Agenda - City of Santa Monica

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10.3 Information to be Provided to Developer. Prior to any public hearing concerning the Periodic Review of this Agreement, the City shall deliver to Developer a copy of all staff reports prepared in connection with a Periodic Review, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review. If the City delivers to Developer a Notice of Breach pursuant to Section 11.1 below, the City shall concurrently deliver to Developer a copy of all staff reports prepared in connection with such Notice of Breach, all written comments from the public and all related exhibits concerning such Notice of Breach. 10.4 Notice of Breach; Cure Rights. If during any Periodic Review, the City reasonably concludes on the basis of substantial evidence that Developer has not demonstrated that it is in good faith compliance with this Agreement, then the City may issue and deliver to Developer a written Notice of Breach pursuant to Section 11.1 below, and Developer shall have the opportunity to cure the default identified in the Notice of Breach during the cure periods and in the manner provided by Section 11.2 and Section 11.3, as applicable. 10.5 Failure of Periodic Review. The City’s failure to review at least annually compliance by Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. 10.6 Termination of Development Agreement. If Developer fails to timely cure any item(s) of non-compliance set forth in a Notice of Default, then the City shall have the right but not the obligation to initiate proceedings for the purpose of terminating this Agreement pursuant to Section 11.4 below. 10.7 City Cost Recovery. Following completion of each Periodic Review, Developer shall reimburse the City for its actual and reasonable costs incurred in connection with such review. 11.1 Notice and Cure. ARTICLE 11 DEFAULT 11.1.1 Breach. If either Party fails to substantially to perform any term, covenant or condition of this Agreement which is required on its part to be performed (a “Breach”), the non-defaulting Party shall have those rights and remedies provided in this Agreement; provided that such non-defaulting Party has first sent a written notice of Breach (a “Notice of Breach”), in the manner required by Section 15.1, specifying the precise nature of the alleged Breach (including references to pertinent Sections of this Agreement and the Existing Regulations or Subsequent Code Changes alleged to have been breached), and the manner in which the alleged Breach may satisfactorily be cured. If the City alleges a Breach by Developer, the City shall also deliver a copy of the Notice of Breach to any Secured Lender of Developer which has delivered a Request for Notice to the City in accordance with ARTICLE 12. 35 F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC
11.1.2 Monetary Breach. In the case of a monetary Breach by Developer, Developer shall promptly commence to cure the identified Breach and shall complete the cure of such Breach within thirty (30) business days after receipt by Developer of the Notice of Breach; provided that if such monetary Breach is the result of an Excusable Delay or the cure of the same is delayed as a result of an Excusable Delay, Developer shall deliver to the City reasonable evidence of the Excusable Delay. 11.1.3 Non-Monetary Breach. In the case of a non-monetary Breach by either Party, the alleged defaulting Party shall promptly commence to cure the identified Breach and shall diligently prosecute such cure to completion; provided that the defaulting Party shall complete such cure within thirty (30) days after receipt of the Notice of Breach or provide evidence of Excusable Delay that prevents or delays the completion of such cure. The thirty (30) day cure period for a non-monetary Breach shall be extended as is reasonably necessary to remedy such Breach; provided that the alleged defaulting Party commences such cure promptly after receiving the Notice of Breach and continuously and diligently pursues such remedy at all times until such Breach is cured. 11.1.4 Excusable Delay. Notwithstanding anything to the contrary contained in this Agreement, the City’s exercise of any of its rights or remedies under this ARTICLE 11 shall be subject to the provisions regarding Excusable Delay in Section 15.8 below. 11.2 Remedies for Monetary Default. If there is a Breach by Developer in the performance of any of its monetary obligations under this Agreement which remains uncured (a) thirty (30) business days after receipt by Developer of a Notice of Breach from the City and (b) after expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of Developer has delivered a Request for Notice to the City in accordance with Section 12.1), then an “Event of Monetary Default” shall have occurred by Developer and the City shall have available any right or remedy provided in this Agreement, at law or in equity. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. 11.3 Remedies for Non-Monetary Default. 11.3.1 Remedies of Parties. If any Party receives a Notice of Breach from the other Party regarding a non-monetary Breach, and the non-monetary Breach remains uncured: (a) after expiration of all applicable notice and cure periods, and (b) in the case of a Breach by Developer, after the expiration of Secured Lender’s Cure Period under Section 12.1 (if a Secured Lender of Developer has delivered a Request for Notice to the City in accordance with Section 12.1), then an “Event of Non-Monetary Default” shall have occurred and the non-defaulting Party shall have available any right or remedy provided in this Agreement, or provided at law or in equity except as prohibited by this Agreement. All of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election in respect to any other available remedy. 36 F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC
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CITY OF SANTA MONICA REGULAR CITY C
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3-G: 3-H: 3-I: 3-J: Award Bid for t
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and Virginia Avenue; 34 th Street b
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(NOT APPROVED) CITY OF SANTA MONICA
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CONSENT CALENDAR: All items were co
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AYES: Councilmembers McKeown, Winte
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ANNOUNCEMENTS Upon returning, Mayor
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City of Santa Monica SEMS/NIMS Mult
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City Disclaimer: This Multi Hazard
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Multi Hazard Functional Emergency P
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GENERAL This Multi Hazard Functiona
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Automatically on receipt of an atta
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PLAN RECORD OF REVISIONS Date Secti
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Mitigation Phase Mitigation efforts
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Care and shelter operations. Perime
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Disaster Animal Care Considerations
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STANDARDIZED EMERGENCY MANAGEMENT S
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Identification of special districts
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the response phase. During the reco
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SEMS EOC Organization SEMS regulati
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Major Concepts of SEMS Organization
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NATIONAL INCIDENT MANAGEMENT SYSTEM
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The NIMS identifies the requirement
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The City EOC will communicate situa
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All existing city and departmental
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SEMS/NIMS RESPONSIBILITIES CHART Ma
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Obtain briefing from whatever sourc
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Confer with EOC Operations Section
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Define priority actions to be accom
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LIAISON OFFICER SUPERVISOR: EOC Dir
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Anticipate potential situation chan
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EOC COORDINATOR SUPERVISOR: EOC Dir
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Establish operating procedure with
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SAFETY OFFICER SUPERVISOR: EOC Dire
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Ensure that your personnel and equi
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LEGAL OFFICER SUPERVISOR: EOC Direc
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Ensure that your personnel and equi
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Determine your personal operating l
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Deactivation Ensure that all requi
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Open and maintain a position activi
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Deactivation Coordinate deactivati
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Report to EOC Director. Obtain a b
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of information. Provide necessary w
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and quantities of clothing, food, m
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OPERATIONS SECTION Purpose To enhan
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SEMS/NIMS RESPONSIBILITES CHART Man
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Review your position responsibiliti
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Keep up to date on situation and re
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Conduct periodic EOC Operations Sec
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Ascertain if all key Fire Departmen
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Ensure that all your Branch/Unit pe
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LAW BRANCH SUPERVISOR: EOC Operatio
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Obtain regular briefings from field
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Radio stations carrying instruction
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Consider vehicle security and parki
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MED/HEALTH BRANCH SUPERVISOR: EOC O
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Precise information is essential to
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Provide to the PIO the locations of
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CARE AND SHELTER BRANCH SUPERVISOR:
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Activation Check in upon arrival a
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Refer all media contacts to your EO
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PUBLIC WORKS BRANCH SUPERVISOR: Ope
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Using activity log maintain all req
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In coordination with the Los Angele
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In coordination with the Logistics
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BUILDING AND SAFETY BRANCH SUPERVIS
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Based on the situation as known or
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Congregate care facilities (includi
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PLANNING SECTION Purpose The Planni
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SEMS/NIMS ORGANIZATION CHART EOC Di
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PLANNING SECTION CHIEF SUPERVISOR:
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Procedural instructions for obtaini
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Use face-to-face communication in t
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RESOURCES UNIT SUPERVISOR: EOC Plan
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SITUATION STATUS UNIT SUPERVISOR: E
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Provide periodic situation or statu
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Determine weather conditions; curre
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DOCUMENTATION UNIT SUPERVISOR: EOC
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Keep up to date on the situation an
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DAMAGE ASSESSMENT UNIT SUPERVISOR:
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ADVANCE PLANNING UNIT SUPERVISOR: E
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RECOVERY PLANNING UNIT SUPERVISOR:
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Ensure that all relevant communicat
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Coordinate with City Manager’s Of
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DEMOBILIZATION UNIT SUPERVISOR: EOC
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Review situation reports as they ar
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TECHNICAL SPECIALIST SUPERVISOR: EO
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LOGISTICS SECTION Purpose To enhanc
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SEMS/NIMS RESPONSIBILITIES CHART Ma
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LOGISTICS SECTION CHIEF SUPERVISOR:
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Open and maintain Section logs. Us
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Meet with EOC Finance/Administratio
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INFORMATION SYSTEMS BRANCH SUPERVIS
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ACCESS AND FUNCTIONAL NEEDS COORDIN
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End of Shift Actions Participate i
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COMMUNICATIONS UNIT SUPERVISOR: Inf
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Monitor your Branch/Unit activities
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COMPUTER UNIT SUPERVISOR: Informati
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TRANSPORTATION UNIT SUPERVISOR: EOC
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communications. Determine and anti
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PERSONNEL UNIT SUPERVISOR: EOC Logi
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PROCUREMENT UNIT SUPERVISOR: EOC Lo
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General Operational Duties Develop
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Assemble resource documents that wi
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FACILITIES UNIT SUPERVISOR: EOC Log
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Deactivate the EOC Facilities Unit
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FINANCE SECTION Purpose This Sectio
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FINANCE/ADMINISTRATION SECTION CHIE
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General Operational Duties Open an
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PURCHASING UNIT SUPERVISOR: Finance
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Deactivation Brief incoming person
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COST RECOVERY DOCUMENTATION UNIT SU
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Upon proclamation of a disaster, co
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TIME UNIT SUPERVISOR: Finance/Admin
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Ensure that all employee identifica
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COMPENSATION/CLAIMS UNIT SUPERVISOR
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Keep the Section Chief advised of y
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COST ANALYSIS UNIT SUPERVISOR: Fina
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Submit completed logs, time cards,
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THREAT SUMMARY AND ASSESSMENT FOR C
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Threat Assessment 5: Transportation
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THREAT ASSESSMENT 1 - MAJOR EARTHQU
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The 1994 Northridge Earthquake The
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Scientists have stated that such de
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Santa Monica-UCLA Medical Center ha
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The Fire Department’s radio syste
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determine response and recovery nee
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The City’s Moss Avenue Pumping St
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ATTACHMENT 2 EARTHQUAKE PLANNING SC
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THREAT ASSESSMENT 2 - HAZARDOUS MAT
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LOS ANGELES COUNTY FREEWAY MAP 273
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THREAT ASSESSMENT 3 - SEVERE STORMS
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THREAT ASSESSMENT 4 - RESERVOIR/DAM
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THREAT ASSESSMENT 5 - TRANSPORTATIO
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Airport Administration Building ser
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ATTACHMENT 9 LOCAL AIRPORTS 283
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THREAT ASSESSMENT 7 - CIVIL UNREST
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THREAT ASSESSMENT 8 - TERRORISM Gen
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WMD Hazard Agents Weapons of mass d
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Conventional bombs have been used t
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Emergency Response Actions Response
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THREAT ASSESSMENT 10 - TSUNAMI What
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designated ―Tsunami Inundation Zo
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CITY OF SANTA MONICA RESPONSIBILITI
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CITY OF SANTA MONICA TSUNAMI INUNDA
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THREAT ASSESSMENT 11 - FIRE General
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Drought Recent concerns about the e
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THREAT ASSESSMENT 12 - LANDSLIDES G
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THREAT ASSESSMENT 13 - WINDSTORMS G
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Specific Situation Utilities Histor
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Existing Windstorm Mitigation Activ
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MUTUAL AID The foundation of Califo
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MUTUAL AID REGION EMERGENCY MANAGEM
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CITY OF SANTA MONICA'S MUTUAL AID A
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MUTUAL AID COORDINATORS: GENERAL FL
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Subsequent Contact (No OARRS) Copy
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325
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EMERGENCY OPERATIONS Concept of Ope
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CHART 1 − SEMS/NIMS EOC FUNCTION
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Emergency Operations Center (EOC) I
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Emergency Operations Center The EOC
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City Manager Assistant City Manager
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Resource Request Process When a dis
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CITY OF SANTA MONICA’S EMERGENCY
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CITY OF SANTA MONICA’S EOC ACTIVA
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EMPLOYEE RESPONSE: If a disaster oc
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esponse and increase available reso
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Assessing need for mutual aid assis
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CONTINUITY OF GOVERNMENT Purpose A
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Second Alternate: Emergency Manager
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EMERGENCY PROCLAMATION PROCESS Gene
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Whenever the Governor proclaims a S
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SUPPORTING DOCUMENTATION CONTENTS A
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c. The Public Information Officer G
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and staff presenting their school i
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City Council Report City Council Me
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Discussion On September 10, 2012, t
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discovered as opposed to paying con
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Discussion Annual street and sidewa
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two construction notices. The first
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ALTA WILSHIRE AVE BLVD PACIFIC SHEE
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Contractor Selection On July 19, 20
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City Council Report To: From: Subje
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Attachment A ‐ Pricing Bid No.: 4
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Only two of the four companies that
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The bids were evaluated on competit
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ATTACHMENT A Bid No.: 4025 Bid Clos
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determined that not all of the Anim
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City Council Report To: Mayor and C
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Advisory Committee A volunteer advi
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Figure 1. Demand Analysis: Comparis
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capacity, rainwater harvesting and
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Table 1. Water Conservation Program
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Additional Local Groundwater Opport
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Beyond the additional local groundw
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Figure 5. Proposed Recycled Water S
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Figure 6. Water Supply and Demand C
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The State formula for calculating G
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potential risk of litigation. A t C
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Community benefits have been negoti
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Existing Conditions: Mid-block on w
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Second Street Elevation Located in
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15’-0” 15’-0” The ground fl
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alconies provide added depth, varia
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Architecture Review Board - Concept
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Zoning and IZO Comparison A project
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Open Space Contribution The project
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• Transit Welcome Package for Res
Page 449 and 450: Nonetheless, the Planning Commissio
Page 451 and 452: in-lieu fees established for the do
Page 453 and 454: subject to wild-land fire hazard, h
Page 455 and 456: Attachments: A. Ordinance Adopting
Page 457 and 458: CA:f\atty\muni\laws\barry\1318 2 nd
Page 459 and 460: approved. The City Manager is autho
Page 461 and 462: EXHIBIT 1 DEVELOPMENT AGREEMENT 5
Page 463 and 464: enefits including additional afford
Page 465 and 466: Recording Requested By: City of San
Page 467 and 468: 5.1 Development Standards for the P
Page 469 and 470: 15.7 Time .........................
Page 471 and 472: F. Developer has paid all necessary
Page 473 and 474: 1.9 “Floor Area Ratio" and FAR”
Page 475 and 476: improvements, including, without li
Page 477 and 478: Restaurants are automatically to be
Page 479 and 480: from the building by one a.m. Sunda
Page 481 and 482: 4. Notwithstanding the foregoing, i
Page 483 and 484: C. Public Bicycle Parking. Develope
Page 485 and 486: proportional share of the vehicle c
Page 487 and 488: outreach plan designed to notify Do
Page 489 and 490: 2.7 Prohibited Activities in the En
Page 491 and 492: noise of more than thirty (30) deci
Page 493 and 494: (a) “Existing Regulations” coll
Page 495 and 496: (g) Regulations which do not impair
Page 497 and 498: 7.2.1 Upon satisfaction of the cond
Page 499: of Developer and the City or their
Page 503 and 504: Chapter 1.09 and 1.10 respectively
Page 505 and 506: termination of this Agreement. In s
Page 507 and 508: 12.1.4 Secured Lender Not Obligated
Page 509 and 510: or Developer, as applicable, by (i)
Page 511 and 512: acknowledges that an Estoppel Certi
Page 513 and 514: 15.15 Other Governmental Approvals.
Page 515 and 516: Performance shall be signed by the
Page 517 and 518: Title: ___________________________
Page 519 and 520: EXHIBIT “B” PROJECT PLANS 54 F:
Page 521 and 522: (d) Upon inspection of the Project
Page 523 and 524: The TIC shall also include a list o
Page 525 and 526: Transit Week, etc.). This survey mu
Page 527 and 528: Developer shall participate as a fu
Page 529 and 530: Changes to the TDM Plan in accordan
Page 531 and 532: 12. Project Design. As a result of
Page 533 and 534: 27. Landscaping plans shall comply
Page 535 and 536: 44. Wheel washers shall be installe
Page 537 and 538: 62. For the life of the project, th
Page 539 and 540: closures and any other ingress or e
Page 541 and 542: 81. If the project involves dewater
Page 543 and 544: 92. Prior to implementing any tempo
Page 545 and 546: plans. Visit the Resource Recovery
Page 547 and 548: • During construction, water truc
Page 549 and 550: system and shall be in accordance w
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a. The minimum clear width shall be
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i. Buildings or facilities exceedin
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Total Floor Area of Building or Pro
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II. RESPONSIBILITY 4. Multiple fami
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structures shall be in compliance w
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(2) Non-Urban Properties (less than
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NOTE: ONE OF THE TWO HYDRANTS TESTE
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5. The owner-developer shall be res
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Barricade/Clearance Details Figure
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H. Private fire protection systems
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a. A 25% reduction shall be granted
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EXHIBIT “F-1” LOCAL HIRING PROG
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EXHIBIT "F-2" LOCAL HIRING PROGRAM
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a. Advanced Local Recruitment - Ini
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EXHIBIT "G" [RESERVED] 114 F:\RECOR
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• Trucks shall only travel on a C
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(g) Fugitive Dust Control Measures.
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Approvals with respect to the Proje
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ATTACHMENT D PUBLIC NOTIFICATION IN
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Esto es una noticia de una audienci
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MEMORANDUM To: From: Steve Mizokami
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To: Steve Mizokami, City of Santa M
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APPENDIX A BASE ZONING ALTERNATIVE
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APPENDIX A - TABLE 2 ESTIMATED STAB
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APPENDIX B PROPOSED PROJECT PRO FOR
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APPENDIX B - TABLE 2 ESTIMATED STAB
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APPENDIX C PROPOSED PROJECT FISCAL
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APPENDIX C - TABLE 2 ANNUAL GENERAL
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APPENDIX D PLANNING COMMISSION RECO
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APPENDIX D - TABLE 2 ANNUAL GENERAL
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ATTACHMENT F HISTORIC ASSESSMENT ME
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HISTORICAL ASSESSMENT REVIEW: 1318-
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State of California -- The Resource
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ATTACHMENT G PROJECT PLANS & RENDER
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This report summarizes the design r
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vibrant Downtown gateways through t
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• View corridor: Preserving and i
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Core Project: $10.7 Million Reduced
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station plaza to the Pier, and to m
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To provide clarity about where each
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Design Refinements: The new facilit
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application, the commissioners requ
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need for separate roadway and pedes
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a highly recognized Los Angeles bas
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Funding: The proposed improvements
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5. Bus Stops: As noted above, the M
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The Esplanade improves critical sou
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may recommend that additional Gener
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City Council Meeting 5-14-13 Santa
Page 666 and 667:
eplace this proposed extensio n wit
Page 668 and 669:
Page - 32 Vehicular Circulation C-2
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Attachment B Colorado Esplanade Pla
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COLORADO ESPLANADE PALISADES PARK T
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FRAMING THE VIEW Preserving the vie
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EXISTING GINGKOS -TO REMAIN BLOOMIN
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PARKING STRUCTURE 8 SANTA MONICA PL
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The one-way westbound traffic allow
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LANDSCAPE ARCHITECTURE BLOOMINGDALE
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GATEWAY TRIANGLE The Gateway Triang
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LANDSCAPE ARCHITECTURE 739 ALLSTON
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STRING LIGHTING NIGHT LIGHTING CONC
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N Downtown WAY FINDING W Bike Stati
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family homes and commercial uses al
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new, more restrictive regulations.
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WHEREAS, consistent with long stand
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Exhibit A: Preferential Parking Zon
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No vehicle shall be parked adjacent
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Zone T [Ord. No. 1545CCS, adopted 1
Page 723 and 724:
No vehicle shall be parked adjacent
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Zone PP [Ord. No. 1913CCS Sec. 1, a
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1. 26th Street and Princeton Street
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Attachment C Peak Parking Occupancy
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ATTACHMENT D Preferential Parking f
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parking to assist residents in find
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expressed unanimous support for mor
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City Council Meeting May 14, 2013 A
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SECTION 4. Exhibit A to this Resolu
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1. Hill Street and Raymond Street b
Page 743 and 744:
Zone O [Reso. No. 9836, adopted 2/2
Page 745 and 746:
Zone X [Ord. No. 1594CCS Sec. 1, ad
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Zone KK [Ord. No. 1905CCS Sec. 1, a
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1. Franklin Street between Santa Mo
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Attachment B Existing Regulations E
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Attachment C Peak Parking Occupancy
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13-B May 14, 2013 CITY CLERK’S OF
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City of Santa Monica 2013 Fourth of
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Agenda - City of Santa Monica

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