City of Santa Monica
City Council Meeting
AGENDA
CAROLINE TOROSIS
MAYOR
ELLIS RASKIN JESSE ZWICK
COUNCILMEMBER MAYOR PRO TEM
DAN HALL BARRY SNELL
COUNCILMEMBER COUNCILMEMBER
LANA NEGRETE NATALYA ZERNITSKAYA
COUNCILMEMBER COUNCILMEMBER
OLIVER C. CHI
CITY MANAGER
HEIDI VON TONGELN
INTERIM CITY ATTORNEY
DENISE ANDERSON-WARREN
INTERIM CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 2/10/2026 6:49 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.
Except for the author of the request, public comment on 15-items are limited to 1 minute.
Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. General Public Input
(Members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City and on Special
Agenda Items.)
2. Special Agenda Items (Commendations and
Proclamations presented).
3. Public Comment for Consent Calendar and Closed
Sessions Only.
4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)
5. Closed Sessions.
6. Public Comment on remaining Agenda Items
7. Study Session.
8. Continued Items.
9. Administrative Proceedings.
10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)
11. Staff Administrative Item.
12. Public Hearings.
13. Reports of Boards and Commissions.
14. Resolutions.
15. Written Communications (Other than
Reports of Commission and Officers.)
16. Councilmember Discussion Items.
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 2/10/2026 6:49 PM Page 3
AGENDAS
CITY OF SANTA MONICA
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, FEBRUARY 10, 2026
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.
Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.
CALL TO ORDER
PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT
ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.
We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.
The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.
LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL
MOTIONS
1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues City of Santa Monica Generated: 2/10/2026 6:49 PM Page 4 raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)
1.A. Written Comments
2. SPECIAL AGENDA ITEMS
No items
3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)
4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)
4.A. Award Nurse Practitioner Agreements for Advanced Provider Unit Program Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute an agreement with Erin Tomlinson for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and
2.24.240(a) and for an amount not to exceed $598,643, with future year funding contingent on Council budget approval; and
3. Authorize the City Manager to negotiate and execute an agreement with Alex Perez Sandi as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and for an amount not to exceed $598,643, with future year funding contingent on Council budget approval.
4.B. Adoption of a Resolution Accepting and Approving Final Parcel Map No. 84800 to Subdivide a Property at 3222 23rd Street
City of Santa Monica Generated: 2/10/2026 6:49 PM Page 5 Recommended Action
Staff recommends that the Council take following actions:
1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA Guidelines); and
2. Adopt the attached resolution approving Final Parcel Map No. 84800 to Subdivide a Property at 3222 23rd Street.
4.C. Adoption of a Resolution Amending the 2026 Council Regular Meeting Calendar to Reschedule the March 17, 2026 Regular Meeting to March 10, 2026 Recommended Action
Staff recommends that the City Council approve the following:
1. Adopt the attached Resolution amending the established 2026 Council regular meeting calendar to reschedule the March 17, 2026 Regular Council Meeting to March 10, 2026; and
2. Adopt a finding that the resolution is not a project subject to the California Environmental Quality Act (“CEQA”).
4.D. City Council - Regular Meeting - Oct 22, 2024 5:30 PM
4.E. City Council - Regular and Special Meeting - Jan 13, 2026 5:30 PM
4.F. City Council - Regular Meeting - Jan 27, 2026 5:30 PM
4.G. City Council - Special Meeting - Jan 27, 2026 5:35 PM
4.H. City Council - Special Meeting - Jan 28, 2026 5:30 PM
4.I. Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.
4.J. 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 City of Santa Monica Generated: 2/10/2026 6:49 PM Page 6 Council of the City of Santa Monica Declaring a Local Emergency on Homelessness.
4.K. 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.
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
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.
5. CLOSED SESSIONS
5.A. 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 City of Santa Monica Generated: 2/10/2026 6:49 PM Page 7 Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v. Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v.
City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
City v. ICSOP, et al.; OCSC # 30-2022-01261243
5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Anthony J. Stone v. City, et al.; LASC # 25SMCV00044
5.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Furley Williams v. City, et al.; LASC # 23STCV27401
5.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Lori Gentles v. City; LASC # 24STCV18968
5.F. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
City, et al. v. Waymo LLC, et al.; LASC # 25SMCV06581
5.G. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Santa Monica EV Holdings, LLC et al., v. City; LASC # 25SMCV06681
5.H. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):
Waymo LLC v. City; LASC # 25SMCV06541
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 Wylder; persons to be negotiated with:
Dennis Wylder; under negotiation: price and terms of payment of lease
5.J. 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
5.K. 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 City of Santa Monica Generated: 2/10/2026 6:49 PM Page 8 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
5.L. Conference with legal counsel - significant exposure to litigation - Gov. Code § 54956.9(d)(2) - 2 cases
CITY MANAGER REPORT
TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.
7. STUDY SESSION
No items
8. CONTINUED ITEMS
No items
9. ADMINISTRATIVE PROCEEDINGS
No items
10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items
11. STAFF ADMINISTRATIVE ITEMS
No items
City of Santa Monica Generated: 2/10/2026 6:49 PM Page 9
12. PUBLIC HEARINGS
12.A. 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.
13. REPORTS OF BOARDS AND COMMISSIONS
No items
14. RESOLUTIONS
No items
15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND
OFFICERS
No items
16. COUNCILMEMBER DISCUSSION ITEMS
16.A. 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
16.B. 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.”
16.C. 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.
City of Santa Monica Generated: 2/10/2026 6:49 PM Page 10
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.
City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.
Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. Written Comments
1.A
Packet Pg. 11
1 David Yakobson
From: Kevin McKeown <[email protected]>
Sent: Monday, February 9, 2026 1:20 PM
To: councilmtgitems
Cc: Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Oliver Chi
Subject: Item 1 — Main Library parking
EXTERNAL
Perhaps as a bicyclist I shouldn’t be concerned, but this really galls me.
At the same time the City postponed parking charges in downtown structures lest they impact the relative luxury of gym memberships, persons with disabilities — disproportionately low-income because of limited earning capacity — are for the first time going to have to pay to park and use our public library? Kevin
————————————
K e v i n M c K e o w n
https://urldefense.com/v3/__http://www.mckeown.net__;!!OfuUnHCITYtmmjM!uehvKBbPVlFxphYNJrE2XoEmgWj 0EhiET_KXkeLa6nxvqzdech5OKZJbaJPAMxpN757XcyVBnundLZwO0Ij0VixSMLo$ Choose to be conscious
————————————
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 12
Attachment: Written Comments (7559 : Written Comments)
1 David Yakobson
From: Paula Jones <[email protected]>
Sent: Tuesday, February 3, 2026 6:02 PM
Subject: SMO Issues - Noise and Fumes
Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
Council and City Manager,
Please reduce the level of fuel fume levels that are currently emanating from the airport. Ever since the city manager-enacted robust increase in activity, the fumes take over the business park and neighborhood surrounding the airport. It is really unbearable. I can't walk through; I can't breathe.
The noise is now a constant. It starts at 6-7 a.m. and continues all day. The smell and noise are too much.
It seems you do not care at all for citizens who live near the airport. We have no stop signs on 23rd street which is basically a death alley due to speeding cars. There are people living in their cars all along 25th which is not enforced. No one stops at stop signs or red lights.
We pay taxes too. But it is so bad, I am looking for other places to live.
I simply cannot breath with this constant fuel smell and my hearing is being affected by the incessant noise.
Please help us and reduce operations at the airport or at least reduce the fumes. Some kind of measurement should be required; is the City studying this?
Thanks,
PJ
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 13
Attachment: Written Comments (7559 : Written Comments)
2 David Yakobson
From: John Alle <[email protected]>
Sent: Wednesday, February 4, 2026 9:34 AM
To: The Santa Monica Coalition
Subject: The People Concern's FRAUD and the CITY'S COLLABORATION Follow Up Flag: Follow up
Flag Status: Completed
EXTERNAL
For the 2024–2025 fiscal year, 98% of the City of Santa Monica's annual grant funding to THE PEOPLE CONCERN's Housing Retention Program went toward salaries, fringe benefits, and overhead. Only one (1) person was helped during the last 6 months of the 2024--2025 fiscal year.
If you have received assistance, or if you were delayed or unable to receive service from The People Concern for any reason, please contact us and tell us your story.
Insta
https://www.instagram.com/reel/DUWBq3egkf4/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/OI-zcsVnQ1c
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 14
Attachment: Written Comments (7559 : Written Comments)
3 David Yakobson
From: Andrew Hoyer <[email protected]>
Sent: Thursday, February 5, 2026 9:23 PM
To: councilmtgitems; Lana Negrete; Dan Hall; Jesse Zwick; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Barry Snell; Clerk Mailbox; Clerk Mailbox Subject: Feb 10, 2025 Item 1: Park Plan - Turf Ban THANK YOU!
EXTERNAL
Councilmembers,
I wanted to take a moment and thank you for approving the Parks and Recreation Vision Plan as presented to you by city staff. In particular, I was pleased that you chose to ensure that the artificial turf ban remained a key component of the plan. Councilmember Zwick, your amendment to include a provision that any existing artificial turf be replaced with natural turf at the end of its lifespan deserves special commendation for thinking forward towards the parks' (and our environment's) future.
Thinking back to 2014(?) when the Memorial Park Plan was in its infancy, I recall asking what all those buildings were that border the east end of the park and being told that they belonged to the school district for their offices. Even at that time I felt like they should give them up to increase the amount of space for the Memorial Park. Since that time, the school district has abandoned those buildings for offices on 4th Street. I think in any future negotiations you might have with the school district (joint-use agreements? et al.) you should push for them to give up that city property to enlarge Memorial Park. Failing that, could they be converted to affordable housing that is sorely needed in our city? I've heard the greenest building is the one that is already built....
Sincerely,
Andrew Hoyer
SMMCN Board President
There is only one moment in time when it is essential to awaken. That moment is now. - Buddha
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 15
Attachment: Written Comments (7559 : Written Comments)
4 David Yakobson
From: Andrew Hoyer <[email protected]>
Sent: Thursday, February 5, 2026 9:58 PM
To: councilmtgitems; Lana Negrete; Dan Hall; Jesse Zwick; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Barry Snell; Clerk Mailbox; Clerk Mailbox Subject: Feb 10, 2025 Item 1: Public Speaking Limitations
EXTERNAL
Councilmembers,
I would have said this at last week's council meeting but I was restricted to one minute and felt that the park plan was more important. It's hard enough to say something meaningful and thought-provoking in sixty seconds.
When the previous changes were made to public input at city council meetings, I had mixed feelings about it as I often see advantages and disadvantages to both sides of almost any issue.
Under the prior rules, I often sat through long discussions about topics I had no concerns over waiting for my opportunity to speak on the item I was there for. So being able to speak early certainly has its value. Previously, staff would give their report prior to any public input. Since I was often writing out my thoughts while they were doing so, I had the opportunity to adjust my comments on the fly if I had misinterpreted the written material or had gained a greater understanding of staff intentions via councilmembers' queries.
But times change and so did the rules.
Given the most recent example of the use of the kiosk prior to the last council session, it is obvious that the software would accommodate what I am about to suggest.
When we, the public, sign up to speak, we should be given the full list of items 7-16 to choose from along with the option of 1, 2, or 4 minutes and a 6-minute total limitation. Then if Item 7-A had over twenty five speakers you could limit their testimony to one minute each but if Item 11-B only has three speakers requesting two minutes each, they would retain their full speaking time. The technology certainly exists to allow for the speakers to be called in the order of the agenda, i.e. all speakers on 7-A, then all speakers on 7-B, then 10-A, and so forth. Thus allowing the council to absorb a more coherent stream of information regarding the session's issues.
This proposal would achieve the goal of shortening the overall time spent on Public Input for items of mass interest but allow for the full expression of opinions on items that will affect a smaller portion of the population.
I also support the concept of moving the Closed Sessions and the idea of having General Public Input return to the end of the agenda. I agree with Councilmember Hall that moving council sessions to the daytime will limit the ability of regular working folk from serving on the City Council.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 16
Attachment: Written Comments (7559 : Written Comments)
5 These are complex issues and there are no easy answers, but those are my thoughts.
Thank you,
Andrew Hoyer
There is only one moment in time when it is essential to awaken. That moment is now. - Buddha
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 17
Attachment: Written Comments (7559 : Written Comments)
6 David Yakobson
From: Stacey Ravel Abarbanel <[email protected]>
Sent: Friday, February 6, 2026 7:57 AM
To: councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Natalya Zernitskaya; Barry Snell
Cc: Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman
Subject: Why Building Alone Won’t Solve the Housing Crisis
EXTERNAL
Council members, planning commission members, neighbors: Please see this important report detailed in today’s NY Times. It provides analysis and evidence of something many in our community have been shouting from the rooftops: building alone cannot solve the housing crisis, especially in a higher-end city like Santa Monica. I implore you to read this article and reconsider our city’s building policy. Can we create a housing policy that truly supports our lower-income residents and helps maintain the age, economic, cultural, and social diversity residents cherish? Will you pivot before the city is unrecognizable, and so much that we appreciate about it is irrevocably altered? Thank you for giving this article serious consideration.
Why Building Alone Won’t Solve the Housing
Crisis
nytimes.com
Stacey Ravel Abarbanel
[email protected]
310/736-5300
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 18
Attachment: Written Comments (7559 : Written Comments)
7 David Yakobson
From: John Alle <[email protected]>
Sent: Saturday, February 7, 2026 9:36 AM
To: The Santa Monica Coalition
Subject: St. Joseph's Center and its CEO Dr, Ryan J. Smith
EXTERNAL
For the 2024–2025 fiscal year, a massive 86% of the City of Santa Monica's annual grant funding for THE ST. JOSEPH CENTER OLDER ADULT HEALTH & WELLNESS PROGRAM went toward salaries, fringe benefits, and overhead. Barely 14% went to finding housing, food programs and mental health services for low-income seniors in Santa Monica, Venice, Culver City and Inglewood.
Two of Santa Monica's independent auditing firms, Moss Adams and BerryDunn, neither based in Santa Monica or LA, conducted virtual inspections of the books and said St.
Joseph's was "in compliance with Santa Monica's policies." Crooked policies.
St. Joseph's CEO is Dr. Ryan J. Smith. He says his focus is addressing homelessness with an emphasis on "equity," and calls himself a "champion of equity-driven programs." What's that mean?
He knows "charity starts at home." CEO Ryan J. Smith's annual base salary exceeds $750,000.
Please tell us your story about Santa Monica's wasteful spending on homeless service providers.
Insta
https://www.instagram.com/reel/DUdu3p4grRx/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/eymgpFT0w_4
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 19
Attachment: Written Comments (7559 : Written Comments)
8 David Yakobson
From: salgopropar <[email protected]>
Sent: Sunday, February 8, 2026 11:53 AM
To: councilmtgitems
Subject: The Economics of Price Gouging, By Jodi Beggs, Updated on September 03, 2018
EXTERNAL
The Economics of Price Gouging, By Jodi Beggs, Updated on September 03, 2018 Price gouging is loosely defined as charging a price that is higher than normal or fair, usually in times of natural disaster or other crisis. More specifically, price gouging can be thought of as increases in price due to temporary increases in demand rather than increases in suppliers' costs (i.e. supply).
Price gouging is typically thought of as immoral, and, as such, price gouging is explicitly illegal in many jurisdictions. It's important to understand, however, that this concept of price gouging results from what is generally considered to be an efficient market outcome. Let's see why this is, and also why price gouging might be problematic nonetheless.
When demand for a product increases, it means that consumers are willing and able to purchase more of the product at the given market price. Since the original market equilibrium price (labeled P1* in the diagram above) was one where the supply and demand for the product were in balance, such increases in demand usually cause a temporary shortage of the product.
Most suppliers, upon seeing long lines of people trying to buy their products, find it profitable to both raise prices and make more of the product (or get more of the product into the store if the supplier is simply a retailer). This action would bring the supply and demand of the product back into balance, but at a higher price (labeled P2* in the diagram above).
Because of the increase in demand, there isn't a way for everyone to get what they want at the original market price. Instead, if the price doesn't change, a shortage will develop since the supplier won't have an incentive to make more of the product available (it wouldn't be profitable to do so and the supplier can't be expected to take a loss rather than raise prices).
When supply and demand for an item are in balance, everyone who is willing and able to pay the market price can get as much of the good as he or she wants (and there is none left over). This balance is economically efficient since it means that companies are maximizing profit and goods are going to all of the people who value the goods more than they cost to produce (i.e. those who value the good most).
When a shortage develops, in contrast, it's unclear how the supply of a good gets rationed- maybe it goes to the people who showed up at the store first, maybe it goes to those who bribe the store owner (thereby indirectly raising the effective price), etc. The important thing to remember is that everyone getting as much as they want at the original price is not an option, and higher prices would, in many cases, increase the supply of needed goods and allocate them to people who value them the most.
Some critics of price gouging argue that, because suppliers are often limited in the short run to whatever inventory they have on hand, short-run supply is perfectly inelastic (i.e. completely unresponsive to changes in price, as shown in the diagram above). In this case, an increase in demand would lead only to an Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 20
Attachment: Written Comments (7559 : Written Comments)
9 increase in price and not to an increase in the quantity supplied, which critics argue simply results in the supplier profiting at the expense of consumers.
In these cases, however, higher prices can still be helpful in that they allocate goods more efficiently than artificially low prices combined with shortages would. For example, higher prices during peak demand times discourage hoarding by those who happen to get to the store first, leaving more to go around for others who value the items more.
Another common objection to price gouging is that, when higher prices are used to allocate goods, rich people will just swoop in and buy up all the supply, leaving less wealthy people out in the cold. This objection isn't entirely unreasonable since the efficiency of free markets relies on the notion that the dollar amount that each person is willing and able to pay for an item corresponds closely to the intrinsic usefulness of that item for each person. In other words, markets work well when people who are willing and able to pay more for an item actually want that item more than people who are willing and able to pay less.
When comparing across people with similar levels of income, this assumption likely holds, but the relationship between usefulness and willingness to pay likely changes as people move up the income spectrum. For example, Bill Gates is probably willing and able to pay more for a gallon of milk than most people, but that more likely represents the fact that Bill has more money to throw around and less to do with the fact that he likes milk that much more than others. This isn't so much of a concern for items that are considered luxuries, but it does present a philosophical dilemma when considering markets for necessities, especially during crisis situations.
https://www.thoughtco.com/the-economics-of-price-gouging-1146931 Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 21
Attachment: Written Comments (7559 : Written Comments)
10 David Yakobson
From: John Alle <[email protected]>
Sent: Sunday, February 8, 2026 12:42 PM
To: The Santa Monica Coalition
Subject: Tourism
EXTERNAL
Artem and his girlfriend are from Ukraine. This is their first visit. He said after what they saw yesterday, they are cancelling plans to return to Los Angeles to watch any 2026 FIFA World Cup Matches.
Insta
https://www.instagram.com/reel/DUgJlrJAuql/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://www.youtube.com/watch?v=riLHfVRD3Rs
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 22
Attachment: Written Comments (7559 : Written Comments)
1 David Yakobson
From: Joseph Marasia <[email protected]>
Sent: Monday, February 9, 2026 9:14 AM
To: Jing Yeo; Daniel Mick; Sandra Santiago
Cc: Maurice Cochee; Santa Monica City Manager's Office; Oliver Chi; Council Mailbox; councilmtgitems; Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Amy Larkin; Lizzy Acosta; Roxanne Tanemori; Regina Szilak
Subject: Re: Ordinance / Municipal Code Update / Passage Process Request - Marasia
EXTERNAL
Dear Ms. Yeo, Mr. Mick and Ms. Santiago,
@ Ms. Yeo and Mr. Mick
It’s been a little over a month now since I sent my response to your email Ms. Yeo and since both you and Mr. Mick have been back from the holiday break.
I’d really appreciate a response that addresses ALL my questions & concerns about the issue here at 1149-1143 12th Street from either of you, Ms. Yeo or Mr. Mick.
As you all know I’m continually trying and pushing for this process to be as transparent as possible but it continues to be so very opaque.
As a 20+ year resident of Santa Monica I would really appreciate the courtesy of a response and a more collaborative / solution finding process since the issue is affecting the well-being and lives of some of the City’s residents.
What is the City currently doing to find a solution to the issue here at 1149-1143 12th Street or to help mitigate the constant 24 hour noise from 1213-1215 Wilshire Blvd.
As far as I can tell…NOTHING has been done to date.
Will a sound barrier be installed between the buildings blocking the mechanical noise? Do I need to initiate a new Code Enforcement claim to get you to continue your focus on this issue? As I’ve said multiple times, there is a problem here that needs to be address by the City.
As we work our way into the warmer months, having our windows opened throughout the day and into the night will be necessary for air flow!
Having constant, distributive noise 24 hours a day less then 20ft outside our windows and where we sleep has degraded our well-being and livability here at 1149 12th Street. @ Ms. Santiago
Can you let me know the status of my 311 Case #CS0182123 Is it still opened, being researched or looked into by the City or has it been closed? Do I need to open another one so that the City will take action here? Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 23
Attachment: Written Comments (7559 : Written Comments)
2 What if anything has the City Staff our the City Council done concerning this issue? I’m starting to think our issue here has fallen on deaf ears or has fallen into the 311 black hole.
Can you all please give me some feedback and direction here? Should I be talking to or bringing this issue up to someone else in the City of Santa Monica? Again as I’ve been saying all along…Us Santa Monica residents here at 1149-1143 need action by the City to get back to some type of normalcy with the on going 24 hour commercial mechanical noise being produced from 1213-1215 Wilshire Blvd.
If you would rather have a one on one in person meeting, please let me know, as I am open to this at your request.
WE NEED ACTION AND A SOLUTION!
Thank you for your time…I look forward to your responses.
Joey
Joseph Marasia
1149 12th Street #207
Santa Monica, CA 90403
310-699-2383
[email protected]
On Jan 6, 2026, at 9:59 AM, Joseph Marasia <[email protected]> wrote:
Hello and Good Morning Ms. Yeo,
As I wrote prior, I appreciate your email response but find it very disappointing to say the least.
Especially coming from Santa Monica’s Community Development Director who oversees this area for the City and can help enact change for the City’s residents.
This is a HUGH FAILURE, MISSTEP, AND MAJOR DISAPPOINTMENT for the City of Santa Monica.
Code Enforcement certainly has not lived up to their overall mission statement or their core values here in dealing with this issue for us City residents.
Especially the failure to ensure livability and the ”Quality of Residential Life” for the residents here at 1149 12th Street.
As I have stated multiple times…there is an issue/problem here at 1149 12th Street - 1213/1215 Wilshire Blvd. that needs to be address and solved by the City.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 24
Attachment: Written Comments (7559 : Written Comments)
3 For being such a progressive city, or so I thought, it's surprising that the well-being of Santa Monica residents aren’t taken into account or of high importance/concern. It definitely seems like the City has put the commercial & economic interests over the well-being and living conditions of the City’s residents.
I’m not sure where the disconnect happened but it certainly seems like from the project initiation, to the planning/designing and now the permitting of the commercial operation at 1213-1215 Wilshire Blvd., the City overlooked the fact that residents live less then 20 ft away from the newly constructed building, therefore, our well-being and living condition were NEVER taken into consideration at all.
I even had to fight for the City to require the second floor setback on the new construction portion! This just shows how our living and well-being was NEVER truly considered by the City in this infill project from the start.
Has there been a second review of the project/design or permit for false or misleading information from the owner concerning the equipment and location? Are you now saying that since the building is permitted there is nothing that can be done?
If that is the case…Then I would say you are just using that as an excuse for not exploring and understanding the issue and ultimately finding a solution to the problem.
Furthermore, that would be very disappointing and sad that you and the City are just going to put your hands up and say thats it!
I would surely hope that the City would continue to try and find a solution so that its residents life and well-being aren’t affected in a negative way.
Just because someone in the City gave the ok to permit the building shouldn’t end the process…most likely that person just wanted to hit a deadline, get the file off their desk or off their to do list.
They probably never thought about us residents here at 1149-1143 12th Street…They don't have to live with the outcome of their decisions, but, we do 24 hours a day! What then is my recourse here so that the City takes up this issue, finds a solution and acts on the behalf of its residents here at 1149 12th Street? Did the City think the constructed parapet was sufficient to mitigate the noise?…Well, as we know now…it is not!
Why wasn’t a noise/sound mitigation plan or structure not part of the overall rooftop construction plan seeing that apartments are adjacent?
Did the City question the type and location of the rooftop mechanical equipment? Why doesn’t the City mandate equipment to be on a timer and only run(operate) during business hours when adjacent to apartment units?
Why wasn’t the distance to our windows taken into consideration? Why not have the equipment closer to the alley instead of less than 20ft away from the residential units?
Let me pose a question to you and Mr. Mick…
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 25
Attachment: Written Comments (7559 : Written Comments)
4 Do either of you live with constant 24 hour a day commercial mechanical equipment noise outside your windows where you sleep?
If so, then you understand what we are dealing with and how constant noise is very disturbing, discomforting and affects ones overall sleep & well-being.
But I’m assuming neither of you do.
And I’m guessing neither of you would like to live with constant noise outside of your windows.
To be honest, it certainly makes no sense whatsoever that we now have to live with these noises 24 hours a day without having any say in the situation at all.
To be honest, the solution should be pretty easy to find and implement.
Yes, there would need to be some exploration here to exactly identify what is causing the disturbing/disruptive 24 hour noise.
But just off the top of my head…here are some solutions I can think of but I know there are may more!
Why didn't the City not explore and suggest these during the planning process? Some potential solutions could include the following…
Adding a sound mitigation wall or insulated wall on the west side facing our building...tall enough to fully mitigate the sound.
Increasing the height of the parapet.
Insulating the equipment…especially if it is a chimney exhaust making the noise.
Turning the equipment around so that the discharged air/exhaust does not hit the parapet.
Removing a portion of the parapet so that the discharged air/exhaust does not hit a wall or resistance.
Relocating the mechanical equipment further away from the parapet.
In response to your email, here are my comments, concerns and additional questions.
I look forward to receiving your response and answers.
General Comments
Personally, I would suggest you and Mr. Mick have an in person site visit here to get the full picture and to understand the issue first hand.
I’m open to having you visit my apartment and getting permission from my manager for you both to come on site here at 1149 12th Street.
It is important to hear the noise first hand at all hours of the day including the night hours and especially from the space between the buildings.
I’m not sure if you ever read or where forwarded my email to the City Council, so, I have included it below for your knowledge and reference.
Within the email I include an overhead map, noise recordings and sound mitigation examples which I think could help with the situation here. (see the copied email below the header - ***Email to the City Council***) From the start, I’ve been trying to have a more transparent process around this issue but I’ve had to continually push to get answers, replies and action from the City and Code Enforcement.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 26
Attachment: Written Comments (7559 : Written Comments)
5 This is why I continue to push our issue up to the higher levels of the City government…We need the proper people to know what we are dealing with here at 1149 12th Street.
We are looking for a solution and concrete action from the City so that we can get back to some sort of normalcy here.
I’m a little confused on why is seems like no one wants to think outside the box here and find a solution to the problem.
As I mentioned above…the solution seems very straightforward and easy to implement.
Is it because our issue/problem here at 1149 12th street is a one-off situation or one of the only infill builds in the City?
Is it because the building got grandfathered in as a landmark? (If this is the case…It should not have been applied to the back storage portion or the new construction portion)
Is it a sensitive situation for the City due to the property owners connections? Any insight here would be greatly appreciated.
Noise Readings
Look I get it…you all are relying on the noise level constraints in the current municipal code which is short sided.
The noise is only one of the issues here.
You need to work harder, step out of the box and see this total issue for what it is.
The duration, consistent nature, equipment location and proximity to our windows should play a role here in the fact that it disturbs all aspects of our lives.
For some reason, The City has allowed commercial mechanical equipment that runs 24 hours a day to be installed less than 20ft outside of my windows. I live in a studio apartment…so for me personally, the noise is constantly heard, in proximity to where I sleep and has rendered my east windows useless since I have to keep them closed. The overall air flow in my apartment has now been reduced significantly...none of the apartments around the building have central air for air flow. My overall well-being has truly degraded since the City permitted this construction for operation back in April 2025. Yes, we have had problems before with noise but never has it been this bad since the City allowed this new commercial infill project.
