Agenda packet, first session — Santa Monica City Council, July 28, 2026 (part 1 of 4)

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

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: 7/29/2026 11:11 AM Page 2

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

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

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

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

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

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

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

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

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

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

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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

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

City of Santa Monica Generated: 7/29/2026 11:11 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 28, 2026
MEETING BEGINS AT 5:30 PM

HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Participants may join a meeting by phone via Zoom. Dial, the phone number to access Zoom’s audio system, and enter the Zoom Meeting ID to join the meeting.

Zoom Dial-In Information: Phone Number (669) 900-6833 (US), Meeting ID:978 8290 3006# Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the business day before a meeting. Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

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

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

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

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS
City of Santa Monica Generated: 7/29/2026 11:11 AM Page 4

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

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 SP2785 to and Authorize City Manager to enter into Agreements With WGJ Enterprises Inc., dba PCI and Specialized Pavement Marking LLC for On-Call Contract Signage and Striping Services for the Public Works Department
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #SP2785 to WGJ Enterprises, Inc., dba PCI, and Specialized Pavement Marking, LLC for On-Call Signage and Striping for the Public Works Department;

3. Authorize the City Manager to execute an agreement with WGJ Enterprises Inc., dba PCI in an amount not to exceed $5,000,000 over a five-year period, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to execute an agreement with Specialized Pavement Marking, LLC in an amount not to exceed $5,000,000 over a fiveyear period, with future year funding contingent on Council budget approval.

4.B. Authorization to enter into Third Modification to Agreement with Rincon Consultants, Inc. for Local Coastal Plan Implementation City of Santa Monica Generated: 7/29/2026 11:11 AM Page 5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 15265 (Adoption of Coastal Plans and Programs) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a third modification to agreement #3897 (CCS) in the amount of $100,000 with Rincon Consultants, Inc., to provide a revised Local Coastal Program Implementation Plan for the Community Development Department. This will result in a four-year amended agreement with a new total amount not to exceed $158,930.85, with future year funding contingent on Council budget approval.

4.C. Award Bid #SP2709 to Sully Miller Contracting Company for Construction Services and RFP #SP2709 to Cannon Corporation for Construction Management Services for the Wilshire Boulevard Safety Improvement Project Phase 2B
Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #SP2709 to Sully Miller Contracting Company for construction services for the Wilshire Boulevard Safety Improvement Project Phase 2B for the Public Works Department;

3. Authorize the City Manager to execute an agreement with Sully Miller Contracting Company, in an amount not to exceed $7,609,433 (including a 15% contingency);

4. Award RFP #SP2709-CM to Cannon Corporation to provide construction management services for the Wilshire Boulevard Safety Improvement Project Phase 2B for the Public Works Department;

5. Authorize the City Manager to execute an agreement with Cannon Corporation in an amount not to exceed $512,850 over a two-year period with future year funding contingent on Council budget approval; and

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

4.D. Approval of Second Modification to Agreement #11607 SMA Builders, Inc. for Additional Construction Services for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines; and

City of Santa Monica Generated: 7/29/2026 11:11 AM Page 6 This would result in a new total amount not to exceed $2,174,000, with future year funding contingent on Council budget approval.

4.E. Second Reading and Adoption of an Ordinance of the City of Santa Monica City Council to Amend the Text of the Zoning Ordinance to Exclude Certain Sites from Senate Bill (SB) 79 Implementation Until One Year Following the Adoption of the 7th Cycle (2029-2037) Housing Element
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.F. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending the Text of the Zoning Ordinance to Effectuate the Goals of the Realignment Plan, Including, but not limited to, Amendments to Maximize the Potential of City-Owned Sites in the Downtown Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.G. City Council - Special Meeting - Jul 17, 2026 9:00 AM

4.H. Adoption of a Resolution to Vacate and Quitclaim a Public Service Utility Easement for a Sewer Line Located within the Roosevelt Elementary School Campus - New Item Received. 7/22/2026
Recommended Action
Staff recommends that the City Council:

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

2. Adopt the attached resolution vacating the public service utility easement associated with a City-owned 8-inch sewer line, located between Alta Avenue and Montana Avenue, and traversing the Roosevelt Elementary School campus at 801 Montana Avenue, Santa Monica, California 90403 (APN 4280- 022-900); and

3. Authorize the City Manager to approve and execute a Quitclaim Deed with the Santa Monica-Malibu Unified School District (“District”) vacating a Public Service Easement for an 8-inch City-owned sewer line traversing through Roosevelt Elementary School campus.

4.I. Adoption of a Salary Resolution approving the new Salary's for the revised Clarification Series of Building Inspector I, Building Inspector II, Senior Building Inspector and Inspection Supervisor - New Item Received. 7/23/2026 City of Santa Monica Generated: 7/29/2026 11:11 AM Page 7 Recommended Action
Staff recommends that the City Council:

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

2. Adopt the salary resolution (Attachment A).

4.J. City Council - Regular Meeting - May 26, 2026 5:30 PM - New Item Received. 7/23/2026

4.K. City Council - Special Meeting - Jul 14, 2026 5:35 PM - New Item Received. 7/23/2026

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 # 24STCV08239; 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 (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; John Doe 71, et al. v. City of Santa Monica, et al., # 25STCV32120; John Doe 76 v. Roe 1, a public entity; et al., # 25STCV32032; John Doe 77 v. City of Santa Monica, et al., # 26STCV07769 City of Santa Monica Generated: 7/29/2026 11:11 AM Page 8

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):

Waymo, LLC v. City of Santa Monica, LASC # 25SMCV06541; City of Santa Monica et al. v. Waymo, LLC et al., LASC # 25SMCV06581; Santa Monica EV Holdings, LLC v. City of Santa Monica, LASC # 25MSCV06681

5.D. Conference with real estate negotiator - Gov. Code § 54956.8; City property:
portions of Parking Lot 4 South and portions of Beach Park 1, Santa Monica, California; City negotiator: Oliver Chi, City Manager; persons to be negotiated with: Anand Dawada for AD Media House LLC (India House); under negotiation: price and terms of payment of license - New Item Received. 7/23/2026

5.E. Conference with real estate negotiator - Gov. Code § 54956.8; City property:
portions of Parking Lot 4 South and portions of Parking Lot 5 South, Santa Monica, California; City negotiator: Oliver Chi, City Manager; persons to be negotiated with: Florian Gosch for Olympic Austria GmbH, Austrian Commercial Register No. FN 364261d (Austria House); under negotiation:
price and terms of payment of license - New Item Received. 7/23/2026

5.F. Conference with real estate negotiator - Gov. Code § 54956.8; City property:
portions of Parking Lot 4 South, portions of Parking Lot 5 South, and portions of Tongva Park, Santa Monica, California; City negotiator: Oliver Chi, City Manager; persons to be negotiated with: Manoela Penna for Brazil Olympic Committee (Brazil House); under negotiation: price and terms of payment of license - New Item Received. 7/23/2026

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
City of Santa Monica Generated: 7/29/2026 11:11 AM Page 9 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

11.A. Adoption of a Resolution Approving Membership in the Westside Cities Affordable Housing Trust (WSCAHT) Joint Powers Authority - New Item Received. 7/22/2026
Recommended Action
Staff recommends that the City Council:

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

2. Adopt a resolution approving the City’s membership in the Westside Cities Affordable Housing Trust (WSCAHT);

3. Authorize the City Manager, or designee, to execute the Joint Exercise of Powers Agreement establishing the WSCAHT; and

4. Appoint one (1) City Council member to serve as the City’s Director and one (1) City Council member to serve as the City’s Alternate Director on the Board of Directors of the Westside Cities Affordable Housing Trust.

11.B. Authorization to Enter into Certain Agreements and Provide Further Direction to Staff Related to a Housing Focused System of Care - New Item Received. 7/22/2026
Recommended Action
Staff recommends that the City Council consider and take the following actions:

1. Authorize the City Manager to negotiate and execute an agreement with the owner of The Palm Motel for the provision of rooms to operate interim stabilization housing for individuals and households who meet the Santa Monica Program Participant (SMPP) definition;

2. Authorize the City Manager to negotiate and execute an agreement with The People Concern for on-site operations and supportive services at The Palm Motel;

3. Authorize the City Manager to negotiate and execute an agreement with The Salvation Army to fund the activation of shelter beds and supportive services at the Bell Shelter;

4. Approve exceptions to competitive bidding ECB #496, #498498, and #500500 pursuant to Santa Monica Municipal Code Section 2.24.240(i), as further described in this report;

5. Direct staff to complete the Request for Expression of Interest (RFEI) process to identify additional non-congregate interim housing locations in and around City of Santa Monica Generated: 7/29/2026 11:11 AM Page 10 Santa Monica, and transition away from SaMoShel’s congregate style sheltering facility concurrent with the RFEI process;

6. Adopt a finding of statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.10(c);

7. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section. (Requires five votes)

11.C. Options for Increased Development Standards within the Expo/Bundy TransitOriented Development Zone to Qualify for Temporary Exclusion from Senate Bill (SB) 79 Implementation - New Item Received. 7/22/2026 Recommended Action
Staff recommends that the City Council Provide Direction on Increasing Development Standards for Residentially Zoned Parcels within One-Half Mile of the Metro E Expo/Bundy Station to Qualify the Expo/Bundy Transit-Oriented Development Zone to Allow for Exclusion from Senate Bill (SB) 79 Implementation Until One Year Following the Adoption of the 7th Cycle Housing Element.

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS

13.A. Planning Commission Recommendation Regarding Missing Middle Housing

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointments to seven seats on the new Restorative Justice Commission - Four seats available for terms ending June 30, 2030 and three seats available for terms ending June 30, 2028. The members first appointed shall so classify themselves by lot that the term of three members shall expire in 2028.

Thereafter, these seats would be for 4-year terms (continued from 07/14/2026) - New Item Received. 7/23/2026

16.B. Appointments to seven seats on the consolidated Housing & Human Services Commission with three 4-year terms ending on June 30, 2030, three 2-year terms ending on June 30, 2028, and one term ending on June 30, 2027 (continued from 07/14/2026) - New Item Received. 7/23/2026 City of Santa Monica Generated: 7/29/2026 11:11 AM Page 11

16.C. Annual Appointments to the following Boards and Commissions (Continued from 6/23/2026): - New Item Received. 7/23/2026
Board/Commission No. of
Seats
Term
End
Date
Special Requirements
Airport Commission 1
6/30/20
30 Resident of Santa Monica
(Term may be adjusted due to
Airport Conversion Project)
Architectural Review Board 2
6/30/20
30 Persons qualified to: analyze
architectural and
environmental
trends/information; appraise
resource uses per Municipal
Code; and be responsive to
needs of the community.

Experts in conservation,
recreation, design,
landscaping, the arts, urban
planning, cultural-historical
preservation, and ecological
and environmental science
Arts Commission 1
6/30/20
30 Reside or work in Santa
Monica and shall be actively
involved in the arts
Clean Beaches & Ocean Parcel
Tax Citizens Oversight
Committee
2 6/30/20
30 Resident of Santa Monica
Commission on Sustainability,
Environmental Justice and the
Environment
2 6/30/20
30 Reside or work in Santa
Monica and must have
significant expertise in one of
the following areas: Energy,
water, transportation,
stormwater, wastewater,
coastal issues, waste
reduction and public health,
land use and sustainable
development, public education
Disabilities Commission
1 6/30/20
30 Resident of Santa Monica who
self identifies with a disability
1 Resident of Santa Monica with
significant experience in the
disability community
City of Santa Monica Generated: 7/29/2026 11:11 AM Page 12 Downtown Santa Monica. Inc. 3
6/30/20
30 Directors shall be City
residents or persons who are
employed, own property or
hold business licenses in the
City of Santa Monica.

Housing Authority Board
1 6/30/20
28 Housing Choice Voucher
(Section 8) participant with a
voucher issued by the Santa
Monica Housing Authority
program
1 Housing Choice Voucher
(Section 8) participant with a
voucher issued by the Santa
Monica Housing Authority
program and be formerly
unhoused
L.A. County West Vector Control
District 1
6/30/20
30 Registered Santa Monica
voter
Landmarks Commission
1 6/30/20
30 Resident of Santa Monica over
the age of 18 and an architect
historian
1 6/30/20
30 Resident of Santa Monica over
the age of 18 with
demonstrated interest and
knowledge, to the highest
extent practicable, of local
history
1 6/30/20
30 Resident of Santa Monica over
the age of 18
Personnel Board 1
6/30/20
30 Either a resident of Santa
Monica, resident of Los
Angeles County that is
employed full-time within
Santa Monica, owns real
property in Santa Monica, or
has been issued a business
license by Santa Monica
Planning Commission 1
6/30/20
30 Resident of Santa Monica
Public Safety Reform and
Oversight Commission
1 6/30/20
27 Resident of Santa Monica
between the ages of 18 and
25 (Pending legislation) 1
6/30/20
29 City of Santa Monica Generated: 7/29/2026 11:11 AM Page 13 Recreation and Parks
Commission 2
6/30/20
30 Resident of Santa Monica
Santa Monica Library Board 2
6/30/20
30 Resident of Santa Monica
Santa Monica Pier Corporation 4
6/30/20
30 At least one shall be a resident
of Santa Monica, with the
remaining being residents or
persons who do business or
are employed in Santa Monica
Santa Monica Travel and
Tourism, Inc. 3
6/30/20
30 At least one shall be a resident
of Santa Monica

16.D. Recommendation to accept Michael Kirschbaum's resignation from the Personnel Board and authorize the City Clerk to publish the vacancy - New Item Received. 7/23/2026

16.E. Request of Councilmember Snell that the City Council authorize use of travel funds to cover travel costs of participating in the Vienna Social Housing Field Study program from September 13, 2026 - September 19, 2026. Vienna is considered one of the most livable and most importantly, affordable cities in the world and cities committed to creating housing opportunities for all are participating in this program - New Item Received. 7/23/2026

16.F. Request of Mayor Torosis, Mayor Pro Tem Zwick, and Councilmember Raskin to Affirm that there must be a replacement plan for Samoshel. We support the City’s efforts to preserve vital services currently being provided at the Palm Motel. We also support the replacement of the congregate housing model at Samoshel with other models of emergency shelter and interim housing that are better suited for the needs of our city and those exiting homelessness.

However, we do not support closing Samoshel without a further developed plan to replace its capacity. Consistent with this council’s commitment to equity and affirmatively furthering fair housing, we support a site selection process that excludes the Pico Neighborhood. We therefore ask our fellow councilmembers to join us in moving to direct staff to take all appropriate and necessary steps to effectuate this direction. - New Item Received. 7/23/2026

16.G. Request of Councilmembers Negrete and Snell and Mayor Torosis that the City Council approve waiving City fees not to exceed $16,950 and also approve $12,500 in Council discretionary funds to support the Butterfly Brawl, a boxing, charity and entertainment event on the Santa Monica Pier on August 22, 2026. Butterfly Brawl’s mission is to combine high-level boxing, entertainment, and philanthropy in support of cancer-related causes. This year, fundraising efforts will focus on the American Cancer Society that supports those affected by cancer. Councilmember’s portion of discretionary funds would be allocated as follows: $5,000 allocated from Councilmember Negrete, $5,000 from Councilmember Snell, and $2,500 from Mayor Torosis. - New Item Received. 7/23/2026
City of Santa Monica Generated: 7/29/2026 11:11 AM Page 14

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: July 28, 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

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, July 17, 2026 9:59 AM
To: Santa Monica Coalition
Subject: John Kobylt Show July 13, 2026

EXTERNAL
The John Kobylt Show - KFI AM 640 RE: Santa Monica
https://drive.google.com/file/d/1QA8XpZ9P_3bms5hNTaRYpb1kff6n9nqj/view?usp=sharing Thank you JOHN KOBYLT RADIO KFI AM 640
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 2 David Yakobson
From: Bruce Brown <[email protected]>
Sent: Friday, July 17, 2026 12:57 PM
To: Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Council Mailbox; councilmtgitems; Santa Monica City Manager's Office; Susan Cline; Peter James; [email protected]; Oliver Chi Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport

EXTERNAL
Dear Councilmember,
I am a Santa Monica resident and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.

Even though I do not live right next to the airport, it matters to me as part of what makes Santa Monica the city it is. We do not want an irreversible decision that can impact jobs, businesses, and city revenues that fund the services all of us rely on. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before any resident sees a benefit.

Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. That support is becoming more visible. At the most recent City Council meeting, 834 letters were submitted and 200 residents came forward to speak, reinforcing that many in the community believe we can have both meaningful open space and continued aviation use. Speakers highlighted the opportunity for Santa Monica to serve as a leader in clean air mobility, supporting innovation that benefits the entire city.

I hope the City will take the time to pursue solutions that preserve this important community resource while adding new public space and amenities for all Santa Monica residents.

Please listen to residents and avoid rushing toward closing the airport.

Thank you for your service to our community.

Sincerely,
Bruce F Brown
Sunset Park
Thank you, Bruce F Brown
[email protected]
Cell 310-351-5149
1333 Pine St.

Santa Monica, CA 90405
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 3 David Yakobson
From: John Alle <[email protected]>
Sent: Friday, July 17, 2026 2:57 PM
To: Santa Monica Coalition
Subject: Santa Monica ELECTION FRAUD

EXTERNAL
Santa Monica uses SMARTMATIC voting software, so YOUR ballot choices may be meaningless. SMRR (Santa Monicans For Rulers Rights) working with County workers, may believe their choices for City Council and School Boards are more intelligent than yours.

IG
https://www.instagram.com/reel/Da6C8KcyUzA/
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 4 David Yakobson
From: E B <[email protected]>
Sent: Monday, July 20, 2026 9:17 PM
To: councilmtgitems
Subject: Harassment

EXTERNAL
Hello,
I got a call out of the blue from Benson, a supervisor, in SM code enforcement. He said he just took over and was asking if my window in my apartment was fixed. I felt it odd because I did not recall a window being broken. After more information, the window was fixed over two years ago. Benson said he was following up and I said everything was fine. He then texted asking to say it was fixed. I did. Then he said he needs to inspect my unit. Then he said I need to take pictures. Then he said I need to send a video. Then he asked if I it was replaced or fixed. I told him I am done with all the questions via text. Can you tell him to stop harassing me? Why on earth is someone from code enforcement after TWO YEARS calling about.

Y window being fixed? This is a priority in SM? A window that I clearly told him was fixed TWO YEARS AGO and nothing further needs to be done. This is aggressive and unacceptable behavior. I would like to file a formal complaint against Benson in code enforcement. The then threatened me he will go through my landlord to get into my apartment. Seriously? He needs access to see that my window works like I already told him? He city is spending money, which we don’t have, so Benson can harass me in person? Eric Burns
310-462-7861
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 5 David Yakobson
From: E B <[email protected]>
Sent: Monday, July 20, 2026 9:19 PM
To: councilmtgitems
Subject: Harassment

Benson said he was following up and I said everything was fine. He then texted asking to say it was fixed. I did. Then he said he needs to inspect my unit. Then he said I need to take pictures.

