or control; and WHEREAS, the COVID-19 pandemic resulted in a sudden 26.8% decline in General Fund revenue in FY 2020-21; and
WHEREAS, the City has faced challenges achieving its revenue, expenditures, and General Fund reserve targets during the past several years; and

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Packet Pg. 431 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 2 WHEREAS, the recent financial forecasts anticipate that the City will continue to operate a structural deficit for several years; and
WHEREAS, the federal government has discussed or implemented several economic policies, including tariffs, mass deportations, tax cuts, and deregulation, which may impact the national and local economy; and
WHEREAS, some economists predict that the national economy will continue to be an inflationary economic environment with rising costs of goods and labor; and WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11698 (CCS), identifying local fiscal distress due to the current financial condition of the City, including the significant drawdown of reserves and interfund payment obligations, coupled with uncertain revenues and increasing costs and liabilities warrants; and WHEREAS, on October 28, 2025, the City Council adopted the Santa Monica Realignment Plan, predicated around restoring safety, revitalizing key civic spaces, growing economic activity, rebuilding City organizational strength, and returning the City to fiscal balance; and
WHEREAS, over the next several years, the Los Angeles region will become a global stage for some of the world’s most watched sporting and cultural events, which will draw millions of visitors, concentrate international media attention, and generate significant economic activity across Southern California; and WHEREAS, on December 16, 2025, the City Council discussed the City’s participation in these upcoming events, beginning with activities on the Pier to support the FIFA World Cup in June and July 2026; a collaboration to produce a new music and cultural festival series on Santa Monica beach in the Fall of 2026; a week of fan-focused

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Packet Pg. 432 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 3 programming and broadcast activity on the Pier as part of Super Bowl LXI, which is scheduled to return to SoFi Stadium in February 2027; and summer 2028, when the Olympic and Paralympic Games will bring global audiences, cultural festivals, and hospitality activations to venues throughout the region; and WHEREAS, the Realignment Plan’s goals are furthered by protecting the City’s investments in hotels located on City-owned land and hospitality businesses located on the Santa Monica Pier (“Pier”); and
WHEREAS, the success of the upcoming major events is strengthened with a stable workforce to support local businesses; and
WHEREAS, although there is reason for optimism as the City implements the Realignment Plan and prepares for upcoming major events, forecasts for the local and national economy threaten hospitality and tourism businesses, which could lead to layoffs; and
WHEREAS, recall rights for workers ensure fair employment practices during times of economic difficulty and reduce the demand for government-funded social services; and WHEREAS, changes in ownership, control, or operation of hospitality businesses on the Pier can trigger mass layoffs and displace employees who are skilled, knowledgeable, and experienced in providing a safe, clean, and enjoyable experience for the millions of visitors who come to the Pier each year; and WHEREAS, ensuring that workers for hospitality businesses on the Santa Monica Pier have an opportunity to continue working for a business upon change in ownership, control, or operation will prevent both unnecessary disruption to the labor market and increased demands on social services provided by the City, and thereby maintain the

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Packet Pg. 433 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 4 stability and high level of service in the hospitality businesses in the City, which promotes the public welfare; and
WHEREAS, given that tourism is one of the largest industries in the City and in the entire region, establishing the worker recall and retention standards set forth in this Ordinance will not only improve worker working conditions but also benefit the local and regional economy overall, and thereby promote the public health, safety, and welfare.

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

SECTION 1. Santa Monica Municipal Code Chapter 4.66 is hereby amended to read as follows:

Chapter 4.66 RECALL OF WORKERS

4.66.010 Definitions. For purposes of this Chapter, the following words or phrases shall have the following meanings:
a. “Business” means a Coastal Zone business, extended downtown core business, hotel, or a Pier business. For purposes of this Chapter, “business” does not include nonprofit entities.
b. “Coastal Zone” means that area bounded by the Pacific Ocean on the west, by the City borders on the south and north, and on the east by the Lincoln Boulevard centerline south of Pico Boulevard and Fourth Street north of Pico Boulevard. Properties adjacent to the east side of Fourth Street between Pico Boulevard and Colorado Boulevard are included within the area defined by this subsection; otherwise the Fourth Street boundary shall be at the centerline.

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Packet Pg. 434 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 5 c. “Coastal Zone business” means a business operating within the Coastal Zone with gross receipts over five million dollars in the year 2000 for that location. d. “Coastal Zone employer” means any person who owns, controls, or operates a Coastal Zone business, and includes any person, contractor, or subcontractor who, in a managerial, supervisory, or confidential capacity, employs extended Coastal Zone workers to provide services at a Coastal Zone business in conjunction with the business’s purpose.
e. “Coastal Zone worker” means any person who is employed by a Coastal Zone business. “Extended downtown core worker” does not include a managerial, supervisory or confidential employee.
f. “Employer” means a Coastal Zone employer, extended downtown core employer, hotel employer or Pier employer.
g. “Extended downtown core” means that area bounded by Ocean Avenue on the west, Wilshire Boulevard on the north, Fifth Street on the east and Colorado Boulevard on the south. Properties on both sides of the boundary streets shall be included within this definition.
h. “Extended downtown core business” means a business operating within the extended downtown core with gross receipts over five million dollars in the year 2000 for that location.
i. “Extended downtown core employer” means any person who owns, controls, or operates an extended downtown core business, and includes any person, contractor or subcontractor who, in a managerial, supervisory, or confidential capacity,

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Packet Pg. 435 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 6 employs extended downtown core workers to provide services at an extended downtown core business in conjunction with the business’s purpose. j. “Extended downtown core worker” means any person who is employed by an extended downtown core business. “Extended downtown core worker” does not include a managerial, supervisory or confidential employee. k. “Hotel” means an establishment that provides temporary lodging in the form of overnight accommodations in guest rooms to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of thirty consecutive calendar days or less, and may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. “Hotel” includes motor lodges, motels, apartment hotels, and tourist courts meeting the definition set forth above. “Hotel” also includes any contracted, leased or sublet premises operated in conjunction with a hotel or that is used for the primary purpose of providing services at a hotel. “Hotel” does not include a hostel, which is a lodging facility primarily characterized by dormitory-style accommodations, shared bathrooms, and reservations of beds rather than rooms. “Hotel” also does not include corporate housing, rooming houses, boarding houses, or private residential clubs, singleroom occupancy housing, vacation rentals, or bed and breakfast establishments within a single-unit residence.
l. “Hotel employer” means any person who owns, controls, or operates a hotel, and includes any person, contractor or subcontractor who, in a managerial, supervisory, or confidential capacity, employs hotel workers to provide services at a hotel in conjunction with the hotel’s purpose.

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Packet Pg. 436 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 7 m. “Hotel worker” means any person who is employed by a hotel employer to provide services at a hotel. “Hotel worker” does not include a managerial, supervisory or confidential employee.
n. “Laid off worker” means any worker who, in a particular week, performs at least two hours of work within the geographical boundaries of the City for an employer, was employed by an employer for six months or more, and whose most recent separation was due to lack of business, a reduction in force or other economic, non-disciplinary reason. Laid off workers includes Coastal Zone and extended downtown core workers with a separation from active service occurring after September 11, 2001, and hotel and Pier workers with a separation from active service occurring after September 9, 2025. o. “Length of service” means the total of all periods of time during which a worker has been in active service, including periods of time when the worker was on leave or on vacation.
p. “Pier” means Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately two thousand one hundred thirty-five feet into the Santa Monica Bay.
q. “Pier business” means a business that provides hospitality services on the Pier, including eating and drinking establishments, as defined by Santa Monica Municipal Code Section 9.51.020(B)(8), large-scale facilities, as defined by Santa Monica Municipal Code Section 9.51.020(B)(7)(d) and small-scale facilities, as defined by Santa Monica Municipal Code Section 9.51.020(B)(7)(e) and employs 5 or more Pier workers.

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Packet Pg. 437 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 8 r. “Pier employer” means any person who owns, controls, or operates a Pier business, and includes any person, contractor or subcontractor who, in a managerial, supervisory, or confidential capacity, employs Pier workers to provide services at a Pier business in conjunction with the business’s purpose.
s. “Pier worker” means any person who is employed by a Pier employer to provide services at the Pier. “Pier worker” does not include a managerial, supervisory or confidential employee.
t. “Worker” means a Coastal Zone worker, extended downtown core worker, hotel worker or a Pier worker.

4.66.020 Applicability of requirements.

The requirements of this chapter shall apply to Coastal Zone employers, extended downtown core employers, hotel employers operating on City-owned property, and Pier employers.

4.66.030 Right of recall.
a. Preference for Laid Off Workers. An employer shall offer in writing, to the last known address of laid off workers, all positions which are or become available after the effective date of this Chapter for which the laid off workers are qualified. A laid off worker is qualified for a position if the worker: (1) held the same or similar position at the same site of employment at the time of the worker’s most recent separation from active service with the employer; or (2) is or can be qualified for the position with the same training that would be provided to a new worker hired into that position. The employer shall offer positions to laid off workers in an order of preference corresponding to categories (1) and (2) in the preceding sentence. Where more than one worker is entitled

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Packet Pg. 438 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 9 to preference for a position, the employer shall offer the position to the worker with the greatest length of service with the employer at the employment site. b. Time Limit. A laid off worker who is offered a position pursuant to this Chapter shall be given no less than ten days in which to accept or decline the offer.

4.66.040 Supersession by collective bargaining agreement.

All of the provisions of this Chapter, or any part thereof, may be waived pursuant to a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous written terms. Neither party to a collective bargaining agreement relationship may waive or supersede any provision of this Chapter by means of unilaterally imposed terms and conditions of employment.

4.66.050 Retaliatory Action Prohibited
No employer shall refuse to employ, terminate, reduce in compensation, or otherwise take any adverse action against any person for seeking to exercise or enforce his or her rights under this Chapter by any lawful means, for participating in proceedings related to this Chapter, for opposing any practice proscribed by this Chapter, or for otherwise asserting rights under this Chapter. There shall be a rebuttable presumption that an adverse employment action taken against a worker within ninety days of the worker's exercise of rights under this Chapter was taken in retaliation for the exercise of such rights. This Section shall also apply to any laid off worker who mistakenly, but in good faith, alleges noncompliance with this Chapter.

4.66.060 Remedies
a. Civil Action. The City or any aggrieved person may enforce the provisions of this Chapter by means of a civil action.

4.L.a
Packet Pg. 439 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 10 b. Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern or practice that violates this Chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interests of an aggrieved person or persons. c. Damages and Penalties. Any person who violates the provisions of this Chapter is liable for any actual damages suffered by any aggrieved person or for statutory damages up to the amount of one hundred dollars per aggrieved person per day. For willful violations, the amount of monies and penalties to be paid under this subsection shall be trebled.
d. Cumulative Remedies. The remedies set forth in this Chapter are cumulative. Nothing in this Chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law.
e. The provisions of this Chapter shall not be construed as creating a cause of action against the City.