Does the City even know what is being released from the chimney/equipment on the rooftop?…Was there any type of environmental review conducted?…Is it also damaging our health?
It just seems to me that with an infill construction project like this the City should have really taken a more holistic view of the surroundings and how the produced mechanical noise would affect those living so close to the site.
Can you give me more detail concerning the noise readings you are referencing? What date and time where these taken…and by whom?
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 27
Attachment: Written Comments (7559 : Written Comments)
6 Does the City ever conduct a 24 hour noise recording/reading? If so, the City should really do one here.
A 24 hour noise recording would help capturing the overall duration, constant nature and intensity of the noise, also capturing the noise levels in the evening/night hours when the ambient surrounding noise has reduced.
The location of the commercial mechanical equipment making the noise makes it less likely that taking noise readings from the alley or the street would ever give you a proper reading. Therefore, to understand the true impact of the noise you must get readings from our property. The site is very unique in that our building does not end at the alley but 10 ft away from the back of 1213-1215 Wilshire Blvd.
Code 4.12.025 states that it is unlawful for "any person to make, produce, maintain, cause or permit to be made any noises or sounds in such manner so as to unreasonably disturb the peace, quiet and comfort of persons of normal sensitivity within the area of audibility or which are so harsh or prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person of normal sensitivity within the area of audibility.” Sections (2), (3), (5) and (8) of this code certainly come into question here with our issue.
Can you explain why these codes where not taken into account? Code 4.12.130 (b) specifically states "Roof locations may be used when the mechanical equipment is installed within a noise attenuating structure.” when installed "adjacent to a residential building”
As far as I can tell…there is no noise attenuating structure on 1213-1215’s roof.
Can you explain why this code was not taken into account? Additionally, Did the owner fully comply with section (c) of Code 4.12.130? Why did the City not mandate or require some type of sound mitigation wall to be constructed on the west side of the new construction facing our building…Furthermore, why wasn't all the mechanical equipment not housed in such a structure?
The building is surrounded by residential units on 2 side…this certainly seems like a failure on the City’s part.
Contacting Bob Lynn (Owner)
I find it hard to believe that Code Enforcement could not contact Bob Lynn.
The restaurant in question, Diner Antonette, is open every day! Does the City not conduct site visits to inspect buildings once constructed…I would think the City has the right to since you are approving the permit? How many times did Code Enforcement try to contact Bob and by what means? Did Code Enforcement physically visit the restaurant?
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 28
Attachment: Written Comments (7559 : Written Comments)
7 Additionally, Bob and his company are located here in Santa Monica on 18th Street…He lives above his offices which he runs out of his residence.
Did Code Enforcement visit his offices/residence?
If you needed a way to inspect Bob's roof…why not ask me to help? Even though Bob has threatened me with legal actions, I would have tried and assisted Code Enforcement in contacting Bob.
This may have resulted in getting his assistance on gaining roof access and possibly finding a solution to the problem.
Additionally, I am willing and able to contact my manager who could give Code Enforcement access to our roof allow you to look at Bob’s roof.
This would allow Code Enforcement to inspect the roof and determine the noise source, ultimately, showing how to mitigate the noise…therefore, finding a solution.
As I stated above…Code Enforcement needs to work harder and think outside of the box here.
Be creative, come up with some ideas and help find a solution to the problem.
It might take a little more effort but that’s why us residents look to the City to help solve problems.
Nest Steps - Future action
What do you suggest I do now?
Continue to call in my complaints daily until someone in the City takes action and fixes this problem?
We have to live with this noise 24 hours a day!
Yes, I would hope the City continues to look into this issue/problem and ultimately come up with a solution.
I’m also looking to the City to change or update the current code to address mechanical equipment adjacent to residential living units.
There really needs to be some type of sound mitigation required or mandated.
As this situation shows.
Are you going to be our advocate and push for new regulations and updates to the ordinances so that the problem gets addressed and fixed? How do you suggest I go about getting the City Council to address this issue and take up my request for a fast and speedy ordinance revision? The City residents at 1149 12th Street are looking for action now and need a solution.
I do encourage you and Code Enforcement to continue to purse access to Bob’s roof and explore mitigation solutions.
I am willing to help you in any way I can since this is a very important issue that is affecting my daily life.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 29
Attachment: Written Comments (7559 : Written Comments)
8 If you want my help, please let me know.
It is promising to hear there is a potential revision to the noise ordinance but not so promising to hear it will take some time.
If possible, I would like to request to be involved in any discussions of new noise or sound mitigation ordinances since I’m on the front lines and deal with this issue 24-7.
You, for sure, should use this situation and issue to help formulate any new updates especially those involving adjacent residential units to protect residential citizens.
I look forward to the City taking action and rectify this issue for its residents.
Additionally, I look forward to your response and answers to all my questions above.
Thank you!
Joey
Joey Marasia
1149 12th Street #207
Santa Monica, CA 90403
310-699-2383
[email protected]
***Email to the City Council***
Dear Santa Monica City Council, Hello and Good Morning! My name is Joseph Marasia and I’m a 20+ year resident of Santa Monica at 1149 12th Street.
I’m writing to you today because we need your help, your assistance and a solution to a noise problem here at 1149-1143 12th Street.
We are requesting your help, assistance and a solution because our current living situation has degraded here at 1149-1143 12th Street due to commercial mechanical equipment that has been installed on a newly constructed 2nd floor infill extension on the back of 1213-1215 Wilshire Blvd. without any sound mitigation or absorbing elements. The mechanical equipment runs non stop 24 hours a day creating constant noises and an unsustainable living/sleeping condition in our apartments. Below are further details on the issue.
For me personally, the equipment is right outside my east apartment windows less than 20ft away, therefore, I get the brunt of the constantly produced noises. Having to hear the constant noises 24-7 is very disturbing, jarring at times, discomforting and has affected my overall well-being, living condition, sleep and air flow in my apartment. Code 4.12.025 General regulation certainly gives me hope that Santa Monica recognizes that disturbing noises do affect an individuals well-being. I certainly agree with this. Each numbered bullet point (1-8) of 4.12.025 certainly outlines what we are experiencing and dealing with here at 1149-1143 12th Street. I do believe something is wrong here and that a solution can Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 30
Attachment: Written Comments (7559 : Written Comments)
9 be found for this issue.
In addition to solving this unique issue and situation, we are asking you to review your current code and create a new ordinance to be researched / drafted and ultimately accepted concerning mechanical equipment located adjacent to or in proximity to a residential building.
We compel the Santa Monica City Council to act and go further to require that sound mitigating elements or absorbing barriers be installed around any mechanical equipment that is adjacent to or in proximity to a residential apartment or building, thus, shielding the residences from the mechanical equipment and the constant unwanted noises produced.
Since this new mechanical equipment has been installed and running we have endured constant noises. The noises are 24-7 day in / day out and include 2 different types of noises. The first noise is some type of compressor / exhaust chimney and the second noise is a more disturbing louder and higher pitched fan revving up / running type noise. Both of these noises are very prominent and I’m the one who gets the brunt of them since my apartment is directly outside of the new 2nd floor infill extension and less then 20 feet away from the mechanical equipment.
Of course we live with other noises throughout the daylight hours by living so close to Wilshire Blvd., but, before the new extension we DID NOT have any issues with the prior restaurants that occupied the location. The difference now is that these noises are louder, disruptive, constant in duration, closer to our residential apartments and running 24 hours a day…I’ve heard these noises every hour of the day…nights and early mornings. During the evening & night time hours when the ambient noise is lower outside these noises are even more louder, pronounced and disturbing. By having a new ordinance that requires the installation of some type of sound mitigation or absorbing barrier will help us get back to a sense of normalcy and will decrease the noises down to a more sustainable and livable sound environment.
There is a lot of history concerning this infill project, but, I’m going to focus on the current situation at hand and not so much on the past since the building is already constructed. But, I will say and what I want you all to know is that from the beginning of this newly constructed addition I’ve always voiced my concerns about the noises coming from the new mechanical equipment. This dates back to 2022 and I voiced my concerns to the Santa Monica Planning Division.
Now to the current situation…
My first complaint (#24COM-2031) with Code Enforcement was on Dec 17th 2024 concerning the noises coming from the roof equipment.
My second complaint (#25COM-0998) with Code Enforcement was on June 26th 2025 concerning the noises coming from the roof equipment.
I started recording the noises in April 2025 so, as you can tell, we have been dealing with the noises now for close to 1 year.
At this time after close to 1 year of working with Code Enforcement on this issue there has been no improvement of the situation.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 31
Attachment: Written Comments (7559 : Written Comments)
10 The noises from the equipment still occur, disrupting our lives here in the surrounding buildings 24-7.
Therefore, this situation needs to be addressed, researched and solved along with a new ordinance to be adopted to address this type of issue.
Personally, I don’t see how The City of Santa Monica would allow for a resident to live next to commercial mechanical equipment that runs 24 hours a day. It's like living in a wind tunnel or like living next to a running exhaust chimney nonstop or even next to an idling street sweeter or airplane. I’m assuming none of you currently live with a constant noise outside of your windows. Therefore, I’m guessing none of you would like to live here either with a constant noise right outside of your windows and I’m not sure why we now having to live with these noises.
Please see the attached overhead map PDF.
As you can see from the attached overhead map, my east apartment windows are basically rendered useless now…I have to close them to sleep and this reduces my overall air flow in my apartment and quality of sleep throughout the night. None of the apartments in our building have AC units, therefore, having the windows open all year round is a must for constant air flow. Even with my windows closed I still can hear the fan and the louder revving fan noise which is jarring and wakes me up throughout the night when it runs. It certainly seems like my apartment and the surrounding area was not taken into account when the new building was planned, designed or permitted.
This is a very unique, sensitive and important issue to me and I know there is a solution out there to be found. I do believe something is not right here and needs to be addressed since the equipment is adjacent to a residential building and less then 20 ft from my apartment windows. I don’t understand why a more robust noise attenuating structure (exterior sound barrier) like the attached pictures below was NOT constructed on the roof around the new equipment seeing that the new mechanical equipment is less then 20 feet outside of my windows and the new construction is basically an infill project surrounded by residential apartments. As far as I can tell, nothing like what I’ve included in the attached PDF has been added to the roof. (See attached PDF below)
Below I have attached 2 recordings as examples of what we deal with here on an hourly basis. The noise recordings are from my apartment windows. The first recording is from 10.29.25 @ 7:15pm and captured both mechanical equipment noises present (the revving up fan and the 24-7 fan). In addition, I’ve included a second recoding of the 24- 7 fan noise from 11.2.25 @ 1:30pm with a decibel reading from my phone. The more disturbing revving up fan noise occurs 1-2 times an hour every hour of the day, the other fan noise is always on 24-7. I have heard these noises for example in the 3am hour, 1pm hour and the 9pm hour, etc.
I’m determined to find a solution to this issue and would love the assistance of The City of Santa Monica since I’m a resident and this is affecting my overall well-being, sleep and living conditions 24-7 here in the City.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 32
Attachment: Written Comments (7559 : Written Comments)
11 At the least, I implore the City of Santa Monica to investigate and remedy this unique and sensitive issue that is affecting our daily lives here at 1149-1143 12th street.
Please let me know if you have any questions or if I need to explain or supply anything further.
Thank you for your time…I look forward to your response.
Have a good day and week!
Sincerely,
Joseph Marasia
***
Overhead Map
<Overhead Map.pdf>
Examples of Sound Mitigating Roof Elements (Sound Barriers) <Sound Barriers.pdf>
Noise Recordings
10-29-25 Recording - Revving fan noise plus 24-7 fan noise <1213-1215 Wilshire noise 7.15 pm 10-29-25.m4a>
11-02-25 Recording - 24-7 fan noise
<1213-1215 Wilshire fan noise 1.30pm 11-2-25.m4a>
(Decibel reading below - 95dB)
11-02-25 Decibel Reading From My Phone
<Decibel Phone Reading Fan Noise 11.02.25 1.30PM.jpeg>
On Dec 22, 2025, at 12:49 PM, Joseph Marasia <[email protected]> wrote:
Hello Ms. Yeo,
I appreciate your response email.
I’m currently traveling for the holiday and will fully reply next week.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 33
Attachment: Written Comments (7559 : Written Comments)
12 Thank you,
Joey
Joey Marasia
310-699-2383
[email protected]
On Dec 22, 2025, at 9:09 AM, Jing Yeo
<[email protected]> wrote:
Hello Mr. Marasia,
Thanks for following up on this issue. I have received
background on this from Code Enforcement staff and
understand this case was initiated in June and is currently closed due to no violation. Code Enforcement has visited the location multiple times to conduct sounds readings at the exterior of the property at 1213 Wilshire Blvd, rear alleyway, adjacent to 1149 12th St and within your unit. The readings have been between 49 dB and 56 dB, which unfortunately is below the allowable threshold in the City’s Noise Ordinance.
We know that you have stated you can heard the mechanical equipment of the neighboring commercial building. As noted above, the noise readings being within the decibel limits means that there is no violation of the Noise Ordinance. Code Enforcement attempted to contact the property owner Bob Lynn several times but received no response. The intent was to gain roof access on private property to be able to explore noise mitigation measures that the property owner might be amenable to. The equipment does not appear to be
malfunctioning and was permitted as part of the addition to the restaurant which was finaled earlier this year.
I understand that you received a written case closure e-mail on October 28, 2025 from Code Enforcement summarizing the
results of the investigation and letting you know that the case is closed. That being said, you are raising a policy question regarding how noise is regulated in the city and there is a comprehensive revision to the Noise Ordinance that is in the works. However, this would be a policy question for the City Council as to whether this kind of situation (where there is properly functioning equipment that as been legally permitted) would be addressed.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 34
Attachment: Written Comments (7559 : Written Comments)
13 At this point, we will continue to make efforts to reach out to the property owner to see if anything can be done voluntarily.
The noise ordinance update is part of the department’s work plan but is not something that can be done quickly.
I’ve copied Code Enforcement Manager Daniel Mick and
Supervisor Maurice Cochee if you require further follow up on this.
Thank you,
Jing
From: Joseph Marasia <[email protected]>
Sent: Friday, December 19, 2025 9:02 AM
To: Sandra Santiago <[email protected]>; Council Mailbox <[email protected]>
Cc: Lana Negrete <[email protected]>; Caroline Torosis <[email protected]>; Jesse Zwick
<[email protected]>; Dan Hall
<[email protected]>; Ellis Raskin
<[email protected]>; Barry Snell
<[email protected]>; Natalya Zernitskaya
<[email protected]>; Amy Larkin
<[email protected]>; Lizzy Acosta
<[email protected]>
Subject: Re: Ordinance / Municipal Code Update / Passage Process Request - Marasia
EXTERNAL
Good Morning Sandra, I hope you have had a good week.
Can you please confirm that you've received my email below that I sent on Monday 12-15?
I’d like to receive a status update before the holiday break on what the City is doing concerning the issue pertaining to the commercial equipment noises coming from 1213-1215
Wilshire Blvd.
If I need to reach out to someone else, contact another City division or do something different to get action on this issue please advise.
Thank you for your time and I look forward to your response.
Happy Holidays,
Joey
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 35
Attachment: Written Comments (7559 : Written Comments)
14 On Dec 15, 2025, at 9:09 AM, Joseph Marasia
<[email protected]> wrote:
Good Morning Sandra, I hope you had a good
weekend!
Can you please give me a status on what’s being
done concerning the constant commercial
equipment noises coming from 1213-1215
Wilshire Blvd.
It's been a month now since our last
correspondence.
As of today, nothing has changed.
Additionally, I’ve not been contacted or received
any emails from Jing Yeo, or anyone from either
the Community Development Department or
Code Enforcement concerning the noise issues.
Is the commercial equipment noise issue even
being researched / investigated?
Is there a solution being worked on and
implemented?
Is a new ordnance being drafted or proposed to
the City Council concerning commercial
equipment next to residential apartments?
As you know my fear is that our issue is out of
sight and out of mind for the City of Santa
Monica.
But as I mentioned, we deal with this constant
commercial equipment noise issue 24 hours a
day and it's affecting our lives, sleep and the
overall well-being here at 1149-1143 12th Street.
I wrote to the Santa Monica City Council hoping
for help, a solution and transparency concerning
this issue.
There is an issue/problem here and I know there
is a solution.
We need action from the City to correct the
problem and allow us to get back to normal here.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 36
Attachment: Written Comments (7559 : Written Comments)
15 I’m here to help in anyway I can…recordings,
meeting with City staff, site visits, connecting
you with our management, etc.
I look forward to your response.
Thank you for your time.
Have a good day!
Joey
Joey Marasia
310-699-2383
[email protected]
On Nov 14, 2025, at 8:36 AM,
Joseph Marasia
<[email protected]> wrote:
Good Morning Ms. Santiago,
Thank you for your response and
for the additional clarification
concerning the staff’s actions
relating to the 311 system.
I look forward to hearing from Jing
Yeo and working with the City to
find a solution to this problem.
I’m hopeful that we will get back to
a sense of normalcy here and a
more sustainable / livable sound
environment soon.
Have a good Friday and weekend.
Thank you for your time and
acknowledging our problem!
Best regard,
Joey
Joey Marasia
310-699-2383
[email protected]
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 37
Attachment: Written Comments (7559 : Written Comments)
16 On Nov 13, 2025, at
11:24 AM, Sandra
Santiago <Sandra.Santiago@
santamonica.gov>
wrote:
Dear Mr. Marasia,
Thank you for your
message and for
taking the time to
share your concerns
with us and with the
City Council. We
sincerely apologize for
the delay in
responding to your
original complaint and
understand how
frustrating and
disruptive ongoing
noise issues can be to
your quality of life.
We’ve reviewed your
correspondence and
confirmed that your
concerns are part of
your existing 311 case
(CS0182123). Becaus
e your recent message
relates to the same
issue, staff added your
additional information
to that open case to
ensure all
documentation stays
connected. The
matter has been
escalated to Jing Yeo,
Director of
Community
Development, who
oversees Code
Enforcement. You can
expect to hear directly
from her team
regarding next steps.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 38
Attachment: Written Comments (7559 : Written Comments)
17 We appreciate your
patience as staff
review the situation
and coordinate next
steps. Your
engagement as a longtime Santa Monica
resident is valued, and
we want to ensure
your concerns are
being addressed
through the
appropriate channels.
Best,
Sandra
- Sandra A.
Santiago
Assistant to the
City Manager | City
of Santa Monica
cell: 424.280.9820
From: Joseph Marasia <[email protected]
>
Sent: Thursday,
November 13, 2025
9:08 AM
To: Amy Larkin <Amy.Larkin@santamo
nica.gov>; Council
Mailbox <Council.Mailbox@sant
amonica.gov>
Cc: Sandra Santiago <Sandra.Santiago@sant
amonica.gov>; Lana
Negrete <Lana.Negrete@santa
monica.gov>; Caroline
Torosis <Caroline.Torosis@sant
amonica.gov>; Jesse
Zwick <Jesse.Zwick@santamo
nica.gov>; Dan Hall <Dan.Hall@santamonic
a.gov>; Ellis Raskin <Ellis.Raskin@santamo
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 39
Attachment: Written Comments (7559 : Written Comments)
18 nica.gov>; Barry Snell <Barry.Snell@santamo
nica.gov>; Natalya
Zernitskaya <Natalya.Zernitskaya@s
antamonica.gov>
Subject: Re: Ordinance
/ Municipal Code
Update / Passage
Process Request -
Marasia
EXTERNAL
Dear Ms. Larkin,
Thank you for your
response and the
follow up info.
I appreciate you
taking the time to
look into the City’s
311 system, seeing
that I have an open
case and adding in
my email I sent to
the City Council as
evidence of the
current issue.
The case you
reference,
CS0182123, is from
July 2025 and I
already received a
response from this
case. Are you saying
this case is still
open? I have not
gotten any response
concerning this case
over the last few
months, so, I guess
I’m a little confused
on your actions here
and if I’ll ever get a
response from this
case again.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 40
Attachment: Written Comments (7559 : Written Comments)
19 I truly hope you took
the time to fully read
my email and
understand why I
was contacting the
City Council.
The purpose of me
emailing the City
Council was to bring
our current issue
here at 1149-1143
12th Street to a
different and higher
level of the City of
Santa Monica
Government. We
want and need
someone in the
Council to take up
our issue and look
into the problem and
help find a
solution. As I said,
we are looking for
concrete action here
concerning this
issue since our wellbeing as residences
is being affected 24-
7. Unfortunately, after
working with Code
Enforcement now
for a year on this
issue, with slow and
minimal responses /
status updates,
there has been NO
action taken to
resolve the current
issue. Therefore, I’m
disappointed in the
fact that all you did
was attach / forward
my sent Council
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 41
Attachment: Written Comments (7559 : Written Comments)
20 email to my open
311 case to Code
Enforcement.
In my opinion and
from my
experiences, the
City’s 311 system is
a black hole where
issues get buried /
not addressed and
only results in a
response from the
City that only gives
additional
information and not
concrete
results. Basically,
the 311 system gives
the City a way out of
doing actual work
that will actually
help the City’s
residence correct an
issue.
Therefore, we are
looking for a better
way forward to
correct this issue
with concrete
action…not just
words.
Why did you not
start a new 311
case?…Why not
create a new case
that would reach
more departments
that can help?
Are you saying that
the Council, our
elected officials,
don’t what to help
their residence with
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 42
Attachment: Written Comments (7559 : Written Comments)
21 an issue that affects
their daily lives?
Are you saying that
my only recourse is
to try and work with
the City Attorney’s
Office to get them to
act in creating a new
proposal for the
Council to review?
What are my options
if Code Enforcement
does not act, closes
my 311 case and we
are now stuck living
with constant
commercial
mechanical
equipment noises
24 hours a day?
As I said in my
email…there is a
problem here that
needs to be
addressed by the
City and I know that
there is a
solution…We need
the City to
acknowledge the
problem, come up
with a solution and
ACT to fix it for us
residents.
Please advise on my
questions above as I
would like to move
forward to the next
step to have the
Council fully grasp
the current issue
here.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 43
Attachment: Written Comments (7559 : Written Comments)
22 I look forward to
your response and
answers to my
questions.
Thank you for your
time,
Joseph Marasia
Joseph Marasia
1149 12th Street
#207
Santa Monica,
CA 90403
310-699-2383
[email protected] m
On
Nov
12,
2025,
at 4:04
PM,
Counc
il
Mailbo
x <Coun
cil.Mai
lbox@
santa
monic
a.gov>
wrote:
Dear
Mr.
Marasi
a,
Thank
you for
reachi
ng out
and
for
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 44
Attachment: Written Comments (7559 : Written Comments)
23 sharin
g your
conce
rn. We
appre
ciate
your
longtime
reside
ncy
and
engag
ement
with
our
comm
unity.
We
see
that
you
have
an
open
reques
t in
City’s
311
syste
m, and
all the
items
provid
ed
have
been
added
to your
ticket
CS018
2123 f
orwar
ded to
Code
Enforc
ement
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 45
Attachment: Written Comments (7559 : Written Comments)
24 . It has
been
assign
ed to a
superv
isor in
Code
Enforc
ement
. You
can
expect
to
hear
directl
y from
them
regard
ing
your
situati
on.
Regar
ding
ordina
nces
or
updat
es to
the
munici
pal
code:
Chang
es
genera
lly
begin
with a
propo
sal
review
ed by
the
City
Counc
il. For
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 46
Attachment: Written Comments (7559 : Written Comments)
25 detaile
d
guidan
ce,
you
may
wish
to
conta
ct the
City
Attorn
ey’s
Office
at atto
rney@
santa
monic
a.gov.
Enteri
ng
your
conce
rn into
the
311
syste
m
ensure
s it is
formal
ly
docu
mente
d, and
we
hope
the
Code
Enforc
ement
team
will be
able to
work
with
you
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 47
Attachment: Written Comments (7559 : Written Comments)
26 towar
d a
resolu
tion.
Best,
Amy
Larki n
Admini
strative
Staff
Assista
nt- City
Council
City
Manag
er’s
Office
amy.lar
kin@sa
ntamon
ica.gov
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 48
Attachment: Written Comments (7559 : Written Comments)
27 David Yakobson
From: Paula Jones <[email protected]>
Sent: Saturday, February 7, 2026 11:30 AM
Subject: No Insane Asylum in Sunset Park! Every Item on agenda.
Please do not place mentally ill people in a residential neighborhood in sunset park by SMC. This is outrageous.
You bowed to North Santa Monica; they do not have to endure any issues. And so the result is now you will dump on South Santa Monica and place all the mentally ill criminal homeless here to terrorize us? What is wrong with you? This is outrageous.
Homeless are, on a percentage basis, criminals released from jail who come to Santa Monica from outside the area. They are mentally ill, dangerous and do not belong near schools, homes, and regular citizens. They are responsible for the majority of crimes against our citizens and businesses. They have beat up and used gun violence against our children, our police, and our citizens. Why is this acceptable to you? Why are you supportive of our children, police, and citizens being hurt by this group? Expand SamoShell and keep them in one area mandatory. You are ruining our lives.
The gas fumes and noise from the airport have skyrocketed and now you're putting lunatics in our neighborhood to terrorize us and our children. Please stop. Keep our neighborhoods quiet, safe, and clean.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 49
Attachment: Written Comments (7559 : Written Comments)
1 David Yakobson
From: Ashley Oelsen <[email protected]>
Sent: Monday, February 9, 2026 11:41 AM
To: Attorney Mailbox; Oliver Chi; Heidi von Tongeln; councilmtgitems Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Re: URGENT Follow-Up: Request for Review and Meeting – Development and Disposition Agreements with Hollywood Community Housing Corporation (Agenda Item 11A).
Attachments: Third Formal Demand for Corrective Review – HCHC DDAs (Agenda Item 11A).pdf
EXTERNAL
Dear Ms. von Tongeln,
We have not received an update on the letter sent on January 8 regarding the issues surrounding agenda item 11.A, nor a response from your office to our meeting request on January 30.
While we acknowledge the City has found itself in a precarious situation, it is one of its own making. Council members operating with significant conflicts of interest have voted on items that serve their own interests, which is unethical. The legal decisions made by the City Attorney's Office have repeatedly exposed the City to significant financial liability, as Santa Monica teeters on the brink of bankruptcy. And now, the City Attorney's Office is poised to do it again.
We understand that council conflicts, FPPC violations, vote recusals, and a potential revote on Item 11.A (the DDA and HCHC project on 14th Street) could once again place the City in significant legal jeopardy. If a revote were to occur, there is serious probability it would not pass. This would be disastrous: the lease and surplus land have been transferred, $13.5 million from the housing fund has been committed, and contracts have been executed. The developer plans to pursue legal recourse against the City for the time and investment HCHC has committed. Once again, our city faces more litigation due to the decisions made by Council and staff.
Rather than acknowledge this predicament transparently, the City Attorney's Office remains silent, hoping to move the HCHC projects forward as quickly as possible before things spiral further. The truth is things are already out of control. Our city continues to dig itself deeper, and residents, businesses, and taxpayers end up paying the price.
Separate from the vote validity issue, it is important to note that the HCHC developments have never been in the City's financial interest. The record shows that the City was Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 50
Attachment: Written Comments (7559 : Written Comments)
2 repeatedly warned of specific financial, legal, and structural risks before approving and executing the HCHC projects.
On September 18, 2025, Santa Monica Renters' Rights submitted a formal technical memorandum to the City Manager and Council accepting the policy goal of affordable housing but rejecting the financial and legal structure, identifying concrete failure modes.
Those warnings were reiterated and sharpened in a September 30, 2025 Council cover letter responding to staff analysis and developer counsel.
Critically for the HCHC projects, SMRR warned that the City's assumed $150,000 per-unit gap financing was not credible for delivering 100% affordable housing. SMRR's analysis indicated a minimum gap closer to $240,000 per unit, which is consistent with HCHC's actual per-unit costs on comparable projects like Euclid and 14th Street. SMRR also warned that the most likely outcome was that the City itself would be required to complete the projects, either directly or through a nonprofit developer, likely triggering prevailingwage obligations not covered by existing escrows and substantially increasing costs.
Additionally, SMRR cautioned that releasing all project security at construction commencement created material risk, and that prudent contract structuring required continuing security until project completion. Finally, SMRR noted that the in-lieu fee figures bore no meaningful relationship to actual affordable unit production costs, raising fee-nexus and unlawful exaction concerns. These warnings directly implicate the financial assumptions and contractual protections embedded in the HCHC DDAs.