Then he said I need to send a video. Then he asked if I it was replaced or fixed. I told him I am done with all the questions via text. Can you tell him to stop harassing me? Why on earth is someone from code enforcement after TWO YEARS calling about. Y window being fixed? This is a priority in SM? A window that I clearly told him was fixed TWO YEARS AGO and nothing further needs to be done. This is aggressive and unacceptable behavior. I would like to file a formal complaint against Benson in code enforcement. The then threatened me he will go through my landlord to get into my apartment. Seriously? He needs access to see that my window works like I already told him? He city is spending money, which we don’t have, so Benson can harass me in person?
Eric Burns
310-462-7861
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 6 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, July 21, 2026 10:48 AM
To: Santa Monica Coalition
Subject: This last Weekend

EXTERNAL
Listen to a homeless couple who have lived in and out of Santa Monica for 5 years...because they can. This conversation occurred the weekend of the World Cup Final. The 3rd Street Promenade, Downtown, and the Pier are still NOT SAFE at night, despite more outdoor events. SMPD is inconspicuous and too low profile. Safety Ambassadors and Police allow outdoor sleeping unless a tent is used. City Manager Oliver Chi and Mayor Caroline Torosis reply, "It's not a crime to be homeless." How about Santa Monica's neglect of public safety, its own crime against humanity?
Insta
https://www.instagram.com/reel/DbEAo5viKTw/?utm_source=ig_web_copy_link YouTube
https://youtu.be/ODd7xJR1arA
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 7 David Yakobson
From: Arthur Jeon <[email protected]>
Sent: Friday, July 24, 2026 11:55 AM
To: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick; Oliver Chi; councilmtgitems
Cc: Phil Brock; City of Santa Monica; Clerk Mailbox; Jeanette Gant; Micah Akerson; Erika Aklufi; Danielle Noble; Ramon Batista; [email protected]; Roberto Lucio; Thomas McLaughlin; Jose Rodriguez; Annette Farmer; Maryanne LaGuardia; Albin Gielicz; Alisha Brady; [email protected]; Arati Desai Wagabaza; Lori Brown; John Smith; John Alle; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; Elaine Golden-Gealer; Eric Sedman; Michele Aronson; [email protected]; Julia Ladd; Peter TRINH; Anuj Gupta; [email protected]; dominic gomez; Jenna Grigsby; Attorney Mailbox; [email protected]; Andrew Thomas (Downtown Santa Monica); [email protected]; Susan Cline; [email protected]; [email protected]; [email protected]; Attorney Mailbox; Jenna Grigsby; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Lauren Howland; [email protected]; [email protected]; [email protected]; [email protected]; Planning Commission Comments; [email protected]; [email protected]; councilmtgitems; [email protected]; [email protected]; [email protected]; [email protected]; Carlos Jaen; Brandon Capiro; [email protected]; Mario Fonda-Bonardi; Jing Yeo; [email protected]; Scott McGee; Gerardo Leyva; Ryan Gradle; Roy Brown; Frank Marnell; [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: Our Trees are Dying

EXTERNAL
Dear Council,
Our trees dying from a combination of a lack of water and beetle infestation on San Vicente is heartbreaking and infuriating.

California is no longer in drought, and Santa Monica has its own very expensively developed water source, so why are we sending our arborist out after the patients have died? And if we don’t have the water, why are we green lighting tens of thousands of new housing units?
Going forward, water starved trees are particularly susceptible and we should never let them deteriorate like this again. Utilize watering trucks Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 8 and institute a watering program that stays ahead of the crisis. Trees provide oxygen, clean the air of pollutants, keep us cooler, and are a visual balm for all, including day trippers visiting from the city. According to the article, they also provide 5.1 million dollars of ecosystem benefits.

Saving our tree canopy should be a bipartisan issue. Find the money, stay ahead of the game. This seems like a preventable tragedy on one of the grand and major entries into Santa Monica, a Mecca for runners and people taking walks.

And any ideological dreams of more trains terminating in Santa Monica should be fought tooth and nail, (a theory about killing the trees to make way for a train is making the rounds). What isn’t a conspiracy is that the importation of drug addicts mainlined into Santa Monica on the train every night is one of our biggest challenges. Let’s not compound it with dreams of trains down Wilshire or San Vicente.

Arthur Jeon
A preventable Tragedy
To help
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 9 David Yakobson
From: STEPHANIE STEINBERG <[email protected]>
Sent: Friday, July 24, 2026 7:32 PM
To: Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Council Mailbox; councilmtgitems; Santa Monica City Manager's Office; Susan Cline; Peter James; [email protected]; Oliver Chi Subject: RE: Agenda Item 1 - Please Listen to Customers on the Future of the Airport

EXTERNAL
Dear Council Member,
I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.

The Santa Monica Airport is a historic and valuable resource, and decisions about its future have implications beyond city boundaries. We do not want an irreversible decision that can impact jobs, businesses, and regional connectivity.

I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities.

Thank you for your service to the community.

Sincerely,
Steph Stein
Frequent traveler into SMO and JSX customer
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 10 David Yakobson
From: [email protected]
Sent: Saturday, July 25, 2026 11:25 AM
To: Econdevel Mailbox; Planning; [email protected]; Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman; councilmtgitems; Jennifer Taylor; Oliver Chi; Susan Cline; Peter James; Sandra Santiago; Sergio Ramirez; Lisa Parson; Lauren Howland; Melissa Spagnuolo; Attorney Mailbox; Lana Negrete; Dan Hall; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Big News for Santa Monica!!

EXTERNAL
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 12 Big news for Santa Monica!
We're excited to share a major step forward in the vision to transform the historic Santa Monica Civic Auditorium into a Santa Monica Global Conference Center—a world-class destination for conferences, entertainment, culture, and community events.

We're pleased to announce that Morphosis, the internationally acclaimed architecture firm founded by Pritzker Prize-winning architect Thom Mayne, has agreed to amend its Phase 1 proposal to provide three distinct design concepts for the site and has also agreed to cap reimbursable expenses at $2,500 during this initial phase.

Now we're asking the City of Santa Monica to invest $40,000 to fund the first phase of the feasibility study.

This isn't funding construction—it's funding the research needed to answer important questions:
膆 Is the project financially viable?
膆 What are the best design options?
膆 How could a conference center, hotel, and parking fit on the site? 膆 What economic benefits could it bring to local businesses, hotels, restaurants, and residents? The Civic Auditorium has been largely dormant for years. This study is an opportunity to explore whether it can once again become a landmark that serves our community while attracting visitors, businesses, conventions, and cultural events from around the world.

Imagine Santa Monica hosting international conferences, technology summits, arts festivals, and major nonprofit events—bringing new energy to downtown, supporting local businesses, creating jobs, and generating revenue that benefits our city.

This is just the beginning of the conversation, and community input will be an essential part of the process.

If you believe Santa Monica should explore bold ideas for the future of the Civic Auditorium, we'd love to hear your thoughts. Your support can help move this important first step forward.

What would you like to see at the Civic Auditorium site? #SantaMonica #CivicAuditorium #ConferenceCenter #EconomicDevelopment #SupportLocalBusiness #CommunityVision #DowntownSantaMonica
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 13 Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
On Jul 24, 2026, at 1:40 PM, [email protected] wrote:

Dear Economic Development and Planning Teams,
I am writing regarding the Santa Monica Civic Auditorium at 1855 Main Street. Seedlings Inc. has engaged Morphosis Architects for a focused Phase 1 Feasibility and Concept Visioning study to explore a Global Conference Center and live music venue concept on the site, with potential hotel, public space, and support amenities.

The Phase 1 scope includes zoning and capacity analysis, urban integration studies, two to three architectural concept options, and an investor-facing summary package. Total architectural fee is $150,000. We are seeking support for the initial 25% payment of $37,500 plus modest expenses (~$2,500) to commence the work.

Given the Civic’s status as a City-designated landmark and the City’s recent decision to broaden pathways for its revitalization, we believe this study can provide useful, independent architectural and urban analysis that supports the City’s goals for a distinctive, financially viable cultural and conference destination.

We would welcome the opportunity to brief you on the Morphosis engagement and explore whether the City can provide a letter of support, matching funds, or guidance on local or state resources that could help underwrite the first stage of this work.

I am available at your convenience. Thank you for your time and for your ongoing stewardship of this important civic asset.

Sincerely, Joe DiRosa Seedlings Inc. [email protected] 213-782-4352 Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 14 Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 15 David Yakobson
From: Miu miu Nme <[email protected]>
Sent: Sunday, July 26, 2026 1:08 AM
To: Caroline Torosis; Jesse Zwick; Lana Negrete; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Council Mailbox; councilmtgitems; Santa Monica City Manager's Office; Susan Cline; Peter James; [email protected]; Oliver Chi Subject: RE: Agenda Item 1 - Please Listen to Residents on the Future of the Airport

EXTERNAL
Dear Councilmember,
We have lived near the airport since 1964 my grandmother worked for and retired from McDonnell Douglas and it would be a tragedy to close our beloved Santa Monica airport ! It should have historical protection it is not replaceable we need to look at the importance of it and stop this absurd idea of a park In a city that already has a huge homeless problem and no funds to deal with half the issues we already have In our city, the thought of a giant open space that borders Los Angeles city will increase the homeless in our area by the hundreds if not more, additionally the traffic it will bring into all our neighborhoods would be far more of a health hazard as people sit with cars idling in traffic that is already unbearable at times. I am a lifelong Santa Monica resident who lives near the airport, directly in the flight path and I am writing because I strongly support keeping the Santa Monica Airport open while exploring ways to expand park space and community benefits.

As someone whose daily life is directly shaped by the airport and the surrounding area, I value the activity, jobs, and services it brings to our neighborhood. We do not want an irreversible decision that can impact the local businesses and livelihoods right outside our doors. A park-only option creates enormous costs for the City at a time when Santa Monica is already facing serious budget challenges, and would likely take many years and hundreds of millions of dollars before residents like me, the ones closest to the site, see any benefit.

Most importantly, a strong majority of Santa Monica voters support keeping the airport while still having park space and businesses. We are also seeing that support turn into action. At the most recent City Council meeting, 834 letters were submitted and 200 individuals showed up to speak in support of the airport, including residents who emphasized that Santa Monica does not have to choose between park space and aviation. There is a clear path to do both, while positioning the city as a hub for the clean air mobility movement already underway, bringing innovation, investment, and long-term benefits to the entire community.

I hope the City will take the time to pursue balanced solutions that preserve this important community resource while adding new public space and amenities for those of us who live nearby.

Please listen to residents and avoid rushing toward closing the airport.!! We need to keep our airport as it is the only thing that keeps LAX air traffic high above us and if it is removed then all the commercial traffic will be allowed to fly right over us the entire area will be like Inglewood it’s the noise and flight traffic on top of us !! People complain about the noise now? Just wait if sm airport closes it will be ten times worse, between the auto traffic and the LAX air traffic. We have parks that are not even used because people Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 16 feel unsafe due to the homeless issues at many of them. We live right by the airport and for those people that bought home in the last 100 plus years they were well aware of the airports existence they could have bought elsewhere if they were concerned of the noise. PLEASE PLEASE PLEASE KEEP SMO!!! Thank you for your service to our community and for taking the local residents future happiness and quality of life into consideration!
We need to preserve the history and character of our town, and remember that out with the old is not always best and NEW is not always better!
Sincerely,
Tammy C. And Pamela B.

Sunset park
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 17 David Yakobson
From: Karen Melick <[email protected]>
Sent: Sunday, July 26, 2026 7:47 AM
To: councilmtgitems; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; Barry Snell; Dan Hall; Ellis Raskin; Lana Negrete; Oliver Chi; Heidi von Tongeln Cc: Christopher Dishlip; Amber Richane
Subject: Agenda item #1 General Comments -What’s going on with the Santa Monica Airport Conversion Project?

EXTERNAL
What is going on with the Santa Monica Airport Conversion Project? Planning Process with Sasaki Moved Along on Schedule from March 2024 to July 2025 The Santa Monica Airport Conversion project contract with Sasaki started in March of 2024 and moved along quickly and on schedule through phases 1, 2 and 3A with many surveys, community engagement events and presentations.

Phase 3A ended with a presentation to the City Council on July 8, 2025 with the City Council directing the City staff to move forward with an LC compliant, all park scenario. Then the contracted project came to a screeching halt as far as the public and Recreation and Parks Commission could see.

The Last 3 Phases of the Sasaki Contract Should have been Completed by Now The plan and contract with Sasaki had the following 3 more phases and none of this work has been done:
 Phase 3b, lasting 4 months with community engagements regarding a preferred scenario and a presentation to the City Council in the Fall of 2025  Phase 4, lasting 3 months, was the team presenting the final scenario to City Council as the basis of the Proposed Project for the CEQA analysis occurring in the Winter 2025/26  Phase 5, lasting 2 months, was the Preferred scenario plan vision book with the Kickoff for the CEQA analysis in early 2026 The only information made public in the past year was a high-level Framework, not the deliverables from the original plan
After there being no community engagement from July 2025 to February 2026, in March and April the City staff did presentations to the Boards and Commissions on a Framework for the park, not a preferred scenario. There was also an online survey that ended April 26, 2026. The RPC was told the Framework would be presented for discussion and approval at the April 28, 2026 City Council meeting. That did not happen and it has yet to be rescheduled and it is 3 months later with another 3 months of no community engagement.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 18 How could the project plan and contract with Sasaki change so dramatically with no City Council review or community input on such an important project that has a specific deadline? It is now more than a year since you’ve heard anything on this project at a City Council meeting besides the great news of $10.5M in grant funding. Aren’t you concerned about that? As the ViceChair of the Recreation and Parks Commission, I am very concerned.

We are now over a year behind this original schedule
The original project schedule was put together to be able to start work on January 1, 2029. We should be working on the CEQA report now. After that there is still more planning, design work, RFPs and bid awards before work can start at the airport.

Lack of communications and moving the ball forward
Major concerns the City Manager and Council had with RPG and the Civic Auditorium ENA was their lack of communications and as Mayor Torosis was quoted as saying “haven’t seen us move the ball to the goal”. The City is now doing the exact same lack of communications and failure to make any visible progress. RPG only showed a high-level video, the City has only showed and not even officially to the Council yet, a high-level Framework.

Why wasn’t there a booth on the Airport Conversion Project at the State of the City event? The work on this project should not be distracted by the housing and airport advocates Both housing advocates and people wanting to keep the airport open are going to continue to fight to try to change the plan of making the space all park. The planning and design process needs to keep moving despite these distractions.

What is going on and what can be done to get this project back on track with community engagement so we can be prepared for shovels in the ground on January 1, 2029? Thank you for your time and consideration.

Karen Melick
Sunset Park
P.S. The May 26th, 2026 staff report said that if the parcel tax measure does not pass and the City decides to extend the Joint Use Agreement, staff would need to identify cost savings and service level reductions in this year’s 2026-27 budget. Revenue from the ballot measure if it passes will not begin until the 2027-28 fiscal year. The Joint Use Agreement doesn't expire until the end of this fiscal year. The ballot measure has no impact on this year’s budget. Any benefit from the parcel tax passing would begin with the 2027-28 budget.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 19 David Yakobson
From: Christine Ott <[email protected]>
Sent: Monday, July 27, 2026 1:12 AM
To: councilmtgitems; Council Mailbox; Clerk Mailbox
Cc: Attorney Mailbox; Housing Comments; HumanServices Mailbox; Lauren Howland; Tati Simonian
Subject: Fwd: EMERGENCY: Terminally Ill, Elderly and Disabled EHV Participant — Immediate Written Determination and Housing Continuity Plan Required — Christine Ott / EHV134

EXTERNAL
PUBLIC COMMENT — CITY COUNCIL SITTING AS THE SANTA MONICA HOUSING AUTHORITY I am submitting the emergency correspondence below for the public record and for distribution to every City Councilmember. I knowingly authorize public disclosure and online posting of this correspondence, including my name, address, voucher number, disabilities, terminal-illness status, and the harm described below. I want the public and elected officials to know that an elderly, disabled, terminally ill EHV participant has sought case-specific answers for approximately eight months without a meaningful response.

Please treat this as general public comment concerning the Santa Monica Housing Authority, disability access, EHV continuity, administrative nonresponse, and risk of homelessness. Please place it in the written public-comment record for the next appropriate City Council/Housing Authority meeting and provide written confirmation that it was received and distributed.

Christine Ott
---------- Forwarded message ---------
From: Christine Ott <[email protected]>
Date: Mon, 27 Jul 2026 04:07:42 -0400
Subject: EMERGENCY: Terminally Ill, Elderly and Disabled EHV Participant — Immediate Written Determination and Housing Continuity Plan Required — Christine Ott / EHV134 To: Kelly Phillips <[email protected]>, Santa Monica Housing Division <[email protected]>, Santa Monica Housing and Human Services <[email protected]>, Santa Monica Homelessness Prevention and Intervention <[email protected]>, HACSB Portability <[email protected]>, Housing Authority of the City of Santa Barbara <[email protected]>, HUD PIH Customer Service <[email protected]>, HUD FHEO Complaints <[email protected]>, HUD Disability Rights <[email protected]> Cc: Santa Monica Housing Mailbox <[email protected]>, Santa Monica 311 <[email protected]>, Andrea Fink <[email protected]>, Dulce Lopez <[email protected]>, Veronica Loza <[email protected]>, HUD Region IX Complaints <[email protected]>, HUD Answers <[email protected]>
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 20 This is an emergency escalation, a request for immediate supervisory review, and a disability-related request for written communication only.

My name is Christine Ott. I am an elderly, disabled, terminally ill Emergency Housing Voucher participant currently housed at 425 Broadway, Apartment 525, Santa Monica, California 90401. My voucher identifies my assistance as EHV134. I originally ported from the Housing Authority of the City of Santa Barbara to the Santa Monica Housing Authority.

I urgently need a case-specific written determination of which housing authority currently funds my assistance and what will happen to my housing when EHV funding ends. I cannot safely become homeless or be left without enough time to prepare. Because of my terminal illness, age, disabilities, autism, PTSD, hearing limitations, and difficulty communicating by telephone, uncertainty and prolonged nonresponse are causing severe emotional distress, autistic overload, loss of sleep, and substantial additional work.

DOCUMENTED NONRESPONSE AND CONTINUING HARM
Since January 1, 2026, I have sent at least 51 emails to my assigned Santa Monica Housing Specialist, Kelly Phillips, and numerous additional emails to Santa Monica Housing addresses. Ms. Phillips’s last substantive replies in my Gmail records were January 5 through January 7, 2026. The only later message from her was an automatic out-of-office response. I also personally delivered a substantial written package to Santa Monica Housing. I have received no meaningful case-specific response for approximately eight months.

I have repeatedly exercised protected rights by requesting disability accommodations and written communication, asserting VAWA protections, disputing voucher and rent calculations, requesting participant and public records, and reporting suspected housing discrimination and retaliation. The agencies receiving this email have actual notice of those protected activities through my prior correspondence and evidence submissions.

The prolonged failure to respond is causing present and continuing harm. It forces me to repeatedly research, reconstruct, resend, and document matters the responsible housing authorities should answer. It also prevents me from learning whether my rental assistance is secure and whether I must prepare for a possible loss of subsidy. This pattern raises serious concerns regarding retaliation, interference with protected rights, failure to provide effective disability-accessible communication, and administrative neglect.

IMMEDIATE WRITTEN DETERMINATIONS REQUIRED
Please provide the following in writing:

1. Identify the current initial/funding public housing agency and the current receiving/administrative public housing agency for my voucher.

2. State whether Santa Monica absorbed my portable voucher into its own program or is administering it under a billing arrangement with Santa Barbara.

3. Provide my current HUD-50058 Family Report and the current HUD-52665 portability form, including the program code, effective dates, billing status, and any absorption decision.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 21 4. Confirm whether my current assistance is coded as EHV, EHCV, regular HCV, Mainstream, Stability Voucher, or another program.