SECTION 2. Santa Monica Municipal Code Chapter 4.69 is hereby added and shall read as follows:

Chapter 4.69 RETENTION OF WORKERS

4.69.010 Definitions. For purposes of this Chapter, the following words or phrases shall have the following meanings:
a. “Affected business” means: (1) in the event of a change in control as defined in subsection (c)(1) below, the business or discrete portion of the business that has been

4.L.a
Packet Pg. 440 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 11 the subject of the change in control and remains in operation following the change in control; or (2) in the event of a change in control as defined in subsection (c)(2) or (c)(3) below, the business that remains in operation following the change in control of that business.
b. “Business” means a Pier business. For purposes of this Chapter, “business” does not include nonprofit entities.
c. “Change in control” means: (1) any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets used in the operation of a business or a discrete portion of the business that continues in operation; (2) any sale, assignment, transfer, contribution, or other disposition of a controlling interest (including by consolidation, merger, or reorganization) of an employer or any person who controls an employer; or (3) any other event or sequence of events (including a purchase, sale, lease, or termination of a management contract or lease) that causes the identity of the employer at a business to change. For purposes of this Chapter, a change in control shall be defined to occur on the date of execution of the document effectuating the change in control, or, if there is no single document effectuating the change in control, on the date of the document that culminates in the sequence of events comprising the change in control.
d. “Eligible worker” means a worker employed by an incumbent Pier employer at the time of a change in control and who has been so employed for at least two months prior to the change in control, or, if there is no single document effectuating the change in control, a worker employed by an incumbent Pier employer at the beginning of the sequence of events that comprises the change in control and who as so employed for at

4.L.a
Packet Pg. 441 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 12 least two months prior to the beginning of the sequence of events that comprises the change in control.
i. “Incumbent Pier employer” means a Pier employer who owns, controls, or operates a Pier business prior to a change in control of the Pier business or of a discrete portion of the Pier business that continues to operate after the change in control. j. “Pier” means Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately two thousand one hundred thirty-five feet into the Santa Monica Bay.
k. “Pier business” means a business that provides hospitality services on the Pier, including eating and drinking establishments, as defined by Santa Monica Municipal Code Section 9.51.020(B)(8), large-scale facilities, as defined by Santa Monica Municipal Code Section 9.51.020(B)(7)(d) and small-scale facilities, as defined by Santa Monica Municipal Code Section 9.51.020(B)(7)(e) and employs 5 or more workers. l. “Pier employer” means any person who owns, controls, or operates a Pier business, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs Pier workers to provide services at a Pier business in conjunction with the business’s purpose.
m. “Pier worker” means any person who is employed by a Pier employer to provide services at the Pier. “Pier worker” does not include a managerial, supervisory or confidential employee.
n. “Successor Pier employer” means a Pier employer who: 1) owns, controls, or operates a Pier business after a change in control; or 2) owns, controls, or operates a

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Packet Pg. 442 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 13 Pier business that operates at the same location and provides the same or substantially similar hospitality services as an incumbent Pier employer. o. “Worker” means a Pier worker.
p. “Worker retention period” means the period of time beginning on the date of a change in control and extending to 90 days from the first date that an affected business is open to the public after a change in control; or, if the successor Pier employer is not known at the time the incumbent Pier employer ceases operations, the period of time beginning on the date the incumbent Pier employer commences operations that are open to the public and extending for a period of 90 days.

4.69.020 Pier Worker Retention
a. Notice of change in control. Within five days of a change in control of a Pier business, a successor Pier employer shall post written notice of the change in control at the location of the affected Pier business.

1. This written notice shall remain posted during any closure of the affected Pier business and for six months following the first date on which the affected Pier business is open to the public under the successor Pier employer.

2. This written notice shall include, but not be limited to, the name and contact information of the incumbent Pier employer, the name and contact information of the successor Pier employer, and the effective date of the change in control.

3. This written notice shall be posted in a conspicuous place at the affected Pier business and shall be readily visible to eligible Pier workers, other employees, and applicants for employment.

4.L.a
Packet Pg. 443 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 14 b. Incumbent Pier employer responsibilities.

1. Within fifteen days of a change in control, an incumbent Pier employer shall provide a successor Pier employer with a list of eligible workers.

This list shall include the name, date of hire, and job classification of each eligible worker.

2. A successor Pier employer shall be required to maintain and hire from this list during the worker retention period.

3. In the event the successor Pier employer is not known at the time the incumbent Pier employer ceases operations, the provisions of this subparagraph (b) shall apply, provided that the successor Pier employer provides the same or substantially similar hospitality services as an incumbent Pier employer. When the successor Pier employer is not known at the time the incumbent Pier employer ceases operations, the incumbent Pier employer shall provide the City with a list of eligible workers consistent with the requirements set forth in subparagraph 1, above. The City shall provide the successor Pier employer with the list of eligible workers within fifteen days of City entering into an agreement with the successor Pier employer.
c. Successor Pier employer responsibilities. A successor Pier employer shall, during the worker retention period, offer each eligible worker employment for no less than ninety days, except that if a successor Pier employer determines during the worker retention period that it requires fewer workers than were required by the incumbent Pier employer, the successor Pier employer shall retain eligible workers pursuant to the

4.L.a
Packet Pg. 444 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 15 terms of a relevant collective bargaining agreement, if any, or by seniority and experience within each job classification to the extent that comparable job classifications exist. d. An eligible worker retained pursuant to this Section shall be employed under terms and conditions established by the successor Pier employer as required by law and shall not be discharged except for good cause based on individual performance or conduct.
e. An offer of employment made pursuant to subsection (c) shall be made in writing and shall remain open for at least ten business days from the date of the offer. f. A successor Pier employer shall retain written verification of each offer of employment made pursuant to subsection (c). This verification shall include the name, address, date of hire, and job classification of the eligible worker to whom the offer was made. A successor Pier employer shall retain the required verification for no less than three years from the date the offer is made.
g. At the end of the worker retention period, a successor Pier employer shall provide each worker retained pursuant to this Section with a written performance evaluation. If the worker’s performance was satisfactory, the successor Pier employer shall consider offering the worker continued employment under the terms and conditions established by the successor employer and as required by law. A successor Pier employer shall retain the written performance evaluation required under this subsection for no less than three years from the date it is issued.
h. The rights to retention set forth in this Section do not apply to any managerial, supervisory, or confidential employee and do not include the right to retain any supervisory or management responsibility.

4.L.a
Packet Pg. 445 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 16 4.69.030 Supersession by collective bargaining agreement.

4.69.040 Retaliatory Action Prohibited
No employer shall refuse to employ, terminate, reduce in compensation, or otherwise take any adverse action against any person for seeking to exercise or enforce his or her rights under this Chapter by any lawful means, for participating in proceedings related to this Chapter, for opposing any practice proscribed by this Chapter, or for otherwise asserting rights under this Chapter. There shall be a rebuttable presumption that an adverse employment action taken against a worker within ninety days of the worker's exercise of rights under this Chapter was taken in retaliation for the exercise of such rights. This Section shall also apply to any worker who mistakenly, but in good faith, alleges noncompliance with this Chapter.

4.69.050 Remedies
a. Civil Action. The City or any aggrieved person may enforce the provisions of this Chapter by means of a civil action.
b. Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern or practice that violates this Chapter may be enjoined therefrom by a court of competent jurisdiction. An action for injunction under this subsection may be

4.L.a
Packet Pg. 446 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 17 brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interests of an aggrieved person or persons. c. Damages and Penalties. Any person who violates the provisions of this Chapter is liable for any actual damages suffered by any aggrieved person or for statutory damages up to the amount of one hundred dollars per aggrieved person per day. For willful violations, the amount of monies and penalties to be paid under this subsection shall be trebled.
d. Cumulative Remedies. The remedies set forth in this Chapter are cumulative. Nothing in this Chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution under this Code or State law.
e. The provisions of this Chapter shall not be construed as creating a cause of action against the City.

SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not

4.L.a
Packet Pg. 447 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 18 declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

HEIDI VON TONGELN
Interim City Attorney

4.L.a
Packet Pg. 448 Attachment: Amendments to Chapter 4.66 2d (Worker Recall and Retention) 02.10.26 (7540 : Worker Recall Retention Ordinance - Second 1 David Yakobson
From: Beach Dude <[email protected]>
Sent: Tuesday, February 10, 2026 11:12 AM
To: Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; councilmtgitems; Oliver Chi
Subject: City Council Meeting February 10, 2026 – Item 4L

EXTERNAL
City Council Meeting February 10, 2026 – Item 4L
To City Council Members:

I do not think the adding of Chapter 4.69 to Provide Retention of Workers at Hospitality Business on the Santa Monica Pier should be adopted. If this is moving forward, then you need to consider changes to it to maintain a stable business environment that creates jobs.

California has some of the best protection of employees already in the country. To name a few, higher minimum wages with no sub minimum wage, established sick days, layoff rules, and most recently in 2026 CalSavers where companies that did not offer a retirement benefit now must use the state mandated program.

One of the many state employee protections is the California Consumer Privacy Act (CCPA) as of 2023 this covers the rights to employees to opt out of employer’s sale or sharing of their data and the right to limit employer’s use of their sensitive data.

This ordinance as written does not reference these California employee protections. The City is requiring the former owner to hand over sensitive employee data without providing the former employees with the chance to opt out of the sharing or being notified of this data sharing. This can create an ordinance conflict that former employees could sue the former and current employer and the City for sharing data, but if they don’t share the City has a right to penalize the data not being shared.

The City also is not providing any safeguards or making any guarantees that the passing of any employee date from the former employer to the City to the current employer is free from any data breeches. Data sharing through multiple parties increases the risk of a breach of sensitive data.

The Pier and its Business are unique in many ways, and this ordinance looks haven been a cut and paste job from other cities. The Pier is not an airport or a convention center. The cut and pasting to form this ordinance show up when the wrong code section is referenced. It might be minor but for an ordinance that has a major impact, it should be clean. The Municipal Code Section referenced as 9.51.020 should be according to the City’s online ordinance website 9.51.030 (4.66.01q and 4.69.01k).

The Ordinance vague wording also does not provide many working or administrative details of how it will work leaving numerous questions or decisions unanswered. Without the City taking charge of education, providing guidelines, and enforcement of the ordinance and no right to cure provision it will lead to Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 449 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 2 lawyers filing lawsuits, including 3rd parties and frivolous ones, allowed under remedies to answer or extort money from businesses.

Here are just a few or many examples of situations that will occur in business where there are no clear answers in the current wording of the ordinance.

Example: If a former employee was making $25 an hour with no benefits, and is offered a new job at $20 an hour with benefits, could he sue under the retaliatory clause for being paid less per hour even if their new employment package in total is worth more?
Example: If a former employer only is required to provide name, date of hire, and job classification (this ordinance gives no definition of what this means), then how does the new employer contact the former employee to make a written offer?
Example: If a new employer is just moving locations (from Main Street to the Pier) and has a full staff, do they still have to make offers to former employees to be in compliance even if there are no open positions?
The City cannot decide where they stand on creating business and supporting small business. If the City wants to promote that they are a supporter of small business, then the Pier Business to be covered should have the same definition as a “Costal Zone Business” where the bar was set at $5 million gross receipts. Since this amount was set in 2000, it should be adjusted by the CPI to 2026, approx. $9.6 million, and adjusted annually. This approach would eliminate the need to formulate and calculate a count of total actual employees or FTEs that gets complicated when including several variables like seasonal workers, student and intern workers, and part-time workers.

The City and council moved forward with a lack of information on the Pier Businesses show that staff were just pushing as quickly as possible to get this action through to solve nothing and not taking the time to go through the normal process to look at any potential problems or possible damage to the Pier business environment.

This ordinance is trying to fix a problem that does not exist. Employees come and go all the time.

Employees always have the right to apply for an open job. Having a stable workforce requires stable and ongoing businesses. Forcing businesses to hire employees from prior employers creates divisions not unity in the work environment. Long-running successful businesses know how to hire and create a solid workforce, let them do their job and in turn there will be jobs for all.

No Business – No Jobs
Best
David Newberg
Santa Monica Resident
Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 450 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 1 David Yakobson
From: James Harris <[email protected]>
Sent: Tuesday, February 10, 2026 11:51 AM
To: councilmtgitems; Caroline Torosis; Jesse Zwick; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: Oliver Chi; Carter Rubin; Randi Parent; David Newberg; Misti Kerns; Peter Trinh; Julieta Giner; Nicholas Rolston
Subject: Letter from Santa Monica Pier Corporation Board of Directors Regarding February 10, 2026 Council Agenda Item 4.L.

Attachments: City Council Right to Recall Item 02.10.26 final.pdf Honorable Mayor Torosis and Members of the Santa Monica City Council; Attached please find a letter from the Santa Monica Pier Corporation Board of Directors regarding tonight's City Council Agenda Item 4.L.

Thanks, and all best regards,
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Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

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Packet Pg. 451 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 200 SANTA MONICA PIER, SUITE A, SANTA MONICA, CA 90401
1 February 10, 2026
Mayor Carolyn Torosis and Members of the Santa Monica City Council Santa Monica City Hall
1685 Main Street
Santa Monica, CA 90401
Re: Agenda Item 4.L – Second Reading and Adoption, or, in the Alternative, Reintroduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Chapter 4.66 to Provide for Recall of Workers at Hotels on City-Owned Property and Hospitality Businesses on the Santa Monica Pier and Adding Chapter 4.69 to Provide for Retention of Workers at Hospitality Businesses on the Santa Monica Pier Dear Honorable Mayor Torosis and Members of the Santa Monica City Council:

At the February 9, 2026, Meeting of the Santa Monica Pier Corporation Board of Directors, the Board reviewed and discussed the February 10, 2026, City Council Agenda Item 4.L. - Second Reading and Adoption, or, in the Alternative, Reintroduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Chapter 4.66 to Provide for Recall of Workers at Hotels on City-Owned Property and Hospitality Businesses on the Santa Monica Pier and Adding Chapter 4.69 to Provide for Retention of Workers at Hospitality Businesses on the Santa Monica Pier and wishes to express the following advice to the Council.

In the spirit of creating a stable business environment that doesn’t overburden Pier businesses and employees, the SMPC Board is unable to support this ordinance in its current form for the following reasons:
● City staff have not been available to share information and answer questions, despite being on our agenda twice (January 27, 2026 & February 9, 2026) ● The Ordinance which requires disclosure of private employee information does not respect the California Consumer Privacy Act in an employee’s rights to limit the use and protection of their data.

If the proposed Ordinance does move forward, in a further effort to protect small businesses, SMPC recommends the following:

Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 452 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 200 SANTA MONICA PIER, SUITE A, SANTA MONICA, CA 90401
2 ● Setting the threshold for which businesses are covered by the ordinance at the same level as those covered by the “Coastal Zone Business” provisions, with the $5 million annual gross receipts base set in 2000 adjusted for inflation per the CPI, which as of today would be approx. $9.6 million. Then the level should be adjusted annually. This should be used instead of setting a threshold based solely on the number of employees.
● Assigning a city department to provide education, consultation, and guidelines for businesses to clarify the details of how the ordinance works, is monitored, and is enforced.
● Adding provisions allowing businesses to cure alleged violations, providing mediation before litigation to avoid frivolous and third-party lawsuits, and allowing businesses the right to recover attorney’s fees.

Respectfully,
Santa Monica Pier Corporation Board of Directors
Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 453 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 1 David Yakobson
From: Jackie Romero <[email protected]>
Sent: Tuesday, February 10, 2026 12:00 PM
To: councilmtgitems
Subject: Opposition to Agenda Item 4L – Harmful and Unworkable for Pier Restaurants Attachments: CRA Letter_Opposition on R2R_UpdatedFinal.pdf

EXTERNAL
Letter attached from CRA
best,
Jacqueline Romero, MPA
Director, Local Government Affairs
California Restaurant Association
P.O. Box 7423
Long Beach, CA 90807
T: 562.581.4271
[email protected]
While all information released by the California Restaurant Association (CRA) is intended to provide accurate information on the subject covered, the CRA does not provide legal advice and any information provided by the CRA shall not constitute legal advice. You are encouraged to consult your attorney, accountant, or other appropriate professional, as needed.

Confidentiality note:

This electronic message transmission contains information from the California Restaurant Association which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.

If you have received this electronic transmission in error, please immediately notify us by telephone at 800.765.4842.

Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 454 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) February 10, 2026
Honorable Mayor Torosis
Santa Monica City Council
1685 Main Street
Santa Monica, CA 90401
RE: Opposition to Agenda Item 4L – Harmful and Unworkable for Pier Restaurants Dear Mayor Torosis and Councilmembers,
The California Restaurant Association (CRA) represents more than 22,000 neighborhood eating establishments throughout California, and we work continuously to help shape public policy in ways that support a strong and sustainable restaurant community.

I am writing to strongly convey our continued opposition to Agenda Item 4L, the proposed “Recall of Workers and Retention of Workers” ordinance. While this proposal is presented as a way to protect workers, in practice it would seriously harm small restaurant businesses on the Santa Monica Pier and could ultimately lead to fewer jobs, not more.

This ordinance shows a lack of understanding of how businesses and employees on the Pier actually operate. Pier restaurants are not large corporations. They are small businesses that depend on seasonal tourism, weather, special events, and daily fluctuations in visitor traffic. Staffing needs change constantly. Employees often work part-time, seasonally, or in flexible roles. A rigid, one-size-fits-all employment mandate does not match these realities.

The ordinance would require restaurants to rehire former employees before hiring anyone else, even when business needs have changed. It would force employers to wait at least ten days for each former employee to respond to a job offer before moving on to someone else. During that waiting period, restaurants would be unable to fill open positions—even if the job is critical to keeping the business running safely.

In real terms, this means restaurants could be forced to operate short-staffed for weeks. In an industry where every shift matters, this creates serious problems for service, safety, and financial survival. Many restaurants simply cannot afford to wait that long to staff essential roles.

Even more concerning, the ordinance allows private lawsuits for alleged violations. This means small businesses could be sued over paperwork mistakes or technical issues—even if no employee was actually harmed. Most Pier restaurants do not have lawyers or human resources staff. The threat of costly lawsuits alone could force some businesses to close or decide it is no longer feasible to operate on the Pier.

The administrative requirements in this ordinance are also overwhelming. Extensive recordkeeping, notices, postings, and documentation assume that small restaurants have the same resources as large companies. They do not. These requirements pull time and money away from operators who are running their business and keeping people employed.

Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 455 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) It is also important to recognize that Pier employees are not all the same. Many workers rely on flexibility rather than rigid employment rules. Forcing businesses into inflexible rehiring systems may reduce opportunities for seasonal and part-time workers and make employers less willing to hire at all.

In addition to recall requirements, the ordinance’s provisions on employee retention create significant uncertainty for both current and future business owners. For current employers, this could force them to keep employees in positions that are no longer operationally necessary, limiting flexibility and increasing financial strain. For anyone purchasing or taking over a Pier business, the ordinance could require them to retain staff from the previous ownership regardless of their experience, qualifications, or the new owner’s business plan. This uncertainty makes it harder to sell or transfer businesses, discourages new investment, and could reduce the number of viable operators willing to maintain or open restaurants on the Pier.

Taken together, this ordinance creates serious legal risk, operational delays, and financial strain. For some businesses, complying with these rules may be impossible. Such an outcome would hurt workers, business owners, and the City alike.

If adopted as written, this ordinance would introduce significant legal uncertainty due to its rigid restrictions on lawful business operations. Such uncertainty increases the likelihood of disputes and formal challenges, outcomes that are foreseeable and could be avoided through clearer drafting and more careful consideration.

For these reasons, we urge the City Council to reject Agenda Item 4L. At a minimum, the Council should slow down, engage directly with Pier employers, and ensure it truly understands how the Pier workforce and businesses function before imposing new mandates.

Santa Monica should be supporting small businesses and job creation on the Pier—not passing policies that increase uncertainty, legal risk, and the likelihood of closures. For these reasons we ask that you do not adopt this ordinance as written and continue to engage with Pier businesses in good faith.

Sincerely,
Jackie Romero
Director, Local Government Affairs
CA Restaurant Association
Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 456 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 1 David Yakobson
From: Sean Ahaus <[email protected]>
Sent: Tuesday, February 10, 2026 3:06 PM
To: councilmtgitems
Subject: Right to Recall - California Roadhouse, Inc.

EXTERNAL
Dear Members of the Council,
My name is Sean Ahaus, with California Roadhouse, Inc., a family-owned and operated small business opening a new live music venue and restaurant on the Santa Monica Pier.

I. The city's proposed Right to Recall ordinance, which is sponsored by Unite Here Local 11, the same special interest group that has sponsored many political campaigns:

1. Removes or restricts a private business owner’s right to choose who they can and can't employ.

2. Strips fundamental private employment rights out of the hands of trained & qualified small business professionals & reassigns these otherwise private rights to:

A) Unite Here Local 11,
B) Santa Monica City Council, and
C) To Previously Failed Santa Monica Pier Businesses

3. Strips enforcement responsibility of this specific ordinance from the Santa Monica City Attorney’s Office, and places enforcement in the hands of Unite Here Local 11, its members, employees and other non-government people. This is unlike the enforcement of approx. 99% of all other city ordinances, which are currently enforced by the city, and not enforced by Unite Here Local 11, or other non-city persons.

4. Exposes new businesses to frivolous and unjust lawsuits, as it does not currently provide for the reimbursement of defendant legal fees if legal action is brought under a Right to Recall ordinance, even if or when said legal action is dismissed, discharged and/or found to be untrue and/or is unsubstantiated.

5. These proposed restrictions are being imposed on businesses that have no record of ever discriminating against anyone, are being drafted without just cause, they are lacking approprate due process, they reduce and prolong job availability, they reduce the value of businesses on city owned property, they harm the economy, and their alleged need is not evidence based.

Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 457 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) 2 We ask council to reconsider and oppose any Right to Recall ordinances.

II. However, if council moves forward with supporting a Right to Recall Ordinance (RTRO), we ask for the following protections for our residents, workers and businesses alike:

1. Right to Recall Ordinances (RTRO) should also be amended to:

1. Provide for a department within the city that is designated with the responsibility of educating employees, employers and tenants on their rights and obligations under any RTRO.

2. Provide for the City of Santa Monica to enforce RTRO's and not outsource enforcement to Unite Here Local 11, private sector or others.

3. Provide for non-binding, but required city sponsored mediation and remedies before any litigation is brought on by a plaintiff under any RTRO.

4. Prevent frivolous lawsuits. Provide for the full reimbursement of defendant legal fees if legal action is brought under a Right to Recall ordinance, and if said legal action is found to be untrue, dismissed, discharged &/or is otherwise unsubstantiated.

5. City shall indemnify previous and new employers/tenants for any violation of privacy law claims that may be brought on by employees or others as a result of a city mandated RTRO - Including indemnifying tenants for releasing or contacting former employees, and/or for releasing their private information, contact information and/or employment records, without their prior written consent.

6. Exclude small businesses (as defined by US Small Business Administration) from compliance. Similar to the exclusion currently provided to hotels or other businesses that have less than $5,000,000 in revenue (adjusted for inflation from previous levels, and/or as defined as a small business by the US Small Business Administration).

If the intentions of council are in the interests of protecting and promoting Santa Monica workers, the business community that supports them, and our economy, then I have no doubt that council will also be equally concerned with making certain all parties are equally protected from unjust employment practices, malicious prosecution and/or frivolous lawsuits, by including the above 6 protections as amendments.

Thank you for your thoughtful consideration,
Sean Ahaus
California Roadhouse, Inc
213-364-6251
Item 4-L
February 10, 2026
Item 4-L
February 10, 2026

4.L.b
Packet Pg. 458 Attachment: Written Comments [Revision 2] (7540 : Worker Recall Retention Ordinance - Second Reading) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 5.A
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.A
Packet Pg. 459
2 of 2
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council

5.A
Packet Pg. 460
City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 5.F
1 of 1
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): City, et al. v. Waymo LLC, et al.; LASC # 25SMCV06581 Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.F
Packet Pg. 461
1 David Yakobson
From: Sarah Wilson <[email protected]>
Sent: Tuesday, February 10, 2026 9:40 AM
To: councilmtgitems
Subject: Letter in Support of Waymo
Attachments: 2026 Waymo Letter of Support.docx.pdf

EXTERNAL
To whom it may concern,
Please find attached my letter of support for Waymo.

If you need anything additional, please let me know.

Thank you!
Sarah
Sarah Wilson
Executive Director
*Please note I check email at set times throughout the day. If you need to get an immediate response, please call or text.

Harvest Home || where new lives begin
Item 5-F
February 10, 2026
Item 5-F
February 10, 2026

5.F.a
Packet Pg. 462 Attachment: Written Comments (7563 : 5.F. Closed Session: Waymo 6581) Dear Honorable Mayor and City Council,
Harvest Home transforms the lives of unhoused pregnant women and their children by providing safe housing, supportive services, and programs that equip them to thrive as new mothers. In Los Angeles— where thousands of women experience homelessness during pregnancy and specialized shelter beds remain scarce—our work is essential. Our trauma‑informed model includes case management, mental health support, parenting education, and community connection for families navigating some of the most vulnerable moments of their lives.

Our impact is strengthened by partners who share our commitment to dignity, safety, and opportunity.

Waymo is one of those partners. In their time operating in Santa Monica, Waymo has demonstrated a genuine investment in the wellbeing of local residents that extends far beyond transportation. Their engagement shows our families that innovative companies see their potential and are willing to stand alongside them on their path toward stability.

Waymo’s support has been meaningful and consistent—from contributing financially to our programs and participating in our Broadway Voices Unite benefit concert, to showing up at community events.

Notably, their support began even before they were fully operational, underscoring a sincere commitment to strengthening the communities in which they operate. I see Waymo vehicles in our neighborhood every day, and I have peace of mind knowing they offer a safe, reliable, and accessible mobility option. Waymo has provided hundreds of free rides for the pregnant women and new mothers we serve, many of whom lack dependable transportation to attend medical appointments, job interviews, classes, and other essential activities. For them, this is not a convenience; it is a lifeline.

Harvest Home strongly supports Waymo as they continue expanding their services across Southern California. Any disruption to Waymo’s operations in Santa Monica would directly affect the families we serve, limiting their access to a transportation resource that supports their safety, independence, and progress. Reliable mobility is foundational to stability, and Waymo’s service offers our residents peace of mind as they work toward long‑term self‑sufficiency.

With joy and gratitude,
For more information, visit our website at www.harvesthomela.org.

Harvest Home is a 501c3 non-profit. Tax id: 95-4079490
Item 5-F
February 10, 2026
Item 5-F
February 10, 2026

5.F.a
Packet Pg. 463 Attachment: Written Comments (7563 : 5.F. Closed Session: Waymo 6581) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 5.H
1 of 1
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): Waymo LLC v. City; LASC # 25SMCV06541
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.H
Packet Pg. 464
1 David Yakobson
From: Sarah Wilson <[email protected]>
Sent: Tuesday, February 10, 2026 9:40 AM
To: councilmtgitems
Subject: Letter in Support of Waymo
Attachments: 2026 Waymo Letter of Support.docx.pdf

EXTERNAL
To whom it may concern,
Please find attached my letter of support for Waymo.

If you need anything additional, please let me know.

Thank you!
Sarah
Sarah Wilson
Executive Director
*Please note I check email at set times throughout the day. If you need to get an immediate response, please call or text.

Harvest Home || where new lives begin
Item 5-H
February 10, 2026
Item 5-H
February 10, 2026

5.H.a
Packet Pg. 465 Attachment: Written Comments (7564 : 5.H. Closed Session: Waymo 6541) Dear Honorable Mayor and City Council,
Harvest Home transforms the lives of unhoused pregnant women and their children by providing safe housing, supportive services, and programs that equip them to thrive as new mothers. In Los Angeles— where thousands of women experience homelessness during pregnancy and specialized shelter beds remain scarce—our work is essential. Our trauma‑informed model includes case management, mental health support, parenting education, and community connection for families navigating some of the most vulnerable moments of their lives.

Our impact is strengthened by partners who share our commitment to dignity, safety, and opportunity.

Waymo’s support has been meaningful and consistent—from contributing financially to our programs and participating in our Broadway Voices Unite benefit concert, to showing up at community events.

With joy and gratitude,
For more information, visit our website at www.harvesthomela.org.

Harvest Home is a 501c3 non-profit. Tax id: 95-4079490
Item 5-H
February 10, 2026
Item 5-H
February 10, 2026

5.H.a
Packet Pg. 466 Attachment: Written Comments (7564 : 5.H. Closed Session: Waymo 6541) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 5.I
1 of 1
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: 2019 and 1905 Pico Boulevard, Santa Monica, California; City negotiator: Oliver Chi, City Manager; owner of record: Dennis Wylder; persons to be negotiated with: Dennis Wylder; under negotiation: price and terms of payment of lease Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.I
Packet Pg. 467
1 David Yakobson
From: Mathew Millen <[email protected]>
Sent: Monday, February 9, 2026 4:37 PM
To: councilmtgitems
Subject: Feb 10 Item 5 I/ Opposition to Dumping in the Pico Neighborhood Attachments: EAH1413.pdf

EXTERNAL
The State Housing Dept rejected the initial Housing Element because the City dumped low income housing in the historically segregated Pico Neighborhood
that "perpetuated segregation" and the Housing Element did not implement Government Code section 8899.50 Affirmatively Furthering Fair Housing.

Now apparently the city wants to lease 2 apartment buildings on Pico Blvd in the Pico Neighborhood for a Regional Social Services
program, housing the homeless and or mentally ill who arrive in Santa Monica from everywhere.

Attached are the Calls for Service for a one year period for the new EAH Regional Social Services homeless housing project at
1413 Michigan Ave and the Fire Dept responses to health emergencies. Overdoses? Please include these in my comments.

It is time to end Santa Monican's For Renters Rights racist policy of using the Pico Neighborhood to dump Regional Social Services projects that would
not put North of Wilshire Blvd...
respectfully
Mathew Millen
Pico Neighborhood Resident
Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 468 Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 469
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 470
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 471
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 472
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 473
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 474
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 475
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 476
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 477
Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 478 Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 479 Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 480 Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) 1 David Yakobson
From: Marc Verville <[email protected]>
Sent: Tuesday, February 10, 2026 11:01 AM
To: Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Jesse Zwick; Natalya Zernitskaya; Lana Negrete
Cc: Oliver Chi; councilmtgitems
Subject: SMCC 2026-02-10 Item 5.I. - 2019 & 1905 Pico Boulevard - SAMOSHEL relocation to Pico Neighborhood: STOP THIS RELOCATION TO A RESIDENTIAL NEIGHBORHOOD

EXTERNAL
To Santa Monica Council Members,
The relocation of SAMOSHEL to the Pico neighborhood is beyond discriminatory. Moreover, it reflects a continuation of a failed policy that is responsible for tanking the city’s visitor economy, the results of which are becoming more painfully evident in the City’s finances every day.

Homeless migration through the city of Santa Monica has been the kryptonite that has destroyed the visitor economy and the City’s finances. As the Westside location for the County’s Service Provider Area 5 (SPA 5), SAMOSHEL has been a major contributor to Santa Monica becoming a homeless migration destination from throughout LA County. The 13% compliance at our end-of-line station Metro's Tap-to-Exit program ensures that the waves of transient migration through the City, with a demographic that has overlapping 75%+ mental health and substance abuse issues overwhelm these service points and the surrounding city areas.

Why would you locate a facility that is a key driver of Downtown’s economic collapse and arrest activity into a residential neighborhood???
• What do you think is going to happen?
• What do you think the unintended consequences will be? • How will it impact the surrounding community’s safety Due to its visitor-based economy (the only economy it has), Santa Monica is disproportionately impacted by the homeless migrations thorough the city that total at least 5,000 to 6,000 annually. As this is not the case in LA, all homeless destination activities should be relocated out of Santa Monica entirely! Period!
This negotiation must end now, SAMOSHEL relocated out of the city, and this failed and destructive homeless policy immediately jettisoned.

Respectfully,
Marc L. Verville
Sunset Park
Former Chair, Santa Monica Audit Subcomittee
Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 481 Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) 1 David Yakobson
From: Maria Loya <[email protected]>
Sent: Tuesday, February 10, 2026 11:56 AM
To: councilmtgitems; Council Mailbox; Santa Monica City Manager's Office Cc: Brian O'Neil; PNA Freddy Luis; PNA~Kiana Choy; PNA SM; B. Onofre; Gina DeBaca; Esther Hickman; Marisela Herrera; Mary Cornejo; Irma Santiago; Tony Huizar Subject: Closed Session Item I

EXTERNAL
To: The City of Santa Monica Planning Commission
From: Pico Neighborhood Association (PNA), Board of Directors Date: February 10, 2026
Re: Council Agenda Items – Closed Session item I
The Pico Neighborhood Association (PNA) Board of Directors is writing this letter in response to the properties located on 2019 and 1905 Pico Blvd. which will be discussed during closed session. Our City Council will decide on whether to convert these two apartment buildings into a Regional Social Services program that will house mentally ill and drug addicted people that arrive in Santa Monica, with no commitment to prioritize long term residents in need of those services.

This is a concern for us considering that the Pico Neighborhood has the largest concentration of social services that include already housing mentally ill and drug addicted. The most recent development called The Laurel located on 14th and Michigan Ave. is one example of such recent housing developments. This program has attracted drug use and erratic behavior by those mentally ill and drug addicted making it unsafe for the families living in the area. Hundreds of calls to the police and fire department paint a picture of debauchery and neglect that is being created by policy makers in our City.

We ask that the City Council take into account the cumulative impact that Pico Neighborhood residents have endured due to the dumping of undesirable and toxic developments over the years and reject any further placement of this type of housing in our neighborhood. We see this type of housing development as a continued practice of dumping what is undesirable in other parts of Santa Monica on to the Pico Neighborhood. This practice is not only unfair, but it is illegal. In fact, the State Housing Department rejected the initial Housing Element under Government Code section 8899.50 because the city concentrated low-income housing in the historically segregated Pico Neighborhood that perpetuated segregation which violated the Fair Housing Act.

Residents of the Pico Neighborhood deserve to have a good quality of life just like the residents north of Wilshire. Thank you for your time and consideration.

Item 5-I
February 10, 2026
Item 5-I
February 10, 2026

5.I.a
Packet Pg. 482 Attachment: Written Comments [Revision 2] (7561 : 5.I. Closed Session: D.Wylder) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 5.J
1 of 1
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: 2020 14th Street, Santa Monica, California; City negotiator: Oliver Chi, City Manager; owner of record: Thea Cappiccille; persons to be negotiated with:

Thea Cappiccille; under negotiation: price and terms of payment of lease Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.J
Packet Pg. 483
1 David Yakobson
From: [email protected]
Sent: Monday, February 9, 2026 8:44 PM
To: councilmtgitems; Caroline Torosis; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; Oliver Chi
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: FOSP: City Council 2/10/26 item 5-J (Palm Motel at 2020 14th Street)

EXTERNAL
February 8, 2026
To: Mayor Torosis, City Councilmembers, and City Manager Chi From: Board of Directors, Friends of Sunset Park
RE: 2/10/26 Closed Session Items 5-I and 5-J
The FOSP Board would like to know why the city is negotiating for the property at 2020 14th Street (the Palm Motel), which in our neighborhood, as well as the properties at 2019 and 1905 Pico Blvd., which are across the street from our neighborhood.

We have received no notification as to why the city is planning to lease or purchase the 2020 14th Street property.

Thank you for your consideration.
5-
I.

Conference with real estate negotiator - Gov. Code § 54956.8; property: 2019 and 1905 Pico Boulevard, Santa Monica, California; City negotiator: Oliver Chi, City Manager; owner of record: Dennis W
ylder; persons to be negotiated with: Dennis Wylder; under negotiation: price and terms of payment of lease
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14th Street,
Item 5-J
February 10, 2026
Item 5-J
February 10, 2026

5.J.a
Packet Pg. 484 Attachment: Written Comments (7562 : 5.J. Closed Session: T. Cappiccille) 2 Santa Monica,
California; City
negotiator:

Oliver Chi, City
Manager;
owner of
record: Thea
Cappiccille;
persons to be
negotiated
with: Thea
Cappiccille;
under
negotiation:
price and terms
of payment of
lease
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Item 5-J
February 10, 2026
Item 5-J
February 10, 2026

5.J.a
Packet Pg. 485 Attachment: Written Comments (7562 : 5.J. Closed Session: T. Cappiccille) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 5.K
1 of 1
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:
1333 4th/1324 5th Street (“4th/5th/Arizona”) and 1234 4th Street (“Parking Structure 1”), Santa Monica, California; City negotiators: Natalie Verlinich, Housing Manager, and Agustin Aleman, Senior Development Analyst; owner of record: City of Santa Monica; persons to be negotiated with: Mee Heh Risdon, Director of Housing, A Community of Friends; Jeff Edgren, Director of Acquisitions, Affirmed Housing; Frank Chang, Vice President of Acquisitions, Linc Housing; Gary Steinhardt, Metropolitan Pacific Real Estate Group; Jay Stark, Principal, The Pinyon Group; Bill Witte, CEO, Related California; David Grunwald, Executive Vice President, RMG Housing; Steven Spielberg, Senior Vice President, Alliant Communities; Andrew Bueno, Bueno Group; Charles Cohen, Project Manager, EAH, Inc.; Daniel Hanasab, Principal, Orum Capital; Luis de la Rosa, Pacific Urbanism; Shant Samuelian, Samuelian Group; Jason Yap, Director of Acquisitions, Sola Impact; Anup Patel, Director of Real Estate Development, West Hollywood Community Housing Corporation; Hunter Simmons, Partner, Bridge Realty Advisors; Mike Lanza, Project Manager, People Assisting the Homeless; Ian Fishburn, Managing Director, Vitruvian Development; under negotiation: disposition of property, price and terms of payment
Prepared By: Andrew Cabello, Legal Assistant
Approved Forwarded to Council
Attachments:

A. Written Comments

5.K
Packet Pg. 486
1 David Yakobson
From: [email protected]
Sent: Monday, February 9, 2026 10:24 AM
To: Council Mailbox; councilmtgitems; Caroline Torosis; Jesse Zwick; Lana Negrete; Barry Snell; Dan Hall; Ellis Raskin; Natalya Zernitskaya
Cc: Oliver Chi; Heidi von Tongeln
Subject: SMCLC Objections to 2.10/26 Closed Session 5k for 4th/5th and Arizona Attachments: 4th5thArizonaCouncil2.09.26.pdf

EXTERNAL
Good morning,
Attached please find SMCLC’s letter objecting to tomorrow’s closed session for 4th/5th and Arizona for the reasons outlined in our letter.

Unless these discussions preclude any housing on this site, Councilmember Zwick must be excluded.

Thank you.

Diana Gordon for SMCLC
Item 5-K
February 10, 2026
Item 5-K
February 10, 2026

5.K.a
Packet Pg. 487 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) February 9, 2026
Santa Monica City Council
RE: City Council Closed Session Agenda item 5k
SMCLC strongly objects to any proposal to privatize the land at 4th/5th and Arizona in a closed session process.

This is the last remaining large parcel of undeveloped public land in our downtown.

Starting in 2019, SMCLC and other groups throughout the city, organized widespread opposition to the City’s wildly unpopular plans to privatize this public land with a huge, mostly commercial project.

In 2020 the City Council finally voted to end negotiations with the developer and to require a public process for future plans for the site. Likewise, SMCLC prevailed in its lawsuit over the City’s refusal to comply with state law that it could not dispose of this valuable public property without considering alternatives for the site, including open public space.

As the largest and most important remaining publicly owned site in our downtown, any proposed project would necessitate the fullest community review and a comprehensive environmental analysis of the project’s impacts, as well as reasonable alternatives that would lessen those impacts.

Before any commitment to lease or sell this land, the public is entitled to accurate, complete, and unbiased information to facilitate meaningful public participation and, ultimately, a public vote. The City has already set the precedent for a public vote on the use of airport land - land owned by residents. We expect no less here.

As the City prioritizes a massive increase in housing density, especially downtown, it must also prioritize retaining ownership and expanding public recreational space. Santa Monicans are entitled to the same level of open space commonly found in all great cities.

For these reasons, it’s time to have an open community process to decide what options should be pursued for our public land, a process that includes residents from the beginning, rather than after a project has been shaped in secret.

Lastly, unless these discussions preclude ANY housing on this site, Councilmember Zwick must be excluded from this and future sessions.

Diana Gordon and Victor Fresco
Co-Chairs
Cc: Heidi von Tongeln
Oliver Chi
Neighborhood Associations
Item 5-K
February 10, 2026
Item 5-K
February 10, 2026

5.K.a
Packet Pg. 488 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 2 David Yakobson
From: Ann Hoover <[email protected]>
Sent: Sunday, February 8, 2026 9:46 AM
To: councilmtgitems; Caroline Torosis; Dan Hall; Lana Negrete; Barry Snell; Ellis Raskin; Natalya Zernitskaya; Jesse Zwick; Oliver Chi
Cc: Peter James; Susan Cline; Oscar Santiago; Jing Yeo; Heather Averick; Natalie Verlinich; Jennifer Taylor; Nia Tang; Agustin Aleman
Subject: February 10, 2026 Council Meeting - CLOSED SESSION Item 5.K. - 4th/5th & Arizona & Parking Structure - NO SALE! GROUND LEASE ONLY!

EXTERNAL
Resubmitting this public comment from January 27, 2026 - NO SALE PLEASE OF OUR CITYOWNED LANDS; when you sell our public land and publicly-owned assets you constrict and compromise Santa Monica's future. Please do not be short-sighted. Our City should own this land 150 years from now. None of us can predict the future. Let's please have a care for those who come after us.

THANK YOU! Best, Ann Bowman, resident 29 years
Dear Mayor Torosis, Mr. Chi, and Councilmembers -
Regarding this closed session real estate negotiation about City-owned land at 4th/5th & Arizona... ...I strongly urge you please never to sell this public land at 4th/5th & Arizona, if that's what on the table tomorrow night. Please only consider a long-term ground lease.

Why? We owe it to the future financial health of our City not to deplete our City's property inventory today.

We have a fiduciary responsibility to preserve opportunities and flexibility for our City to meet its future needs, both decades or even a century from now. This is a huge, marquee property. So please only consider a long-term lease structure, not a sale.

To wit - Many in the community including me were shocked to learn recently that the City inconceivably deeded the contentious Ocean Avenue properties to Community Corp. back in 2016.

Deeded ocean-view properties!! That was an action, presumably, of the "Gleam Davis crony capitalism and public land privatization Council". I believe it is short-sighted and irresponsible to hand over City-owned properties that will only continue to skyrocket in value over time in what is a land-locked City.

Please preserve the City's ownership of our public lands for an as-yet unknowable future.

N.B. - As a result of so many land transfers in the past 10-20 years, Community Corp likely has a billion dollar+ real estate portfolio. And we have just seen they may have been poised to sell Item 5-K
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Packet Pg. 489 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 3 out to a developer with an extremely bad reputation who you fired from the DTSM Board of Directors. Argh!!
Long-term lease ONLY, please!!!
THANK YOU SO MUCH!
Best, Ann Bowman
Resident, 29 years
G.

Conference with real estate negotiator - Gov. Code § 54956.8; property:

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1333 4th/1324 5th Street (“4th/5th/Arizona”) and 1234 4th Street ("Parking Structure 1), Santa Monica, California; City negotiators: Natalie Verlinich, Housing Manager, and Agustin Aleman, Senior Development Analyst; owner of record: City of Santa Monica; persons to be negotiated with: Mee Heh Risdon, Director of Housing, A Community of Friends; Jeff Edgren, Director of Acquisitions, Affirmed Housing; Frank Chang, Vice President of Acquisitions, Linc Housing; Gary Steinhardt, Metropolitan Pacific Real Estate Group; Jay Stark, Principal, The Pinyon Group; Bill Witte, CEO, Related California; David Grunwald, Executive Vice President, RMG Housing; Steven Spielberg, Senior Vice President, Alliant Communities; Andrew Bueno, Bueno Group; Charles Cohen, Project Manager, EAH, Inc.; Daniel Hanasab, Principal, Orum Capital; Luis de la Rosa, Pacific Urbanism; Shant Samuelian, Samuelian Group; Jason Yap, Director of Acquisitions, Sola Impact; Anup Patel, Director of Real Estate Development, West Hollywood Community Housing Corporation; Hunter Simmons, Partner, Bridge Realty Advisors; Mike Lanza, Project Manager, People Assisting the Homeless; Ian Fishburn, Managing Director, Vitruvian Development; under negotiation: disposition of property, price and terms of payment
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Item 5-K
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February 10, 2026

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Packet Pg. 490 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 1 David Yakobson
From: Mathew Millen <[email protected]>
Sent: Monday, February 9, 2026 4:40 PM
To: councilmtgitems
Subject: Feb 10 Item 5K
Attachments: EAH1413.pdf

EXTERNAL
I am opposed to using the 4th St project for low income housing Homeless Regional Social Services...attached for inclusion are the calls for
service for the EAH Homeless Housing project at 1413 Michigan Ave...don't make the same mistake again.. if you want these services
build it North of Wilshire Blvd...
mathew millen
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Packet Pg. 502 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 1 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, February 10, 2026 9:50 AM
To: Caroline Torosis; Lana Negrete; Ellis Raskin; Barry Snell; Dan Hall; Natalya Zernitskaya; Jesse Zwick; councilmtgitems
Cc: Oliver Chi
Subject: City Council Meeting - 2/10 - Item 5K - Closed Session - 1333 4th/1324 5th Street - Wilmont Board requests a public process to determine the future use of this land as promised by City Council

EXTERNAL
Dear Mayor Torosis and Council members,
The Board of the Wilshire Montana Neighborhood Coalition (Wilmont) strongly endorses the SMCLC letter below. We agree the direction of discussion on this property should be a public process for the determination of the 4th/5th and Arizona city property as promised. The use of a closed session lacks the transparency and accountability that Council promises as part of its governance approach.

Many thanks,
Wilmont Board
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Packet Pg. 505 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 4 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, February 10, 2026 10:11 AM
To: Caroline Torosis; Lana Negrete; Barry Snell; Ellis Raskin; Natalya Zernitskaya; Dan Hall; Jesse Zwick; councilmtgitems
Cc: Oliver Chi
Subject: City Council meeting 2/10/2025 - Closed Session 5K - 4th/5th and Arizona city property discussion - Please make this a public process and move forward with transparency and accountability governance framework you promote

EXTERNAL
Dear Mayor Torosis, Councilmembers and City Manager Chi, I request that you move Closed Session Item 5K into a public process. This city property should not be clouded with uncertainty about how decisions were made, who made them and what third parties were involved. The use of a closed session for this large piece of property goes against all promises of transparency and accountability made by Council.

Why? We owe it to the future financial health of our City to at least have a public discussion not to deplete our city's property inventory today. As well, this property is the heart of Santa Monica. We have a fiduciary responsibility to preserve opportunities and flexibility for our city to meet its future needs, both decades and even a century from now. This is a huge, marquee property. So please move this item into public discussion.

I was surprised to learn recently that the City inconceivably deeded two contentious Ocean Avenue properties to Community Corp. back in 2016. Deeded ocean-view properties! That action and presumably the lack of transparency of it continues to make residents question the promises of transparency and accountability, something it has been impeling neighborhood groups to do. In addition, there have been two Ocean Ave. properties used by a developer to land bank these properties until they could receive higher development thresholds and we have seen a mental health facility, sober living and "prisoner" housing, as defined by the city, try to be located there with no risk requirement analysis or assessment on the neighborhood. I believe it is short-sighted and irresponsible to hand over City-owned properties that will only continue to skyrocket in value over time in what is a land-locked, three-sided City.

Please preserve the City's ownership of our public lands for an as-yet unknowable future.

With respect to Community Corp and as a result of so many land transfers in the past 10-20 years to Community Corp it is a possibility that it has a billion dollar+ real estate portfolio. And we have just seen they may have been poised to sell out to a developer with an extremely bad reputation who you fired from the DTSM Board of Directors. I would request that Councilmember Snell as Chair of the Audit Sub-Committee identify as a key project for the internal auditors an effort to understand the current state of Community Corporation's Santa Monica real estate footprint/portfolio, 10 year Santa Monica city build/facility management plan and overall assessment of transparency, accountability and ongoing reporting to Santa Monica City Council and residents.

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Packet Pg. 506 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 5 Finally, with respect to city land and the two and half year Santa Monica Realignment Plan passed in October 2025, I would request that the pro forma income statement for this massive program provide a detailed budget of revenue sources and expenses for it. The original Realignment Plan document outlined specific expenses but did not forecast how much revenue (one-time or ongoing) would be generated from the revenue sources discussed and had little numerical specificity. In this way we will know how much of that revenue is one-time i.e., from reserves, selling public land, selling/leasing city rights to private companies, etc. The city needs to be clear about its targets and forecasting to ensure the promises of transparency and accountability in its actions and reporting. We should be tracking, ensuring and reporting the revenue sources generated from the Realignment Plan are growing in the ongoing revenue category and provides a sustainable financial future or discuss other options, openly and on a timely basis.

Many thanks,
Elizabeth Van Denburgh
Wilmont, 45 years
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Packet Pg. 507 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) 1 David Yakobson
From: John Cyrus Smith <[email protected]>
Sent: Tuesday, February 10, 2026 12:13 PM
To: councilmtgitems; Natalya Zernitskaya; Ellis Raskin; Jesse Zwick; [email protected]; Lana Negrete; Dan Hall; Caroline Torosis Subject: Item 5.K 4th 5th AZ
Attachments: 4 5 AZ Goldman design.jpg; DCP PARK.PNG

EXTERNAL
Dear Mayor, Council members, City Manager Chi,
This public property should serve our entire community, not only a selected few.

There are far better uses for these precious 2.9 acres in the very heart of our Downtown.

See the Goldman design. Then read a vision from 2017.

Thank you for all the work it takes to truly understand this and so many other issues.

John Cyrus Smith
[email protected]

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Packet Pg. 510 Attachment: Written Comments [Revision 3] (7555 : 1333 4th) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 12.A
1 of 4
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance to Extend Interim Zoning Regulations Related to Outdoor Dining and Seating on Sidewalks, to Promote Economic Recovery by Simplifying the City’s Outdoor Dining Program
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant environmental effects pursuant to Section 15061(b)(3) (Common Sense Exemption) and findings of categorical exemptions pursuant to Sections 15301 and 15305 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for First Reading an Interim Zoning Ordinance (IZO) Extending IZO Number 2837 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.

Summary
Following Council’s November 18, 2025 adoption of an Interim Zoning Ordinance to promote economic recovery by simplifying the City’s outdoor dining program, the Interim Zoning Ordinance must be adopted again to extend the ordinance from its original 60 days for an additional 180 days to enable the process to permanently change the zoning ordinance.

Background
On November 18, 2025, the City Council adopted Interim Zoning Ordinance (IZO) Number 2837, which amended Santa Monica Municipal Code (SMMC) Section

9.31.200, Outdoor Dining and Seating on Sidewalks, to promote economic recovery by

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simplifying the City’s outdoor dining program.

IZO Number 2837 made limited amendments to SMMC Section 9.31.200 by deleting redundant design standards and consolidating them within the Sidewalk Dining Guidelines. This streamlining improves clarity and allows design standards to be updated administratively while maintaining safety, accessibility, and consistency in the public right-of-way.

IZO Number 2837 became effective 30 days after adoption and expires 60 days after its effective date. Staff recommends extending IZO Number 2837 for 180 days to allow the proposed amendments to move through the typical Zoning Amendment and codification process. Staff presented the proposed amendments to the Planning Commission at its January 21, 2026, regular meeting, and the proposed amendments are anticipated to return to City Council on February 24, 2026.

Past Council Actions:

Meeting Date Description
October 28, 2025 Introduce for First Reading an Interim Zoning Ordinance 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 (Part of Santa Monica Realignment Plan)
November 18, 2025 Second Reading and Adoption of an Interim Zoning Ordinance 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
Environmental Review
The proposed IZO extension is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3), 15301, and 15305 of the CEQA Guidelines. Section 15061(b)(3) 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 IZO extension is administrative in nature. Therefore, it can be seen with certainty that the proposed modification would not

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result in adverse physical impacts on the environment, and as such, is exempt from CEQA. Additionally, the IZO extension is exempt pursuant to Section 15301 of CEQA Guidelines (Class 1 Existing Facilities), which provides an exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Projects that fall into this class of exemption include alterations to existing streets, sidewalks, gutter, bicycle facilities, and other similar facilities and additions of safety or health protection during for use in conjunction with existing facilities. The IZO extension is also exempt pursuant to Section 15305 of the CEQA Guidelines (Class 5 Minor Alterations in Land Use Limitations), which exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The proposed amendments would allow for flexibility for sidewalk dining by deleting redundant design standards and consolidating them within the Sidewalk Dining Guidelines. No expansion of the existing land uses is proposed. Therefore, the proposed amendments qualify under the Class 1 and Class 5 exemptions.

Financial Impacts and Budget Actions
No immediate financial impacts or budget actions are necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

Prepared By: Ross Fehrman, Acting Planning Manager
Approved Forwarded to Council

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Attachments:

A. 2026.02.10 - Sidewalk Dining IZO Extension

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1 City Council Meeting: February 10, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING ORDINANCE NUMBER 2837 AND 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
WHEREAS, outdoor dining and seating have long been fixtures in Santa Monica’s commercial districts; and
WHEREAS, sidewalk dining repurposes the sidewalk abutting a dining establishment into an extension of the business where food may be served; and WHEREAS, sidewalk dining activates sidewalks, promotes restaurants, and generates foot traffic that benefits nearby businesses; and WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency Services (“Director of Emergency Services”), proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate the City’s response to the novel coronavirus (“COVID-19”), and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”)’ and
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

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Packet Pg. 515 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 2 performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020 Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and 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, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los

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Packet Pg. 516 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 3 Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, based upon these events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and such emergency conditions required the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the

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Packet Pg. 517 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 4 Existence of a Local Emergency (“Palisades Fire Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and WHEREAS, pursuant to the Emergency Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, since January 8, 2025, the City has issued Seven Supplements to that Palisades Fire Executive Order; and
WHEREAS, these Supplements have included, but are not limited to, provisions that: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) waive or reduce license fees for outdoor dining areas, sidewalk dining, parklets,

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Packet Pg. 518 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 5 and pier deck extended dining; and 3) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and

9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service; and
WHEREAS, although the immediate COVID-19 and fire dangers have subsided, local businesses have reported that they are still experiencing economic impacts from these incidents and continue to face resulting 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 unique dining, retail, and entertainment uses; and WHEREAS, as restaurant and entertainment environments across the region and county continue to evolve, there is a need to adjust allowed uses and dining and entertainment options to enable economic recovery and provide increased flexibility to minimize vacancies throughout the City; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts, threaten the health, safety, and economic welfare of the City’s citizens and businesses; and

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Packet Pg. 519 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 6 WHEREAS, in connection with the City’s economic recovery efforts and to support flexibility for new and existing businesses, on November 18, 2025, City Council adopted Interim Zoning Ordinance (“IZO”) Number 2837; and
WHEREAS, IZO Number 2837 includes proposed amendments to Santa Monica Municipal Code Section 9.31.200 (“Section 9.31.200”) to remove duplicative design standards and consolidate them into the Sidewalk Design Guidelines in order to promote economic recovery by simplifying the City’s Outdoor Dining Program; and WHEREAS, this IZO removes certain design-related standards, specifically Section 9.31.200, subsections F (barriers), G (fixtures), and H (fixtures), in favor of the existing Sidewalk Design Guidelines already authorized by the same Code section; and WHEREAS, removal of these design guidelines from the Section 9.31.200 avoids potential conflicts between the Municipal Code and the Sidewalk Design Guidelines, will not result in substantial changes to the design of sidewalk dining, consolidates the standards in one place, and allows for minor modifications going forward to provide flexibility for businesses considering sidewalk dining opportunities; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, allowing businesses to utilize outdoor space has shown to be important for business retention; and

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Packet Pg. 520 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 7 WHEREAS, the City has a significant public interest in maintaining flexibility for business while ensuring these outdoor spaces do not negatively impact the City’s property or other surrounding locations; and
WHEREAS, the IZO amendments amending standards and requirements for outdoor dining supports local business retention and promotes new business opportunities citywide, addressing needs of the business community and residents; and WHEREAS, on January 21, 2026, the Planning Commissioner adopted Resolution of Recommendation Number 26-001 (PCS), which recommended that the City Council:
(1) Permanently Adopt Economic Recovery Interim Zoning Ordinance 2825 (CCS); and (2) Amend the Text of Article 9 of the Santa Monica Municipal Code to Promote Economic Recovery and Increase Land Use Flexibility in the City’s Downtown and Citywide areas by Streamlining, Simplifying, and Modifying Land Uses and Limitations, Updating Standards for Specific Uses and Activities, Including, But Not Limited to, Alcohol Permits and Review, Modifying Definitions, Adding Flexibility for Certain Non-Conforming Uses, Adjusting Standards Regarding the Applicability of Resource Recovery and Recycling Requirements and Trash Enclosure Dimensional Standards, and Making Other Minor Changes, Corrections, Clarifications, and Clerical Amendments; and WHEREAS, included in Resolution of Recommendation Number 26-001 are proposed amendments to Santa Monica Municipal Code Section 9.31.200, Outdoor Dining on Sidewalks, to promote economic recovery by simplifying the City’s Outdoor Dining Program proposed in IZO Number 2837; and;
WHEREAS, the proposed amendments are currently set to be presented to City Council on or about February 24, 2026; and

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Packet Pg. 521 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 8 WHEREAS, to ensure consistency of application of the requirements for Outdoor Dining on Sidewalks, City Council now desires to extend IZO Number 2837 as the proposed Zoning Ordinance amendments move through the City’s codification process; and
WHEREAS, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists due to the devastating impact that the COVID-19-mandated closures and the Palisades Fire Emergency have had on the City’s restaurants and dining establishments, such that compliance with the current potentially conflicting standards in Section 9.31.200 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 9.31.200 is hereby amended to read as follows:
§ 9.31.200. Outdoor Dining and Seating on Sidewalks.

Outdoor dining and seating on sidewalks shall be designed, located, and operated consistent with the following standards:

A. Purpose. The purpose of this Section is to permit outdoor dining and seating that enhances the pedestrian ambiance of the City while not adversely impacting adjacent properties or surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.

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Packet Pg. 522 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 9 B. Applicability. The provisions of this Section shall apply to all new outdoor dining and seating areas on public rights-of-way, such as sidewalks, and to all existing outdoor dining and seating areas that are expanded.

C. Procedure. The establishment of an outdoor dining and seating area requires Zoning Conformance Review, pursuant to the procedures of Chapter 9.38, Zoning Conformance Review, to ensure consistency with all of the standards of this Section unless such review has been conducted in conjunction with discretionary review of the associated commercial use and issuance of a Sidewalk Dining Permit.

D. Accessory Use. Permanent outdoor dining and seating shall be conducted as an accessory use to a legally established eating and drinking establishment located on the public right-of-way immediately adjacent to the tenant space.

E. License Agreement. A license agreement for outdoor dining and seating on the public right-of-way shall be approved in a form required by the City.

F. Compliance with Design Guidelines. Outdoor dining and seating shall comply with all applicable adopted design standards and guidelines, including, but not limited to:

1. The Citywide Sidewalk Dining Guidelines;

2. The Sidewalk Dining Standards for the Third Street Promenade; and

3. The Sidewalk Dining Standards for Ocean Avenue.

The Planning Director or designee may promulgate guidelines, which may include, but are not limited to, eligible uses and sites, outdoor dining configuration, design standards, and operational standards to implement the provisions of this Chapter.

No person shall fail to comply with any such regulation.

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Packet Pg. 523 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 10 G. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from, the sidewalk café on the public sidewalk or public right-of-way. Sidewalk dining and seating areas shall remain clear of litter at all times.

H. Hours of Operation. The hours of operation of the outdoor dining and seating shall be limited to the hours of operation of the associated restaurant, other eating and drinking establishment, or commercial use.

I. Parking. Parking shall not be required for outdoor dining and seating on sidewalks permitted pursuant to this Section.

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.

12.A.a
Packet Pg. 524 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's 11 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.

SECTION 5. This Ordinance is effective as of February 16, 2026 and shall be of no further force and effect 180 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 Tonglen
Interim City Attorney

12.A.a
Packet Pg. 525 Attachment: 2026.02.10 - Sidewalk Dining IZO Extension [Revision 1] (7484 : Extension of Interim Zoning Ordinance Amending the City's City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Recommendation to appoint new Housing Authority Board member due to Belinda L. Phillips ineligibility from the City’s voucher program, and authorize the City Clerk to publish the vacancy
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Email

16.A
Packet Pg. 526
1 David Yakobson
From: Patrick Komesu
Sent: Wednesday, February 4, 2026 1:24 PM
To: David Yakobson
Subject: Housing Authority Board Member
Hello David
I am reaching out to request the appointment of a new Housing Authority Board member to replace Belinda Phillips, as she is no longer an active participant in our voucher programs.

Please let me know the next steps for moving forward with this update.

Housing Authority Programs Manager
Patrick Komesu
(310) 458-2201 Ext. 6025
santamonica.gov
Facebook | Twitter | Instagram
Subscribe to City of Santa Monica Email Updates

16.A.a
Packet Pg. 527 Attachment: Email (7552 : 16.A. Rescind Housing Authority Board Appointment - Belinda L Phillips (5 mins)) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Request of Councilmember Raskin, Mayor Torosis, and Councilmember Hall to direct that the City Manager Deprioritize and Pause Analysis on Mills Act and Structure of Merit Revision Considerations, and to align Landmarks work plans with the implementation of the Landmarks Commission’s recommendations in “A Place for Everyone in Santa Monica’s History.” Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council
Attachments:

A. 20260210- 16 Item - Deprioritize and Pause on Mills Act and Structure of Merit Revisions
B. Written Comments

16.B
Packet Pg. 528
Council Meeting: February 10, 2026
16 ITEM BY COUNCILMEMBER RASKIN, MAYOR TOROSIS, AND COUNCILMEMBER HALL Request of Councilmember Raskin, Mayor Torosis, and Councilmember Hall to direct that the City Manager Deprioritize and Pause Analysis on Mills Act and Structure of Merit Revision Considerations, and to align Landmarks work plans with the implementation of the Landmarks Commission’s recommendations in “A Place for Everyone in Santa Monica’s History.”
On February 11, 2025, the Landmarks Commission presented the report to City Council titled “A Place for Everyone in Santa Monica’s History” and Council passed direction to Staff to begin implementation of all recommendations. This was followed by direction from the City Council on March 11, 2025 to return within one year with direction to implement recommendation Nos. 2 and 3.

On October 28, 2025, the City Council directed staff to identify potential options for revising the City’s Mills Act program, including possible changes to financial incentives associated with historic preservation.

Subsequent discussion and community feedback have highlighted the need to provide stability and predictability in the City’s historic preservation framework, at least for the remainder of the current year, given the timelines associated with processing Mills Act property tax adjustments. Further, taking into account recent Council direction identifying new workplan priorities for staff, we are requesting that the City Council direct the City Manager to pause and deprioritize work efforts related to possible revisions for the City’s Mills Act program and Structure of Merit designation criteria, and to extend any applicable deadlines to implement Landmarks Commission recommendations Nos. 2 and 3.

16.B.a
Packet Pg. 529 Attachment: 20260210- 16 Item - Deprioritize and Pause on Mills Act and Structure of Merit Revisions (7551 : Deprioritize and Pause Analysis on 1 David Yakobson
From: Nina Fresco <[email protected]>
Sent: Monday, February 9, 2026 5:43 PM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick
Cc: Nina Fresco; Oliver Chi
Subject: Item 16b: Aligning Study of Aspects of the Landmarks Program Attachments: 2026-0210-CityCouncilLetter-Item16DelayingMillsActStudy.pdf

EXTERNAL
Dear City Council and City Manager,
The attached letter includes the recommendations of the Santa Monica Conservancy regarding Item 16b:

Request of Councilmember Raskin, Mayor Torosis, and Councilmember Hall to direct that the City Manager Deprioritize and Pause Analysis on Mills Act and Structure of Merit Revision Considerations, and to align Landmarks work plans with the implementation of the Landmarks Commission’s recommendations in “A Place for Everyone in Santa Monica’s History.”
Sincerely,
Nina Fresco
Nina Fresco
Vice-President
Santa Monica Conservancy
Item 16-B
February 10, 2026
Item 16-B
February 10, 2026

16.B.b
Packet Pg. 530 Attachment: Written Comments [Revision 2] (7551 : Deprioritize and Pause Analysis on Mills Act and Structure of Merit) 2520 SECOND STREET
SANTA MONICA, CA 90405
310-496-3146
www.smconservancy.org
Re: Item 16 Regarding the Mills Act Study and Other Historic Preservation Program Matters February 10, 2026
Dear City Council,
The Santa Monica Conservancy supports the pause and deprioritization of the Mills Act Program study proposed in the 16 Item tonight. Taking it one step further, we strongly advise against any more piecemeal changes to the Landmarks Ordinance or its associated programs and policies until the city can allocate sufficient resources to review the program holistically and restore the currently skewed balance between incentives and regulations.

Recently, hearings at the Landmarks Commission and City Council have brought to light a number of additional aspects of the preservation program that warrant review. The Conservancy has been aware of these issues for many years. Going forward the city needs to invest sufficient resources to examine the whole Landmarks Ordinance and its associated programs and policies to ensure that the balance between incentives and regulations is restored and the program becomes functional again.

The 16 Item proposes putting the discussion off for one year to allow implementation of the preservation equity recommendations in the A Place for Everyone in Santa Monica History report to begin. These recommendations are intended to bring access back to the program and so acting on them alone would not necessarily be in contradiction with this request. But, if the ordinance is subsequently changed, the work on the preservation equity recommendations would have to be realigned, duplicating efforts and wasting resources.

Best practice would be to update our ordinance and embed new programs and policies, so everything works together to ensure that our qualifying historic places are preserved according to the values and priorities of the City of Santa Monica. Let’s create a program with a balance between incentives and regulations that inspires broad participation.

Sincerely,
Mario Fonda-Bonardi
Board President
Santa Monica Conservancy
Item 16-B
February 10, 2026
Item 16-B
February 10, 2026

16.B.b
Packet Pg. 531 Attachment: Written Comments [Revision 2] (7551 : Deprioritize and Pause Analysis on Mills Act and Structure of Merit) 1 David Yakobson
From: Mike Terranova <[email protected]>
Sent: Tuesday, February 10, 2026 11:58 AM
To: councilmtgitems; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Jesse Zwick; Dan Hall; Barry Snell; Lana Negrete
Subject: Agenda Item 16B

EXTERNAL
Mayor Torosis, Mayor Pro Tem Zwick, and Councilmembers, We don’t need to continue the Mills Act analysis to know what to do here. Just pause the Mills Act program, as other cities already have. Long Beach paused its program when there were financial and resource constraints in the past, and Berkeley recently (as of Nov 2025) did the same amid budget shortfalls and growing concern that Mills Act tax relief primarily subsidizes wealthy property owners rather than addressing real financial distress. Berkeley’s pause was driven by fiscal reality and equity, not hostility to preservation, and it was the right call. (See:
https://www.dailycal.org/news/city/city-government/budget-crunch-prompts-city-council-toreconsider-tax-relief-for-historic-preservation/article_d6544d09-b6e7-44c9-afe7-e8233b683f38.html )
A temporary hiatus is a responsible, common-sense step when public resources are strained.

Continuing to approve new Mills Act contracts today simply locks in inequitable tax subsidies while diverting revenue from services that benefit everyone.

Item 16-B
February 10, 2026
Item 16-B
February 10, 2026

16.B.b
Packet Pg. 532 Attachment: Written Comments [Revision 2] (7551 : Deprioritize and Pause Analysis on Mills Act and Structure of Merit) 1 David Yakobson
From: Connor Webb <[email protected]>
Sent: Tuesday, February 10, 2026 12:15 PM
To: Dan Hall; Jesse Zwick; Caroline Torosis; Barry Snell; Ellis Raskin; Natalya Zernitskaya; Lana Negrete; councilmtgitems
Subject: Oppose Item 16B
Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
Dear Mayor Torosis and City Council,
I strongly oppose item 16B, which seeks to kick the can on Millis Act reform. The Mills Act likely costs the city and the school district millions of dollars per year. These subsidies include things like renovations on mansions worth $10M+.

The city has the audacity to subsidize these wealthy homeowners and simultaneously suggest a flat parcel tax that is the same for the ultra-wealthy with multi-million dollar mansions and lower income homeowners with modest homes on small lots.

The message is clear, Santa Monica supports tax breaks for the richest members in one of the wealthiest communities in the country while fighting for regressive taxes to fund the education of our children. That is not a message I am willing to tolerate, and I do not believe it is reflective of our city's values.

Millis Act reform cannot wait, especially in the current fiscal context of the city and school district.

Please vote no on item 16B.

Sincerely,
Connor Webb
Mid-City, 90404
Item 16-B
February 10, 2026
Item 16-B
February 10, 2026

16.B.b
Packet Pg. 533 Attachment: Written Comments [Revision 2] (7551 : Deprioritize and Pause Analysis on Mills Act and Structure of Merit) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Request of Mayor Torosis, Mayor Pro Tempore Zwick, and Councilmember Hall, in light of the city’s failure to reduce traffic injuries and fatalities in the ten years following its “Vision Zero” commitment in 2016, that the City Council direct the City Manager to work with staff on a reimagined plan that prioritizes human life over vehicle throughput in design and engineering decisions regarding the city right-of-way.

Prepared By: Sergio Ramirez, Chief of Staff
Approved Forwarded to Council
Attachments:

A. 20260210- 16 Item - Vision Zero Direction
B. Written Comments

16.C
Packet Pg. 534
Council Meeting: February 10, 2026
16 ITEM BY MAYOR TOROSIS, MAYOR PRO TEMPORE ZWICK AND COUNCILMEMBER HALL
Request of Mayor Torosis, Mayor Pro Tempore Zwick, and Councilmember Hall, in light of the city’s failure to reduce traffic injuries and fatalities in the ten years following its “Vision Zero” commitment in 2016, that the City Council direct the City Manager to work with staff on a reimagined plan that prioritizes human life over vehicle throughput in design and engineering decisions regarding the city right-of-way.

Specifically, staff should return within six months with a plan that is responsive to the following requests:

1. Assesses and presents options for reduced citywide Design Speeds for commercial and residential streets to be used in all street design and engineering decisions, including the rebalancing of signal timing.

2. Develops new streamlined processes for gathering input on mobility projects to increase efficiency in project delivery and ensure Vision Zero and mode shift guide decision making.

3. Reorients parking and bike lanes via restriping and other quick-build tools during the planned repaving of any street that is slated for improvements via the existing Bike Action Plan.

4. Invests in new tools and processes that analyze every severe injury and fatal crash and implement any applicable quick-build safety enhancements within three months of the incident.

16.C.a
Packet Pg. 535 Attachment: 20260210- 16 Item - Vision Zero Direction (7553 : Vision Zero Direction) 1 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Monday, February 9, 2026 8:17 PM
To: Lana Negrete; Barry Snell; Dan Hall; Jesse Zwick; Natalya Zernitskaya; Caroline Torosis; Ellis Raskin
Cc: Council Mailbox; councilmtgitems
Subject: In Support: Item 16C

EXTERNAL
As a Santa Monica resident, driver, pedestrian, biker, and parent, I strongly support Item 16C. The City needs a real plan to prioritize ending traffic violence, or else more people will be injured or worse on our streets. There needs to be a culture change—in the metrics used and the "outreach" processes employed—so that human lives are held above auto throughput and so that the needs of all users of a corridor, not just adjacent residents, are weighed.

Thanks,
Jacob Wasserman
90403
Item 16-C
February 10, 2026
Item 16-C
February 10, 2026

16.C.b
Packet Pg. 536 Attachment: Written Comments [Revision 1] (7553 : Vision Zero Direction) 1 David Yakobson
From: Caro Vilain <[email protected]>
Sent: Monday, February 9, 2026 1:30 PM
To: councilmtgitems; Dan Hall; Jesse Zwick; Caroline Torosis; Barry Snell; Natalya Zernitskaya; Lana Negrete
Subject: Item 16C

EXTERNAL
Dear council,
I just want to express my strong support and gratitude for item 16C.

Santa Monica has made and continues to make commendable progress to make our streets safe. The recently added and upcoming protected bike lanes are a major step in the right direction, and as a resident who is passionate about making our streets safe and accessible, they make me very proud of my city.

That being said, it is also very clear that we have not accomplished the Vision Zero goals that the city set 10 years ago.

We’re extremely behind on our bike and pedestrian action plans, and when opportunities for new projects arise, there is still a very concerning lack of prioritizing of safety over convenience.

For instance, while the Santa Monica Blvd safety study will bring improvements that I personally look forward to as someone who lives right off of this deadly road, these improvements clearly don’t go as far as they could/should.

It would be unreasonable to claim that these improvements will make SMB a safe corridor, as people are continuing to get killed by drivers on Wilshire Blvd where similar improvements were already implemented.

If we truly care to reach vision zero, to achieve our sustainability goals, and to achieve our goal of shifting 50% of local trips to sustainable modes, we need to truly make these goals a priority, and to re-consider how we assess options, gather input, implement projects, and respond to FSI crashes.

I hope that you will all show strong support for this item, and will then take the necessary steps to ensure that it is meaningfully implemented. This includes allocating or securing appropriate resources, taking legislative responsibility so that staff has a clear mandate to prioritize safety over convenience, and demonstrating to the community that you are serious about our lives on these streets. This requires action over words, and I look forward to seeing the council lead on this.

Thank you,
Item 16-C
February 10, 2026
Item 16-C
February 10, 2026

16.C.b
Packet Pg. 537 Attachment: Written Comments [Revision 1] (7553 : Vision Zero Direction) 2 Caro Vilain
90404
Item 16-C
February 10, 2026
Item 16-C
February 10, 2026

16.C.b
Packet Pg. 538 Attachment: Written Comments [Revision 1] (7553 : Vision Zero Direction) 1 David Yakobson
From: Dustin Shahan <[email protected]>
Sent: Tuesday, February 10, 2026 11:44 AM
To: councilmtgitems; Dan Hall; Jesse Zwick; Natalya Zernitskaya; Lana Negrete; Caroline Torosis; Ellis Raskin; Barry Snell
Subject: Support Item 16.C for a real "Vision Zero"

EXTERNAL
Good morning Council,
I'm writing to urge your support of item 16.C. The city has not made the intended progress on its 2016 Vision Zero commitment and there is a clear need to evaluate a new strategy. Prioritizing human life over vehicles continues to be a core need to meet the city's moral, financial, climate, land use, health, housing, tourism, and livability goals.

In particular, I'd encourage that the staff plan focuses on streamlining the processes necessary to implement the changes necessary in a quick and dynamic manner. As we've seen with the 2016 plan, studying an end goal is useless without the ability to take the steps necessary to achieve it. Some of these processes will be for literal construction and project input, but they also need to consider the need for dynamic funding, approval, enforcement, and other pipelines to make sure projects and changes can happen in the first place.

My wife and I reside in Santa Monica so that biking, busing, and walking can be our primary, secondary, and tertiary methods of transportation before having to resort to an automobile. Please do your part to ensure that we don't add to the statistic of the city's failure.

Dustin Shahan
90401
Item 16-C
February 10, 2026
Item 16-C
February 10, 2026

16.C.b
Packet Pg. 539 Attachment: Written Comments [Revision 1] (7553 : Vision Zero Direction) 2 David Yakobson
From: Connor Webb <[email protected]>
Sent: Tuesday, February 10, 2026 11:55 AM
To: Dan Hall; Jesse Zwick; Caroline Torosis; Ellis Raskin; Lana Negrete; Natalya Zernitskaya; Barry Snell; councilmtgitems
Subject: Item 16C: Support with Suggested Amendment

EXTERNAL
Dear Mayor Torosis and City Council,
I strongly support item 16C, which directs the City Manager to work with staff on a reimagined plan that prioritizes human life after failing our VIsion Zero Pledge. Traffic violence is a daily occurrence for anyone who walks or bikes in Santa Monica. There is a lot of talk about crime in Santa Monica recently, but frankly the number of drivers that threatened my life just this week is more than I’ve experienced in a decade from anyone outside of a vehicle.

Even multi-million dollar safety projects like the Wilshire Safety Study and Enhancements Project have barely improved conditions for people outside of a vehicle, prioritizing minimal traffic disruption and vehicle throughput over pedestrian crossing safety. The fire department has blocked proven safety interventions like speed humps, despite traffic collisions being one of the most common reasons for emergency response, and speed being a main cause.

Even our 2020 Bike Action Plan Amendment, which sought to define a protected bike lane network for the city, prioritized projects based on avoiding car parking removal. Despite this flawed prioritization, 5 years later we've only completed ~32% of the 5-year protected bike lane vision. Additionally, our 2011 Bike Action Plan included over 10 miles of low-traffic, low-speed Greenways (on Michigan, Washington, Ashland, Chelsea, and 6th St). Our only greenway project, MANGo, was made completely ineffective by the decision to prioritize vehicle cut-through traffic and eliminate planned traffic diverters. Therefore, 15 years into the 20-year vision, we've completed 0% of this Greenway network.

It is past time we reorient our vision and priorities to be human-centered. Overall, the specific directions of this motion are well thought-out. However, while they address design speeds and our Bike Action Plan Amendment network, they do not address the lack of progress on Greenways and cut-through traffic.

Therefore, I ask that an amendment be made to number 1 and 3 to emphasize the need for a reduction of cut through traffic and low-traffic greenways. Something like:

1. Assesses and presents options for reduced citywide Design Speeds for commercial and residential streets and reduced cut-through traffic on residential and school streets, to be used in all street design and engineering decisions, including the rebalancing of signal timing and traffic diversion."

3. Reorients parking and bike lanes and establishes low-traffic greenways and school streets via restriping and other quick-build tools during the planned repaving of any street that is slated for improvements via the existing Bike Action Plan."
Please support this item, and thank you for considering my suggested amendments.

Item 16-C
February 10, 2026
Item 16-C
February 10, 2026

16.C.b
Packet Pg. 540 Attachment: Written Comments [Revision 1] (7553 : Vision Zero Direction) 3 Sincerely,
Connor Webb
Mid-City, 90404
Item 16-C
February 10, 2026
Item 16-C
February 10, 2026

16.C.b
Packet Pg. 541 Attachment: Written Comments [Revision 1] (7553 : Vision Zero Direction)

Santa Monica City CouncilFebruary 10, 2026

Santa Monica City Council
February 10, 2026