SMRR's written record establishes that financial underestimation, subsidy escalation, prevailing-wage exposure, inadequate security, and defective fee logic were all foreseeable risks before the City approved and executed the HCHC agreements. The City nonetheless proceeded, continuing to rely on disputed assumptions despite repeated notice. This combination of procedural defects, financial recklessness, and documented foreseeability significantly elevates the City's exposure to audit findings, legal challenge, and potential invalidation of the HCHC DDAs.
This begs the question: what are we doing and why?
There is clear evidence that the City’s strongest housing ally warned in writing, repeatedly and unambiguously, that the HCHC structure exposed Santa Monica to financial loss, legal liability, and long-term harm to the public interest.
This brings us full circle. The only reasonable conclusion is that Councilmembers were operating under significant conflicts and advancing their own interests, rendering the December 17, 2024 vote invalid.
The conflicts arising from Councilmember Zwick’s private communication with Sarah Lett's from the Dias and Councilmember Zernaskiya’s campaign contributions are well understood under FPPC guidance, and your office is aware of the associated risks. In contrast, Mayor Torosis’s conflicts continue to be dismissed as illegitimate, despite her senior deputy role within Supervisor Holly Mitchell’s office, who is HCHC’s official government partner on housing development projects.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 51
Attachment: Written Comments (7559 : Written Comments)
3 As residents’ concerns continue to be ignored, additional records are likely to emerge that further substantiate the seriousness of Mayor Torosis’s dual-role conflict.
Our ask to your office is for the City to be transparent and act in good faith. This should be an expectation, not a request.
Lastly, our efforts are not disparage your office; we want to trust in City staff to act in the best interest of Santa Monica. We want our City to succeed and flourish. We want to partner and work together. We want to support City staff and have faith in our Council-members. Unfortunately, we are never given that option.
We look forward to your response. Please see the formal letter attached.
Warmly,
Ashley Oelsen
On behalf of Mid-Wilshire Residents
Santa Monica Neighbors
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 52
Attachment: Written Comments (7559 : Written Comments)
1 February 9, 2026
VIA EMAIL
Heidi von Tongeln
Interim City Attorney
City of Santa Monica
1685 Main Street, 3rd Floor
Santa Monica, CA 90401
Re: Third Formal Demand for Corrective Review – HCHC DDAs (Agenda Item 11A) Dear Ms. von Tongeln,
We write on behalf of Mid-Wilshire Neighbors and affected Santa Monica residents regarding the City Council’s December 17, 2024, approval of the Development and Disposition Agreements with Hollywood Community Housing Corporation (“HCHC”) under Agenda Item 11A.
This letter follows residents’ detailed submissions dated January 8, 2026, and January 30, 2026, which set forth documented conflicts of interest, undisclosed ex parte communications, and procedural defects that fatally compromise the validity of the DDA approval. To date, the City Attorney’s Office has not provided any substantive response or legal determination addressing these issues.
We must emphasize that the legal defects identified are not technical or curable through post-hoc ratification. Under controlling California law, including Petrovich v. City of Sacramento (2001) 91 Cal.App.4th 527, participation by even a single conflicted decision-maker in a quasi-judicial proceeding renders the resulting approval voidable. Here, the conflicts are more severe: both the motion-maker and seconder were subject to disqualifying conflicts, compounded by documented ex parte communications during active proceedings.
Further, the City’s continued implementation of the DDAs after receiving notice of these defects raises independent legal concerns. Once placed on notice of credible Political Reform Act violations, Brown Act / due-process issues, and FPPC complaints seeking invalidation, the City has a duty to halt implementation pending legal review and to advise the City Council accordingly. Proceeding despite known defects exposes the City to significant liability.
The DDAs at issue involve extraordinary public commitments, including:
• Approximately $13.5 million in Housing Trust Fund subsidies; • Conveyance of City-owned land;
• Long-term ground leases extending up to 99 years;
• Federal HUD funds and project-based vouchers triggering heightened disclosure and fiduciary obligations.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 53
Attachment: Written Comments (7559 : Written Comments)
2 If the underlying approval is void or voidable, any subsequent delegation to execute implementing agreements is likewise invalid.
Accordingly, we formally request that the City Attorney’s Office:
1. Immediately suspend further implementation of the HCHC DDAs;
2. Provide a written legal determination regarding the validity of the December 17, 2024 approval considering the conflicts and ex parte communications identified;
3. Advise whether the City contends that a subsequent “re-vote” can lawfully cure defects that tainted the motion, deliberation, and decision-making stages;
4. Confirm that no construction, financing drawdowns, or implementing actions will proceed pending resolution.
Residents and Santa Monica Neighbors are prepared to pursue immediate judicial relief to invalidate the City Council’s December 17, 2024, approval of the HCHC Development and Disposition Agreements (“DDAs”). The approval is void or voidable due to pervasive conflicts of interest, undisclosed ex parte communications, and due-process violations in a quasi-judicial proceeding. Our position is supported by controlling precedent, official FPPC determinations, documentary CPRA evidence, and sworn testimony. Continued City or developer action after notice materially increases exposure.
Absent timely corrective action, residents will be forced to consider all available remedies, including injunctive and validation relief, to protect the public interest and prevent further reliance on an unlawfully approved agreement.
We request a substantive response within ten (10) days of this letter.
Thank you for your attention to this matter.
Respectfully submitted,
Elaine Korowitz
Mid-Wilshire Resident
Kazia Schulloff
Mid-Wilshire Resident
Soon Chung
Mid-Wilshire Resident
Vadim “Dima” Volovik
Mid-Wilshire Resident
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 54
Attachment: Written Comments (7559 : Written Comments)
3 Monique Medolovitz
Mid-Wilshire Resident
MID-WILSHIRE NEIGHBORS
Ashley Oelsen
SANTA MONICA NEIGHBORS
On behalf of concerned residents of the Mid-Wilshire neighborhood Cc:
Santa Monica City Council
City Manager Oliver ChiFair Political Practices Commission California Attorney General’s Office
Northeast Neighbors
SM Mid City Neighbors
Wilshire Montana Neighborhood Coalition
Friends of Sunset Park
North of Montana Association
Pico Neighborhood Organization
Santa Monica Daily Press
Enclosures:
Letter sent on behalf of Mid-Wilshire Residents on January 8, 2026 “RE: URGENT: Request to Include HCHC Agenda Item 11A in Ratification Proceedings Due to Ex Parte Communications and Council Member Conflicts of Interest”
Letter sent on behalf of Mid-Wilshire Residents on January 30, 2026 “URGENT FOLLOW UP – Request for Meeting and Corrective Review of the Development and Disposition Agreements with Hollywood Community Housing Corporation (Agenda Item 11A)” Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 55
Attachment: Written Comments (7559 : Written Comments)
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 56
Attachment: Written Comments (7559 : Written Comments)
1 January 30, 2026
VIA EMAIL
Heidi von Tongeln
Interim City Attorney
City of Santa Monica
1685 Main Street, 3rd Floor
Santa Monica, CA 90401
RE: URGENT FOLLOW UP – Request for Meeting and Corrective Review of the Development and Disposition Agreements with Hollywood Community Housing Corporation (Agenda Item 11A)
Dear Ms. von Tongeln:
I am writing to follow up on the letter submitted on January 8, 2025, on behalf of Mid-Wilshire residents, concerning the Santa Monica City Council’s December 17, 2024 approval of the Development and Disposition Agreements with Hollywood Community Housing Corporation (Agenda Item 11A).
As detailed in that submission, the approval of Agenda Item 11A is compromised by documented conflicts of interest, undisclosed ex parte communications, and procedural deficiencies that implicate due process requirements applicable to quasi-judicial decisions. Based on those concerns, we continue to request that the DDA approval be subject to corrective review and re-ratification through a new City Council vote, with all councilmembers with identified or potential conflicts properly recused from participation.
Since submitting our January 8th letter, our understanding of Mayor Caroline Torosis’s professional conflict has deepened. Mayor Torosis serves as Senior Deputy to Los Angeles County Supervisor Holly Mitchell, whose office maintains extensive policy, funding, and partnerships with Hollywood Community Housing Corporation; a relationship cemented by Supervisor Mitchell giving her official government endorsement to the housing developer. These relationships directly intersect with Supervisor Mitchell’s priority initiatives and the County’s affordable and supportive housing portfolio. Given the depth and scope of these intergovernmental partnerships, it is not credible that Mayor Torosis lacked substantial prior knowledge of, or professional familiarity with, HCHC and its leadership.
This concern is not isolated. It reflects a broader pattern in which Mayor Torosis’s County-based professional obligations, insider knowledge, and policy priorities have overlapped with City Council decision-making, including prior controversial development matters involving Countyaligned nonprofit partners. Such circumstances raise serious questions regarding disclosure and recusal obligations, as well as residents’ ability to trust that decisions are being made free from divided loyalties. Transparency and public confidence are undermined when these relationships are not fully disclosed or independently reviewed.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 57
Attachment: Written Comments (7559 : Written Comments)
2 Additionally, we are seeking clarity regarding unresolved questions surrounding the project’s financing and the representations made by Hollywood Community Housing Corporation regarding funding sources. The Development and Disposition Agreements designate 82 units for affordable senior housing and 40 units for permanent supportive housing utilizing project-based vouchers from the Santa Monica Housing Authority. Despite this, state funding designated for fire-victim housing has been applied to support a project that was already well underway prior to the fires.
While we fully support providing housing for individuals displaced by wildfires, including those from our neighboring Palisades community, our concern lies with the material discrepancy between the funding mechanisms represented during the approval process and the financing structure ultimately utilized. This project has received approximately $13.5 million from the Santa Monica Housing Trust Fund, along with the conveyance of a city-owned parking lot valued at approximately $5.4 million, totaling $18.9 million in public assets. Redirecting these limited local resources places long-term senior Santa Monica residents, many of whom have waited decades on the affordable housing list at a clear disadvantage, undermining the purpose for which the project was presented to the community.
Further, we are compelled to note that during the January 13, 2026, City Council meeting, the discussion from the dais did not substantively engage with the conflict-of-interest and procedural issues raised by residents. Instead, those concerns were set aside in favor of generalized policy arguments regarding the importance of affordable housing, without addressing the specific ethics, disclosure, and due process violations identified, particularly those involving Councilmember Jesse Zwick. Based on the dialogue and conduct of the Council during that meeting, which reflected avoidance rather than direct transparency, residents have serious reservations as to whether the issues raised are receiving the thorough, independent legal review their gravity requires.
We are requesting substantive legal analysis and corrective action, not procedural performance or generalized policy justification.
Accordingly, we respectfully request a meeting with your office and City Manager Oliver Chi to discuss:
1. The appropriate corrective and re-ratification process for Agenda Item 11A;
2. The scope of councilmember recusals necessary to ensure an untainted vote; and
3. The legal and policy implications surrounding the project’s funding sources and approvals.
Given the project timeline and the significance of the issues raised, clarity from your office regarding the status of this request is critical to ensuring that Agenda Item 11A receives appropriate corrective review.
Thank you for your attention to this matter.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 58
Attachment: Written Comments (7559 : Written Comments)
3 Respectfully submitted,
Elaine Korowitz
Mid-Wilshire Resident
Kazia Schulloff
Mid-Wilshire Resident
Soon Chung
Mid-Wilshire Resident
Vadim “Dima” Volovik
Mid-Wilshire Resident
Monique Medolovitz
Mid-Wilshire Resident
MID-WILSHIRE NEIGHBORS
Ashley Oelsen
SANTA MONICA NEIGHBORS
On behalf of concerned residents of the Mid-Wilshire neighborhood Cc:
Santa Monica City Council
City Manager Oliver Chi
Fair Political Practices Commission
California Attorney General’s Office
Northeast Neighbors
SM Mid City Neighbors
Wilshire Montana Neighborhood Coalition
Friends of Sunset Park
North of Montana Association
Pico Neighborhood Organization
Santa Monica Daily Press
Enclosure:
Letter sent on behalf of Mid-Wilshire Residents on January 8, 2026 “RE: URGENT: Request to Include HCHC Agenda Item 11A in Ratification Proceedings Due to Ex Parte Communications and Council Member Conflicts of Interest”
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 59
Attachment: Written Comments (7559 : Written Comments)
1 January 8, 2025
VIA EMAIL
Heidi von Tongeln
Interim City Attorney
City of Santa Monica
1685 Main Street, 3rd Floor
Santa Monica, CA 90401
RE: URGENT: Request to Include HCHC Agenda Item 11A in Ratification Proceedings Due to Ex Parte Communications and Council Member Conflicts of Interest Dear Ms. von Tongeln:
We respectfully request that the City Attorney’s Office investigate potential conflicts of interest, undisclosed ex parte communications, and procedural violations related to the Santa Monica City Council’s December 17, 2024 vote approving Development and Disposition Agreements with Hollywood Community Housing Corporation (HCHC) for the properties located at 1217 Euclid Street, 1211–1217 Fourteenth Street, and 1402 Wilshire Boulevard (Agenda Item 11A).
We further request that this matter be placed on a forthcoming City Council agenda for consideration of ratification or rescission, consistent with the remedial actions currently being undertaken in response to Councilmember Jesse Zwick’s documented conflict of interest arising from his simultaneous service on the City Council and employment as a housing lobbyist.
City staff has requested that the City Council ratify prior housing-related actions taken since July 2025, when Councilmember Zwick’s conflict arose. Agenda Item 11A involving Hollywood Community Housing Corporation should be included in that ratification review alongside other affected housing-related actions.
I. VOTING RECORD – DECEMBER 17, 2024
The following Councilmembers voted in favor of Agenda Item 11A: Jesse Zwick, Natalya Zernitskaya, Caroline Torosis, Dan Hall, Barry Snell, and Ellis Raskin. As detailed below, substantial conflicts of interest and procedural violations affected at least three of these votes.
II. MAYOR PRO TEM ZWICK – IMPROPER EX PARTE COMMUNICATIONS California Public Records Act responses document private communications between Council Member Zwick and HCHC Executive Director Sarah Letts during active City Council proceedings.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 60
Attachment: Written Comments (7559 : Written Comments)
2 June 25, 2024 (CPRA Response R031384):
During an active council meeting while residents provided public comment opposing the HCHC project, Council Member Zwick emailed Sarah Letts from the dais: "I'm writing from council, where 30 mid-city neighbors are angrily denouncing the project and possessed with a lot of misinformation. Hopefully some of it can be cleared up at these meetings… but fair warning I imagine they will be hot."
August 27, 2024 (CPRA Response R033709):
During an evening council meeting, Council Member Zwick sent a private email directly to Sarah Letts asking: "Is this the course of action you want to pursue, or would you prefer to stick to the original proposal?" Ms. Letts replied directly to Zwick: "We are now fully behind this alternate proposal."
Legal Analysis:
DDA approvals are quasi-judicial proceedings requiring impartial decision-makers who base decisions solely on the public record. Under Government Code Section 11430.10 et seq. and established due process principles, ex parte communications are prohibited unless disclosed on the record with opportunity for all parties to respond. Council Member Zwick's communications—characterizing resident concerns as "misinformation" and soliciting the applicant's preferred course of action—were not disclosed on the record and constitute grounds for invalidating subsequent HCHC-related votes.
DDA approvals are quasi-judicial proceedings. When the City Council decides whether to approve a specific contract with a specific applicant, it acts in a judicial capacity—weighing evidence, determining facts, and applying legal standards to a particular matter affecting identifiable parties. Constitutional due process requires that decision-makers in quasi-judicial proceedings: remain impartial and free from bias; base their decisions solely on the record developed at public hearings; avoid private communications with parties about the substance of pending matters; disclose any ex parte contacts on the record so other parties can respond.
Council Member Zwick violated every one of these principles III. MAYOR TOROSIS – UNDISCLOSED PROFESSIONAL CONNECTIONS Councilmember Caroline Torosis serves as a Senior Policy Director for Los Angeles County Supervisor Holly J. Mitchell.1
This employment relationship creates a significant and
undisclosed conflict of interest with respect to the December 17, 2024 City Council vote.
According to HCHC’s own public website and project materials, the Office of Supervisor Holly J. Mitchell is specifically identified as the government partner for multiple HCHC developments operating throughout Los Angeles County. Los Angeles County, acting through Supervisor Mitchell’s office, is also listed as the public sponsor or governmental partner for several of these 1 Los Angeles County Board of Supervisors, Supervisor Holly J. Mitchell Office, Senior Policy Director role description and policy portfolio, including workforce development and economic opportunity (County organizational materials and public staff listings).
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 61
Attachment: Written Comments (7559 : Written Comments)
3 projects. These designations reflect formal intergovernmental relationships involving public financing, approvals, and County participation.2
As a senior staff member in Supervisor Mitchell’s office, Councilmember Torosis holds policy responsibilities over workforce development and economic opportunity, subject areas that are directly implicated in affordable housing development and related public funding decisions. The intergovernmental financial relationships publicly attributed to Supervisor Mitchell’s office therefore directly intersect with Councilmember Torosis’s professional role and responsibilities.3 During the December 17, 2024, City Council meeting, Councilmember Torosis remarked to HCHC representative Sarah Letts that she had “heard great things about you,” indicating prior familiarity or communications.4
Despite this, Councilmember Torosis made no disclosure on the record of any preexisting professional relationship with HCHC or its representatives, nor did she recuse herself from participation.
Critically, Councilmember Torosis moved the motion to approve the HCHC agreement, which was seconded by Councilmember Jesse Zwick.5 Her direct role in advancing the item, combined with her employment in the office that HCHC itself identifies as its government partner, raises serious questions regarding compliance with Government Code section 87100 et seq.6 and the City’s Code of Ethics7 and warrants immediate review.
IV. COUNCIL MEMBER ZERNITSKAYA – LEVINE ACT VIOLATION
An FPPC complaint has been filed regarding Councilmember Zernitskaya’s potential violation of Government Code section 84308 (the Levine Act).
John Maceri, CEO of The People Concern, contributed $400 to Councilmember Zernitskaya’s campaign ($250 on May 28, 2024 and $150 on June 26, 2024). On December 17, 2024, less than twelve months later, Councilmember Zernitskaya voted in favor of the HCHC DDA. 2 Hollywood Community Housing Corporation (HCHC), Project Descriptions and Partner Listings, publicly identifying the Office of Los Angeles County Supervisor Holly J. Mitchell as the government partner for multiple HCHC developments (HCHC website, project pages). See also Los Angeles County, acting through Supervisor Holly J. Mitchell’s office, listed as public sponsor or governmental partner for HCHC developments involving public financing and intergovernmental participation.
3 See note 2, supra. 4 City of Santa Monica City Council Meeting, December 17, 2024, video recording and meeting transcript, remarks by Councilmember Caroline Torosis directed to HCHC representative Sarah Letts (“I’ve heard great things about you”), reflecting prior familiarity (meeting observation and public record). 5 City of Santa Monica City Council Meeting, December 17, 2024, agenda item record and motion history, reflecting that Councilmember Caroline Torosis moved approval of the HCHC agreement and Councilmember Jesse Zwick seconded the motion (official minutes and agenda materials). 6 Gov. Code § 87100 et seq. (Political Reform Act of 1974) (prohibiting public officials from making, participating in, or influencing governmental decisions in which they have a financial interest). 7 City of Santa Monica Code of Ethics and Conduct, conflict of interest and disclosure provisions applicable to City Councilmembers (City of Santa Monica Municipal Code and ethics policies).
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 62
Attachment: Written Comments (7559 : Written Comments)
4 The People Concern is expressly identified in the staff report as HCHC’s designated supportive services provider for the project, responsible for case management and services for the permanent supportive housing units.
Government Code section 84308 prohibits an official from participating in a proceeding involving a party who has contributed more than $250 within the preceding twelve months. We request that your office review Councilmember Zernitskaya’s disclosures and determine whether her participation violated the statute.
V. PUBLIC TRUST & FINANCIAL COMMITMENT
The HCHC project entails a 99-year commitment of public land and approximately $13.5 million in Housing Trust Fund resources. Residents, particularly those in the Mid-Wilshire neighborhood directly affected by these developments, are entitled to confidence that the decision was made free of undisclosed ex parte communications, prohibited campaign influence, or professional conflicts of interest.
VI. APPLICABLE LEGAL STANDARDS
1. Government Code section 84308 (Levine Act)
2. Government Code section 87100 et seq.
3. Government Code section 11430.10 et seq.
4. Due Process Clause, U.S. Constitution, Fourteenth Amendment
5. California Constitution, Article I, section 7
VII. REQUESTED ACTIONS
We respectfully request that the City Attorney’s Office:
1. Include Agenda Item 11A involving Hollywood Community Housing Corporation (December 17, 2024) in list of City Staff’s recommended ratifications alongside other affected housing-related actions.
2. Investigate Councilmember Zwick’s undisclosed ex parte communications.
3. Investigate whether Councilmember Torosis had undisclosed relationships requiring disclosure or recusal.
4. Provide a written determination regarding whether any votes were legally compromised.
5. If violations are confirmed, declare the approval void and require a new vote with conflicted members recused.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 63
Attachment: Written Comments (7559 : Written Comments)
5 CONCLUSION
If Councilmember Zwick’s housing votes require ratification due to employment-related conflicts, then votes affected by undisclosed ex parte communications, campaign contributions from direct beneficiaries, and professional conflicts warrant equivalent scrutiny.
The documented communications demonstrate conduct incompatible with the impartiality required in quasi-judicial proceedings. Prompt action is necessary to ensure that any corrective measures can be addressed alongside other affected housing-related actions.
Respectfully submitted,
Elaine Korowitz
Mid-Wilshire Resident
Kazia Schulloff
Mid-Wilshire Resident
Soon Chung
Mid-Wilshire Resident
Vadim “Dima” Volovik
Mid-Wilshire Resident
MID-WILSHIRE NEIGHBORS
Ashley Oelsen
SANTA MONICA NEIGHBORS
On behalf of concerned residents of the Mid-Wilshire neighborhood cc:
Santa Monica City Council
City Manager Oliver Chi
Fair Political Practices Commission
California Attorney General’s Office
Northeast Neighbors
SM Mid City Neighbors
Wilshire Montana Neighborhood Coalition
Friends of Sunset Park
North of Montana Association
Pico Neighborhood Organization
Santa Monica Daily Press
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 64
Attachment: Written Comments (7559 : Written Comments)
6 Enclosures:
1. CPRA Response R031384 – Email Exchange: Zwick/Letts (June 25, 2024) [attached]
2. CPRA Response R033709 – Email Exchange: Zwick/Letts (August 27, 2024) [attached]
3. HCHC Government Partners: https://hollywoodhousing.org/about-hchc/
4. Supervisor Holly Mitchell’s Team Roster: https://mitchell.lacounty.gov/teammitchell/
5. December 17, 2024 Staff Report, Agenda Item 11A:
https://santamonicacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1421
6. NetFile Campaign Finance Records (Maceri contributions to Zernitskaya):
https://public.netfile.com/pub2/?aid=CSM
7. News articles re: Jesse Zwick FPPC ruling (December 2025):
Santa Monica Daily Press: https://smdp.com/state-regulators-say-councilman-zwick-isconflicted-on-housing-votes/ Westside Current: https://www.westsidecurrent.com/santa_monica/former-bonin-advisorchallenged-over-potential-conflicts-on-santa-monica-council/article_0129454b-0f6c-4a0e-81d4- 595f8c626fb5.html
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 65
Attachment: Written Comments (7559 : Written Comments)
From: Sarah Letts
To: Jesse Zwick
Subject: Re: Wilshire Sites - proposed affordable housing Date: Tuesday, June 25, 2024 7:41:12 PM
Attachments: image001.png
EXTERNAL
Hello Jesse,
Thank you for letting me know. I’m busy tonight and plan to listen to the public comment tomorrow.
All my best,
Sarah
On Jun 25, 2024, at 6:26 PM, Jesse Zwick <[email protected]> wrote:
Hi Sarah,
I’m writing from council, where 30 mid-city neighbors are angrily denouncing the project and possessed with a lot of misinformation.
Hopefully some of it can be cleared up at these meetings… but fair warning I imagine they will be hot.
From: Sarah Letts <[email protected]>
Date: Tuesday, June 25, 2024 at 3:55 PM
To: Jesse Zwick <[email protected]>
Subject: Wilshire Sites - proposed affordable housing
EXTERNAL
Hello Councilmember Zwick,
I hope you are doing well. I’m reaching out to make sure you’ve heard that Hollywood Community Housing will host two more community meetings to discuss the proposed affordable housing on the city-owned parking lots near Wilshire. Attached is the flyer for the community meetings on Monday, July 8th (in-person at St. Anne’s) and Wednesday, July 10th (Zoom). If you want to share information with your constituents, we are asking people to register for the community meetings via the project website so we can estimate the number of attendees. https://hchcsantamonica.org/community-meetings/ Please let me know if you have questions or would like to schedule a time to talk.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 66
Attachment: Written Comments (7559 : Written Comments)
From: Sarah Letts
To: Jesse Zwick
Subject: Re: Agenda Items 16-J - comment submitted by HCHC Date: Tuesday, August 27, 2024 8:00:20 PM
Attachments: image001.png
EXTERNAL
Good question and thank you for asking. We are now fully behind this alternate proposal.
Our Gramercy Place Apartments in mid-City LA is 64 units for people 55 and older and half of the units are PSH for seniors aged 55+. Gramercy is serving the residents and the neighborhood really well, and we think our alternate proposal for Santa Monica will also be an excellent project.
On Aug 27, 2024, at 6:55 PM, Jesse Zwick <[email protected]> wrote:
Hi Sarah,
Is this the course of action you want to pursue, or would you prefer to stick to the original proposal?
Jesse
From: Douglas Sloan <[email protected]>
Date: Tuesday, August 27, 2024 at 6:46 PM
To: Jesse Zwick <[email protected]>
Subject: Fwd: Agenda Items 16-J - comment submitted by HCHC Doug Sloan
City Attorney
CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED
From: David White <[email protected]>
Sent: Tuesday, August 27, 2024 3:31:16 PM
To: Heather Averick <[email protected]>; David Martin <[email protected]>; Douglas Sloan <[email protected]> Subject: FW: Agenda Items 16-J - comment submitted by HCHC FYI
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 67
Attachment: Written Comments (7559 : Written Comments)
<image002.jpg>
David White
City Manager
santamonica.gov
Facebook | Twitter | Instagram
Subscribe to City of Santa Monica Email Updates
From: Sarah Letts <[email protected]>
Sent: Tuesday, August 27, 2024 11:53 AM
To: councilmtgitems <[email protected]>
Cc: David White <[email protected]>; Victoria Senna <[email protected]>; Kristin Gunther <[email protected]> Subject: Agenda Items 16-J - comment submitted by HCHC
EXTERNAL
The following comment is submitted for agenda item number 16 J.
Dear Mayor Brock and Councilmembers,
Thank you for selecting Hollywood Community Housing Corporation (HCHC) as the developer for the Wilshire Sites and for authorizing the City to enter into the Exclusive Negotiation Agreement, signed in May 2024. Through the recent community engagement process, we have received, reviewed and categorized hundreds of public comments during in-person meetings, virtual meetings, public comment during council meetings and via the project’s website and email address. Based upon this feedback, we have explored other ways to configure the proposed project. The latest concept is to follow through with the plan to develop 45 units of affordable family housing located at 1217 Euclid Street, but to modify the proposal for the other 85 apartments.
As we explore alternate scenarios for the 85 apartments, our goal is to both address the needs of Santa Monicans and to bring housing resources to the City by competing for loans and tax credits from the State of California.
To the first point, we agree with community feedback that the development could prioritize low-income seniors aged 55 and over. The 2024 LA County homeless count identified nearly 1,400 people 55 and over experiencing homelessness in Service Planning Area (SPA) 5 which includes Santa Monica. This amounts to 25% of all homeless persons in SPA 5. As noted in the City’s Housing Element, Santa Monica’s senior population has grown to over 16,000 residents aged 65 and above. One of the policy priorities in the Housing Element is support for senior housing. Per state tax Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 68
Attachment: Written Comments (7559 : Written Comments)
credit application regulations Section 10325(g)(2)(A) for senior projects and the California Civil Code, qualifying residents of a senior building utilizing tax credit funding must be aged 55 years or older. This means if the building will include a senior age restriction, all units must be restricted by age not just a portion of the units.