5. State the projected date on which EHV funding for my individual household will end, if it remains EHV-funded.

6. Provide the specific plan for transitioning or protecting my rental assistance without a gap, including every available priority or option based on my being elderly, disabled, terminally ill, formerly homeless, and a VAWA participant.

7. Confirm that no termination, reduction, interruption, transfer, or expiration of my assistance will occur without advance written notice, the factual and legal basis for the action, and all applicable review, grievance, hearing, accommodation, and appeal rights.

8. Assign a supervisor or responsible official who will communicate with me in writing and coordinate among Santa Monica, Santa Barbara, and HUD so I am not repeatedly sent from one agency to another.

9. Preserve all records relating to my portability, EHV funding, absorption or billing status, HAP payments, HUD-50058 records, HUD-52665 records, communications, accommodation requests, VAWA status, and transition planning.

REQUESTED RESPONSE TIME
Please acknowledge receipt and identify the responsible supervisor within two business days. Please provide the requested documents and substantive written determination within five business days. If additional time is genuinely required, state exactly what remains under review, who is responsible, and the date a complete response will be issued.

This is not a request for a general description of EHV rules. I need an individualized written answer concerning Christine Ott, voucher EHV134, and my current tenancy at 425 Broadway, Apartment 525.

HUD PIH and FHEO are asked to intervene and obtain a coordinated response if the two housing authorities do not promptly answer. Please also treat this message as notice of possible disability discrimination, retaliation, interference, and failure to provide effective written communication in a HUD-funded program.

REASONABLE ACCOMMODATION
Due to my disabilities, communicate with me by email in clear written language. Please do not require a telephone call as a condition of receiving information, assistance, review, or an accommodation.

Thank you,
Christine Ott
EHV134
425 Broadway, Apartment 525
Santa Monica, CA 90401
[email protected]
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 22 David Yakobson
From: John Alle <[email protected]>
Sent: Monday, July 27, 2026 8:31 AM
To: Santa Monica Coalition

EXTERNAL
Reality vs talk. Don't believe your lying eyes. LAPD Chief Jim McDonnell: Arrest individuals from nonprofits handing out drugs and drug paraphernalia. Urge the National Guard to come for as long as it takes to keep the park clean and drug-free. Level with your boss, Karen Bass, Nithya Raman (Chair of the Housing and Homelessness Committee), and Councilwoman Eunisses
Hernandez, who hand-pick nonprofits that counter your law enforcement efforts. Gangs, dealers and addicts return hours after your raids end. Children, residents, police officers, and paramedics face imminent danger.

Insta
https://www.instagram.com/reel/DbTOXEEiHs1/?utm_source=ig_web_copy_link YouTube
https://youtu.be/NcMDZf6CNHg
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: David Luce <[email protected]>
Sent: Sunday, July 19, 2026 12:09 PM
To: councilmtgitems
Subject: airport deception

EXTERNAL
Dear Council Members:

I am writing with increasing alarm about the airport 2028 closing date. I am getting daily Facebook posts arguing for keeping the airport open. These are constant deceptive posts about how city council or the federal government never approved closing the airport. Some of the posters appear to be bots. Some posts are arguing for fire safety. Some argue for the police and VIP helicopters for again public safety. (They do not follow the closing times and land and take off 24 hours a day.) Trump will still be in power and anything goes with him intervening and happy to stick it to liberal Santa Monica.

I looked carefully at the three proposals for the park and none really are no longer open space - a great park. They were designed -really over designed- for all the "stakeholders". Any low income housing or hotels may kill closing the airport. - That was not the 2014 vote. All of the three designs assumed that people constantly need cultural enrichment, entertainment and food.

The key to success is to research the great urban landscape designer Frederick Olmstead. His design for Central Park and and Manito Park in Spokane are awesome and even better footpaths between parts of the cities were in all of the plans. There was an Olmstead Brothers plan for Los Angeles in 1930! What would LA be like if that was built? The firm designed hundreds of different city plans.

Please be certain of the vast enormous power that will be used to keep the airport open, stall the closing and efforts to confuse the voters. Please be sure the far left will do its best to mess this up with housing and stakeholder pressure. And safe to assume sudden illegal actions by Trump to keep the airport open as a crucial fortress against terrorism, police support, civil unrest due to AI ....I am not joking. It will take everything you've got including ligation and exposing who is behind the pr campaigns to close the airport.

I lived in Santa Monica from 1988-2008. Currently I live in Mar Vista.

Thank you for your actions to close the airport over the years.

You may forward this email.

Sincerely,
David Luce
Professor ArtCenter College of Design happily retired
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: nealcassidy1234 <[email protected]>
Sent: Sunday, July 19, 2026 7:24 PM
To: councilmtgitems; Ellis Raskin; Jesse Zwick; Natalya Zernitskaya; Dan Hall; Barry Snell; Caroline Torosis; Lana Negrete; Oliver Chi; Josh Kurpies; Lizzy Acosta Subject: Fuck you all for NEVER responding. Re: Automatic reply: speeding cars and pedestrian's at risk and actually being hit by cars on Ocean Avenue

EXTERNAL
Sent with Proton Mail secure email.

On Friday, June 26th, 2026 at 2:26 PM, nealcassidy1234 <[email protected]> wrote:
excuse my language....but doesnt anyone in this city ever fucking respond? Sent with Proton Mail secure email.

On Thursday, June 18th, 2026 at 4:28 PM, nealcassidy1234 <[email protected]> wrote:

With regard to my email of yesterday re. crosswalks on Ocean Avenue at Washington and Idaho, below please find pictures of the city's recent placement of signs attempting to alert drivers tothe crosswalk. You will notice on of the signs is missing from the plastic pole.

Clearly this type of warning is ineffective and insufficient...as lots of near misses and several car v. pedestrian situations have and continue to occur. Please do something about this as soon as possible...before someone gets killed for simply taking a walk. Thank you.

Sent with Proton Mail secure email.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 2 On Wednesday, June 17th, 2026 at 2:13 PM, councilmtgitems <[email protected]> wrote:

Thank you for your email. Please be advised that this email will: 1) become part of the public record, 2) be filed with the City’s official records, and 3) be posted online
at smgov.net/council/agendas. Comments will not be
redacted and appear online as they are submitted.

If you plan to speak at the meeting and have an electronic presentation to show, please submit it to
[email protected] no later than 12 PM on
the day of the meeting.

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.

Thank you,
The City Clerk’s Office
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: [email protected]
Sent: Thursday, July 23, 2026 9:16 PM
To: Econdevel Mailbox; Planning
Cc: [email protected]; Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman; councilmtgitems; Jennifer Taylor; Oliver Chi; Susan Cline; Peter James; Sandra Santiago; Sergio Ramirez; Lisa Parson; Lauren Howland; Melissa Spagnuolo; Attorney Mailbox; Lana Negrete; Dan Hall; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

EXTERNAL
Dear Economic Development and Planning Teams,
I am writing regarding the Santa Monica Civic Auditorium at 1855 Main Street. Seedlings Inc. has engaged Morphosis Architects for a focused Phase 1 Feasibility and Concept Visioning study to explore a Global Conference Center and live music venue concept on the site, with potential hotel, public space, and support amenities.

I am available at your convenience. Thank you for your time and for your ongoing stewardship of this important civic asset.

Sincerely, Joe DiRosa Seedlings Inc. [email protected] 213-782-4352 Sincerely,
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 2 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 3 David Yakobson
From: [email protected]
Sent: Friday, July 24, 2026 1:41 PM
To: Econdevel Mailbox; Planning; [email protected]; Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman; councilmtgitems; Jennifer Taylor; Oliver Chi; Susan Cline; Peter James; Sandra Santiago; Sergio Ramirez; Lisa Parson; Lauren Howland; Melissa Spagnuolo; Attorney Mailbox; Lana Negrete; Dan Hall; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Cc: Attorney Mailbox
Subject: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

I am available at your convenience. Thank you for your time and for your ongoing stewardship of this important civic asset.

Sincerely, Joe DiRosa Seedlings Inc. [email protected] 213-782-4352 Sincerely,
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 4 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 5 David Yakobson
From: Jennifer Taylor
Sent: Monday, July 27, 2026 10:35 AM
To: [email protected]
Cc: [email protected]; Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman; councilmtgitems; Oliver Chi; Susan Cline; Peter James; Sandra Santiago; Sergio Ramirez; Lisa Parson; Lauren Howland; Melissa Spagnuolo; Attorney Mailbox; Lana Negrete; Dan Hall; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Econdevel Mailbox; Planning
Subject: RE: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)
Hello Joe,
Thank you for your interest in the SM Civic. We will let you know if there are future opportunities to collaborate with the City on this property.

Sincerely,
Jennifer Taylor
Economic Development Manager
(310) 458-8906
[email protected]
santamonica.gov
Facebook | Instagram
View our Most Loved Santa Monica Businesses of 2026!
From: [email protected] <[email protected]>
Sent: Thursday, July 23, 2026 9:16 PM
To: Econdevel Mailbox <[email protected]>; Planning <[email protected]> Cc: [email protected]; Shawn Landres <[email protected]>; Nina Fresco <[email protected]>; Jim Ries <[email protected]>; Josh Hamilton <[email protected]>; Leslie Lambert <[email protected]>; Peer Chacko <[email protected]>; Jacob Wasserman <[email protected]>; councilmtgitems <[email protected]>; Jennifer Taylor <[email protected]>; Oliver Chi <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; Sandra Santiago <[email protected]>; Sergio Ramirez Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 6 <[email protected]>; Lisa Parson <[email protected]>; Lauren Howland <[email protected]>; Melissa Spagnuolo <[email protected]>; Attorney Mailbox <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Natalya Zernitskaya <[email protected]>; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

I am available at your convenience. Thank you for your time and for your ongoing stewardship of this important civic asset.

Sincerely, Joe DiRosa Seedlings Inc. [email protected] 213-782-4352 Sincerely,
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 8 David Yakobson
From: [email protected]
Sent: Monday, July 27, 2026 10:49 AM
To: Jennifer Taylor
Cc: [email protected]; Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman; councilmtgitems; Oliver Chi; Susan Cline; Peter James; Sandra Santiago; Sergio Ramirez; Lisa Parson; Lauren Howland; Melissa Spagnuolo; Attorney Mailbox; Lana Negrete; Dan Hall; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Econdevel Mailbox; Planning; Brandon Welling; Arne Emerson Subject: Re: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

EXTERNAL
Jen,
Can you provide more information on the status of the Civic as I was under the impression that since Oakview Group and Live Nation’s exclusive negotiating period was over, the city was accepting proposals for the site. That is what the city officially released and I haven’t seen any city council actions that would establish any exclusive negotiating period.

Obviously, we are all thrilled at the opportunity for the Civic property to contribute to the community and hope for it to do so at its highest and best use that fits the economic and cultural standards of our wonderful community.

I view the city contributing to the study as more of a collaborative gesture and based off the fact that the funds of the study could be raised privately, I signed an agreement to move on with stage one of the study upon delivery of the payment to Morphosis.

I look forward to working with you and the city on delivering a wonderful new addition to the city! I appreciate the time and effort you and the city employees are putting into helping revive our wonderful city!
CC: Brandon Welling, Arne Emerson
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 9 Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 10 Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
On Jul 27, 2026, at 10:34 AM, Jennifer Taylor <[email protected]> wrote:

Hello Joe,

Thank you for your interest in the SM Civic. We will let you know if there are future opportunities to collaborate with the City on this property.

Sincerely,

Jennifer Taylor
Economic Development Manager
(310) 458-8906
[email protected]
santamonica.gov
Facebook | Instagram
View our Most Loved Santa Monica Businesses of 2026!

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 11 From: [email protected] <[email protected]>
Sent: Thursday, July 23, 2026 9:16 PM
To: Econdevel Mailbox <[email protected]>; Planning <[email protected]> Cc: [email protected]; Shawn Landres <[email protected]>; Nina Fresco <[email protected]>; Jim Ries <[email protected]>; Josh Hamilton <[email protected]>; Leslie Lambert <[email protected]>; Peer Chacko <[email protected]>; Jacob Wasserman <[email protected]>; councilmtgitems <[email protected]>; Jennifer Taylor <[email protected]>; Oliver Chi <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; Sandra Santiago <[email protected]>; Sergio Ramirez <[email protected]>; Lisa Parson <[email protected]>; Lauren Howland <[email protected]>; Melissa Spagnuolo <[email protected]>; Attorney Mailbox <[email protected]>; Lana Negrete <[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Caroline Torosis <[email protected]>; Jesse Zwick <[email protected]>; Natalya Zernitskaya <[email protected]>; [email protected]; [email protected]; marti [email protected]; [email protected]; [email protected]; tiffany@downtownsm. com; [email protected]
Subject: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

EXTERNAL

I am available at your convenience. Thank you for your time and for your ongoing stewardship of this important civic asset.

Sincerely, Joe DiRosa Seedlings Inc. [email protected] 213-782-4352

Sincerely,
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 12 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 13 David Yakobson
From: [email protected]
Sent: Monday, July 27, 2026 11:19 AM
To: Jennifer Taylor
Cc: [email protected]; Shawn Landres; Nina Fresco; Jim Ries; Josh Hamilton; Leslie Lambert; Peer Chacko; Jacob Wasserman; councilmtgitems; Oliver Chi; Susan Cline; Peter James; Sandra Santiago; Sergio Ramirez; Lisa Parson; Lauren Howland; Melissa Spagnuolo; Attorney Mailbox; Lana Negrete; Dan Hall; Ellis Raskin; Caroline Torosis; Jesse Zwick; Natalya Zernitskaya; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Econdevel Mailbox; Planning; Brandon Welling; Arne Emerson Subject: Re: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

EXTERNAL
When the city of Santa Monica ended the ENA w/ Live Nation, the key language was substantially along these lines: Decline to extend the Exclusive Negotiating Agreement (ENA) and direct staff to explore alternative options for the Civic site. The staff report recommended that, after terminating the ENA, staff be directed to: Assess the highest and best use of the Civic site. Analyze current constraints (historic preservation, parking, ADA, seismic issues). Evaluate alternative partnership opportunities. Study market conditions and funding strategies. Consider future development options beyond the exclusive negotiations with RPG.

The City's official press release was even more explicit After the vote, the City stated:
"The determination to end the ENA... allows the city to conduct a comprehensive study of current real estate and economic conditions, capital market trends, and other potential partnership opportunities..."
I feel this opportunity asks the city to do exactly what it voted to do but, with an award winning firm leading the charge!
I am excited for your response and to see a revived downtown! Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Joe DiRosa Founder, CEO
213-STAGE-LA
(213-782-4352)
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 14 Artist Series, Seedlings, Tartare, BrainPower [email protected] www.seedlings.vc
On Jul 27, 2026, at 10:48 AM, [email protected] wrote:

Jen,
Can you provide more information on the status of the Civic as I was under the impression that since Oakview Group and Live Nation’s exclusive negotiating period was over, the city was accepting proposals for the site. That is what the city officially released and I haven’t seen any city council actions that would establish any exclusive negotiating period.

I look forward to working with you and the city on delivering a wonderful new addition to the city!
I appreciate the time and effort you and the city employees are putting into helping revive our wonderful city!
CC: Brandon Welling, Arne Emerson
<SMGCC Infographic.png>
Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 15 [email protected]
www.seedlings.vc
On Jul 27, 2026, at 10:34 AM, Jennifer Taylor
<[email protected]> wrote:

Hello Joe,

Thank you for your interest in the SM Civic. We will let you know if there are future opportunities to collaborate with the City on this property.

Sincerely,

<image001.png>
Jennifer Taylor
Economic Development Manager
(310) 458-8906
[email protected]
santamonica.gov
Facebook | Instagram
View our Most Loved Santa Monica Businesses of 2026!

From: [email protected] <[email protected]>
Sent: Thursday, July 23, 2026 9:16 PM
To: Econdevel Mailbox <[email protected]>; Planning <[email protected]>
Cc: [email protected]; Shawn Landres
<[email protected]>; Nina Fresco <[email protected]>; Jim Ries <[email protected]>; Josh Hamilton <[email protected]>; Leslie Lambert <[email protected]>; Peer Chacko <[email protected]>; Jacob Wasserman
<[email protected]>; councilmtgitems
<[email protected]>; Jennifer Taylor
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 16 <[email protected]>; Oliver Chi <[email protected]>; Susan Cline <[email protected]>; Peter James <[email protected]>; Sandra Santiago <[email protected]>; Sergio Ramirez <[email protected]>; Lisa Parson <[email protected]>; Lauren Howland <[email protected]>; Melissa Spagnuolo <[email protected]>; Attorney Mailbox
<[email protected]>; Lana Negrete
<[email protected]>; Dan Hall <[email protected]>; Ellis Raskin <[email protected]>; Caroline Torosis
<[email protected]>; Jesse Zwick <[email protected]>; Natalya Zernitskaya
<[email protected]>; [email protected]; laura@downtow nsm.com; [email protected]; [email protected]; michael@downtown sm.com; [email protected]; [email protected]
Subject: Feasibility Study Support – Santa Monica Civic Auditorium Revitalization (Morphosis Phase 1)

I am available at your convenience. Thank you for your time and for your ongoing stewardship of this important civic asset.

Sincerely, Joe DiRosa Seedlings Inc. [email protected] 213-782-4352 Sincerely,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Joe DiRosa
Founder, CEO
Artist Series, Seedlings, Tartare, BrainPower
213-STAGE-LA
(213-782-4352)
[email protected]
www.seedlings.vc
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: Sean Ahaus <[email protected]>
Sent: Sunday, July 26, 2026 11:28 AM
To: Council Mailbox; councilmtgitems
Subject: California Roadhouse Invites the Santa Monica City Council to the Negotiating Table

EXTERNAL
Let’s Work Together to Reopen 256 Santa Monica Pier and Bring Jobs, Live Music, and New Energy Back to the Santa Monica Pier.

Dear Mayor and City Council Members,
I respectfully invite you to join me in open dialogue and good-faith negotiations so that, together, we may reach an agreement to reopen 256 Santa Monica Pier.

For too long, 256 Santa Monica Pier has remained vacant, costing jobs, revenue, and opportunity.

Before this prolonged vacancy, the Santa Monica Pier Corporation—and later the Santa Monica City Council—conducted a competitive selection process that attracted more than 100 inquiries, resulted in nine proposals, and included approximately nine months of due diligence. As a result of this meticulous process, they unanimously selected California Roadhouse as the new tenant for the Santa Monica Pier.

During the full public evaluation and selection process, City Council members concluded that California Roadhouse’s final proposal presented the best restaurant and live entertainment concept, the best food and beverage program, the best offer, the best operator, and the City’s best opportunity to revitalize the Santa Monica Pier, preserve jobs and economic activity, and promote long-term economic growth.

Over the course of four public hearings, more than 100 supporters turned out in support of California Roadhouse and its founder, Sean Ahaus. Dozens of speakers testified to Sean Ahaus’s proven ability to successfully operate large hospitality venues and to his exceptional honesty, integrity, and character. We remain grateful for that vote of confidence and believe that, by working together, we can fulfill the vision that inspired that unanimous decision.

California Roadhouse has always been committed to offering employment opportunities to former Pier restaurant workers while creating new jobs for the Santa Monica community. Our vision includes bringing live music back to the Pier, creating opportunities for local artists and musicians, and creating a welcoming gathering place for great food, exceptional beverages, and memorable experiences.