To the second point, public financing from the state to build affordable housing is limited and highly competitive. For projects to successfully secure these resources they must be structured to maximize competitiveness based on funding program and policy priorities. Current public policy is focused on providing funds for developments that include supportive housing units. Projects that don’t include supportive housing units are unlikely to secure state resources. For example, on March 5th California voters passed Proposition 1, a $6.3 billion bond to fund housing for persons experiencing homelessness. There are also state funding programs with special set asides for senior housing that the project could access, but those funding programs also require a certain percentage of the project’s units be set aside for supportive housing. To put it simply, the inclusion of 40 supportive housing units for seniors aged 55 and over will allow HCHC to pursue state resources and minimize the amount of funding needed from the City.
For these reasons, HCHC recommends that in addition to developing 45 units of affordable family housing on Euclid, that the development include 85 units of senior housing, including 40 units of supportive housing for seniors aged 55 and over. We sincerely hope to have the opportunity to contribute to the City’s legacy of addressing the housing needs of all Santa Monicans.
Thank you for your consideration.
Sarah Letts and the HCHC Development Team
Sarah Letts | Executive Director (she/her – what is this?) <image001.png>
5020 Santa Monica Blvd. | Los Angeles, CA | 90029-2412
P: 323.454.6210 | F: 323.454.4677 | E: [email protected] www.hollywoodhousing.org | Facebook | Instagram
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 69
Attachment: Written Comments (7559 : Written Comments)
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 70
Attachment: Written Comments (7559 : Written Comments)
1 David Yakobson
From: Arroy Lincoln <[email protected]>
Sent: Monday, February 9, 2026 3:51 PM
To: Caroline Torosis; Jesse Zwick; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Natalya Zernitskaya; [email protected]; councilmtgitems; Santa Monica City Manager's Office; Tati Simonian; City of Santa Monica; Code Enforcement; Planning; [email protected]; Parking; [email protected]; [email protected]; Housing and Human Services Department; [email protected]; Attorney Mailbox; [email protected]; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Urgent: Disabled Tenants Trapped by Developer Alley Closure — Immediate Action Required
EXTERNAL
Dear Mayor Torosis, City Council Members, City Officials, and Members of the Press, What is currently happening at 1626 Lincoln Blvd in Santa Monica should alarm anyone who cares about civil rights, disability access, and basic human dignity.
A wealthy, out-of-town developer at 1650 Lincoln Blvd, next to Mel’s Drive-In, has been permitted to close the alley that provides the only access to underground parking for a residential building For THREE WEEKS starting today. The result is the complete elimination of ADA-compliant access for more than 12 disabled tenants and over 65 families.
These are elderly, disabled, and medically fragile residents — people who rely on wheelchairs, walkers, canes, and oxygen simply to move through daily life. Cutting off their parking access is not a scheduling inconvenience. It is dangerous, discriminatory, and degrading.
The building sits on a busy downtown corridor with zero street parking. The so-called “alternative parking” being discussed is reportedly ¼ mile away.
Asking disabled and chronically ill people to walk a quarter mile — often carrying medical equipment — is not an accommodation. It is a denial of access.
Observers are rightly asking:
How is this legal? How is this humane? And why is the City allowing it to continue? What stands out most is the power imbalance. A rich developer appears to have been given priority, while low-income and disabled residents absorb the harm. This looks less like routine construction management and more like wealth and influence overriding civil rights protections.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 71
Attachment: Written Comments (7559 : Written Comments)
2 Permits do not override the Americans with Disabilities Act, California accessibility law (Title 24), or fair housing protections. Temporary approvals do not justify weeks-long disability discrimination.
Allowing this situation to persist exposes the City to serious legal, ethical, and reputational consequences.
Tenants, community members and advocates are calling for immediate corrective action, including:
Immediate restoration of ADA-compliant access
Truly accessible, nearby parking, not a quarter mile away, and not for three weeks Transparency and accountability for the decisions that enabled this harm This is not a technical dispute.
It is a civil rights failure playing out in real time.
Disabled residents are being effectively told that their safety, health, and independence are secondary to a developer’s construction timeline. That message contradicts everything Santa Monica claims to stand for.
Photos, videos, documentation, and residents willing to speak publicly are available. The harm is ongoing, visible, and entirely preventable.
The question now is whether the City will act to protect disabled residents, or continue allowing wealth and convenience to outweigh the law and basic human decency.
Members of the press are copied on this email for transparency and public accountability.
Sincerely,
Tenants of 1626 Lincoln Blvd and Concerned Community Members and Disability Rights Advocates Santa Monica, CA
긒긓 818-425-2637 | 213-373-4256
긼긽긾긿김깂깁 [email protected]
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 72
Attachment: Written Comments (7559 : Written Comments)
1 David Yakobson
From: Arroy Lincoln <[email protected]>
Sent: Monday, February 9, 2026 4:15 PM
To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Cc: Caroline Torosis; Jesse Zwick; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Natalya Zernitskaya; [email protected]; councilmtgitems; Santa Monica City Manager's Office; Tati Simonian; City of Santa Monica; Code Enforcement; Planning; [email protected]; Parking; [email protected]; [email protected]; Housing and Human Services Department; [email protected]; Attorney Mailbox; [email protected]; [email protected]; [email protected]; [email protected] Subject: Urgent: Disabled Residents Abandoned While City Sides with Wealthy Developer — ADA Crisis on Lincoln Blvd
EXTERNAL
Dear Members of the Press,
This is a story about power, neglect, and people being harmed in plain sight—and it is happening right now in Santa Monica.
A wealthy, out-of-town developer at 1650 Lincoln Blvd, next to Mel’s Drive-In, has been allowed to close the alley that provides the only access to underground parking for a residential building at 1626 Lincoln Blvd for three full weeks . As a result, ADA access has been effectively eliminated for more than a dozen disabled residents and over 65 families.
These are not abstract policy impacts. These are real people—elderly residents, people with disabilities, people undergoing medical treatment—some using wheelchairs, walkers, canes, or oxygen just to function day to day.
The building sits on a busy downtown corridor with zero street parking. The “alternative” being discussed is parking a quarter mile away.
For healthy people, that’s an inconvenience.
For disabled and medically fragile residents, it is dangerous, humiliating, and impossible.
What makes this story so disturbing is not just the hardship—it’s the imbalance of power.
A rich developer’s construction schedule has been allowed to outweigh the civil rights, safety, and dignity of vulnerable residents. City approvals appear to have been granted without regard for the Americans with Disabilities Act, California accessibility law, or fair housing protections. Whether intentional or not, the effect is the same: disabled people are paying the price.
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 73
Attachment: Written Comments (7559 : Written Comments)
2 Residents are reporting:
Being unable to safely enter or leave their homes
Increased medical risk
Anxiety, fear, and distress
Loss of independence and basic mobility
This is not a “construction inconvenience.”
It is a civil rights failure unfolding in real time.
The City has been notified. Officials are aware. And yet, the situation continues.
That raises urgent questions the public deserves answers to:
Why was ADA access allowed to be cut off for weeks?
Why were disabled residents expected to absorb the harm? Why does a developer’s timeline matter more than federal and state law? This is a story about who gets protected and who gets ignored. About wealth and influence versus disability and vulnerability. About whether civil rights mean anything when they become inconvenient.
Photos, videos, documentation, and residents willing to speak publicly or on camera are available immediately.
Sincerely,
Tenants of 1626 Lincoln Blvd and Concerned Community Members and Disability Rights Advocates Santa Monica, CA
긒긓 818-425-2637 | 213-373-4256
긼긽긾긿김깂깁 [email protected]
Item 1
February 10, 2026
Item 1
February 10, 2026
1.A.a
Packet Pg. 74
Attachment: Written Comments (7559 : Written Comments)
City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.A
1 of 4
To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Award Nurse Practitioner Agreements for Advanced Provider Unit Program Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to negotiate and execute an agreement with Erin Tomlinson for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section 2.24.250(i) and 2.24.240(a) and for an amount not to exceed $598,643, with future year funding contingent on Council budget approval; and
3. Authorize the City Manager to negotiate and execute an agreement with Alex Perez Sandi as a Nurse Practitioner for the Advanced Provider Unit for the Fire Department. This recommended award is made as an exception to the competitive bidding process pursuant to Santa Monica Municipal Code Section
2.24.250(i) and 2.24.240(a) and for an amount not to exceed $598,643, with future year funding contingent on Council budget approval.
Summary
The Santa Monica Fire Department’s Advanced Provider Unit (“APU”) is one of the City’s newest programs to focus on the City’s most vulnerable populations and provide them with resources and better access to the help they need. The APU is staffed with a Firefighter Paramedic and Nurse Practitioner, and the Fire Department has spent the past few months creating protocols, stocking the APU vehicle, and interviewing Nurse Practitioners. While the City has already contracted with three Nurse Practitioners for the first APU, a second APU was recently authorized and more Nurse Practitioners are
4.A
Packet Pg. 75
2 of 4
needed to ensure maximum coverage and no operational downtime. Staff recommends awarding agreements to Erin Tomlinson and Alex Perez Sandi as Nurse Practitioners for the APU.
Discussion
On October 28, 2025, Council adopted the Santa Monica Realignment Plan which authorized the creation of a second APU within the Fire Department. This supplements the first APU authorized by Council on June 24, 2025, as part of the FY 2025-27 Biennial Budget. The combined APUs supplement the City’s first response capability by having dedicated units to better address the needs of persons experiencing homelessness and other vulnerable populations.
Each APU is staffed by a Firefighter Paramedic and Nurse Practitioner on a 40 hour per week schedule. Each APU provides the following:
1. Comprehensive Care. The APU can perform comprehensive assessments, treat, and release patients. Unlike paramedics and emergency medical technicians, a Nurse Practitioner can medically clear patients, which keeps low acuity patients out of the hospital. This not only frees up hospital beds for those in need but keeps Fire Department units available as they no longer have to wait for a bed.
2. Homelessness Intervention. The APU can function as mobile urgent care for the unhoused population. In addition to medically clearing individuals, the unit can provide point-of-care testing for conditions such as flu, strep, and blood abnormalities. If issues are detected, the APU can prescribe necessary medications, such as antibiotics, enhancing the speed and efficacy of treatment.
3. Community Paramedicine. The APU can make house calls to Santa Monica residents, providing post-discharge care, testing, and follow-up after hospital release, thus reducing the potential for future 9-1-1 calls.
4. Versatility and Advanced Treatment. The APU can deliver a high level of medical care and intervention. This benefit extends to our partners in the Santa Monica Police Department, as they can rely less on external medical partners to medically clear detainees for booking. Since the APU is a City resource, the City will not incur charges for these services, resulting in cost savings.
4.A
Packet Pg. 76
3 of 4
The Fire Department opted to contract with Nurse Practitioners rather than create a city position to maximize operational uptime and scheduling flexibility. Over the past few months, staff has drafted job responsibilities and requirements, held an informational session that was attended by over 40 potential Nurse Practitioners, and conducted two rounds of interviews. On September 30, 2025, Council approved three Nurse Practitioner agreements for the first APU which went live shortly thereafter. With the second APU approved on October 28, 2025, the department requires additional Nurse Practitioners to ensure adequate and consistent staffing.
Given that the APU was funded largely to address persons experiencing homelessness and other vulnerable populations, staff is utilizing the Local Emergency on Homelessness to expedite the process to hire Nurse Practitioners.
Exception to the Competitive Bidding Process
Consistent with the initial Proclamation of the City Council Declaring a Local Emergency on Homelessness adopted by Council on February 14, 2023, and most recently extended on December 16, 2025, the contract awards qualify as an emergency award pursuant to SMMC 2.24.240(a) and subsequently is recommended as an exception to the competitive bidding process pursuant to SMMC 2.24.250(i).
Staff recommends awarding the following agreements for Nurse Practitioners to:
1) Erin Tomlinson: initial 1-year term with a not to exceed amount of $79,553 (including a $12,353 contingency), with four 1-year renewal options, for a total not to exceed amount of $598,643
2) Alex Perez Sandi: initial 1-year term with a not to exceed amount of $79,553 (including a $12,353 contingency), with four 1-year renewal options, for a total not to exceed amount of $598,643
Environmental Review
The agreements for Nurse Practitioners would have no possibility of significant effect on the environment and therefore is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. The medical services provided by the Nurse Practitioners have no environmental impacts and thus would be exempt under the Common Sense Exemption.
4.A
Packet Pg. 77
4 of 4
Past Council Actions
Meeting Date Description
12/16/2025 Adoption of Resolution Ratifying Homelessness Emergency Proclamation
10/28/2025 Santa Monica Realignment Plan
09/30/2025 Award Nurse Practitioner Agreements for Advanced Provider Unit
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award agreements with Erin Tomlinson and Alex Perez Sandi to operate as Nurse Practitioners for the Advanced Provider Unit for the Fire Department.
Agreement Request
Contract
FY 2025-26
Request
Amount
Future
Years
Amount
Department Account # Total Contract
Amount
Erin Tomlinson $79,553 $519,090 01190005.550010 $598,643 Alex Perez Sandi $79,553 $519,090 01190005.550010 $598,643 Total $1,197,286
Future year funding is contingent on Council budget approval.
Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council
Attachments:
A. E Tomlinson - Oaks
B. E Tomlinson - Levine Act
C. A Perez Sandi - Levine Act
D. A Perez Sandi - Oaks
4.A
Packet Pg. 78
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection.
It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.
Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
4.A.a
Packet Pg. 79
Attachment: E Tomlinson - Oaks (7305 : Additional Nurse Practitioners for Fire Department)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-monthperiod;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: Title:
Signature: Date:
Email: Phone:
Permit #
FOR CITY USE ONLY:
Bid/PO/Contract #
4.A.a
Packet Pg. 80
Attachment: E Tomlinson - Oaks (7305 : Additional Nurse Practitioners for Fire Department)
!
"
# "$% $ &
"
'#$
()
*)+,
*
*
-
.
/
/
*/
),
.
* -
+
-)
0122
3)
)*3
)/
.3
)3
-).
.
/
* *
*
)*
.
-/) -
4
567258 9869)
.
:,
: 3;<,
=
.
**
.
-
/
. **
.
-
/
.
..
-
4()<,
=).
.> 4
.?-4
@56754@/3)
) ;
-
.
)*
3) A/*
*
A
-/
3 *)
*
.
)
/*/
*
.
-/3)B
)+.-
)
-
3) ./
.;
8@9
.*
/
.
-
**
.
.*
.
)3
.+
)
3 )
.. )*
C
8>9 + + .
C
879 )
)B
-
/
/
.
A
.C
869D .
A
- )3)*
)*
.
-
-
/
*/)
.
..
.
) +
..
)@>
)*)*
.
-4
E
.,
.++ .
.
+
.
)3
-
A4()* A
-)
*
+.
-3))
*
*
+
,
*
*
-)4
)*;FF3334-4
F.*
F
F
)*;FF3334
4-F.*
F
G
)*;FF3334-4
F+ .F
HIJKLMNOLMNPQMRSITLOMPITLIUKTVMTWKXIYZMZLMNMPLMNPQMRSITLORI[KITL SMY\V\QIYQMTVP\WNV\MT]MZRMPKVXIT^_``VMITL\VL
ZZ\QKP\TVXKVaKYJKRMTVX]SPKQK[\TU
VXK[IVKMZVXK]NWR\]]\MTMZLMNPISSY\QIV\MTMPSPMSM]IYb
ccccdefccccgh i
+,
;ccccccccccccccccccccccccccccccccc
i
+;ccccccccccccccccccccccccccccccccccccccccccccccccc 89
+
89;cccccccccccccccccccccccccccccccccccccccccccc
89cccccccccccccccccccccccccccccccccccccccccccccccccccccccc j *
+3
.F .. ..
)89.
..
+
,
3)
.F -
.
* -
+
4
klm
klm
klm
klm
4.A.b
Packet Pg. 81
Attachment: E Tomlinson - Levine Act [Revision 1] (7305 : Additional Nurse Practitioners for Fire Department)
!"
#$
%
#
&'()*+)+*,-./01'/23-45)6''/27.(/7*4--5/8)(3./(-5/59-:)5'7+'62524- 3/+54),25)/+(;78-5/:/2+3).;-;,-4(/4/59-4:)5'<66)3-4(,''/2/4'/247*-+5=(> 765-459-875-/6()*+)+*59)(8)(3./(24-6/4;17+80)59)+?@;/+59(6/../0)+*59- 7AA4/B7.14-+-07.1/4-C5-+()/+/659-4-D2-(5-83/+547351.)3-+(-1A-4;)51/4 -+5)5.-;-+5E
$FGHGI$JKGLK
I%LGMJGJKGIF
N%IFII%
$%GK$IFIIF%GO%$KO$IGJK%GGI#
PQQQQQQQQQQQQQQQQQQQQQQQQQQQQ PQQQQQQQQQQQQQQQQQQQQ L
K PQQQQQQQQQQQQQQQQQQQQQQQQQIPQQQQQQQQQQQQQQQQQQQQQ
PQQQQQQQQQQQQQQQQQQQQQQQQQQ
P
RSTUVTWXYTYZ[V\X]^[VU_`aS[b]TbX]cUWcV`adTbYYXUeUS[\X]W[UR`aS[bfTbX]cVgbY]Th`TVYi jklmjlkmkn
opqrstuvqrwtrxypwz{p|}~q~qtrzp
zv
4.A.b
Packet Pg. 82
Attachment: E Tomlinson - Levine Act [Revision 1] (7305 : Additional Nurse Practitioners for Fire Department)
4.A.c
Packet Pg. 83
Attachment: A Perez Sandi - Levine Act (7305 : Additional Nurse Practitioners for Fire Department)
4.A.c
Packet Pg. 84
Attachment: A Perez Sandi - Levine Act (7305 : Additional Nurse Practitioners for Fire Department)
4.A.d
Packet Pg. 85
Attachment: A Perez Sandi - Oaks (7305 : Additional Nurse Practitioners for Fire Department) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Jing Yeo, Director, City Planning
Subject: Adoption of a Resolution Accepting and Approving Final Parcel Map No. 84800 to Subdivide a Property at 3222 23rd Street
Recommended Action
Staff recommends that the Council take following actions:
1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act (CEQA Guidelines); and
2. Adopt the attached resolution approving Final Parcel Map No. 84800 to Subdivide a Property at 3222 23rd Street.
Executive Summary
This report transmits for City Council approval a Final Parcel Map for the project located at 3222 23rd Street. The Tentative Parcel Map was approved ministerially on March 11, 2025. A timely filing of the Final Map was made to the County or City prior to the Map’s expiration date. According to Section 66452.6(d) of the Subdivision Map Act, once a timely filing is made to the County or City, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording of a map, may lawfully occur after the map’s expiration date.
PARCEL MAP ADDRESS SUBDIVIDER PARCELS
84800 3222 23rd Street Robert Katz, as Trustee 2
of The Robert A. Katz
Revocable Living Trust
4.B
Packet Pg. 86
2 of 4
The following table provides a brief summary of the project:
Zoning District Single Unit Residential (R1)
Original Parcel Area /
Dimensions
11,485 SF / 58.95’ x 194.82’
Resulting Parcel Area /
Dimensions
Parcel 1: 6,422 SF / 58.95’ x 110.55’
Parcel 2: 5,063 SF / 58.95’ x 84.27’
Existing On-Site Improvements
(Year Built)
Two detached dwelling units (1955 and 1966)
Rent Control Status Exempt, Owner Occupied
Historic Resources Inventory
Status
N/A
SMMC Chapter 9.64, Affordable
Housing Production Program
Exempt pursuant to SMMC Section
9.31.125(I)(1)
SMMC Chapter 9.65, Childcare
Linkage Program
Exempt, no addition of dwelling units
SMMC Chapter 9.66,
Transportation Impact Fee
Program
Exempt, no addition of dwelling units
SMMC Chapter 9.67, Parks &
Recreation Development Impact
Fee Program
Exempt, no addition of dwelling units
Discussion
Government Code Sections 65852.21 and 66411.7 (“SB 9/450”) requires a local agency to ministerially approve housing developments containing no more than two residential units and subdivisions of existing parcels into two new parcels for parcels zoned for single-unit residential if the proposed project meets certain requirements (e.g. location limitations, displacement protections, new parcel size minimums, 4’ side and rear setbacks, etc.). The City adopted the provisions of the Government Code into the Zoning Ordinance, as amended by Santa Monica’s 6th Cycle Housing Element Program
4.E to allow parcels 10,000 SF or greater to establish more than four units, as Santa Monica Municipal Code (SMMC) Section 9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential.
A Tentative Parcel Map application (24ENT-0235) was submitted to the City Planning Division on November 22, 2024, to create two residential parcels pursuant to SMMC
4.B
Packet Pg. 87
3 of 4
Section 9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential, within the Single-Unit Residential (R1) zoning district. Pursuant to SMMC Section
9.31.125(C), the Tentative Parcel Map was ministerially approved on March 11, 2025.
The ministerial approval was based on compliance with all applicable standards and requirements of State and local laws and regulations. The Final Map conforms to the Tentative Map.
The Final Map has been approved by the County of Los Angeles, Department of Public Works Land Development Division and certified by the City Engineer for conformance with the Tentative Map and conditions thereon, the Subdivision Map Act, and local ordinances. The City Engineer’s office indicates that there are no required off-site public improvements.
Environmental Review
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(3) of the CEQA Guidelines which exempts ministerial projects including approval of final subdivision maps.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Shira Moch, Associate Planner
Approved Forwarded to Council
4.B
Packet Pg. 88
4 of 4
Attachments:
A. Resolution
4.B
Packet Pg. 89
4 City Council Meeting: February 10, 2026 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
THE FINAL SUBDIVISION MAP FOR PARCEL NO. 84800
TO SUBDIVIDE A PROPERTY AT 3222 23rd STREET
WHEREAS, on March 11, 2025, the tentative parcel map to create two residential parcels was ministerially approved for the parcel located at 3222 23rd Street; and WHEREAS, a timely filing of a final parcel map was made to the County of Los Angeles prior to expiration of the tentative parcel map; and WHEREAS, pursuant to Section 66452.6(d) of the Government Code, if a timely filing of a final parcel map is made to the City or County, then the City may process, approve, and record a final parcel map after the expiration of the tentative parcel map; and
WHEREAS, the final parcel map conforms to the tentative parcel map; and WHEREAS, the City Council finds that the proposed subdivision is consistent with the applicable general and specific plans.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Final Map for Parcel No. 84800 in the City of Santa Monica is hereby accepted and approved.
4.B.a
Packet Pg. 90
Attachment: Resolution [Revision 2] (7490 : Adoption of a Resolution Approving Final Parcel Map for the Subdivision of 3222 23rd Street) 5 SECTION 2. The City Clerk is hereby authorized and directed to endorse upon the face of said Map this order authenticated by the Seal of the City of Santa Monica.
SECTION 3. 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.B.a
Packet Pg. 91
Attachment: Resolution [Revision 2] (7490 : Adoption of a Resolution Approving Final Parcel Map for the Subdivision of 3222 23rd Street) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.C
1 of 3
To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution Amending the 2026 Council Regular Meeting Calendar to Reschedule the March 17, 2026 Regular Meeting to March 10, 2026
Recommended Action
Staff recommends that the City Council approve the following:
1. Adopt the attached Resolution amending the established 2026 Council regular meeting calendar to reschedule the March 17, 2026 Regular Council Meeting to March 10, 2026; and
2. Adopt a finding that the resolution is not a project subject to the California Environmental Quality Act (“CEQA”).
Summary
Charter Section 611 requires the Council to hold two regular meetings per month, and that the meeting calendar shall be established by ordinance or resolution.
Discussion
Santa Monica City Charter section 611 states:
The City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.
On October 14, 2025, the City Council adopted Resolution Number 11707 (CCS), adopting the 2026 Council regular meeting calendar. The attached Resolution amends
4.C
Packet Pg. 92
2 of 3
the regular meeting calendar to reschedule the March 17, 2026 regular meeting to March 10, 2026.
The resolution also authorizes the City Clerk to cancel a regular meeting for an anticipated lack of a quorum, and that additional regular meetings may be scheduled by amendment to the resolution (which could be a simple minute resolution on the Consent Agenda).
Environmental Review
This resolution is not a “project” subject to the California Environmental Quality Act (“CEQA”). The resolution is procedural in nature and amends the established City Council’s regular meeting schedule for the 2026 calendar year. Pursuant to CEQA Section 21065, the project does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making. Therefore, the adoption of the resolution is not subject to CEQA.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of recommended action.
4.C
Packet Pg. 93
3 of 3
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Proposed Resolution
4.C
Packet Pg. 94
1 City Council Meeting February 10, 2026 Santa Monica, California RESOLUTION NUMBER ____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE 2026 COUNCIL MEETING CALENDAR
WHEREAS, pursuant to Charter section 611, the City Council establishes its regular meeting schedule for the year, and
WHEREAS, the Council now wishes to amend the 2026 meeting schedule set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Charter section 611, the City Council establishes the following revised regular meeting calendar for the year 2026:
January 13, 27
February 10, 24
March 17 10, 24
April 14, 28
May 12, 26
June 9, 23
July 14, 28
August 11, 25
September 8, 22
October 13, 27
November 10, 17
December 8, 15
SECTION 2. A scheduled regular meeting may be subject to cancellation by the City Clerk for anticipated lack of quorum, and a regular meeting may be added by Council amending this Resolution.
4.C.a
Packet Pg. 95
Attachment: Proposed Resolution [Revision 1] (7541 : Reschedule March 17, 2026 Meeting) 2 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
HEIDI VON TONGELN
Interim City Attorney
4.C.a
Packet Pg. 96
Attachment: Proposed Resolution [Revision 1] (7541 : Reschedule March 17, 2026 Meeting) 1 October 22, 2024
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
OCTOBER 22, 2024
A regular meeting of the Santa Monica City Council was called to order by Mayor Brock at 5:35 p.m., on Tuesday, October 22, 2024, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Phil Brock
Mayor Pro Tem Lana Negrete
Councilmember Gleam Davis
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (Arrived at 5:38 p.m.)
Councilmember Jesse Zwick (Arrived at 5:53 p.m.)
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m., with all members present except Councilmembers Zwick and Torosis. Mayor Pro Tem Negrete led the assemblage in the Pledge of Allegiance.
LEVINE ACT
DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
Councilmember de la Torre announced that he would be recusing himself from Item 5.E. pursuant to the Levine Act.
AGENDA
MANAGEMENT
(Councilmember Torosis
arrived at 5:38 p.m.)
At the request of staff, Item 9.A. was withdrawn from the agenda.
Motion by Councilmember Davis, seconded by Councilmember Parra to hear Special Agenda Items prior to hearing general public input. Motion was approved by voice vote with Councilmember Zwick absent.
4.D
Packet Pg. 97
Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 2 October 22, 2024
PUBLIC INPUT FOR
GENERAL PUBLIC
COMMENT:
Members of the public Ava Roker, Milly Garcia, Ashley Hernandez, Rebecca Terlizzi, Cristina Coria, Canella Welch, Jerry Rubin, Kevin McKeown, Denise Barton, Jason Mastbaum, John Berry, Eve Lopez, Wade Kelley, Harvey Eder, Johnathan Foster, Laurene von Klan and Joe commented on various local issues.
Per ADA accommodations, David Whatley spoke on items 1, 16.A. and
16.B.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
No members of the public commented on Closed Session items and Special Agenda items.
Members of the public Ken Kutcher and Denise Barton commented on Consent Calendar items.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
(Councilmember Zwick
arrived at 5:53 p.m.)
3.A. Commendation: Stephanie Inouye, Trevor Nichols & Jeff Jarow, was presented.
3.B. Commendation: Ye Olde King's Head, was presented.
3.C. Commendation: Cirque du Soleil, was presented.
3.D. City Manager Report, was presented.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:50 p.m., to consider Closed Sessions and returned at 7:44 p.m., with all members present, to report the following:
4.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Lucinda Manera v. City of Santa Monica; LASC Case No. 21STCV43159
The City Attorney advised this matter was heard with no reportable action taken.
4.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Elroy W. McCrary, Jr. v. City of Santa Monica, et al.; LASC Case No. 23SMCV03343
The City Attorney advised this matter was heard with no reportable action taken.
4.C. Conference with real estate negotiator - Gov. Code § 54956.8:
properties: 1030 Olympic Blvd and 1713 11th Street; owner of record:
BB LAND Company; City Negotiators: Heather Averick, Director of
4.D
Packet Pg. 98
Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 3 October 22, 2024
Housing and Human Services, and Natalie Verlinich, Housing Manager; owner negotiators: Diane Cabo, Broker for Seller; under negotiation:
price and terms of payment for sale or option
The City Attorney advised this matter was heard with no reportable action taken.
REPORT ON COUNCIL
TRAVEL
Mayor Brock and Councilmember de la Torre reported that they traveled to Long Beach, California for the League of Cities conference.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Pursuant to the Levine Act, Item 5.E. was removed from the Consent Calendar as Councilmember de la Torre recused from Item 5.E.
Motion by Councilmember Davis, seconded by Mayor Pro Tem Negrete, to approve the Consent Calendar except for Item 5.E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
MILLS ACT 5.A. Adoption of Resolution Nos. 11625 through 11628 (CCS) Approving Historic Property Preservation Agreements (Mills Act Contracts), was adopted.
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of categorical exemption pursuant to Section 15331 of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt the Resolution Nos. 11625 through 11628 (CCS) authorizing the City Manager to execute Historic Property Preservation Agreement (Mills Act Contract) 11635-11638 (CCS) between the City of Santa Monica and the owners of City-designated historic resources located at: 518 Adelaide Drive, 1401 Palisades Beach Road, 1132 Princeton Street, and 1138 Princeton Street.
ANTISCALANTS AND
CLEANING CHEMICALS
5.B. Award American Water Chemicals, Inc. a Purchase Order for Water Treatment Antiscalants and Cleaning Chemicals, was approved.
Recommended Action
Staff recommends that the City Council:
4.D
Packet Pg. 99
Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 4 October 22, 2024
1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the Procurement Manager to issue a purchase order with American Water Chemicals, Inc. to provide antiscalant and cleaning chemicals at the Arcadia Water Treatment Plant for the Public Works Department – Water Resources Division. The recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (b) and is for a total amount not to exceed $2,920,000 over a five-year period with future year funding contingent on Council budget approval.
ADOBE SUBSCRIPTION
LICENSES
5.C. Award Purchase Order to Allied Network Solutions, Inc. for Adobe Software Subscription Licenses, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the Procurement Manager to issue a purchase order with Allied Network Solutions, Inc. (ANS) for Adobe Software subscription licenses for the Information Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $446,895 over a three-year period (including a $58,293 contingency) with future year funding contingent on Council budget approval.
PURCHASE OF
EQUIPMENT
5.D. Award Purchase Orders for Sweeper and Electric Rear Loader, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines;
2. Authorize the Procurement Manager to issue a purchase order with Municipal Maintenance Equipment (“MME”), a California-based company, for the purchase of one Ravo Diesel R5-iSeries sweeper for the Public Works Department, Beach Maintenance Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $401,378;
3. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Center, LLC, a California-based company (“Los
4.D
Packet Pg. 100 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 5 October 22, 2024
Angeles Truck Center”), for the purchase of one battery electric (“BEV”) Rear Loader Truck for the Public Works Department, Resource Recovery and Recycling Division. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $771,767; and
4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
MINUTES 5.F. Approval of Minutes of City Council - Special Meeting - Oct 8, 2024, were approved.
MINUTES 5.G. Approval of Minutes of City Council - Regular Meeting - Oct 8, 2024, were approved.
MINUTES 5.H. Approval of Minutes of City Council - Regular Meeting - Mar 19, 2024, were approved.
GRANT FUNDS 5.I. Adoption of Resolution No. 11629 (CCS) Authorizing Receipt of State of California Proposition 47 Grant Funds and Authorization of City Manager to Execute All Necessary Associated Documents, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption) and 15303 (New Construction and Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Adopt attached Resolution No. 11629 (CCS) authorizing the City Manager to submit an application to the State of California, Board of State and Community Corrections (BSCC) in the amount of $7,926,172 for the SaMo Bridge diversion program; and authorizing the City Manager to accept the grant, execute the grant agreement, and execute other necessary documents.
3. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report. (requires 5 votes)
ADVERTISING KIOSK
PROGRAM
(Councilmember de la Torre
recused at 7:51 p.m.)
5.E. Approval of Implementation of Phase 2 of the Digital Wayfinding and Out-of-Home Advertising Kiosk Program, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15311 (Accessory Structures) of the California Environmental
4.D
Packet Pg. 101 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 6 October 22, 2024
Quality Act (CEQA) Guidelines in accordance with the
Environmental Review section of this report; and
2. Authorize deployment of Phase 2 of the digital wayfinding and outof-home advertising kiosk network.
Motion by Councilmember Torosis, seconded by Councilmember Davis, to approve the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
(Councilmember de la Torre
returned at 7:52 p.m.)
Members of the public Denise Barton, Myca Tran, and Harvey Eder commented on Item 10.A.
Member of the public Harvey Eder commented on Item 14.A.
Member of the public David Whatley commented on Item 16.A.
Members of the public David Whatley, Jason Mastbaum, Jon Katz, Targeted Parent (time donated by Ericka Lesley), Harvey Eder, Johnathan Foster, and Tricia Crane commented on Item 16.B.
Members of the public Jon Katz spoke on Item 16.C.
Members of the public Jason Mastbaum, Jon Katz, Carolyn Hooks, commented on Item 16.D.
Member of the public Carolyn Hooks commented on Item 16.E.
CONTINUED ITEMS:
COUNCIL RULES
8.A. Adoption of Resolution No. 11630 (CCS) Amending the Council Rules of Procedure Regarding Councilmember Discussion Items (16 items) (Continued from 10/08/2024), was presented.
Recommended Action
Staff recommends the City Council:
1. Adopt Resolution No. 11630 (CCS) amending the Council Rules of Procedure regarding Councilmember Discussion Items (16 items); and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
The Council had no questions or comments for staff.
4.D
Packet Pg. 102 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 7 October 22, 2024
Motion by Councilmember Davis, seconded by Councilmember Parra, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, de la Torre, Torosis, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
8.B. Request by Mayor Phil Brock, Vice-Mayor Lana Negrete, and Councilmember Oscar de la Torre that the City Council endorse Proposition 36 on the November 2024 statewide ballot. Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others they can be charged with murder if they keep doing so and someone dies. (Attachments include the full text of the ballot measure and an analysis by the Legislative Analyst’s Office-The CA Legislature’s Nonpartisan Fiscal and Policy Advisor) (Continued from 10/08/2024), was presented.
Considerable discussion ensued on topics including, but not limited to:
concerns about rising retail theft and its impact on small businesses and large retailers; whether Prop 36 would reduce crime or simply increase incarceration; potential cost implications, including billions in added state expenses and loss of funding for Prop 47 programs such as mental health, housing, and school initiatives; recent legislative actions addressing retail theft and whether Prop 36 duplicates or undermines those efforts; and equity concerns about harsher penalties disproportionately affecting marginalized communities.
Motion by Mayor Pro Tem Negrete, seconded by Mayor Brock, to approve the recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Parra, Mayor Pro Tem Negrete, Mayor Brock
NOES: Councilmembers Torosis, Davis, Zwick
ABSENT: None
Councilmember Davis explained the reason for her no vote is due to her belief that this measure will increase mass incarceration particularly of members of marginalized communities.
(Councilmember Torosis was 8.C. Request by Councilmember Davis to direct the City Attorney to
4.D
Packet Pg. 103 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 8 October 22, 2024
excused at 9:20 p.m.)
(Councilmember Torosis
returned at 9:23 p.m.)
prepare and return at the next meeting with an ordinance that would prohibit gifts to Councilmembers, using definitions of gifts and exceptions in the California Political Reform Act, and adding an exception for entry and meals when attending events in an official City capacity. (Continued from 10/08/2024), was presented.
Considerable discussion ensued on topics including, but not limited to:
whether existing state law already provides adequate safeguards; concerns about criminalizing minor items and the potential for enforcement to result in misdemeanor charges; cultural and practical challenges for council members meeting constituents over meals; questions about exceptions for conferences and nonprofit events; and whether the ordinance would duplicate state law or create unnecessary administrative burdens.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the item.
Councilmember Davis proposed a friendly amendment that the City Attorney modify the language to add a $50 threshold so gifts under that amount not be prohibited. The amendment was not considered friendly by the maker and seconder.
The main motion failed by the following vote:
AYES: Councilmembers Zwick, Davis
NOES: Councilmembers Parra, Torosis, Mayor Pro Tem Negrete ABSTAIN: Councilmember de la Torre, Mayor Brock
ABSENT: None
ACCESSORY DWELLING
UNIT (ADU) MAXIMUM
SQUARE FOOTAGE
8.D. Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law. (Continued from 10/08/2024), was presented.
Councilmember Parra proposed an amendment to the staff recommendation to add additional language to the item, reading as follows: Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law without regard to lot size specifying that only the new structure must meet all required setbacks.
Considerable discussion ensued on topics including, but not limited to whether current zoning already limits ADUs based on lot size.
Councilmember Zwick proposed another amendment to consider a program
4.D
Packet Pg. 104 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 9 October 22, 2024
to allow a second ADU if owner agreed to rent out to the unit on a 30-day basis.
Staff informed Council of an existing program under the Housing Element, and the amendment was withdrawn.
Motion by Mayor Brock, seconded by Councilmember Torosis, to approve the item, as amended. The motion was approved by unanimous voice vote with all members present.
(Councilmember de la Torre
left the dais at 9:56 p.m.)
8.E. Request by Councilmember Christine Parra and Vice Mayor Lana Negrete that the City Council consider providing additional support for the 4th Annual Westside Unity Classic Car Show presented by Pico Youth & Family Center (PYFC) that took place on the pier on September 14, 2024 by directing the City Manager to retroactively waive the City’s portion of fees for use of the pier parking lot for PYFC.
Waived City fees related to the Westside Unity Classic Car Show include the parking lot buy-out fee in an amount up to $11,880. (Continued from 10/08/2024), was presented.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Parra, to approve the item. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmember de la Torre
(Councilmember de la Torre
returned to the dais at 9:58
p.m.)
8.F. Request of Councilmembers Davis and Zwick that the City Attorney and City Manager review and analyze SB 969, which recently was signed by Governor Newsom, and with due speed take all necessary steps and draft all necessary ordinances and policies that would allow the establishment of an entertainment zone (as that term is defined in SB 969) on the Third Street Promenade in Downtown Santa Monica. (Continued from 10/08/2024), was presented.
Considerable discussion ensued on topics including, but not limited to:
whether the entertainment zone would be for special events or year-round; how it would be supervised and the cost of extra policing; existing safety concerns on The Promenade; potential benefits for revitalizing downtown and attracting visitors; concerns about impacts on retail and public safety; and the need for clear regulations and coordination with City Departments before implementation.
Motion by Mayor Pro Tem Negrete, seconded by Councilmember Davis, to approve the item. The motion was approved by unanimous voice vote with all members present.
4.D
Packet Pg. 105 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 10 October 22, 2024
LANDMARKS
COMMISSION
8.G. Annual Appointments to the following Boards and Commissions:
(Continued from 10/08/2024), was presented.
Board/Commission Number
of Appts
Term
End Date
Requirements
Landmarks
Commission 1 6/30/2028 Reside in Santa Monica and Licensed Architect On order of the Mayor, the floor was opened for nominations.
Councilmember Parra nominated Jack Hillbrand.
Councilmember Davis nominated Neal Payton.
Jack Hillbrand was appointed by the following vote:
Hillbrand: Councilmember Parra, de la Torre, Torosis,
Mayor Pro Tem Negrete, Mayor Brock
Payton: Councilmembers Zwick, Davis
Councilmembers Davis and Zwick changed their votes to Jack Hillbrand, thereby appointing Jack Hillbrand unanimously to the Landmarks Commission.
CLEAN BEACHES &
OCEAN PARCEL TAX
CITIZENS OVERSIGH
COMMITTEE
8.H. Appointment to one unscheduled vacancy on the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee for a term ending on June 30, 2025. (Continued from 10/08/2024), was presented.
Board/Commission Number
of
Appts
Term
End Date
Requirements
Clean Beaches &
Ocean Parcel Tax
Advisory Committee
1 6/30/2028 Reside in Santa Monica
On order of the Mayor, the floor was opened for nominations.
Councilmember Torosis nominated Richard Melohn.
Richard Melohn was appointed unanimously by acclamation to the Clean Beaches & Ocean Parcel Tax Advisory Committee, with all members present.
ADMINISTRATIVE
PROCEEDINGS:
LANDMARK
9.A. Appeal of Landmark Commission Decision to Designate the Compass Rose Located North of and Adjacent to Runway 3 at Santa Monica Airport as a City Landmark, was withdrawn at the request of staff.
4.D
Packet Pg. 106 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 11 October 22, 2024
DESIGNATION
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. Deny Appeal 19ENT-0353 appeal of the Landmark Commission’s decision to designate the Compass Rose located north of and adjacent to Runway 3 at Santa Monica Airport as a City Landmark; and;
3. Approve Designation Application 19ENT-0353 to designate the Compass Rose as a City Landmark based on the findings provided in this staff report; and
4. Adopt the Statement of Official Action.
ORDINANCES:
ECONOMIC RECOVERY
10.A. Introduction and First Reading of an Interim Zoning Ordinance to Promote Economic Recovery by Increasing Flexibility and Streamlined Approvals in the Downtown and Establishing a Pilot Program for Exclusively Outdoor Commercial Uses in the Office Campus District and Introduction and Adoption of an Emergency Ordinance 2793 (CCS) Amending the Sign Code to Increase Flexibility for Signage in the Bayside Conservation District and the Third Street Promenade Area, was introduced.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities, 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduction for first reading an Interim Zoning Ordinance Amending Interim Zoning Regulations Established by Interim Zoning Ordinance Number 2754 (CCS) and Amended and Extended by Interim Zoning Ordinance Number 2761 (CCS) to Promote
Economic Recovery by Increasing Flexibility in the City’s Downtown Area, Establishing a Pilot Program to Allow Exclusively Commercial Outdoor Uses in the Office Campus District, and Providing Other Minor and Clerical Amendments.
3. Introduction and Adoption of Emergency Ordinance No. 2793 (CCS) Amending Santa Monica Municipal Code Chapter 9.61: Signs to Increase Flexibility for Signage in the Bayside Conservation District and Third Street Promenade Area, and Make other Minor Changes to Promote Economic Recovery, Public Safety and Welfare.
Questions asked and answered of staff included: how is the City thinking about a broader digital signage program; is there a process in place for people to bring forward projects with digital signage; would staff be open to taking
4.D
Packet Pg. 107 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 12 October 22, 2024
direction to return with information regarding the potential for large-scale off-premises digital advertising under the 3rd Street Promenade Program; would signage extend into alleys and what would the light impact be on alleys; will staff also revise the approval process for efficiency; with proposals not needing approval by the Architectural Review Board, does staff anticipate a quicker approval process; what is the current approval process and are applicants able to view their current status online; and does the new permit system mirror that of other cities and when is the anticipated launch.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the Interim Zoning ordinance, reading by title only and waiving further reading thereof, and adopt the emergency ordinance. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
RESOLUTIONS:
ADMINISTRATIVE
INSTRUCTIONS
(Recess taken at 10:42 p.m.)
(Returned at 10:51 p.m.)
14.A. Adoption of Resolution No. 11631 (CCS) Applying to Councilmembers Laws Applicable to City Employees and Council Appointees, was presented.
Recommended Action
Staff recommends the City Council:
1. Adopt Resolution No. 11631 (CCS) Adopting Administrative Instruction Nos. III-2-3 Discrimination, Harassment, Abusive Conduct, and Retaliation Prevention Policy and Complaint Procedure; III-2-4, Violence in the Workplace; III-2-6, Code of Ethics, Council Rules, and Certain Other Laws, to be Applicable to City Councilmembers and Providing for Processes for Investigating and Resolving Alleged Violations;
2. Discussion and Consideration of Formation of an Ethics Commission; and
3. 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.
Questions asked and answered of staff included whether establishing a truly independent Ethics Commission would require Charter Reform and options for ensuring independence from Council; how behaviors like gaslighting and bullying fit within current policies; and if the City has a restorative justice approach when mediating conflicts between employees.
Considerable discussion ensued on topics including, but not limited to the
4.D
Packet Pg. 108 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 13 October 22, 2024
importance of diversity, equity, and inclusion (DEI) training and bringing forward training and education to Council; and concerns about funding for any future investigations and new bodies.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Davis, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
CONTINUE MEETING
PAST 11:00 P.M.
Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to continue past 11:00 p.m. The motion was approved by voice vote with all members present.
COUNCILMEMBER
DISCUSSION ITEMS:
COUNCIL
DISCRETIONARY FUNDS
16.A. Request by Councilmember Oscar de la Torre that the City Council consider allocating $10,000 from the Council Discretionary funds to the Association of Mexican American Educators (AMAE) in support of the Santa Monica High School student group Legado Latino.
This funding will provide scholarships and support culturally relevant programming that promotes academic excellence while honoring and celebrating the students’ vibrant cultural heritage, was presented.
Motion by Councilmember Parra to approve the recommendation but to reduce the proposed allocation of $10,000 to $5,000.
Considerable discussion ensued on topics including, but not limited to concerns about setting a precedent for funding Santa Monica High School clubs and how discretionary dollars are allocated; whether funding decisions are first-come, first-served and the need for a clearer process; if the proposed $5,000 funding was approved, would any funds remain; questions about other community events seeking support and the limits of available funding; clarification on whether the requested funds relate to previously allocated amounts for Latino graduation events or separate activities; and discussion about creating a standardized form for future discretionary funding requests.
Motion by Councilmember Parra, seconded by Mayor Brock, to approve the recommendation as amended. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: None
4.D
Packet Pg. 109 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 14 October 22, 2024
COMBATING HATE 16.B. Request by Councilmember Oscar de la Torre that the City Council, which stands united against hate, racism, religious intolerance, Islamophobia, and antisemitism, consider 1) directing the City Manager to discuss with the Superintendent of the Santa Monica-Malibu Unified School District (SMMUSD) the use of the 1991 Hate Crime letter as a tool to create awareness and educate young people on the impact of hate crimes; and 2) allocate $2,500 from Council Discretionary Funds to sponsor the '2024 Mayors Summit Against Antisemitism: Directing Change from City Hall' conference, hosted by the Combat Antisemitism Movement (CAM), a project of the Combat Antisemitism Foundation, and the U.S. Conference of Mayors. The event, chaired by Beverly Hills Mayor Lester Friedman, will take place in Beverly Hills from December 11 to 13, 2024, at the Wallis Annenberg Center for the Performing Arts and the Beverly Wilshire Hotel. The summit will unite leaders, policymakers, and advocates from across the United States and Canada in a collective effort to combat antisemitism and promote a society of tolerance and respect. Antisemitism is an urgent and growing threat that endangers not only Jewish communities but also the fundamental values of our diverse and democratic society. City mayors and city council members have a unique ability to proactively confront Jew-hatred at the local level, where it is most acutely felt. More information contact the 2024 Mayors Summit Against Antisemitism at
https://mayors.combatantisemitism.org/summit (register to attend, donations/sponsorship, schedule of events) and the US Conference of Mayors website (hosting organization) at
https://www.usmayors.org/programs/mayors-and-business-leaderscenter-for-compassionate-and-equitable-cities/combatingantisemitism/, was presented.
For the record, Mayor Brock clarified that the U.S. Conference of Mayors was not a sponsor of the '2024 Mayors Summit Against Antisemitism event.
Considerable discussion ensued on topics including, but not limited to whether to bifurcate the item into two parts—support for an anti-Semitism conference and discussion of the 1991 hate letter; concerns about allocating discretionary funds for a conference that does not require financial support; the importance of condemning anti-Semitism and exploring non-monetary ways to show support; whether the City should engage with the School District on using the 1991 hate crime letter as an educational tool; the case’s unsolved status and ideas such as offering a reward or leveraging it for awareness; suggestions to incorporate restorative and educational approaches; concerns with funding a conference hosted by the Combat Antisemitism Movement; and clarification of the Council’s prior 2021 decision regarding the 1991 hate crime letter and whether the City should engage with the School District on using the letter as an educational tool or
4.D
Packet Pg. 110 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 15 October 22, 2024
go directly to the School Board.
Motion by Councilmember Torosis, seconded by Mayor Brock, to: reaffirm the City is united against hate, racism and religious-intolerance; and give direction to the City Manager to work with DEI professionals to bring back healing and restorative options to educate the Council on antisemitism and all forms of hate, using the 2022 Statement Against Hate as a base and meet with the Superintendent of the SMMUSD to return with any options related to hate crime letter of 1991. The motion was approved by unanimous voice vote with all members present.
STREET AND
PEDESTRIAN PATHWAY
LIGHTS
16.C. Request of Mayor Brock that the City Manager return to the City Council with the resources needed, tradeoffs and budget reallocations necessary to address the City’s growing backlog of damaged street and pedestrian pathway lights. The current backlog consists of approximately 270 street and pedestrian pathway lights. The City Manager is being asked to return to the City Council as soon as possible as this is a matter of public safety, was presented.
Motion by Councilmember Torosis, seconded by Mayor Brock, to approve the item. The motion was approved by unanimous voice vote with all members present.
FENCE, WALL AND
HEDGE HEIGHTS
16.D. In response to concerns raised by residents regarding privacy and safety, request by Councilmember Parra and Mayor Brock to direct the City Manager and City Attorney to begin the process of amending the Zoning Ordinance to increase heights in the front yard setback in R2, R3, and R4 zone districts, with particular consideration for the appropriateness of 60 inches in height, with 50% transparency for walls and fences above 42 inches in height within the context of crime prevention principles; address measurements that may include retaining walls; and suspend enforcement and pending applications until the ordinance becomes effective in R2, R3, and R4 for those that would comply with that standard. Given the considerable amount of work that has been performed to date on this issue, the City Attorney and City Manager are being asked to return to City Council with a recommendation in 90 days or as soon as possible thereafter. The City Attorney and City Manager are further directed to immediately initiate community engagement on this matter to be included in the recommendation to City Council, was presented.
The City Attorney noted for the record that the previous vote was invalid because Councilmember de la Torre’s fence exceeded the 42-inch limit, creating potential economic interest. The fence is now compliant, allowing Councilmember de la Torre to participate in the vote.
4.D
Packet Pg. 111 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 16 October 22, 2024
Considerable discussion ensued on topics including but not limited to: the meaning of suspending pending applications; whether there was an effort to grandfather existing properties rather than implement city-wide policy changes; consideration of evolving social conditions and related security and privacy concerns; and potential impacts on multi-unit properties.
Motion by Councilmember de la Torre, seconded by Councilmember Parra, to approve the item. The motion was unanimously approved by voice vote with all members present.
FENCE, WALL AND
HEDGE HEIGHTS
16.E. Request by Councilmember Parra and Mayor Brock to direct the City Attorney and City Manager to return to Council at the next meeting with a resolution to adopt a policy that height regulations for fences, walls, and hedges are the lowest code enforcement priority.
Habitability and keeping people housed should be the priorities for enforcement, was presented.
Considerable discussion ensued on topics including, but not limited to:
whether the ordinance is intended to address safety standards rather than neighbor impact.
Motion by Councilmember Parra, seconded by Councilmember Torosis, to approve the item, as amended.
Councilmember de la Torre proposed an amendment directing staff to return with an amended ordinance so that the person filing a complaint must be directly affected or reside within 1,000 feet of the violation. The amendment was considered friendly by the maker and seconder.
The motion was approved by voice vote with all members present and Councilmember de la Torre abstaining.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:38 a.m. in memory of Dana Chiquette and family.
ATTEST: APPROVED:
Nikima S. Newsome Phil Brock
City Clerk Mayor
4.D
Packet Pg. 112 Minutes Acceptance: Minutes of Oct 22, 2024 5:30 PM (CONSENT CALENDAR) 1 January 13, 2026
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 13, 2026
A regular meeting of the Santa Monica City Council was called to order by Mayor Torosis at 5:33 p.m., on Tuesday, January 13, 2026, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Caroline Torosis
Mayor Pro Tem Jesse Zwick (arrived at 5:38 p.m. and left at 9:52 p.m.) Councilmember Lana Negrete (joined remotely at 10:58 p.m. & left 1:23 a.m.) Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell (left at 1:11 a.m.)
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
Assistant City Clerk Maria Dacanay-Wisner
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present except Councilmembers Negrete and Mayor Pro Tem Zwick. Councilmember Snell led the assemblage in the Pledge of Allegiance.
STATEMENT OF
ACCOUNTABILITY
(LAND
ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Hall.
LEVINE ACT
DISCLOSURE (GC 84308)
No Levine Act disclosures were made.
AGENDA
MANAGEMENT
Motion by Councilmember Snell, seconded by Councilmember Hall to hear the Mayor’s Highlight after general Public Input (item 1); 11.A.-11.B. and then 7.A. after the Consent Calendar; and then 11.C. before 10.A. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: Councilmember Negrete
PUBLIC INPUT FOR Members of the public Dayquan, Jerry Rubin, Ishmael, Gonzalo M, Alan
4.E
Packet Pg. 113 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 2 January 13, 2026
GENERAL PUBLIC
COMMENT:
Mont, Miguel B, Elaine Golden-Gealer, Andrew Hoyer, Eli Quinonez, Denise Barton, Jay Johnson, Alix Gucovsky, Giacomo Valentini, Clara Seneca, Andy Moss, Louis Watanabe, Archie Windsor Minor, Mike Feinstein, Rev. Jim Conn, Harvey Eder, Ashley Oelsen, Stephanie, Wade Kelley, Ann Bowman, Cristina Navarro, Nikki Kolhoff, Johnathan Foster, Mary Stewart, David Stewart, Teri Davis Bernstein, Mindi Shamk, Leanna Einbinder, Vanessa McCarthy, John Cyrus Smith, Dhun May, and Sean Delgaudio commented on various local issues.
Motion by Councilmember Snell, seconded by Councilmember Raskin to hear late in-person speakers for one minute. The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall,
Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: Councilmember Negrete
Members of the public Narween, Cier, Tracey Hom, Apryl B, Mike Montgomery; Steven Price and Esther Chung continued to comment on various local issues.
MAYOR’S HIGHLIGHT Proclamations for Human Trafficking Prevention Month were presented.
PUBLIC INPUT FOR
CONSENT CALENDAR
AND CLOSED SESSION
ONLY:
Members of the public Sam Shapiro-Kline commented on 4.B. and 5.J.
Member of the public Harvey Eder commented on various Consent Calendar and Closed Session items.
Member of the public Pam O’Connor commented on 4.P. and 7.A.
Members of the public Jerry Rubin, Alex Elliot, Commissioner Gordon, Brice Cooper, Eve Lopez, Andrew Gledhill and Jacob Wasserman commented on 7.A.
Member of the public Eve Lopez commented on 7.A. and 11.C.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Councilmember Raskin announced that he will recuse himself from items
4.F.-4.J. due to a conflict of interest.
Motion by Councilmember Raskin, seconded by Councilmember Snell, to approve the Consent Calendar except for items 4-F.-4.J, reading resolutions by title only and waiving further reading thereof. The motion was approved
4.E
Packet Pg. 114 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 3 January 13, 2026
(Councilmember Raskin left
the dais at 7:06 p.m.)
(Councilmember Raskin
returned to the dais at 7:07
p.m.)
by the following roll call vote:
AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: Councilmember Negrete
Motion by Councilmember Snell, seconded by Mayor Pro Tem Zwick, to approve items 4-F.-4.J, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following roll call vote:
AYES: Councilmembers Hall, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: Councilmember Negrete, Raskin
BIKE LANE
ENFORCEMENT
PROGRAM
4.A. Approval of First Modification of Contract with Hayden AI for Launch of Bike Lane Enforcement Program, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11617 (CCS) in the amount of $944,000 with Hayden AI, Inc. for bike lane enforcement services for the Department of Transportation. This will result in a new six-year amended agreement in an amount not to exceed $2,452,904, with future year funding contingent on Council budget approval.