We share far more common goals than differences.

If we move forward together, we would welcome the opportunity to begin hosting community pop-up events featuring local artists, live music, great food, and exceptional beverages while building momentum toward reopening California Roadhouse.

California Roadhouse respects workers’ legal rights. We believe employees should remain free to decide for themselves whether to be represented by a union, free from coercion or undue interference. That has Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 2 always been our position. Our commitment remains to respect workers’ rights, create jobs, and build a successful business that benefits workers, visitors, and the Santa Monica community.

Our goal has always been open dialogue, good-faith negotiation, and resolution—not litigation. Any references to legal action were intended only to preserve our legal rights should litigation become necessary as a last resort.

Before concluding our differences are irreconcilable, we owe it to the workers, the Santa Monica Pier, and the Santa Monica community to determine whether those differences arise from genuine disagreement or simply an incomplete understanding of one another’s perspectives. We believe the best way to answer that question is through an open and honest conversation.

If supporting workers, creating jobs, bringing live music back to the Pier, and strengthening the Santa Monica community are goals we share, then let us work together and begin dialogue to achieve them.

Every member of the City Council already has my direct cell phone number, and I hope you’ll use it. I welcome the opportunity to speak and meet with you personally so we can better understand one another, identify common ground, and work toward a resolution that benefits workers, artists, musicians, local businesses, visitors, and Santa Monica.

I remain optimistic that a mutually beneficial resolution is possible and would welcome the opportunity to begin that conversation.

Thank you for your time and consideration. I sincerely hope to hear from you soon and look forward to working together for the benefit of the Santa Monica Pier and the Santa Monica community.

Respectfully yours,
Sean Ahaus
Founder
California Roadhouse
256 Santa Monica Pier
Santa Monica, CA 90401
www.CaRoadhouse.com
[email protected]
The strongest communities are built when our leaders prioritize conversation, mutual understanding, and collaboration.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: Clarence McDowell <[email protected]>
Sent: Monday, July 27, 2026 2:32 PM
To: councilmtgitems
Cc: Council Mailbox; Santa Monica City Manager's Office; Romy Ganschow; Attorney Mailbox; Consumer Mailbox
Subject: Public Comment Submission — July 28, 2026 Council Meeting — Case No. 25- COM-1882 / HD-11536 / Permit No. 26BLD-0578
Attachments: McDowell_Council_Handout_072826_FINAL_Complete.pdf

EXTERNAL
Dear City Clerk's Office,
I intend to speak during public comment at the July 28, 2026 City Council meeting regarding Case No. 25- COM-1882, HD-11536, and Permit No. 26BLD-0578. Specifically, I will address City officials' actual knowledge of a fabricated relocation document submitted on June 15, 2026, and the City's continued suspension of city-ordered per diem relocation benefits without a completed comparability determination.

Attached is a written handout I plan to distribute at the meeting for the official record, including the underlying exhibits: the June 15, 2026 fabricated document, the City's own stamped-approved relocation plan, and the City's Public Records Act response confirming the fabrication (Ref. R041905-061726).

Please confirm receipt and let me know if any additional formatting or advance submission steps are required to ensure this is entered into the record alongside my public comment.

Respectfully,
Clarence & Victoria McDowell
1011 Pico Blvd., Unit 7, Santa Monica, CA 90405
--
Best Regards,
Clarence McDowell
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) PUBLIC COMMENT HANDOUT — CITY COUNCIL MEETING, JULY 28, 2026
Submitted by Clarence & Victoria McDowell — 1011 Pico Blvd., Unit 7, Santa Monica, CA 90405

CASE REFERENCE
Case No. 25-COM-1882 | HD-11536 | Permit No. 26BLD-0578 | Property: 1011 Pico Blvd., Unit 7 | Property Manager:

Howard Management Group (Fillip Shaposhnik)
QUICK REFERENCE FOR BUSY READERS — If you only have 60 seconds: See p. 15 (fabricated Attachment A, dated June 15, switching to Comparable Housing with no return date) vs. p. 22 (the City's own stamped-approved Attachment A dated 04/21/26, showing Per Diem only) — and p. 25 (the City's own written confirmation that the June 15 document was never submitted, received, or approved).

SUMMARY OF THE ISSUE
On June 15, 2026, Howard Management emailed City staff a document purporting to be an amended relocation plan for Permit No. 26BLD-0578. Five named City employees — in Code Enforcement, Building & Safety, and the City Attorney's Office — received this document the same day it was circulated. A subsequent California Public Records Act request (Ref.

R041905-061726) forced the City's own Building Safety Division to confirm, in writing, that the document was never submitted, never received, and never approved. No City office has since acknowledged the fabrication, opened an investigation, or corrected the record in writing.

KEY TIMELINE
Date Event
Feb 19, 2026 HD-11536 issued; unit found uninhabitable; per diem relocation benefit ordered.

Feb 25, 2026 Only City-approved Relocation Plan on file (Per Diem) signed by property manager.

Jun 15, 2026 Fabricated relocation document emailed to tenant and 5 City staff members.

Jun 17, 2026 CPRA request filed (Ref. R041905-061726) asking City to verify the document.

Jun 29, 2026 City's Building Safety Division confirms in writing: not submitted, not received, not approved.

Jul 13, 2026 Formal Referral for Investigation filed with City Attorney and Building Safety.

Jul 17-21, 2026 City Attorney and Code Enforcement respond on per diem/comparability but do not address fabrication.

Jul 25, 2026 No investigation opened; no written correction issued; per diem balance continues to accrue.

LAWS IMPLICATED
• California Penal Code § 115 — offering a false or forged instrument for filing in connection with a City permit. • California Civil Code § 1942.5 — using a fabricated document to withhold a statutory relocation benefit. • SMMC § 4.56 — tenant harassment through institutional inaction on a known fabricated submission. • SMMC § 8.100.030(b) — no written amendment process was ever completed for the relocation plan. • SMMC § 8.04.020(a) — Building Officer authority/duty to act on permit file integrity issues.

OUR REQUEST TO COUNCIL

1. Direct the City Manager and City Attorney to confirm in writing what administrative action, if any, has been taken on the June 15, 2026 fabricated document.

2. Direct Building & Safety/Code Enforcement to clarify their duty to verify document authenticity when a submission conflicts with the official permit record.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments)

3. Refer this specific incident to Risk Management given potential City liability for negligent enforcement under the Government Claims Act.

4. Reinstate suspended per diem payments immediately, consistent with Code Enforcement's own written admission that no lawful comparability determination was ever completed for the disputed periods.

EXHIBIT INDEX
Exhibit Description Page
A Email transmission of the June 15, 2026 fabricated relocation document 2 B The fabricated Means & Methods Plan / Attachment A (undated acceptance fields, invented Comparable Housing period) 9 C The City's own stamped, approved Means & Methods Plan / Attachment A dated 04/21/26 (Per Diem only) 16 D City's Public Records Act response confirming the June 15 document was never submitted, received, or approved 24 Full documentary record (CPRA confirmation, referral letters, correspondence log) available upon request. Contact: Clarence McDowell, 310-291-4468, [email protected]. This handout is submitted for the record and does not waive any rights under SMMC Chapters

4.36, 4.56, 4.28, 8.100, California Civil Code §§ 1941, 1942, 1942.4, 1942.5, or California Penal Code § 115.

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Attachment: Written Comments [Revision 2] (7849 : Written Comments) Exhibit A - Email Transmission Of False Information
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox <[email protected]>
Hi Clarence,
Your email has been received. I conƟnue to wait for a response from Laura and Maurice.

I emailed Maurice earlier today.

Best,
Fillip Shaposhnik
Office Admin.
310-313-0065 (O)
Office Hours:

Mon.-Thur. 9am-4pm & Fri. 9am-12pm
[email protected]
11325 W. Washington Blvd.

Los Angeles, CA. 90066
ALL CLIENT RIGHTS RESERVED.

CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. Thank you.

From: Clarence McDowell <[email protected]>
Sent: Friday, June 12, 2026 1:43 PM
To: Fillip Shaposhnik <[email protected]>
Cc: Joseph Manning <[email protected]>; Victoria McDowell (Isis) <[email protected]>; Maurice Cochee <[email protected]>; Laura Campos <[email protected]>; Romy Ganschow <[email protected]>; Jing Yeo <[email protected]>; Consumer Mailbox <[email protected]> Subject: Formal Demand — Proof of Delivery: Approved Means and Methods Plan & RelocaƟon Plan | Permit No. 26BLD-0578 | 1011 Pico Blvd., Unit 7 | Case No. 25-COM-1882 | HD-11536 | CESWO-1153 [Quoted text hidden]
Clarence McDowell <[email protected]> Fri, Jun 12, 2026 at 2:21 PM To: Fillip Shaposhnik <[email protected]>
Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy 6/15/26, 5:55 PM Gmail - Formal Demand — Proof of Delivery: Approved Means and Methods Plan & Relocation Plan | Permit No. 26BLD-0578 | 101… https://mail.google.com/mail/u/0/?ik=be1838aeb7&view=pt&search=all&permthid=thread-a:r2243554954167512987&simpl=msg-a:r22452074373841… 9/14 Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox <[email protected]>
Filip,
Thank you for your reply, but waiting for Mr. Cochee has nothing to do with our request to provide the information. Permit No. 26BLD-0578 requires you to notify us as tenants prior to permit issuance on April 21, 2026 Therefore, we again request that you send copies of all required notices you sent us along with proof of deleivery and the following:

1. City-Approved Means and Methods Plan — Basic and Supplemental Plans Provide a complete copy of the City-approved Basic Construction Means and Methods Plan and the Supplemental Means and Methods Plan for Permit No. 26BLD-0578, signed by Hector Garcia / Most Valuable Restoration LLC and accepted by the City of Santa Monica, as required to be delivered to all affected tenants under SMMC §

8.100.040(a).

2. City-Approved Relocation Plan (Attachment A to Permit No. 26BLD-0578) Provide a complete copy of the City-stamped and approved Relocation Plan—Attachment A to Permit No. 26BLD-0578—signed by you, Filip Shaposhnik, on February 25, 2026, and stamped approved by the City of Santa Monica Building Department on April 21, 2026, as required to be provided to affected tenants under SMMC § 8.100.030 and § 8.100.040(a).

3. Proof of Delivery Submitted to the City: Provide a complete copy of the Meansand Methods Plan Proof of Delivery form and any associated certified mail receipts, hand-delivery acknowledgments, or Cityaccepted electronic delivery confirmation that you submitted to the City's Building and Safety Division at [email protected] with subject line "MMP Proof of Delivery," as required under SMMC §

8.100.040(a) for Major Plan Review projects before construction may commence.

Best,
Clarence
[Quoted text hidden]
Fillip Shaposhnik <[email protected]> Mon, Jun 15, 2026 at 3:46 PM To: Clarence McDowell <[email protected]>
Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox <[email protected]>
Hi Clarence,
Please see the aƩached Means and Methods Plan & RelocaƟon Plan.

Best,
Fillip Shaposhnik
Office Admin.
310-313-0065 (O)
Office Hours:

Mon.-Thur. 9am-4pm & Fri. 9am-12pm
[email protected]
11325 W. Washington Blvd.

Los Angeles, CA. 90066
6/15/26, 5:55 PM Gmail - Formal Demand — Proof of Delivery: Approved Means and Methods Plan & Relocation Plan | Permit No. 26BLD-0578 | 101… https://mail.google.com/mail/u/0/?ik=be1838aeb7&view=pt&search=all&permthid=thread-a:r2243554954167512987&simpl=msg-a:r2245207437384… 10/14 y y p y, g g q p Permit
No. 26BLD-0578 reqy y uires you to notify us as tenants prior to permit issuance on April 21, 2026 Therefore, we again pp , , g request that you send copies of all required notices you sent us along with proof of deleivery p q y gp y and the following:

Hi Clarence,
Please see the aƩached Means and Methods Plan & RelocaƟon Plan.

Best,
Fillip
Fillipp Sha oshnik <[email protected]> Mon, Jun 15, 2026 at 3:46 PM To: Clarence McDowell <[email protected]>
Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, p g g@ y , ( ) @g Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy @ g , p p@ g , Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox y@ <[email protected]>
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) ALL CLIENT RIGHTS RESERVED.

From: Clarence McDowell <[email protected]>
Sent: Friday, June 12, 2026 2:21 PM
To: Fillip Shaposhnik <[email protected]>
Cc: Joseph Manning <[email protected]>; Victoria McDowell (Isis) <[email protected]>; Maurice Cochee <[email protected]>; Laura Campos <[email protected]>; Romy Ganschow <[email protected]>; Jing Yeo <[email protected]>; Consumer Mailbox <[email protected]> Subject: Re: Formal Demand — Proof of Delivery: Approved Means and Methods Plan & RelocaƟon Plan | Permit No. 26BLD-0578 | 1011 Pico Blvd., Unit 7 | Case No. 25-COM-1882 | HD-11536 | CESWO-1153 [Quoted text hidden]
U64871E9X116542_06152026_154539_049382.pdf
10653K
Clarence McDowell <[email protected]> Mon, Jun 15, 2026 at 4:22 PM To: Fillip Shaposhnik <[email protected]>
Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox <[email protected]>
Filip,
Thanks, is this the plan you submitted with the permit application? C
[Quoted text hidden]
Clarence McDowell <[email protected]> Mon, Jun 15, 2026 at 4:31 PM To: Fillip Shaposhnik <[email protected]>
Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox <[email protected]>
Filip,
6/15/26, 5:55 PM Gmail - Formal Demand — Proof of Delivery: Approved Means and Methods Plan & Relocation Plan | Permit No. 26BLD-0578 | 101… https://mail.google.com/mail/u/0/?ik=be1838aeb7&view=pt&search=all&permthid=thread-a:r2243554954167512987&simpl=msg-a:r2245207437384… 11/14 U64871E9X116542_06152026_154539_049382.pdf
Filip,
Thanks, is this the plan you submitted with the permit application? C
Filip,
Clarence McDowell <[email protected]> Mon, Jun 15, 2026 at 4:22 PM To: Fillip p p@ g Shaposhnik <[email protected]> Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, p g g@ y , ( ) @g Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy @ g , p p@ g , Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox y@ <[email protected]>
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) To avoid further confusion, please send us copies of the certified letter with return receipt that includes both the relocation and means & method plans you just emailed. This will ensure we have a clear record of what you submitted to the City with the permit application.

If what you sent differs, please let me know and send me copies of the relocation/methods & means plans that were submitted to and approved by the City with the permit.

Best,
Clarence & Vicki
[Quoted text hidden]
Clarence McDowell <[email protected]> Mon, Jun 15, 2026 at 5:55 PM To: Fillip Shaposhnik <[email protected]>
Cc: Joseph Manning <[email protected]>, "Victoria McDowell (Isis)" <[email protected]>, Maurice Cochee <[email protected]>, Laura Campos <[email protected]>, Romy Ganschow <[email protected]>, Jing Yeo <[email protected]>, Consumer Mailbox <[email protected]>
Filip,
We acknowledge receipt of your June 15, 2026 email and the attached documents. After review, the documents you provided do not satisfy our formal demand of June 12, 2026. We identify the following specific, material deficiencies:

DEFICIENCY NO. 1 — DOCUMENTS ARE DATED TODAY, NOT APRIL 21, 2026 The Basic MMP, Supplemental MMP, and Attachment A (Relocation Plan) you provided are each signed and dated June 15, 2026 — today. The demand required the City-stamped and City-approved plans submitted with Permit No. 26BLD0578, approved by the City of Santa Monica Building Department on April 21, 2026. The "MMP Accepted on" and "MMP Accepted by" signature fields on both the Basic Plan and the Supplemental Plan are completely blank. Documents dated today and bearing no City acceptance signature are not the City-approved plans required under SMMC § 8.100.040(a).

They raise the serious question of whether new plans were created today rather than the permit-era originals being produced.

Please confirm in writing: Are the documents you sent today the identical plans that were submitted to and accepted by the City with Permit No. 26BLD-0578 on or before April 21, 2026? If not, produce the originals with the City's acceptance date and signature immediately.

DEFICIENCY NO. 2 — PLAN REVIEW LEVEL CHECKBOX IS BLANK
The Basic MMP form requires identification of plan review level: Same Day, Minor, Medium, or Major. All four boxes are unchecked in the documents you provided. Permit No. 26BLD-0578 is subject to Major Plan Review. This designation is not optional — it governs the entire delivery timeline and proof-of-delivery obligation under SMMC § 8.100.040(a). A plan with no plan review level checked is facially incomplete and was not in the form required for City acceptance.

DEFICIENCY NO. 3 — SECTION 5 (RELOCATION) IS UNCHECKED
Section 5 of the Basic MMP requires the applicant to check either Box 5a (tenant will be temporarily relocated — complete Attachment A) or Box 5b (no tenant will be relocated). In the documents you provided, neither box is checked.

This is directly contradicted by your own Attachment A, which shows three relocation periods for Unit 7. A plan with a blank relocation selection is internally inconsistent and materially defective.

DEFICIENCY NO. 4 — DUST AND NOISE MITIGATION SECTIONS ARE ENTIRELY BLANK 6/15/26, 5:55 PM Gmail - Formal Demand — Proof of Delivery: Approved Means and Methods Plan & Relocation Plan | Permit No. 26BLD-0578 | 101… https://mail.google.com/mail/u/0/?ik=be1838aeb7&view=pt&search=all&permthid=thread-a:r2243554954167512987&simpl=msg-a:r2245207437384… 12/14 To avoid further confusion, please send us copies of the certified letter with return receipt that includes both the relocation ,p p p and means & method plans you just emailed. This will ensure we have a clear record of what you submitted to the City p with the permit application.

If what you sent differs, please let me know and send me copies of the relocation/methods & means plans that were y, p submitted to and approved by the City with the permit.

Best,
Clarence & Vicki
g Are the documents you sent today the identical plans that were submitted to and yy p accepted by the City with Permit No. 26BLD-0578 on or before April 21, 2026? A
g py , After review, the documents you ,
provided do not satisfy our formal demand y of June 12, 2026. We identify the following specific, material deficiencies Item 1
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) Sections 4h (Dust Reduction Systems) and 4i (Noise Control) each require the applicant to check applicable mitigation measures. In the documents provided, every checkbox in both sections is unchecked — for a mold remediation project involving insulation replacement, drywall repair, and carpeting. A plan with no dust or noise mitigation measures identified should not have been accepted by the City and does not satisfy the form requirements of SMMC Chapter 8.100.

DEFICIENCY NO. 5 — THE SUPPLEMENTAL MMP PERMIT NUMBER FIELD IS BLANK The Supplemental Means and Methods Plan header requires the permit number to be entered. In the document you provided, the permit number field is blank. The plan cannot be identified as the approved Supplemental MMP for Permit No. 26BLD-0578 without that field completed.

DEFICIENCY NO. 6 — PROOF OF DELIVERY (ITEM 3 OF DEMAND) REMAINS ENTIRELY UNPRODUCED Our demand of June 12, 2026 required three items. You have produced (defective) versions of Items 1 and 2. Item 3 — Proof of Delivery submitted to the City — has not been produced at all. Specifically, you have not provided:

The completed MMP Proof of Delivery form;
Any certified mail receipt, hand-delivery acknowledgment, or City-accepted electronic delivery confirmation; or Any evidence of submission to [email protected] with subject line "MMP Proof of Delivery," as required under SMMC § 8.100.040(a) for Major Plan Review projects before construction may commence. This is the threshold condition for lawful construction commencement, and it remains entirely unsatisfied.