MITIGATION FEE ACT 4.B. Development Impact Fees Report 2025, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the action below does not constitute a project subject to the California Environmental Quality Act (CEQA);
2. Review and accept the FY 2024-25 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2024-25 Child Care Linkage Fee Report per SMMC Chapter 9.65.
HAZARDOUS WASTE
SERVICES
4.C. Approval of the Fifth Modification to Agreement No. 11051 (CCS) with Clean Earth Environmental Solutions for Hazardous Waste Services, was approved.
4.E
Packet Pg. 115 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 4 January 13, 2026
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemptions pursuant to Sections 15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a fifth modification to Agreement No. 11051 (CCS) in an amount of $582,031 with Clean Earth Environmental Solutions, Inc. (formerly Stericycle Environmental Solutions), for hazardous waste services for the Public Works Department. This will result in a five-year, eight-month amended agreement with a new total amount not to exceed $2,780,031, with future year funding contingent on Council budget approval.
REAL-TIME SCHEDULE
INFORMATION &
METRICS
4.D. Approve Third Modification of Contract with Swiftly, Ltd. for Real Time Bus Arrival Predictions, was approved.
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) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a third modification to Agreement No. 11000 (CCS) in the amount of $718,751, with Swiftly Ltd., for a cloud-hosted Software as a Service (SaaS) solution for customer-focused real-time schedule information and service performance metrics for staff for the Department of Transportation. This will result in an eight-year amended Agreement with a new total amount not to exceed $2,403,205, with future year funding contingent on Council budget approval.
CANNABIS EQUITY
PROGRAM
4.E. Adoption of Resolution No. 11729 (CCS) Updating the Santa Monica Cannabis Equity Program, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines, and
2. Adopt the attached Resolution updating the Santa Monica Cannabis Equity Program.
DIGITAL DISPLAY
DISTRICT (THIRD
STREET PROMENADE &
SANTA MONICA PLACE)
4.F. Second Reading and Adoption of Ordinance No. 2839 (CCS) to Establish a Digital Display District to Permit Digital Displays to Be Approved by Development Agreement in Specified Locations Along the Third Street Promenade and Santa Monica Place, was adopted.
4.E
Packet Pg. 116 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 5 January 13, 2026
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
DIGITAL DISPLAY
DEVELOPMENT
AGREEMENT (395
SANTA MONICA PLACE)
4.G. Second Reading and Adoption of Ordinance No. 2840 (CCS) to Approve a Development Agreement for Digital Displays Located at 395 Santa Monica Place, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
DIGITAL DISPLAY
DEVELOPMENT
AGREEMENT (1310
THIRD STREET
PROMENADE)
4.H. Second Reading and Adoption of Ordinance No. 2841 (CCS) to Approve a Development Agreement for a Digital Display Located at 1310 Third Street Promenade, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
DIGITAL DISPLAY
DEVELOPMENT
AGREEMENT (1202
THIRD STREET
PROMENADE)
4.I. Second Reading and Adoption of Ordinance No. 2842 (CCS) to Approve a Development Agreement for a Digital Display Located at 1202 Third Street Promenade, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
DIGITAL DISPLAY
DEVELOPMENT
AGREEMENT (301
ARIZONA AVE/1253
THIRD STREET
PROMENADE)
4.J. Second Reading and Adoption of Ordinance No. 2843 (CCS) to Approve a Development Agreement for a Digital Display Located at 301 Arizona Avenue/1253 Third Street Promenade, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
RECYCLING ROOM
DIMENSIONS
4.K. Second Reading and Adoption of Interim Zoning Ordinance No. 2844 (CCS) Updating Applicability Thresholds and Standards for Resource and Recycling Room Dimensions Set Forth in Santa Monica Municipal Code Section 9.21.130 in Order to Further Economic Recovery Efforts by Facilitating a Self-Certification Building Permit Program, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
SELF-CERTIFICATION
PILOT PROGRAM
4.L. Second Reading and Adoption of Ordinance No. 2845 (CCS) Amending Santa Monica Municipal Code Chapter 8.108, Subpart B, to Amend the Construction and Demolition Material Recycling Compliance Process and to Transition from a Deposit-Based System to
4.E
Packet Pg. 117 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 6 January 13, 2026
a Fine-Based Enforcement Approach, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
BUS REPAIRS 4.M. Award Bid # 4506 to A and A Fleet Painting, Inc. for Bus Body and Paint Repairs, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and a finding of no possibility of significant effects pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid # 4506 to A and A Fleet Painting, Inc. for transit bus body repairs and painting services for the Department of Transportation; and
3. Authorize the City Manager to negotiate and execute Agreement No. 11795 (CCS) with A and A Fleet Painting Inc., in an amount not to exceed $3,437,363, including a 10% contingency, for a five-year period, with future year funding contingency on Council budget approval.
MINUTES 4.N. City Council - Regular and Special Meeting - Dec 16, 2025 5:30 PM, were approved.
MINUTES 4.O. City Council - Special Meeting - Jan 6, 2026 5:30 PM, were approved.
INTERIM CITY CLERK 4.P. Approval of Offer Letter for Retired Annuitant Denise Anderson-Warren for Services as Interim Director of Records and Election Services (City Clerk), was approved.
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Approve the offer letter to Denise Anderson-Warren for her services as Interim Director of Records and Election Services (“City Clerk”); and
3. Authorize the Mayor to sign the offer letter on behalf of the City.
SPECIAL MEETING:
REDEVELOPMENT
SUCCESSOR AGENCY
On order of the Mayor, the City Council meeting recessed at 7:08 p.m. and the Redevelopment Successor Agency convened to a meeting at 7:09 p.m., with Councilmember Negrete absent.
4.E
Packet Pg. 118 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 7 January 13, 2026
REPORT ON MEETING
COMPENSATION
Pursuant to State law, the Clerk announced that the members will receive no compensation for meeting as the Redevelopment Successor Agency.
STAFF
ADMINISTRATIVE
ITEMS:
TAX ALLOCATION
REFUNDING BONDS
11.A. Adoption of Resolution Authorizing Issuance of Tax Allocation Refunding Bonds, Series 2026 (refinancing of the 2006 TABs and the 2011 TABs), was presented.
Recommended Action
Staff recommends that the Successor Agency:
1. Adopt Resolution No. 49 (SA) Authorizing Issuance of Tax Allocation Refunding Bonds and approving the related documents and other actions in connection with the issuance of Tax Allocation Refunding Bonds (Attachments A, B, C, D and E).
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Questions asked and answered of staff included the expected interest rate with the new issuance and if the City could reissue new bonds and refund if interest rates decrease.
Motion by Councilmember Raskin, seconded by Councilmember Hall, to approve items 11.A. and 11.B. The motion was approved by the following vote:
AYES: Agency members Hall, Raskin, Snell, Zernitskaya, Chair Pro Tem Zwick, Chair Torosis
NOES: None
ABSENT: Agency Member Negrete
MINUTES 11.B. Approval of Minutes for Redevelopment Successor Agency Meeting, were approved with item 11.A.
Recommended Action
Staff recommends that the Redevelopment Successor Agency approve the minutes of the December 16, 2025 meeting
ADJOURNMENT On order of the Chair, the Redevelopment Successor Agency meeting was adjourned at 7:15 p.m.
STUDY SESSION:
BOARDS &
COMMISSIONS REVIEW
7.A. Boards & Commissions Comprehensive Review, was presented.
Recommended Action
Staff recommends that the City Council:
4.E
Packet Pg. 119 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 8 January 13, 2026
1. Adopt a finding that the recommended actions herein do not constitute a project subject to the California Environmental Quality Act (CEQA);
2. Hold a study session to review and provide direction on staff recommendations to restructure Boards, Commissions and Task Forces and update general policies and procedures as part of the City Clerk’s Office five-year review.
Questions asked and answered of staff included but were not limited to:
staffing costs, the recommendation to remove residency requirements, and the possibility of including a preference for residents if the residency requirement was removed for the Landmarks Commission; the Boards & Commissions Dinner costs; how the Housing Authority Board functions with the Housing Commission; why consolidation was not recommended for the Architectural Review Board (ARB), Building & Fire-Life Safety Commission and/or Planning Commission, and the Urban Forest Task Force (UFTF) and Commission on Sustainability; clarification that the Planning Commission is currently the appellate body for the ARB, and that appeals would defer to the Council should the ARB be consolidated with another body or dissolved; the recommendation to remove the three certified International Society of Arboriculture (ISA) positions on the UFTF; how consolidating the Disabilities, Housing and Human Services Commissions would strengthen the new consolidated Commission’s expertise and lived experience instead of diluting it; and how the City Clerk’s Office plans to measure that the recommendations result in better outcomes, clearer recommendations to Council, and reduced administrative strain.
Council requested: Boards & Commissions Dinner costs and recognition event options; consolidation and efficiency options for the ARB; review of the Landmarks Commission’s work, such as the Mills Act and Structures of Merit, and efficiency options; a review of the Airport Commission’s composition; centralized system of measuring performance for boards & commissions through the City Clerk’s Office, such as efficiencies and positive impacts on policy; youth representation options; and that subject matter expertise and lived experience remain a part of the composition of boards and commissions.
Comments ensued on topics included but were not limited to: options for the Housing and Human Services Department’s Commissions such as keeping the Disabilities, Housing and Human Services Commissions separate and encouraging joint meetings, consolidating the three bodies and establishing a Housing or Disabilities Subcommittee, or only consolidating the Housing and Human Services Commissions and keeping the Disabilities Commission separate; pros and cons of consolidating some bodies, such as continuing to work in silos and maintain overlapping functions, and aligning with the Department’s structure for clearer workplans and stronger staff support;
4.E
Packet Pg. 120 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 9 January 13, 2026
keeping the residency requirements for the Landmarks Commission, or maintaining a preference to appoint local experts if the requirement is removed; to include “or go to school in Santa Monica” to the revised Composition of the Public Safety Reform Oversight Commission (PSROC) regarding the youth positions, and discussing proposed changes with the Police Officers Association (POA); removing term limits for the Metropolitan Water District and Los Angeles County Vector Control District Boards; reconsidering the ineligibility of Council’s relatives to serve on boards and commissions; reviewing the composition of the Airport Commission; a desire to supplement Information Items of Annual Reports & Workplans by scheduling brief presentations at intersperse Council meetings or establishing a more effective feedback loop between Council and boards and commissions; a desire for increased Library Board participation; a desire for more joint boards and commissions meetings or cross-commission collaboration; a desire for youth representation, either as a stand-alone Commission or consider seats where appropriate; a desire to prioritize lived experiences in recruitment and appointments; the importance of periodic reviews and opportunities to reverse decisions should they not achieve anticipated outcomes; and concerns over valuing members, offering valuable experiences and strengthening participation from members and community members.
Motion by Councilmember Hall, seconded by Mayor Torosis to: move forward with the recommendations in the staff report except for consolidating the Disabilities Commission with the newly consolidated Housing & Human Services Commission, and removing the residency requirements for the Landmarks Commission; and remove Section 2.G.
Term Limits for Regional Advisory Boards from Resolution 11510 (CCS).
Direction was also given to meet and confer with the POA regarding the proposal for the PSROC. Additionally, members of the current Housing and Human Services Commissions must re-apply to the new consolidated Commission and priority will not be given to former members.
Substitute motion by Councilmember Raskin, seconded by Councilmember Snell to: move forward with the recommendations in the staff report except for consolidating the Disabilities Commission with the newly consolidated Housing & Human Services Commission, and removing the residency requirements for the Landmarks Commission; and remove Sections 1.G (ineligibility of close family relatives of Council) and 2.G. Term Limits for Regional Advisory Boards from Resolution 11510 (CCS). Direction was also given to meet and confer with the POA regarding the proposal for the PSROC. Additionally, members of the current Housing and Human Services Commissions must re-apply to the new consolidated Commission but priority will not be given to former members. The substitute motion was approved by the following roll call vote:
4.E
Packet Pg. 121 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 10 January 13, 2026
AYES: Councilmembers Raskin, Snell, Zernitskaya,
Mayor Pro Tem Zwick
NOES: Councilmember Hall, Mayor Torosis
ABSENT: Councilmember Negrete
CITY MANAGER
REPORT
The City Manager Report was presented.
CLOSED SESSIONS Mayor Pro Tem Zwick announced that he will recuse himself from items 5.H – 5.J. and Councilmember Snell will recuse himself from item 5.J. due to conflict of interests.
On order of the Mayor, the City Council recessed at 8:24 p.m., to consider Closed Sessions and returned at 10:50 p.m., with Councilmember Negrete and Mayor Pro Tem Zwick absent, to report the following:
5.A. 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.;
4.E
Packet Pg. 122 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 11 January 13, 2026
LASC # 25
The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City v. ICSOP, et al.; OCSC # 30-2022-01261243 The City Attorney advised this matter was heard with no reportable action taken.
5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City of Santa Monica, et al. v. Waymo LLC et al., LASC # 25SMCV06581
The City Attorney advised this matter was heard with no reportable action taken.
5.D. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Santa Monica EV Holdings, LLC et al. v. City, LASC # 25SMCV06681
The City Attorney advised this matter was heard with no reportable action taken.
5.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Waymo LLC v. City, LASC # 25SMCV06541
The City Attorney advised this matter was heard with no reportable action taken.
5.F. Conference with real estate negotiator - Gov. Code § 54956.8; property: 930 Pacific Coast Highway, 1200 Pacific Coast Highway, 2400 Ocean Front Walk, and 2600 Ocean Front Walk, Santa Monica, California; City negotiators: Jennifer Taylor, Economic Development Manager; owner of record: City of Santa Monica; persons to be negotiated with: Richard Chacker, President for Chaos Enterprises, Inc. dba Perry’s Café and Rentals at the Beach; under negotiation: price and terms of lease
The City Attorney advised this matter was heard with no reportable action taken.
5.G. Conference with real estate negotiator - Gov. Code § 54956.8; property: 2640 Main Street, Santa Monica, California; City negotiators:
Jennifer Taylor, Economic Development Manager; owner of record:
4.E
Packet Pg. 123 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 12 January 13, 2026
(Councilmember Zwick left
the meeting at 9:52 p.m.)
(Councilmember Snell
returned to the dais at 10:19
p.m.)
City of Santa Monica; persons to be negotiated with: Bruce Phillips, Chief Executive Officer for Ocean Park Restaurant Corporation; under negotiation: price and terms of payment
The City Attorney advised this matter was heard with no reportable action taken.
5.H. Conference with real estate negotiator - Gov. Code § 54956.8; property: 419 and 1616 Ocean Avenue, Santa Monica, California; City negotiators: Oliver Chi, City Manager; owner of record: Community Corporation of Santa Monica; persons to be negotiated with: Tara Barauskas, Executive Director, Community Corporation of Santa Monica; under negotiation: price and terms of payment
The City Attorney advised this matter was heard, with Mayor Pro Tem Zwick absent. No reportable action was taken but Council waived privilege to disclose information and Mayor Torosis read a statement on behalf of the Council.
5.I. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Stanford Neighbors Against City Overreach v. City, LASC # 25STCP04108
The City Attorney advised this matter was heard, with Mayor Pro Tem Zwick absent, and no reportable action was taken.
5.J. Conference with legal counsel - significant exposure to litigation - Government Code § 54956.9(d)(2) – 1 case
The City Attorney advised this matter was heard with, Mayor Pro Tem Zwick and Councilmember Snell absent, and no reportable action was taken.
5.K. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Courtney Bruesehoff v. City; LASC # 23TRCV03691 [report out only]
The City Attorney advised this matter was heard at the June 24, 2025 Council meeting and Council unanimously approved a $5,999,999 settlement with all members present.
5.L. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Narine Sulahian Keshishianv. City; LASC # 24SMCV02912 [report out only]
The City Attorney advised this matter was heard at the December 16, 2025 Council meeting and Council approved a $475K settlement, with all
4.E
Packet Pg. 124 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 13 January 13, 2026
members present and Councilmember Negrete voting no.
REPORT ON COUNCIL
TRAVEL (AB 1234)
No travel reports were made.
AGENDA
MANAGEMENT
(Councilmember Negrete
joined the meeting remotely
at 10:58 p.m.)
Motion by Councilmember Hall, seconded by Councilmember Raskin to hear the public comment on item 11.C and 16.A first, and hear comments on
10.A. with the item when Councilmember Snell will be recusing himself from the item. The motion was approved by the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Denise Barton, Andrew Hoyer, Brian O’Neill, Ashley Oelsen, Stephanie, Alan Mont, Christina Parra, Nikki Kolhoff, John Cyrus Smith, Heather Thomasom, Alex Ward, Chris Kanjo, Mitch Dorf, Jennifer Polhemus, Ivana, Harlow Sharp II, Jeff Blodgett, Loren Bloch, Ping Ho, Eli Gill, Michael Drandell, Paula Mazur, Richard Milanese, John Reynolds, Joseph Cohen May, Brad Ewing, Eve Lopez and Jacob Wasserman commented on 11.C.
STAFF
ADMINISTRATIVE
ITEMS (CONTINUED):
CONSIDERATION OF
PRIOR HOUSINGPRODUCTION RELATED
VOTES
11.C. Consideration of Certain Prior Housing-Production Related Votes and Repeal of Interim Zoning Regulations Related to Projects Utilizing State Law for Small Lot Subdivisions and Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential, was presented.
Recommended Actions
Staff recommends that the City Council:
1. Adopt findings of exemption under the California Environmental Qualiy Act as outlined in Environmental Review, below;
2. Adopt Resolution No. 11733 (CCS) Directing the Planning Commission to Initiate the Process of Amending the Zoning Ordinance Related to Projects Utilizing State Law for Small Lot Subdivisions Under 10 Units and Projects Consisting of Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential;
3. Approve Proposed Regulatory Updates to High-Rise Building Definitions and Single Stairway Multi-Family Building Provisions;
4. Ratify Adoption of the 2025 California Building Standards Code and Resolution making Findings of Climatic, Geological and
Topographical Conditions, and
5. Repeal Emergency Interim Zoning Ordinance (IZO) Number 2821 (CCS), Permitting the Establishment of Accessory Dwelling Units (ADUs) as Part of Projects Utilizing Senate Bill (SB) 1123 on Vacant Parcels Zoned for Single-Unit Residential, Ensuring Project
4.E
Packet Pg. 125 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 14 January 13, 2026
Feasibility of SB 1123 Projects by Providing for Certain Relaxed Development Standards, and Expanding the Establishment of ADUs to All Projects Utilizing Government Code Sections 65852.28, and 66499.41 Which Includes Parcels Within Multiple-Unit Zoning District as Permitted Pursuant to SB 684.
Questions asked and answered of staff included but was not limited to:
clarification that initial guidance was received from the previous City Attorney and that staff then sought guidance from outside counsel; whether it is necessary to include Senate Bill (SB) 9/450 and SB 1123 the City’s code and if having it in the code and State law later changing would cause issues; if the Resolution of Intent (ROI) includes rolling back the expansive version of SB 9 pending the Planning Commission’s recommendations; and if there are any SB 1123 projects that have been approved and comply with State standards.
Considerable discussion ensued on topics including, but not limited to:
concerns about hearing and voting on recommendations together vs. voting on the recommendations separately; and pros and cons of abiding by State law vs. exceeding it; refraining from establishing new development standards that would add additional height or density beyond what is allowable by State law; a desire for ordinances addressing other standards for small subdivision to require appropriate contribution to the City’s Affordable Housing Production Program (AHPP); the Planning Commission’s discussions on SB1123 and clarification on the direction Council can provide without limiting the Commission’s recommendations; clarification that the single-stairway rule is not an amendment to the Building Code but an alternative method requiring extensive vetting from Building Officials and the Fire Department; studying the potential for expanded zoning standards to allow more family housing; a desire to see policies that deliver affordability alongside density; and clarification between affordable housing and deed-restricted affordable housing.
Motion by Councilmember Negrete to: repeal SB 1123 (Emergency IZO); re-ratify the Building Code; not to adopt the ROI and direct staff not to bring forward recommendations beyond State law; and not move forward with administrative procedure allowing single stairways above State law. The motion died for lack of a second.
Motion by Mayor Torosis, seconded by Councilmember Snell to: repeal the IZO; not move forward with SB 1123 and implement State law as written; approve the proposed updates to high-rise buildings definitions and single stairways; and adopt the ROI, not going beyond State law, and require an appropriate contribution to the AHPP.
Motion to amend by Councilmember Raskin to add: as part of the ROI, staff
4.E
Packet Pg. 126 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 15 January 13, 2026
direction to explore opportunities for amending local subdivision standards so that if there are small lot subdivisions created pursuant to State law, that they can be done without creating Homeowners Associations or other common interest developments. The amendment was friendly to the maker and seconder.
Second motion to amend by Councilmember Zernitskaya to add: as part of the ROI, direction to the Planning Commission to return with options:
allowing for larger family-sized homes and equitable home ownership opportunities, and thresholds for AHPP exemption. The amendment was friendly to the maker but not the seconder.
Substitute motion by Councilmember Hall, seconded by Zernitskaya to:
adopt the staff recommendation; provide direction to allow the Planning Commission to explore standards which may exceed State law to facilitate more bedrooms, on-site parking; and a point where participation in AHPP is financially viable. In addition, encourage applicants who want to use such standards to bring designs and renderings showing the difference on what expanded standards may accomplish. The substitute motion failed by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Hall
NOES: Councilmembers Raskin, Negrete, Mayor Torosis
ABSENT: Mayor Pro Tem Zwick
Councilmember Raskin stated that his “no” vote was due to the lack of direction on affordability requirements.
New substitute motion by Councilmember Hall to: adopt the staff recommendation with direction to the Community Development Department and Planning Commission to provide recommendations on trade-offs, including staying within State law, and what increased development standards mean to produce greater family housing, more affordable housing or increased participation in affordable housing trust fund contributions.
Motion to amend by Councilmember Zernitskaya to include more equitable home ownership opportunities. The amendment was friendly to the maker and substitute motion was seconded by Councilmember Zernitskaya. The substitute motion passed by the following roll call vote:
AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya
NOES: Councilmember Negrete, Mayor Torosis
ABSENT: Mayor Pro Tem Zwick
AGENDA
MANAGEMENT
Motion by Councilmember Zernitskaya, seconded by Mayor Torosis to hear the public comment on item 10.A. before hearing and discussing items 16.A.
4.E
Packet Pg. 127 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 16 January 13, 2026
(Councilmember Snell left the
dais at 12:55 a.m.)
and 10.A. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Raskin, Hall, Negrete, Mayor Torosis
NOES: None
ABSENT: Councilmember Snell, Mayor Pro Tem Zwick
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS (CONTINUED):
Members of the public John Cyrus Smith, Denise Barton, Joseph Cohen May and Dave Rand commented on 10.A.
COUNCILMEMBER
DISCUSSION ITEMS:
VOTING AND
ALTERNATE
DELEGATES
(Councilmember Snell
returned to the dais at 1:04
a.m.)
16.A. Appointments of City Council Voting and Alternate Delegates to Regional Governmental and Membership Organizations, was presented.
Recommended Action
Staff recommends the City Council appoint Councilmembers to serve as the City Council’s voting and alternate delegates to the five regional governmental and membership organizations:
1. Westside Cities Council of Governments (WSCCOG): One (1) Voting Delegate and one (1) Alternate Delegate to the WSCCOG Governing Board to participate in regular meetings (2nd Thursday of every even numbered months from Noon to 1:15pm)
2. Independent Cities Association (ICA): One (1) Voting Delegate and one (1) Alternate Delegate to participate in monthly meetings and plan to attend Winter (February 20-22, 2026 in Santa Barbara) and Summer (July 9-12, 2026 in Indian Wells) Seminars.
3. League of California Cities (CalCities): One (1) Voting Delegate and one (1) Alternate Delegate to attend the 2026 CalCities Annual Conference (September 23-25, 2026 in Anaheim).
4. Los Angeles County Division of CalCities: One (1) representative to attend Los Angeles County Division monthly meetings (1st Thursday of each month from 6pm to 8pm).
5. Southern California Association of Governments (SCAG): One (1) Voting Delegate and one (1) Alternate Delegate to attend the SCAG General Assembly (May 7-8, 2026 in Indian Wells).
Motion by Mayor Torosis, seconded by Councilmember Snell, to nominate Councilmember Hall as Delegate and Councilmember Raskin as Alternate to the WSCCOG. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
Motion by Councilmember Negrete, seconded by Councilmember Hall, to
4.E
Packet Pg. 128 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 17 January 13, 2026
nominate Councilmember Negrete as Delegate and Councilmember Snell as Alternate to the ICA. The motion was approved by the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
Motion by Councilmember Hall, seconded by Councilmember Snell, to nominate Mayor Torosis as Delegate and Mayor Pro Tem Zwick as Alternate to CalCities, with the condition to re-agendized this item to nominate Councilmember Negrete should Mayor Pro Tem Zwick be unavailable. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
Motion by Councilmember Hall, seconded by Councilmember Negrete, to nominate Councilmember Zernitskaya to the LA County Division of CalCities. The motion was approved by the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
Motion by Mayor Torosis, seconded by Councilmember Raskin, to nominate Councilmember Raskin as Delegate and Councilmember Hall as Alternate to the SCAG. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
ORDINANCES:
OFF-SITE AFFORDABLE
HOUSING PILOT
PROGRAM
(Councilmember Snell left the
meeting at 1:11 a.m.)
10.A. Introduction of an Ordinance to Extend the Off-Site Affordable Housing Pilot Program, Allowing Additional Applicants of Qualified Market Rate Multi-family Residential Projects to Satisfy the City’s Affordable Housing Requirements through Alternative Options, was presented.
Recommended Action
Staff recommends that the City Council:
4.E
Packet Pg. 129 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 18 January 13, 2026
(Councilmember Negrete left
the meeting at 1:23 a.m.)
1. Adopt a finding that the actions below have been previously analyzed in the certified 6th Cycle Housing Element Environmental Impact Report and are statutorily exempt from the California Environmental Quality Act pursuant to Section 21080.085(a) of the California Public Resources Code;
2. Introduce for first reading an ordinance to add Section 9.64.065 to the Santa Monica Municipal Code to establish the Off-site Affordable Housing Pilot Program for 1000 units and add Section 9.64.075 to the Santa Monica Municipal Code to extend and expand the Off-site Affordable Housing Pilot Program.
Questions asked and answered of staff included clarification on the definition of uncontaminated property.
Comments ensued on topics including the need for more affordable housing and desire to see the outcome of the pilot.
Motion by Councilmember Hall, seconded by Councilmember Zernitskaya, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following roll call vote:
AYES: Councilmembers Hall, Raskin, Zernitskaya,
Mayor Torosis
NOES: Councilmember Negrete
ABSENT: Councilmember Snell, Mayor Pro Tem Zwick
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:27 a.m. in memory of Keith Porter Jr. and Renee Nicole Good.
ATTEST: APPROVED:
Maria Dacanay-Wisner Caroline Torosis
Assistant City Clerk Mayor
4.E
Packet Pg. 130 Minutes Acceptance: Minutes of Jan 13, 2026 5:30 PM (CONSENT CALENDAR) 1 January 27, 2026
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 27, 2026
A regular meeting of the Santa Monica City Council was called to order by Mayor Torosis at 5:35 p.m., on Tuesday, January 27, 2026, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Caroline Torosis
Mayor Pro Tem Jesse Zwick (arrived at 5:42 p.m.
Councilmember Lana Negrete
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
Assistant City Clerk Maria Dacanay-Wisner
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m. to hear the 5:30 p.m. regular meeting and the 5:35 p.m. concurrently, with Mayor Pro Tem Zwick absent. Councilmember Snell led the assemblage in the Pledge of Allegiance.
STATEMENT OF
ACCOUNTABILITY
(LAND
ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Zernitskaya.
LEVINE ACT
DISCLOSURE (GC 84308)
No Councilmember made Levine Act disclosures.
AGENDA
MANAGEMENT
Motion by Mayor Torosis, seconded by Councilmember Hall to: approve staff’s request to pull items 4.C. and 11.B.; hear comments on item 16.I. (ONESAMO People’s Academy) along with item 1 (General Public Input); present the Mayor’s Highlight after item 1; combine the City Manager’s Report with item 16.I and hear both items after item 2 (Special Agenda Items); hear item 12.A. after the Consent Calendar and give priority to hear students speaking on items 11.C. and 11.D. upon arrival. The motion passed with the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete,
4.F
Packet Pg. 131 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 2 January 27, 2026
(Councilmember Zwick
arrived at 5:42 p.m.)
Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
Motion by Councilmember Negrete, seconded by Councilmember Zernitskaya to recess from Closed Session at 8:30 p.m. and continue with Closed Session after the public session. The motion passed with the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
PUBLIC INPUT FOR
GENERAL PUBLIC
COMMENT AND
SPECIAL AGENDA
ITEMS:
Members of the public Brigit, Matthew, Verena, Jerry Rubin, Laurence Cohen, Johnathan Foster, Auston Stamm, Hajar, Goli Golnaz, Denise Barton, Mike Montgomery, Steven Price and Mica Jordan commented on various local issues.
Members of the public Robbie Jones commented on the Special Agenda item.
Students Lanikai Parker, David Johnson, Neve Garcia-Langley, Andrew Lau, Sahana Lindsey, and Judisma Siddhi commented on items 11.C. and
11.D.
MAYOR’S HIGHLIGHT The Mayor’s Highlight was presented.
PROCLAMATIONS/
COMMENDATIONS/
SPECIAL AGENDA
ITEMS
2.A. Proclamation: Black History Month, was presented.
CITY MANAGER
REPORT
The City Manager Report was presented with item 16.I.
ONESAMO PEOPLE’S
ACADEMY
16.I. A request of Councilmember Negrete that the City Council Consider Directing the City Manager to Agendize the ONESAMO People’s Academy and provide an update on the timeline and launch of the program, was presented with the City Manager’s Report.
PUBLIC INPUT FOR
CONSENT CALENDAR
AND CLOSED SESSION
ONLY:
Members of the public Jacob Wasserman commented on 4.G.
Members of the public Tom Casparian commented on 5.A. to 5.C. under the special meeting.
4.F
Packet Pg. 132 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 3 January 27, 2026
Members of the public Cindy Pfeiffer and Jim Harris commented on 5.H.
Members of the public Denise Barton commented on various Closed Session items.
CONSENT CALENDAR:
(Councilmember Raskin left
the dais at 7:08 p.m.)
(Councilmember Raskin
returned, and Mayor Pro Tem
Zwick and Councilmember
Snell left the dais at 7:09
p.m.)
(Mayor Pro Tem Zwick and
Councilmember Snell
returned at 7:10 p.m.)
All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Due to conflicts of interest: Councilmember Raskin will recuse himself from item 4.G.; and Mayor Pro Tem Zwick and Councilmember Snell will recuse themselves from 4.H.
Motion by Councilmember Snell, seconded by Raskin, to approve the Consent Calendar except for Item 4.G. and 4.H., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
Motion by Councilmember Snell, seconded by Mayor Torosis, to approve item 4.G., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Negrete, Hall, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: Councilmember Raskin
Motion by Mayor Torosis, seconded by Councilmember Raskin, to approve
4.H., reading resolutions by title only and waiving further reading thereof.
The motion was approved by the following vote:
AYES: Councilmembers Zernitskaya, Raskin, Hall, Negrete, Mayor Torosis
NOES: None
ABSENT: Councilmember Snell, Mayor Pro Tem Zwick
FY 2024-25 ANNUAL
WATER, WASTEWATER,
AND NON-POTABLE
WATER MAIN
REPLACEMENT
PROJECT
4.A. Award Bid SP2666-CT and the Construction Contract to Big Ben Inc., and RFP SP2666-CM and the Construction Management Agreement to Z&K Consultants, Inc., for the FY2024-25 Annual Water, Wastewater, and Non-Potable Water Main Replacement Project, was approved.
4.F
Packet Pg. 133 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 4 January 27, 2026
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Sections 15301, 15302, 15303, and 15304, and a finding of Statutory Exemption pursuant to Section 21080.21 of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid #SP2666-CT to Big Ben Inc. to provide construction services for the FY 2024/25 Annual Water, Wastewater, and NonPotable Water Main Replacement Project for the Public Works Department;
3. Authorize the City Manager to negotiate and execute Contract No. 11798 (CCS) with Big Ben Inc. in an amount not to exceed $18,729,326 (including a 15% contingency);
4. Award RFP #SP2666-CM to Z&K Consultants, Inc. for construction management services for the FY 2024/25 Annual Water, Wastewater, and Non-Potable Water Main Replacement Project and the FY 2025/26 Annual Paving Project for the Public Works Department; and
5. Authorize the City Manager to negotiate and execute Agreement No. 11799 (CCS) with Z&K Consultants, Inc., in an amount not to exceed $1,500,000 over a three-year period with future funding contingent on Council budget approval.
6. Authorize budget amendments as outlined in the Financial Impacts and Budget Actions section of this report (requires 5 votes).
ASSISTANCE TO
FIREFIGHTERS GRANT
4.B. Acceptance of FY2024 Assistance to Firefighters Grant Award, was accepted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Authorize the City Manager to accept a grant awarded to the City in the amount of $119,056.36 from the Department of Homeland Security, Federal Emergency Management Agency, for the FY 2024 Assistance to Firefighters Grant in the Fire Department, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications; and
4. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
REAL TIME BUS
ARRIVAL PREDICTIONS
4.C. Approval of Third Modification of Contract with Swiftly, Ltd. for Real Time Bus Arrival Predictions, was pulled at the request of staff.
4.F
Packet Pg. 134 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 5 January 27, 2026
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) of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a third modification to agreement #11000 in the amount of $718,751, with Swiftly Ltd., for a cloud-hosted Software as a Service (SaaS) solution for customer-focused real-time schedule information and service performance metrics for staff for the Department of Transportation.
This will result in an eight-year amended agreement with a new total amount not to exceed $2,403,205, with future year funding contingent on Council budget approval.
HOMELESS OUTREACH
EFFORTS
4.D. Approval of First Modification of Agreement No. 11424 (CCS) with The Salvation Army for Homeless Outreach Efforts, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3)(Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11424 (CCS) in the amount of $433,365 with The Salvation Army to provide homeless outreach efforts, including supporting the City’s 311 Outreach effort and assisting the City’s Homeless Liaison Program for the Police Department. This will result in a 3-year amended agreement with a new total amount not to exceed $879,615, and with future year funding contingent on Council budget approval.
GEOTECHNICAL
ENGINEERING
SERVICES
4.E. Approval of First Modification to Agreement with Cotton, Shires & Associates for Geotechnical Engineering Services, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of signification effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a first modification to Agreement No. 11275 (CCS) in the amount of $180,000 with Cotton, Shires and Associates, Inc. for geotechnical engineering services for the Community Development Department.
This will result in a five-year amended agreement with a new total amount not to exceed $405,000, with future year funding contingent on Council budget approval.
4.F
Packet Pg. 135 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 6 January 27, 2026
TOBACCO GRANT
PROGRAM
4.F. Adoption of Resolution No. 11730 (CCS) Authorizing Acceptance of a Grant from the California Department of Justice for the Tobacco Grant Program, was adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the Tobacco Grant Program is categorically exempt pursuant to Section 15321 (Class 21, Enforcement Actions) of the California Environmental Quality Act (CEQA) Guidelines;
2. Adopt attached Resolution No. 11730 (CCS) authorizing the acceptance of a grant awarded in the amount of $138,138 from the California Department of Justice Tobacco Grant Program for the Tobacco Enforcement program at the Police Department, and to accept all grant renewals;
3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and
4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).
FY 2026-2028 SHORT
RANGE TRANSIT PLAN
4.G. Receive and File Short Range Transit Plan and Adoption of Resolution No. 11731 (CCS) Authorizing the City Manager to File the FY 2026–2028 Short Range Transit Plan with Los Angeles County Metropolitan Transportation Authority (Metro) and Execute Related Grant Agreements, was filed and adopted.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines
2. Authorize the City Manager to file the Fiscal Year (FY) 2026-2028 Short Range Transportation Plan (SRTP) with the Los Angeles County Metropolitan Transportation Authority (Metro);
3. Adopt attached Resolution No. 11731 (CCS) authorizing the City Manager to: (a) apply for and execute grant agreements and execute related certifications and assurances with the Federal Transit Administration (FTA), Metro, and other Federal, State, Regional or Local agencies; and (b) enter into agreements for transportation funds for the pass-through of funds and agreements for planning, programming, and implementing transportation services and capital projects during FY2025-26 through FY2027-28.
OFF-SITE AFFORDABLE
HOUSING PILOT
PROGRAM
4.H. Second Reading and Adoption of Ordinance No. 2846 (CCS) to Add Section 9.64.065 to the Santa Monica Municipal Code to Establish the Off-Site Affordable Housing Pilot Program for 1000 Units and Add Section 9.64.075 to the Santa Monica Municipal Code to Extend and
4.F
Packet Pg. 136 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 7 January 27, 2026
Expand the Off-Site Affordable Housing Pilot Program, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
PUBLIC HEARINGS:
“YIELD RIGHT-OFWAY” SIGNAGE
12.A. Public Hearing and Adoption of Resolution No. 11734 (CCS) Approving and Adopting “Yield Right-of-Way” Signage on Big Blue Bus Buses Pursuant to Assembly Bill 1904, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt a Resolution No. 11734 (CCS) approving and adopting the “Yield Right-of-Way” signage on Big Blue Bus buses
Questions asked and answered of staff included how soon the decals will be installed. Council commented on the low cost of the recommendation and the safer experience for City buses.
Member of the public Jacob Wasserman spoke to the recommended action and the public hearing was closed.
Motion by Councilmember Raskin, seconded by Councilmember Negrete to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
CLOSED SESSIONS Due to conflicts of interest: Councilmember Zernitskaya announced that she will recuse herself from item 5.C. of the regular meeting; Councilmember Hall will recuse himself from 5.I. and 5.J.; and Mayor Pro Tem Zwick will recuse himself from 5.C., 5.D. and 5.G. of the regular meeting.
On order of the Mayor, the City Council recessed at 7:22 p.m., to consider Closed Sessions and returned at 8:30 p.m., with all members present, to report the following:
5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): - 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
4.F
Packet Pg. 137 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 8 January 27, 2026
JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v. Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v. City, et al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v.
City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v. City, et al.; LASC # 24STCV15580; John Doe 48 v. City, et al.; LASC # 24STCV15420; John Doe 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v. City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v. Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v. City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158
The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City v. ICSOP, et al.; OCSC # 30-2022-01261243 The City Attorney advised this matter was heard with no reportable action taken.
5.E. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Edgar Espinoza v. City, et al.; LASC # 24SMCV00473 The City Attorney advised this matter was heard with no reportable action taken.
4.F
Packet Pg. 138 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 9 January 27, 2026
5.F. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Anthony J. Stone v. City, et al.; LASC # 25SMCV00044 The City Attorney advised this matter was not heard.
5.G. 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
The City Attorney advised this matter was not heard.
5.H. Conference with real estate negotiator - Gov. Code § 54956.8; property: 256 Santa Monica Pier, Santa Monica, California; City negotiator: Oliver Chi, City Manager; owner of record: City of Santa Monica; persons to be negotiated with: Sean Ahaus, California Roadhouse, Inc., a California corporation d.b.a. California Roadhouse; under negotiation: price and terms of payment for lease The City Attorney advised this matter was heard with no reportable action taken.
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 Wylder; persons to be negotiated with: Dennis Wylder; under negotiation: price and terms of payment of lease
4.F
Packet Pg. 139 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 10 January 27, 2026
The City Attorney advised this matter was not heard.
5.J. 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
The City Attorney advised this matter was not heard.
REPORT ON COUNCIL
TRAVEL (AB 1234)
No Councilmembers reported on travel.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Cindy Pfeiffer, Jim Harris, Louis Watanabe, Cathie Gentile, Ishmael K, Daquan Moller, Ely Quinonez, Patti Walker, Matthew Hom, Christina Santiago, Roberto Mazariegos, Liliana Hernandez, Bridie Roberts, Miguel M, Denny Zane, Dora Hernandez, Don Camacho, Peter Trinh, Fred Deni, Jim Christel, Jackie Romero, Sean Ahaus, and Patricia Ibanez commented on 10.A.
Members of the public Gleam Davis, Laurie Lieberman, Alicia Mignano (representing the Santa Monica-Malibu Unified School District Board), and Gerardo Cruz commented on 11.A.
Members of the public Ellie Kay, Cody Kay, Andrew Hoyer, Jerry Rubin, Dianne Woelke, Steven Johnson (representing the Recreation & Parks Commission), Gloria Shen, Ashley Oelsen (representing the Commission on Sustainability), Mike Feinstein, Benjamin Kay, Brian Sweeney, Grady Hall, John Cyrus Smith, Jackie Romero, and Hanna Leshner commented on 11.C. and 11.D.
Member of the public Daniel Campbell commented on 11.D.
Members of the public Denise Barton, Angela Scott, Cheryce Cryer, and Ailsa Ortiz commented on 11.E.
Member of the public Gleam Davis commented on 16.C.
Members of the public Connor Webb and Jacob Wasserman commented on
16.E.
Member of the public John Cyrus Smith commented on 16.F.
Members of the public Mike Feinstein, John Cyrus Smith, and Peter Trinh, commented on 16.H.
4.F
Packet Pg. 140 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 11 January 27, 2026
ORDINANCES:
RIGHT TO RECALL
10.A. Introduction 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, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for First Reading the proposed Ordinance amending 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.
Questions asked and answered of staff included but was not limited to: a list of Pier businesses and the number of employees that would be affected; how similar positions are determined for recall and retention; the ordinance’s impacts on the City’s efforts to be business-friendly; if the ordinance would apply to retail carts; the Subcommittee’s recommendation setting the threshold to two hours/week for recall and the definition of full-time employees; the definition of “substantiated cause”, including how it would be documented; if the proposed ordinance is standard with other jurisdictions for government-owned property and applies to new businesses replacing existing businesses or when new businesses change control of existing ones; the recommendation to set the threshold to five workers, and how many businesses would be affected if the threshold for hotels on City-owned property and hospitality business on the Pier was increased to 25; the City of West Hollywood’s definition of “substantiated cause” compared to the City’s; the recommendation of an incumbent Pier employer to provide the successor with a list of eligible workers within 15 days of control instead of before operations commences; after a change of control, how the 90-day retention period supports business continuity and confirmation that employers may terminate employees for misconduct and cause within the 90-day period; if private right of action must be included in the Municipal Code to be enforced; if the City’s Hotel Worker Retention ordinance includes Remedies and Attorneys’ Fees and Costs; and if Pier Leasing Guideline include right to recall.
Comments ensued on topics including, but not limited to: concerns that the proposed ordinance creates difficulties for small businesses and that owners should be able to hire staff and operate their businesses independently; incentivizing new and substantially similar businesses to recall workers from
4.F
Packet Pg. 141 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 12 January 27, 2026
a prior business instead of mandating it; the importance of job security and workers rights when affordability is challenging; the limited scope to City property while still giving employers the flexibility to try out employees and let them go for cause; the ordinance’s enforcement mechanisms incentivizing litigation vs. protecting workers; setting a limit to Attorneys’ Fees and Cost and State law provisions that provide for Attorneys’ Fees; the desire for more information on alternative thresholds and tabling the item; and the Council’s right and responsibility to demand public good on City-owned property.
Motion by Councilmember Raskin, seconded by Mayor Torosis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof with the edits read into the record by the Interim City Attorney for Sections 4.69.010(c)-(d), (n) and (p) and 4.69.020(b)-(c).
Substitute motion by Mayor Pro Tem Zwick to add back the language on reasonable and substantiated cause and remove the language on Attorneys’ Fees and Costs. The motion died for lack of a second.
Motion to amend the main motion by Councilmember Hall to provide direction to: include the reference of Right to Recall and Retention in Pier Leasing Guidelines, and return with information on increasing the threshold for number of employees. The amendment was friendly to the maker and seconder.
Point of clarification from the Interim City Attorney to revise Section B.
Incumbent Pier Employer Responsibilities under 4.69.020 Pier Worker Retention to provide a list of eligible workers within 15 days of entering into an agreement with the successor Pier operator, and remove Section D.
Attorneys’ Fees and Costs under 4.66.060 and 4.69.050 Remedies. The maker and seconder incorporated the clarification to the amended motion.
The amended motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall,
Mayor Pro Tem Zwick, Mayor Torosis
NOES: Councilmember Negrete
ABSENT: None
STAFF
ADMINISTRATIVE
ITEMS:
MEASURE YY/GS
MASTER FACILITIES
USE AGREEMENT
(Councilmember Negrete left
the dais at 10:52 p.m.)
Councilmember Negrete recused herself from the item due to a conflict of interest.
11.A. Authorization of Modification to the Measure YY/GS Master Facilities Use Agreement with the Santa Monica-Malibu Unified School District, was presented.
Recommended Action
Staff recommend that the City Council:
4.F
Packet Pg. 142 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 13 January 27, 2026
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to execute a modification to Agreement No. 10658 (CCS), the Measure YY/GS Master Facilities Use Agreement with the Santa Monica-Malibu Unified School District, to extend the term indefinitely.
Questions asked and answered of staff included: clarification on the revised recommendation from the staff report to extend the agreement for 10 years with the same terms and the process to cancel the agreement; and a request for staff to confirm operating hours of facilities due to conflicting hours and closures.
Motion by Councilmember Snell, seconded by Councilmember Hall, to adopt the staff recommendation. The motion was approved by the following roll call vote:
AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya,
Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: Councilmember Negrete
POLLING RESULTS 11.B. Polling Results On Potential 2026 Parcel Tax Ballot Measure, was pulled at the request of staff.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the report provided herein is not a “project” subject to the California Environmental Quality Act (CEQA); Receive the results of a statistically reliable community survey of Santa Monica voters, conducted in October 2025, to gauge sentiment around a potential parcel tax ballot measure; and provide direction to staff on whether to continue preparations to place the measure on the November 2026 general election ballot. 2025 PARKS &
RECREATION VISION
PLAN
(Councilmember Negrete
returned to the dais at 10:57
p.m.)
11.C. 2025 Parks and Recreation Vision Plan, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Receive and approve the 2025 Parks and Recreation Vision Plan.
Questions asked and answered of staff included but was not limited to:
4.F
Packet Pg. 143 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 14 January 27, 2026
incorporating beach space in this and future plans; options to increase park space in the Mid-City and WilMont neighborhoods; the total acreage of private parks in the City; the possibility of implementing short-term actions in medians such as installing temporary benches and lighting; when the field at Airport Park will be replaced and the amount of use between youth and adult sports; if the City has identified underused land or parking space that can be converted to usable rectangular park space for joint-use; reinstating a memorial bench program; prioritizing park space for youth programs in the day and adult programs at night; creating not only accessible park space but inclusive space; the pros and cons of turf vs. natural grass; and clarification on the compromise policy, the pilot program and City’s long-term goals replacing artificial turf.
Comments ensued on topics including, but not limited to: generating revenue from parks, such as hosting events and vending carts/stands; devoting resources to public health and preventing risks to the environment; keeping beach space separate in the City’s needs assessment; prioritizing youth programs during day; making better use of medians for green space such as community gardens; consider housing locations and creating nearby recreational space; reusing freeway land for parks; more dog parks, especially by the beach; more recreational areas on private land with public access; informational signs providing the history of the diverse communities that made up the City; concerns over immediately replacing the Airport Park field with natural grass and its capacity to continue hosting high-intensity adult sports; and boards and commissions’ varying input and recommendations.
Motion by Mayor Pro Tem Zwick, seconded by Councilmember Negrete, to adopt the staff recommendation with an amendment to the third policy for City-Owned Sports Fields that existing City-owned artificial turf fields will be re-evaluated at the end of their natural life to determine if durable natural grass alternatives may feasibly replace them. Feasibility analysis should include cost, intensity of use, capacity needs and public health issues.
Motion to amend by Councilmember Raskin to provide direction on the feasibility analysis to incorporate public health, and determine how streets and the freeway could potentially be reutilized for public recreational purposes. The amendment was friendly to the maker and seconder. The amended motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
MEMORIAL PARK 11.D. Approval of the Revised Plan for Phases 1 and 2 of the Memorial
4.F
Packet Pg. 144 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 15 January 27, 2026
REDEVELOPMENT &
EXPANSION PROJECT
Park Redevelopment and Expansion Project, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt attached Resolution No. 11732 (CCS) certifying the attached Environmental Impact Report for the Memorial Park Redevelopment and Expansion Project;
2. Adopt mitigation measures set forth in the Environmental Impact Report; and
3. Approve the revised plan and direct staff to proceed with design development and construction documents for Phases 1 and 2 of the Memorial Park Redevelopment and Expansion Project.
Questions asked and answered of staff included but was not limited to: the cost, process, on-going maintenance and accountability of LEED Certification; the plan and timeline for displaced programming; the shortfall for the various phases of the project, if the project can proceed to the next phases if funding is not meet, and alternatives to reduce the shortfall; the recommendation for combination baseball fields if certain games cannot be played simultaneously; Field Five’s proposed direction towards sunset and its affect on the playground; and confirmation of the pickleball court recommended by the Recreation and Parks Commission.
Comments ensued on topics including, but not limited to: exploring ways to complete the project when resources are restrained; and partnering with private businesses to temporarily replace displaced programming.
Motion by Councilmember Raskin, seconded by Mayor Torosis, to adopt the staff recommendation. The motion was approved by the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
SANTA MONICA
RESTORATIVE JUSTICE
PROGRAM
11.E. Establishment of a Santa Monica Restorative Justice Program, was presented.
Recommended Action
Staff recommends that the City Council establish the Santa Monica Restorative Justice Program by taking the following actions:
1. Establish a dedicated Restorative Justice Fund by allocating the $3.5 million received by the City following adoption of the Second Amendment to the Development Agreement with the RAND
Corporation.
4.F
Packet Pg. 145 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 16 January 27, 2026
2. Create a formal City Council established Santa Monica Restorative Justice Commission to develop Restorative Justice Program details and criteria.
3. Authorize staff to secure the services of an independent administrator to support the efforts of the Restorative Justice Commission in developing and administering the City’s Restorative Justice Program.
4. Consider a future allocation of the remaining $2 million in funding that the City will receive from the RAND Corporation, which will occur within 3 years based on the Second Amendment to the Development Agreement with RAND Corporation, to the Restorative Justice Fund.
Questions asked and answered of staff included but was not limited to: the practice of upgrading temporary task forces to permanent commissions; if the task force’s work and recommendations will be presented to the proposed commission or the Council; the commission’s responsibilities on claims and decisions on programming vs. the Council’s; if the $3.5M is the program’s initial or maximum budget and if it will fund claims or invest in programming; the timeline to submit claims; if the independent Program Administrator will be a City staff member or consultant, and if an external Administrator is best practice in other agencies; and if the program is moving away from reparations as the program’s name is different.
Comments ensued on topics including, but not limited to: the work and recommendations of the task force being incorporated; the creativity on finding sufficient resources and dedicating it to the program; honoring commitments made in the Black Apology; and the desire to offer financial literacy programs, including partnering with local businesses.
The Council requested a presentation or an Information Item on Task Force’s work and recommendations.
Motion by Councilmember Hall, seconded by Councilmember Negrete, to adopt the staff recommendation but refrain from committing the additional $2M until more information is provided on the Restorative Justice Program.
Motion to amend by Councilmember Raskin to include direction on looking at how freeway land can be reused to promote restorative justice. The amendment was friendly to the maker and seconder. The amended motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
4.F
Packet Pg. 146 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 17 January 27, 2026
COUNCILMEMBER
DISCUSSION ITEMS:
In accordance with Council Rule 6(y), all Councilmember Discussion items were considered and approved in one motion unless removed by a Councilmember for discussion.
Item 16.A., 16.C., and 16.H. was removed and considered separately in accordance with Council Rule 6(y).
Motion by Councilmember Raskin, seconded by Councilmember Hall, to approve items 16.B., 16.D., 16.E., 16.F. and 16.G. The motion was approved by the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
SCAG REGIONAL
COUNCIL DISTRICT 41
SPECIAL ELECTION
16.A. Selection of Councilmembers to Participate in SCAG Regional Council District 41 Special Election, was presented.
Recommended Action
Staff recommends that the City Council:
1. Select five of its seven Councilmembers available to attend the Westside Cities Council of Governments (WSCCOG) Board
Meeting to participate in the Southern California Association of Governments (SCAG) Regional Council District 41 Special Election by each casting one of the City’s five authorized votes;
2. Designate a sixth Councilmember as an alternate, authorized to cast a vote in the event that one of the initially selected five Councilmembers is unable to cast a vote;
3. Authorize the seventh Councilmember to cast a vote only if fewer than five votes have been cast on behalf of the City after all other authorized Councilmembers present have cast their votes; and
4. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines
Nomination from Mayor Torosis, seconded by Councilmember Hall to:
appoint Mayor Pro Tem Zwick and Councilmembers Hall, Negrete, Raskin and Snell to represent the City at the Board meeting; designate Councilmember Zernitskaya as the Alternate; and authorize Mayor Torosis to vote if there are fewer than five votes for the City. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
4.F
Packet Pg. 147 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 18 January 27, 2026
ABSENT: None
PERSONNEL BOARD 16.B. Recommendation to accept Melanie Luthern Allen's resignation from the Personnel Board and authorize the City Clerk to publish the vacancy, was accepted with regret.
AFFORDABILITY
STRATEGIES
16.C. Request of Mayor Torosis and Councilmembers Hall and Raskin to direct the City Manager and City Attorney to evaluate and advance targeted affordability strategies addressing food costs, early-childhood expenses, worker wage protection, consumer pricing fairness, and tenant displacement, using proven local and national models, was presented.
Comments ensued on topics including, but not limited to: numerous Councilmember items becoming unfunded mandates, staff’s bandwidth, and the need to continue to provide basic City services and focus on core priorities; some recommendations falling under State or Federal authority and a request for more information before launching pilot programs or adopting ordinances; the Baby Basket Program and parents’ need for financial assistance over physical goods; providing financial or child-care assistance to middle-income parents who over-qualify for State and Federal programs; the high-cost of food and childcare and Federal funding freezes, and the urgency to pro-actively help community members; and consultation with local parents and community organizations.
Motion by Councilmember Hall, seconded by Mayor Torosis to approve the request, with direction to: analyze what can legally and feasibility be under the City authority vs. State or Federal; analyze community needs, what resources are already available in the City, and if existing programs can be expanded; and prioritize restoring former City programs such as Childcare, Recreation, Enrichment, Sports Together (CREST) and including programs such as the Growing Place and Connections for Children. The motion was approved by the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
GENDER-AFFIRMING
HEALTHCARE
16.D. Request of Councilmembers Hall and Zernitskaya that the Council direct City Staff to publicly comment on proposed federal rules and consider joining litigation to protect gender-affirming healthcare for Transgender, Gender Diverse, and Intersex youth, was approved.
CURB RAMP
STANDARDS
16.E. Request of Mayor Pro Tem Zwick and Councilmember Hall that the City Council direct the City Manager to formalize a policy with
4.F
Packet Pg. 148 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 19 January 27, 2026
regard to curb ramp design standards in the city, was approved. 2027 TOURNAMENT OF
ROSES PARADE
16.F. Request of Mayor Torosis, Councilmember Snell and Councilmember Zernitskaya to Pursue Santa Monica Entry into the 2027 Tournament of Roses Parade through a Community-led Planning, Fundraising and Volunteer Effort, was approved.
PEDESTRIAN AND BIKE
PATHS
16.G. Request of Mayor Torosis, Councilmember Snell, and Councilmember Hall to Strengthen Safety, Accessibility, and Enforcement on the Santa Monica’s Pedestrian and Bike Paths, was approved.
COUNCIL MEETING
IMPROVEMENTS
16.H. A request of Councilmember Negrete that the City Council consider support directing staff to analyze process improvements for City Council Meetings, was presented.
Comments ensued on topics including, but not limited to: the meeting serving as an example for reducing public speaking time when there are 25+ speakers due to delayed discussions and prolonging the meeting; the parttime status of Councilmembers, the need to maintain full-time work, and difficulty of attending daytime meetings; additional meetings taking Councilmembers from familial and personal obligations; day-time meetings preventing working individuals from serving on Council and losing representation from certain community members; finding a balance to give time to hear public members who are at school, working during the day or tend to family in the evenings, the ability to conduct the people’s business and not prolonging meetings; other bodies capping public speaking time on general public comment and agenda items; general public comments speakers being unable to stay until the end of the meeting; and a process for large organized groups to register one speaker for the group and give additional time similar to board and commission representatives, and offer real-time translation to save time on public comment.