DEFICIENCY NO. 7 — THE RELOCATION PLAN CONFIRMS NO END DATE FOR THE PER DIEM OBLIGATION We note for the record that your own Attachment A, as produced today, lists three relocation periods for Unit 7. Period 3 — beginning March 16, 2026, with Per Diem checked — lists the Anticipated Return Date as "N/A." There is no return date. There is no termination of the per diem obligation on the face of the document you have produced. This confirms, in Howard Management's own submission, that no written end date for the per diem obligation has ever been established, and the obligation continues to accrue at $473.00 per night through the date a valid written lifting order is simultaneously served on us.

WHAT IS NOW REQUIRED — REVISED DEADLINE
Notwithstanding the partial production today, the June 19, 2026 deadline in our formal demand remains in effect. To satisfy that demand, you must provide by Friday, June 19, 2026:
ᇄ. The original City-stamped and City-accepted Basic MMP and Supplemental MMP for Permit No. 26BLD-0578, bearing the Building Department's acceptance date and signature — not documents dated June 15, 2026 with blank acceptance fields;

2. The original City-stamped and City-approved Relocation Plan (Attachment A) as signed on February 25, 2026 and stamped approved on April 21, 2026; and

3. The Proof of Delivery — the completed MMP Proof of Delivery form and all associated delivery confirmation evidence submitted to the City's Building and Safety Division at [email protected] with subject line "MMP Proof of Delivery."
Failure to produce these documents by June 19, 2026 will be treated as a confirmed admission of the four points set forth in our June 12, 2026 demand letter, and will be submitted as evidence in all pending and forthcoming administrative, civil, and criminal proceedings.

All rights and remedies are expressly reserved under SMMC Chapters 4.36, 4.56, and 8.100 and California Civil Code §§ 1941–1942.5.

Respectfully,
Clarence and Victoria McDowell
1011 Pico Blvd., Unit 7 | Santa Monica, CA 90405
(310) 291-4468 | [email protected]
[Quoted text hidden]
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) Exhibit B - Email Attachment U64871E9X116542_06152026_154539_049382.pdf Containing False Methods and Means / Relocation Plans
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Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: JD F <[email protected]>
Sent: Monday, July 27, 2026 2:39 PM
To: councilmtgitems
Subject: July 18th, 2026 5:30 pm Meeting, Public Comment Attachments: B3CD70FC-E0F6-4044-BD7F-94205891D2C0.jpeg; 67C7577E-7BD9-49E1-832DE3891C984BE5.jpeg; B43D1666-3F3F-4898-B757-09E4861AAC75.jpeg

EXTERNAL
Hello, I am Johnathan Foster, if there is 2 minutes given at this meeting I will use these pics. If 1 minute, I will have to try at another meeting.

Let me know if these photos are too big, I will call in a while to see if you got this, I know everyone is busy.

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Packet Pg. 125 Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: Bonnie Johnstone <[email protected]>
Sent: Monday, July 27, 2026 5:10 PM
To: councilmtgitems
Subject: Homeless, shelters.SMPP

EXTERNAL
Hi All,
After reading the SMDP article re "SMPP" placing of limits my thought was and deep concern is: Will people who have been homeless for less than 3 years be given low(er) priority?? Hopefully not!!
Even 3 days on the streets is too much! Please include in the plans housing anyone who is without!
Thanks. Bonnie Johnstone
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Packet Pg. 126 Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: Teri D Bernstein <[email protected]>
Sent: Monday, July 27, 2026 8:35 PM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; Santa Monica City Manager's Office Cc: [email protected]
Subject: General Public Input: Please Institute a requirement that Staff Reports be given under Oath

EXTERNAL
Dear Councilmembers,
Many of the problems and lack of trust between the residents of Santa Monica and the actions of the City and the Council could be assuaged if the City Council were to institute a policy of Staff Reports being given under Oath, and under Penalty of Perjury.

The citizens actually have an expectation that Staff should be working for them, the residents of the City.

Residents expect that City officers and City Staff should be telling:
 The Truth
 The Whole Truth (including sources of the material presented)  Nothing but the Truth
 Under Penalty of Perjury
...whenever addressing any of the many important concerns that are brought to the Council.

This attestation would have the added advantage of giving you as Councilmembers more confidence in the information you have to vote on.

The District Attorney could then bring charges under Penal Code 118 for perjury--an easier process than what could be brought for falsification of documents produced as attachments to Council Minutes under Government Code Section 6200.

Actually, you probably don't even need to pass a motion--YOU CAN START TONIGHT!.

Ask City Staff to attest to complete honesty, under penalty of perjury. For all of the items on tonight's agenda.

Does asking them to tell the Truth make you uneasy?
I hope not...

Sincerely,
Teri Davis Bernstein
Santa Monica Resident 1982-1985 and 1993-present.
[email protected]
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Packet Pg. 127 Attachment: Written Comments [Revision 2] (7849 : Written Comments) 1 David Yakobson
From: Ann Maggio <[email protected]>
Sent: Tuesday, July 28, 2026 12:00 PM
To: councilmtgitems
Subject: Agenda was not posted until today - Brown Act Violation

EXTERNAL
https://santamonicacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1500 Sent from my iPhone
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Packet Pg. 128 Attachment: Written Comments [Revision 2] (7849 : Written Comments) City Council
Report
City Council Meeting: July 28, 2026
Agenda Item: 4.A
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Mobility Division Subject: Award SP2785 to and Authorize City Manager to enter into Agreements With WGJ Enterprises Inc., dba PCI and Specialized Pavement Marking LLC for On-Call Contract Signage and Striping Services for the Public Works Department
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #SP2785 to WGJ Enterprises, Inc., dba PCI, and Specialized Pavement Marking, LLC for On-Call Signage and Striping for the Public Works Department;

4. Authorize the City Manager to execute an agreement with Specialized Pavement Marking, LLC in an amount not to exceed $5,000,000 over a five-year period, with future year funding contingent on Council budget approval.

Summary
Public Works maintains approximately 161 centerline miles of streets and associated infrastructure within 8.3 square miles of the City of Santa Monica (City), including signs, delineators, crosswalks, striping and pavement markings. The Public Works Department requires as-needed sign and striping contractor services to support maintenance, repair, emergency response, and small capital improvement work that exceeds the capacity or equipment capabilities of City crews. On March 24, 2026, the City Council directed staff to accelerate implementation of four Vision Zero initiatives, including quick-build

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projects. The proposed agreements would provide a contracting mechanism to implement these quick-build improvements efficiently.

Staff recommends awarding the bid for On-Call Signage and Striping (SP2785) to two contractors: WGJ Enterprises Inc., dba PCI; and Specialized Pavement Marking, LLC.

The agreements would be utilized on an as-needed basis only, if funding is available and approved by Council, as reflected in the Adopted Operating and Capital Improvement Program Budget. Awarding multiple contractors ensures redundancy, rapid emergency response capability, and sufficient capacity to address both routine maintenance and quick-built mobility projects. Each agreement is proposed at $5,000,000 over five years. Work would be distributed based on availability, specialization, and pricing. Cumulative spending across both agreements would not exceed $10,000,000.

Discussion
The Public Works Department is seeking to establish on-call contracts for signage and striping to enable quick delivery of replacement and modernized pavement delineation, and implementation of small to medium size improvement projects to enhance safety for all roadway users in support of Vision Zero goals. Pavement marking installation requires specialized equipment, technical expertise, and temporary traffic control. Oncall contracts enable effective delivery of improvements and scheduled replacement for routine maintenance. Typical work includes:
• Implementation of neighborhood traffic calming quick build treatments; • Implementation of Vision Zero improvements;
• Removal and installation of existing marked crosswalks; • Installation of new marked crosswalks;
• Modernization of pavement markings to meet current standards; • Sign and delineator upgrades;
• Replacement of delineators, object markers, and rubber speed bumps;

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• Restore pavement markings impacted by utility cuts and grind and pave repairs.

For each project or task, Public Works staff would prepare a scope of work and assign projects to contractors based on the results of the competitive scoring, proceeding based on availability, capacity, the size of the work, and the type of work required. Work would then be assigned based on cost, the contractor’s ability to meet the required schedule, and other factors such as availability, capacity, and feasibility of resources. If a higher-ranked contractor is unavailable or unable to perform the work, staff would proceed to the next contractor in the ranking. For urgent or emergency situations, staff may assign work to the contractor that can respond most quickly, regardless of ranking.

The recommendation to award two contracts would ensure that the City has a redundant and resilient mechanism to mobilize a contractor for priority projects and to continue to provide exceptional customer service to residents and businesses. There are labor shortages in the Southern California construction market and requesting a contractor to mobilize for small to medium sized projects is not always guaranteed. This mechanism would allow the City to assign work based on contractor capacity and specialization.

Vendor Selection
Bidder Recommendation
Best Bidder WGJ Enterprises Inc., dba PCI
Specialized Pavement Marking, LLC*
Evaluation
Criteria
Evaluation was based on Cost, Ability and Experience with Similar Projects, Qualifications of Contractor, and Response Time.

Municipal Code SMMC 2.24.180
*At time of bid submittal, the company name was Superior Pavement Markings, LLC. Specialized Pavement Markings, LLC is the new business name.

Submittals Received
Specialized Pavement Marking, LLC $262,590
WGJ Enterprises Inc., dba PCI $217,400
Bid Data
Date Posted Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened

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03/10/2026 City's Online
Bidding Site Santa Monica Daily Press 34 04/10/2026
Best Bidder Justification
WGJ Enterprises Inc., dba PCI, received the highest overall score based on competitive unit prices, responsive call-out pricing, and demonstrated experience performing similar municipal public works projects. Specialized Pavement Marking, LLC. also demonstrated strong qualifications, competitive pricing structures, and relevant experience performing comparable specialty construction and maintenance services for public agencies. Both firms provide the best overall value to the City and collectively ensure adequate capacity to respond to routine and urgent infrastructure repair needs.

Environmental Review
The award for repair and maintenance of existing streets, sidewalks, drainage facilities, and related infrastructure construction services is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines.

Section 15301 of the CEQA State Guidelines provides a Class 1 (Existing Facilities) exemption for projects that consist of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award of signage and striping services on existing facilities would not result in any modifications to existing facilities. The existing facilities would be maintained and repaired with the on-call general contracting services, and the award of services would not expand or materially change existing facilities or operations. Therefore, the agreements are categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Financial Impacts and Budget Actions

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Staff seek authority to approve funding from various funds to award agreements with WGJ Enterprises Inc., dba PCI and Specialized Pavement Marking, LLC for citywide asneeded public works signage and striping services. Funds are available in the FY 2026- 27 Operating and Capital Improvement Program Budget. Future year funding is contingent on Council budget approval.

Contract Requests
Vendor
FY 2026-27
Request
Amount
Future Year
Amounts Account #
Total
Contract
Amount
WGJ Enterprises Inc.,
dba PCI
$1,000,000 $4,000,000 Various Accounts $5,000,000
Specialized Pavement
Marking, LLC
$1,000,000 $4,000,000 Various Accounts $5,000,000
Total $2,000,000 $8,000,000 Total $10,000,000
Prepared By: Mia Silver, CityTraffic Engineer
Approved Forwarded to Council
Attachments:

A. Levine Act Disclosure Form_PCI
B. Oaks Initiative Form_PCI
C. Levine Act Disclosure Form_Specialized Pavement Marking D. Oaks Initiative Form_Specialized Pavement Marking

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City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

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

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

Code Regs. Section 18438.1, which states:

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

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔
Docusign Envelope ID: 0CFE95CD-55C9-8848-824F-121C784D2F60

4.A.a
Packet Pg. 134 Attachment: Levine Act Disclosure Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

Please note this form is a public record and subject to a California Public Records Act request. 3/19/26 William G. Jacob Owner/ President WGJ Enterprises Inc., dba PCI Docusign Envelope ID: 0CFE95CD-55C9-8848-824F-121C784D2F60

4.A.a
Packet Pg. 135 Attachment: Levine Act Disclosure Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

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

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

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
Docusign Envelope ID: 0CFE95CD-55C9-8848-824F-121C784D2F60

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Packet Pg. 136 Attachment: Levine Act Disclosure Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract)

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

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

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

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

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or Docusign Envelope ID: 0CFE95CD-55C9-8848-824F-121C784D2F60

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Packet Pg. 137 Attachment: Levine Act Disclosure Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract)

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

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

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

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

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html Docusign Envelope ID: 0CFE95CD-55C9-8848-824F-121C784D2F60

4.A.a
Packet Pg. 138 Attachment: Levine Act Disclosure Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract)

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Packet Pg. 139 Attachment: Oaks Initiative Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract)

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Packet Pg. 140 Attachment: Oaks Initiative Form_PCI (7752 : SP2785 Signage and Striping On-Call Contract)

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Attachment: Levine Act Disclosure Form_Specialized Pavement Marking (7752 : SP2785 Signage and Striping On-Call Contract)

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Attachment: Levine Act Disclosure Form_Specialized Pavement Marking (7752 : SP2785 Signage and Striping On-Call Contract)

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Attachment: Oaks Initiative Form_Specialized Pavement Marking (7752 : SP2785 Signage and Striping On-Call Contract)

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Attachment: Oaks Initiative Form_Specialized Pavement Marking (7752 : SP2785 Signage and Striping On-Call Contract) City Council
Report
City Council Meeting: July 28, 2026
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Authorization to enter into Third Modification to Agreement with Rincon Consultants, Inc. for Local Coastal Plan Implementation Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption pursuant to Section 15265 (Adoption of Coastal Plans and Programs) of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
The City of Santa Monica (City) has been working toward full Local Coastal Program (LCP) certification since 1992. The LCP consists of both the Land Use Plan (LUP), which contains the policies, and the Implementation Plan (IP), which is essentially a coastal zoning ordinance. To meet the City Council's target completion date of December 2027, additional consultant support is needed to complete the IP. Staff recommends modifying the City's existing agreement with Rincon Consultants, Inc., whose extensive knowledge of and longstanding involvement with the LCP uniquely positions the firm to complete the IP within the required timeframe. Completing the LCP will allow the City to issue Coastal Development Permits and advance the City's strategic goal of activating economic opportunity and growth.

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Discussion
The City received Coastal Commission approval of its Land Use Plan (LUP) in 1992; however, the accompanying Implementation Plan (IP) was never approved – a requirement for full Local Coastal Program (LCP) certification.

In June 2019, the City entered into an agreement with Rincon to complete the IP portion of the LCP. Under this agreement, Rincon produced administrative draft versions of the Coastal Zoning Ordinance. However, prior to the City’s submission of the IP to the Coastal Commission for certification, the City’s priorities shifted back to the Land Use Plan to address new policy comments raised by Coastal Commission staff. In 2023, the City formally re-started the LUP process with Coastal Commission staff. Rincon was engaged to assist the City in researching and updating LUP policies related to Sea Level Rise and Environmental Justice. In May 2026, Council directed staff to negotiate a Memorandum of Understanding with the Coastal Commission, establishing a target date of December 2027 for completion of the LCP.

Rincon’s existing contract with the City to complete the aforementioned work is for a total of $58,930.85, with $50,000 funded by a grant from the Coastal Commission. The proposed additional scope and budget proposed would enable the City to partner with Rincon to complete the IP with the aim of achieving certification by the Coastal Commission by the target December 2027 date. Given Rincon’s extensive prior involvement with both the LUP and IP, and its familiarity with the outstanding policy discussions between the City and the Coastal Commission, they are uniquely positioned to help the City meet the accelerated timeline directed by Council.

Vendor Selection
Rincon was selected through a competitive Request for Proposals (RFP) process advertised on PlanetBids in April 2019. This third contract modification requires City Council approval because the total contract authority will exceed the applicable approval threshold. The Procurement Manager has approved an exception to the competitive bidding process (ECB #481).

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Environmental Review
The agreement for the preparation of the LCP is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15265, which states that CEQA does not apply to activities and approvals pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code) by: (1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program, or (2) Any state university or college, as defined in Section 30119, as necessary for the preparation and adoption of a long-range land use development plan.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of agreement #3897 with Rincon Consultants, Inc. for a revised draft of the City’s Local Coastal Program Implementation Plan.

Agreement Modification Request
Agreement #
Current Authorized
Amount
FY 2026-27
Modified Request
Amount
Dept Account # Total Revised
Contract Amount
3897 $58,930.85 $100,000 01700002.552010 $158,930.85
Future year funding is contingent on Council budget approval.

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

A. 10 Original Executed Contract
Rincon_PSA_Complete_Coastal_Zoning_Ordinance
B. 11_EXECUTED_Rincon_CT3897_First_Modification
C. 12_EXECUTED_Second_Modification_CT3897_Rincon_Consultants,_Inc_with_ Attachment
D. 04 OAKS INITIATIVE FORM_06.25.2026

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E. 07 Levine Act Disclosure Form_ Signed 1.8.26

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- 1 - Rev. October 2023
Agreement No. 3897

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

RECITALS:

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

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

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

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on April 30, 2025, unless sooner terminated in accordance with Section 14.

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

3. City Services. The City agrees to:

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

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

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

4. Compensation. The City will compensate RINCON for the Services performed in an amount not to exceed $58,930.85, as set forth in Exhibit A.

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

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 2/27/2024

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personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

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

Planning Division
City of Santa Monica
1685 Main Street, Mail Stop 28
Santa Monica, California 90401
Attention: Cary Fukui
Re: Agreement No. 3897
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Agreement No. 3897

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

Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
Attention: Sarah Lejeune
Re: Agreement No. 3897

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of RINCON or any of RINCON’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

8. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and RINCON, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, RINCON must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by RINCON or RINCON’s agents, representatives, employees or subconsultants for the duration of DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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this Agreement. RINCON must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit B, Insurance Requirements and Verifications.

10.Defense and Indemnification.

10.1 Indemnification. As to RINCON’s Services produced under this Agreement, RINCON agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of RINCON, or RINCON’s employees, agents, officers, and subconsultants. RINCON’s responsibilities under this Section

10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of RINCON, its employees, agents or officers, or subconsultants; provided, however, that RINCON’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

Notwithstanding RINCON’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from RINCON, if City chooses to do so.

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

11. Prohibition Against Transfers.

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

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

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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

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

14.Default and Termination.

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

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

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

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

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

18.Records.

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

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

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

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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Packet Pg. 152 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with - 5 - Rev. October 2023

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

19.Work Product; Reports.

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

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

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

21.Subconsultants.

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

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

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

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

23.Venue and Jurisdiction. The City and RINCON agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

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

25.Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification.

Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

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

Exhibit A Scope of Services and Budget
Exhibit B Insurance Requirements
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
#VENDOR
By:
________________________________
By:
________________________________
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11 2/22/2024

DOUGLAS SLOAN
City Attorney
Rincon Consultants
Reema Shakra
2/26/2024
Principal
Rincon
2/26/2024
Deanna Hansen
Principal/Vice President
City Manager
David White
2/27/2024
Interim City Clerk
Nikima Newsome
2/28/2024

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Packet Pg. 155 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with Exhibit A
Scope of Services and Budget
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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Packet Pg. 156 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with

Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
213-788-4842
www.rinconcons ultants.com
December 12, 2023
Rincon Project No. 23-14952
Mr. Cary Fukui, Senior Planner
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Via email: [email protected]
Subject: Proposal to Provide Focused Assessment of the Required Updates to the City of Santa Monica Draft Local Coastal Program - Land Use Plan, Santa Monica, California Dear Mr. Fukui:

Rincon Consultants, Inc. (Rincon) is pleased to submit this requested scope amendment to the City of Santa Monica (City) to provide continued planning support for the City’s Local Coastal Program (LCP) Update. This proposal includes (1) our understanding of the assignment, (2) our proposed work scope, and (3) our proposed cost and timeline for completion of the work program based on our October 18, 2023, meeting with City of Santa Monica staff, and the recent follow up with the City to discuss minor scope revisions.

The below- scope represents an efficient and effective use of the City’s remaining grant funds of $50,000 and additional City funds of $8,930.85, for a total of $58,930.85 to support the City in moving towards California Coastal Commission (CCC) certification of the City’s Land Use Plan (LUP).

Project Understanding
The City received a grant from the CCC to update its LCP, and on October 9, 2018, the City Council approved the City’s Draft LUP. The City has $50,000 remaining from the CCC grant and plans to use this remaining grant budget to receive assistance in revising the City’s Draft LUP. The City’s goal is to assess and revise the current Draft LUP in relation to the CCC Guidance for preparing LUPs, with a focus on responding to the update CCC Sea Level Rise Policy Guidance, Interpretive Guidelines for Addressing Sea Level Rise in Local Coastal Programs and Coastal Development Permits (CCC 2018), and the CCC Environmental Justice Policy, Adopted in March 8, 2019 in alignment with recently certified LUPs and LCPs prepared by other jurisdictions. This amended scope includes the requested additional funds for preparing an updated sea level rise graphic, as well as presentation preparation and consultant participation in two public meetings or hearings.

In addition, this scope includes formatting and incorporating the City’s analysis of potential changes to the draft LUP resulting from any pertinent updates to the Santa Monica Zoning Ordinance, Municipal Code, and General Plan, in particular the recently adopted Housing Element update.

Scope of Work
Our approach for assessing key programs and policies in the City of Santa Monica Draft LUP includes the following tasks.

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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Packet Pg. 157 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 2 Task 1 Assess Coastal Hazards Section Compliance
Rincon will conduct a background review of documents and supporting reports related to the Coastal Hazard section of the City’s Draft LUP, including the current Drafts LUP, IP, and any CCC discussion such as letters and memos related to the City’s Draft LUP and the vulnerability analysis, along with other relevant background information regarding sea level rise and coastal hazards prepared for the City such as technical studies and vulnerability assessment. Rincon will identify gaps or adjustments needed to be made to the Coastal Hazards section to bring the section into alignment with the updated version of the State of California Sea Level Rise Guidelines, which is expected to be released in December 2023, or early 2024. We anticipate that this will include recommendations to revise the sea level rise analysis and sea level rise projections, policies, and thresholds of the Coastal Hazard section (See Optional Task 5). Rincon will also evaluate recently certified LCPs to identify additional recommendations for refinements to the Coastal Hazards section to maintain alignment with recent best practices. Rincon will evaluate the following certified LCPs:
• City of San Clemente, 2018. Certified by CCC in August 2018, • City of Santa Barbara, 2019. Certified by CCC in August 2019, • County of San Diego, 2018. Certified by CCC in February 2021.

Once the evaluation is completed, we will compile a memorandum outlining the inconsistencies and recommending specific steps to support the City in strengthening and updating the Coastal Hazard section of their Draft LUP in relation to updated State of California Sea Level Rise Guidance, and aligned with LCPs recently certified by CCC.

In addition, Rincon will provide GIS and Graphic support to the City’s staff in the development of the necessary figures and graphics to represent the potential impacts of sea level rise to the City’s coastal zone. Rincon will prepare maps to be included in the Draft LUP and to be used for outreach purposes.

The figures will be prepared using the most recent sea level projection for California’s coastline from the updated CCC Sea Level Rise Guidance to be released in November 2023. Rincon will work closely with the City’s staff to ensure that these figures align with the City’s Draft LUP and meet the CCC requirements.

Assumptions:
• Rincon assumes the City will provide the current Draft LUP and IP in Word format and any other relevant background information regarding sea level rise and coastal hazards prepared for the City, such as technical studies and vulnerability assessments conducted for the City, including CCC comments, along with other relevant background information, as needed. • The deliverables will be provided to the City in digital (Microsoft Word or PDF) format. Rincon will not provide hard copies of any deliverables.
• Rincon will not provide new policies as part of this task, or updates to figures. • Rincon has budgeted for receipt of one (1) set of consolidated City’s comments on the draft memo. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• Rincon has budgeted for preparing one (1) figure showing Sea Level Rise Impacts to be added to the Draft LUP and to be used as support material for public outreach. Any additional figures will be completed on a time and materials basis in accordance with our standard fee schedule (attached).

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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Focused Assessment of the Draft Local Coastal Program LUP 3 • Rincon has budgeted for the receipt of one (1) set of consolidated comments on each deliverable. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• All base data to prepare the figures is assumed to be provided by City staff. • Documents will not be formatted for Americans with Disabilities Act (ADA) accessibility.

Deliverables:
• Draft memo outlining gaps, inconsistencies, or necessary updates on the Coastal Hazard section of the City’s Draft LUP based on the most current sea level rise guidance from the CCC. • Draft Figure for Sea Level Rise Impacts
• Final Figure for Sea Level Rise Impacts
• Final memo based on City comments.

Task 2 Assess Environmental Justice Compliance
Rincon will evaluate the City’s Draft LUP to determine if it is in compliance with relevant aspects of the CCC Environmental Justice Policy document adopted on March 08, 2019.; One of the main policies in the Environmental Justice Policy is to ensure access to the City’s coastal resources to all visitors and residents, regardless of their ethnicity, gender, socioeconomic status, or place of residence. In addition, the CCC statement of principles for environmental justice is focused on coastal access, meaningful engagement, respect for tribal concerns, accountability and transparency, habitat and public health, participation in the process, and climate change. Rincon will also conduct a background review of existing documents and provide recommendations on any necessary revisions to the City’s Draft LUP, including policies, practices, and supporting reports, if any, to ensure adherence to CCC’s environmental justice policies, principles, and regulations.

Rincon will review the conformance of the Draft LUP with environmental justice goals, policies, and provisions included in recently certified LCPs, where available.

Once the evaluation is completed, we will compile a memorandum outlining the inconsistencies and recommending specific steps to support the City in strengthening and updating the Draft LUP in relation to the CCC Environmental Justice Policy, and aligned with other LCPs recently certified by CCC.

Rincon will outline specific measures to address these gaps.

Assumptions:
• Rincon assumes the City will provide the current Draft LUP and IP, CCC comments, and current City policies, along with other relevant background information as needed. • The deliverables will be provided to the City’s staff in digital (Microsoft Word or PDF) format.

Rincon will not provide hard copies of any deliverables. • Rincon will not provide new policies as part of this task, or updates to figures. • Rincon has budgeted for receipt of one (1) set of consolidated City’s comments on the draft memo. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• Documents will not be formatted for Americans with Disabilities Act (ADA) accessibility.

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

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Focused Assessment of the Draft Local Coastal Program LUP 4 Deliverables:
• Draft memo outlining potential inconsistencies and gaps in the Environmental Justice on the City’s Draft LUP
• Final memo based on one set of comments from City staff and/or CCC staff.

Task 3 Policies and Recommendation Matrix
Rincon will prepare an excel spreadsheet matrix of existing Draft LUP policies related to coastal hazards, sea level rise, and environmental justice. The matrix will identify policies and programs that require updating, as well as provide revised language where edits are recommended based on findings from Tasks 1 and 2 and on the completed memos and discussion with City staff. Rincon will make recommendations based on prior LCP experience and knowledge, CCC guidance documents, and CCC comment letters. This may include new policy or program recommendations or identifying items for discussion with the City and/or CCC. Note that this scope does not include providing updated sea level rise projections and thresholds as part of the matrix (see Optional Task 5).

Rincon staff will provide a draft matrix based on the issue memos and respond to one round of review.

The Policies and Recommendation Matrix will be submitted to CCC by the City staff for review. If the City completes their independent analysis of recommended revisions based on changes to the City Zoning or Polices per the proposed schedule, Rincon will incorporate the City work-effort into the Final document for the CCC review.

Assumptions:
• Rincon will submit the draft and the final matrix in digital (Microsoft Excel) format. • Should it be determined that updates to existing technical analyses or additional technical reports are necessary to address CCC comments, updates would be made on a time and materials basis in accordance with our standard fee schedule (attached) (also see Optional Task 5).
• Rincon has budgeted for receipt of one (1) set of consolidated City’s comments on the draft Matrix. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (attached).
• Rincon has budgeted for one (1) virtual meeting (one hour) with the City to discuss the recommendations on the matrix.
• Rincon assumes the City will submit the draft and the final Policies and Recommendation Matrix to CCC.
• Rincon has budgeted for one (1) virtual meeting (two hours) with CCC if determined necessary by the City.
• Rincon has not budgeted for addressing CCC’s comments. However, Rincon can consolidate CCC’s comments on a time and materials basis in accordance with our standard fee schedule (attached).
• Documents will not be formatted for Americans with Disabilities Act (ADA) accessibility.

Deliverables:
• Draft Policies and Recommendation Matrix
• Final Policies and Recommendation Matrix based on City and/or CCC comments DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 160 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 5 Task 4 Meetings and Project Management
For cost estimating purposes, this scope of work assumes that check-in calls with City staff will occur bi-weekly for five months after Rincon receives the Notice to Proceed for a total of 12 meetings, lasting up to one (1) hour each, and one meeting with CCC staff, lasting up to two (2) hours, as noted above.

These meetings will focus on discussing project information and data needs and will aid in ensuring adherence to the project schedule and delivery of the necessary products in time for the City’s deadline. All meetings are assumed to be virtual.

In addition, the Project Manager and Assistant Project Manager will attend up to two public hearings, estimated at approximately two hours each for a total of four hours for each team member.

Rincon is available for additional in-person meetings under additional scope and in accordance with our standard fee schedule (attached).

This task also includes Rincon's internal team, budget, and schedule management; coordination with City of Santa Monica staff; and preparing monthly invoices and status reports.

Assumptions:
• All meetings with City Staff and/or CCC are assumed to be virtual. • Two Rincon staff will participate in regular check-in calls with the City, including the Project Advisor and the Project Manager. The Principal-in-charge and Coastal Planner will attend as necessary based on the phase of the project.
• Two (2) in-person hearings or public meetings will be attended by the Project Manager and Assistant Project Manager. The budget includes travel expenses and preparation time.

Deliverables:
• Twelve (12) virtual meetings lasting up to 1 hour each, • One (1) virtual meeting with CCC staff lasting up to 2 hours. • Attendance of two (2) in-person hearings or public meetings by the Project Manager and Assistant Project Manager.
• Assistance in preparing a public presentation for two (2) public meetings to include preparation of Sea Level Rise scientific graphics and slide presentation, including:
o Agenda for community workshop
o Draft and Final Presentation for the community workshop o Up to 2 posters for community workshop and 2 posters for pop-up event Proposed Staff
Rincon has assembled a team of highly skilled planning and environmental science professionals to oversee and lead this assignment. This team combines extensive planning skills, technical qualifications, and knowledge of coastal planning issues with years of experience working on Local Coastal Plans and General Plans. Brief bios for key team members are included on the following pages.

This core management team will be supported, as needed, by Rincon’s deep bench of planning and technical issue area experts, including urban planners, sustainability and resiliency professionals, GIS technicians, graphic designers, and document production specialists.

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 161 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 6 Reema Shakra will be the Principal in Charge. Ms. Shakra is a Climate Adaptation Principal and has experience in sea-level rise vulnerability and adaptation assessments, local coastal program updates, climate action and adaptation planning, general plan updates, and community outreach and engagement. Ms. Shakra assisted the cities of Oceanside, Del Mar, Manhattan Beach, Santa Barbara, Pacifica, and Eureka with their local coastal program updates, including updates to address sea-level rise and other hazards, public access, scenic resources, visitor-serving commercial and recreation land uses, and natural resources. Ms. Shakra also works with coastal communities on their climate action and adaptation plans and General Plan safety element updates, including the cities of Port Hueneme, Ventura, Grover Beach, Carmel-by-the-Sea, and Seaside and the Counties of Santa Barbara and Sonoma.

Jerry Hittleman, MURP, will be the Project Advisor. Mr. Hittleman has substantial experience in coastal planning, urban planning, and regional planning throughout California. Mr. Hittleman has experience successfully assisting with several recent local coastal plan updates, including for the City of Oceanside and City of Santa Monica. He has worked closely with the California Coastal Commission staff on various coastal plans and projects throughout California. He also specializes in managing a variety long range and current planning projects, including entitlement review for coastal development permits for residential, commercial, and hotel developments as well as coastal resource restoration and sand management plans.

Sarah Lejeune will be the Project Manager and the primary contact with the City. Sarah has over thirty years of experience in policy planning and project management of complex projects including nineteen years with the City of Santa Monica, and four years advising the Los Angeles County Metropolitan Transit Authority. She is integrally involved in Rincon’s contract planning practice and is familiar with the City of Santa Monica through her former role there as Principal Strategic and Transportation Planner. In her role as a Senior Contract Planner for Rincon she has overseen the subdivision and ongoing development and environmental conditions for a large Specific Plan in Oxnard (Sakioka Farms Business Park Specific Plan) as well as working with the City of Santa Monica on Phase One of the LCP Implementation Plan, along with Coastal Zone projects in Oxnard and Malibu.

Frederico Scarelli, PhD, Coastal Planner will be the Assistant Project Manager. Dr. Scarelli is a Senior Environmental Scientist with over 13 years of experience designing, planning, and executing naturebased solutions and climate resilience projects for coastal communities, as well as assessing coastal hazards and sea level rise vulnerability. In addition, his expertise includes conducting coastal process studies, restoration of coastal systems, shoreline modeling, data processing and analyses, as well as preparation of master plans and monitoring plans for private clients and governmental agencies. Dr.

Scarelli has developed cutting-edge approaches to advance coastal projects worldwide, and his leadership within these projects aided the conservation of coastal resources, facilitated decisionmaking processes, and provided tools for disadvantaged communities to increase their resilience against climate change. Dr. Scarelli is currently working with several coastal and bay-side communities to address climate change, including the cities of Seaside, Ventura, Petaluma, and the County of San Mateo.

Cost and Schedule
As shown in the table below, our estimated cost to conduct a focused assessment for the City’s Draft LUP would be $58,930.85 as shown in Table 1 below. The cost estimate will not be exceeded without prior written authorization from the City. Costs will be charged on a time and materials basis, commensurate with work completed. If Rincon does not need all the time that has been budgeted, we will only bill for the time spent completing the work.

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 162 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with City of Santa Monica
Focused Assessment of the Draft Local Coastal Program LUP 7 Tasks 1, 2, and 3 will be completed within five months of authorization to proceed and receipt of documents to review.

Table 1 Cost Summary
Task Estimated Cost
Task 1 Assess Coastal Hazards Section Compliance $14,873.00 Task 2 Assess Environmental Justice Compliance $14,364.00 Task 3 Policies and Recommendation Matrix $13,884.00
Task 4 Meetings and Project Management $15,809.85
Total $58,930.85
Thank you for your consideration and for this opportunity to support your project. Should the City require additional assistance related to updating technical reports, public engagement, or attendance at public meetings related to the local adoption and certification process, Rincon would be pleased to submit an additional scope of work and cost estimate. If you have any questions regarding this proposal, please contact Jerry Hittleman at 805-395-4703 or [email protected], or Sarah Lejeune at 310-795-8364 or [email protected].

Sincerely,
Rincon Consultants, Inc.

Jerry Hittleman, Senior Planner
Project Advisor
Sarah Lejeune, Senior Planner
Project Manager
Reema Shakra, AICP, Principal
Principal-in-Charge
Attachments
Attachment 1 Rincon Fee Schedule
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 163 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with Rincon Fee Schedule
Attachment 1
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 164 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with Rincon Consultants, Inc.

Effective July 1, 2023
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical, and Support Personnel* July 1 – December 31, 2023 Senior Principal $308
Principal $297
Director $297
Senior Supervisor II $282
Supervisor I $263
Senior Professional II $246
Senior Professional I $230
Professional IV $204
Professional III $189
Professional II $168
Professional I $150
Associate III $126
Associate II $113
Associate I $105
Field Technician $91
Data Solutions Architect $189
Senior GIS Specialist $181
GIS/CADD Specialist II $161
GIS/CADD Specialist I $145
Technical Editor $142
Project Accountant $121
Billing Specialist $103
Publishing Specialist $116
Clerical $103
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.

Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.

Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 165 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with Rincon Consultants, Inc.

Effective July 1, 2023
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $276
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 166 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with Exhibit B
Insurance Requirements and Verifications
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

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

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

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

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

4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 167 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

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

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

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 168 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.

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

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

Claims Made Policies

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

Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 169 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with copies of all required insurance policies, including the endorsements required herein, at any time.

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

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

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

DocuSign Envelope ID: C40628FD-6049-4015-9E4B-D696DC093D11

4.B.a
Packet Pg. 170 Attachment: 10 Original Executed Contract Rincon_PSA_Complete_Coastal_Zoning_Ordinance (7758 : Third Modification to Agreement with 1 Rev. October 2023
FIRST MODIFICATION OF AGREEMENT NO. 3897
This First Modification of Agreement Number 3897 (“First Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Rincon Consultants, Inc. (“Rincon”) is made with reference to the following:

RECITALS
A. On or about February 27, 2024, the City and RINCON entered into Agreement Number 3897 for Focused Assessment of the Required Updates to the City of Santa Monica Draft Local Coastal Program Land Use Plan (“Original Agreement”).

B. The City and RINCON desire to modify the Original Agreement to extend the agreement term.

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

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

Term. This Agreement begins on the Execution Date and terminates on April 30, 2026, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.

2. Exhibit A-1 is attached hereto incorporated herein by this reference.

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

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

Docusign Envelope ID: E049E121-CAA4-4B28-9DA0-46EE2554B040 4/24/2025

4.B.b
Packet Pg. 171 Attachment: 11_EXECUTED_Rincon_CT3897_First_Modification (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for 2 Rev. October 2023
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:
______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By:
_______________________________
By:
_______________________________
Docusign Envelope ID: E049E121-CAA4-4B28-9DA0-46EE2554B040 4/22/2025

DOUGLAS SLOAN
City Attorney
Principal
Reema Shakra
4/23/2025
Rincon Consultants
Principal/Vice President
4/23/2025
Deanna Hansen
Elaine Polachek
4/24/2025
Interim City Manager
Nikima Newsome
City Clerk
4/25/2025

4.B.b
Packet Pg. 172 Attachment: 11_EXECUTED_Rincon_CT3897_First_Modification (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for 1 SECOND MODIFICATION OF AGREEMENT NO. 3897 (CCS)
This Second Modification of Agreement Number 3897 (CCS) (“Second Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Rincon Consultants, Inc. (“RINCON”) is made with reference to the following:

RECITALS
A. On or about February 27, 2024, the City and RINCON entered into Agreement Number 3897 (CCS) for Focused Assessment of the Required Updates to the City of Santa Monica Draft Local Coastal Program Land Use Plan (“Original Agreement”).

B. On or about April 24, 2025, the City and RINCON entered into a First Modification of Agreement Number 3897 (CCS) (“First Modification”) which extended the agreement term until April 30, 2026. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and RINCON desire to modify the Agreement to extend the agreement term.

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

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

Term. This Agreement begins on the Execution Date and terminates on February 29, 2028, unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

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

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

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

Docusign Envelope ID: 5F212B73-FA0C-4371-BF7A-38EF9708CC69 1/28/2026

4.B.c
Packet Pg. 173 Attachment: 12_EXECUTED_Second_Modification_CT3897_Rincon_Consultants,_Inc_with_Attachment (7758 : Third Modification to Agreement 2 IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.

ATTEST:
______________________________
APPROVED AS TO FORM:
______________________________

CITY OF SANTA MONICA,
a municipal corporation
By: ____________________________
By: ____________________________
Docusign Envelope ID: 5F212B73-FA0C-4371-BF7A-38EF9708CC69 1/26/2026

HEIDI VON TONGELN
Interim City Attorney
Principal
Rincon Consultants
Reema Shakra
1/27/2026
1/28/2026
Jing Yeo
Community Development Director
Denise Anderson-Warren
Interim City Clerk
1/28/2026

4.B.c
Packet Pg. 174 Attachment: 12_EXECUTED_Second_Modification_CT3897_Rincon_Consultants,_Inc_with_Attachment (7758 : Third Modification to Agreement Exhibit A-2
Docusign Envelope ID: 5F212B73-FA0C-4371-BF7A-38EF9708CC69

4.B.c
Packet Pg. 175 Attachment: 12_EXECUTED_Second_Modification_CT3897_Rincon_Consultants,_Inc_with_Attachment (7758 : Third Modification to Agreement

Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, CA
213-788-4842
[email protected]
www.rinconconsultants.com
Environmental Scientists Planners Engineers
January 9, 2026
Project No: 24-16322
Cary Fukui, Senior Planner
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Via email: [email protected]
Subject: Request to Extend Professional Services Agreement to Provide Support for the City’s Local Coastal Program
Dear Mr. Fukui:

Rincon Consultants, Inc. (Rincon) kindly requests that you extend our current agreement with the City of Santa Monica to provide support for the City’s Local Coastal Program through February 29, 2028. We appreciate the opportunity to assist with this project and please let us know if anything else is required to extend the contract. We look forward to working with you on this endeavor.

Sincerely,
Rincon Consultants, Inc.

Rincon Consultants, Inc.

Reema Shakra AICP
Principal-in-Charge
Docusign Envelope ID: 5F212B73-FA0C-4371-BF7A-38EF9708CC69

4.B.c
Packet Pg. 176 Attachment: 12_EXECUTED_Second_Modification_CT3897_Rincon_Consultants,_Inc_with_Attachment (7758 : Third Modification to Agreement

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

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

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

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

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Packet Pg. 177 Attachment: 04 OAKS INITIATIVE FORM_06.25.2026 (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for Local Coastal

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 178 Attachment: 04 OAKS INITIATIVE FORM_06.25.2026 (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for Local Coastal City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

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Packet Pg. 179 Attachment: 07 Levine Act Disclosure Form_ Signed 1.8.26 (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for Local City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

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Packet Pg. 180 Attachment: 07 Levine Act Disclosure Form_ Signed 1.8.26 (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for Local SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

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Packet Pg. 181 Attachment: 07 Levine Act Disclosure Form_ Signed 1.8.26 (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for Local

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3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

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

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

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Packet Pg. 183 Attachment: 07 Levine Act Disclosure Form_ Signed 1.8.26 (7758 : Third Modification to Agreement with Rincon Consultants, Inc. for Local City Council
Report
City Council Meeting: July 28, 2026
Agenda Item: 4.C
1 of 12
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Engineering and Street Services Division
Subject: Award Bid #SP2709 to Sully Miller Contracting Company for Construction Services and RFP #SP2709 to Cannon Corporation for Construction Management Services for the Wilshire Boulevard Safety Improvement Project Phase 2B
Recommended Action
Staff recommends that the City Council:

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

2. Award Bid #SP2709 to Sully Miller Contracting Company for construction services for the Wilshire Boulevard Safety Improvement Project Phase 2B for the Public Works Department;

3. Authorize the City Manager to execute an agreement with Sully Miller Contracting Company, in an amount not to exceed $7,609,433 (including a 15% contingency);

4. Award RFP #SP2709-CM to Cannon Corporation to provide construction management services for the Wilshire Boulevard Safety Improvement Project Phase 2B for the Public Works Department;

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

Summary
The City of Santa Monica (City) has a longstanding commitment to improving roadway safety and enhancing the overall travel experience for all users. Consistent with the City’s Vision Zero goal of eliminating traffic-related fatalities and severe injuries, as well as the adopted Pedestrian Action Plan (2016), Bike Action Plan Amendment (2020),

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and Wilshire Boulevard Safety Study (2020), the City secured a state funded Active Transportation Program (ATP) grant for $4.76 million to complete the Wilshire Boulevard Safety Improvement Project Phase 2B (Project) at six intersections: 18th Street, 21st Street, 22nd Street, 25th Street, Harvard Street, and Chelsea Avenue.

The Project builds upon the previously completed Wilshire Boulevard Phase 1 from Ocean Avenue to Centinela Avenue (street paving, sidewalk repairs, quick-build traffic calming improvements, curb side loading adjustments, and bus safety and operational enhancements including relocating bus stops to the far-side of signalized intersections), and a new traffic signal at Wilshire Boulevard and 16th Street (Phase 2A). Phase 2B would continue to deliver on pedestrian improvements including curb extensions, median widening, hardened right-turn only treatments, rapid flashing beacons, traffic signal improvements, curbside loading adjustments, and upgraded lighting. Three intersections included in this phase are identified through the City’s Vision Zero analysis as “high priority intersections” while the remaining three locations are identified as “hotspot locations” based on recent crash history, unique intersection geometry, and community input received during the design process.

Per previous Council discussion, staff are exploring additional safety enhancements at other locations on Wilshire Boulevard beyond the grant limits described in this staff report. Staff recommends awarding Bid #SP2709-CT to Sully Miller Contracting Company in an amount not to exceed $7,609,433 (including a 15% contingency) to provide construction services and to award RFP #SP2709-CM to Cannon Corporation in an amount not to exceed $512,850 to provide construction management and observation services.

Discussion
The Wilshire Boulevard Safety Study, adopted by City Council on February 11, 2020, was informed by a year-long community engagement process involving Santa Monica residents, businesses, and visitors. The study identified a pattern of broadside collisions, failure-to-yield crashes, and improper turning movements. Based on the

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collision analysis, the study developed targeted recommendations intended to address the most common and severe crash types.

The Project would implement targeted safety improvements at six intersections along Wilshire Boulevard that were identified in the City Council-adopted Safety Study and subsequently highly ranked in the ATP grant application as locations with the greatest documented transportation safety needs. Proposed improvements include curb extensions on all four corners, pedestrian flashing beacons, upgraded street lighting, widened medians, landscaped median improvements, hardened right-turn-only movements from side streets, reduced roadway widths within approximately 140 feet of each intersection, shortened pedestrian crossing distances from 75 feet down to 60 feet, and a new traffic signal at Chelsea Avenue.

These improvements incorporate Federal Highway Administration (FHWA) Proven Safety Countermeasures and Safe Systems principles to address the primary factors contributing to severe and fatal crashes. The proposed measures would improve pedestrian crossing conditions, calm vehicle speeds, improve driver yielding behavior, reduce turning conflicts, and strengthen overall intersection safety while responding to the unique operational and geometric characteristics of each location. A summary of the proposed improvements and their associated benefits is outlined below.

Curb Extensions: Curb extensions would be installed at all six intersections to shorten pedestrian crossing distances, improve pedestrian visibility at crosswalks, and slow turning vehicle speeds, particularly for right-turning drivers.

Rapid Flashing Beacons (RRFBs): Rapid flashing beacons would be added at 21st and Harvard Streets to increase driver awareness of pedestrians crossing Wilshire Boulevard. The placement of RRFBs on both the roadside and in the median would improve visibility for approaching drivers in all lanes, increase driver yielding rates, and reduce the potential for “double threat” collisions in which one stopped vehicle obscures a pedestrian from another driver’s view. FHWA’s Proven Safety Countermeasure

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program indicates that RRFBs can reduce pedestrian crashes by up to 47 percent at uncontrolled crosswalks.

Widened Medians: Medians on Wilshire Boulevard would be widened at 21st, 25th, and Harvard Streets to enhance safety by narrowing the perceived roadway width, helping reduce vehicle speeds, and providing a pedestrian refuge area for people crossing the street. FHWA research indicates that raised median treatments can reduce pedestrian crashes by up to 46 percent.

Hardened Right-Turn-Only Movements: Physical median islands would channelize sidestreet traffic into controlled right-turn-only movements at five of the intersections, reducing unpredictable vehicle maneuvers and discouraging high-speed turns. These improvements are intended to reduce the likelihood of severe broadside and turningrelated collisions.

Upgraded Lighting: Enhanced intersection lighting at all six intersections would improve nighttime visibility for pedestrians, bicyclists, and motorists, increasing visibility and overall roadway safety during low-light conditions.

New Traffic Signal: A new traffic signal would be installed at Chelsea Avenue and would include retroreflective signal backplates, a leading pedestrian interval, and signal timing that prioritizes pedestrian crossings. These features would improve both intersection safety and operational efficiency.

The proposed improvements at the six Wilshire Boulevard intersections are intended to enhance overall traffic safety, particularly for vulnerable roadway users such as pedestrians and bicyclists, through targeted interventions that address the primary collision factors associated with severe and fatal crashes identified in the Safety Study.

Vendor Selection – Construction Services
Bidder Recommendation
Best Bidder Sully Miller Contracting Company

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Evaluation
Criteria
Price, the ability, capacity, and skill of the bidder to perform the services; the capacity of the bidder to perform the contract within the time specified; the sufficiency of the bidder’s financial resources; and the reputation and experience of the bidder.

Municipal Code SMMC 2.24.100
Bid Data
Date
Posted
Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
05/04/2026 City's Online
Bidding Site
Santa Monica
Daily Press
112 06/03/2026
Submittals Received
Sully Miller Contracting
Company $ 6,616,898.00 PALP Inc. dba Excel Paving Company $7,158,388.00 Nationwide Contracting
Service, Inc. dba
Nationwide General
Construction Services
$ 8,459,628.40 Hardy & Harper, Inc. $ 9,777,000.00
Toro Enterprises, Inc. $8,888,847.60
Best Bidder Justification
The evaluation committee recommends awarding Bid #SP2709-CT to Sully Miller Contracting Company. As the lowest qualified bidder, Sully Miller Contracting Company was determined to be the best bidder based on its competitive bid price, proven ability, capacity, and skill to perform roadway work, as well as its demonstrated capacity to complete the contract within the specified timeframe. This determination was based on their documented performance on multiple recent projects with the City of Santa Monica, including the FY 23–24 Annual Paving Project, the Lincoln Boulevard Resurfacing Project, and the Airport Street and Paving Improvements Project. Their successful delivery of these projects provided the committee with clear evidence of their reliability, responsiveness, and ability to meet City standards. In addition, Sully Miller Contracting Company has sufficient financial resources to support the project and holds a strong reputation within the industry. Their reputation was assessed based on prior project performance with the City, industry references, and their overall standing as a long-established contractor with extensive experience in roadway improvement projects.

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Construction Management and Observation Services
Cannon Corporation would provide construction management services for the Wilshire Boulevard Safety Improvement Project Phase 2B. The firm would be responsible for coordinating weekly progress meetings; reviewing contractor materials and submittals; observing the contractor’s work to ensure construction adheres to project design plans and specifications; answering contractor questions in the field; preparing daily reports; capturing and maintaining progress photos; coordinating with various City departments; distributing construction notifications; and addressing questions or concerns from the public. The firm would provide a full-time construction inspector to assist the City’s inhouse construction manager and for managing materials testing. With a significant number of City projects currently in construction, City staff do not have the capacity to inspect the construction of this type of project, which requires full-time oversight to assist the City’s in-house construction manager who manages multiple projects. The City’s in-house construction manager would manage and perform all public outreach via the project website, social media, mailers and direct notices/signage.

Pre-Qualified Vendors
Accenture Infrastructure & Capital Projects Maestro Development Albert A. Webb Associates MNS Engineers, Inc.

Arcadis U.S., Inc. P2S LP
Berg & Associates, Inc. Psomas
Cannon Corporation Southstar Engineering & Consulting, Inc.

Cumming Management Group, Inc Transtech Engineers, Inc.

Dewberry Design-Builders Inc. Vanir Construction Management, Inc.

Fountainhead Consulting Corporation Willdan Engineering Ghirardelli Associates, Inc. Z&K Consultants, Inc.

Jacobs Project Management Co

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RFQual Data
Date
Posted
Posted
On
Advertised In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
01/09/2025 City's Online
Bidding Site
Santa Monica
Daily Press 182 29 02/10/2025
Justification to Short-List
The shortlist was created through the Request for Qualifications (RFQual) process.

Twenty-nine firms submitted proposals in response to the RFQual for construction management and observation services. The evaluation committee was comprised of staff from Architectural Services and the Engineering and Street Services Division, and they reviewed the statements of qualifications. Based on the firms’ qualifications and directly related experience providing similar services for municipal agencies, staff identified the best-qualified firms and established a list of pre-qualified firms. These pre-qualified firms were then invited to participate in the Request for Proposals (RFP) SP2709-CM to provide construction management and observation services.

Request for Proposals - Construction Management Services Bidder Recommendation
Best Qualified Firm Cannon Corporation
Evaluation Criteria Experience, communication, services to be provided, and cost proposal.

Municipal Code SMMC 2.24.190
Selection Criteria
Evaluation Criteria The training, credentials and experience of the person or firm; The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services; The demonstrated competence, ability, capacity and skill of the person or firm to perform the contract or provide the services; The price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive.

Municipal Code SMMC 2.24.190

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RFP Data
Posted On Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
04/22/2026 OpenGov N/A 13 05/26/2026
Public Outreach
The Wilshire Boulevard Safety Study Team (Study Team) used a robust, year-long community engagement process that employed a wide range of engagement strategies and tactics to reach a broad range of stakeholders. This included presentations to RFPS Received
Cannon Corporation Transtech Engineers, Inc.

MNS Engineers, Inc. Willdan Engineering
P2S LP Z&K Consultants, Inc.

DCCM Infrastructure, Inc
Justification Award
Cannon Corporation is recommended to provide construction management services from an approved shortlist of pre-qualified firms, developed under SP1982. Seven firms submitted full proposals in response to the Request for Proposals (RFP) SP2709-CM. These proposals were evaluated by a committee consisting of staff from the Engineering and Street Services Divisions. As part of the evaluation process, the committee conducted interviews with the top three highest-ranked firms. The interview phase was used as a determining factor in the final selection. During the interviews, the committee reviewed each firm’s proposed approach, clarified elements of their written proposals, and discussed their previous project experience. Cannon Corporation demonstrated a thorough understanding of the project requirements, provided clear and detailed responses, and showed strong alignment with the City’s expectations. The committee also considered the firm’s proven performance on past City projects, including Fourth Street Phase 2 Construction Management and the Olympic Water Transmission Main Project. Cannon’s demonstrated technical expertise, responsiveness, and successful track record on these projects reinforced their standing as the best-qualified firm to deliver the required construction management services.

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neighborhood associations and commissions, branded banners along the corridor, meetings with key City stakeholder groups, on the ground business outreach and canvassing of the corridor, and a robust online presence with study updates. The Study Team also met with key City staff to discuss traffic safety and operations, including representatives from the Public Works Department, the Big Blue Bus Division, the Santa Monica Police Department, and the Santa Monica Fire Department.

To help inform data collection and evaluation, the Study Team conducted an initial round of outreach early in the process and prior to the development of initial safety recommendations. Once preliminary recommendations were developed, the Study Team returned to neighborhood groups and commissions to present more detailed safety findings and draft recommendations for feedback and adjustments. Throughout this process, the Study Team worked to refine safety recommendations based on feedback. Study notifications were provided in both Spanish and English, and interpreters were available at all hosted meetings. Outreach information and materials can be found on the project website (Attachment C). Outreach during construction would be managed and performed by the City’s in-house construction manager and would include updates through the project website and social media, as well as mailers, direct notices, and signage.

Environmental Review
The Project is categorically exempt from CEQA pursuant to Section 15301 of CEQA.

Section 15301 (Class 1 – Existing Facilities) exempts 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. The Project would not expand or materially change existing City streets or infrastructure. Furthermore, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to these exemptions. Therefore, the Project is exempt pursuant to Section 15301 of the CEQA Guidelines.

Past Council Actions

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Meeting Date Description
February 23, 2016 (Attachment A) Pedestrian Action Plan February 11, 2020 (Attachment D) Wilshire Boulevard Safety Study October 13, 2020 (Attachment F) Bike Action Plan Amendment

Financial Impacts and Budget Actions
Staff seeks authority to appropriate available Parking In-Lieu Fees/TDM funding from the Special Revenue Source Fund for the Wilshire Boulevard Safety Improvement Project Phase 2B for construction and construction management services. This funding is derived from fees collected through development agreements as part of the Transportation Demand Management (TDM) program. Approval of the recommended actions requires the following budget amendment.

FY 2026-27 Budget Amendment
Release Fund Balance Appropriate Funds
Account Number(s) Amount Account Number(s) Amount

10.365910 – Parking In-Lieu Fees $660,000 C1008180.689550 $660,000 Staff seeks authority to approve available funding from multiple funds to award a contract with Sully Miller Contracting Company for the Wilshire Boulevard Safety Improvement Project Phase 2B.

Contract Request - Construction
Funding Source FY 2026-27
Request Amount
CIP Account # Total Contract
Amount
Local Return $44,325 C2704600.689130.21032 $44,325
Local Return $14,490 C2704600.689120.21039 $14,490
Gas Tax $96,381 C2604600.689610.98992 $96,381
Special Revenue Source $395,992 C1007600.689000 $395,992 Parking In-Lieu Fees $264,263 C1008180.689550 $264,263
Miscellaneous Grants $2,028,982 C2008180.689290 $2,028,982 Miscellaneous Grants $4,765,000 C2008180.689250  $4,765,000 Total $7,609,433 Total $7,609,433

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If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

In addition, staff also seek authority to approve available funding from the Local Return and Special Revenue Source funds (Parking In-Lieu Fees) to award a contract with Cannon Corporation to provide construction management services for the Wilshire Boulevard Safety Improvement Project Phase 2B.

Contract Request - Construction Management Services
Funding Source
FY 2026-27
Request Amount CIP Account # Total Contract
Amount
Local Return $117,113 C2704600.689130 $117,113
Parking In-Lieu Fees $395,737 C1008180.689550 $395,737
Total $512,850 Total $512,850
Future year funding is contingent on Council budget approval.

Prepared By: Jonathan Maldonado, Civil Engineering Associate Approved Forwarded to Council
Attachments:

A. February 23, 2016 Staff Report (web link)
B. Pedestrian Action Plan - Final (Web Link)
C. Wilshire Blvd Safety Study - Outreach Information and Material (Web Link) D. February 11, 2020 Staff Report (Web Link)
E. Wilshire Blvd Safety Study (Web Link)
F. October 13, 2020 Staff Report (Web Link)
G. Bike Action Plan Amendment (Web Link)

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H. Sully Miller Oaks_Initiative
I. Sully Miller Levine_Act
J. Cannon Corps Oaks_Initiative
K. Cannon Corps Levine_Act
L. Written comments

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Attachment: Sully Miller Oaks_Initiative (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Oaks_Initiative (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Oaks_Initiative (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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Attachment: Sully Miller Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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

Public benefits include:

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Name(s) of persons or entities receiving public benefit:

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

Patrick Riddell Director, Construction Management
[email protected] 805.503.4586
06/19/2026
Cannon Corporation
Michael Cannon
Michael Cannon, President; Bob Stets, General Counsel; Karen Morris, COO; Larry Kraemer, Secretary.

Directors: Patrick Riddell, Construction Management; Chad Engelskirger, Survey; Ed Collins, Development; Jeff Spannbauer, Automation & Electrical; Larry Kraemer, Water Resources; Gary Solsona, Public Infrastructure; Marshall Pihl, Structures; Nick Hopkins, Energy

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Packet Pg. 204 Attachment: Cannon Corps Oaks_Initiative [Revision 1] (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

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Packet Pg. 205 Attachment: Cannon Corps Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

4.C.k
Packet Pg. 206 Attachment: Cannon Corps Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

4.C.k
Packet Pg. 207 Attachment: Cannon Corps Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B)

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

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

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

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Packet Pg. 209 Attachment: Cannon Corps Levine_Act (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase 2B) 1 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Friday, July 24, 2026 8:24 PM
To: Natalya Zernitskaya; Barry Snell; Lana Negrete; Caroline Torosis; Ellis Raskin; Jesse Zwick; Dan Hall
Cc: Council Mailbox; councilmtgitems; Traffic Engineering; Kyle Kozar; Anuj Gupta; Transportation Planning; Department of Transporation
Subject: Item 4.C: Make Wilshire Actually Safe

EXTERNAL
City Councilmembers
As a Santa Monica resident, driver, pedestrian, biker, and parent, writing for myself, I want to urge you to go further than the approved Wilshire Boulevard Safety Study plans and actually make Wilshire Boulevard safe for all.

For example, Rapid Flashing Beacons (RRFBs) are not enough for a street as busy as Wilshire, and they could even open up the City to liability if they are not protective enough to meet standards for a crosswalk on such a road. Instead, I urge consideration of HAWK signals or full traffic signals. Yes, they cost more, but lives are at stake.

There are many other ways to rethink a plan that is now woefully out of date. The poor safety record of the earlier phases of the Wilshire project speaks volumes.

Please act for the Santa Monicans (rightly) scared to cross the street and for those who have suffered tragedy on the street.

Jacob Wasserman
90403
Item 4-C
July 28, 2026
Item 4-C
July 28, 2026

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Packet Pg. 210 Attachment: Written comments [Revision 1] (7765 : Award construction bid SP2709 for Wilshire Boulevard Safety Improvement Project Phase City Council
Report
City Council Meeting: July 28, 2026
Agenda Item: 4.D
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To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Architecture Services Division Subject: Approval of Second Modification to Agreement #11607 SMA Builders, Inc. for Additional Construction Services for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project
Recommended Action
Staff recommends that City Council:

2. Authorize the City Manager to execute a second modification to agreement No. 11607 (CCS) in the amount of $200,000 with SMA Builders, Inc. for construction services for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project for the Public Works Department. This would result in a new total amount not to exceed $2,174,000, with future year funding contingent on Council budget approval.

Summary
Virginia Avenue Park is recognized as a community hub that empowers families, shapes programming, celebrates culture and tradition, and maintains the vibrant spirit of the Pico Neighborhood. The Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project (Project) has been mostly implemented at the Thelma Terry building, located in the heart of Virginia Avenue Park. The Project replaced the building’s underutilized existing preparation kitchen, office, and storage space to accommodate an all-electric shared kitchen and food storage area. Staff recommends that the City Council authorize the City Manager to execute a second modification in the amount of $200,000, with SMA Builders Inc., for a new total contract amount not to exceed $2,174,000, for construction required to obtain Los Angeles

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County Department of Public Health approval. This proposed modification is to be funded with Community Development Block Grant (CDBG) funds.

Discussion
Virginia Avenue Park, located at 2200 Virginia Avenue, serves as a community hub that empowers families, shapes programming, celebrates culture and tradition, and maintains the vibrant spirit of the Pico Neighborhood, which is rooted in strength, resiliency, and social justice. The Thelma Terry building is used primarily for community gathering activities, community services, and programs for school-aged children. Upon completion, the Project would convert an existing City-owned facility into a fully licensed commercial kitchen that would offer kitchen rentals for local food businesses and small business incubator services to provide entrepreneurship education for its local members. The new kitchen will cultivate the Pico Neighborhood and surrounding community food entrepreneurs and support ongoing programming by providing affordable shared commercial kitchen space, mentorship, and market opportunities.

The kitchen and Thelma Terry improvements, including renewed community spaces with refreshed wall and floor finishes, new energy-efficient lighting, a new roof, access control, and a security system, have been substantially completed. The kitchen is expected to open to the public late summer to early fall 2026. Approval of this second modification in the amount of $200,000 with SMA Builders Inc. for a new total contract amount not to exceed $2,174,000. The additional work would include installation of tile behind the mop sink, replacement of the deteriorated storefront windows and doors, replacement of the deteriorated wood trellis and installation of exterior shade sails, and replacement of the deteriorated window treatments in the community room. The modification also funds improvement identified during final inspection by the Los Angeles County Department of Public Health. Additional funds for the Project were approved in the amended 2024-25 CDBG Annual Action Plan.

Environmental Review
The project is categorically exempt from CEQA pursuant to Section 15301 and Section 15302 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities)

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projects from CEQA, which include 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. Section 15302 exempts Class 2 (Replacement or Reconstruction) projects which include the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The project would renovate the existing City facility at 2200 Virginia Avenue, and therefore, it has been determined that the project would fall within the Class 1 and Class 2 categorical exemptions. Furthermore, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2 of the CEQA Guidelines apply to this project.

Past Council Actions
Meeting Date Description
11/11/24 (Attachment A) Award Bid Modification for the Virginia Avenue Park Commercial Financial Impacts and Budget Actions
Staff seeks authority to approve available CDBG funds currently budgeted in the Capital Improvement Program to increase the amount of the contract with SMA Builders Inc. for the construction services for the Project.

Contract Modification Request
Funding
Source
Current
Authorized
Amount
FY 2026-27
Request
Amount
Dept/CIP Account #
Total Revised
Contract
Amount
CDBG Fund $1,654,500 $200,000
C1908490.689000 $1,854,500
General
Fund
$174,500 $0
C0104580.689000 $174,500
General
Fund
$145,000
$0
01500003.552010 $145,000
Total $1,974,000 $200,000 Total $2,174,000

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Future year funding is contingent on Council budget approval.

Prepared By: Jared Schultz, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. November 11, 2024 Staff Report (Web Link)
B. SMA Builders Contract
C. Levine Act Disclosure Form
D. Oaks Initiative Form

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Contract No. 11607 (CCS)
SP2644

CONSTRUCTION CONTRACT
by and between
City of Santa Monica
and
SMA Builders, Inc.

Virginia Avenue Park Commercial Kitchen and Thelma
Terry Center Improvements Project
SP2644
A Federally-Funded CDBG Contract
Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 215 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
SP2644
Public Works | Construction Contract CDBG | July 2022 CC-i SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS....................... 2 SECTION 2 THE PROJECT. ................................................................................... 2 SECTION 3 THE CONTRACT DOCUMENTS. ........................................................ 2 SECTION 4 THE WORK. ......................................................................................... 2 SECTION 5 PROJECT TEAM.................................................................................. 3 SECTION 6 TIME OF COMPLETION. ..................................................................... 3 SECTION 7 COMPENSATION TO CONTRACTOR. ............................................... 5 SECTION 8 STANDARD OF CARE......................................................................... 6 SECTION 9 INDEMNIFICATION.............................................................................. 6 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS............ 7 SECTION 11 INSURANCE AND BONDS. ................................................................. 7 SECTION 12 PROHIBITION AGAINST TRANSFERS............................................... 7 SECTION 13 NOTICES. ............................................................................................ 7 SECTION 14 DISPUTE RESOLUTION...................................................................... 8 SECTION 15 DEFAULT. .......................................................................................... 12 SECTION 16 CITY'S RIGHTS AND REMEDIES. .................................................... 12 SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES. ................................... 16 SECTION 18 ACCOUNTING RECORDS. ............................................................... 17 SECTION 19 INDEPENDENT PARTIES. ................................................................ 17 SECTION 20 NUISANCE......................................................................................... 17 SECTION 21 PERMITS AND LICENSES. ............................................................... 18 SECTION 22 WAIVER. ............................................................................................ 18 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT. ................. 18 SECTION 24 GOVERNING LAW............................................................................. 18 SECTION 25 COMPLETE AGREEMENT. ............................................................... 18 SECTION 26 SURVIVAL OF CONTRACT............................................................... 18 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS. .................................. 18 SECTION 28 SANTA MONICA LIVING WAGE ORDINANCE. ................................ 19 SECTION 29 SANTA MONICA OAKS INITIATIVE NOTICE.................................... 19 SECTION 30 CALIFORNIA LEVINE ACT DISCLOSURE........................................ 19 SECTION 31 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM....... 20 SECTION 32 GOVERNMENTAL POWERS. ........................................................... 21 SECTION 33 SEVERABILITY.................................................................................. 21 SECTION 34 EXHIBITS. .......................................................................................... 22 Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 216 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
SP2644
Public Works | Construction Contract CDBG | July 2022 CC-1

CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on ______________(“Execution Date”) by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and SMA Builders, Inc. ("Contractor"), is made with reference to the following:

R E C I T A L S:

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

B. Contractor is a Corporation duly organized and in good standing in the State of California, License Number 457725. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On February 29, 2024, City issued a Notice Inviting Bids to contractors for Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded). A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid.

A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference.

Also attached hereto and incorporated by reference are the General Conditions (Exhibit 3), Plans, Special Provisions and/or Technical Specifications (Exhibit 4), Payment and Performance Bonds (Exhibit 5), Insurance Requirements (Exhibit 6), Oaks Initiative Disclosure (Exhibit 7), Living Wage Certification (Exhibit 8), Prevailing Wage Acknowledgement (Exhibit 9), Federal Special Provisions CDGB Requirements (Exhibit 10), Federal Special Provisions CDBG Requirements Build America, Buy America (BABA) Program (Exhibit 11), Levine Act Disclosure (Exhibit 12).

D. City and Contractor desire to enter into this Construction Contract for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded) and other services as identified in the Bid Documents for the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded) upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2 2/11/2025

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Packet Pg. 217 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
SP2644
Public Works | Construction Contract CDBG | July 2022 CC-2 SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.

SECTION 2 THE PROJECT.

The Project is the construction of the Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded). ("Project").

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and PreQualification Checklist (if applicable). (ii) Executed Construction Contract between City and Contractor. (iii) Notice Inviting Bids.
(iv) Instructions to Bidders
(v) Bidding Addenda.
(vi) Contractor's Bid.
(vii) General Conditions.
(viii) Special Provisions and Technical Specifications. (ix) Performance and Payment Bonds.
(x) Insurance Forms.
(xi) Plans and Drawings.
(xii) Reports listed in the Bidding Documents.
(xiii) Supplements, Attachments, and Exhibits attached to the above items. (xiv) Modifications.
(xv) Change Orders.
(xvi) Field Orders.

SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any Changes requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 218 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-3 SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Project requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in City’s Notice to Proceed.

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within 120 Calendar Days after the date specified in City’s Notice to Proceed.

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time.

Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Contractor shall pay City as liquidated damages the amount of $700.00 per day for each Day occurring after the expiration of the Contract Time until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 219 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
SP2644
Public Works | Construction Contract CDBG | July 2022 CC-4

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work Substantially Completed within the Contract Time, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time.

6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

6.5 Adjustments to Contract Time.

The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 220 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-5 SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of ONE MILLION SIX HUNDRED FORTYFIVE THOUSAND DOLLARS ($1,645,000.00)

7.2 Full Compensation.

The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents.

7.3 Compensation for Extra or Deleted Work.

The Contract Sum shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work on the basis of both of the following:
(i) The sum of Allowable Costs as defined in Paragraph 7.2.5 of the General Conditions to be added (for Extra Work) or credited (for Deleted Work) and (ii) An additional sum (for Extra Work) or deductive credit (for Deleted Work) based on Contractor Markup and Subcontractor/Sub-subcontractor Markups allowable pursuant to this Section 7.3.

Contractor Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of Contractor and of its Subcontractors and Sub-subcontractors, of every Tier. Contractor Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows:

7.3.1 Self-Performed Work.

Fifteen percent (15%) of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Contractor with its own forces.

7.3.2 Subcontractors.
15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor with its own forces, plus 5% thereon for Contractor Markup.

7.3.3 Sub-subcontractors.
15% of the Allowable Costs of that portion of the Work to be performed by Subsubcontractors of the second and lower Tier with their own forces, plus 5% thereon for the Subcontractor, plus 5% on the combined total thereof for Contractor Markup.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 221 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-6 SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any Tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Subsubcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Subsubcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Subsubcontractors, of any Tier, for Work performed on or off the Site for the Project; and
(v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors, of any Tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any costs incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 shall survive the termination of this Construction Contract.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 222 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-7 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 et seq and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Failure to do so shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 223 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-8

13.2 Notice Recipients.

All notices, demands or requests (including, without limitation, Claims) from Contractor to City at:

City of Santa Monica, Public Works, Architecture Services Division 1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Amelia Feichtner, Project Manager
Re: Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded), 11607 (CCS) In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded), 11607 (CCS) All Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:

SMA Builders, Inc.
16134 Leadwell Street
Van Nuys, CA 91406
Attention: Shawn Antin, CEO
Re: Virginia Avenue Park Commercial Kitchen and Thelma Terry Center Improvements Project – SP2644 (CDBG Funded), 11607 (CCS)

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

Contractor Claims (as defined by Public Contract Code Section 9204(c)) and General Conditions Section 1.1.18 shall be resolved by the parties in accordance with General Conditions Section 4.2 and applicable law. The procedures set forth in General Conditions Section 4.2 shall be the exclusive recourse of Contractor for such claims.

Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

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Packet Pg. 224 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-9

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Subsubcontractors of any Tier; (iii) False claims liability under California Government Code Section 12650, et. seq.;
(iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of Los Angeles, West District, and shall not be subject to the Contract Dispute Resolution Process.

However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Disputes, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with Section 4.2 of the General Conditions.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. Nothing contained herein shall preclude City from asserting Contract Disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events.

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall Docusign Envelope ID: F72CDB3F-15CD-46C9-9F56-373F5D8A98E2

4.D.b
Packet Pg. 225 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-10 be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in General Conditions Section

4.2.6; however, any failure to respond shall be governed by General Condition Section 4.2.9.

14.4.2. Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in General Conditions Section 4.2, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

14.4.4 Binding Arbitration.

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Packet Pg. 226 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-11 If the Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contract Dispute shall submit the Contract Dispute for final and binding arbitration pursuant to the provisions of California Public Contract Code Sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code Section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence
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Packet Pg. 227 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-12 .7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4.

Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code Section 9204((f)(1) or (2). Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

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Packet Pg. 228 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-13

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

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Packet Pg. 229 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-14

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time; (ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

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Packet Pg. 230 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-15

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) Days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays pursuant to Section 8.3 of General Conditions.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

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Packet Pg. 231 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-16

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section

16.6. 16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

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Packet Pg. 232 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-17

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) Days after receipt of notice from Contractor, then upon an additional thirty (30) Days’ notice to City Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, takeoffs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

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Packet Pg. 233 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-18 SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Santa Monica business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the full and complete understanding of every kind or nature between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and approved as to form by City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

This contract ( does or does not) have special fund(s) involved requiring additional contract requirements, therefore this section ( does or does not) apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:

Community Development Block Grant (CDBG)
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Packet Pg. 234 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-19 Housing and Urban Development (HUD)
Metropolitan Transportation Authority (MTA)
Other: __________________________________
Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibits 10 and 11), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 SANTA MONICA LIVING WAGE ORDINANCE.

This contract ( is or is not) subject to the City of Santa Monica’s Living Wage Ordinance.

The City of Santa Monica’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (“Living Wage Ordinance”), requires the payment of Minimum Wage for work done on any Contract over a certain threshold to any worker who does not actually work as a manager, supervisor or confidential employee, and who is not required to possess an occupational license.

The established Minimum Wage includes an annual adjustment each July 1st by an amount corresponding to the previous calendar year’s change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties.

If this Contract is subject to such Living Wage Ordinance, then the contractor shall comply with all of its provisions. Failure to comply with the provisions of the Living Wage Ordinance shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 29 SANTA MONICA OAKS INITIATIVE NOTICE.

This contract ( is or is not) subject to the City of Santa Monica’s Oaks Initiative.

Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. 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.

If this Contract is subject to such Oaks Initiative, then the Contractor shall comply with all of its provisions and disclosures. Failure to comply with the provisions of the Oaks Initiative shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 30 CALIFORNIA LEVINE ACT DISCLOSURE
This contract ( is or is not) subject to the California Levine Act Disclosure.

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Packet Pg. 235 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-20 In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards
SECTION 31 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM In accordance with State of California Senate Bill No. 854 (SB 854):
 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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Packet Pg. 236 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-21  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html.

SECTION 32 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 33 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

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Packet Pg. 237 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) Contract No. 11607 (CCS)
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Public Works | Construction Contract CDBG | July 2022 CC-22 SECTION 34 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – General Conditions.

Exhibit 4 – Plans, Special Provisions and/or Technical Specifications.

Exhibit 5 – Payment and Performance Bonds.

Exhibit 6 – Insurance Requirements.

Exhibit 7 – Oaks Initiative Disclosure.

Exhibit 8 – Living Wage Certification.

Exhibit 9 – Prevailing Wage Acknowledgment.

Exhibit 10 – Federal Special Provisions CDBG Requirements (Attachment G of Bid Form).

G1. Federal Labor Standards Provisions, HUD Form 4010
G2. Davis-Bacon Labor Standards – Agency/Contractor Guide G3. Certification of Understanding and Authorization
G4. Davis-Bacon Federal Prevailing Wage Rates
G5. Certification of Applicable Fringe Benefit
G6. Section 3 of the Housing and Urban Development Act of 1968 G7. Other Federal Requirements
Exhibit 11 – Federal Special Provisions CDBG Requirements Build America, Buy America (BABA) Program.

Exhibit 12 – Levine Act Disclosure.

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
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DOUGLAS SLOAN
City Attorney
2/6/2025
2/8/2025
SMA Builders
SMA Builders
President
City Manager
David White
2/11/2025
Nikima Newsome
City Clerk
2/12/2025

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Packet Pg. 238 Attachment: SMA Builders Contract (7766 : VAP Thelma Terry) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

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Packet Pg. 239 Attachment: Levine Act Disclosure Form (7766 : VAP Thelma Terry) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

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

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

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

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Packet Pg. 240 Attachment: Levine Act Disclosure Form (7766 : VAP Thelma Terry) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

4.D.c
Packet Pg. 241 Attachment: Levine Act Disclosure Form (7766 : VAP Thelma Terry)

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Santa Monica City CouncilJuly 28, 2026

Santa Monica City Council
July 28, 2026