Motion by Councilmember Hall, seconded by Councilmember Raskin to direct staff to return with: options to schedule Closed Session meetings on alternate Tuesdays when regular meetings are estimated to run long; moving Item 1 (General Public Comment) to the end of the meeting allowing speakers on agenda items to be heard earlier; revising the rule on reducing time for more than 25 speakers registered to speak during a public input section, to reducing time for more than 25 speakers on an agenda item, while maintaining the 6 minutes per Council meeting limit; options to increase collaboration or support from multiple Councilmembers or local organizations on 16-item instead of agendizing items from only one Councilmember; offering more public comment opportunities outside of Council meetings similar to last year’s Council Budget Workshop; and Council compensation information from other jurisdictions that meet earlier
4.F
Packet Pg. 149 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 20 January 27, 2026
in the day or have full-time Council members. The motion was approved by the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
CLOSED SESSIONS
(Continued)
On order of the Mayor, the City Council to adjourn to Closed Session at 1:51 a.m. The City Attorney and City Manager returned at 2:33 a.m., and the City Attorney reported the following:
5.C. Conference with legal counsel - significant exposure to litigation - Gov. Code § 54956.9(d)(2) - 2 cases
The City Attorney advised this matter was heard with no reportable action taken.
5.D. Conference with legal counsel - consider filing amicus brief - Gov.
Code § 54956.9(d)(4): Harris, et al. v. City of Los Angeles (9th Cir. No. 25-5029)
The City Attorney advised this matter was heard and Council approved to file amicus brief on a 6-0 vote with Mayor Pro Tem Zwick absent.
ADJOURNMENT On order of the Clerk, the City Council meeting adjourned at 2:34 a.m. in memory of Alex Jeffrey Pretti.
ATTEST: APPROVED:
Maria Dacanay-Wisner Caroline Torosis
Assistant City Clerk Mayor
4.F
Packet Pg. 150 Minutes Acceptance: Minutes of Jan 27, 2026 5:30 PM (CONSENT CALENDAR) 1 January 27, 2026
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 27, 2026
A special meeting of the Santa Monica City Council was called to order by Mayor Torosis at 5:35 p.m., on Tuesday, January 27, 2026, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Caroline Torosis
Mayor Pro Tem Jesse Zwick (arrived at 5:42 p.m.)
Councilmember Lana Negrete
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Barry Snell
Councilmember Natalya Zernitskaya
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
Assistant City Clerk Maria Dacanay-Wisner
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:35 p.m. to hear the 5:30 p.m. regular meeting and the 5:35 p.m. concurrently, with Mayor Pro Tem Zwick absent. Councilmember Snell led the assemblage in the Pledge of Allegiance.
STATEMENT OF
ACCOUNTABILITY
(LAND
ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Zernitskaya.
LEVINE ACT
DISCLOSURE (GC 84308)
No Councilmembers made disclosures regarding the Levine Act.
AGENDA
MANAGEMENT
Motion by Mayor Torosis, seconded by Councilmember Hall to: approve staff’s request to pull items 4.C. and 11.B.; hear comments on item 16.I. (ONESAMO People’s Academy) along with item 1 (General Public Input); present the Mayor’s Highlight after item 1; combine the City Manager’s Report with item 16.I. and hear both items after Item 2 (Special Agenda Items); hear item 12.A. after the Consent Calendar and give priority to hear students speaking on items 11.C. and 11.D. upon arrival. The motion passed with the following roll call vote:
AYES: Councilmembers Zernitskaya, Snell, Raskin, Hall, Negrete,
4.G
Packet Pg. 151 Minutes Acceptance: Minutes of Jan 27, 2026 5:35 PM (CONSENT CALENDAR) 2 January 27, 2026
(Councilmember Zwick
arrived at 5:42 p.m.)
Mayor Torosis
NOES: None
ABSENT: Mayor Pro Tem Zwick
Motion by Councilmember Negrete, seconded by Councilmember Zernitskaya to recess from Closed Session at 8:30 p.m. and continue with Closed Session after the public session. The motion passed with the following roll call vote:
AYES: Councilmembers Negrete, Hall, Raskin, Snell, Zernitskaya, Mayor Pro Tem Zwick, Mayor Torosis
NOES: None
ABSENT: None
PUBLIC INPUT FOR
CLOSED SESSION ONLY:
Members of the public Denise Barton and Tom Casparian commented on Closed Session items.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 7:22 p.m., to consider Closed Sessions and returned at 8:30 p.m., with all members present to report the following:
5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): City, et al. v. Waymo LLC et al., LASC # 25SMCV06581 The City Attorney advised this matter was heard with no reportable action taken.
5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Santa Monica EV Holdings, LLC, et al. v. City, LASC # 25SMCV06681
The City Attorney advised this matter was heard with no reportable action taken.
5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1): Waymo LLC v. City, LASC # 25SMCV06541
The City Attorney advised this matter was heard with no reportable action taken.
4.G
Packet Pg. 152 Minutes Acceptance: Minutes of Jan 27, 2026 5:35 PM (CONSENT CALENDAR) 3 January 27, 2026
ADJOURNMENT On order of the Mayor, the special City Council meeting adjourned at 8:30 p.m. and the regular City Council continued.
ATTEST: APPROVED:
Maria Dacanay-Wisner Caroline Torosis
Assistant City Clerk Mayor
4.G
Packet Pg. 153 Minutes Acceptance: Minutes of Jan 27, 2026 5:35 PM (CONSENT CALENDAR) January 28, 2026
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JANUARY 28, 2026
A special meeting of the Santa Monica City Council was called to order by Councilmember Raskin at 5:30 p.m., on Wednesday, January 28, 2026, at City Council Chambers, 1685 Main Street, Santa Monica, CA., and teleconference location in Ketchum, ID 83340.
Roll Call: Present: Mayor Caroline Torosis (via telephone at 5:34 p.m.) Councilmember Lana Negrete
Councilmember Dan Hall
Councilmember Ellis Raskin
Councilmember Natalya Zernitskaya
Absent: Mayor Pro Tem Jesse Zwick
Councilmember Barry Snell
Also Present: City Manager Oliver Chi
Interim City Attorney Heidi von Tongeln
Interim City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Acting Chair, the City Council convened at 5:30 p.m., with all members present except Councilmember Snell, Mayor Pro Tem Zwick, and Mayor Torosis. Councilmember Hall led the assemblage in the Pledge of Allegiance.
STATEMENT OF
ACCOUNTABILITY
(LAND
ACKNOWLEDGEMENT)
The City of Santa Monica Statement of Accountability (Land Acknowledgement) was read into the record by Councilmember Negrete.
LEVINE ACT
DISCLOSURE
No Councilmembers made disclosures regarding the Levine Act (Govt Code Section 84308).
VOTE FOR ACTING
CHAIR
Due to the Mayor not joining the meeting until Closed session, Councilmember Raskin volunteered to sit as the Acting Chair for the meeting. There being no objections, Councilmember Raskin was unanimously appointed by voice vote, with Mayor Torosis, Mayor Pro Tem Zwick, and Councilmember Snell absent.
4.H
Packet Pg. 154 Minutes Acceptance: Minutes of Jan 28, 2026 5:30 PM (CONSENT CALENDAR) January 28, 2026
PUBLIC INPUT FOR
CLOSED SESSION ONLY:
There were no members of the public present to comment on Closed Session items.
CLOSED SESSIONS
Mayor Torosis arrived via
teleconference at 5:34 p.m.
On order of the Mayor, the City Council recessed at 5:34 p.m., to consider Closed Sessions and returned at 6:53 p.m., with Mayor Pro Tem Zwick and Councilmember Snell absent, to report the following:
Acting Chair Raskin, advised this matter was heard with no reportable action taken.
ADJOURNMENT On order of the Acting Chair, the City Council meeting adjourned at 6:53 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Ellis Raskin
Interim City Clerk Acting Chair
4.H
Packet Pg. 155 Minutes Acceptance: Minutes of Jan 28, 2026 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: February 10, 2026
Agenda Item: 4.I
1 of 11
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and the Supplements to that Order.
Executive Summary
On January 8, 2025, on behalf of the City, and in accordance with Santa Monica Municipal Code (SMMC) Section 2.16.060, the City Manager, as Director of Emergency Services, issued an Executive Order declaring a Local Emergency (Executive Order) in response to extreme weather conditions and widespread fires that ignited in nearby Pacific Palisades (Palisades Fire) and elsewhere in Los Angeles County (collectively, Regional Fires). On January 10, 2025, the City Manager issued a Revised Executive Order.
On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.
4.I
Packet Pg. 156
2 of 11
On January 14, 2025, the City Manager issued a Second Revised Executive Order in accordance with direction given by the City Council on January 10, and on January 31, 2025, the City Manager issued a First Supplement to the Executive Order.
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. On March 19, 2025, the City Manager issued a Second Supplement to the Executive Order in accordance with direction given by Council on February 25. On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order, and on April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order.
On April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Third and Fourth Supplements to the Executive Order. On April 29, 2025, the City Manager issued a Fifth Supplement to the Executive Order.
On June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order. On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order.
On July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First, Second, Third, Fourth and Fifth Supplements to the Executive Oder, and ratifying the Sixth Supplement to the Executive Order. On August 28, 2025, the City Manager issued a Seventh Supplement to the Executive Order.
On September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), reratifying 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. On October 23, 2025, the City Manager issued an Eighth Supplement to the Executive Order.
On October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), reratifying 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.
4.I
Packet Pg. 157
3 of 11
On December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), reratifying 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. On December 19, 2025, the City Manager issued a Ninth Supplement to the Executive Order.
The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements, all include specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.
Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Further, SMMC section 2.16.100 requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council” Accordingly, this staff report recommends adopting the attached Resolution re-ratifying the Executive Order, Revised Executive Order, Second Revised Executive Order and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements to the Executive Order. (Attachment A).
On February 24, 2026, Council is scheduled to consider economic recovery updates to the Zoning Ordinance that would incorporate a number of provisions in the Emergency Order and Supplements. As that process moves forward, staff is assessing whether the remaining provisions of the Emergency Order and supplements are still necessary or require revision due to evolving circumstances. Staff anticipates returning to Council with a recommendation at its April 7, 2026 Regular Meeting.
Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.
The National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation.
4.I
Packet Pg. 158
4 of 11
On January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County ignited in Los Angeles County, burning over 40,000 acres (the Regional Fires). High winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph.
The Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access routes to the communities affected by the Regional Fires. Along with the windstorm, the Regional Fires spread across more than 40,000 acres damaging or destroying structures and prompting evacuation orders and road closures. This weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure.
On January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles, and the Governor declared a state of emergency to make additional resources available.
On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an
4.I
Packet Pg. 159
5 of 11
evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).
On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections.
On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other
4.I
Packet Pg. 160
6 of 11
campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expand criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires. (Attachment E).
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. Council further gave direction to phase out suspension of the tenant protection laws for short term rentals and that short term renters are given the same protections as long-term renters in addition to providing support to local restaurants impacted by the fires.
On March 19, 2025, the City Manager issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025. (Attachment F).
On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order to provide a 50% discount for license fees for outdoor dining, sidewalk dining, and pier deck dining for the month of March 2025. (Attachment G).
On April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and
4.I
Packet Pg. 161
7 of 11
Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025. (Attachment H).
On April 29, 2025, the City Manager issued Fifth Supplement to the Executive Order, which, consistent with Council direction given on March 22, 2025, extended the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through June 30, 2025. (Attachment I.)
On June 26, 2025, the City Manager issued a Sixth Supplement to the 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 the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through August 31, 2025. (Attachment J.)
On August 28, 2025, the City Manager issued a Seventh Supplement to the 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 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 the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited4.I Packet Pg. 162
8 of 11
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 October 31, 2025. (Attachment K.)
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. Further, 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 expired for initial persons that were awarded the priority and will expire soon for others, and 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.
On October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to: 1) allow for and confirm the expiration of the provisions of Section 4 of the Second Revised Executive Order, as amended by the First Supplement, granting priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist to eligible persons impacted by the Regional Fires; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through December 31, 2025. (Attachment L) In adopting Santa Monica Municipal Code Chapter 6.22, Residential Leasing Requirements (“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”. The temporary suspension of
4.I
Packet Pg. 163
9 of 11
enforcement of SMMC Chapter 6.22 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. 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. 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.
On December 19, 2025, the Executive Director of Emergency Services issued a Ninth Supplement to the Second Revised Executive Order to: 1) revise the provisions of the Section 3 of the Second Revised Executive Order, as modified by the Second Supplement, to provide for the commencement of enforcement of SMMC sections
6.22.050, 6.22.060, and 6.22.070 for lease agreements or new tenancies entered into on or after January 1, 2026; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through February 28, 2026. (Attachment M) The emergency proclamation and its supplements were issued by the City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code
2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council previously approved Resolution Number 11639 (CCS) on January 10, 2025, ratifying the Executive Order and Revised Executive Order; Resolution Number 11645 (CCS) on February 25, 2025, re-ratifying the Executive Order and Revised Executive Order and ratifying the Second Revised Executive Order and the First Supplement to the Executive Order; Resolution Number 11659 (CCS) on April 22, 2025, re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements; Resolution Number 11668 (CCS) on June 10, 2025, reratifying the Executive Order, the First and Second Revised Executive Order, and the
4.I
Packet Pg. 164
10 of 11
First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; Resolution Number 11685 (CCS) on July 29, 2025, 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; 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; 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 on December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), reratifying 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.
Staff now recommends that Council adopt the attached resolution re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements and ratifying the Ninth Supplement to the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.
On February 24, 2026, Council is scheduled to consider economic recovery updates to the Zoning Ordinance that would incorporate a number of provisions in the Emergency Order and Supplements. As that process moves forward, staff is assessing whether the remaining provisions of the Emergency Order and supplements are still necessary or require revision due to evolving circumstances. Staff anticipates returning to Council with a recommendation at its April 7, 2026 Regular Meeting.
Environmental Review
The action taken by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant
4.I
Packet Pg. 165
11 of 11
effect on the environment”, Section 15268 (Ministerial Projects) CEQA Guidelines, and Section 15301 (Existing Facilities) of the CEQA Guidelines. The measures taken are, among other things, administrative; ministerial; involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; or are emergency and temporary in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Fiscal Impacts
None.
Prepared By: Heidi Von Tongeln, Interim City Attorney
Approved Forwarded to Council
Attachments:
A. A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26
B. B-Executive Order Local Emergency January 8, 2025
C. C-Revised Executive Order Local Emergency January 10, 2025 D. D-Second Revised Executive Order Local Emergency January 14, 2025 E. E-First Supplement to Executive Order Local Emergency January 31, 2025 F. F-Second Supplement to Executive Order Local Emergency March 19, 2025 G. G-Third Supplement to Executive Order Local Emergency March 28, 2025 H. H-Fourth Supplement Executive Order Local Emergency April 16, 2025 I. I-Fifth Supplement Executive Order Local Emergency April 29, 2025 J. J-Sixth Supplement Executive Order Local Emergency June 26, 2025 K. K-Seventh Supplement Executive Order Local Emergency August 28, 2025 L. L-Eighth Supplement Executive Order Local Emergency October 23, 2025 M. M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire
12.19.25 4.I
Packet Pg. 166
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 PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF
LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and
4.I.a
Packet Pg. 167 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the
4.I.a
Packet Pg. 168 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 3 mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment,
4.I.a
Packet Pg. 169 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 4 and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered
4.I.a
Packet Pg. 170 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in
4.I.a
Packet Pg. 171 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes (TOT) and the Tourism Marketing District (TMD) Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for incomequalifying households impacted by the Regional Fires; and WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and
4.I.a
Packet Pg. 172 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 7 WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
4.I.a
Packet Pg. 173 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 8 WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, on April 16, 2025, the Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025; and
WHEREAS, 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
4.I.a
Packet Pg. 174 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 9 Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and WHEREAS, 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
4.I.a
Packet Pg. 175 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 10 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; 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: 1) terminate the provisions of Section 4 of the Second Revised Executive Order, as amended by the First Supplement, granting Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist to eligible persons impacted by the Regional Fires for a period of 6 months; and 2) 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
4.I.a
Packet Pg. 176 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 11 Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order; and
WHEREAS, in adopting Santa Monica Municipal Code Chapter 6.22, Residential Leasing Requirements (“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 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
WHEREAS, on December 19, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to: 1) revise the provisions of the Section 3 of the Second Revised Executive Order, as modified by the Second Supplement, to provide for the commencement of enforcement of SMMC
4.I.a
Packet Pg. 177 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 12 sections 6.22.050, 6.22.060, and 6.22.070 for lease agreements or new tenancies entered into on or after January 1, 2026; and 2) extend the provisions of Section 5 of the Second Supplement to February 28, 2026; and
WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive Director of Emergency Services related to the protection of life and property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified.
4.I.a
Packet Pg. 178 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 13 SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified.
SECTION 3. The Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.
SECTION 4. The First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified.
SECTION 5. The Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit E”) is hereby ratified.
SECTION 6. The Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit F”) is hereby ratified.
SECTION 7. The Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is hereby ratified.
SECTION 8. The Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) is hereby ratified.
SECTION 9. The Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) is hereby ratified.
4.I.a
Packet Pg. 179 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 14 SECTION 10. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”) is hereby ratified.
SECTION 11. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit K”) is hereby ratified.
SECTION 12. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit L”) is hereby ratified.
SECTION 13. 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 14. The City Council authorizes the City Manager, in the Manager’s capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires.
SECTION 15. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First,
4.I.a
Packet Pg. 180 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 15 Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and shall remain in full force and effect until the termination of the resolution by the City Council.
SECTION 15. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements to the Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 16. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
4.I.a
Packet Pg. 181 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 16 _________________________
HEIDI VON TONGELN
Interim City Attorney
4.I.a
Packet Pg. 182 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 02.10.26 (7387 : Fire Emergency Order 1 PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and
4.I.b
Packet Pg. 183 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
4.I.b
Packet Pg. 184 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
4.I.b
Packet Pg. 185 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,
4.I.b
Packet Pg. 186 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person.
4.I.b
Packet Pg. 187 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
4.I.b
Packet Pg. 188 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
4.I.b
Packet Pg. 189 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 8th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.I.b
Packet Pg. 190 Attachment: B-Executive Order Local Emergency January 8, 2025 (7387 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
4.I.c
Packet Pg. 191 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire
4.I.c
Packet Pg. 192 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within a and
4.I.c
Packet Pg. 193 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and
4.I.c
Packet Pg. 194 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by
4.I.c
Packet Pg. 195 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the
4.I.c
Packet Pg. 196 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments
4.I.c
Packet Pg. 197 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.
7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
4.I.c
Packet Pg. 198 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
4.I.c
Packet Pg. 199 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 10th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.I.c
Packet Pg. 200 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7387 : Fire Emergency Order Extension) 1 SECOND REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
4.I.d
Packet Pg. 201 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and
4.I.d
Packet Pg. 202 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and
4.I.d
Packet Pg. 203 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 4 That the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and
4.I.d
Packet Pg. 204 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 5 That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
That the Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
4.I.d
Packet Pg. 205 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 6 IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
4.I.d
Packet Pg. 206 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
4.I.d
Packet Pg. 207 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.
6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.
4.I.d
Packet Pg. 208 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
4.I.d
Packet Pg. 209 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
4.I.d
Packet Pg. 210 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
4.I.d
Packet Pg. 211 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.
13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
4.I.d
Packet Pg. 212 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.I.d
Packet Pg. 213 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7387 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and
4.I.e
Packet Pg. 214 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
4.I.e
Packet Pg. 215 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
4.I.e
Packet Pg. 216 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject
4.I.e
Packet Pg. 217 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant
4.I.e
Packet Pg. 218 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and
4.I.e
Packet Pg. 219 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;
WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
4.I.e
Packet Pg. 220 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.
NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.
4.I.e
Packet Pg. 221 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.
4.I.e
Packet Pg. 222 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.
5. Section 4 of the Second Revised Executive Order is hereby amended as follows:
Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).
4.I.e
Packet Pg. 223 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:
Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
ADOPTED this 31st day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.I.e
Packet Pg. 224 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7387 : Fire Emergency Order Extension) 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 225 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 226 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 227 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 4 WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 228 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 229 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 230 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 231 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 232 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 233 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
NOW, THEREFORE, I; Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement and this Second Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First Supplement to the Executive Order is hereby amended as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 234 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 11 Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. Section 3 of the Second Revised Executive Order is hereby amended and shall read in its entirety as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 235 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 12 Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 236 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 13 4. Upon written request, made on or before April 30, 2025, of a hotel or motel subject to the TOT and TMD, and impacted by the regional fires, the Finance Department may grant a 30-day extension for the payment of TOT and TMD due.
5. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or permits issued by the City of Santa Monica, enforcement of the following provisions of Santa Monica Municipal Code Sections 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements, as applicable, are hereby suspended for businesses that: (1) have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code, including, but not limited to, Eating and Drinking Establishments, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8), and Commercial Entertainment and Recreation, Large Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(d), and Small Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(e):
A. Restrictions on hours of operation and hours of alcohol service.
B. Prohibitions against serving alcohol in any disposable container such as disposable plastic or paper cups, except for special events.
C. Limitations on percentage of total gross revenues per year from alcohol sales.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 237 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 14 D. Limitations on the number of 3 television screens including video projectors or similar audio/visual devices permitted to be utilized on the premises, including limitations on size of screens.
E. Prohibitions against providing billiard/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.
F. Prohibitions against liquor bottle service, including provisions limiting wine and beer bottle service unless full meal service is provided concurrent with the bottle service, and requirements that all food items shall be available from the full service menu.
For purposes of this provision, bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
G. Prohibitions against establishments, except for special events, organizing or participating in organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
H. Requirements that, if a counter service area is provided, food service shall be available at all hours the counter is open for patrons and the counter area shall not function as a separate bar area.
I. Requirements that the primary use of any outdoor dining area shall be for seated meal service and that patrons who are standing in the outdoor seating area shall not be served.
J. For Restaurants, Full Service, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), and Restaurants, Limited-Service and Take-Out, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c):
1. Limitations on the number of indoor or outdoor seats; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.I.f
Packet Pg. 238 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 15 2. Requirements that the primary use of the premises shall be for sitdown meal service to patrons.
K. For Restaurants with Entertainment subject to the provisions of Santa Monica Municipal Code Section 9.31.290, requirements that:
1. There is sit down meal service provided at all times while the entertainment is taking place;
2. The entertainment is provided only in the dining areas; and
3. There is no cover charge or minimum drink purchase requirement.
The provisions of this Section 5 of this Second Supplement shall terminate on April 30, 2025 at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 20th day of March 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
ELAINE POLACHEK
Interim City Manager
Interim Director of Emergency
Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1 3/20/2025
3/20/2025
3/20/2025
4.I.f
Packet Pg. 239 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7387 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA
THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 240 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 241 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 242 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 4 ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 243 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 244 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 245 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants, and other businesses with outdoor dining options, some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 246 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 247 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 248 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) suspend enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20 HomeSharing and Vacation Rentals through and including April 18, 2025 and clarify that shortterm rental hosts, home-sharing hosts, or landmarks may not unilaterally terminate rental agreements before the end of the agreed upon rental period, evict or compel a person who has established a tenancy to vacate a rental unit without judicial process, or terminate a tenancy subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by applicable law; 3) expand a 30-day Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 249 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 11 extension for payment of TOT and TMD; and 4) suspend certain provisions of Santa Monica Municipal Code Sections 9.31.280 and 9.31.290 for specified businesses; and WHEREAS, restaurants in the City are reporting ongoing losses of revenue through March 2025 due to the impacts of the Regional Fires and thus discounting license fees by 50% for the month of March for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining will continue to provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help them remain open and support their overall business recovery.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement, Second Supplement, and this Third Supplement.
2. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be discounted by 50% for the month of March 2025.
ADOPTED this 28th day of March 2025.
//
//
//
//
//
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 250 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 12 ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
4.I.g
Packet Pg. 251 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7387 : Fire Emergency Order Extension) 1 FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 252 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 253 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 254 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 255 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 256 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 257 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 7 suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 258 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second and Third Supplements, and this Fourth Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First and Second Supplements to the Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 259 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 9 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.I.h
Packet Pg. 260 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 10 3. Schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown shall be eligible for discounted monthly parking passes for the City’s Downtown parking structures pursuant to a pro rata monthly Group Discount Rate for the 35 remaining school days of the Spring 2025 Semester at a rate of $192.50 per parking pass (which equates to a daily rate of $5.50 per day).
4. Modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order shall be of no further force and effect as of April 30, 2025, and no permits shall be issued pursuant to those modified parking regulations after April 30, 2025.
ADOPTED this 16th day of April 2025.
//
//
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E 4/16/2025
4/16/2025
4/16/2025
4.I.h
Packet Pg. 261 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7387 : Fire Emergency Order Extension) 1 FIFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 262 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 263 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 264 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 265 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 266 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 267 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 268 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 269 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, this extension will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third and Fourth Supplements, and this Fifth Supplement.
2. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on June 30, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. //
//
//
//
//
//
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.I.i
Packet Pg. 270 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 10 ADOPTED this 29th day of April 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1 4/29/2025
4/29/2025
4/29/2025
4.I.i
Packet Pg. 271 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7387 : Fire Emergency Order Extension) 1 SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 272 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 273 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 274 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 275 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 276 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 277 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 278 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 279 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 280 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 10 WHEREAS further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth and Fifth Supplements, and this Sixth Supplement.
2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:
A. Within the City’s non-residential zones:
1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s nonDocusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 281 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 11 residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and
2. in addition, small Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.
B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.
C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.I.j
Packet Pg. 282 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 12 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on August 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 26th day of June 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB 6/26/2025
6/26/2025
6/26/2025
4.I.j
Packet Pg. 283 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7387 : Fire Emergency Order Extension) 1 SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 284 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 285 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 286 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 287 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 288 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the 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; Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 289 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 7 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, 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
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 290 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 8 WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 291 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 9 WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
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, Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 292 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 10 and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and 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, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 293 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 11 conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
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 Supplements, and this Seventh Supplement.
2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:
A. Within the City’s non-residential zones:
1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and
2. Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 294 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 12 Regional Fires may operate without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.
3. The Director of the Community Development Department, or designee, may issue Temporary Use Permits in accordance with Santa Monica Municipal Code Chapter 9.44 for temporary uses supportive of economic recovery or to support businesses operating in Los Angeles County that were displaced by the Regional Fires, if the Director has determined that the temporary use will be compatible with the purposes of the district and surrounding land uses.
B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.
C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.I.k
Packet Pg. 295 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 13 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on October 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 28th day of August 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C 8/29/2025
8/29/2025
8/29/2025
4.I.k
Packet Pg. 296 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7387 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA
EIGHTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 297 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 2 road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
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 Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 298 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 299 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 4 WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 300 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (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: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 301 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (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: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 302 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (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: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 303 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (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: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 304 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (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: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 305 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (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, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and 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 Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 306 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 11 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 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, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 307 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 12 alcohol sales, will provide additional opportunities for economic recovery for local businesses.
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, and Seventh Supplements, and this Eighth Supplement.
2. Section 4 of the Second Revised Executive Order as modified and supplemented by the First Supplement is hereby terminated and is of no further force and effect except that households granted Tier 1 priority on the Below Market Housing waiting list or the Santa Monica Housing Authority waiting list shall retain that priority for a period of 6 months after being granted the priority.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on December 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. ///
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 308 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 13 ADOPTED this 23rd day of October 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: 58941E81-F61E-414E-854F-5F86BED08A25
4.I.l
Packet Pg. 309 Attachment: L-Eighth Supplement Executive Order Local Emergency October 23, 2025 (7387 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA
NINTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
4.I.m
Packet Pg. 310 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 2 road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
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 Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
4.I.m
Packet Pg. 311 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and WHEREAS, the City of Santa Monica (the City) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
4.I.m
Packet Pg. 312 Attachment: M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire 12.19.25 (7387 : Fire Emergency Order Extension) 4 WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB