Agenda packet — Santa Monica City Council, February 8, 2022 (part 1 of 2)

City of Santa Monica
City Council Meeting
AGENDA

SUE HIMMELRICH
MAYOR

LANA NEGRETE KRISTIN MCCOWAN

COUNCILMEMBER MAYOR PRO TEM

GLEAM DAVIS PHIL BROCK

COUNCILMEMBER COUNCILMEMBER

CHRISTINE PARRA OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

JOSEPH LAWRENCE

INTERIM CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Meetings are broadcast live on CityTV cable channel 16, on the internet at santamonica.gov, and can be live streamed at https://www.youtube.com/user/Citytv16santamonica or https://www.smgov.net/video or Toll-Free Dial-In Number 1 (800) 520-9950 (US), PIN 5526382 #. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 2/8/2022 10:25 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11172 (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]. Written public comment submitted before 2:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Additionally, effective January 26, 2021, and until COVID-19 restrictions are lifted, oral public comment on agenda items can be provided remotely. If you want to provide public comment on a particular agenda item, you can call by phone at (310) 312-8173 when the caller queue opens for the agenda item on which you wish to comment. The caller queue for an agenda item will not open until just before the item is called and will then remain open until the first five public comments are heard. Donation of time and electronic presentation materials will not be permitted while meetings are conducted via teleconference.

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; under some circumstances, Council may change the maximum to 1 minute per agenda item.

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

1. Closed Session.

2. Special Agenda Items (City Manager’s Report
Commendations, Presentations, etc.).

3. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

4. Study Session.

5. Continued Items.

6. Administrative Proceedings.

7. Ordinances:
• 1
st Reading
• 2
nd Reading

8. Staff Administrative Item.

9. Public Hearings.

10. Reports of Boards and Commissions.

11. Resolutions.

12. Written Communications (other than
Reports of Commission and Officers).

13. Councilmember Discussion Items.

14. 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)
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

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

City of Santa Monica Generated: 2/8/2022 10:25 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR AND SPECIAL JOINT MEETING

VIA TELECONFERENCE PURSUANT TO
ASSEMBLY BILL NO. 361 SIGNED BY,

GOVERNOR GAVIN NEWSOM
TUESDAY, FEBRUARY 8, 2022
MEETING BEGINS AT 5:30 PM
Pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsom, the public can only attend this meeting by watching it streaming at https://www.youtube.com/user/Citytv16santamonica or https://www.smgov.net/video or Toll-Free Dial-In Number: 1 (800) 520-9950 (US), PIN 5526382 # WAYS TO PROVIDE REMOTE PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 2:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

If you decide you want to speak on a particular agenda item, please call (310) 312-8173 once the caller queue for the agenda item opens. Please note that the caller queue for each agenda item will not open until just before the item is called and will close after the first five public comments are heard.

In an effort to reduce the risk of spreading Coronavirus (COVID-19), only members of the City Council and City Staff will participate in person at City Hall. The meeting will be broadcast on CityTV Channel 16 and streaming on the City’s website and YouTube channel as normal, but individuals may also join the teleconference via other methods listed above.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

1. CLOSED SESSIONS

1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Santa City of Santa Monica Generated: 2/8/2022 10:25 PM Page 4 Monica Bayside Owners Association v. City of Santa Monica and the California Coastal Commission, Los Angeles Superior Court 21SMCP00269

1.B. Conference with Legal Counsel – Anticipated Litigation: Anticipate significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2):

Oceana Hotel

1.C. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 2828 Donald Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises (~5,285 sq. ft.), Hangars #6, # 26, and #31 (~5,380 sq. ft.), Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp (~64,460 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica, California (“Fuel Farm”) (~3,820 sq. ft.) consisting of three 12,000 gallon and one 500 gallon underground storage tanks and associated systems and equipment; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director; Owner of Record: City of Santa Monica; Persons to be negotiated with Atlantic SMO Holdings; Under negotiation: Ground Lease and Building Lease Terms.

1.D. Public Employee Appointment: Title – City Attorney - New item received 2/4/2022
The following is the order of business for items to be heard no earlier than 6:30 p.m.

2. SPECIAL AGENDA ITEMS

2.A. City Manager Report

3. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)

3.A. Award Request for Proposal to Redcar Properties LTD and Authorize City Manager to Execute Contract for Property Management for Bergamot Station Arts Center
Recommended Action

1. Award RFP# 303 to Redcar Properties LTD for property management services for the Community Development Department;

2. Authorize the City Manager to negotiate and execute an agreement with Redcar Properties LTD, for a management fee of up to $90,000 per annum for two years, three additional one-year renewal options, for a total amount not to exceed $450,000 and future year funding contingent on Council budget approval.

3.B. Approval of Modification to Purchase Orders for Water Treatment Antiscalants & Cleaners
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 5 Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to issue a change order to purchase order #22200672 in the amount of $210,000 with Avista Technologies for the provision of water treatment antiscalants and cleaner chemicals for the Public Works Department. This would result in a revised purchase order total not to exceed $685,000, with future year funding contingent on Council budget approval; and

2. Authorize the Procurement Manager to issue a change order to purchase order #22200758 in the amount of $100,000 with King Lee for the provision of water treatment antiscalants and cleaner chemicals for the Public Works Department. This would result in a revised purchase order total not to exceed $200,000, with future year funding contingent on Council budget approval.

3.C. Approval of Third Lease Modification with JP Morgan Chase for 1333 Fourth Street Lease - Attachments Added. 2/04/22
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a lease modification with JP Morgan Chase to extend term from May 1, 2022 through April 30, 2026, providing a total of $4,022,120 in rental revenues during the four-year term.

3.D. Adoption of a Resolution Making Findings Required by AB 361 Relating to Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through March 10, 2022.

3.E. Approval of minutes for Housing and Parking Authority meetings - Staff request to move 3.E to 8.B. 2/07/22
Recommended Action
Staff recommends that the:

1. Housing Authority approve the minutes of the October 26, 2021 and November 23, 2021 meetings; and

2. Parking Authority approve the minutes of the October 26, 2021 meeting.

3.F. City Council - Regular Meeting - Jan 11, 2022 5:30 PM - New item received 2/4/2022

3.G. City Council - Special Meeting - Jan 29, 2022 10:00 AM - New item received 2/4/2022

3.H. City Council - Special Meeting - Feb 2, 2022 6:00 PM - New item received 2/4/2022

4. STUDY SESSION
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4.A. Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities - New item received 2/4/2022 Recommended Action
Staff recommends that the City Council review and comment on the Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities and the strategy outlined by the COVID-19 Emergency Operations Center.

5. CONTINUED ITEMS
No items

6. ADMINISTRATIVE PROCEEDINGS
No items

7. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

7.A. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending Santa Monica Municipal Code Section 2.64.020 to Decrease the Membership of the Arts Commission from Eleven to Nine Members
Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached Ordinance.

8. STAFF ADMINISTRATIVE ITEMS
. SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AUTHORITY

AND PARKING AUTHORITY
. ROLL CALL

8.A. Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Appropriate FY 2021-22 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2022-23 budget plan (Attachment A);
Staff also recommends that the City Council:

1. Receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast;

2. Direct staff to set aside $11 million in unprogrammed revenue to Assigned General Fund Reserves;
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 7

3. Adopt a Resolution establishing new classifications and adopting salary rates for various positions (Attachment B) and approve the position and classification changes (Attachment C);

4. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fine schedule for certain violations of the Santa Monica Municipal Code, eliminate overdue fines for adult cardholder accounts for the Santa Monica Public Library and to establish new non-standard fines for violations of the Second Shared Mobility Pilot Program Administrative Regulations (Attachment D);

5. Direct staff to proceed with research and analysis on various potential tax revenue measures;

6. Authorize the City Manager to negotiate and execute a second modification to agreement #10929 with Moss Adams LLP, a Washington-based company, for internal auditing services for the City Manager’s Office. The modification would increase the third year amount by $240,000 for a new amended total not to exceed $931,000, with future year funding contingent on Council budget approval, to complete a homeless services delivery audit and the Human Services Grants Program grantee monitoring; and

7. Approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021.
. ADJOURNMENT OF SPECIAL JOINT MEETING

9. PUBLIC HEARINGS
No items

10. REPORTS OF BOARDS AND COMMISSIONS
No items

11. RESOLUTIONS
No items

12. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

13. COUNCILMEMBER DISCUSSION ITEMS

13.A. Designation of City's voting delegate and alternate representative to Southern California Association of Governors (SCAG) General Assembly at the JW Marriott Desert Springs Resort & Spa, Palm Desert on May 5, 2022.

13.B. Request of Mayor Pro Tem McCowan that the City Manager provide to the City Council as part of the FY 22/23 exception based budget, information related to implementation of a paid parental leave policy for City staff that could take effect in FY 22/23. - New item received 2/4/2022
City of Santa Monica Generated: 2/8/2022 10:25 PM Page 8

13.C. Request of Mayor Himmelrich, Council Member Davis, and Council Member Negrete that the City Council join with and support the Santa Monica-Malibu Unified School District (“SMMUSD”) in opposing a petition filed by certain individuals with the Los Angeles County Committee on School District Organization pursuant to SB 442 which became effective January 1, 2022.

This petition seeks to compel SMMUSD to convert from at-large elections, which are required by Section 900 of the Santa Monica City Charter, to district based elections and to adopt a map of proposed districts that was drawn by the petition’s proponents without any input from SMMUSD stakeholders and which seems not to have been drawn in accordance with the California Elections Code, which sets forth a procedure for drawing such districts. This petition seeks to override the Santa Monica City Charter without a vote of the people and without a showing of any compelling interest that would justify doing so. In addition to stating its opposition to the petition, the Council authorizes the City Manager, including the City Attorney, to use City resources, as appropriate, to support the SMMUSD and to publicly oppose the nullification of the City charter in public media, at any hearing held by the County Committee on School District Organization, and, if necessary, through litigation. - New item received 2/4/2022

13.D. Request of Councilmember Davis that the City Council authorize the City Manager and the Interim City Attorney return to the City Council with a proposal to have an independent investigation of possible violations of the Brown Act by City Council members in connection with the search, candidate evaluation, and recruitment for the positions of City Manager and City Attorney conducted in 2021 and 2022. The investigation also would encompass possible breaches of the Confidentiality Agreements signed by City Council members in connection with these matters. Any proposal should include, as legally proper, full subpoena and other investigatory powers as may be appropriate to conduct a comprehensive review of any potential Brown Act or Confidentiality Agreement violations that the investigator might discover in the course of the investigation. - New item received 2/4/2022

14. PUBLIC INPUT
(Public comment is permitted only on 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.)

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 City of Santa Monica Generated: 2/8/2022 10:25 PM Page 9 [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled 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 #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 1.C
1 of 1
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 2828 Donald Douglas Loop North, Santa Monica, California Offices and Pilot Lounge Premises (~5,285 sq. ft.), Hangars #6, # 26, and #31 (~5,380 sq. ft.), Aircraft Main Ramp (~145,000 sq. ft.), Aircraft Overflow Ramp (~64,460 sq. ft.); and 3100 Donald Douglas Loop North, Santa Monica, California (“Fuel Farm”) (~3,820 sq. ft.) consisting of three 12,000 gallon and one 500 gallon underground storage tanks and associated systems and equipment; City Negotiators: Stelios Makrides, Chief Operations Officer/Airport Director; Owner of Record: City of Santa Monica; Persons to be negotiated with Atlantic SMO Holdings; Under negotiation: Ground Lease and Building Lease Terms.

Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:

A. Written Comments

1.C
Packet Pg. 10
1 Vernice Hankins
From: Andrew Wilder
Sent: Thursday, February 3, 2022 6:36 AM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte; Stelios Makrides Subject: Item 1-C (Feb 8), Atlantic Aviation Lease - Airport Commission Recommendation Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and Council Members, The Airport Commission recommends that City Council further clarify to staff your intent with November 23rd Item 13D, and that it was indeed to cease all storage, distribution, and sale of leaded fuel from ALL equipment and storage tanks owned by the City, including those on the North side.

The Airport Commission previously recommended, and Council agreed, that it was important that the City of Santa Monica stop facilitating the sale of leaded fuel at the airport because of the well‐documented health and safety issues posed by lead pollution.

It was the Airport Commission's understanding that the instructions to Staff were to address all City‐owned tanks, including those on the North side of the airport. However, at the January 11th Council meeting, the City Manager reported that "We are cautiously optimistic that the City would be able to transition the self‐serve fuel station that the City owns and operates on the South side of the airport from leaded aviation fuel to Swift UL 94 on or before April 1, 2022."
Based on this statement, and the discussion at our January 24, 2022 meeting, it appears that Staff intends at this time only to pursue the cessation and storage of leaded fuel at the South side of the airport. We ask you to clarify your original intentions with Staff, and our hope is that the City will continue to pursue all avenues possible towards eliminating the sale of leaded fuel from all City‐owned equipment. ‐‐‐‐‐
The above recommendation was unanimously approved (5‐0) at the January 24th Airport Commission meeting.

We very much appreciate your and Staff's efforts on this issue, and, as always, I'd be happy to answer any questions you might have.

Thanks so much,
Andrew Wilder
Chair, Airport Commission
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Packet Pg. 11
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: [email protected]
Sent: Friday, February 4, 2022 6:22 PM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte; Stelios Makrides; Andrew Wilder; [email protected]
Subject: FOSP: City Council 2/8/22 Item 1-C - Atlantic Aviation Lease - Airport Commission Recommendation

EXTERNAL
February 4, 2022

To: Mayor Himmelrich and City Council members
From: Board of Directors, Friends of Sunset Park
RE: 2/8/22 agenda item 1-C -- Atlantic Aviation Lease at Santa Monica Airport The FOSP Board fully supports the letter below from Andrew Wilder, Chair of the Airport Commission.

We want to cease all storage, distribution, and sale of leaded aviation fuel from ALL equipment and storage tanks owned by the City, including those on the North side of the Airport, because of the well-documented health and safety issues posed by lead pollution.

We have communicated with the Council in the past about leaded aviation fuel (Avgas):

Health hazards associated with lead have been documented since the 1920s. In 1970, Congress adopted the Clean Air Act, which set a timetable for phasing out leaded gasoline.

In 1996, it was banned for use in new vehicles other than aircraft, racing cars, etc.

A recent study at an airport near San Jose showed that the use of leaded aviation fuel has resulted in an increase in blood lead levels in children on par with those detected in children during the peak of the Flint, Michigan water crisis.

You received a letter from Sunset Park resident Alice Ellis, who had also sent a letter to the Council in 2015 after receiving this in the mail:
“WARNING: The area within one kilometer of Santa Monica Airport contains lead, a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm. Lead is contained in the aviation fuel (aka “Avgas”) that is used by small piston engine aircraft that take off and land at this airport. People living, working, or traveling near this location will be exposed to lead.” Santa Monica Airport had been identified by the EPA as having some of the highest lead emissions among all airports nationally.

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Packet Pg. 12
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 2 Well, it’s now 2021, and SMO is still pumping a quarter million gallons of toxic leaded Avgas every year.

And there were nearly 60,000 landings and takeoffs by piston engine planes at SMO in the past year alone.

Clover Park and Hill & Dale Learning Center, serving infants and toddlers, is next to the runway.

The Growing Place Preschool in Marine Park, for ages 3 months to 6 years, is located under the departure flight path.

The Grant Elementary School playground lies within one kilometer of the Airport.

The sale of leaded fuel at SMO from city-owned tanks is inexcusable. Please make it stop! .
****************************************************************************************************************** In a message dated 2/3/2022 6:36:03 AM Pacific Standard Time, [email protected] writes:

Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and Council Members,

The Airport Commission recommends that City Council further clarify to staff your intent with November 23rd Item 13‐D, and that it was indeed to cease all storage, distribution, and sale of leaded fuel from ALL equipment and storage tanks owned by the City, including those on the North side.

The Airport Commission previously recommended, and Council agreed, that it was important that the City of Santa Monica stop facilitating the sale of leaded fuel at the airport because of the well‐ documented health and safety issues posed by lead pollution.

Based on this statement, and the discussion at our January 24, 2022 meeting, it appears that Staff intends at this time only to pursue the cessation and storage of leaded fuel at the South side of the airport. We ask you to clarify your original intentions with Staff, and our hope is that the City will continue to pursue all avenues possible towards eliminating the sale of leaded fuel from all City‐ owned equipment.
‐‐‐‐‐
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Packet Pg. 13
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 3 The above recommendation was unanimously approved (5‐0) at the January 24th Airport Commission meeting.

We very much appreciate your and Staff's efforts on this issue, and, as always, I'd be happy to answer any questions you might have.

Thanks so much,

Andrew Wilder
Chair, Airport Commission
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Packet Pg. 14
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: [email protected]
Sent: Saturday, February 5, 2022 11:07 AM
To: councilmtgitems; Gleam Davis; Kristin McCowan; Sue Himmelrich; Christine Parra; Lana Negrete; Oscar de la Torre; Phil Brock
Cc: [email protected]
Subject: Council: 2/8/22 item 1-C -- Extending the Atlantic Aviation lease -- aquifer protection

EXTERNAL
February 5, 2022

To: Mayor Himmelrich ad City Council members

From: Zina Josephs

RE: 2/822 agenda item 1-C -- Extending the Atlantic Aviation lease at SMO

1) In November 2021, staff was asked to show any agreements that would prevent the City from no longer using City-owned tanks for leaded fuel at Santa Monica Airport.

2) In January 2022, the City Manager briefly referred to the Consent Decree with the FAA, but he did not provide any specifics as to why the Consent Decree would prevent the City from no longer using City-owned tanks for leaded fuel at Santa Monica Airport.

3) Staff has not shown any documents, nor have they made any legal argument, as to why the City would need, or want to, continue enabling the sale of leaded fuel. If they have an argument in favor of the status quo, they should make it publicly, not only in Closed Session, and should allow for public comment. This should be done before any new lease agreement is signed with Atlantic Aviation.

4) The consent decree does not require the City to use the City-owned tanks for leaded fuel. It merely says the City cannot "restrict" the sale of leaded fuel.

5) The Grant Assurances required by the Consent Decree also do not require the City to use the City-owned tanks for selling leaded fuel.

6) There are hundreds of other general aviation airports that do not have any fuel service at all.

7) If Atlantic Aviation want to continue selling fuel, it can bring in its own above-ground tanks, which would also protect the aquifer under the Airport from potential leaks from the City-owned underground storage tanks.

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Packet Pg. 15
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: Katharine Dreyfuss <[email protected]>
Sent: Saturday, February 5, 2022 5:21 PM
To: councilmtgitems; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte; Stelios Makrides; Andrew Wilder Cc: Sue Himmelrich
Subject: City Council 2/8/22 Item 1-C: Atlantic Aviation Lease/Airport Commission Recommendation

EXTERNAL
Dear Council Members:

I support the request of the Friends of Sunset Park that you cancel the lease of City‐owned fuel tanks to Atlantic Aviation because of the toxicity of the leaded Avgas stored in those tanks and spread throughout the airport's environment by the airplanes who use that gas.

At the urging of airport workers and community members concerned about air quality and long term environmental and health impacts, the Los Angeles Board of Airport Commissioners has recently committed to transitioning to electric vehicles and onsite renewable energy production.

Such a strong move in support of a healthy environment should encourage smaller entities like Santa Monica to take the steps it can to remove known toxins from ours.

Please do not continue leasing our city's fuel tanks to a purveyor of toxic fuel.

Thank you for your consideration of my request.

Sincerely,
Kit Dreyfuss
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Packet Pg. 16
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: Gavin Scott <[email protected]>
Sent: Saturday, February 5, 2022 5:37 PM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte; Stelios Makrides; Andrew Wilder; [email protected]
Subject: City Council 2/8/22 Item 1-C - Atlantic Aviation Lease - Airport Commission Recommendation

EXTERNAL

Dear Mayor Himmelrich and Council Members,
As residents of Sunset Park my wife and I would like to urge you to end the storage and sale of leaded aviation fuel from ALL equipment and storage tanks owned by the City, including those on the North side of the Airport, because of the well-documented health and safety issues posed by lead pollution.

Please do whatever you can to save our children and grandchildren from this awful fate.

Yours sincerely,
Gavin and Nicola Scott
1801 Marine Street,
Santa Monica
CA 90405.

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Packet Pg. 17
Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: [email protected]
Sent: Friday, February 4, 2022 6:32 PM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte; Stelios Makrides; Andrew Wilder; [email protected]
Subject: Re: FOSP: City Council 2/8/22 Item 1-C - Atlantic Aviation Lease - Airport Commission Recommendation

EXTERNAL
P.S. We' re often warned by staff about the dangers of possibly violating the consent decree.

Question: Does the consent decree require the City to poison its own children with lead?

********************************************************************************************************* In a message dated 2/4/2022 6:21:46 PM Pacific Standard Time, [email protected] writes:

February 4, 2022

To: Mayor Himmelrich and City Council members
From: Board of Directors, Friends of Sunset Park
RE: 2/8/22 agenda item 1-C -- Atlantic Aviation Lease at Santa Monica Airport

The FOSP Board fully supports the letter below from Andrew Wilder, Chair of the Airport Commission.

We want to cease all storage, distribution, and sale of leaded aviation fuel from ALL equipment and storage tanks owned by the City, including those on the North side of the Airport, because of the welldocumented health and safety issues posed by lead pollution.

We have communicated with the Council in the past about leaded aviation fuel (Avgas):

Health hazards associated with lead have been documented since the 1920s. In 1970, Congress adopted the Clean Air Act, which set a timetable for phasing out leaded gasoline.

In 1996, it was banned for use in new vehicles other than aircraft, racing cars, etc.

You received a letter from Sunset Park resident Alice Ellis, who had also sent a letter to the Council in 2015 after receiving this in the mail:

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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 2 “WARNING: The area within one kilometer of Santa Monica Airport contains lead, a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm. Lead is contained in the aviation fuel (aka “Avgas”) that is used by small piston engine aircraft that take off and land at this airport. People living, working, or traveling near this location will be exposed to lead.”
Santa Monica Airport had been identified by the EPA as having some of the highest lead emissions among all airports nationally.

Well, it’s now 2021, and SMO is still pumping a quarter million gallons of toxic leaded Avgas every year. And there were nearly 60,000 landings and takeoffs by piston engine planes at SMO in the past year alone.

Clover Park and Hill & Dale Learning Center, serving infants and toddlers, is next to the runway.

The Growing Place Preschool in Marine Park, for ages 3 months to 6 years, is located under the departure flight path.

The Grant Elementary School playground lies within one kilometer of the Airport.

Dear Mayor Himmelrich, Mayor Pro Tem McCowan, and Council Members,

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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 3 It was the Airport Commission's understanding that the instructions to Staff were to address all City‐owned tanks, including those on the North side of the airport. However, at the January 11th Council meeting, the City Manager reported that "We are cautiously optimistic that the City would be able to transition the self‐serve fuel station that the City owns and operates on the South side of the airport from leaded aviation fuel to Swift UL 94 on or before April 1, 2022."
Based on this statement, and the discussion at our January 24, 2022 meeting, it appears that Staff intends at this time only to pursue the cessation and storage of leaded fuel at the South side of the airport. We ask you to clarify your original intentions with Staff, and our hope is that the City will continue to pursue all avenues possible towards eliminating the sale of leaded fuel from all City‐owned equipment.
‐‐‐‐‐
The above recommendation was unanimously approved (5‐0) at the January 24th Airport Commission meeting.

We very much appreciate your and Staff's efforts on this issue, and, as always, I'd be happy to answer any questions you might have.

Thanks so much,
Andrew Wilder
Chair, Airport Commission
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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: [email protected]
Sent: Monday, February 7, 2022 10:12 PM
To: councilmtgitems
Subject: Feb. 8, 2022 Item 1 - C Extending Atlantic Aviation Lease Terms

EXTERNAL
Dear Councilmembers,
The City as a leader in sustainable practices should not enable the sale of leaded fuel at SMO.

In keeping with that vision, I encourage councilmembers to direct staff and the City’s negotiators to NOT include City owned fuel storage tanks in the terms of a renewed lease agreement with Atlantic Aviation if they are to continue to sell leaded Avgas.

Cathy Larson
Sunset Park Resident
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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: Vivien Flitton <[email protected]>
Sent: Tuesday, February 8, 2022 9:51 AM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte
Subject: City Council 2/8/22 Item 1-C - Atlantic Aviation Lease - Airport Commission Recommendation

EXTERNAL
Dear Mayor Himmelrich, Mayor Pro Team McCowan and City Council Members, Please cease all storage, distribution, and sale of leaded aviation fuel from ALL equipment and storage tanks owned by the City, including those on the North side of the Airport, because of the well‐documented health and safety issues posed by lead pollution.

Please do all you can to protect residents, particularly our children.

Sincerely,
Vivien Flitton
Sunset Park
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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, February 8, 2022 11:18 AM
To: councilmtgitems
Subject: FW: Agenda item 1-C -- No more fuel tank leases for Atlantic Aviation From: Brodsky, Michael <[email protected]>
Sent: Sunday, February 6, 2022 3:28 PM
To: Council Mailbox <[email protected]>
Subject: Agenda item 1‐C ‐‐ No more fuel tank leases for Atlantic Aviation

EXTERNAL
Dear City Council,
It is time to end Atlantic Aviation leases of Santa Monica Airport City‐owned fuel tanks for the use of distributing dangerous Lead Avgas.

A quarter MILLION gallons of lead fuel is pumped at Santa Monica Airport and most of that lead, is dumped right back over people's homes and schools by the flight schools' repetitive pattern flying directly overhead.

Lead does not "evaporate" in the sky.

Every single gallon contains 2 grams of harmful lead ‐ that falls back to the ground.

Lead fuel is neither healthy, nor environmentally sustainable. It is toxic at any level.

It is time for the City to stop facilitating the distribution of toxic lead.

Sincerely,
Michael Brodsky
Santa Monica
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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 1 Vernice Hankins
From: Diane Reynolds (MFT) <[email protected]>
Sent: Tuesday, February 8, 2022 5:16 PM
To: councilmtgitems
Cc: Sue Himmelrich; Kristin McCowan; Gleam Davis; Phil Brock; Lana Negrete; Oscar de la Torre; Christine Parra; David White; Joseph Lawrence; Rick Valte; Stelios Makrides; Andrew Wilder; zinajosephs Subject: City Council 2/8/22 Item 1-C - Atlantic Aviation Lease

EXTERNAL
Dear Santa Monica City Council Members:

For the sake of our children, families, community, public health, environment, and climate, please STOP leasing fuel tanks to Atlantic Aviation, who in turn sells about a quarter million gallons of toxic leaded Avgas at SMO every year. Please get in front of this issue!
Over 25 years ago, on Jan 1, 1996, leaded gasoline was banned by the Clean Air Act.

It was approximately 20 months later, in late 1997, that I moved to Pier Ave—in a home immediately north of the west end of SMO. Soon after, I became pregnant with my second child, who was born in early 1999. This neuroatypical child (now a young adult) has struggled with chronic health issues, measurable learning challenges, neurological and mental health issues since birth.

My eldest child, whom I became pregnant with and raised for the first three years in north Santa Monica, had none of these issues. None.

Coincidence? I can’t be certain. But you should know that I have spent innumerable hours, days, weeks, months, years, and now decades wondering with pediatricians, neurologists, neuropsychologists, psychiatrists, and educational therapists, among many others, about how best to support this child in accessing needed services and resources in our public school system…and beyond. The multiple pollutants coming from SMO have crossed my mind as an identifiable risk factor during my pregnancy with this child (and beyond) many, many, many times. I became a specialist in infant‐ family early childhood mental health as a direct result of this experience of raising a neuroatypical child.

Residents living near SMO received this letter in 2015:

“WARNING: The area within one kilometer of Santa Monica Airport contains lead, a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm. Lead is contained in the aviation fuel (aka “Avgas”) that is used by small piston engine aircraft that take off and land at this airport. People living, working, or traveling near this location will be exposed to lead.”
Leaded avgas is one of the largest sources of lead in our air and children within 1 kilometer of an airport have been found to have profound neurological reactions adversely affecting their learning capacity, behavioral, academic achievement as well as causing damage to renal (kidney) and cardiovascular systems.
>> The residents of the City of Santa Monica deserve to have City Council Members willing to engage courageously in deep critical self‐reflection on the issue of continuing to allow the distribution of lead based fuels at SMO. <<
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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) 2 In another 5 or 10 years, you—and many others—will look back on this critical decision and wonder why it took as long as it did. Unfortunately, that will be far too late for my youngest child, now about to turn 23 years old.

Thank you in advance for your serious consideration of this issue—for all who have been impacted, are being impacted, and will continue to be impacted.

With appreciation for all that you do,
Diane
Diane Reynolds, LMFT, IFECMHS, RPF II
Infant‐Family Early Childhood Mental Health Specialist
Reflective Practice Training + Organizational Consultation Transformational Coaching for Individuals + Nonprofits
pronouns: she, her, hers
“Relationships are built at the speed of trust, and social change happens at the speed of relationships.” — Jennifer Bailey
Reflective Praxis Consulting
2401 Pier Avenue
Santa Monica, CA 90405
[email protected]
[email protected]
(310) 766‐2360
Lic# MFC34707
I acknowledge that I live and work on the traditional, ancestral, and unceded territory of the Kizh / Gabrielino peoples, the traditional caretakers of the ocean and land now known as the Los Angeles Basin, South Channel Islands, and Orange County, and I pay my respects to ancestors, elders, and relations, past, present, and emerging.

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Attachment: Written Comments [Revision 1] (4968 : Closed Session - Airport) City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Special Agenda Items Subject: City Manager Report
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 3.A
1 of 5
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Award Request for Proposal to Redcar Properties LTD and Authorize City Manager to Execute Contract for Property Management for Bergamot Station Arts Center
Recommended Action

1. Award RFP# 303 to Redcar Properties LTD for property management services for the Community Development Department;

Summary
Bergamot Station Arts Center (Bergamot), one of Santa Monica’s most prominent cultural arts assets includes a five-acre City-owned property. With the expiration of the Worthe Real Estate Group (Worthe) master ground lease in 2021, staff seeks Council authorization to enter into a professional services agreement for property management services with Redcar Properties LTD (Redcar) for up to five years at Bergamot property.

During that time, staff would seek Council direction regarding future redevelopment plans for Bergamot.

Discussion
Bergamot, located at 2525 Michigan Avenue, consists of City-owned and privatelyowned properties. The City-owned Bergamot property (Site) consists of five buildings totaling approximately 62,000 square feet that is leased to 30 galleries, creative tenants, a nonprofit theatre company, and a café at full lease up.

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The City purchased the Site in 1989 with transit funds with the goal the site could serve future transit needs, including providing a revenue source for the Department of Transportation (DOT). In 2013, the Site was designated as a Conservation - Arts Center District in the Bergamot Area Plan to help protect and preserve cultural uses at the Site and provide an affordable safe haven for the arts in Santa Monica. In 2016, the Expo Light Rail project was completed, including the Bergamot Station / 26th Street Light Rail Station that is adjacent to Bergamot at the corner of 26th Street and Olympic Boulevard.

The Bergamot complex also includes approximately 1.3 acres of privately-owned adjacent property with approximately 30,000 square feet of building space that houses galleries, other creative businesses, and a restaurant. The privately-owned portion is owned and managed by Redcar. The Site and building layout, as well as adjacent properties, are shown in the following Illustration 1.

Illustration 1 – Aerial Plan

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On June 13, 2017, Council authorized the City Manager to negotiate and execute an interim master ground lease for the Site with Worthe in anticipation of the Bergamot Station Arts Center redevelopment project and an Exclusive Negotiation Agreement (ENA) between Worthe and the City. The interim master ground lease granted Worthe exclusive use of the Site including property management responsibilities. The ENA and master ground lease expired in 2021 along with property management services when Worthe opted not to renew its master ground lease. Worthe has agreed to maintain only property management services for the Site through March 2022 while the City transitions property management services to a new property management firm.

The City’s goal is to expeditiously retain the best qualified property management firm to manage the operational needs of a creative arts complex.

Bidder Recommendation
Best Qualified Person/Firm Redcar Properties Ltd
Evaluation Criteria Experience / technical competence, conceptual plan and approach, quality control, cost of services, and stability and references.

Municipal Code SMMC 2.24.190
RFPs Received
Clear Blue Commercial Fertig and Gordon Companies Redcar Properties Ltd Rising Realty Partners Varsobia Property Management
and Realty Services, LLC
n/a
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
11/16/2021 City's Online
Bidding Site Santa Monica Daily Press 18 12/14/2021
Justification to Award
The proposals were reviewed by a selection panel consisting of staff from Cultural Affairs, Economic Development, and a representative of the Bergamot Station Arts Center Tenants Association. Evaluation was based on the following selection criteria:
experience / technical competence; conceptual plan and approach; quality control; cost of services; and operational stability and references. Based on these criteria, the selection panel unanimously voted for Redcar Properties LTD, and staff recommends Redcar as the best qualified team to property manage the Site. Redcar’s portfolio

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demonstrates vast experience with managing properties in Santa Monica and at Bergamot in particular. Since 2017, Redcar has owned and managed the privatelyowned portion of Bergamot which houses similar art and creative uses, and shares the fundamental understanding of the unique cultural dynamics of the Site. Additionally, Redcar is headquartered at the privately-owned portion of Bergamot which offers economies of scale for on-site supervision and shared services further unifying the publicly- and privately-owned properties. Redcar proposes property management fee of 3% of gross receipts with a minimum of $2,500 per month, and 3% of construction costs to oversee any construction / capital projects; the most competitive of all proposed fees.

Redcar’s tenant and professional references speak highly of its personnel, responsiveness, and steadfast standard of service.

At capacity, the Site would generate approximately $133,000 monthly in rent with common area maintenance (CAM) fees paid by the tenants to fund CAM expenses.

From this revenue source, $50,992 per month would be remitted to the DOT to cover the land rental cost as a condition of the original Site Purchase and Sale Agreement.

The balance would fund operating expenses, including and not limited to on-going maintenance, property management, accounting, and administrative fees. Net operating income would be reinvested into the Site to fund capital improvements and arts center programming.

Redcar proposes property management fee of 3% of gross receipts and capital improvement construction costs. Staff estimates up to $90,000 in property management fees per annum in the first two years of operation with future increases tied to the Consumer Price Index.

Description
Estimated
Amount
Estimated Fee at 3%
Year 1
Estimated Fee at 3%
Year 2
Annualized Gross Receipts $1,600,000 $48,000 $48,000
Capital Improvements $300,000 $9,000 $9,000
Collection of Deferred Rent $500,000 $15,000 $15,000
Pass-Through Expenses* $10,000 $10,000 $10,000
Sub-Total $82,000 $82,000

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10% Contingency $8,000 $8,000
Total Not to Exceed $90,000 $90,000
* Expenses include bank fees, property management software subscription, accounting, etc.

With Council authorization, staff would work with Redcar to schedule a meet-and-greet with Site tenants and to refine a schedule of services to include tenant feedback. Staff anticipates that the new property management contract would commence by April 1, 2022, to coincide with the expiration of the Interim Property Management Agreement with Worthe.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff would return to Council if specific budget actions are required in the future. Redcar as property manager would be responsible for collection of rent and payment of all management, operational, and capital improvement expenses directly to vendors, subject to City approval; remit monthly rent to the DOT Fund; and provide the City with monthly expenditure reports. Operational funds would be held in a Redcar / City joint account overseen by the City and subject to annual audits. Monthly revenues of $50,992 to DOT would be deposited into account 60600002.415950.

Prepared By: Ava Lee, Senior Development Analyst
Approved Forwarded to Council

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City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 3.B
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of Modification to Purchase Orders for Water Treatment Antiscalants & Cleaners
Recommended Action
Staff recommends that the City Council:

This would result in a revised purchase order total not to exceed $200,000, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica’s Arcadia Water Treatment Plant treats water through a series of processes to ensure a safe, reliable water supply for residents. One of these processes is reverse osmosis. The reverse osmosis treatment system at the Arcadia Water Treatment Plant uses antiscalant and cleaning chemicals to support its operation and deliver the greatest amount of potable water possible. Over the past 18 months staff has been working with the City’s authorized chemical suppliers (Avista and King Lee), to adjust the antiscalant chemical dosing, balancing increased chemical use with cost, to increase production efficiency and realize a net savings of up to $100,000 per year in operating costs for the Arcadia Water Treatment Plant. Staff recommends the City Council approve the modifications for purchase orders with both Avista and King

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Lee for supplies of the antiscalant and cleaning chemicals to meet the operational requirements for higher production efficiency at the Arcadia Water Treatment Plant.

Discussion
Reverse osmosis membranes filter out minerals, organic materials and salts, and require antiscalants and cleaning chemicals to prevent clogging of the membranes due to mineral scale, biological debris, and other buildup on membrane filter surfaces.

Without antiscalants and cleaners, water-processing efficiency would decrease due to clogged membranes and the expected five-year membrane lifespan would be shortened dramatically, requiring costly replacements.

Over the past 18 months, operations at the Arcadia Water Treatment Plant have increased its use of antiscalant chemicals to increase water production efficiency (i.e., percentage of how much clean, potable water is produced from raw groundwater produced from the groundwater aquifer) from 80-82% to 83%, resulting in savings in imported water purchase and sewer disposal costs by producing an additional 1% of water at the plant. For example, at 80% water production efficiency, the Arcadia Water Treatment Plant produces 80 gallons of high-quality drinking water for every 100 gallons of raw groundwater treated and 20 gallons is wasted as a concentrated salt stream.

In addition to optimizing existing operations, staff also use antiscalant chemicals to support pilot-scale testing of two new production efficiency enhancement technologies to upgrade the Arcadia Water Treatment Plant and, once completed in 2023, the fullscale upgrade will increase the production efficiency to 90% or greater. By increasing the production efficiency to 90%, the Arcadia Water Treatment Plant would be able to produce additional drinking water (e.g., for every 100 gallons of raw groundwater treated, 90 gallons of high-quality drinking water would be produced instead of the current 80 gallons) with the same amount of groundwater extracted to help maintain the sustainability of our local groundwater aquifers.

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Vendor Selection
In July 2018, the City issued Request for Proposals (RFP) #180 inviting vendors to submit proposals for antiscalant and cleaning chemicals. Avista Technologies was selected as the primary vendor and King Lee Technologies was selected as the secondary vendor. Purchase orders for both vendors were authorized by City Council on October 9, 2018.

Past Council Actions
Meeting Date Description
10/09/2018
(Attachment A)
Award of RFP #180 and authorization of purchase orders
with Avista Technologies & King Lee Technologies for the provision of water treatment antiscalants and cleaner
chemicals.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the amount of the purchase orders with Avista Technologies and King Lee Technologies for reverse osmosis antiscalants and cleaner chemicals to support water treatment. Future year funding is contingent on Council budget approval.

Purchase Order Modification Request
Purchase
Order #
Purchase
Order
Authorized
Amount
FY 2021-22
Budget
Modified
Request
Amount
Dept Account #
Future
Year
Amount
Total Revised
Contract
Amount
Avista Technologies
22200672 $475,000 $60,000 50500003.525081 $150,000 $685,000 King Lee Technologies
22200758 $100,000 $50,000 50500003.525081 $50,000 $200,000

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Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. October 9, 2018 Staff Report (Web Link)
B. Oaks Initiative (Avista)
C. Oaks Initiative (King Lee)

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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 a12- 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 establishedland 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 any12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any12- month period.

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

Avista Technologies, Inc.

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

David Walker, President and CEO
Gregory Leiser, Executive VP and CFO
Takefumi Shimoda, Executive VP
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
1RQH
Prepared by: Gregory Leiser Title: Executive VP and CFO Signature: Date: June 17, 2020
Email: [email protected] Phone: 760-744-0536
FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
egory Leiser
12/27/2021 July 25, 2021

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Attachment: Oaks Initiative (Avista) (4888 : Mod - Antiscalants & Cleaner Chemicals POs)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________ _______________________
Richard May Regional Account Manager
08/25/2021
[email protected] (858)693-4062
King Lee Technologies
Craig Netwig
None

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Attachment: Oaks Initiative (King Lee) (4888 : Mod - Antiscalants & Cleaner Chemicals POs) City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 3.C
1 of 4
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Approval of Third Lease Modification with JP Morgan Chase for 1333 Fourth Street Lease
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a lease modification with JP Morgan Chase to extend term from May 1, 2022 through April 30, 2026, providing a total of $4,022,120 in rental revenues during the four-year term.

Summary
JP Morgan Chase’s lease for the city-owned property at 1333 Fourth Street expires on April 30, 2022. This property is part of the 4th and Arizona project site. The City has no immediate plans to redevelop the site and any efforts to re-envision, plan and initiate an alternative project is anticipated to take four or more years to accomplish. There is an opportunity to extend the current lease extension through April 2026 which would align with the other bank lease at the site. The short-term extension will generate $4,022,120 in rental revenue while preserving future redevelopment opportunities.

Discussion
The City-owned property at 1333 Fourth Street (Property) is part of the 4th and Arizona project site and was originally acquired by the City’s Redevelopment Agency in 2010 as part of a land assemblage to form a redevelopment site consisting of nine contiguous parcels (Site) totaling 112,000 square feet (approximately 2.57 acres) bounded by 4th Street, 5th Street, and Arizona Avenue. The acquisition included two existing bank buildings (JP Morgan Chase and Bank of America) with active leases which the City

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inherited. The Site was previously approved by Council for a hotel/retail/office/open space development known as the “The Plaza” development, after a competitive RFP process; however, Council terminated the negotiations for The Plaza development in December 2020.

The proposed lease extension would align the JP Morgan Chase lease with the adjacent Bank of America lease on this larger project site. Staff believes that any effort to re-envision, plan and initiate an alternative project for this larger 4th and Arizona project site would take at least the next four years to do and therefore this lease extension does not hinder the City’s future options while preserving an important revenue stream.

This is a standard triple net lease. Under a triple net lease, the Tenant pays rent plus all three additional expenses of possessory interest taxes, insurance and maintenance costs. While triple net leases normally apply to long-term leases (e.g. 10 years or more), the Tenant acknowledges and agrees to the interim nature of its lease with the City. The extended term is limited to four-years, structured to align with the termination of the City’s lease agreement with neighboring tenant, Bank of America, at 1301 Fourth Street. Except for the new extended term and rental rates, the Original Lease and subsequent amendments (Exhibits 1-3) shall continue in full force and effect.

The Tenant will pay the City $4,022,120 in rental revenues, $1,005,530 annually, for the four-year term. The proposed rental rate is the same rental rate that the tenant currently pays. Currently, Downtown Santa Monica retail/ground floor office space has a 26% vacancy rate with average market rent of $6.35 per square foot per month. The lease extension would result in a monthly lease of $7.03 per square foot per month including subprime mezzanine space of 3,854 square feet for a building that may otherwise be challenging to lease due to bespoke fit-out of the bank space and the short-term lease requirements (under 5 years) due to pending redevelopment. Retaining the existing tenant represents a win-win for both parties as it guarantees $4 million in rental income that the City may otherwise not have and allows the Tenant to remain in its current location.

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The Property is subject to the California Surplus Land Act (SLA) pursuant to Government Code 54220 et seq. The SLA governs the sale of surplus lands and requires local agencies to prioritize opportunities for certain uses including affordable housing development for any land the entity may sell or lease. Under the Surplus Land Act, the City must follow a specific statutory noticing and negotiation period with certain designated entities, including eligible housing sponsors defined by the California Department of Housing and Community Development (HCD).

At its meeting on March 23, 2021, the City Council adopted a resolution declaring 1333 Fourth Street as surplus land and authorized the City Manager to submit the report of declared surplus land and exempt surplus land as part of the Annual Report to HCD by April 1, 2021. However, since that declaration, HCD has clarified in their final regulations that short term leases of less than five years do not qualify as “disposition of surplus land” within the meaning of the SLA. Therefore, the City does not need to comply with the noticing procedures of the SLA prior to entering into negotiations or executing the proposed short-term lease with Chase Bank.

Past Council Actions
Meeting Date Description
5/11/2010 (Attachment A) Acquisition of Property at 1301 – 1333 Fourth Street 3/22/2011 (Attachment B) JP Morgan Chase (1333 Fourth Street) Lease Modification
3/23/2021 (Attachment C) Adoption of a Resolution of Inventory of City-Owned Properties Subject to the Surplus Lands Act
Financial Impacts and Budget Actions
The FY 2021-22 budget includes lease revenues from JP Morgan Chase of $837,942, for 10 months. Under the proposed lease extension, the twelve-month revenue will be $1,005,530. The additional $167,588 in FY 2021-22 revenues will be deposited in the General Fund, account 01700014.414000. The FY 2022-23 revenue adjustment will be included in the FY 2022-23 Exception-Based budget.

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Prepared By: Nia Tang, Senior Development Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A: Acquisition of Property at 1301–1333 Fourth Street (Web Link) B. Attachment B: JP Morgan Chase (1333 Fourth Street) Lease Modification (Web Link)
C. Attachment C: Adoption of a Resolution of Inventory of City-Owned Properties Subject to the Surplus Lands Act (Web Link)
D. Exhibit 1 - 1333 4th St. Lease
E. Exhibit 1.a - 1333 4th St Lease - Addendum 2006
F. Exhibit 1.b - 1333 4th St Lease - Assignment 2008
G. Exhibit 2 - 1333 4th St. Lease - 1st Amendment
H. Exhibit 3 - 1333 4th St. Lease - 2nd Amendment
I. Written Comment

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Attachment: Exhibit 2 - 1333 4th St. Lease - 1st Amendment (4959 : 1333 Fourth Street Lease - Third Amendment)

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Attachment: Exhibit 3 - 1333 4th St. Lease - 2nd Amendment (4959 : 1333 Fourth Street Lease - Third Amendment) 1 Vernice Hankins
From: Clerk Mailbox
Sent: Sunday, February 6, 2022 3:51 PM
To: councilmtgitems
Subject: FW: Item 3C on Council Agenda for February 8
‐‐‐‐‐Original Message‐‐‐‐‐
From: Stanley H Epstein <[email protected]>
Sent: Sunday, February 6, 2022 10:36 AM
To: Clerk Mailbox <[email protected]>; David White <[email protected]>; [email protected]; Joseph Lawrence <[email protected]>; Sue Himmelrich <[email protected]>; [email protected]; Phil Brock <[email protected]>; Gleam Davis <[email protected]>; Oscar de la Torre <[email protected]>; Lana Negrete <[email protected]>
Subject: Item 3C on Council Agenda for February 8

EXTERNAL
Dear Gentlemen and Ladies. Thank you to the City Manager, Attorney, and Clerk for posting Friday the crucial Addendum to the Chase bank lease that had been omitted on Wednesday. Perhaps the City Manager and Council will consider measures to stop future separations of portions of important documents. The Lease was skillfully negotiated and drafted in 2006 by real estate executives and lawyers for the several property owners at that time, and for Washington Mutual, the predecessor in interest of JP Morgan Chase. However, in the Original Lease and in the two Amendments thereafter,and in David Martin’s Staff Report, there are a few important problems. First is a question of a non‐legal nature, which is the rent amount during all of the 4 year period.The annual rent is the same as the current annual rent of $1,005,530, or $4,022, 120 for the entire 4 years.The sole justification provided by David Martin is that “ Currently, Downtown Santa Monica retail/ground floor office space has a ….average market rent of $6.35 per square foot per month. The lease extension would result in a monthly lease of $7.03 per square foot per month” I find several deficiencies in this analysis. David omits the number of square feet in the exclusive use area provided to the tenant of 34 parking spaces in his rent calculation per square foot. Clearly wrong. He says nothing about the fact that the property is owned by the City, and therefore I believe there are no real estate taxes that usually are paid by all net, net lease tenants. He says nothing about the fact that many retail tenants pay percentage rent in addition to basic rent , whereas Chase does not. Finally, average rents in Downtown is not particularly meaningful. Location,Location. If the rent should be 25% more, that would mean $1 Million over the extended term more, which could pay for a year of much needed cops or Code Enforcement people. I think no one at the Council meeting is a sufficient expert in relevant rental values, and respectfully suggest the City hire a consultant simply to recommend and perhaps negotiate an appropriate fair rent for the extended term. The lease allows the premises to be used for any lawful purpose by any affiliated entity or by any unaffiliated assignee. Approval rights to an assignment are very liberal and the City can be successfully sued if it fails unreasonably to give consent. I suggest the City limit the permitted uses or prohibit undesirable but legal uses. The S.M. City Attorney’s office made a drafting error in the 2016 Second Amendment to Lease. It allowed the skilled real estate lawyer for Chase to slip in a clause stating that “ For purposes of the Lease, the definition of Term provided in Section 1.3 of the Original Lease shall be deemed to include the Extended Term and any FUTURE( caps are mine) renewal Term for which Tenant timely and properly exercises its option.” There is another provision incorporating all provisions of the original agreement except the rent and lease term. Bottom line is that a Third Amendment must clearly say there is no future option period! I understand there are issues related to homeless people in the adjoining parking areas ,which are Chase’s responsibility, and near the building The City might consider whether it should provide

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Packet Pg. 101 Attachment: Written Comment (4959 : 1333 Fourth Street Lease - Third Amendment) 2 in the lease specifically with regard to that type of issue. Finally, Council should feel comfortable that future development possibilities will not be curtailed by the lease of the building or the provisions relating to the exclusive use of the parking areas. Sincerely, Stanley H. Epstein

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Packet Pg. 102 Attachment: Written Comment (4959 : 1333 Fourth Street Lease - Third Amendment) City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 3.D
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To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Making Findings Required by AB 361 Relating to Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through March 10, 2022.

Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act’s limitations on such meetings, while a state of emergency resulting from the COVID-19 pandemic remains active and state or local officials have imposed or recommended measures to promote social distancing.

Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (citations are to the Government Code). Both these conditions are presently satisfied. The Governor’s State of Emergency Declaration, issued on March 4, 2020, and the City’s declaration of a local emergency issued March 13, 2020, as

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supplement and modified, remain in place and have not been lifted. And, the Los Angeles County Department of Public Health continues to recommend social distancing as one measure to reduce the spread of COVID-19.

Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3).

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows: (1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option; (2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; (3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option); (4) the public must be able to attend the meeting via call-in option or internet-based service option; (5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internetbased service option, the legislative body shall take no further action on items

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appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and (7) where, as in Santa Monica, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).

In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the Los Angeles County Department of Public Health of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to initially invoke AB 361. Doing so will allow City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference after the February 8, 2022, City Council meeting through March 10, 2022, without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply. The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings conducted after February 8, 2022, similarly comply with the requirements of AB 361. Continued reliance on AB 361 will require the Council to adopt a new resolution making required findings every 30 days.

Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2021-22 budget.

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Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:

A. RES-AB361 Findings-2.8.22

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1 City Council Meeting: February 8, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361

TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE

MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make

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Packet Pg. 107 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 2 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2021 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, 2020, and December 15, 2020, and January 26, March 23, effective May 22, July 13, August 24, 2021, October 26, 2021,and December 7, 2021, with the result that the proclamation of a local emergency based on the COVID19 pandemic remains in place; and WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; the most recent Health Officer Order, issued

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Packet Pg. 108 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 3 September 17, 2021, states that all individuals and business are strongly urged to follow the LACDPH Best Practice Guidance, containing health and safety recommendations for COVID-19; the LACDPH Best Practice Guidance for individuals titled “COVID-19:

Reducing Risk, Keeping Safe & Preventing Spread,” in a section titled “How to Reduce the Risk of COVID-19,” states “Keep your distance. Use two arms lengths as your guide (about 6 feet) for social distancing with people outside your household when you are not sure they are fully vaccinated”; and the LACDPH Best Practices to Prevent COVID-19, Guidance for Businesses and Employers, in a section titled “Maintain healthy business operations,” recommends implementation of policies and practices that support physical distancing, stating, “Whenever possible, take steps to reduce crowding indoors and enable employees and customers to physically distance from each other. Generally, at least 6 feet of distance (2 arm lengths) is recommended, although this is not a guarantee of safety, especially in enclosed or poorly ventilated spaces.”; and
WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WEHREAS, Paragraph 3 of Executive Order N-29-20, issued by the Governor on March 17, 2020, among other things, suspended the Brown Act requirements for

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Packet Pg. 109 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 4 teleconferencing, provided that notice and accessibility requirements were met, the public was allowed to observe and address the legislative body at the meeting, and the legislative body had a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, specifying that this suspension would remain in place during the period in which state or local public health officials have imposed or recommended social distancing measures; and WHEREAS, paragraph 42 of Executive Order N-08-21, issued by the Governor on June 11, 2021, withdrew and replaced paragraph 3 of Executive Order N-29-20’s suspension of the Brown Act requirements for teleconferencing with a similar suspension of those requirements that it specified would remain in place only through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which

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Packet Pg. 110 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 5 members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and
WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those

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Packet Pg. 111 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 6 findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, on September 20, 2021, to avoid potential conflict between AB 361 and Executive Order N-08-21, the Governor signed Executive Order N-15-21, which specifies that Executive Order N-08-21 continues to govern meetings of local legislative bodies through September 30, 2021; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, and January 11, 2022, the City Council adopted Resolution Numbers 11362, 11378, 11384, 11390, and 11393 respectively, which made the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and
WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County public health officials of measures to promote social distancing, and the imminent risks to the health of safety of attendees at meetings conducted in person, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.

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Packet Pg. 112 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.

SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.

SECTION 3. The City Council finds that, as a result of the emergency resulting from the COVID-19 pandemic, in-person meetings of the City Council, or City Boards, Commissions, or Task Forces, would present imminent risks to the health and safety of attendees, including in particular, members of the public attending such meetings.

SECTION 4. As a result of the findings in Sections 1 through 3 above, the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).

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

3.D.a
Packet Pg. 113 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) 8 declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

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

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

3.D.a
Packet Pg. 114 Attachment: RES-AB361 Findings-2.8.22 (4969 : AB 361 Findings Re: Teleconference) Housing Authority
Parking Authority
Report
City Council Meeting: February 8, 2022
Agenda Item: 3.E
1 of 1
To: Housing Authority, Parking Authority
From: Denise Anderson-Warren, City Clerk, Records and Election Services Department
Subject: Approval of minutes for Housing and Parking Authority meetings Recommended Action
Staff recommends that the:

1. Housing Authority approve the minutes of the October 26, 2021 and November 23, 2021 meetings; and

2. Parking Authority approve the minutes of the October 26, 2021 meeting.

Prepared By: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. October 26, 2021 Housing Authority Minutes
B. November 23, 2021 Housing Authority Minutes
C. October 26, 2021 Parking Authority Minutes

3.E
Packet Pg. 115
October 26, 2021
1 (NOT APPROVED)

CITY OF SANTA MONICA

HOUSING AUTHORITY MEETING MINUTES
OCTOBER 26, 2021
A special meeting of the Santa Monica Housing Authority was called to order by Chair Himmelrich at 10:13 p.m., on Tuesday, October 26, 2021, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Sue Himmelrich
Vice Chair Kristin McCowan
Commissioner Phil Brock
Commissioner Gleam Davis
Commissioner Oscar De La Torre
Commissioner Christine Parra

Absent: Commissioner Lana Negrete
Also Present: Secretary David White
Interim Authority Attorney Joseph Lawrence
Authority Clerk Denise Anderson-Warren
CONVENE On order of the Chair, the Housing Authority convened to a special joint meeting with the City Council and Parking Authority at 10:13 p.m., Authority/Councilmember Negrete absent.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Authority Clerk Denise Anderson-Warren announced that members will receive $50 in compensation for meeting as the Housing Authority and $50 for meeting as the Parking Authority.

STAFF

ADMINISTRATIVE
ITEMS:

BUDGET
Commissioner Negrete
returned at 10:15 p.m.

8.A. Fiscal Year 2020-21 Year-End Budget, was presented.

Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Approve changes to the FY 2020-21 Revised Budget as detailed in Attachment A;

2. Approve changes to the FY 2021-23 Adopted Budget, as detailed in Attachment B.

Staff also recommends that the City Council:

1. Review the City’s year-end financial status;

2. Adopt Resolution No. 11379 (CCS) entitled “A RESOLUTION

3.E.a
Packet Pg. 116 Attachment: October 26, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2021
2 OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ESTABLISHING NEW CLASSIFICATIONS, REVISING

EXISTING CLASSIFICATION SPECIFICATIONS, REVISING

JOB TITLES, AND ADOPTING SALARY RATES FOR

ENVIRONMENTAL REMEDIATION COORDINATOR, FIELD

INSPECTOR I, FIELD INSPECTOR II, PROCESS ENGINEER,

REAL ESTATE PROPERTY MANAGER, SENIOR WATER

PRODUCTION AND TREATMENT PLANT OPERATOR,

SENIOR WATER RESOURCES PROTECTION SPECIALIST,

UNDERGROUND UTILITY SAFETY COORDINATOR,

WASTEWATER COLLECTIONS WORKER I, WASTEWATER

COLLECTIONS WORKER II, WASTEWATER CREW

LEADER, WASTEWATER SUPERVISOR, WATER CREW

LEADER, WATER DISTRIBUTION SUPERVISOR, WATER

MAINTENANCE WORKER I, WATER MAINTENANCE

WORKER II, WATER PRODUCTION AND TREATMENT

ADMINISTRATOR, WATER PRODUCTION AND

TREATMENT PLANT OPERATOR I, WATER PRODUCTION

AND TREATMENT PLANT OPERATOR II, WATER

PRODUCTION AND TREATMENT PLANT SUPERVISOR,

WATER QUALITY ANALYST I, WATER QUALITY

ANALYST II, WATER RESOURCES PROTECTION

PROGRAM COORDINATOR, WATER RESOURCES

PROTECTION SPECIALIST, WATER RESOURCES

SPECIALIST, WATER RESOURCES TECHNICIAN, WATER

UTILITY WORKER I, WATER UTILITY WORKER II, AND
WATER/WASTEWATER ADMINISTRATOR”;

3. Approve the position and classification changes (Attachment D);

4. Adopt Resolution No. 11380 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

REVISING THE CITY'S MASTER USER FEE SCHEDULE TO

ESTABLISH AND REVISE CERTAIN FEES AND CHARGES

IN THE COMMUNITY DEVELOPMENT AND COMMUNITY
SERVICES DEPARTMENTS; DEPARTMENT OF
TRANSPORTATION; FIRE AND PUBLIC WORKS
DEPARTMENTS”; and

5. Adopt Resolution No. 11381 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

REVISING CREDIT CARD AND DEBIT CARD
CONVENIENCE FEES FOR UTILITY PAYMENTS”.

Member of the public Denise Barton, Jonathan Foster and Olga Zurawska, spoke to the recommended action.

3.E.a
Packet Pg. 117 Attachment: October 26, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2021
3 Questions asked and answered of staff included: what projects are being considered when you talk about Social Justice; is it correct that racial justice is not determined by one group; how is the distribution of funds determined and how is the pie split up for social justice funding; can we give free parking to residents on the beach, if they already have a parking permit, would that be possible; how do we make the city safer, and where’s the money for public safety; on the Landmark fee, is there a way that the fee can be paid by the party who is asking for the landmark consideration; are the convenience fees on credit cards able to be waived if the person has a hardship; is there any talk about blue boxes on the beaches as part of the safer Santa Monica; any consideration to have a P.A. system on the Pier; where are we with repayment for rent abatement for tenants on city property; what specific grants are we expecting under the American Rescue Plan Act (ARPA) plan; will we be able to access future monies for infrastructure as well; if we were to receive additional funding between now and February, how will that money be used; what is the update on the $400K fund on the Department of Health Services (DHS) van; where can people find out more about the rent abatement extensions; how do the housing vouchers work, and how many are there comparing this year to last year; and what is causing the increase other than the new 20 units for Veterans Supportive Housing; and, where can the public find the details of the Housing Authority reserved funds and what laws control these funds.

Considerable discussion ensued on topics including, but not limited to:
use one-time funds towards public safety in order to prepare for the increase of visitors for upcoming large events in the city; one-time fund for sanitation street cleaning in front of businesses; repair the blue phone boxes on beach; activate the Sub-Station on the beach; and use any funds for boots on the ground.

Motion by Chair/Mayor Himmelrich, seconded by Chair/Mayor Pro Tem McCowan, to approve changes to the FY 2020-21 Revised Budget as detailed in Attachment A. The motion was approved by the following vote:

AYES: Authority/Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Chair/Mayor Pro Tem McCowan, Chair/Mayor
Himmelrich
NOES: None
ABSENT: None
Motion by Chair/Mayor Pro Tem McCowan, seconded by Chair/Mayor Himmelrich, approve changes to the FY 2021-23 Adopted Budget, as detailed in Attachment B. The motion was approved by the following vote:

3.E.a
Packet Pg. 118 Attachment: October 26, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2021
4 AYES: Authority/Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Chair/Mayor Pro Tem McCowan, Chair/Mayor
Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to adopt a Resolution No. 11379 (CCS) establishing new classifications and adopting salary rates for various listed positions (Attachment C); and approve the position and classification changes (Attachment D). The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to adopt Resolution No. 11380 (CCS) revising the City’s master fee schedule to establish and revise certain user fees and charges (Attachment E). The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember de la Torre
ABSENT: None
Councilmember de la Torre stated for the record his no vote was because he wants to make sure that we have a robust discussion on how we might decrease our parking fees for those residents who have already paid for parking permits that want to access the beach.

Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to adopt Resolution No. 11381 (CCS) changing the fee charged for credit card and debit card transactions for utility payments (Attachment F). The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

3.E.a
Packet Pg. 119 Attachment: October 26, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2021
5 Motion by Councilmember Davis, seconded by Councilmember Brock, to direct staff to examine the budget in its current state to search for $1 million that can be used for upgrades to public safety and cleanliness in the community. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
MINUTES 8.B. Minutes for Housing and Parking Authority meetings, were presented.

Recommended Action
Staff recommends that the:

1. Housing Authority approve the minutes of the June 22, 2021 meeting; and

2. Parking Authority approve the minutes of the June 22, 2021 meeting.

The Clerk stated for the record a correction to the Special meeting minutes to remove Councilmember Negrete’s name from attendance, because she was not appointed until the June 29, 2021 meeting.

There was no public comment on this item.

Motion by Chair/Mayor Himmelrich, seconded by
Authority/Councilmember Davis, to approve the staff recommendation, as amended. The motion was approved by the following vote:

AYES: Authority/Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Chair/Mayor Pro Tem McCowan, Chair/Mayor
Himmelrich
NOES: None
ABSENT: None
ADJOURNMENT: On order of the Chair, the special Housing Authority meeting was adjourned at 11:37 p.m., with all members present.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich

3.E.a
Packet Pg. 120 Attachment: October 26, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2021
6 Authority Clerk Chair

3.E.a
Packet Pg. 121 Attachment: October 26, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) November 23, 2021
1 (NOT APPROVED)

CITY OF SANTA MONICA

HOUSING AUTHORITY MEETING MINUTES
NOVEMBER 23, 2021
A special meeting of the Santa Monica Housing Authority was called to order by Chair Himmelrich at 10:10 p.m., on Tuesday, November 23, 2021, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Sue Himmelrich
Vice Chair Kristin McCowan
Commissioner Phil Brock
Commissioner Lana Negrete
Commissioner Oscar De La Torre
Commissioner Christine Parra

Absent: Commissioner Gleam Davis
Also Present: Secretary David White
Interim Authority Attorney Joseph Lawrence
Authority Clerk Denise Anderson-Warren
CONVENE On order of the Chair, the Housing Authority convened to a special joint meeting with the City Council at 10:10 p.m., with Commissioner Davis absent.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Authority Clerk Anderson-Warren announced that members will receive $50 in compensation for meeting as the Housing Authority.

STAFF

ADMINISTRATIVE
ITEMS:

HOUSING VOUCHERS

8.A. Emergency Housing Voucher Implementation, was presented.

Recommended Action
Staff recommends that the Housing Authority Board approve the proposed revisions to the Housing Authority 2021-22 Administrative Plan (Attachment A) to implement the new Emergency Housing Voucher program, incorporate minor revisions supporting opportunities for longerterm residents and people experiencing homelessness, and clarify policy regarding reasonable accommodations, voucher size reductions, and moving.

Staff recommends that the City Council approve the FY 2021-23 budget

3.E.b
Packet Pg. 122 Attachment: November 23, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) November 23, 2021
2 and position changes described in the Financial Impact and Budget Action section of this report, to provide support for the administration and operation of new and existing affordable housing programs.

Members of the public Lynn Cervini, Olga Zurawaska and Denise Barton spoke to the recommendation.

Questions asked and answered of staff included: is there a dedicated American Disabilities Act (ADA) staff person to handle citywide issues; if a housing applicant has an ADA issue, would the ADA staff person in Finance assist the applicant; within the Housing staff, are people trained to assist people with related ADA issues; can a list of all of the affordable units in Santa Monica be placed somewhere online and available for the public, or a list of who is on the list and where applicants fall on the list; would it be possible to rehire staff that was previously laid off, and would that expedite the employment process; by hiring full-time employees, is it going to expeditiously increase the time people are on the waitlist; what are the specific duties of this position, and how is it going to help expedite the list; any idea how this is going to look cost wise, even though it’s using Federal funds; is there any possibility if there is an increase in GSH funds, that a new permanent Administrator position could be added; is it effective to go from having one Housing Manager to combining the role into Human Services; are we able to do everything we need to do under the current management structure; does the Federal government require a dedicated ADA Coordinator in housing; do we have a person on the Housing Authority who meets the houseless, homeless requirement; does that person who meets the continuum of care requirement have an opportunity to express their issues to the City Council; is there data to show that most of the housing vouchers are steered into the Pico neighborhood; would we get more vouchers, if we set different standards; what’s the average tenure of a voucher holder; and, should there be a homeless person on the Housing Authority board.

Considerable discussion ensued on topics including, but not limited to, that it would be helpful to have frequently asked questions posted online showing the services the Housing division provides.

Motion by Vice Chair McCowan, seconded by Commissioner Negrete, to approve the proposed revisions to the Housing Authority 2021-22 Administrative Plan. The motion was approved by the following vote:

AYES: Commissioners de la Torre, Brock, Negrete, Parra, Vice Chair McCowan, Chair Himmelrich, HAB Tenant
Representative Cochran

3.E.b
Packet Pg. 123 Attachment: November 23, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) November 23, 2021
3 NOES: None
ABSENT: Commissioner Davis, HAB Representative Brown
Motion by Mayor Pro Tem McCowan, seconded by Councilmember Negrete, to approve the FY 2021-23 budget and position changes described in the Financial Impact and Budget Action Report. The motion was approved by the following vote:

AYES: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Davis
ADJOURNMENT: On order of the Chair, the special Housing Authority meeting was adjourned at 11:07 p.m., with Commissioner Davis absent.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
Authority Clerk Chair

3.E.b
Packet Pg. 124 Attachment: November 23, 2021 Housing Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2022
1 (NOT APPROVED)

CITY OF SANTA MONICA

PARKING AUTHORITY MEETING MINUTES
OCTOBER 26, 2021
A special meeting of the Santa Monica Parking Authority was called to order by Chair Himmelrich at 10:13 p.m., on Tuesday, October 26, 2021, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Sue Himmelrich
Chair Pro Tem Kristin McCowan
Agency Member Phil Brock
Agency Member Gleam Davis
Agency Member Oscar De La Torre
Agency Member Christine Parra

Absent: Agency Member Lana Negrete
Also Present: Executive Director David White
Interim Agency Attorney Joseph Lawrence
Agency Secretary Denise Anderson-Warren
CONVENE On order of the Chair, the Parking Authority convened to a special joint meeting with the City Council and Housing Authority at 10:13 p.m., with Agency Member Negrete absent.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Agency Secretary Anderson-Warren announced that members will receive $50 in compensation for meeting as the Parking Authority.

STAFF

ADMINISTRATIVE
ITEMS:

BUDGET
Agency Member Negrete
returned at 10:15 p.m.

8.A. Fiscal Year 2020-21 Year-End Budget, was presented.

Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Approve changes to the FY 2020-21 Revised Budget as detailed in Attachment A;

2. Approve changes to the FY 2021-23 Adopted Budget, as detailed in Attachment B.

Staff also recommends that the City Council:

3.E.c
Packet Pg. 125 Attachment: October 26, 2021 Parking Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2022
2 1. Review the City’s year-end financial status;

2. Adopt Resolution No. 11379 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA

ESTABLISHING NEW CLASSIFICATIONS, REVISING

EXISTING CLASSIFICATION SPECIFICATIONS, REVISING

JOB TITLES, AND ADOPTING SALARY RATES FOR

ENVIRONMENTAL REMEDIATION COORDINATOR,

FIELD INSPECTOR I, FIELD INSPECTOR II, PROCESS

ENGINEER, REAL ESTATE PROPERTY MANAGER,

SENIOR WATER PRODUCTION AND TREATMENT PLANT

OPERATOR, SENIOR WATER RESOURCES PROTECTION

SPECIALIST, UNDERGROUND UTILITY SAFETY

COORDINATOR, WASTEWATER COLLECTIONS

WORKER I, WASTEWATER COLLECTIONS WORKER II,

WASTEWATER CREW LEADER, WASTEWATER

SUPERVISOR, WATER CREW LEADER, WATER

DISTRIBUTION SUPERVISOR, WATER MAINTENANCE

WORKER I, WATER MAINTENANCE

WORKER II, WATER PRODUCTION AND TREATMENT

ADMINISTRATOR, WATER PRODUCTION AND

TREATMENT PLANT OPERATOR I, WATER

PRODUCTION AND TREATMENT PLANT OPERATOR II,

WATER PRODUCTION AND TREATMENT PLANT

SUPERVISOR, WATER QUALITY ANALYST I, WATER

QUALITY ANALYST II, WATER RESOURCES

PROTECTION PROGRAM COORDINATOR, WATER

RESOURCES PROTECTION SPECIALIST, WATER

RESOURCES SPECIALIST, WATER RESOURCES

TECHNICIAN, WATER UTILITY WORKER I, WATER

UTILITY WORKER II, AND WATER/WASTEWATER
ADMINISTRATOR”;

3. Approve the position and classification changes (Attachment D);

4. Adopt Resolution No. 11380 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA REVISING THE CITY'S MASTER USER FEE

SCHEDULE TO ESTABLISH AND REVISE CERTAIN FEES

AND CHARGES IN THE COMMUNITY DEVELOPMENT
AND COMMUNITY SERVICES DEPARTMENTS;
DEPARTMENT OF TRANSPORTATION; FIRE AND PUBLIC
WORKS DEPARTMENTS”; and

5. Adopt Resolution No. 11381 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA REVISING CREDIT CARD AND DEBIT CARD

3.E.c
Packet Pg. 126 Attachment: October 26, 2021 Parking Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2022
3 CONVENIENCE FEES FOR UTILITY PAYMENTS”.

Member of the public Denise Barton, Jonathan Foster and Olga Zurawska, spoke to the recommended action.

Questions asked and answered of staff included: what projects are being considered when you talk about Social Justice; is it correct that racial justice is not determined by one group; how is the distribution of funds determined and how is the pie split up for social justice funding; can we give free parking to residents on the beach, if they already have a parking permit, would that be possible; how do we make the city safer, and where’s the money for public safety; on the Landmark fee, is there a way that the fee can be paid by the party who is asking for the landmark consideration; are the convenience fees on credit cards able to be waived if the person has a hardship; is there any talk about blue boxes on the beaches as part of the safer Santa Monica; any consideration to have a P.A. system on the Pier; where are we with repayment for rent abatement for tenants on city property; what specific grants are we expecting under the American Rescue Plan Act (ARPA) plan; will we be able to access future monies for infrastructure as well; if we were to receive additional funding between now and February, how will that money be used; what is the update on the $400K fund on the Department of Health Services (DHS) van; where can people find out more about the rent abatement extensions; how do the housing vouchers work, and how many are there comparing this year to last year; and what is causing the increase other than the new 20 units for Veterans Supportive Housing; and, where can the public find the details of the Housing Authority reserved funds and what laws control these funds.

AYES: Authority/Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Chair/Mayor Pro Tem McCowan,
Chair/Mayor Himmelrich

3.E.c
Packet Pg. 127 Attachment: October 26, 2021 Parking Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2022
4 NOES: None
ABSENT: None
Motion by Chair/Mayor Pro Tem McCowan, seconded by Chair/Mayor Himmelrich, approve changes to the FY 2021-23 Adopted Budget, as detailed in Attachment B. The motion was approved by the following vote:

AYES: Authority/Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Chair/Mayor Pro Tem McCowan, Chair/Mayor
Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Himmelrich, seconded by Mayor Pro Tem McCowan, to adopt a Resolution No. 11379 (CCS) establishing new classifications and adopting salary rates for various listed positions (Attachment C); and approve the position and classification changes (Attachment D).

The motion was approved by the following vote:

Motion by Mayor Pro Tem McCowan, seconded by Mayor Himmelrich, to adopt Resolution No. 11381 (CCS) changing the fee charged for

3.E.c
Packet Pg. 128 Attachment: October 26, 2021 Parking Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2022
5 credit card and debit card transactions for utility payments (Attachment F). The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Davis, seconded by Councilmember Brock, to direct staff to examine the budget in its current state to search for $1 million that can be used for upgrades to public safety and cleanliness in the community. The motion was approved by the following vote:

Recommended Action
Staff recommends that the:

1. Housing Authority approve the minutes of the June 22, 2021 meeting; and

2. Parking Authority approve the minutes of the June 22, 2021 meeting.

The Clerk stated for the record a correction to the Special meeting minutes to remove Councilmember Negrete’s name from attendance, because she was not appointed until the June 29, 2021 meeting.

There was no public comment on this item.

Motion by Chair/Mayor Himmelrich, seconded by
Authority/Councilmember Davis, to approve the staff recommendation, as amended. The motion was approved by the following vote:

AYES: Authority/Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Chair/Mayor Pro Tem McCowan,
Chair/Mayor Himmelrich
NOES: None
ABSENT: None

3.E.c
Packet Pg. 129 Attachment: October 26, 2021 Parking Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) October 26, 2022
6 ADJOURNMENT: On order of the Chair, the Parking Authority meeting was adjourned at 11:37 p.m., with all members present.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
Agency Secretary Chair

3.E.c
Packet Pg. 130 Attachment: October 26, 2021 Parking Authority Minutes [Revision 1] (4972 : HA & PA Minutes-Keep w/ Budget Item (1 min)) 1 January 11, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JANUARY 11, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:31 p.m., on Tuesday, January 11, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/pfqutucg Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:31 p.m., with all members present.

CLOSED SESSIONS
Councilmember de la
Torre was excused at
5:37 p.m.

Councilmember de la
Torre returned at 5:50
p.m.

No members of the public provide public comment on closed sessions.

On order of the Mayor, the City Council recessed at 5:37 p.m., to consider closed sessions and returned at 7:35 p.m., with all members present, except Councilmember Parra to report the following:

1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1):

Barbara Williams v. City of Santa Monica, Los Angeles Superior Court, Case No. BC701903
The Interim City Attorney advised this lawsuit arose out of an incident that occurred on November 10, 2017, when plaintiff, Barbara Williams, then age 52, tripped on a parkway tree root after exiting her vehicle near 212 San Vicente Blvd. Ms. Williams claims significant injuries and damages including a concussion, traumatic brain injury, back pain with epidural injections, and permanent facial scarring. Her medical bills to date exceed $32,000. Plaintiff’s initial demand was for $2.1Million.

There have been multiple mediations. Following the latest mediation, the

3.F
Packet Pg. 131 Minutes Acceptance: Minutes of Jan 11, 2022 5:30 PM (CONSENT CALENDAR) 2 January 11, 2022
Councilmember Parra
was excused at 7:30
p.m.
mediator made a mediator’s proposal in the amount of $320,000. Plaintiff has agreed to accept the proposal conditional upon City Council approval. The City Attorney’s Office recommended the Council approve a settlement in the amount of $320,000.

Motion by Councilmember Davis, seconded by Mayor Himmelrich, to approve Settlement Agreement No. 11231 (CCS), in the amount of $320,000. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): Unfair Practice Charge, Santa Monica Firefighters Association, Local 1109 v. City of Santa Monica, Public Employment Relations Board, Case No. LA-CE1514-M.

The Interim City Attorney advised this matter involved Santa Monica Firefighters Association Local 1109 filed an unfair labor practice charge with the Public Employee Relations Board (PERB) alleging that the City made a unilateral change in benefits in violation of the Meyers Milias Brown Act (MMBA) by changing the past practice of accrual and use of compensatory time off (aka “ATO”) without first meeting and conferring with the union. The parties have reached a settlement, in which the City has agreed to (1) withdraw the memo that changed the ATO practice, (2) modify the MOU to increase the maximum accrual of ATO for one calendar year, and (3) pay Local 1109 $10,000 in attorneys’ fees and costs. The City Attorney’s Office recommended the Council approve the settlement terms.

Motion by Councilmember Brock, seconded by Councilmember Davis, to approve Settlement agreement No. 11232 (CCS), in the amount of $10,000, with terms. The motion was approved by the following vote:

AYES: Councilmembers Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra

1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Santa Monica Bayside Owners Association v. City of Santa Monica and the California Coastal Commission, Los Angeles Superior Court 21SMCP00269

3.F
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Councilmember Parra
returned at 7:40 p.m.

The Interim City Attorney advised this matter was heard with no reportable action taken.

1.D. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Property: 3021 Airport Avenue (~90,000 sf) and 3025 Airport Avenue (~7,000 sf), Santa Monica, California; City Negotiators:

Stelios Makrides, Chief Operations Officer/Airport Director and Jennifer Taylor, Economic Development Manager; Owner of Record: City of Santa Monica; Persons to be negotiated with Monolith Studios; Under negotiation: Ground Lease and Building Lease Terms
The Interim City Attorney advised this matter was heard with no reportable action taken.

1.E. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Oscar de la Torre v. City of Santa Monica, Los Angeles Superior Court, Case No. 21STCV08597
The Interim City Attorney advised this matter was heard with no reportable action taken.

1.F. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1):

Pouran Yazhari v City of Santa Monica, Los Angeles Superior Court, Case No: 20STCV26250
The Interim City Attorney advised this lawsuit arose out of an incident that occurred on August 14, 2019, when plaintiff, Pouran Yazhari, then a 68-year old woman, tripped and fell on a sidewalk lift located on Santa Monica Blvd. near 23rd Street after leaving her doctor’s office. The City had identified the lift during its annual sidewalk inspection, but had not yet had an opportunity to repair it when the incident occurred. The parties participated in private mediation and agreed to settle this matter for $150,000 conditional upon City Council approval. The City Attorney’s Office recommended a settlement in the amount of $150,000.

Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to approve Settlement agreement No. 11233 (CCS), in the amount of $150,000.

The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

1.G. Conference with Legal Counsel – Existing Litigation – Litigation has

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been initiated formally pursuant to Government Code Section 54956.9(d)(1): Bridget Cade v. City of Santa Monica, LASC, 20 STCV11832 The Interim City Attorney advised this matter was heard with no reportable action taken.

1.H. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1):

Bonnie Kessner, et al., v. City of Santa Monica, et al., Santa Clara Superior Court, Case No. 20CV364054
The Interim City Attorney advised this lawsuit is a class action involving 84 plaintiffs against 84 co-defendant cities/water districts throughout the state. The lawsuit claims that these defendants improperly charged their water rate payers for general fund services – i.e., standby fire hydrant service. The trial court recently upheld a ruling sustaining the defendants’ demurrers based on section 5472 of the Health and Safety Code (payment under protest statute), and plaintiffs have offered to dismiss this case against the defendants without prejudice in exchange for a waiver of costs. Costs for Santa Monica are only approximately $1,000. The City Attorney’s Office recommended the Council accept the dismissal without prejudice in exchange for waiver of costs.

Motion by Councilmember Brock, seconded by Councilmember Parra, to accept Settlement Agreement No. 11234 (CCS), to accept the dismissal without prejudice in exchange for the waiver of costs. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

SPECIAL AGENDA
ITEMS:

2.A. Proclamation: Homeless Count Week, was presented to Maggie Turner.

2.B. City Manager Report, was presented.

Member of the public, John Alle commented on this item.

REPORT ON

COUNCIL TRAVEL
There was nothing to report on Council travel.

CONSENT
CALENDAR:

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

Members of the public Cathy Knight and Patricia McPherson commented on

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various Consent Calendar items.

The Mayor reported that staff requested to have Item 3.A. pulled from the agenda to be brought back for a future meeting.

At the request of Councilmember de la Torre, Items 3.D and 3.H were removed from the Consent Calendar.

At the request of Councilmember Brock, Items 3.F was removed from the Consent Calendar.

Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the Consent Calendar except for Items 3.A, 3.D, 3.F and 3.H, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

BROKERAGE

SERVICES

3.A. Approval of First Modification to Agreement #10713 with Corporate Realty Group for Brokerage and Consulting Services, was pulled at request of staff.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10713 (CCS) in the amount of $295,681, including a 10% contingency, with Corporate Realty Group (CRG) for commercial real estate brokerage and related consulting services for the Public Works Department. This will result in a three-year amended agreement with two one-year options to renew with a new total amount not to exceed $1,440,720, including a 10% contingency, with future year funding contingent on Council budget approval.

TELECONFERENCE

MEETINGS

3.B. Adoption of Resolution No. 11393 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING
FINDINGS AS REQUIRED BY AB 361 TO PERMIT COUNCIL AND CITY

BOARD, COMMISSION, AND TASK FORCE MEETINGS TO CONTINUE
TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19
EMERGENCY REMAINS IN PLACE”, was approved.

Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through February 11, 2022.

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MOBILITY ON
DEMAND

3.C. Approval of Extension of Contract with Lyft for Mobility on Demand Every Day (MODE) Service for Santa Monica Seniors and People with Disabilities, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10585 with Lyft, Inc for Mobility on Demand Every Day (MODE) services. This will result in a change from three option years to four option years for a total contract term of five years and will not exceed the budget of $2,400,000 authorized by Council on 11/28/2017.

SEISMIC

ANALYSIS/PLAN

REVIEW SERVICES

3.E. Approval of Second Modification Extending Term of Professional Services Agreement with Degenkolb Engineers for Seismic Structural Analysis and Plan Review Services, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10635 (CCS) with Degenkolb Engineers for seismic structural analysis review and seismic plan review services for the Community Development Department. This modification will extend the term by one year and will result in a five-year amended agreement. 1432 17TH STREET 3.G. Adoption of Resolution No. 11394 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING THE FINAL TRACT MAP FOR TRACT NO. 82563 TO SUBDIVIDE A PROPERTY AT 1432 17th STREET”, was approved.

Recommended Action
Staff recommends that the City Council adopts the attached resolution accepting and approving Final Tract Map No. 82563 for a six-unit condominium project located at 1432 17th Street.

MINUTES 3.I. Minutes of City Council - Regular and Special Joint Meeting - November 23, 2021 5:30 PM, were approved.

MINUTES 3.J. Minutes of City Council - Special Meeting - December 7, 2021 5:30 PM, were approved.

MINUTES 3.K. Minutes of City Council - Regular and Special Joint Meeting - December 14, 2021 5:30 PM, were approved.

WELLS 3.D. Adoption of Resolution No. 11395 (CCS) to entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE,
AND EXECUTION FOR THE CHARNOCK WELLS #13 and #18

REPLACEMENT PROJECT AND THE SANTA MONICA BASIN

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GROUNDWATER REPLENISHMENT WELLS PROJECT”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution authorizing the application for grant funds from the California State Department of Water Resources in the amount of $7,303,923 for the Charnock Wells #13 and #18 Replacement Project and up to $8,178,887 for the Santa Monica Basin Groundwater Replenishment Wells Project in the Public Works Department; and

2. Authorize the City Manager and his or her designee to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals, if awarded.

Pulled by Councilmember de la Torre to ask questions of staff included, if there’s a grant deadline that needs to be met, can this be postponed, or is there a way to include the Ballona Wetlands Reserve as we move forward with implementing the funding conditions.

Motion by Councilmember de la Torre, seconded by Mayor Himmelrich, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

SEISMIC

ANALYSIS/PLAN

REVIEW SERVICES

3.F. Approval of Second Modification of Term Extension for Professional Services Agreement with IDS Group for Seismic Structural Analysis and Plan Review Services, was presented.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10636 (CCS) with IDS Group, Inc. for seismic structural analysis review and seismic plan review services for the Community Development Department. This modification will extend the term by one year and will result in a five-year amended agreement.

Pulled by Councilmember Brock. Questions asked and answered of staff included: how far behind are we on our seismic retrofit program, and how do we catch up; is there anything we can do to speed up this process; and are we making significant progress.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to approve staff recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich

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NOES: None
ABSENT: None

BOARDS AND

COMMISSIONS

3.H. Adoption of Resolution No. 11396 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS,

COMMITTEES, TASK FORCES, AND REGIONAL ADVISORY BOARDS,
AND REPEALING RESOLUTION NUMBER 11383 (CCS)”, was presented.

Recommended Action
Staff recommends that the City Council adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards to include the approved recommendations from the ad hoc committee for boards and commissions on December 14, 2021 and repealing Resolution No. 11338 (CCS).

This item was pulled by Councilmember de la Torre to ask staff if this resolution could be amended to include a requirement that the City Clerk provide an annual report on the aggregate demographic profile of the Boards and Commissions.

Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve staff recommendation, as amended. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ORDINANCES:

PUBLIC SAFETY

REFORM AND

OVERSIGHT

COMMISSION

7.A. Second Reading and Adoption of Ordinance No. 2686 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER

2.50 THAT ESTABLISHED A PUBLIC SAFETY REFORM AND
OVERSIGHT COMMISSION”, was presented.

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

Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

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PERMIT

REQUIREMENTS

7.B. Second Reading and Adoption of Ordinance No. 2687 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE

TO REMOVE THE MINOR USE PERMIT REQUIREMENT FOR TATTOO
AND BODY MODIFICATION PARLORS IN THE CITY’S DOWNTOWN
AND MIXED-USE AND COMMERCIAL DISTRICTS”, was presented.

Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached Ordinance.

Motion by Councilmember Negrete, seconded by Councilmember de la Torre, to adopt the ordinance, reading by title only and waiving further reading thereof.

The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
STAFF

ADMINISTRATIVE
ITEMS:
1318 FOURTH
STREET

8.A. Adoption of CEQA Findings and Authorization to enter into Agreement No. 11235 (CCS) with EAH, Inc. for the 1318 Fourth Street Affordable Housing Development, was presented.

Recommended Action
Authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with EAH, Inc. for a mixed-use, affordable housing development on the City-owned site located at 1318-20 Fourth Street and adopt the CEQA Findings in this Staff Report under “Environmental Status”.

Robin Hughes from Abode Communities presented to Council.

Tara Barauskas from Community Corp. of Santa Monica presented to Council.

Steven Spielberg from EAH presented to Council.

Members of the public Nancy Hamilton, Richard Hilton, Laura Hall, Denise Barton, Allen Lynch, Olga Zurawaska, Barney Deasy, David Morris, Jordan Ross, Jonathan Foster, Phyllis Dudick, Michael Soloff, Ann Thanawalla, Danielle, and Danecia Malone spoke on the recommended action.

Questions asked and answered of staff included: does the ground lease for this property stay with the developer for a specific amount of time, or does this land get sold to the developer; what happens if the lessee doesn’t keep it’s affordable housing covenant; is it correct that all of the information about the grantees is available to the public online; are we going to make sure the public outreach involves more of the people who are going to live there, instead of those who are

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not; is staff comfortable deciding what is the eventual best project based on the community feedback during the design process; is there anything that can be done to move this project to be completed sooner, in order to provide housing sooner than 2024; was there one real reason that put EAH above of the other proposals; in the scoring process, there’s fewer than six points between the top three, where did the panel score the biggest difference by categories; how adaptable do the teams seem at being able to be flexible with their ground floor plans, given that times and needs change; what information can be provided to address some of the negative comments and feedback about one of the vendors; how long has it been since the city has had a full request for proposals (RFP) for all grantees; and, did any of the bidders include project labor agreements in their proposals.

Considerable discussion ensued on topics including, but not limited to, having a robust community dialog about the project, and making sure that the right service provider is selected.

Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the CEQA findings. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember de la Torre to authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with Community Corp. The motion died due to a lack of a second.

Motion by Councilmember Davis, seconded by Councilmember Brock, to authorize the City Manager to negotiate and execute an Exclusive Negotiating Agreement with EAH, Inc. for a mixed-use, affordable housing development on the city-owned site located at 1318-20 Fourth Street. The original motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Direction was given to staff to evaluate the social services that are being provided and to ensure we have the best social services provider and evaluate the social services provider as the city negotiates with the development team, and to look for every opportunity to shorten the timeframe to get this project built.

COUNCILMEMBER

DISCUSSION

13.A. Year-End Appointments to Boards and Commissions for terms

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ITEMS:

YEAR-END

APPOINTMENTS
ending December 31, 2020 and December 31, 2021, was presented.

Member of the public Jim Kennedy, spoke on the recommended action.

Board/Commission Number of
Appts
Term End
Date
Requirements
Clean Beaches & Ocean Parcel
Tax Citizens Oversight
3 6/30/2023* Santa Monica
Resident
2 6/30/2024*
On order of the Mayor, the floor was opened for nominations for the term ending in 2024.

Mayor Himmelrich nominated Benjamin Kay and Mary Marlow for the two seats with terms ending June 30, 2024.

Mr. Kay and Ms. Marlow were appointed to the Clean Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2024, by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations for the term ending in 2023.

Mayor Himmelrich nominated Jim Kennedy.

There being no other nominations, Jim Kennedy was appointed to the Clean Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2023, by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations for the term ending in 2023.

Mayor Himmelrich nominated Ashley Oelsen.

There being no other nominations, Ashley Oelsen was appointed to the Clean Beaches & Ocean Parcel Tax Citizen Oversight for a term ending June 30, 2023, by the following vote.

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre

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Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations for the term ending in 2023.

Mayor Himmelrich nominated Sami Rasromani
Councilmember Davis nominated Daniel Cody
Sami Rasromani was appointed to the Clean Beaches & Ocean Parcel Tax Oversight for a term ending June 30, 2023 by the following vote:

Rasromani: Councilmembers Parra, Negrete, Brock, de la Torre, Mayor Himmelrich
Cody: Councilmember Davis, Mayor Pro Tem McCowan
Councilmembers Davis and Mayor Pro Tem McCowan changed their votes to Rasromani, thereby appointing Rasromani unanimously to the Clean Beaches & Ocean Parcel Tax Citizens Oversight, with all members present.

Board/Commission Number
of Appts
Term End
Date
Requirements
L.A. County West Vector
Control District 1 6/30/2026
Santa Monica
Registered
Voter
The City Clerk reported that because there were no applicants for this appointment, this appointment will be re-advertised and brought back for a future meeting.

Board/Commission Number
of Appts
Term End
Date
Requirements
Santa Monica Pier
Corporation
4 6/30/2026 Resident or
person
who does
business or
are employed
in Santa
Monica.

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

Councilmember Davis nominated Misti Kerns.

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There being no other nominations, Misti Kerns was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Councilmember de la Torre nominated Nicolas Rolston.

There being no other nominations, Nicolas Rolston was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Mayor Himmelrich nominated Carter Rubin.

There being no other nominations, Carter Rubin was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote:

AYES: Councilmembers de la Torre, Negrete, Davis,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: Councilmember Brock, Parra
ABSENT: None
On order of the Mayor, the floor was opened for nominations.

Councilmember Brock nominated David Newberg
Councilmember Negrete nominated Michael Dubin
Councilmember Davis nominated Dan Hall
Dan Hall was appointed to the Santa Monica Pier Corporation for a term ending June 30, 2026, by the following vote:

Newberg: Councilmembers de la Torre, Brock
Dubin: Councilmember Negrete
Hall: Councilmembers Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
SANTA MONICA 13.B. Recommendation to accept Sidonie Smith's resignation from the

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LIBRARY BOARD Santa Monica Library Board and authorize the City Clerk to publish the vacancy, was presented.

There was no public comment on this item.

Motion by Mayor Himmelrich, seconded by Councilmember Davis, to accept the resignation with regret. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

SIDEWALK

VENDING

13.C. Request of Councilmembers Brock and de la Torre and Mayor Himmelrich that Council direct the City Manager to incorporate into the City’s 2022 state legislative agenda support for legislation or administrative action to enact changes to the California Retail Food Code that would make it more sensitive to the context of sidewalk vending while ensuring food safety, including but not limited to: Streamlining approvals for codecompliant carts, including by giving more discretion to local health authorities; Revising regulations around the slicing of fruits and vegetables and the hot-holding of prepared foods to establish clear and easy-to-follow safety protocols that account for the types of foods commonly sold by sidewalk vendors; Simplifying sink, power, water, and other equipment requirements; and Expanding the definition of safe locations for food preparation. These changes would facilitate increased access to Los Angeles County Public Health permits and approved vending carts and equipment, reinforcing the City’s existing commitment to advancing an accessible, inclusive sidewalk vending permitting program that expands opportunity and lowers barriers to entry for micro-entrepreneurs to vend food, drinks, and merchandise in a safe, prosperous, and legally compliant manner. This advocacy would be wholly consistent with—and in fact complement—the City’s ongoing comprehensive efforts to address the impacts of unpermitted vending on and around the Santa Monica Pier to public safety, public health, and the environment, including advocacy for potential changes to state law that would enable more effective enforcement in this critical location, was presented.

There was no public comment on this item.

Motion by Councilmember Brock, seconded by Councilmember Negrete, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

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HOUSING

COMMISSION

13.D. Annual Appointment to the Housing Commission for term ending 6/30/2023, was presented.

The City Clerk announced that this appointment was originally heard at the December 7, 2021, meeting where the incumbent Rene Buchanan was reappointed to the two-year seat. It was realized the following day that Ms.

Buchanan required five votes to be reappointed for a sixth term, thereby nullifying the vote, to be reconsidered at this meeting. At that same meeting, Theresa Marasco was appointed to a term ending June 30, 2025, but has since submitted a letter stating she was not interested in the 4-year seat, and instead is only interested in being considered for the 2-year tenant housing seat for an affordable housing participant who is homeless or formerly homeless. The seat declined by Ms. Marasco authorizes the City Clerk to publish the vacancy and come back for appointment at the February 22, 2022, meeting.

Members of the public David Morris, Denise Barton, Teresa Marasco, Olga Zurawaska, Michael Louis, Ann Thanawalla, Michelle Gray, Denise Barton, Chevy Baruch and Danielle spoke on the recommended action.

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

Councilmember Brock nominated Theresa Marasco.

There being no other nominations, Ms. Marasco was unanimously appointed to the Housing Commission, for a term ending June 30, 2023, by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None

HOUSING

COMMISSION

13.E. Appointment to one unscheduled vacancy on the Housing Commission for a term ending on 6/30/2022, was presented.

Members of the public David Morris, Teresa Marasco, Michael Louis, Michelle Gray, Denise Barton, Olga Zarawaska spoke on the recommended action.

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

Councilmember Brock nominated Gina DeBaca
Councilmember Davis nominated Lydia Garcia
Mayor Himmelrich nominated Kate Evarts
Gina DeBaca was appointed to the Housing Commission for a partial-term ending June 30, 2022 by the following vote:

DeBaca: Councilmembers de la Torre, Brock, Negrete, Parra,

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Garcia: Councilmember Davis
Evarts: None

BOARDS AND

COMMISSIONS

13.F. Recommendation to declare board and commission seats vacant for those board and commission members who did not comply with the City COVID-19 Vaccination Policy and authorize the City Clerk to publish the vacancies, was presented.

There was no public comment on this item.

Motion by Mayor Himmelrich, seconded by Councilmember Davis, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
COVID-19 13.G. Request of Councilmember Brock, Mayor Himmelrich, and Councilmember Parra that the City of Santa Monica implement by executive order or return with an emergency ordinance, as soon as possible, but no later than February 8, 2022, to require that employees and all persons entering certain indoor facilities be fully vaccinated (completed the series of any vaccine that has been approved or authorized by either the Food and Drug Administration or the World Health Organization) against COVID-19. Indoor facilities included in any order or ordinance should be establishments where food or beverages are served, gyms and fitness venues, entertainment and recreation venues, and personal care establishments. Any vaccine mandate shall also be reasonably applied to indoor City facilities to the extent possible. For City facilities, unvaccinated individuals should be provided alternative arrangements for reasonable access to City services, as practicable and appropriate, such as online or remote services, outdoor service, or proof of a timely and appropriate negative COVID-19 test to access indoor services that cannot be provided in other ways, was presented.

Questions asked and answered of staff included: what is the budget impact to Police and enforce this policy; how is this going to be enforced, and what is the cost; is this a violation of HIPPA to ask a person for proof of vaccination; after tonight, what are the next steps and how will this proceed procedurally; how many other ways have we departed from the County’s guidance to implement our own Santa Monica policies; as far as education, what are we educating them on, and what are we trying to accomplish here; where is the expiration on this, since this is becoming an epidemic and no longer a pandemic; how will this impact families with small children who are not required to receive the vaccination; if this is imposed, and businesses experience loss because of this, is

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there going to be any financial backing to support the businesses; and, how is our mask mandate enforcement going.

Members of the public Dhun May, Denise Barton, Samantha Mota, Jill Hawkins, Pamela Abramson, Nicole Pearson, Donna Pearman, Miriam Fogler, Ben Telligent, Dee Park, Hamish Patterson, Ann Thanawalla, Jack Brand, Chevy Baruch, Rick Bobbins, Jennifer Clingingsmith, Robin Dunbar, Annie Beck spoke on the recommended action.

Considerable discussion ensued on topics including, but not limited to: concern regarding citizen’s constitutional rights being violated; we should be working on uniting people instead of dividing; we should be offering education and mask to people, not mandating vaccination; would be more comfortable with this coming back as an emergency ordinance instead of having the City Manager use the Executive order option; small businesses will be heavily impacted by this policy, due to limited staffing; problematic with lags in the wait time for testing, unless you’re willing to pay; we should be focusing on price gouging for testing instead of focusing on whether or not you have a card; and, businesses are concerned because their staff is being infected and it’s impacting their business.

Motion by Councilmember Brock, seconded by Mayor Himmelrich, to continue this item and bring it back as an emergency ordinance if the City Manager and the Emergency Operations staff, determine it’s necessary. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Michael Louis, John Alle, Nicole Pierson, Samantha Mato, Jonathan Foster and, Ben Telligent commented on various local issues.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 3:15 a.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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Packet Pg. 147 Minutes Acceptance: Minutes of Jan 11, 2022 5:30 PM (CONSENT CALENDAR) 1 January 29, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JANUARY 29, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 10:11 a.m., on Saturday, January 29, 2022, via teleconference pursuant to Assembly Bill No. 361signed by, Governor Gavin Newsome at City Hall East, 1685 Main Street, Room 219, Santa Monica, 90401.

Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 10:11 a.m., with all members present.

CLOSED SESSIONS There was no public comment on closed sessions.

On order of the Mayor, the City Council recessed at 10:12 a.m., to consider closed sessions and returned at 4:41 p.m., with all members present, to report the following:

1.A. Public Employee Appointment: Title – City Attorney The Mayor advised this matter was heard with no reportable action taken.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 4:42 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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Packet Pg. 148 Minutes Acceptance: Minutes of Jan 29, 2022 10:00 AM (CONSENT CALENDAR) 1 January 2, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
JANUARY 2, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:01 p.m., on Wednesday, January 2, 2022, via teleconference pursuant to Assembly Bill No. 361signed by, Governor Gavin Newsome at https://primetime.bluejeans.com/a2m/live-event/gzvysree Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
Interim City Attorney Joseph Lawrence
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 6:01p.m., with all members present.

CLOSED SESSIONS
Councilmember Negrete
excused at 7:01 p.m.

There was no public comment on closed sessions.

On order of the Mayor, the City Council recessed at 6:01p.m., to consider closed sessions and returned at 7:26 p.m., with all members present, except Councilmember Negrete to report the following:

1.A. Public Employee Appointment: Title – City Attorney The Mayor advised this matter was heard with no reportable action taken.

1.B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to § 54956.9(d)(4): 1 matter The Mayor advised this matter was heard with no reportable action taken.

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Packet Pg. 149 Minutes Acceptance: Minutes of Feb 2, 2022 6:00 PM (CONSENT CALENDAR) 2 January 2, 2022
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 7:26 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor

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Packet Pg. 150 Minutes Acceptance: Minutes of Feb 2, 2022 6:00 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 4.A
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities
Recommended Action
Staff recommends that the City Council review and comment on the Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities and the strategy outlined by the COVID-19 Emergency Operations Center.

Executive Summary
The City of Santa Monica’s COVID-19 Emergency Operations Center (EOC) has managed the City’s internal and community-facing COVID-19 response operations since March 2020. The EOC has many responsibilities, including serving as a liaison to the Los Angeles County Department of Public Health (DPH), overseeing a team of Health Ambassadors to educate on and enforce County COVID-19 requirements within Santa Monica, hosting COVID-19 vaccination and testing sites, and supporting a safe workplace in City facilities by administering staff contact tracing, ensuring distribution of personal protection equipment, regular communications with City departments, and other activities.

Per City Council direction on January 11, 2022, the City’s Emergency Operations Center team has been asked to assess whether current conditions warrant consideration of an indoor vaccination mandate for Santa Monica businesses to improve community health. This Study Session provides findings and presents recommendations moving forward.

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Background
LA County DPH is the public health authority for almost all cities and unincorporated areas within the County of Los Angeles, including the City of Santa Monica. During the COVID-19 pandemic, the City of Santa Monica has closely followed and aligned DPH’s Health Officer Orders.

Currently, the County of Los Angeles Health Officer Order has maintained augmented risk reduction measures for specific business sectors. On November 3, 2021, DPH implemented a requirement that patrons of all bars, breweries, wineries, distilleries, nightclubs, and lounges provide proof of full vaccination against COVID-19 for entry into the facility to obtain indoor service. LA County DPH has also required full vaccination or proof of negative COVID-19 viral test result for entry at indoor and outdoor mega events. Restaurants and other businesses may voluntarily implement indoor vaccination requirements for its staff and patrons and LA County recommends this for restaurant establishments due to increased risk of transmission where people are indoors and unmasked. All Santa Monica businesses are required to comply with the local Health Officer Order.

In Fall 2021, three jurisdictions within Los Angeles County implemented additional vaccination requirements in expanded sectors, including all food/beverage establishments, gyms/fitness venues, entertainment/recreation venues, personal care establishments and City facilities. The City of Los Angeles and the City of West Hollywood fully implemented this requirement on November 4, 2021, with the City of Culver City following on November 29, 2021. These actions preceded COVID-19 Omicron variant community transmission and subsequent case surge that now appears to be subsiding.

In December 2021, the Omicron variant rapidly became the dominant COVID-19 variant in Los Angeles County. Unlike previous COVID-19 variants, the highly contagious Omicron variant has an increased ability to infect fully vaccinated persons and transmit between vaccinated persons, especially in environments where additional risk mitigation

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measures, like masking, are not utilized. While it has been shown that the COVID-19 vaccination booster provides the best protection against Omicron variant infection and hospitalization, no guiding health agency has changed the definition of “fully vaccinated” to include the booster dose.

As Omicron has increased in transmission in LA County, the difference in case rate ratios between unvaccinated and vaccinated groups has significantly decreased. Based on LA County data from December 25, 2021, unvaccinated persons have a 1.6 times higher chance to contract COVID-19 compared to fully vaccinated persons without a booster dose, but a 3.8 times higher chance to contract COVID-19 compared to persons who are fully vaccinated and have received the booster. Both fully vaccinated persons and those with booster shots have a much lower chance of being hospitalized due to a COVID-19 infection compared to unvaccinated persons.

In response to Omicron variant cases, LA County Department of Public Health changed its Health Officer Order to require all employees wear medical-grade masks when working indoors and also changed its quarantine requirements, no longer allowing an exemption for persons who are fully vaccinated. However, no sectors have been newly included in the region’s indoor business vaccination mandate.

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As of February 1, 2022, LA County COVID-19 data metrics are showing rapid and sustained decline, including daily cases, daily case rate, positivity rate, and hospitalizations. At the end of January 2022, the number of daily cases saw a 45% decrease in one week and the daily positivity rate decreased to under 10% for the first time since December 23, 2021. Based on Omicron variant trends in other countries, this trend is expected to continue throughout February and into spring 2022.

Discussion
One of the main goals behind COVID-19 vaccination requirements is to increase vaccination rates among residents. The City of Santa Monica strongly urges all residents and the employees of all Santa Monica businesses to get a COVID-19 vaccination and booster as soon as possible. As of February 1, 2022, 91% of all Santa Monica residents over the age of 5 years old have received at least one COVID-19 vaccination. This is significantly higher than LA County’s current vaccination rate of 81.3%.

Since the start of the Omicron surge, Santa Monica’s Emergency Operations Center has focused attention on two specific areas related to vaccination with the largest improvement opportunity. To date, only 51.1% of eligible Santa Monica residents over the age of 12 years old had received a COVID-19 booster and 58.3% of children between the ages of 5-12 years old had received one dose of the COVID-19 vaccination.

To work to increase vaccination rates in these two categories, the Emergency Operations Center has focused attention by hosting two community vaccination clinics and concentrated public education through social media, digital newsletters and other forms of communications.

Another goal behind COVID-19 vaccination requirements of business patrons is to decrease the amount of COVID-19 transmission in a community. City Staff examined the impact that the COVID-19 indoor business vaccination requirement achieved in West Hollywood and Culver City in comparison to Santa Monica. Vaccination rates, change in 7-day adjusted case rates, and change in 14-day adjusted hospitalization rates were examined for each jurisdiction at different points in the implementation of the policy

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requirement as well as after the Omicron variant surge had started. All three jurisdictions have comparable data and overall, there were no dramatic impacts to key COVID-19 data points that can be directly tied to the announcement or implementation of an indoor business vaccine requirement.
7-DAY ADJUSTED CASE RATE
Jurisdiction 9/10/2021 10/7/2021 11/4/2021 12/31/2021
Santa Monica 92 56 81 1668
Culver City 121 35 64 1659
West Hollywood 105 72 80 1637
14-DAY ADJUSTED HOSPITALIZATION RATE
Jurisdiction 9/10/2021 10/7/2021 11/4/2021 12/31/2021
Santa Monica 7 4 3 2
Culver City 4 0 6 12
West Hollywood 2 32 6 5
FULL VACCINATION RATE –AGES 5+
Jurisdiction 9/10/2021 10/7/2021 11/4/2021 12/31/2021
LA County 62.5% 64.7% 66.7% 71.3%
Santa Monica 73.8% 75.0% 76.2% 80.7%
Culver City 76.4% 78.4% 79.7% 86.2%
West Hollywood 71.0% 72.2% 73.4% 75.9%
* Dates include first date of announcing vaccination requirements for LA area businesses, first dose requirements, full vaccination requirements, and postOmicron impacts At this time City staff do not believe that it is necessary to move forward with a business indoor vaccination requirement beyond the current LA County Health Officer Order due to the following reasons:
• The City has historically aligned with the County of Los Angeles Department of Public Health Health Officer Order and the Health Officer has not expanded the existing Health Officer Order to include other sectors (e.g. restaurants) in response to the Omicron variant surge

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• Other public health departments within the Los Angeles region, the City of Long Beach and Pasadena, have also not expanded existing Health Officer Orders to include other sectors in response to the Omicron surge
• Lack of conclusive data suggesting that this type of policy impacts community COVID-19 cases, hospitalizations, or vaccination
• 93% of Santa Monica residents have started their vaccination series against COVID-19, surpassing the benchmark previously identified to limit community transmission of vaccine-susceptible variants
• With the Omicron being the dominant, local COVID-19 variant and causing significant infections among vaccinated persons, at this point in time, there is lack of evidence that a business indoor vaccination policy that only requires individuals to be fully vaccinated reduces COVID-19 transmission among unmasked employees or patrons
• If a local emergency order or policy does not align with the local health authority’s Health Officer Order, it is unlikely that any related projects (outreach materials, staff time for enforcement, etc.) will be eligible for FEMA reimbursement and would have a financial impact if sustained
City staff recommend that the COVID-19 Emergency Operations Center team and City Manager reevaluate a local business indoor vaccination policy, in coordination with LA County DPH, should any of the following thresholds be met:
• The County of Los Angeles Department of Public Health expands its current indoor vaccination requirement to include other sectors based on epidemiological and surveillance data that suggests this requirement would be effective at reducing COVID-19 community rates or increasing COVID-19 vaccination rates

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• A surge of a new/past dominant variant in LA County shows increased susceptibility to existing “fully vaccinated” COVID-19 vaccine regimen • The definition of “fully vaccinated” changes to include a booster shot (either the existing booster or a new booster) and Santa Monica’s resident population’s associated vaccination rate is lower than 80%
If it is determined that an indoor business vaccination requirement would provide vaccinated persons additional protection from COVID-19 infection and/or help facilitate an increase in vaccination rates, it is recommended that any the policy be presented by emergency management staff to the City Manager and then adopted through an amendment of the local Emergency Order.

City staff also recommend that the City continue existing and new Omicron surge measures to better support local businesses to reduce Omicron variant workplace transmission and prevent staff absenteeism. Recently implemented and new recommended prevention measures include:
• Maintain the activation of a Business Liaison position in the Emergency Operations Center until the Omicron surge reaches an average of 500 cases/week
• Continue Economic Recovery outreach calls for local Business Improvement Districts (BIDs) and other business stakeholders on monthly basis that include COVID-19 situation update and opportunity to share concerns, questions, and feedback for City staff.
• Continue to provide important updates to all Santa Monica businesses via the COVID-19 e-newsletter and the City’s Economic Recovery Webpage

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• Promote the recent reimplementation of Curbside Zones to allow for easier pickup and delivery services until February 28, 2022 • In partnership with Santa Monica Travel & Tourism and PPE Unite, push out free hand sanitizer and medical-grade personal protective equipment resources, including 25,000 Kn95 masks, 10,000 surgical masks, and educate businesses on resources available through direct Health Ambassador education • Host a Business Resources Webinar to highlight support resources (e.g. State of CA COVID-19 employee paid sick leave) and to share best practice on how businesses may voluntarily implement vaccine requirements for their staff and/or the public
• Activate additional Health Ambassadors, either from City departments or asneeded personnel, to facilitate education/enforcement of the January 17, 2022 LA County requirement for all businesses to provide medical-grade personal protective equipment (PPE) for their staff and for staff to wear this PPE when working indoors
Financial Impacts
There is minimal financial impact or budget action necessary as a result of recommended action. The cost of an educational webinar is not expected to exceed $1,000.00. Re-implementation of curbside pick-up for businesses would create a temporary loss of meter parking revenue estimated at $125/meter per month. All City other costs are directly tied to existing LA County Health Officer Order requirements and therefore will be eligible for FEMA reimbursement. Future City budget impacts may include required additional staffing or other costs to support enforcement of this policy mandate if it should extend beyond the emergency declaration and become part of normal City operations.

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Prepared By: Lindsay Call, Chief Resilience Officer
Approved Forwarded to Council
Attachments:

A. 02082022_Addendum to 4A
B. Written Comment

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From: David White <[email protected]>
Sent: Monday, February 7, 2022 11:05:08 PM
To: David White <[email protected]>
Cc: Susan Cline <[email protected]>; Lindsay B. Call <[email protected]>; Joseph Lawrence <[email protected]>
Subject: Response to Question Regarding Item 4 -- Vaccine Mandate Dear Mayor, Mayor Pro Tem, and City Council,
On Friday, we received an email Lyn Greenberg asking for information in which the staff report regarding the vaccine mandate was based. The following is some additional information for your consideration, and I want to acknowledge Lindsay for pulling this together.

All data used to analyze LA County’s current situation and case/hospitalization/vaccination impacts on regional jurisdiction vaccination policy are publicly available at the websites below:
• LA County COVID-19 Surveillance Dashboard
• LA County Vaccination Data Dashboard
• CDC Morbidity and Mortality Weekly Report – “SARS-CoV-2 Infection and Hospitalization Among Adults Aged +18 Years, by Vaccination Status, Before and During SARS-CoV-2 B.1.1.529 (Omicron) Variant Predominance – Los Angeles, California, November 7, 2021 – January 7, 2022 In the staff presentation tomorrow night, we will include where data was obtained.

Data for City of Pasadena and City of Long Beach are represented in LA County’s Vaccination Dashboard but not LA County’s COVID Surveillance Dashboard. The following links can provide more information on Long Beach and Pasadena:
• Long Beach Health & Human Services COVID-19 Orders
• Long Beach COVID-19 Data Dashboard
• Pasadena Public Health Department COVID-19 Orders
• Pasadena COVID-19 Data Dashboard
Historically, we have found that Pasadena and Long Beach closely align with LA County Department of Public Health.

We have attempted to obtain peer-reviewed studies showing the impacts of hyper-local vaccination requirements (i.e., West Hollywood and Culver City), both on vaccination rates and cases/hospitalizations. There are minimal resources on this topic and some challenges with the scientific analysis related to the timing of policy implementation in the US and rise of the Omicron variant. In addition to reaching out to our local hospitals and LA County Department of Public Health, we have reached out to business and code enforcement leaders in jurisdictions that have these mandates to determine their effect and ability to enforce the regulations. Information obtained from these sources has been more anecdotal.

Please let us know if you have any additional questions.

David White
City Manager
santamonica.gov
Facebook | Twitter| Instagram

4.A.a
Packet Pg. 160 Attachment: 02082022_Addendum to 4A (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, February 1, 2022 10:40 AM
To: councilmtgitems
Subject: FW:

For 2/8 Council meeting.

From: Robin Brodowsky <[email protected]>
Sent: Friday, January 28, 2022 9:11 AM
To: Council Mailbox <[email protected]>
Subject:

EXTERNAL
No vaccine passport. We the ppl speak, and we are the authority , not you we put you in and we will take you out, if you cant get it right.

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Packet Pg. 161 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: jzhawk13 <[email protected]>
Sent: Friday, February 4, 2022 6:34 PM
To: Council Mailbox; councilmtgitems
Subject: freedom of choice. no segregation and discrimination

EXTERNAL
From a doctor at John Hopkins..

THIS IS MY VIEW ON VACCINE MANDATES!
Dr. James Kelly, Virologist. John Hopkins Hospital, Baltimore MD. 01/12/2022 "Among all the vaccines I have known in my life (diphtheria, tetanus, measles, rubella, chickenpox, hepatitis, meningitis and tuberculosis, flu, etc), I have never seen a vaccine that forced me to wear a mask and maintain my social distance, even when you are fully vaccinated. I had never heard of a vaccine that spreads the virus even after vaccination. I had never heard of rewards, discounts, incentives to get vaccinated. I never saw discrimination for those who didn't. If you haven't been vaccinated no one has tried to make you feel like a bad person. I have never seen a vaccine that threatens the relationships between family, colleagues and friends. I have never seen a vaccine used to threaten livelihoods, work or school. I have never seen a vaccine that would allow a 12‐year‐old to override parental consent. After all the vaccines I listed above, I have never seen a vaccine like this one, which discriminates, divides and judges society as it is. And as the social fabric tightens… It's a powerful vaccine! It does all these things except IMMUNIZATION. If we still need a booster dose after we are fully vaccinated, and we still need to get a negative test after we are fully vaccinated, and we still need to wear a mask after we are fully vaccinated, and still be hospitalized after we have been fully vaccinated, it will likely come to “It's time for us to admit that we've been completely deceived." Sent from ProtonMail mobile
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Packet Pg. 162 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: jzhawk13 <[email protected]>
Sent: Saturday, February 5, 2022 10:59 AM
To: Council Mailbox; councilmtgitems
Subject: facts, freedom and family...and more

EXTERNAL
Hope everyone is having a great day.

Yesterday, the CDC ACIP vaccine advisory meeting. They met on approving the new technology injection, postmarket data does not come back to 2023 for this injection. They just recommended it for 6 months old to 4 when data clearly showed more problems with the vaccine group and placebo they just act like they don't hear it. From my experience after watching these meetings for the last 7 years nothing has changed and they are working for pharma.

Also, regarding Covid vax, FDA wanted to wait 75 years on the safety of this injection. Luckily, the people I have been working along side of for the last 7 years won the lawsuit. FDA wanted to wait till we are dead to know the truth. Go to this non profit and see all the lawsuits they have won over the years.

Icandecide.org
Note, really think about how little they are studying this new technology injection pushing on us and our precious children. There is so much details being cencored from the people.

Don't forget vaccines are a liability free product since 1986 because they were going bankrupt from all the vaccine injuries and deaths and almost a trillion dollar industry. in 1986, In vaccine company's got immunity they put Health & Human Services in charge of vaccine safety and They were supposed to form a task force, make them safer, and do reports. July 2018, Robert F Kennedy Jr won a lawsuit against Health and human services because they did non of this in 32 years.

Remember, Pharma owns the media and Facebook and...our censoring information.

Smear campaigns are a real thing make sure to not just take bumper sticker slogans and make them your thoughts.

Sadly, pharmaceutical industry has 3 lobbyists to one representative has bought the news, bought the schools, bought the movie industry every aspect of our life... celebs... teen influencer All these years everyone cheering about the "Me Too" Movement, but then throw it out the door for a foreign injection that we can't refuse otherwise one get segregated and discriminated. Equality curriculum thrown out the door. People kicked out of school or can't go into indoor restaurants if someone wants to say no to a foreign injection. This is all crimes against humanity. Watch Senator Johnson 5 hearings and you will understand and just MAY save someone's life if faced with decisions with VIRUS and Vax. World renowned doctor, scientist, a group of 17000+ doctors and experts screaming from the rooftops about what is happening in hospitals, and the real data not just bumper sticker slogans.

Everyone should watch this for their own families sake. Informed consent is smart to be able to make very important decisions.
https://rumble.com/vteasz‐covid‐19‐hearing‐with‐senator‐ron‐johnson‐worlds‐top‐scientists‐and‐doctors.html No one should be forced to wear a mask, test, or take a foreign injection to move around society. Products need to work for the person using them and a person shouldn't have to use a product to make someone else's work. We know vax don't stop a person from getting covid, does stop transmission and vax have same viral load as unvaccinated per CDC and scientists from all areas. Show it in the data from around the world ᩢᩣᩤ Masks and vaccines, testing are all EUA products. All this is illegal and wrong.

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Packet Pg. 163 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 2 Stop all protocols and mandates. Needs to be freedom of choice. People need to use products and buy products that work for them just like the shirt you choose. You do you I do me. Seems reasonable. Especially when death is a side effect on the insert and breathing back your co2 and bacteria into our lungs in harmful. healthy free living individuals to be restricted and muzzled, tested And holding a job for an injection in injection and living in a mental fear is abuse And an abuse of poWer most of all.

I am now politically maroon. I was a lifelong Democrat until a few years. Look at which States are locked down, wearing masks, and look closely at which party is voting for government to raise our children. governmen berucrats pass bills giving 12 year olds the right to take a injection without parental permission.

This is only one of the examples of this type of legislation. Dems are voting for this. Only 5 states are in the "state of emergency" Our governor and mayor living the high life in immuno compromise Magic Johnson suite at SoFI.

Think about if a child is being fed propaganda by big Pharma who's in our schools, cartoons. shows..news get a vaccine and has a reaction and Parents don't know and won't be able to help them and and they are left with the bills and devastation of vax injuries and consequences.

Look closely and stop being a apart in this. Do the right thing now! Stop all mandates for citizens and city employees. Get on the right side of history.

These mandates will be remembered for being on the wrong side of history mandating vaccines on your amazing city employee employee.

Make an agenda item to make this right. This is caring about your city employees and city residents.

Make this right.

Freedom of choice,
Jill Hawkins
Other important place to subscribe to stay informed
Ca.childrenshealthdefense.org * Icandecide.org
and watch the weekly medical new show thehighwire.com
Since the release of vaccine.
ⲉⲊⲋHeart Attacks 269%
ⲉⲊⲋCancer 300%
ⲉⲊⲋPericarditis 175%
ⲉⲊⲋMyocarditis 285%
ⲉⲊⲋPulmonary Embolisms 467%
ⲉⲊⲋCerebral Infarction 393%
ⲉⲊⲋBell's Palsy 319%
ⲉⲊⲋGuillain‐Barre 250%
ⲉⲊⲋImmunodeficiencies 275%
ⲉⲊⲋMenstrual Irregularity 476%
ⲉⲊⲋMultiple Sclerosis 487%
ⲉⲊⲋMiscarriage 306%
ⲉⲊⲋHIV 590%
ⲉⲊⲋChest Pain 1,529%
ⲉⲊⲋLabored Breathing 905%
ⲉⲊⲋNeurological Issues 1052%
Sent from ProtonMail mobile
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Packet Pg. 165 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: jzhawk13 <[email protected]>
Sent: Sunday, February 6, 2022 7:58 AM
To: Council Mailbox; councilmtgitems
Subject: freedom of choice

EXTERNAL
If you do not support the truckers, IT’S OKAY because:

If mandates get lifted I would like to remind you.... you can still stay home. No one will rip the mask off your face, no one will force you to dine in at a restaurant, you can drop your children off at their leisure activity and wait in your car, you can still say no to family gatherings and events, you can choose to get whatever \/ you want, you can live within your comfort zone and NO ONE will stop you. We will not judge you for your choice ‐ we will just be glad you have one. That is the point of FREEDOM of choice. You might be comfortable where you are … but we are very comfortable moving on with our lives.

Sincerely
A member of the small fringe minority with unacceptable views Reposted🇨🇦⌀⌁⌂⌃⌄🇺🇸
Sent from ProtonMail mobile
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Packet Pg. 166 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, February 8, 2022 11:17 AM
To: councilmtgitems
Subject: FW: Vaccine mandate
From: Mary Duprey <[email protected]>
Sent: Sunday, February 6, 2022 8:30 PM
To: Council Mailbox <[email protected]>; David White <[email protected]> Subject: Vaccine mandate

EXTERNAL
Dear City Council Members:

I am aware that you voted on this last month. I am writing to you now just in case you are considering voting on this in the
near future.

I strongly oppose the proposed vaccine mandate for restaurants, movie theaters, and other indoor businesses for the following reasons:

They are unnecessary; they are ineffective, and they are detrimental to the Santa Monica economy.

I believe they are unnecessary as the number of Covid cases in our country and in Santa Monica are in decline right now. Several
countries are beginning to loosen restrictions and mandates, including the UK, Denmark, and other Scandinavian countries. I assume
that restrictions and mandates will loosen in our country as well. Right now under our current Santa Monica policy of masking
indoors, things are going well. If it ain't broke, don't try to fix it.

The mandate would also not serve the purpose for which it is supposedly intended - that is to stop the spread of Covid. It is not
an effective approach, as statistics are showing that there are many cases of Omicron among vaccinated people. Vaccinated
people can get the virus and can transmit it, so vaccination is not preventing the spread of Omicron. There is no point, therefore,
in requiring that people have the vaccine in order to enter restaurants, movie theaters, etc.

In regard to our economy, our business community has suffered greatly during the past two years. Santa Monica once had a
thriving business community. Under the tight restrictions of the past two years, many small businesses closed for good
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Packet Pg. 167 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 2 because they were not able to serve the number of customers that they had served prior to Covid. They lost an enormous amount
of business and could not survive. The remaining businesses have been struggling to hold on. Part of what has helped them
is the influx of people from other parts of LA who would like to be able to eat indoors without showing proof of vaccination.

These are not dirty, disease carrying people. They are healthy people who have money to spend and would like to spend
it in Santa Monica. Why would we try to prevent that? Our economy depends in large part upon our small businesses.

We should do all that we can to not only keep them afloat, but to help them thrive.

In the end, I feel that it should be up to the individual businesses and the individual residents to take whatever actions they
deem to be the most appropriate. Some businesses have already made the decision to require customers show proof of
vaccination before they can eat indoors. That is their prerogative. For those Santa Monicans who don't feel safe eating in Santa
Monica because there is no mandate, they can go to the restaurants that do require proof of vaccination - or they can eat
outdoors. There are some residents who don't feel safe no matter whether there is a mandate or not. They still won't eat
indoors - period. That is their prerogative. Please don't try to play the role of big brother or big sister in protecting our
community. We are grown ups and can decide for ourselves what steps we need to take in order to stay safe. Furthermore,
our businesses should also have that right - whether they want to serve unvaccinated people or vaccinated people or
both.

So again, I urge you to vote against a proof of vaccination mandate if this matter ever comes before the city council
again. Thanks for your time and consideration in this matter.

Sincerely,
Mary Duprey, a Santa Monica resident
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Packet Pg. 168 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: Mike Terranova <[email protected]>
Sent: Tuesday, February 8, 2022 2:00 PM
To: councilmtgitems
Subject: Regarding item # 4A for the City Council Meeting: February 8, 2022

EXTERNAL
Regarding item # 4A for the City Council Meeting: February 8, 2022: Study Session on Mandating Proof of COVID-19 Vaccination at Local Businesses and City Facilities
I was unsurprised and uninspired to read city staff's recommendation NOT to implement a vaccine mandate for indoor businesses and city facilities. If it were a recommendation it would have been implemented earlier when positivity and hospitalization was on the rise, like the City of LA and other municipalities within California- near and far. Within the staff report there was no discussion of behavior change by implementing vaccine mandates, impact to ICU or contacts with LA DPH and local hospitals, or any endeavor to explain the 220 person staff outbreak and contact tracing outcomes of COVID-19 described in news reports.

By now, early Feb 2022, with positivity and hospitalizations falling, recommending the implementation of required proof of vaccination to enter local businesses and city facilities would be "too little, too late." Our Director of Emergency Services and City Manager, David, originally hails from the City of Berkley. That municipality currently has lower test positivity and lower COVID-19 hospitalization rates, yet has had since Sept 2021 a vaccine mandate for indoor businesses. Berkley also has a higher percentage of residents fully vaccinated.

As a city, staff must make recommendations to protect vulnerable populations, specifically children, immunocompromised, and those ineligible for vaccination from community spread.

Is city staff doing everything possible by not recommending a mandate? The emergence of new variants of COVID-19, such as Omicron, have been traced to areas where vaccination rates are low.

Today only unvaccinated city staff are subject to COVID-19 surveillance testing, not vaccinated staff, despite the risk of breakthrough infection of staff which can have negative knock on effects to their unvaccinated family members under the age of 5.

I urge the City Council and staff to have a robust discussion on this subject and direct staff to amend the list of recommended actions made in the staff report.

Regards,
Mike Terranova
Santa Monica Resident
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Packet Pg. 169 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: Jane Wall <[email protected]>
Sent: Tuesday, February 8, 2022 3:24 PM
To: councilmtgitems; Council Mailbox
Subject: Items 4.A

EXTERNAL
Hi Honorable Council Members,
I understand you are asked to comment on and review on the Study Session. (4.A) Please consider making changes to the language used by including and referencing:
 natural immunity which supersedes the vaccine.
 suggest that council members read peer reviews studies that confirm requiring multiple boosters will not harm or have negative efficacy on Santa Monica residents.  That the right to privacy is maintained in the same way that HIV and HepB status is private.  That there is always informed consent with the basis rooted in a right to choose WITHOUT coercion, bullying or discrimination.
 That no guiding health agency has changed their definition of "fully vaccinated" to include the booster.  To cite the data to back up the claim that the vaccine provides the best protection against Omicron and hospitalization.
thank you,
Kind Regards,
Jane Rainsford
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Packet Pg. 170 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) 1 Vernice Hankins
From: PNA90404 <[email protected]>
Sent: Tuesday, February 8, 2022 3:59 PM
To: councilmtgitems
Subject: Agenda Item 4A 02/08/2022

EXTERNAL
Dear City Councilmember and City Staff,

The PNA Board of Directors is writing this letter to inform you of our member’s viewpoint on your consideration in implementing a vaccine passport for Santa Monica. Although we appreciate the sentiment expressed by our Councilmembers to keep our residents safe we believe that a vaccine passport creates a false sense of security and works to create division within our City. If the City Council wants to keep residents safe, it should focus on improving public safety and addressing homelessness and mental illness that are rampant in our streets. Residents don’t feel safe in our City and are constantly being verbally attacked or in many cases physically attacked.

The City Council should focus on the issues that got them elected such as public safety, homelessness and economic recovery and leave the political theatre that comes with a vaccine passport for Sacramento and Washington DC. Thank you for your time and consideration.

Sincerely,
PNA Board of Directors
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Packet Pg. 171 Attachment: Written Comment [Revision 1] (4963 : Study Session on a Citywide Vaccine Mandate) City Council
Report
City Council Meeting: February 8, 2022
Agenda Item: 7.A
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To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending Santa Monica Municipal Code Section 2.64.020 to Decrease the Membership of the Arts Commission from Eleven to Nine Members
Recommended Action
Staff recommends that City Council waive reading in full and adopt the attached Ordinance.

Summary
At its meeting on January 25, 2022, the City Council introduced for first reading an ordinance Amending Santa Monica Municipal Code Section 2.64.020 to Decrease the Membership of the Arts Commission from Eleven to Nine Members. The ordinance is now presented to City Council for adoption.

Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:

A. Arts Commission Ordinance Amendment 2022.02.08

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1 City Council Meeting: February 8, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 2.64.020 TO DECREASE

THE MEMBERSHIP OF THE ARTS COMMISSION FROM ELEVEN TO NINE

MEMBERS
WHEREAS, at the December 14, 202 Council meeting, the ad hoc committee for boards and commissions brought forth a recommendation to decrease the membership of the Arts Commission from eleven members to nine members; and WHEREAS, the ad hoc committee recommended decreasing the membership of the Arts Commission from 11 to 9 members due in part to the Arts Commission’s difficulty in obtaining a quorum at many of its meetings; and
WHEREAS, at its December 14, 2021 meeting, Council approved the recommendation and directed staff to return with an ordinance amendment codifying the change in membership.

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

Section 1. Santa Monica Municipal Code Section 2.64.020 is hereby amended as follows:

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Packet Pg. 173 Attachment: Arts Commission Ordinance Amendment 2022.02.08 (4967 : 2nd Read - Arts Commission) 2 2.64.020 Creation of Arts Commission.
(a) Pursuant to Section 1000 of the City Charter, an Arts Commission is created. The Commission shall consist of nine members. A majority of the members in office at any time shall constitute a quorum. The members shall be appointed by the City Council. Except as otherwise provided in this Chapter, the Commission and Commissioners shall be subject to all the terms of Article X of the City Charter setting forth procedures for appointment of Commissioners, terms, and meetings. (b) Except as otherwise provided in Section 2.64.080, all Commissioners shall reside or work in the City and shall be actively involved in the arts. From and after April 10, 1990, any person appointed as a Commissioner must be a Director of the Santa Monica Arts Foundation. The Commission shall represent the diversity of the community and shall include minorities and working artists in the following disciplines:
(1) Performing arts such as drama, music, and dance.
(2) Visual arts such as painting, sculpture, photography, graphics, video art, and applied art.
(3) Communications arts such as film, television, and radio. (4) Literary arts such as literature, poetry, and journalism.

Commissioners may represent one or more of the disciplines indicated above.

Section 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such

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Packet Pg. 174 Attachment: Arts Commission Ordinance Amendment 2022.02.08 (4967 : 2nd Read - Arts Commission) 3 inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.

APPROVED AS TO FORM:
_________________________

JOSEPH LAWRENCE
Interim City Attorney

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Packet Pg. 175 Attachment: Arts Commission Ordinance Amendment 2022.02.08 (4967 : 2nd Read - Arts Commission) City Council
Housing Authority
Parking Authority
Report
City Council Meeting: February 8, 2022
Agenda Item: 8.A
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To: Housing Authority, Parking Authority, Mayor and City Council From: Gigi Decavalles-Hughes, Director, Finance Department, Budget Subject: Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast;

2. Direct staff to set aside $11 million in unprogrammed revenue to Assigned General Fund Reserves;

3. Adopt a Resolution establishing new classifications and adopting salary rates for various positions (Attachment B) and approve the position and classification changes (Attachment C);

5. Direct staff to proceed with research and analysis on various potential tax revenue measures;

7. Approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021.

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Summary
The Midyear Budget Review is an important touchstone in the City’s monitoring of its economic recovery and its ability to restore services that were scaled back at the beginning of the pandemic. The midyear outlook is positive, but the City remains in a period of uncertainty driven by COVID, inflation and anticipated increases in interest rates, disruptions in tourism, and ongoing trends impacting the retail sector. The City’s audited financial statements as of June 30, 2021, to be published in the Annual Comprehensive Financial Report and posted on the City’s website in early February 2022, confirm staff’s earlier projection that the City’s General Fund realized sufficient revenues in FY 2020-21 to retain the $20 million Shutdown Reserve set aside to be used in the event of further revenue loss. It is important to note that the City’s General Fund reserve level is still significantly lower than it was in pre-COVID years, and that significantly more than $20 million will be necessary to restore reserves at a level that will provide the City with operational stability in the event of another emergency or economic crisis. For context, updated projections estimate General Fund revenue loss to total approximately $188 million from March 2020 through June 30, 2022.

The February 2022 Five Year Forecast for all City funds includes the updated revenue projections and expenditure budget increases that are proposed in this report as Midyear changes for FY 2021-22, as well as updated revenue and expenditure projections going forward. Projections for FY 2021-22 show a potential budget surplus of $11.2 million in the General Fund due to earlier economic recovery than anticipated.

The General Fund Forecast shows a balance of $4.9 million in FY 2022-23, the second year of the biennial operating budget, which increases slightly over the remaining years of the forecast to reach $8.4 million in FY 2027-28. Annual balances beginning in FY 2022-23 present opportunities to continue current services that are budgeted on a onetime basis, to restore or enhance services, or to rebuild the General Fund’s capital project investment or reserves at a faster level than currently projected. Any additional budget increases beyond those supported by the projected balances would require new revenue streams; staff is seeking Council comment and direction on further researching potential revenue ballot measures for the November 2022 General Election.

The Midyear Budget Review is the earliest occasion to adjust the current budget and

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address critical service gaps. Adjustments to increase the budget must be made carefully given the uncertainty of the pandemic and the pace of recovery. While some changes can be made to restore service delivery and address community priorities, at this early and still precarious point in the City’s economic recovery, set against recordsetting rates of virus infections, staff is recommending that Council give direction to set aside $11 million of the current year surplus to begin rebuilding General Fund reserves.

In this way, if revenues do not follow the projected trajectory in the short term, the General Fund will not have made an unsustainable commitment to ongoing costs.

Included in the proposed Midyear changes are a combination of service restorations, adjustments reflecting Council actions taken after the adoption of the FY 2021-22 Budget, adjusted revenue-sharing payments as a result of revenue increases, and adjustments based on new information. The complete list of budget adjustments for revenues and expenditures is shown in Attachment A. Proposed budget adjustments total $57.4 million in FY 2021-22 and $10.2 million FY 2022-23, including capital improvement program changes.

The majority of the non-General Funds will remain self-sufficient during the forecast period. The Pier and Beach Funds were impacted by the closures that have occurred as a result of COVID-19 and will require some level of General Fund assistance. The Resource, Recovery and Recycling Fund is projected to remain self-sufficient through FY 2023-24, requiring staff to consider a rate change. Finally, the City’s equipment replacement internal service funds have had to defer replacement schedules as a result of two years of suspended contributions from the General Fund.

While the City is experiencing recovery, its reliance on the strength of the severely impacted hospitality sector means that ultimate revenue recovery and rebuilding from the deep cuts that were made will lag behind the recovery of the overall economy. As recovery continues, staff intends to work with the Council and community to establish priorities to guide the next two-year budget cycle (FY 2023-25) and help to determine priorities going forward.

A number of other items and recommendations are discussed in this report, including amending the City’s Master Fine Resolution, the modification of the City’s Internal Auditor contract to include a Homeless Services Delivery study and Human Services Grants Program grantee monitoring, a description of the park planning workplan with

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current resource levels, and a housekeeping item related to the recent recruitment of the City’s Police Chief.

Background
The FY 2021-23 Biennial Budget was adopted by Council on June 22, 2021 (Attachment E). After two years of severe revenue losses requiring the use of reserves and a dramatic restructuring and reduction of operations to balance the General Fund budget, the FY 2021-22 Adopted Budget leveraged one-time American Rescue Plan Act (ARPA) funds and some revenue growth to restore certain priority services, mainly furthering the three Council-adopted community priorities:
• Addressing homelessness;
• Providing clean and safe neighborhoods and open spaces; and • Supporting an equitable and inclusive economic recovery.

The Budget was built upon the assumption that a slow recovery, which started in the latter part of FY 2020-21, would continue throughout the biennial period, but that revenues would not recover to their pre-pandemic levels until FY 2024-25. In the interim, ARPA funds would fill the gap as much as possible. The Citywide FY 2021-22 Revised Budget, reflecting the Adopted Budget and changes approved by Council since the beginning of the fiscal year, is $713.4 million (net of reimbursements and transfers), $355.9 million within the General Fund. The FY 2021-22 Revised Budget to date includes an increase of 26.5 permanent FTE positions and 30.7 FTE as-needed positions (12.5 and 25.5, respectively, in the General Fund) from the prior year, when 298.8 permanent and 122.3 as-needed positions (235.1 and 103.3, respectively, in the General Fund) were eliminated Citywide.

The FY 2020-21 Revised Budget reflected a much-reduced budget for the City. It was based on fiscal projections made in May 2020 that reflected the impacts of the COVID19 pandemic on the City’s revenues. For the City, the economic crisis felt around the world was exacerbated by its strong reliance on the hospitality and retail industries. The pandemic halted tourism-related air travel as well as non-essential business travel and

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required people to stay largely at home, impacting a wide range of the City’s revenue streams and accelerating trends away from in-person retail and toward online shopping.

The majority of the impact was felt in the City’s General Fund, the fund making up twothirds of the City’s overall budget and supporting police and fire services, libraries, streets, recreation and funding to the School District. Transient Occupancy (Hotel) Taxes, Sales Taxes and parking-related revenues, previously representing almost half of the General Fund revenue stream, were approximately 39% less than pre-COVID levels in FY 2020-21 with overall General Fund revenues for the year down about 22% from pre-COVID numbers. One-time funds, including capital project funds that were deferred, reduced or cancelled, economic uncertainty, contingency, and other reserve funds were either appropriated or set aside to balance the FY 2019-20 and FY 2020-21 General Fund budgets, in addition to a 20% decrease in annual operating expenditures and a 50% decrease in annual capital funding. These measures enabled the City to maintain essential and emergency operations during the pandemic while preserving the City’s financial resilience to the greatest extent possible.

Staff is estimating General Fund actual and projected revenue declines from March 2020 to June 30, 2022 to total approximately $188 million; this is $36 million less than the initial $224 million revenue loss estimate but is still a very impactful amount.

Discussion
The recession induced by the COVID-19 pandemic, while the worst downturn since the Great Depression, was officially the shortest recession on record. The national and State economies began to recover strongly in the first half of (calendar year) 2021.

National economic growth as measured by Gross Domestic Product (GDP) grew over 6% in the first two quarters of the year. However, impacts and disruptions of the pandemic continue to linger. In addition, the surge of the new Omicron variant has added a new layer of uncertainty to the overall economic recovery. GDP did slow in the third quarter of 2021, labor force participation has not recovered to pre-pandemic levels (about 80% of the number of jobs lost during the pandemic have been added back), inflation has risen to the highest level in four decades, and supply chain issues are causing disruption, all of which could delay or even hamper growth. However, most

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economists believe the economic disruption caused by the Omicron variant will be transitory and by 2023, U.S. and California economic growth will be healthy, inflation will return to more normal levels, and supply chain issues will be resolved.

As noted in the Background section, due to its heavy reliance on the tourism, hospitality and retail sectors, Santa Monica’s economy was particularly hard hit by the pandemic, with revenues from transient occupancy and sales taxes and parking related revenues, which accounted for nearly one-half of General Fund revenues prior to the pandemic, falling 39% in FY 2020-21 from pre-COVID levels, while total General Fund revenues were down 22% over the same period.

City General Fund revenues began to recover in FY 2021-22 as vaccine availability and other public health measures helped avoid any further large scale economic disruptions, including business shutdowns. Estimated actual revenues in FY 2021-22 are now anticipated to be 18% greater than in FY 2020-21 and nearly 8%, or $30.7 million above the FY 2021-22 budget. Much of the increase results from rebounds in the areas hardest hit by the pandemic - Transient Occupancy Taxes, parking-related revenues, and Sales Taxes. However, even with the strong recovery, General Fund revenues are not projected to exceed pre-COVID levels until FY 2024-25. It should also be pointed out that the future is still uncertain and revenues could be impacted, either positively or negatively, by future events.

More information on the City’s key General Fund revenue sources is provided below:
• Sales Taxes (both sales and use and transaction and use tax) have bounced back significantly from pandemic lows. Sales taxes in FY 2021-22 are now projected to be about $9.2 million (14%) greater than the FY 2021-22 budget and 14% more than in FY 2020-21. Revenues from restaurant/hotel and general consumer goods categories have recovered sharply, and auto sales remained unexpectedly resilient during the pandemic, resulting in total sales taxes reaching pre-COVID levels in FY 2021-22, much faster than most other affected revenues.

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Sales tax revenues are projected to grow slower in FY 2022-23 as the economy levels out and then show more typical increases of 3% to 4% annually. • Transient Occupancy Taxes (hotel tax) were the hardest hit revenue source during the pandemic, falling 66% from pre-pandemic levels. Transient Occupancy Tax revenues have recovered faster than expected despite continued weakness in international and business travel. Exclusive of a one-time accounting adjustment in FY 2021-22 regarding the timing of the recording of revenues, revenues are expected to be $13.6 million greater than budget and increase by approximately 157% from FY 2020-21. However, FY 2021-22 estimated actual revenues are still more than $4 million (6.7% less than preCOVID levels. Strong growth is expected to continue, especially as restrictions on international and business travel begin to ease, but revenues are not projected to exceed pre-COVID levels until FY 2023-24. The projections also include the impact of the closing of the Fairmont Miramar for renovations. • Due to the reporting period for Business License Taxes, the full impact of the pandemic was not seen until FY 2021-22, as taxes are based on gross receipts from the prior calendar year. Estimated actual revenues for FY 2021-22 are about $0.3 million less than budget, 13% less than in FY 2020-21, and $4.6 million less than pre-COVID levels. Although revenues are expected to begin a steady but slow increase in FY 2022-23, some of the impacts of the pandemic, in particular the continuance of remote working, may have longer term, if not permanent impacts. Revenues are not projected to exceed pre-pandemic levels until FY 2027-28.
• Parking revenues (including parking citations) fell nearly 45% from pre-COVID levels, but as with many other revenue sources, have begun their recovery in FY 2021-22. Estimated actuals for the year are approximately $3 million more than budget, 36% more than in FY 2020-21, but still $13 million less than pre-COVID levels. Revenues are projected to moderately increase over the next several years and approach pre-COVID levels by FY 2024-25 and then level off. Parking Facility Taxes are expected to show a similar pattern.
• Utility Users Tax revenues were not significantly impacted by the pandemic and

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are expected to grow by an average 2-3% annually primarily due to scheduled water and wastewater rate increases, partially offset by decreases in telecommunication taxes.
• Investment income has dropped sharply reflecting the historically low interest rates of the last few years. FY 2021-22 estimated actual revenues are $0.3 million less than budget. While revenues are expected to begin to increase in FY 2022-23 as interest rates rise, the City’s investable fund balance has declined as the City was forced to use reserves during the pandemic, which will limit the increase in investment income.
• Revenues from fees, charges, and certain other revenue sources are essentially tracking to budget, but are still nearly $15 million below pre-COVID peaks, reflecting continued program closures and reductions resulting from the pandemic induced budget cuts. Increases are primarily driven by the proposed expansion of recreation programs and contract class offerings. • The real estate market has performed stronger than expected during the pandemic as property values have continued to rise and the number of property sales has continued on a healthy pace. Revenues from the voter-approved Measure SM have exceeded expectations. Based on this, Documentary Transfer Taxes in FY 2021-22 are expected to exceed budget by $2.7 million.

Revenues are projected to decrease in FY 2022-23 from the peak of the previous year and then remain relatively flat during the forecast period.

General Fund Five-Year Financial Forecast

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The Five-Year Financial Forecast has been updated from the Forecast presented in May 2021 that informed the FY 2021-23 Biennial Budget. The figure above shows the balance of General Fund revenues less expenditures on an annual basis for the five fiscal years following the Biennial Budget period. The Forecast has two scenarios - the Probable Scenario and the Worst Case Scenario. Both scenarios incorporate the following assumptions:
• New revenue projections reflecting actual revenues generated in the first half of the year and updated assumptions based on economic trends and projections by hospitality industry, sales tax and property tax experts. Changes to the FY 2021- 23 budgeted revenues are included in Attachment A and noted in the Midyear Budget Adjustments section below.
• Updated expenditures for the FY 2021-23 Biennial budget and updated future year projections. FY 2021-23 changes reflect Council actions take since the adoption of the FY 2021-22 Budget that had not been reflected in budget numbers, updated information received after the adoption of the Budget, updated payments based on some increased revenue estimates, and from proposed Midyear position and program restorations presented in this report. Changes to

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the FY 2021-23 budgeted expenditures are detailed in Attachment A and noted in the Midyear Budget Adjustments section below.
• $11 million surplus set aside to build reserves: The Forecast sets aside $11 million of projected unprogrammed revenues in FY 2021-22 to General Fund reserves. In addition to helping stabilize the General Fund in the face of new fiscal challenges, considering the continuing economic uncertainty being caused by new coronavirus variants, if the retail and hospitality projections fall short of the current forecast, these funds will not have been committed to ongoing costs.

The Forecast also sets aside funds each year through FY 2023-24 for ongoing COVID-related costs.
• 15% contingency reserves gradually restored: The Forecast assumes that the City will begin increasing the threshold level for its rainy day fund, or contingency, reserves by .5 percentage points each year beginning in FY 2022-23, reaching 15% in FY 2026-27. This is critical to maintain the City’s AAA bond rating. On May 5, 2020, Council authorized staff to lower the General Fund contingency reserve level from 15% of ongoing expenditures to 12.5% to help balance the budget while revenues experienced severe declines. Strong reserves protect our ability to provide essential services and retain jobs during emergencies and economic fluctuations, and are also a signal of a City’s financial health. • Capital Improvement Program: The FY 2020-21 Adopted Budget lowered the General Fund capital improvement program (CIP) annual budget allocation from $21 million to approximately $7.3 million in FY 2020-21. The FY 2021-22 and FY 22-23 amounts dedicated to the CIP budget are $12.2 million and $12.0 million, respectively, with funding restored to the $21 million level in FY 2025-26. While there are very small increases in the amount dedicated to capital projects each year leading to FY 2025-26, these increases are not enough to address deferred infrastructure and equipment maintenance, price escalation in this area, and a renewed focus on community amenities that were put on hold during the pandemic, such as the Memorial Park Expansion project and planning for the Airport to Park Conversion. Beginning in FY 2026-27, the forecast assumes two years of additional $4 million contributions beyond the $21 million baseline

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program.
• Paying deferred GSH Tax Revenue to Affordable Housing: The forecast reflects the payment of the $6.3 million deferred amount to the Affordable Housing Trust Fund over three years beginning in FY 2023-24. In May 2020, seeking one-time funds to support critical General Fund services, Council authorized staff to suspend the FY 2020-21 annual transfer of Measure GSH tax revenues from the General Fund to the Housing Trust Fund (per a November 2016 voter-approved advisory measure). These annual payments, as well as the catch-up deferred payment, will play an important role in the City achieving the targets of its recently adopted Housing Element and its RHNA allocation for 8,895 new housing units, of which 6,168 must be affordable, from 2021-2029. • Unfunded Pension Liability Paydowns: The Forecast assumes that the City will resume making additional discretionary paydowns to CalPERS, the City’s pension fund, in FY 2022-23. This resumes the previously authorized accelerated paydowns of the City’s unfunded pension liability which will decrease the amount of interest that the City pays on its pension debt and result in significant savings over the long-term. In May 2020, Council had authorized staff to suspend additional discretionary paydowns for two years, in FY 2020-21 and FY 2021-22, and to shift from a 13-year to a 15-year payment schedule in order to address the fiscal emergency.

The Worst Case Scenario, which begins with a negative balance of $6.7 million in FY 2021-22, and ends with a deficit of $19.4 million, includes a combination of revenue under-realization and higher than anticipated expenditures. Revenues in this scenario reflect a significantly slower economic recovery in which business license revenue is impacted by a prolonged period of remote work that continues through calendar year 2022, the Omicron surge inhibits current year sales tax and transient occupancy (hotel) tax revenue recovery and adjusts the baseline for future year growth, and where the assessed value of properties, which drives the growth of property taxes, moderates. At the same time, non-salary expenditures would grow slightly to reflect inflation, and slight but persistent underperformance of the CalPERS retirement portfolio would result in higher pension contributions in the later years of the forecast.

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Not included in the forecasted expenditures of either scenario are a number of needs competing for limited ongoing resources, including:
• Continuation of activities that are funded on a one-time basis, such as the Clean & Safe initiatives funded using prior year savings, and additional public safety deployments currently funded using $1 million in one-time ARPA funds. • Additional service restorations that are not fully offset by revenues, such as the restoration of service hours across the City’s library facilities, enhanced in-person programming and restoration of programs and capacity for youth and recreation. • Expedited rebuilding of the City’s capital program. Status quo in this area continues the cycle of deferred maintenance that began with the pandemic, and further delays projects requested by the community.
• The impact of labor negotiations. The majority of City employees have not received cost of living increases in two years and also suspended cash-outs of unused leave time, while some employee groups also experienced temporary paycuts lasting up to two years. At the same time, employee workload has increased significantly since the significant reduction in positions in FY 2020-21, and the difficult labor market requires employers to stay competitive in their salaries and benefits.

The projected balance, beginning in FY 2022-23, that is shown in the Probable Scenario balance provides some ability to address these competing needs beginning in FY 2022-

23. Specific decisions related to the programming of this balance will be considered as part of the FY 2022-23 Budget process in May and June 2022.

Other Funds Status
The February 2022 Five-Year Forecast includes other major funds that fall into two categories: 1) funds that bring in sufficient revenues to sustain operating and capital costs; and 2) funds that have structural deficits, in which revenues are not sufficient to cover expenditures. Similar to the General Fund, the projections in the Other Funds reflect the impacts of pandemic-related restrictions.

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Self-Sustaining Enterprise Funds
The following enterprise funds are projected to bring in sufficient revenues to support operations throughout the updated Forecast period:

The Water and Wastewater Funds will maintain a positive balance through the Forecast period. These Funds are making progress on a number of projects that will increase locally sourced water supply and reduce the City’s reliance on imported water.

These projects include the Arcadia Water Treatment Plant Expansion Project (Water Fund) and the Sustainable Water Infrastructure Project (SWIP) (Wastewater Fund).

Historically, imported water has cost as much as 30% more than local water. By continuing to invest in local water supply, the City diversifies and enhances its drought resiliency and provides long-term cost savings and cost certainty for the community.

Water and wastewater rate adjustments approved by Council on January 28, 2020, as well as revenue bonds issued in August 2021, a Clean Water State Revolving Fund Loan, and three recent grant awards (including: a California Department of Water Resources Proposition 1 Water Desalination grant; a Los Angeles County Flood Control District Measure W grant; and a Metropolitan Water District of Southern California Local Resources Program grant) continue to ensure that the Water and Wastewater Funds maintain healthy fund balances over the forecast period, allowing the Funds to maintain current operations while also completing capital projects to increase local water supply.

The Big Blue Bus (BBB) Fund will maintain a positive fund balance over the Forecast period through the use of Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funds, which are one-time federal funds allocated to transit agencies in response to COVID-19. This federal funding provides financial support to transit agencies in response to the adverse impact of the pandemic on transit operations and ridership. Despite ongoing challenges due to the pandemic, FY 2021-22 marks the transitionary period of recovery for the Department of Transportation as the FY 2021-22 midyear budget reflects an increase to BBB’s operating subsidies by $6.5 million, or 11%, over the prior year’s allocation based on final funding marks provided by Metro in June 2021. This increase in funding brings the Department’s funding levels closer to pre-pandemic levels, with the exception of State Transit Assistance (STA) and

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Senate Bill 1 (SB1) funding, which are based on an estimate of prior year sales tax on fuel and diesel fuel, and were estimated to decline year-over-year due to price fluctuations and decreases in consumption. While recent ridership trends reflect a gradual recovery, the impact of Omicron has had an adverse impact on the use of public transportation. The Department continues to monitor and track ridership.

The Airport Fund is projected to remain self-sustaining throughout the forecast period.

Due to the COVID-19 pandemic, there are currently $1 million in rent deferments that are due for repayment this fiscal year, with some of the outstanding amounts abated via the General Fund's abatement program.

The Community Broadband Fund will maintain a positive fund balance throughout the Forecast period. However, like other City operations, Community Broadband has been impacted by the COVID-19 pandemic by non-renewal of service for customers that have vacated business offices to work remotely. Long-term fiscal stability of the Fund has been established with the execution of service agreements with Verizon Wireless and TMobile for their 5G deployments. Staff will continue to monitor market conditions, changes to customer service accounts, and competition within the telecommunications industry to ensure fiscal sustainability.

The Cemetery Fund will maintain a positive fund balance throughout the Forecast period. Although the inventory for plots will be depleted by FY 2029-30, staff continues to assess overall Cemetery operations, projected plot sales, and reconfiguration and development of Cemetery area in order to extend inventory and maintain fiscal sustainability.

The Housing Authority Fund is stable and will maintain a positive fund balance throughout the Forecast period. The CARES Act approved additional administrative funding for the Santa Monica Housing Authority which will supplement traditional Section 8 administrative funding this year. This additional funding will create a surplus that will be used to offset future year administrative deficits.

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The Vehicle Management Fund and Information Technology Replacement & Services Fund will maintain positive balances through the Forecast period. However, to maintain a positive balance, the Funds have had to defer scheduled replacement and maintenance of equipment, primarily due to a one-time, two-year suspension/reduction in FY 2020-21 and FY 2021-22 in General Fund funding associated with revenue shortfalls from the pandemic. In the Vehicle Management Fund, the suspension totaled $8.8 million and resulted in the majority of the 227 vehicles scheduled for replacement to be deferred to FY 2022-23 and beyond. In the Information Technology Replacement & Services Fund, the suspension totaled $3.4 million and resulted in the deferment of all computer equipment replacements for two years beyond their scheduled replacement.

This is not sustainable and funding needs to be restored. As General Fund revenues continue to gradually improve, funds will need to be earmarked to initiate repayment of the suspended contributions, which will enable the replacement and maintenance of equipment that was deferred and to ensure that the Funds remain self-sustaining.

The Stormwater Management Fund and Special Revenue Fund will generate adequate revenues to remain sustainable throughout the Forecast period.

Funds Requiring Attention
The Resource Recovery and Recycling (RRR) Fund will remain self-sufficient through FY 2023-24, partially attributed to the infusion of one-time funds from the closeout of old construction and demolition projects in FY 2021-22. To remain solvent and address operational and capital needs, staff will evaluate solid waste rates. Staff will initiate a rate study and consider presenting a rate adjustment to Council, with the new rates anticipated to be effective in 2023.

Funds Requiring Subsidies
The Pier Fund Forecast typically reflects sufficient revenues to fund operating costs and to partially fund capital costs. The COVID-19 pandemic has, however, had a significant impact on Pier operations and the Pier Fund, resulting in projected deficits that required General Fund subsidies. The primary revenue sources for the Pier Fund are lease payments and parking income, which have been severely impacted due to

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COVID-19. The Pier was closed to the public at various points in the pandemic, with reopenings happening over time as restrictions on dining, amusement parks, arcades, etc. being lifted at different times. Lease revenues have seen increases in percentage rent.

Although parking revenues have not yet returned to pre-pandemic levels, due to the Pier parking lot re-opening date pushed from September 2021 to potentially Spring 2022, it is projected that revenues will return to previous levels in FY 2023-24. However, the City is in the planning stages of the Pier Bridge Replacement (funded through the Caltrans Highway Bridge Program), which will impact parking revenues once construction begins in FY 2025-26, as access to the Pier Deck parking lot may be impacted. As such, the fund is projected to require subsidies ranging from $1.5 million to $2.5 million to maintain a positive fund balance through the forecast period and to fund critical capital projects which can no longer be deferred. Staff continues to seek efficiencies to ensure fiscal sustainability, including seeking grant funding from the Economic Development Administration (EDA) to support capital expenditures.

The Beach Fund has been significantly impacted by the COVID-19 pandemic. Parking revenues are recovering but are not expected to return to pre-pandemic levels until FY 2022-23. Indoor and outdoor dining, special events, classes, pool operations and Beach House day use continue to experience gradual recovery. The Beach Fund is anticipated to maintain a positive fund balance throughout the forecast period, primarily due to prior year advances from the General Fund, receipt of ARPA funds, a loan from the Special Revenue Source Fund, and a planned parking rate increase in FY 2022-23. Staff continues to seek efficiencies to ensure fiscal sustainability, including seeking grant funding from the EDA to support capital expenditures, which have been previously deferred.

FY 2021-22 Midyear Budget Adjustments
Revenue Adjustments - General Fund
Staff now projects actual revenues for FY 2021-22 of $384.1 million. This projection is based on actual data from July to November 2021 as well as anticipated changes in economic conditions and community behaviors over the remainder of the fiscal year.

These projections require adjustments to increase FY 2021-22 Revised Budget revenue

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targets in the General Fund by $30.7 million. A summary of the significant budget changes is below. Attachment A details all revenue budget changes.

Type of Revenue Amount of Change
Sales Tax (including TUT) $9.2 million
Utility Users Tax $1.5 million
Transient Occupancy (Hotel) Tax $13.6 million
Property Tax $0.3 million
Business License Tax -$0.3 million
Documentary Transfer Tax $2.7 million
Parking-Related Revenue $3 million
Fees/Charges/Other $0.9 million
Investment Income -$0.3 million
Revenue Adjustments - Other Funds
FY 2021-22 revenue changes in the Other Funds result in an increase of approximately $81.0 million. Significant revenue adjustments in other funds include:
• Beach Fund - Decrease of approximately $454,000, primarily reflecting the impacts of COVID-19 on parking revenues and a correction to encroachment fee revenue, partially offset by revenue increases in event rentals from private events and day use fees at the Beach House.
• Big Blue Bus Fund - Increase of approximately $28.3 million, primarily from receipt of one-time Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funding, revised funding marks from LA Metro and increased passenger revenue from an increase in ridership. The increases are partially offset by a one-time reduction in capital expense reimbursement revenues due to project delays.
• Cemetery Fund - Increase of $250,000 to reflect the receipt of the second half of a private donation to support Cemetery maintenance.
• Housing Authority Fund - Increase of approximately $971,000 from increased utilization of Section 8 Vouchers, inclusion of new revenue from the Emergency Housing Voucher program, and grant reimbursement revenues.

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• Pier Fund - Decrease of approximately $660,000, primarily from decreases in parking revenue due to continued lot closure through early Spring, partially offset by increases related to common area maintenance fee revenue from new tenant agreements and greater than projected pier rentals income. • Resource Recovery and Recycling Fund - Decrease of $1.2 million to correct the budget for forfeited construction & demolition deposit revenues that were recognized in a prior year in accordance with accounting practices. • Self-Insurance, General Liability and Auto Fund - Increase of $54.9 million, reflecting a one-time payment from the General Fund for settlement of claims brought against the City.
• Vehicle Management Fund - Increase of approximately $919,000, reflecting the implementation of increased vehicle maintenance rates charged to other City funds to account for full cost recovery and a one-time contribution from the Wastewater Fund for vehicle replacements.
• Wastewater Fund - Decrease of approximately $829,000 related to one-time decreases in Industrial Waste revenue from business closures associated with the pandemic and pass-through revenues for Capital Facilities Fees and Amalgamated System Sewerage System Charges from slow development activity.
• Water Fund - Decrease of $1.2 million reflecting a reduction in Capital Facilities Fees due to slow development activity.

Expenditure Adjustments and Personnel Changes - General Fund Staff proposes General Fund operating expenditure adjustments that result in a $63.6 million net increase to the General Fund budget. It is important to note that $54.9 million of this amount represents the payment of funds set aside in General Fund reserves to the Liability Self Insurance Fund to pay for settlement of claims brought against the City.

This action was approved by Council on August 24, 2021. The remaining $8.7 million in budget adjustments reflect items Council has directed or approved since the FY 2021- 22 budget was adopted but whose specific financial impact had not yet been approved and reflected in the revised budget, items that reflect new information on fixed costs,

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and items that have a substantive impact on the overall budget and operations, as well as accounting-related changes. While Attachment A includes details of all expenditure adjustments, highlights are noted below.

Budget adjustments reflecting Council direction or actions taken since the FY 2021-22 Budget adoption:
• Appropriation of $1 million in prior year capital improvement program savings for Clean and Safe measures, including increased safety deployment using a combination of equipment and contracted services, outreach services for the City’s unhoused individuals, additional activation and safety elements at parks and open areas, and enhanced maintenance in heavily impacted areas and facilities, as directed by Council on October 26, 2021. • Appropriation of approximately $2.0 million to reflect the final debt service payment schedule for the City Yards Modernization lease revenue bonds approved by Council on July 13, 2021and issued in August 2021.

Budget adjustments for revenue-sharing payments, reflecting increased revenues:
• Appropriation of approximately $2.2 million to increase the Measure GSH payment to the Santa Monica Malibu Unified School District from the General Fund, reflecting increased Transaction and Use Tax (TUT) revenues. • Appropriation of approximately $1.1 million to increase the Measure GSH payment to the Affordable Housing Trust Fund from the General Fund, reflecting increased TUT revenues.
• Appropriation of approximately $289,000 to increase the payment for parking management services related to the parking revenue sharing agreement for Parking Structures 7 & 8, reflecting increased parking revenues.

Adjustments based on new information
• Adjustments to the FY 2022-23 Budget Plan to cover pension contribution increases not known at the time of the FY 2021-23 Biennial Budget adoption.

The increases are due to CalPERS falling short of its investment target in FY

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2019-20 (there is a lag of two years when determining CalPERS contributions on actual performance or other benefit changes) and adjustments to the City’s pension costing assumptions due to the changing mix of employees and their benefit levels.

Adjustments to Restore and Enhance Services
During the restructuring that occurred as part of the FY 2020-21 Budget, a large number of positions ultimately eliminated were administrative positions. These positions support the direct services that departments provide, either by completing financial or procurement functions, addressing customer inquiries or public records requests, or tracking various work efforts. While positions clearly addressing direct services have been restored at some level, administrative restorations have lagged even as facilities and programs have reopened and work levels have increased. Not addressing these administrative gaps leads to declines in customer service and ultimate service delivery, in addition to an increased level of legal and financial risk. Staff recommends that Council consider the following position changes that will restore or enhance services:
• City Council Office: Increase of 1.0 permanent FTE position - A new Staff Assistant III position will provide dedicated administrative support to Councilmembers and the Mayor, allowing the Council Office and Legislative Affairs Liaison to focus on Council legislative and policy advocacy, identifying funding opportunities, supporting inter-governmental engagement, and supporting Councilmember communications and events.
• City Manager’s Office: Increase of 2.0 permanent FTE positions - A new Customer Service Assistant position will expand the full time 311 team in order to staff the reception desk at City Hall and City Hall East while continuing to respond to community member information requests, and a new Equity and Inclusion Manager that will lead implementation of department-specific programs and ensure all City programs and services are designed to promote equity and inclusion at all levels.
• City Attorney’s Office: Increase of 1.0 permanent FTE position - A new Legal Assistant position will assume responsibility for the administrative and paralegal

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work that fell to the City Attorney and Deputy City Attorneys following staff reductions, allowing attorneys to focus on legal matters. • Community Development: Increase of 2.0 permanent FTE positions - A new Staff Assistant III and a Senior Administrative Analyst will take on administrative, customer service, financial and budget analysis, workload currently done by Planners and Division Managers, thereby allowing them to focus on planning and policy work. Additionally, the restoration of an Administrative Analyst position to a Senior Administrative Analyst position will provide the Building and Safety Division with the position appropriate to overseeing the Division’s budget and managing the Seismic Retrofit Program, including providing customer support for this priority program that is vital to the life safety of residents and visitors. • Community Services: Increase of 2.0 permanent FTE positions and 0.7 asneeded FTE positions - The addition of one Community Services Program Supervisor and .7 FTE as-needed Community Services Leader positions will allow the City to offer more tennis reservations, basketball, volleyball, field, and indoor soccer permits, skate park classes and drop-in hours, and weekly introductory pickleball classes. Fees paid by participants in the various programs would cover the staffing costs, so the proposal would be cost-neutral to the City.

A new Staff Assistant III position will provide consistent and streamlined support to the Department’s remaining nine Commissions and Advisory Bodies, upon resumption of in-person meetings. In alignment with Council’s direction to consolidate and minimize costs, CSD will shift from the pre-pandemic model of providing two positions to support each commission (one Staff Assistant and one more costly Staff Liaison) to one dedicated Staff Assistant. The change in staffing is not only cost effective - as Staff Liaisons traditionally range from Senior Analysts, to Managers, to Department Heads, including positions eliminated during restructuring - but provides the added benefit of dedicating a single staff position responsible for uniformity in agenda preparation, meeting minutes, accommodations for accessibility needs including managing accessibility vendors, and communications with commission members. An additional change, not impacting budgeted positions, is an adjustment to the Community Classes

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and Camps program to add 180 camps with availability for 3,900 participants.

Revenues from camps and classes would cover the cost of programming. • Department of Transportation: Increase of 2.0 permanent FTE positions - 2.0 FTE Parking Permits Assistants will allow the Parking Division to respond to the need for improved front-line customer services provided to Santa Monica residents, visitors, and the business community and enable staff to increase Go SAMO Center public counter hours of operation, alleviate delays in processing permits and parking citations, and expedite service improvements. Additionally, the change from a Senior Transportation Planner position to a Principal Transportation Planner will establish a supervisory position for the Capital Projects Team. This team is responsible for implementing critical road safety projects in furtherance of the City’s Vision Zero goal of eliminating all fatal and severe injury crashes. The change addresses an internal audit study observation regarding program management.
• Finance: Increase of 1.0 permanent FTE positions - The addition of a Principal Buyer and escalation of the Senior Procurement Analyst position to a Principal Procurement Analyst will expedite solicitations, introduce greater automation and create efficiencies for staff as the City restores services. These positions will also allow the Department to develop and implement a procurement program that will provide access to local, small and underprivileged businesses in order to promote equitable economic recovery. The change from an Administrative Analyst to a Business License Supervisor will allow the Business License Administrator to focus on strategic initiatives such as Business License Tax modernization, technology improvements, and economic recovery efforts as well as revenue enhancement initiatives such as potential ballot measures and audit and discovery programs. These changes also address succession planning. • Fire: Increase of 1.0 permanent FTE position, offset by deletion of 0.9 FTE asneeded position - The addition of one permanent Staff Assistant III position, offset by the deletion of as-needed budgeted hours, will provide the necessary administrative support to ensure that the Fire Department meets state/federal standards regarding maintenance of mandated training records for all firefighters;

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will assist with documenting the mutual aid strike team deployments to provide full reimbursement to the City for wildfire responses; and, will aid the Training Division and upcoming firefighter recruit academy to support newly hired SMFD recruits and the current workforce to ensure employees are trained appropriately for all-hazards emergency response which align with SMFD policies and national best practices.
• Human Resources: Increase of 3.0 permanent FTE positions - The addition of two Senior Human Resources Analysts and one Human Resources Analyst will build operational capacity to support City departments responsible for delivering critical community services and programs. This support enhances our ability to attract and retain employees and fill critical vacant positions, support and implement legally mandated programs, and respond to employee, organizational and workplace needs. HR has experienced a sizable increase in workload, including upcoming 6 contract negotiations, meet and confer for classification changes, accommodations process, mandatory leave programs and mandatory vaccination program.
• Information Services: Increase of 2.0 permanent FTE positions - The addition of an Administrative Analyst and a Project Support Assistant will provide administrative support of critical Citywide technology, systems, infrastructure, and services, including those technologies that provide direct support to the City’s constituents, such as the 311 system, City website, permitting systems, and GIS systems that underly public facing City maps, public safety’s CAD/RMS system, cellular and radio communications, and camera systems, as well as new technology implementations such as contract management and information security systems that protect the City's digital assets that the public connects to for services.
• Library: Increase of 1.0 permanent FTE position and 0.4 FTE as-needed positions - Staffing changes will increase two part-time positions to full time, resulting in a Librarian I and a Library Literacy Program Assistant, to address gaps in adult programming and literacy services as the Library prepares to expand operations in the coming year. This aligns specifically with the City’s

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commitment to providing equitable and inclusive resources and ensures that our most vulnerable community members are supported through literacy and learning, dynamic programs, and knowledgeable staff. The addition of as-needed Library Services Officer staffing will allow for the activation of the Fairview Branch Library via self-service, a first step in restoring library service and ensuring residents have a clean and safe “third space” in their neighborhood to access a wide variety of materials, technology, programs, and connect with others. • Police: Increase of 4.6 as-needed FTE positions - The addition of as-needed Traffic Service Officers will restore the Police Department’s ability to positively address the issue of limited parking spaces by enforcing timely parking space turnover. These positions will help to ensure the Police Department can attend to traffic control, vehicle accidents and special occurrences. The duties performed by the Traffic Service Officers contribute to vehicular safety and improved traffic circulation.
• Public Works: Increase of 2.0 permanent FTE positions - The addition of an Administrative Staff Assistant will restore administrative support to various divisions and reinforce the department’s effort in actively monitoring and ensuring timely response to community needs through the 311 system, such as graffiti removal, human waste cleanup, street litter, and more. The addition of a Project Support Assistant (PSA) will enable project managers to focus their time on quality assurance and expeditious delivery of projects that promote a clean and safe community such as the Park Safety Enhancements, and Marine Park Safety Upgrades, as well as projects that support community recovery such as the Virginia Avenue Park Kitchen. Additionally, the PSA will enable senior staff to properly support and administer the new grants and outside funding sources being pursued for improved community spaces (e.g. Gandara Park Improvements) as well as ensure compliance with industry best management practices.

Expenditure Adjustments and Personnel Changes - Other Funds Staff proposes operating expenditure adjustments that result in a $6.1 million net

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decrease in the non-General Fund Funds. Attachment A details all expenditure adjustments.

A summary of the significant budget changes is below.
• Reduction of approximately $800,000 to correct the affordable housing-related fund transfers in the Special Revenue Source Fund, based on staffing expansions approved by City Council on November 23, 2021, and policy decisions on the contribution amounts required from the Low/Moderate Housing Asset Fund, TORCA Fund and General Fund. The transfers help support the costs of the Housing unit staff that operate affordable housing programs. • Approximately $1.1 million reduction from the transfers to the Special Revenue Source Fund related to Measure GSH, as result of increases in Transaction and Use Tax revenues.
• Approximately $6.3 million reduction to correct the budget for the GSH transfer to the Special Revenue Source Fund (SRSF), which was not included in the adopted budget. The General Fund portion of the transfer was included in the budget; however, the SRSF portion was inadvertently omitted.

Additionally, staff recommends that Council consider the following position changes in the Other Funds, which will restore or enhance services. • Community Services: Increase of 2.3 as-needed FTE positions in the Beach Fund - Addition of the as-needed positions will enable Beach House's Event Services team to be responsive to the people, businesses, and organizations who wish to plan revenue-generating conferences, meetings, retreats, and various social gatherings and celebrations at the Beach House. Additionally, the positions will enable the restoration of programs at the Beach House, including year-round recreation programs, Spring and Fall aquatics programming, Summer pool access, and weekend staffing to support public use of the Beach House and visits to the Santa Monica State Beach.
• Department of Transportation: Increase of 1.0 permanent limited term FTE position in the Big Blue Bus Fund- The new Transit Training Coordinator position

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will assist the department to train new and current Motor Coach Operators (MCO’s) given a severe shortage of MCO’s. The position is essential in helping the department to meet service levels. The position will also assist the training division in updating training modules for the transition to the electric bus fleet as BBB places more e-buses into service to meet the department’s Zero Emissions Program. While the need is immediate and dire, the position being requested is for a limited duration to execute an aggressive, recruitment campaign through FY 2022-23. Additionally, a 1.0 FTE Lead Transit Training Coordinator position is being deleted, offset by the addition of 1.0 FTE Safety and Training Supervisor to support the department's effort to hire, train and retain Motor Coach Operators and ensure the department’s compliance with safety-related federal and state regulations, certifications, training of Big Blue Bus’s safety-sensitive positions, oversight of drug and alcohol testing compliance and oversight of safety and training for the overall department. This position is essential to restoring and maintaining service levels and keeping our system safe. • Finance: Increase of 1.0 permanent FTE position in the Workers’ Compensation Fund- The new Senior Risk Management Analyst position, supporting the Workers’ Compensation program, will help reduce absences for injured employees, particularly public safety employees, which will advance the community priority of a Clean and Safe Santa Monica, while a position change from a Risk Management Analyst to a Senior Risk Management Analyst in the Self Insurance Risk Management Administration Fund supporting all other programs (Liability, Insurance Requirements & Safety) will resolve staffing challenges and focus on cost containment and payment recovery programs. • Information Services: Increase of 1.0 permanent FTE position in the Community Broadband Fund - The new Administrative Analyst position will provide the resources required to maintain customer contracts, accounts receivables, and assist with closing new broadband sales to promptly respond to new Santa Monica businesses requesting broadband service in the City.

Additionally, the addition of the Principal Network Engineer and deletion of the Broadband Services Engineer in the same fund will provide the appropriate

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resource required to support the complexity of technical work required to meet the City's service level agreements with major U.S. wireless carriers providing 4G and 5G cellular services to the community.
• Public Works: Increase of 1.0 permanent FTE position in the Resource Recovery and Recycling (RRR) Fund and 1.0 permanent FTE position in the Airport Fund - The addition of a Zero Waste Assistant in the RRR Fund will enhance the City’s ability to provide zero waste and recycling education and outreach, offer on-site technical assistance and training to residents and businesses, and support various regulatory compliance requirements of Senate Bill 1383 under the statewide mandatory organics recycling law. The addition of a Property Management Specialist in the Airport Fund will decrease the City’s dependency on the outside property management firm and ensure maximum leasing and efficient property management for City-owned facilities at the Airport.

The Property Management Specialist will process lease documents, resolve tenant disputes, ensure lease compliance, collect rent and issue default notices.

Finally, the Department proposes to upgrade a Custodian I to a Maintenance Worker position in the Beach Fund to provide greater flexibility in deploying staff to better respond to issues that arise and further the community priority of a Clean and Safe Santa Monica. A Maintenance Worker will be able to perform equipment repairs, remove graffiti, perform minor plumbing, painting and carpentry work, operate power and heavy equipment in addition to cleaning, restocking and trash removal duties that are performed by a Custodian I.

The combined midyear staffing adjustments in all funds result in a net increase of 25 permanent FTE positions (20.0 in the General Fund) and 7.1 as-needed FTE positions (4.8 in the General Fund). With these staffing adjustments, the City will have added back approximately 21% of full-time equivalent positions cut in FY 2020-21, and 19% of General Fund positions cut. Attachment A describes each budget change in detail.

Attachment B is a Salary Resolution detailing new classifications and salary rates, and Attachment C details the staffing adjustments.

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Capital Improvement Program (CIP) Budget Adjustments
Recommended changes to the FY 2021-22 CIP budget include a net budget increase of approximately $0.7 million to three non-General Fund project budgets. The budget changes are detailed in Attachment A and summarized below.

General Fund- Capital Budget
No changes proposed.

Non-General Funds- Capital Budget
Special Revenue Fund
The Park and Recreation Impact Fee is collected from new residential and commercial development for eligible park-related projects. Staff recommends allocating $150,000 in currently available impact fee resources to the Park Condition Assessment project. This project will provide the baseline information on the condition of park infrastructure and timing of replacement costs to inform critical needs and community discussions. In addition, the project will support moving forward with adoption and implementation of the Parks & Recreation Master Plan.

Clean Beaches and Ocean Parcel Tax Fund
The Clean Beaches and Ocean Parcel Tax collects revenue to be used solely for the purpose of implementing the City’s Watershed Management Plan projects. Staff recommends allocating $66,528 in currently available Measure V resources to the Pier Storm Drain Repair project. This project will fund repairs to the 60-inch storm pipe located under the Pier and install concrete anchors.

Vehicle Management Fund
Staff recommends appropriating $0.5 million of Vehicle Management Funds collected from conventional fuel fleet user groups for depreciation of equipment for the Diesel Fueling Station project. The project will implement required soil remediation needed at City Yards as a result of the removal of the previous unleaded and diesel fueling station.

In addition, a new temporary above-ground diesel fueling station will be installed at the

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Colorado Yards. As the City transitions fully away from liquid fossil fuels, there are still a small number of industrial vehicles that will require diesel fuel until the industry can catch up.

Adjustment to City Fines and Adoption of Penalty Fine Schedule Staff is also presenting adjustments to the Master Fine Schedule Resolution (Attachment D) as follow:
• Library Fines: Staff recommends eliminating overdue fines at the Library for all adult cardholder accounts to remove barriers to access and promote social equity in our community. Eliminating overdue fines for adult cardholders aligns with the Council’s prior 2018 action to eliminate overdue fines for children and teens. The existing fees for lost or damaged items will remain unchanged. • Second Shared Mobility Progressive Penalty Fine Schedule: In March 2021, Council directed staff to implement the Second Shared Mobility Pilot Program that was delayed due to COVID-19. On April 8, 2021, the City published administrative regulations relating to the Second Shared Mobility Pilot Program (Administrative Regulations). Currently, violations of the Administrative Regulations are subject to the City’s standard fine amounts. The Administrative Regulations, however, recommend a progressive non-standard penalty schedule that defines different classes of penalty types and amounts, and enforcement escalations for both Public Right of Way (PROW) violations such as ADA blockages, improper deployments, and complaint response time, and administrative non-compliance such as geo-fencing and data issues. The penalty schedule will deter noncompliance and incentivize operators to quickly resolve important PROW safety and administrative issues.

The Code Enforcement and Mobility Divisions developed the penalty schedule based on other Santa Monica Municipal Code fine amounts. The penalty schedule is structured to increase penalty amounts on violations concerning safety and lower amounts or have no escalation for administrative violations. The

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penalty schedule will be enforced by the Code Enforcement officers assigned to enforcing the Administrative Regulations for the Second Shared Mobility Pilot Program. Staff recommends Council adopt the penalty schedule as presented in the Administrative Regulations.

Potential Revenue Measures
As discussed above, while the recovery in General Fund revenues has been stronger than anticipated, FY 2021-22 estimated revenues are still approximately $30 million below the pre-COVID peak in FY 2018-19 and $50 million less than would have been anticipated had the pandemic and resulting recession not occurred. A strategic option to help restore and enhance City services, especially services addressing the community priorities of Addressing Homelessness, Clean and Safe Santa Monica, and Equitable and Inclusive Economic Recovery, to desired levels is to consider revisions to existing tax rates as well as options for new tax measures. As an example, Measure SM, which increased the real estate transfer tax on properties selling for $5 million or more, was approved by the voters in November 2020 and has contributed approximately $3.3 million to revenues in the first nine months of implementation. The City has reached its statutory limit on increasing Transaction and Use Tax rates, but other measures, listed below, are still feasible. It should be noted that the viability of each measure must be considered separately and carefully, and not every measure may be appropriate for this time. With Council’s direction, staff will begin its review of the feasibility, timing and structure of the potential tax measures outlined below. Tax measures generally are put on the ballot during a regularly-scheduled General Election in even-numbered years. Staff will focus on what measures are feasible for the November 2022 election. Some of the items below may not be best suited for the current year.

Measure Description Annual Revenue
Forecast
Library Parcel Tax A special tax (requires 2/3 of voter approval) dedicated to restoring
library services
~$2 million to $4 million
(depends on structure of
tax)
Transient Occupancy Tax Tax on lodging room rentals,
currently 14%, potential higher rate
for homeshares. Majority voter
approval required.
~$4 million for each 1%
increase; $0.1 million for
homeshare for each 1%
increase

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Parking Facility Tax Tax on parking fees, currently 10%.

Majority voter approval required.
~$1 million for each 1%
increase
Business License Tax Modernizing Business License Tax.

Majority voter approval required.

Unknown - further
analysis needed
The final decision as to which tax measures to pursue, the structure of each tax, and the timing for placement on the ballot will be recommended after research and polling are completed. Staff will return to Council with further information in the coming months.

The first significant revenue impact from any successful November 2022 ballot measure would be realized until FY 2023-24.

Park Planning Update
As part of the FY 2021-23 Biennial Budget, Council approved the restoration of a Limited Term Senior Park Planner. The demand for park planning and construction is great, despite very limited resources available for this work. The attached workplan for the park planning program (Attachment F) based on current staffing and capital improvement budget resources, will help to clarify what work is feasible during the position’s two-year term.

Modification of Internal Auditor Contract
At its November 16, 2021 quarterly meeting, the Audit Subcommittee of the Santa Monica City Council voted to amend the Internal Audit Plan for the year to include a review of Homeless Services Delivery. At a January 20, 2022 Special Meeting, the Audit Subcommittee approved a comprehensive evaluation which includes a review of the City’s homeless services planning and strategy, as well as its communications related to homelessness efforts, and compares them to best practices; reviews the roles of the City and the local, regional and State agencies that work in this area in addition to the service offerings in each of these areas; and evaluates the various City resources and organization structure dedicated to this area. Additionally, a portion of the services for persons experiencing homelessness in Santa Monica are provided in partnership with non-profit organizations that receive grant funding through the City’s Human Services Grants Program (HSGP). The Housing and Human Services Division had issued an RFP for periodic monitoring of HSGP grantees. It became clear that having Moss Adams complete monitoring engagements for the full portfolio of HSGP grantees would provide a greater understanding of the safety net of services for Santa Monica’s

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most vulnerable populations, better inform the review, and provide economies of scale.

Including the grantee monitoring work in the Internal Audit Plan will also provide greater transparency to the public as the results of the audit will be presented to the Audit Subcommittee and posted online on the Subcommittee’s webpage. The comprehensive evaluation of homeless services and the grantee monitoring work requires a second modification to the existing five-year contract with Moss Adams, LLP, the City’s contracted Internal Auditor, to add $240,000 ($150,000 for the homeless services audit and $90,000 for the grantee monitoring work). On August 25, 2020, Council approved the first modification to the Moss Adams contract (Attachment I) that was initially executed on October 9, 2019 (Attachment H) to reflect changes to the annual amounts of the contract due to the City’s restructuring, including lowering the amounts for the second and third years from $150,000 to $75,000. The proposed modification will result in a total contract amount of $931,000 over five years.

Relocation reimbursement for the Police Chief
During a challenging year in law enforcement and after almost a year during which the City operated with an interim Police Chief, the City began a recruitment for its Police Chief on June 28, 2021. The Police Chief’s salary and benefits are governed under the Executive Pay Plan (EPP). The City Council has adopted a resolution authorizing the City Manager to execute the EPP and establish the terms and conditions of employment including salary and benefits. On September 1, 2021, the City completed a nationwide recruitment effort, and the City Manager extended an offer of employment to the best candidate, Ramon Batista. After negotiations between the City and the candidate, the City Manager agreed to relocation expenses not to exceed $25,000 as part of the employment package. Staff requests that Council approve this benefit retroactively to align with the Police Chief’s start date of October 18, 2021.

Past Council Actions
Meeting Date Description
06/22/21
(Attachment E)
Adoption of the First Year and Approval of the Second Year of the FY 2021-23 Biennial Budget, Adoption of the Second Year of the FY 2021-22 Biennial Capital Improvement
Program Budget
08/25/20 Approval of First Modification to Moss Adams LLP

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(Attachment I) Contractual Agreement
Financial Impacts and Budget Actions
Recommended FY 2021-22 midyear budget adjustments result in:
• Revenues: $30.7 million increase in the General Fund and $81.0 million increases in all Other Funds, for a combined $111.7 million net increase over the citywide revenue budget.
• Expenditures: $63.6 million increase in the General Fund and $6.1 million decrease in all Other Funds, for a net combined $57.4 million increase throughout the citywide expenditure budget.
• FTEs: Increase of 20.0 FTEs permanent positions and 4.8 as-needed FTE positions in the General Fund. Increase of 5.0 FTE permanent positions and 2.3 as-needed FTE positions in All Other Funds.

Details of FY 2021-22 midyear adjustments are in Attachment A.

Prepared By: Oscar Santiago, Budget Manager
Approved Forwarded to Council
Attachments:

A. Attachment A - Budget Adjustments FY 2021-23
B. Attachment B - Salary Resolution
C. Attachment C - Position and Classification Changes
D. Attachment D - Fines Resolution with exhibits
E. Attachment E - Adoption of the First Year and Approval of the Second Year of the FY2021-23 Biennial Budget - web link
F. Attachment F - Update on Park Planning Priorities
G. Attachment G - Public Participation at Meetings
H. Attachment H - Moss Adams Original Agreement
I. Attachment I - Moss Adams First Modification
J. Written Comment
K. PowerPoint Presentation

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ATTACHMENT A
Revenues FY 2021-22 FY 2022-23
General Fund
Based on New Information C 29,784,719 16,763,791
Adjustments to Restore and Enhance Services D 918,369 460,355 Total General Fund Revenues 30,703,088 17,224,146
Others Funds
Council Action Since Adoption A 54,900,000 -
Based on New Information C 25,980,999 9,106,017
Adjustments to Restore and Enhance Services D 85,863 184,000 Total Other Funds Revenues 80,966,862 9,290,017
Total Revenues All Funds 111,669,950 26,514,163
Expenditures FY 2021-22 FY 2022-23
General Fund
Council Action Since Adoption A 58,274,729 3,015,204
Revenue Sharing Payments B 3,525,150 2,250,150
Based on New Information C (255) 5,584,349
Adjustments to Restore and Enhance Services D 1,756,056 2,793,267 Total General Fund Expenditures 63,555,680 13,642,970
Other Funds
Council Action Since Adoption A (528,215) 1,319,725
Revenue Sharing Payments B (7,353,750) (7,428,250)
Based on New Information C 595,286 1,859,173
Adjustments to Restore and Enhance Services D 441,083 831,535 Infrastructure Maintenance and Enhancements E 716,528 - Total Other Funds Expenditures (6,129,068) (3,417,817)
Total Expenditures All Funds 57,426,612 10,225,153
SUMMARY OF ALL FY 2021-23 BUDGET CHANGES
Change ID
Legend
This table summarizes all transactions included in the budget changes detail worksheet and provides a snapshot of the items that have a net budgetary impact.

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Packet Pg. 209 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT A
Fund/Department
Change
ID # Description
FY 2021-22
Increase /
(Decrease)
FY 2022-23
Increase /
(Decrease)
GENERAL FUND (01)

COMMUNITY

DEVELOPMENT
C Adjustment for FY 2021-22 reflects decreases primarily due to the continuation of outdoor dining fee waivers through June 30, 2022 and slower than anticipated permitting and zoning activity from a decrease in large development projects. The decreases are partially offset by increased lease revenue from percent rent, which is calculated on sales, in three city owned properties, as well as increased farmers' market revenues. FY 2022- 23 increase reflects continued recovery in percent rent and farmers' market sales.
$ (424,766) $ 600,781
TOTAL COMMUNITY DEVELOPMENT REVENUE ADJUSTMENTS $ (424,766) $ 600,781 C Adjustment for FY 2021-22 reflects decreased revenue from afterhours programming due to the reopening of the pool on Sundays and Mondays.

The decrease is partially offset by an increase in the sale of swim passes and other aquatics programs and increased activity in the issuance of field permits and gym and community room rentals. FY 2022-23 reflects the continued decreases in revenues for aquatics and reduced utilization of the Swim Center by Santa Monica College. $ 2,282 $ (306,007) D Adjustment for FY 2021-22 reflects increase in revenues from the proposed expansion of various community recreation programs, including Contract Classes, new pickleball programming, expanded tennis reservation hours, and skate camps and classes. FY 2022-23 adjustment reflects the revenue impact of expanding the community recreation programs above what was originally projected for FY 2022-23, which already accounted for some expansion. $ 918,369 $ 460,355
C Adjustment for FY 2021-22 and FY 2022-23 reflects the reimbursement to the City for landscaping costs at Santa Monica Lab School. The cost of the landscaping contractor is fully reimbursed by Santa Monica College, resulting in a net zero impact to the City.
$ 16,224 $ 16,224
C Adjustment in FY 2021-22 reflects a one-time reduction in revenue from the cancellation of the CREST Enrichment Fall 2021 Program. FY 2022-23 reflects an increase in CREST Enrichment program revenues above the amount originally budgeted.
$ (139,650) $ 94,668
TOTAL COMMUNITY SERVICES REVENUE ADJUSTMENTS $ 797,225 $ 265,240 FINANCE C Adjustment for FY 2021-22 reflects a one-time increase in reimbursements from SB 90 claims, partially offset by decreased Street Performer permit revenue primarily due to the uncertainty of COVID-19 restrictions in public spaces.
$ 14,025 $ -
TOTAL FINANCE REVENUE ADJUSTMENTS $ 14,025 $ -
FIRE C Adjustment for both years primarily reflects an increase to reimbursement revenue for special mutual aid deployments to assist with wildfires. In FY 2021-22, the increase is partially offset by decreases from delayed implementation of the Paramedic ALS Assessment Fee for BLS Transports. $ 620,457 $ 890,000
TOTAL FIRE REVENUE ADJUSTMENTS $ 620,457 $ 890,000
DETAIL OF ALL FY 2021-22 and FY 2022-23 BUDGET CHANGES

REVENUE BUDGET ADJUSTMENTS

COMMUNITY SERVICES
Change ID # assists in identifying multiple connected entries as summarized on page 1 of this attachment.

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ATTACHMENT A
Fund/Department
Change
ID # Description
FY 2021-22
Increase /
(Decrease)
FY 2022-23
Increase /
(Decrease)
DETAIL OF ALL FY 2021-22 and FY 2022-23 BUDGET CHANGES
Change ID # assists in identifying multiple connected entries as summarized on page 1 of this attachment.

LIBRARY C Adjustment in FY 2021-21 reflects a temporary increase in payments for lost. FY 2022-23 reflects a smaller increase in revenues from lost and damaged materials as accounts are brought current.
$ 27,500 $ 13,000
TOTAL LIBRARY REVENUE ADJUSTMENTS $ 27,500 $ 13,000
POLICE C Adjustment primarily due to increased parking citation issuance as a result of adding Traffic Services Officers, greater than anticipated vehicle code fines and auto impound fees, and Peace Officers Standards and Training (POST) reimbursements.
$ 54,461 $ -
TOTAL POLICE REVENUE ADJUSTMENTS $ 54,461 $ -
PUBLIC WORKS C Adjustment in FY 2021-22 primarily reflects ongoing decreases in rebate revenue for an Energy Efficiency Rebate Program (which has been discontinued) and alignment of the crane permit fee budget with the adopted rate decrease. The FY 2021-22 decreases are partially offset by new one-time Streetlight Assessment districts revenue as adopted by resolution on July 13, 2021. FY 2022-23 primarily reflects the continued impacts of the adopted crane fee rates and discontinuation of the Energy Efficiency Rebate Program. $ (77,549) $ (115,968)
TOTAL PUBLIC WORKS REVENUE ADJUSTMENTS $ (77,549) $ (115,968)

DEPARTMENT OF

TRANSPORTATION
C Adjustment in FY 2021-22 reflects an increase in parking revenues from greater activity at parking lots, structures and meters due to the lifting of COVID restrictions earlier than anticipated and the stronger than expected return of visitors and consumers. FY 2022-23 reflects increases in parking revenue above the budgeted amounts, which already accounted for some gradual increases.
$ 3,125,944 $ 1,985,069
C Adjustment in FY 2021-22 reflects decreases in valet parking meter rental and right-of-way fee revenues due to shifts in economic activity related to the pandemic, partially offset by higher revenues from an increase in devices and operators participating in the shared mobility program and a one-time surge in traffic control plan fees related to the trenching in public streets by wireless telecommunications companies. FY 2022-23 reflects decreases in revenue that will essentially continue in the same areas as in FY 2021-22, offset by increases in public right-of-way fee revenues, which are expected to increase and return to pre-pandemic levels in FY 2022-23. $ (157,316) $ (93,615) TOTAL DEPARTMENT OF TRANSPORTATION REVENUE ADJUSTMENTS $ 2,968,628 $ 1,891,454 NON-DEPARTMENTAL C Adjustments in both fiscal years reflect increased revenues from improvements in the economy, primarily in the areas of Sales Tax, Transaction & Use Tax, Transient Occupancy Tax, Real Property Transfer Tax, Parking-related revenues and Utility Users Tax. The increases are partially offset by decreases in Investment Income reflecting the historically low interest rates of the last few years and Business License Taxes, which are based on gross receipts from the prior calendar year. $ 26,723,107 $ 13,679,639 TOTAL NON-DEPARTMENTAL REVENUE ADJUSTMENTS $ 26,723,107 $ 13,679,639 TOTAL GENERAL FUND REVENUE ADJUSTMENTS $ 30,703,088 $ 17,224,146 February 8, 2022 3 of 16

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AIRPORT FUND (57)
PUBLIC WORKS C Adjustment in FY 2021-22 reflects revenue decreases from unanticipated hangar vacancies, which are expected to be filled in FY 2022-23, partially offset by increases from limited-term office and land leases. FY 2022-23 increase reflects revenues from a short term land lease with the City's Resource Recovery & Recycling program.
$ (32,831) $ 36,107
$ (32,831) $ 36,107
BEACH FUND (11)
COMMUNITY SERVICES D Adjustment in FY 2021-22 reflects an increase in event rental revenue from private events and day use fees at the Beach House, offset by a one-time decrease in revenue due to lower than expected pool participation in Summer 2021. FY 2022-23 reflects the ongoing increase in event rental and day use fee revenue.
$ 85,863 $ 184,000

COMMUNITY

DEVELOPMENT
C Adjustment is primarily due to lower than projected beach parking revenue in both years and reduced lease revenue in FY 2022-23.
$ (539,612) $ (817,385)
$ (453,749) $ (633,385)
BIG BLUE BUS (60)

DEPARTMENT OF

TRANSPORTATION
C Adjustment reflects the receipt of a new one-time federal grant (Coronavirus Response and Relief Supplemental Appropriations Act or CRRSAA) to support Municipal Operators whose transit operations were negatively impacted by the pandemic.
$ 22,247,777 $ -
C Revenue adjustment reflects final funding marks provided by Metro, as well as updated lease revenue and sales tax projections.
$ 6,997,433 $ 6,096,396
C Adjustment to reflect the increase in ridership as the economy recovers from the pandemic and as health conditions improve. FY 2022-23 assumes a gradual recovery in ridership levels above the amount originally budgeted, notwithstanding the negative impact of Omicron on ridership.

The Department continues to monitor and track ridership. $ 761,790 $ 705,043
C Adjustment reflects one-time decreases in revenue due to construction delays and a reduction in capital grant reimbursement for labor costs that will instead be reimbursed through CRRSAA funds. The decreases in revenue will be partially offset by an increase in reimbursement revenues from the purchase and acceptance of 18 battery electric buses. $ (1,735,264)
$ 28,271,736 $ 6,801,439
CEMETERY FUND (59)
PUBLIC WORKS C Adjustment reflects the receipt of the second half of a private donation to support Cemetery maintenance.
$ 250,000 $ -
TOTAL CEMETERY FUND REVENUE ADJUSTMENTS $ 250,000 $ -

TOTAL BIG BLUE BUS REVENUE ADJUSTMENTS

TOTAL BEACH FUND REVENUE ADJUSTMENTS

TOTAL AIRPORT FUND REVENUE ADJUSTMENTS

NON-GENERAL FUNDS
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CLEAN BEACHES & OCEAN PARCEL TAX FUND (16)
PUBLIC WORKS C Adjustment reflects new Los Angeles County allocation estimates for Measure W funds, which are earmarked for watershed projects. $ (18,000) $ (18,000)
$ (18,000) $ (18,000)
HOUSING AUTHORITY FUND (12)
COMMUNITY SERVICES C Adjustment in FY 2021-22 reflects the increased utilization of Section 8 Vouchers, inclusion of new revenue from Emergency Housing Voucher program, and one-time grant reimbursement revenues. FY 2022-23 reflects the ramp up in lease up rates for both the Section 8 Voucher and Emergency Housing Voucher programs.
$ 970,914 $ 2,247,735
$ 970,914 $ 2,247,735
MISCELLANEOUS GRANTS FUND (20)

DEPARTMENT OF

TRANSPORTATION
C Adjustment in FY 2021-22 primarily reduces the budgeted grant reimbursement revenue for two grant-funded projects that are experiencing delays in construction and therefore, the City will not incur reimbursable expenses at the level that was originally projected.

Adjustment in FY 2022-23 aligns the budget with receipt of reimbursement revenues, reflecting revised project timelines.
$ (430,000) $ 285,000
LIBRARY C Adjustment in FY 2021-22 reflects increased revenue related to the receipt of a new, one-time grant to promote adult literacy and adjustments to align the California Library Literary Services (CLLS) grants with the award amounts. FY 2022-23 reflects minor adjustments to reflect the CLLS grant awards.
$ 56,820 $ 2,442
PUBLIC WORKS C Adjustment reflects increased reimbursement of Cal Trans Pier Bridge Project expenditures, partially offset by a correction to the Pier/Beach Bike Path grant revenues.
$ 464,972 $ -
$ 91,792 $ 287,442
PIER FUND (53)

COMMUNITY

DEVELOPMENT
C Adjustment in FY 2021-22 reflects decreases in parking revenue due to continued lot closure through early spring and reduced activity at the carousel, both are expected to recover in FY 2022-23 as the pier deck reopens and the economy continues to recover. FY 2021-22 decreases are partially offset by increases in common area maintenance fees resulting from new tenant agreements and greater than projected rental income, which is comprised of base rent and a percentage of prior year gross sales.

FY 2022-23 increase reflects the continued impact of increased common area maintenance fees.
$ (660,433) $ 20,156
TOTAL PIER FUND REVENUE ADJUSTMENTS $ (660,433) $ 20,156

TOTAL HOUSING AUTHORITY FUND REVENUE ADJUSTMENTS

TOTAL CLEAN BEACHES & OCEAN PARCEL TAX FUND REVENUE ADJUSTMENTS

TOTAL MISCELLANEOUS GRANTS FUND REVENUE ADJUSTMENTS
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RESOURCE RECOVERY & RECYCLING FUND (54)
PUBLIC WORKS C Adjustment in FY 2021-22 adjusts the budget for forfeited construction & demolition deposits revenues as the revenues were previously recognized in a prior year. The decrease is partially offset by increases in alternative fuel tax revenue reflecting growing usage of alternative fuels and recycled materials revenue showing a stronger than expected commodity market.

The increases in alternative fuel tax revenues are projected to continue through FY 2022-23. $ (1,232,686) $ (28,859)
TOTAL RRR FUND REVENUE ADJUSTMENTS $ (1,232,686) $ (28,859) SCAQMD AB 2766 FUND (18)
PUBLIC WORKS C Adjustment reflects the timing of AQMD discretionary funds for EV projects postponed from FY 2021-22 to FY 2022-23.
$ (10,000) $ 8,004
TOTAL SCAQMD AB 2766 FUND REVENUE ADJUSTMENTS $ (10,000) $ 8,004 SELF-INSURANCE, GENERAL LIABILITY/AUTO FUND (72)

NON-DEPARTMENTAL
A Adjustment reflects a one-time transfer from the General Fund (01) to pay for settlement claims brought against the City, per Council action taken on August 24, 2021.
$ 54,900,000
$ 54,900,000 $ -
VEHICLE MANAGEMENT FUND (70)
PUBLIC WORKS C Adjustment primarily reflects the implementation of increased vehicle maintenance rates charged to other City funds to account for full cost recovery and a one-time contribution from the Wastewater Fund for vehicle replacements. FY 2022-23 increase reflects the continued impact of full cost recovery rates for vehicle maintenance.
$ 918,819 $ 569,378
$ 918,819 $ 569,378
WASTEWATER FUND (51)
PUBLIC WORKS C Adjustment reflects one-time decreases in Industrial Waste revenue due to business closures associated with the pandemic and pass-through revenues for Capital Facilities Fees and Amalgamated System Sewerage System Charges due to slow development activity.
$ (828,700) $ -
$ (828,700) $ -
WATER FUND (50)
PUBLIC WORKS C Adjustment reflects a reduction in Capital Facilities Fees due to slow development activity, which is expected to return to normal in FY 2022-23. $ (1,200,000) $ -
TOTAL WATER FUND REVENUE ADJUSTMENTS $ (1,200,000) $ -
TOTAL NON-GENERAL FUND REVENUE ADJUSTMENTS $ 80,966,862 $ 9,290,017 GRAND TOTAL - ALL FUND REVENUE ADJUSTMENTS $ 111,669,950 $ 26,514,163

TOTAL WASTEWATER FUND REVENUE ADJUSTMENTS

TOTAL VEHICLE MANAGEMENT FUND REVENUE ADJUSTMENTS

TOTAL SELF-INSURANCE, GENERAL LIABILITY/AUTO FUND REVENUE ADJUSTMENTS February 8, 2022 6 of 16

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EXPENDITURE BUDGET ADJUSTMENTS
GENERAL FUND (01)
CITY COUNCIL D Adjustment reflects the addition of 1.0 FTE Staff Assistant III. The position will provide dedicated administrative support to Councilmembers and the Mayor, allowing the Council Office and Legislative Affairs Liaison to focus on Council legislative advocacy, identify funding opportunities, support intergovernmental meetings, and support Councilmember communications and engagements.
$ 37,759 $ 91,167
TOTAL CITY COUNCIL EXPENDITURE ADJUSTMENTS $ 37,759 $ 91,167 CITY MANAGER D Adjustment reflects the addition of 1.0 FTE Customer Services Assistant.

The addition of the position will expand the full-time 311 team from 2.0 to

3.0 FTE and 2 as-needed staff. This will enable the customer service team to deliver in-person reception at City Hall and City Hall East while continuing to respond to calls and emails in a timely manner. $ 37,322 $ 90,108 D Adjustment reflects the addition of 1.0 FTE Equity and Inclusion Manager.

The formation of the Equity and Inclusion Program within the CMO headed by the Equity and Inclusion Manager will provide citywide and community leadership to advance City equity and inclusion efforts, work with department Equity and Inclusion Officers to implement department-specific projects, and ensure all City programs and services are designed to promote equity and inclusion at all levels of the organization. $ - $ 191,670 D Adjustment reflects one-time funding for the City's Internal Auditor, Moss Adams, to evaluate the City’s homeless programs, develop recommendations for measuring program performance, and identify next steps in the City’s work to address homelessness.
$ 150,000 $ -
TOTAL CITY MANAGER EXPENDITURE ADJUSTMENTS $ 187,322 $ 281,778 CITY ATTORNEY D Adjustment reflects the addition of 1.0 FTE Legal Assistant. The position will assume responsibility for the administrative and paralegal work that fell to the City Attorney and Deputy City Attorneys following staff reductions, allowing attorneys to focus on governance.
$ 54,586 $ 131,993
TOTAL CITY ATTORNEY EXPENDITURE ADJUSTMENTS $ 54,586 $ 131,993

COMMUNITY

DEVELOPMENT
D Adjustment reflects the addition of 1.0 FTE Staff Assistant III. The position will address significant gaps in the administrative workload that are impacting the City Planning Division's essential work. The position will support Board and Commission meetings and public records requests, providing more capacity for planners to focus on permitting and policy work including customer inquiries.
$ 37,759 $ 91,167
D Adjustment reflects the deletion of 1.0 FTE Administrative Analyst and addition of 1.0 FTE Senior Administrative Analyst in the Building & Safety Division. This change will enable the department to have the appropriate position to oversee the Division’s budget and manage the Seismic Retrofit Program, including providing customer support for this priority program that is vital to the life safety of residents and visitors. $ 10,858 $ 26,255
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D Adjustment reflects the addition of 1.0 FTE Senior Administrative Analyst in the Administration Division. The position will provide financial and budget analysis support across divisions, including Successor Agency administration and Pier and Beach fund management, allowing division managers more time to focus on higher level planning and permitting work. $ 61,145 $ 147,714
TOTAL COMMUNITY DEVELOPMENT EXPENDITURE ADJUSTMENTS $ 109,762 $ 265,136 COMMUNITY SERVICES D Adjustment reflects the addition of 1.0 FTE Community Services Program Supervisor and 607 as-needed hours (0.3 FTE) and 1,456 as-needed hours (0.7 FTE) in FY 2021-22 and FY 2022-23, respectively, to restore staff capacity needed to be responsive to the high demand for sports programming. This will allow for more tennis reservations, basketball, volleyball, field, and indoor soccer permits, skate park classes and drop-in hours, and weekly introductory pickleball classes. $ 74,477 $ 157,017 D Adjustment reflects the addition of 1.0 FTE Staff Assistant III to provide consistent and streamlined support to the Department’s remaining nine Commissions and Advisory Bodies, upon resumption of in-person meetings. $ 30,209 $ 91,167
D Adjustment reflects the increase in contractual services funding to expand contract class offerings, adult soccer leagues, and skate camps and classes, which will be offset by the additional revenues generated by these programs. The department estimates that 180 camps could be added with availability for 3,900 participants. FY 2022-23 reflects the increased expenses above the amount that was already budgeted.
$ 456,820 $ 123,918
A Reflects the deletion of 1.0 FTE Senior Administrative Analyst and the addition of 1.0 FTE Senior Administrative Analyst-Housing Authority. The deletion of a currently vacant position and addition of a specialized position would allow the Department to recruit for a candidate who has the specific housing-related skill set and experience needed for this role. The proposed change aligns with the Council's actions on November 23, 2021 to address the housing needs of our most vulnerable community members. There is no budgetary impact associated with the title change. $ - $ - D Adjustment reflects funds for security enhancements at Virginia Avenue Park (VAP). Installation of a security system, keyless entry, and cameras in the VAP Park Building would reduce future costs associated with vandalism and theft. By allowing remote access, the improvements would eliminate overtime costs associated with opening and closing the building afterhours. $ 63,820 $ -
C Reflects funds to perform landscape maintenance at the Early Childhood Lab School, to be reimbursed by Santa Monica College according to a contractual agreement.
$ 16,224 $ 16,224
TOTAL COMMUNITY SERVICES EXPENDITURE ADJUSTMENTS $ 641,550 $ 388,326 February 8, 2022 8 of 16

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FINANCE D Adjustment reflects the addition of 1.0 FTE Principal Buyer and 1.0 FTE Principal Procurement Analyst, offset by the deletion of 1.0 FTE Senior Procurement Analyst. These changes will expedite solicitations, introduce greater automation and therefore efficiencies for staff as the City restores services, and will also allow the Department to develop and implement a procurement program that will provide access to local, small and underprivileged businesses in order to promote equitable economic recovery. The positions also strengthen succession planning. $ 61,158 $ 147,745 D Adjustment reflects the addition of 1.0 FTE Business License Supervisor and deletion of 1.0 FTE Administrative Analyst. This change will allow the Business License Administrator to focus on strategic initiatives such as Business License Tax modernization, technology improvements, and economic recovery efforts as well as revenue enhancement initiatives such as potential ballot measures and audit and discovery programs.

Additionally, this change strengthens succession planning. $ (6,102) $ (14,757)
TOTAL FINANCE EXPENDITURE ADJUSTMENTS $ 55,056 $ 132,988 FIRE D Adjustment reflects the addition of 1.0 FTE permanent Staff Assistant III and the deletion of 0.45 FTE as-needed position in FY 2021-22 and 0.94 FTE as-needed position in FY 2022-23. The Staff Assistant will provide the necessary administrative support to ensure that the Fire Department meets state/federal standards regarding maintenance of mandated training records for all firefighters, assist with documenting the mutual aid strike team deployments to provide full reimbursement to the City for wildfire responses, and aid the Training Division and upcoming firefighter recruit academy to support newly hired SMFD recruits and the current workforce to ensure employees are trained appropriately for all-hazards emergency response which align with SMFD policies and national best practices. $ 12,254 $ 38,317
TOTAL FIRE EXPENDITURE ADJUSTMENTS $ 12,254 $ 38,317
HUMAN RESOURCES D Adjustment reflects the addition of 2.0 FTE Senior Human Resources Analysts and 1.0 FTE Human Resources Analyst. The positions will build operational capacity to support City departments responsible for delivering critical community services and programs. This support enhances our ability to attract and retain employees and fill critical vacant positions, support and implement legally mandated programs, and respond to employee, organizational and workplace needs. HR has experienced a sizable increase in workload, including upcoming 6 contract negotiations, meet and confer for classification changes, accommodations process, mandatory leave programs, and mandatory vaccination program. $ 194,134 $ 469,008 TOTAL HUMAN RESOURCES EXPENDITURE ADJUSTMENTS $ 194,134 $ 469,008

INFORMATION

SERVICES
D Adjustment reflects the addition of 1.0 FTE Administrative Analyst. The position will provide administrative support of critical Citywide technology, systems, infrastructure, and services. This position will support procurement, contracting, accounting, and asset management for CityWide enterprise technologies including those technologies that provide direct support to the City’s constituents, such as the 311 system, City website, permitting systems, and GIS systems that underly public facing City maps. $ 51,917 $ 125,400
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D Adjustment reflects the addition of 1.0 FTE Project Support Assistant. The position will provide administrative support for on-going technology improvements and implementation of new technologies and services that impact residents and the community, including public safety’s CAD/RMS system, cellular and radio communications, and camera systems, as well as new technology implementations such as contract management and information security systems that protect the City's digital assets that the public connects to for services. $ 42,051 $ 101,545
$ 93,968 $ 226,945
LIBRARY D Adjustment reflects the net increase of 0.5 FTE Librarian I position and the addition of 1.0 FTE Library Literacy Program Assistant, offset by the deletion of 0.5 FTE Library Assistant II, to address gaps in adult programming and literacy services—programs that serve as a direct connection to some of our most vulnerable community members across the City. Older adults (seniors), adults with low-level literacy skills, and families in need of literacybased activities and in-person programs will benefit from the expansion of adult and literacy services. These much needed staff resources will ensure that our community has equitable access to lifelong learning opportunities, such as technology instruction, literacy tutoring, and workforce development programs, which support the resiliency, mental health, and well-being of our residents. $ 45,908 $ 102,127
D Adjustment is primarily due to the addition of 0.2 FTE and 0.4 FTE asneeded Library Services Officer in FY 2021-22 and FY 2022-23, respectively to allow for the activation of the Fairview Branch Library via self-service, a first step in restoring library service and ensuring residents have a clean and safe “third space” in their neighborhood to access a wide variety of materials, technology, programs, and connect with others. $ 82,751 $ 50,151
TOTAL LIBRARY EXPENDITURE ADJUSTMENTS $ 128,659 $ 152,278 POLICE D Adjustment reflects the addition of 1.92 FTE in FY 2021-22 and 4.6 FTE in FY 2022-23 as-needed Traffic Services Officer positions to restore the Police Department’s ability to positively address the issue of limited parking spaces by enforcing timely parking space turnover. These positions will help to ensure the Police Department can attend to traffic control, vehicle accidents and special occurrences. The duties performed by the Traffic Service Officers contribute to vehicular safety and improved traffic circulation.
$ 120,718 $ 270,525
TOTAL POLICE EXPENDITURE ADJUSTMENTS $ 120,718 $ 270,525 PUBLIC WORKS D Adjustment reflects an increase in custodial costs to support the opening of Fairview Branch Library.
$ 10,750 $ 25,800
February 8, 2022 10 of 16

8.A.a
Packet Pg. 218 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

D Adjustment reflects the addition of 1.0 FTE Administrative Staff Assistant position in the Administrative Services Division. This position will support the department’s effort to actively monitor and ensure timely response to recurring community requests in the 311 system, such as graffiti removal, human waste cleanup, street litter, and more. The position will also restore administrative support, including procurement and accounts payable functions, to various divisions within the PW department as the current workload exceeds capacity and leaves many administrative tasks delayed or completed inadequately. $ - $ 31,545
D Adjustment reflects the addition of 1.0 FTE Project Support Assistant position in the Architecture Services Division. This addition will enable project managers to dedicate their time to quality assurance and expeditious delivery of projects that promote a clean and safe community such as the Park Safety Enhancements, and Marine Park Safety Upgrades, as well as projects that support community recovery such as the Virginia Avenue Park Kitchen. Additionally, this position will enable senior staff to properly support and administer the new grants and outside funding sources being pursued for improved community spaces (e.g. Gandara Park Improvements) as well as ensure compliance with industry best management practices. $ 42,051 $ 101,545
TOTAL PUBLIC WORKS EXPENDITURE ADJUSTMENTS $ 52,801 $ 158,890

DEPARTMENT OF

TRANSPORTATION
B Adjustment reflects an increase in payments to parking management services as a result of increased parking activity.
$ 288,900 $ 215,400
D Adjustment reflects the addition of 2.0 FTE Parking Permits Assistant positions. These positions will allow the Parking Division to respond to the need for improved front-line customer services provided to Santa Monica residents, visitors, and the business community. This will also allow for an increase in GoSaMo Center public counter hours of operation, alleviate delays in processing permits and parking citations, and expedite service improvements.
$ 74,644 $ 180,216
D Adjustment reflects the addition of 1.0 FTE Principal Transportation Planner and deletion of 1.0 FTE Senior Transportation Planner. This change will establish a supervisory position for the Capital Projects Team which is responsible for implementing critical road safety projects in furtherance of the City's Vision Zero goal of eliminating all fatal and severe injury crashes.

The change also addresses an internal audit study observation regarding program management. $ 9,067 $ 21,924
TOTAL DEPARTMENT OF TRANSPORTATION EXPENDITURE ADJUSTMENTS $ 372,611 $ 417,540 NON-DEPARTMENTAL C During the City’s restructuring, an annual transfer from the Community Broadband Fund (CBB) to the General Fund (GF) was established to help the GF recover from revenue losses related to the pandemic. With this change, the annual transfer to the GF is gradually reduced starting in FY 2022-23 until FY 2025-26 when the transfer will be eliminated. This will ensure that CBB continues to maintain a healthy fund balance, the capacity to address critical operational needs, and to support the City in its economic recovery. $ - $ 100,000
February 8, 2022 11 of 16

8.A.a
Packet Pg. 219 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

A Adjustment reflects updated City Yards Debt Service payment based on the final debt service schedule.
$ 1,994,019 $ 2,195,250
A Adjustment corrects the transfer in to the General Fund from enterprise funds for their portion of the City Yards Debt Service payment. The amounts budgeted at budget adoption were based on a preliminary debt service schedule, which has since been finalized.
$ - $ 498,278
A Adjustment reflects funding for various citywide Clean and Safe Initiatives, as directed by Council on October 26, 2021.
$ 1,000,000 $ -
C Adjustment reflects a correction to the amount of the Beach Fund's transfer to the General Fund for staff support.
$ (16,479) $ (18,004)
A Adjustment to correct the affordable housing-related fund transfers, based on staffing expansions approved by City Council on November 23, 2021 and policy decisions on the contribution amounts required from the Low/Moderate Housing Asset Fund, TORCA Fund and General Fund. The transfers help support the costs of the Housing unit staff that operate affordable housing programs.
$ 380,710 $ 321,676
A Adjustment reflects a one-time transfer to the Self-Insurance, General Liability/Auto Fund to pay for claim settlements brought against the City, per Council action taken on August 24, 2021.
$ 54,900,000 $ -
C Adjustment reflects a correction to eliminate the reimbursement from the Water Fund for 1.0 FTE Sustainability Analyst due to reassignment of duties to focus on climate change. The position will no longer provide support to the Water Fund. The General Fund correction for FY 2021-22 was adjusted prior to budget adoption. $ - $ 132,293
C Adjustment related to the negotiated elimination of Employer Paid Member Contribution (EPMC) enhanced pension benefit, as approved by Council on March 10, 2020 Council.
$ - $ 1,602,094
C Adjustment related to pension contribution increases in FY 2022-23 not known at the time of the Biennial Budget adoption. The increases are due to CalPERS falling short of its investment target in FY 2019-20 and adjustments to the City’s pension costing assumptions due to the changing mix of employees and their benefit levels.
$ - $ 3,751,742
B Adjustment reflects increased funding allocation to SMMUSD due to projected increases in Transaction and Use Tax revenues. $ 2,157,500 $ 1,356,500
B Adjustment reflects increased transfer to the Special Revenue Source Fund related to Measure GSH to be used for affordable housing, due to projected increases in Transaction and Use Tax revenues.
$ 1,078,750 $ 678,250
TOTAL NON-DEPARTMENTAL EXPENDITURE ADJUSTMENTS $ 61,494,500 $ 10,618,079 TOTAL GENERAL FUND EXPENDITURE ADJUSTMENTS $ 63,555,680 $ 13,642,970 NET GENERAL FUND EXPENDITURE ADJUSTMENTS $ 63,555,680 $ 13,642,970 February 8, 2022 12 of 16

8.A.a
Packet Pg. 220 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

NON-GENERAL FUNDS
AIRPORT (57) FUND
Public Works D Adjustment reflects the addition of a limited term 1.0 FTE Property Management Specialist through December 31, 2028. The City phased out Master Tenant Agreements, which allowed for subleases, to provide greater City control of leased spaces and terms. The change resulted in significant increases in direct property leases. To help manage the increased work load the City hired a property management firm. Adding this position would decrease the City’s dependence on the outside property management firm and ensure maximum leasing and efficient property management for Cityowned facilities at the Airport. The position will process lease documents, resolve tenant disputes, ensure lease compliance, collect rent and issue default notices. $ 48,605 $ 117,392
Non-Departmental A Adjustment reflects updated City Yards Debt Service payments based on the final debt service schedule.
$ (33,647) $ (3,788)
TOTAL AIRPORT FUND EXPENDITURE ADJUSTMENTS $ 14,958 $ 113,604 BEACH (11) FUND
Community Services D Adjustment reflects the addition of 0.4 FTE and 1.0 FTE as-needed hours in FY 2021-22 and FY 2022-23, respectively, to restore the Beach House's Event Services staff to pre-pandemic levels. With this change, the team will have sufficient staffing to be responsive to the people, businesses, and organizations who wish to plan revenue-generating conferences, meetings, retreats, and various social gatherings and celebrations at the Beach House.

Staff costs will be offset by event revenues. $ 80,021 $ 120,650 D Adjustment reflects addition of 1.3 FTE as-needed hours to allow the Beach House to restore year-around aquatics and recreation programs and weekend staffing, thus supporting public use of the Beach House and visits to the Santa Monica State Beach. Staff costs will be offset by the increased revenue from day use fees.
$ 63,238 $ 63,238
Non-Departmental C Adjustment reflects a correction to the amount of the Beach Fund's transfer to the General Fund for staff support.
$ 16,479 $ 18,004
TOTAL BEACH FUND EXPENDITURE ADJUSTMENTS $ 159,738 $ 201,892 BIG BLUE BUS (60)
Department of
Transportation
D Adjustment reflects the addition of a limited-term 1.0 FTE Transit Training Coordinator to assist the department in the training of new and current Motor Coach Operators (MCO’s) as it faces a current nationwide MCO shortage. Additionally, the adjustment reflects the deletion of a Lead Transit Training Coordinator and the addition of a Safety and Training Supervisor to support the effort to hire, train and retain MCO's, ensure the department's compliance with safety-related certifications, and provide oversight of safety and training for the entire department. Both positions are essential in restoring and maintaining service levels and keeping our system safe. $ 50,888 $ 122,907
TOTAL BIG BLUE BUS FUND EXPENDITURE ADJUSTMENTS $ 50,888 $ 122,907 February 8, 2022 13 of 16

8.A.a
Packet Pg. 221 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

CEMETERY (59) FUND
Non-Departmental A Adjustment reflects updated City Yards Debt Service payments based on the final debt service schedule.
$ (16,824) $ (1,895)
TOTAL CEMETERY FUND EXPENDITURE ADJUSTMENTS $ (16,824) $ (1,895) CLEAN BEACHES & OCEAN PARCEL TAX (16) FUND
Capital Improvement
Program
E Adjustment reflects funding to repair a damaged storm drain pipe under the south side of the Pier.
$ 66,528 $ -
TOTAL CLEAN BEACHES & OCEAN PARCEL TAX FUND EXPENDITURE ADJUSTMENTS $ 66,528 $ - COMMUNITY BROADBAND (55) FUND
Information Services D Adjustment reflects the addition of 1.0 FTE Principal Network Engineer position and 1.0 FTE Administrative Analyst position, partially offset by deletion of 1.0 FTE Broadband Services Engineer position. The Principal Network Engineer will provide the appropriate resource to support the complex technical work to meet the City's service level agreements with major U.S. wireless carriers providing 4G and 5G cellular services to the community. The addition of the Administrative Analyst will provide the resources to maintain customer contracts, accounts receivables, and assist with closing new broadband sales to promptly respond to new Santa Monica businesses requesting broadband service in the City. $ 55,358 $ 133,721 Non-Departmental C During the City’s restructure, an annual transfer from the Community Broadband Fund (CBB) to the General Fund (GF) was established to help the GF recover from the revenue losses related to the pandemic. With this change, the annual transfer to the GF is gradually reduced starting in FY 2022-23 until FY 2025-26 when the transfer will be eliminated. This will ensure that CBB continues to maintain a healthy fund balance, maintains the capacity to address critical operational needs, and to support the City in its economic recovery. $ - $ (100,000)
TOTAL COMMUNITY BROADBAND FUND EXPENDITURE ADJUSTMENTS $ 55,358 $ 33,721 HOUSING AUTHORITY (12) FUND
C Adjustment in FY 2021-22 reflects the increased utilization of Section 8 Vouchers and implementation of the new Emergency Housing Voucher program. The greater adjustment in FY 2022-23 reflects further increase in voucher expenses due to higher lease up rates for both the Section 8 Voucher and Emergency Housing Voucher programs.
$ 647,196 $ 2,071,020
TOTAL HOUSING AUTHORITY FUND EXPENDITURE ADJUSTMENTS $ 647,196 $ 2,071,020 LOW/MOD INCOME HOUSING ASSET (41) FUND
Non-Departmental A Adjustment to correct the affordable housing-related fund transfers, based on staffing expansions approved by City Council on November 23, 2021, and policy decisions on the contribution amounts required from the Low/Moderate Housing Asset Fund, TORCA Fund and General Fund. The transfers help support the costs of the Housing unit staff that operate affordable housing programs. Funding comes from annual residual receipts revenue generated by existing housing investments. $ 372,657 $ 372,657 TOTAL LOW/MOD INCOME HOUSING ASSET FUND EXPENDITURE ADJUSTMENTS $ 372,657 $ 372,657 Community Services
February 8, 2022 14 of 16

8.A.a
Packet Pg. 222 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

MISCELLANEOUS GRANTS (20) FUND
Library C Reflects the receipt of a new, one-time grant to promote adult literacy (Read Engage Discover) in FY 2021-22 and adjustments to align the California Library Literary Services grants with the award amounts. $ 56,820 $ 2,442
TOTAL MISCELLANEOUS GRANTS FUND EXPENDITURE ADJUSTMENTS $ 56,820 $ 2,442 RESOURCE RECOVERY AND RECYCLING (54) FUND
Public Works D Adjustment reflects the addition of 1.0 FTE FTE Zero Waste Assistant position to enhance the City's ability to provide zero waste and recycling education and outreach, offer on-site technical assistance and training to residents and businesses, and support various regulatory compliance requirements of Senate Bill 1383 under the statewide mandatory organics recycling law.
$ 47,548 $ 114,836
Non-Departmental A Adjustment reflects updated City Yards Debt Service payments based on the final debt service schedule.
$ (1,051,272) $ (555,004)
TOTAL RESOURCE RECOVERY & RECYCLING FUND EXPENDITURE ADJUSTMENTS $ (1,003,724) $ (440,168) RISK MANAGEMENT ADMINISTRATION (75) FUND
Finance D Adjustment reflects the addition of 2.0 FTE Senior Risk Management Analyst positions and deletion of 1.0 FTE Risk Management Analyst position. The Senior Risk Management Analyst supporting the Workers’ Compensation program will help reduce absences for injured employees, particularly public safety employees, which will advance the community priority of a Clean and Safe Santa Monica. The position change from a Risk Management Analyst to a Senior Risk Management Analyst supporting all other Risk Management programs (Liability, Insurance Requirements & Safety) will resolve staffing challenges and focus on cost containment and payment recovery programs. $ 65,726 $ 158,791
$ 65,726 $ 158,791
SPECIAL REVENUE SOURCE (10) FUND
Community Services D Adjustment reflects use of Park and Recreation Impact fee funds for picnic table and tennis court reconstruction to enhance safety of equipment and facilities.
$ 29,699 $ -
Non-Departmental A Adjustment to correct the affordable housing-related fund transfers, based on staffing expansions approved by City Council on November 23, 2021 and policy decisions on the contribution amounts required from the Low/Moderate Housing Asset Fund, TORCA Fund and General Fund. The transfers help support the costs of the Housing unit staff that operate affordable housing programs.
$ (794,635) $ (735,601)
B Adjustment reflects increased transfer from the General Fund related to Measure GSH to be used for affordable housing, due to projected increases in Transaction and Use Tax revenues.
$ (1,078,750) $ (678,250)

TOTAL RISK MANAGEMENT - ADMIN FUND EXPENDITURE ADJUSTMENTS February 8, 2022 15 of 16

8.A.a
Packet Pg. 223 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

B Adjustment reflects a correction to budget for the GSH transfer-in to the Special Revenue Source Fund (SRSF), which was not included in the SRSF adopted budget. The General Fund portion of the transfer was included in the budget; however, the SRSF portion as inadvertently omitted. $ (6,275,000) $ (6,750,000)
Capital Improvement
Program
E Adjustment reflects use of Park and Recreation Impact fee funds for a condition assessment of park facilities in order to guide prioritization of investments in capital facilities and create an implementation plan to allow the Parks & Recreation Master Plan (PRMP) to move forward with adoption. $ 150,000 $ -
TOTAL SPECIAL REVENUE SOURCE FUND EXPENDITURE ADJUSTMENTS $ (7,968,686) $ (8,163,851) TORCA (14) FUND
Non-Departmental A Adjustment to correct the affordable housing-related fund transfers, based on staffing expansions approved by City Council on November 23, 2021 and policy decisions on the contribution amounts required from the Low/Moderate Housing Asset Fund, TORCA Fund and General Fund. The transfers help support the costs of the Housing unit staff that operate affordable housing programs. $ 41,268 $ 41,268
$ 41,268 $ 41,268
VEHICLE MANAGEMENT (70) FUND
Capital Improvement
Program
E Adjustment reflects use of conventional fuel station reserve funds for soil remediation at the removed unleaded and diesel fueling station at the City Yards and the addition of a small above ground fueling system at the Colorado Yards.
$ 500,000 $ -
TOTAL VEHICLE MANAGEMENT FUND EXPENDITURE ADJUSTMENTS $ 500,000 $ - WATER (50) FUND
Public Works A Adjustment reflects debt service payment for Water Bond issued in August 2021 based on final debt service schedule.
$ 954,238 $ 2,202,088
Non-Departmental C Adjustment reflects a correction to eliminate the reimbursement to the General Fund for 1.0 FTE Sustainability Analyst position due to reassignment of duties to focus on climate change. The position will no longer provide support to the Water Fund.
$ (125,209) $ (132,293)
TOTAL WATER FUND EXPENDITURE ADJUSTMENTS $ 829,029 $ 2,069,795 TOTAL NON-GENERAL FUND EXPENDITURE ADJUSTMENTS $ (6,129,068) $ (3,417,817)

TOTAL TORCA FUND EXPENDITURE ADJUSTMENTS
February 8, 2022 16 of 16

8.A.a
Packet Pg. 224 Attachment: Attachment A - Budget Adjustments FY 2021-23 [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT B
City Council Meeting: February 8, 2022 Santa Monica, California RESOLUTION NUMBER ________(CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR EXISTING CLASSIFICATIONS: ADMINISTRATIVE AIDE,

ADMINISTRATIVE INTERN, ADMINISTRATIVE INTERN II, BUSINESS LICENSE

SUPERVISOR, CROSSING GUARD, EQUITY AND INCLUSION MANAGER,

FACILITIES ATTENDANT, LABORER TRAINEE, LIBRARY LITERACY PROGRAM

ASSISTANT, LIBRARY PAGE, PRINCIPAL BUDGET ANALYST, PRINCIPAL BUYER,

PRINCIPAL PROCUREMENT ANALYST, POLICE CADET, PRODUCTION

ASSISTANT, SAFETY AND TRAINING SUPERVISOR, VIDEO INTERN, VIDEO TECHNICIAN I, AND VIDEO TECHNICIAN II.

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

SECTION 1. The following salary levels are hereby established, effective February 13, 2022, for the indicated permanent classifications:

Business License Supervisor $86,556/annual, Step 5
Equity and Inclusion Manager $156,708/annual, Step 5
Library Literacy Program Assistant $71,640/annual, Step 5 Principal Budget Analyst $133,524/annual, Step 5
Principal Buyer $116,904/annual, Step 5
Principal Procurement Analyst $128,604/annual, Step 5
Safety and Training Supervisor $100,980/annual, Step 5
SECTION 2. The following salary levels are hereby established, effective July 4, 2021, for the indicated as-needed classifications:

Administrative Aide $17.64/hour, Step 1
Administrative Intern $17.64/hour, Step 1

8.A.b
Packet Pg. 225 Attachment: Attachment B - Salary Resolution [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT B
Administrative Intern II $18.96/hour, Step 1
Crossing Guard $17.64/hour, Step 1
Facilities Attendant $17.64/hour, Step 1
Laborer Trainee $17.64/hour, Step 1
Library Page $17.64/hour, Step 1
Police Cadet $17.64/hour, Step 1
Production Assistant $17.64/hour, Step 1
Video Intern $17.64/hour, Step 1
Video Technician I $17.64/hour, Step 1
Video Technician II $18.96/hour, Step 1
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

Joseph Lawrence
Interim City Attorney

8.A.b
Packet Pg. 226 Attachment: Attachment B - Salary Resolution [Revision 1] (4753 : FY 2021-22 Midyear Budget) POSITION AND CLASSIFICATION CHANGES 1

ATTACHMENT C

FUND DEPT FTE POSITION TITLE FUND DEPT FTE POSITION TITLE 01 City
Council 1.0 Staff Assistant III Add 1.0
01 CMO 1.0 Equity and Inclusion Manager Add funding in FY 2022-23 1.0 01 CMO 1.0 Customer Services Assistant Add 1.0
01 CAO 1.0 Legal Assistant Add 1.0
01 CDD 1.0 Staff Assistant III Add 1.0
01 CDD 1.0 Administrative Analyst 01 CDD 1.0 Senior Administrative Analyst Add/delete - 01 CDD 1.0 Senior Administrative Analyst Add 1.0
01 CSD 1.0 Community Services Program
Supervisor Add 1.0
01 CSD 1.0 Staff Assistant III Add 1.0
01 CSD 1.0 Senior Administrative Analyst 01 CSD 1.0 Senior Administrative AnalystHousing Authority Title change; add/delete - 01 DOT 2.0 Parking Permits Assistant Add 2.0
01 DOT 1.0 Senior Transportation Planner 01 DOT 1.0 Principal Transportation Planner Add/delete - 60 DOT 1.0 Lead Transit Training Coordinator 60 DOT 1.0 Safety and Training Supervisor Add/delete - 60 DOT 1.0 Transit Training Coordinator
(Limited-term) 2 Add 1.0
01 Finance 1.0 Administrative Analyst 01 Finance 1.0 Business License Supervisor Add/delete - 01 Finance 1.0 Senior Procurement Analyst 01 Finance 1.0 Principal Procurement Analyst Add/delete - 01 Finance 1.0 Principal Buyer Add 1.0
75 Finance 1.0 Risk Management Analyst 75 Finance 1.0 Senior Risk Management Analyst Add/delete - 75 Finance 1.0 Senior Risk Management Analyst Add 1.0
01 Fire 1.0 Staff Assistant III Add 1.0

DELETE ADD NET FTE

CHANGE REASON
February 8, 2022 Page 1 of 3

8.A.c
Packet Pg. 227 Attachment: Attachment C - Position and Classification Changes [Revision 1] (4753 : FY 2021-22 Midyear POSITION AND CLASSIFICATION CHANGES 1

ATTACHMENT C

FUND DEPT FTE POSITION TITLE FUND DEPT FTE POSITION TITLE

DELETE ADD NET FTE

CHANGE REASON
01 HR 2.0 Senior Human Resources Analyst Add 2.0
01 HR 1.0 Human Resources Analyst Add 1.0
01 ISD 1.0 Administrative Analyst Add 1.0
01 ISD 1.0 Project Support Assistant Add 1.0
55 ISD 1.0 Broadband Services Engineer 55 ISD 1.0 Principal Network Engineer Add/delete - 55 ISD 1.0 Administrative Analyst Add 1.0
01 Library 0.5 Librarian I 01 Library 1.0 Librarian I Add/delete 0.5 01 Library 0.5 Library Assistant II 01 Library 1.0 Library Literacy Program Assistant Add/delete 0.5 11 PW 1.0 Custodian I 11 PW 1.0 Maintenance Worker Add/delete - 54 PW 1.0 Zero Waste Assistant Add 1.0
01 PW 1.0 Administrative Staff Assistant Add 1.0
01 PW 1.0 Project Support Assistant Add 1.0
57 PW 1.0 Property Management Specialist
(Limited-term) 3 Add 1.0
PERMANENT EMPLOYEES TOTAL 25.0 FTE
February 8, 2022 Page 2 of 3

8.A.c
Packet Pg. 228 Attachment: Attachment C - Position and Classification Changes [Revision 1] (4753 : FY 2021-22 Midyear POSITION AND CLASSIFICATION CHANGES 1

ATTACHMENT C

FUND DEPT FTE POSITION TITLE FUND DEPT FTE POSITION TITLE

DELETE ADD NET FTE

CHANGE REASON
01 CSD 0.7 CCS Leader 0.7
11 CSD 1.0 Event Coordinator 1.0
11 CSD 0.6 Guest Services Assistant 0.6
11 CSD 0.2 Chief Pool Lifeguard 0.2
11 CSD 0.5 Swim Instructor/Pool Lifeguard 0.5
11 CSD 0.1 Beach Recreation Leader 0.1
01 Fire 0.9 Staff Assistant III convert to permanent SA3 (0.9) 01 Library 0.4 Library Services Officer 0.4
01 Police 4.6 Traffic Services Officer 4.6

7.1 FTE

32.1 FTE

TEMPORARY EMPLOYEES TOTAL

GRAND TOTAL
1 Position changes will be effective at the starting date of the next pay period following Council approval, unless otherwise noted. 3 Limited-term position through December 31, 2028.
2 Limited-term position through June 30, 2023.

February 8, 2022 Page 3 of 3

8.A.c
Packet Pg. 229 Attachment: Attachment C - Position and Classification Changes [Revision 1] (4753 : FY 2021-22 Midyear

ATTACHMENT D
1 City Council Meeting: February 8, 2022 Santa Monica, California RESOLUTION NUMBER ____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR

CERTAIN VIOLATIONS OF THE SANTA MONICA MUNICIPAL CODE, SETTING

CIVIL PENALTIES FOR PARKING VIOLATIONS AND FOR THE LATE PAYMENT OF

PENALTIES, SETTING FINES FOR POLICE AND FIRE DEPARTMENT RESPONSES

TO EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR THE

SANTA MONICA PUBLIC LIBRARY

WHEREAS, Chapter 1.09 of the Santa Monica Municipal Code authorizes the imposition of fines for certain code violations through the issuance of administrative citations; and
WHEREAS, Section 1.09.040 states that the amount of fines for code violations imposed pursuant to Chapter 1.09 shall be set forth in a schedule of fines established by resolution of the City Council and that the fine schedule shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six (36) months from the date of an administrative citation and specify the amount of any late payment charges imposed for the payment of a fine after thirty (30) days from the date of issuance of the administrative citation; and
WHEREAS, effective code enforcement is vital to effectuating the City’s commitment to protecting its residents’, businesses’ and visitors’ health, safety, welfare, and quality of life; and

8.A.d
Packet Pg. 230 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT D
2 WHEREAS, the California Vehicle Code and Chapter 3.02 of the Santa Monica Municipal Code authorize the City to establish by resolution a schedule of parking penalties for parking violations and for the late payment of such penalties; and WHEREAS, California law provides that such parking penalties are civil in nature and subject to administrative enforcement; and
WHEREAS, false alarms endanger public safety by diverting precious police resources and hampering response efforts to actual emergencies; and WHEREAS, Chapter 3.56 of the Santa Monica Municipal Code authorizes the imposition of a police false alarm response fine established by resolution of the City Council; and
WHEREAS, responses to false fire alarms negatively impact the overall safety of the community by diverting Fire Department resources from actual emergencies; and WHEREAS, Section 8.44.150 of the Santa Monica Municipal Code authorizes the imposition of a false fire alarm response fine to recover the Fire Department’s costs in responding to repetitive false alarms and provides that such fine shall be set by resolution of the City Council; and
WHEREAS, in 2018, the City Council eliminated certain overdue fines for children and teens; and
WHEREAS, eliminating certain overdue fines for adult cardholders aligns with Council’s prior 2018 action and will remove barriers to access and promote social equity; and
WHEREAS, on April 8, 2021, the City published administrative regulations relating to the Second Share Mobility Pilot Program (Second Shared Mobility Pilot

8.A.d
Packet Pg. 231 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT D
3 Program Administrative Regulations); and
WHEREAS, the Second Shared Mobility Pilot Program Administrative Regulations contain a recommended progressive non-standard penalty schedule that will deter noncompliance and incentivize operators to resolve safety issues in the public right of way and encourage administrative compliance; and WHEREAS, the City regularly updates its consolidated master fine schedule to allow the public to easily gather information about such fines; and WHEREAS, most recently, on June 22, 2021, the City Council adopted Resolution Number 11344 (CCS) (“Resolution 11344”), which updated the consolidated master fine schedule to reflect changes in the California Fire Code and the Santa Monica Municipal Code, to establish new fines for violations of the Residential Leasing Requirements in Chapter 6.22, to establish a new fine for possession of illegal fireworks, to establish new library fines for overdue technology and other items, and to make administrative corrections as necessary; and
WHEREAS, the City now desires to amend and restate its consolidated master fine schedule to eliminate certain overdue fines for adult cardholders and to establish new non-standard fines for violations of the Second Shared Mobility Pilot Program Administrative Regulations;

8.A.d
Packet Pg. 232 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget)

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

SECTION 1. STANDARD FINE: Except as otherwise specifically set forth below in Section 4, the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code (“administrative citation fine amount”), for a first violation of the Santa Monica Municipal Code by a person shall be Seventy-Five Dollars ($75.00).

SECTION 2. REPEAT VIOLATIONS: The administrative citation fine amount for a second violation of the same Municipal Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred twenty-five percent (125%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the second violation. The administrative citation fine amount for a third and any subsequent violation of the same Municipal Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred fifty percent (150%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation.

SECTION 3. LATE PAYMENT CHARGES: Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10%) of the administrative citation fine amount due to the City, or ten percent (10%) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative

8.A.d
Packet Pg. 233 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT D
5 citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City.

SECTION 4. NON-STANDARD FINES: The specific administrative citation fine amounts applicable to first violations of each associated Santa Monica Municipal Code section or its successor legislation, or rule or regulation, are hereby established as set forth in the attached Exhibits 1 and 2 for any first violation.

SECTION 5. The Schedule of Civil Penalties for Parking Violations and for Late Payments are hereby established as set forth in the attached Exhibit 3.

SECTION 6. The penalties listed in Exhibit 3 for a Santa Monica Municipal Code or California Vehicle Code section shall apply to all unlisted subsections, prohibiting the same violations.

SECTION 7. The fines for the second, third and fourth Police Department responses to a false alarm within the same fiscal year are hereby established as set forth in the attached Exhibit 4.

SECTION 8. A false fire alarm response fine for the third and subsequent response by the Fire Department to a false alarm at the same location during a fiscal year for purposes of recovering costs associated with resources and services provided by the Santa Monica Fire Department in connection with responses to excessive false fire alarms is hereby established as set forth in the attached Exhibit 4.

8.A.d
Packet Pg. 234 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT D
6 SECTION 9. Library fines are hereby established as set forth in the attached Exhibit 5.

SECTION 10. All fines established by this Resolution shall become effective February 9, 2022.

SECTION 11. Resolution 11344 is hereby repealed in its entirety.

SECTION 12. If there are any conflicts between the fines adopted in this Resolution and the fines adopted in any prior Resolution or schedule, the fines adopted pursuant to this Resolution shall control.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect.

APPROVED AS TO FORM:
_______________________
JOSEPH P. LAWRENCE
Interim City Attorney
Exhibit 1: Administrative Citation Fine Schedule
Exhibit 2: Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations
Exhibit 3: Schedule of Civil Penalties for Parking Violations and for Late Payments Exhibit 4: False Alarm Fine Schedule
Exhibit 5: Library Fine Schedule

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Packet Pg. 235 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
SMMC 3.21.040 (a) Dockless mobility prohibited activities - Operate, install, or make available for rent unauthorized dockless mobility devices without Shared Mobility Device Operator Permit $500 SMMC 3.21.040(b) Dockless mobility prohibited activities - Operate, install, or make available for rent unauthorized dockless mobility devices in excess of Shared Mobility Device Operator Permit $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class A - One time default fine no escalation $75 SMMC 3.22.025, 3.22.110 Shared Mobility Class B - One time no escalation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 1st Violation $100 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 2nd Violation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class C - Repeat violation escalation - 3rd Violation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class D - One time no escalation $250 SMMC 3.22.025, 3.22.110 Shared Mobility Class E - One time no escalation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 1st Violation $500 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 2nd Violation $750 SMMC 3.22.025, 3.22.110 Shared Mobility Class F - Repeat violation escalation - 3rd Violation $1,000 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 1st Violation $0 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 2nd Violation $0 SMMC 3.22.025, 3.22.110 Shared Mobility Class G - Repeat violation escalation - 3rd Violation $500 SMMC 4.04.070 Permit required to keep certain animals $500 SMMC 4.04.080 Restrictions on keeping horses, mules, burros, or jacks $100 SMMC 4.04.090 Fowls, maximum number permitted $100
SMMC 4.04.100 Permit required to keep hogs, bulls, or billy goats $100 SMMC 4.04.110 Restrictions on keeping cow or goats $100 SMMC 4.04.120 Staking certain unfenced animals prohibited $100 SMMC 4.04.130 Keeping bees prohibited $100
SMMC 4.04.140 Conditional permit requirements for certain animals $100 SMMC 4.04.150 Animals at-large $100
SMMC 4.04.160 Dogs prohibited on schools, beaches and parks $100 SMMC 4.04.170 Licensing of dogs required $100
SMMC 4.04.200 Dog kennels, business license required $500 SMMC 4.04.210 Non-residents, dog license requirements $100 SMMC 4.04.230 Found animals, duty to surrender $100
SMMC 4.04.270 Sufficient sustenance and shelter required $150 SMMC 4.04.290 Quarantined animal, containment required $1,000 SMMC 4.04.300 Dogs, rabies vaccine required $250
SMMC 4.04.330 Veterinarians, duties of persons vaccinating dogs $250 SMMC 4.04.340 Dogs, rabies tag required $100
SMMC 4.04.350 Imported dogs, regulations $100
F&AG 30503 Impounded dogs, unspayed/unneutered (pass through to State) $40 SMMC 4.04.360 Impounded dogs, proof of rabies required $100 SMMC 4.04.370 Dogs, public nuisance/fecal matter $100
SMMC 4.04.385 Dogs in public, duty of person to possess clean-up materials $100 SMMC 4.04.410 Vicious dogs, restrictions $1,000
SMMC 4.08.270 Restrictions on leafblower operation $500 SMMC 4.12.060 Exterior Noise Standards $500
SMMC 4.12.070 Excessive Vibration $500
SMMC 4.12.090 Noisy Animals $250
SMMC 4.12.100 Public parks, beaches or recreational facilities restrictions $250 SMMC 4.12.110 Demolition, excavation, grading, spray painting, construction, maintenance or repair of building activity-hours & noise limits $500
SMMC 4.12.120 Failure to Post Construction Hours Sign $250 SMMC 4.12.150 Business Support Operations $250
SMMC 4.12.160 Interference with Enforcement $500
SMMC 4.12.180 Gardening/Landscaping Activities-Hours of Operation $250 SMMC 4.27.010 Disruption of housing services $500
SMMC 4.27.030 Tenant Evictions for Owner Occupancy $1,000 SMMC 4.27.040 Occupancy Permits $1,000
SMMC 4.36.100 Temporary Relocation Assistance $250
SMMC 4.44.010 Smoking in Elevator or Public Restroom $500 SMMC 4.44.020 Smoking in public places, work places, and restaurants $500 SMMC 4.44.030 Sale of tobacco by vending machine or out of package $750 SMMC 4.56.020 Prohibition - Tenant Harassment $1,000
SMMC 4.56.050 Buyout Offers and Agreements - Tenant Harassment $1,000 SMMC 4.62.015 (a-e) Minimum Wage Payment $500
SMMC 4.62.015 (f) Minimum Wage Bulletin $100
SMMC 4.62.015 (g) Minimum Wage Record Keeping $500
Exhibit 1 - Administrative Citation Fine Schedule
Administrative Citation Fines E1 - 1

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Packet Pg. 236 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
SMMC 4.62.025 Paid Sick Leave $500
SMMC 4.62.040 Service Charges $500
SMMC 4.62.060 Unlawful Practices $500
SMMC 4.62.070 Retaliation $1,000
SMMC 4.62.100 Compliance with Enforcement $1,000
SMMC 4.63.015 Hotel Worker Minimum Wage Payment $500
SMMC 4.63.025 Paid Sick Leave $500
SMMC 4.63.040 Service Charges $500
SMMC 4.63.060 Unlawful Practices $500
SMMC 4.63.070 Retaliation $1,000
SMMC 4.63.100 Compliance with Enforcement $1,000
SMMC 4.68.040 Failure to Obtain Community Events Permit $250 SMMC 5.04.240 Dogs, Cats or Animals in Eating Places $100 SMMC 5.08.060 Unapproved Use of Privy (Port-a-potty) $100 SMMC 5.08.070 Failure to Clean Adjacent Sidewalk $250
SMMC 5.08.080 Failure to Maintain Clean Premises $500
SMMC 5.08.090 Failure to Properly Store Fertilizer $100 SMMC 5.08.100 Excessive manure/fertilizer as defined Near Residential $250 SMMC 5.08.110 Offensive Substance on Public Property $500 SMMC 5.08.140 Removal/Destruction of Building Officer's Posted Notice $500 SMMC 5.08.170 Unauthorized Refuse Containers in the Public Way $250 SMMC 5.08.330 Obstruction of Water Meter/Gate Valves $250 SMMC 5.08.340 Unauthorized Private Dumping Ground $500
SMMC 5.08.370 Failure to Comply with County Health Department Standards $500 SMMC 5.08.380 Refuse Collection During Prohibited Hours $250 SMMC 5.20.040 Prohibited Discharge Standards $1,000
SMMC 5.20.050 Specific Pollutant Limitations $1,000
SMMC 5.20.070 Pretreatment Facilities $1,000
SMMC 5.20.080 Additional Pretreatment Measures $1,000
SMMC 5.20.090 Spill Prevention Plans $1,000
SMMC 5.20.100 Good Housekeeping Provision $1,000
SMMC 5.20.110 Requirements for Restaurants and other Commercial Cooking $1,000 SMMC 5.20.310 Periodic Compliance Reports $1,000
SMMC 5.20.320 Report of Changed Conditions $1,000
SMMC 5.20.330 Reports of Potential Problems/Slug control Plans $1,000 SMMC 5.20.370 Monitoring and Sampling Pre-notification $1,000 SMMC 5.20.390 Sample Collection $1,000
SMMC 5.20.400 Analytical Requirements $1,000
SMMC 5.20.420 Falsifying Information $1,000
SMMC 5.20.430 Inspection and Sampling $1,000
SMMC 5.20.440 Monitoring Facilities $1,000
SMMC 6.04.020 Operating Business without Proper City License $500 SMMC 6.04.270 Failure to Post Business License $250
SMMC 6.14.060 Service Business Activities Requiring Police Permits $500 SMMC 6.28.030 Newsrack-Operating and Maintenance Requirements $250 SMMC 6.28.030 Newsrack Without Permit $500
SMMC 6.28.040 Newsrack-Maintenance and Installation Standards $250 SMMC 6.28.050 Newsrack-Standards for Materials Sold $500 SMMC 6.32.070 Soliciting Trade on Sidewalk $500
SMMC 6.46.020 Failure to Obtain Permit for Liquidation Sale $500 SMMC 6.46.100 Liquidation Sale-Failure to Post Permit $250 SMMC 6.48.030 Vehicle for Hire-Business license required $500 SMMC 6.48.040 Vehicle for Hire–Compulsory Insurance Coverage $1,000 SMMC 6.48.050 Vehicle for Hire–Driving of Vehicles $250 SMMC 6.48.060 Vehicle for Hire-Direct Route $500
SMMC 6.48.065 Vehicle for Hire - Compensation for Access to Passengers $500 SMMC 6.49.040 Taxicab Franchise - Suspension or Revocation $1,000 SMMC 6.49.060(a) Taxicab Franchise Fees - Annual Franchise Fee $1,000 SMMC 6.49.060(b) Taxicab Franchise Fees - Annual Taxicab Vehicle Permit Fee $1,000 SMMC 6.49.060(c) Taxicab Franchise Fees - Annual Taxicab Driver's Permit Fee $1,000 SMMC 6.49.070 Taxicab Franchise - Signage $500
SMMC 6.49.080 Taxicabs -Taxicabs Identification Decal Required $5,000 SMMC 6.49.090 Taximeters and Rates $250
SMMC 6.49.100 Parking of Vehicles - Stands $250
SMMC 6.49.110 Taxicab Identification and Vehicle Operating Requirements $500 SMMC 6.49.120 Taxicabs-Full Use of Taxicab $500
SMMC 6.49.130 Access to passengers on business establishment premises; exclusive arrangements limited $500 SMMC 6.49.140(a) Unauthorized taxicab services prohibited; exception $5,000 Administrative Citation Fines E1 - 2

8.A.d
Packet Pg. 237 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
SMMC 6.49.140(c)-(e) Unauthorized taxicab services prohibited; exception $1,000 SMMC 6.49.150 Rules and regulations $1,000
SMMC 6.116.040 Unauthorized Display on Municipal Pier $250 SMMC 6.120.030 Valet Parking without Permit $500
SMMC 6.120.060 Valet Parking-Operating Requirements $250 SMMC 6.120.070 Valet Parking- Penalties $250
SMMC 6.120.090 Valet Parking: Insurance Requirements $250 SMMC 6.120.110 Valet Parking-Regulations $250
SMMC 6.120.120 Authorized Valet Parking Zones $250
SMMC 6.120.130 Valet Parking: Conformance with Applicable Laws $250 SMMC 6.120.140 Valet Parking-Conditions Imposed on Permit $250 SMMC 6.120.150 Valet Parking-Requirements for Downtown Valets $250 SMMC 6.20.030 Advertising, Facilitating, or Operating a Vacation Rental $1,000 SMMC 6.200.030 Failure to comply with commercial cannabis administrative regulations $1,000 SMMC 6.200.040 Failure to comply with commercial cannabis permit conditions $1,000 SMMC 6.200.060 Insurance requirements $1,000
SMMC 6.200.070 Conformance with applicable laws $1,000
SMMC 6.201.010 Permit Required (Retail) $1,000
SMMC 6.202.010 Permit Required (Light Manufacturing) $1,000 SMMC 6.203.010 Nonmedicinal Cannabis Uses Prohibited $1,000 SMMC 6.22.040 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.050 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.060 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.070 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.080 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.22.090 Failure to Comply with Residential Leasing Requirements $1,000 SMMC 6.36.030 Vendor Permit Required: First Violation $250 SMMC 6.36.030 Vendor Permit Required: Second Violation within one year of the first violation. $500 SMMC 6.36.030 Vendor Permit Required: Each additional violation within one year of the first violation. $1,000 SMMC 6.36.040 Restricted Vending Time and Locations - First Violation $100 SMMC 6.36.040 Restricted Vending Time and Locations - Second Violation $200 SMMC 6.36.040 Restricted Vending Time and Locations - Each Additional Violation (after first and second violations) $500
SMMC 6.36.050 Vending Requirements and Prohibitions - First Violation $100 SMMC 6.36.050 Vending Requirements and Prohibitions - Second Violation $200 SMMC 6.36.050 Vending Requirements and Prohibitions - Each Additional Violation (after first and second violations) $500
SMMC 6.36.110 Failure to comply with sidewalk vending regulations - First Violation $100 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - Second Violation $200 SMMC 6.36.110 Failure to comply with sidewalk vending regulations - Third Violation $500 SMMC 6.36.110 Failure to comply with vehicle vending regulations - First Violation $250 SMMC 7.04.210 Regulations for Resurfacing Work in Public Way $250 SMMC 7.04.230 Excavation in Public Way-Vehicle Crossing $250 SMMC 7.04.240 Excavation in the Public Way-Per Plat/Application $250 SMMC 7.04.240 Excavation in the Public Way-Due Diligence $500 SMMC 7.04.490 Connection of Sewer Without Permit $500
SMMC 7.04.650 Sewage from Vehicle into Sewer System Without Permit $500 SMMC 7.04.670 Materials/Equipment in Public Way Without Permit $500 SMMC 7.04.700 Revocation of Permits-Work to Cease $1,000 SMMC 7.04.710 Failure to Remove Materials/Equipment in Public Way $500 SMMC 7.04.720 Illumination of Building Materials Stored in Public Way $250 SMMC 7.04.730 Regulations for Building Material Deposits and Cranes $250 SMMC 7.04.740 Mixing/Storing Cementitious Materials On/Near Street $250 SMMC 7.04.750 Failure to Post Street Use Permit $250
SMMC 7.04.760 Construction Debris in Public Way $500
SMMC 7.06.050 Permit Required - Work in the Public Right-of Way $500 SMMC 7.06.330 Excavation Requirements $500
SMMC 7.06.340 Construction Requirements $250
SMMC 7.10.080 Urban Runoff Pollution Control Practices-All Properties $500 SMMC 7.10.090 Urban Runoff Reduction Requirements $500
SMMC 7.10.100 Urban Runoff Requirements for Construction Sites $500 SMMC 7.12.060 Temporary Water Service Without Permit. $500 SMMC 7.12.090 Additional Best Management Practices $500 SMMC 7.12.350 Unauthorized Use of City Water $500
SMMC 7.16.020 Excessive Water Use $250
SMMC 7.18.090 Violation of Plumbing Code Standards $500 SMMC 7.36.020 Moving Building/Structure on City Street Without Permit $500 SMMC 7.40.110 Planting of Tree in Parkway Without Permit $300 SMMC 7.40.110 Trim or Prune City Tree without Permit $500 Administrative Citation Fines E1 - 3

8.A.d
Packet Pg. 238 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
SMMC 7.40.110 Injure/Interfere With City Tree-No Replacement Required $500 SMMC 7.40.110 Removal of City Tree without Permit $1,000 SMMC 7.40.110 Injure/Interfere With City Tree-Replacement Required $1,000 SMMC 7.40.130 Interference with City Tree Administration $500 SMMC 7.40.140 Intentional Damage to City Tree $1,000
SMMC 7.40.150 Unauthorized Attachment to City Tree $100 SMMC 7.40.160 Protection of Trees During Construction/Demolition $500 SMMC 7.44.020 Maintain Premises Free of Weeds $250
SMMC 7.48.020 Litter in Public Places $250
SMMC 7.48.040 Sweeping litter into gutters $250
SMMC 7.48.050 Property Owner to Keep Adjacent Public Way Free of Litter $250 SMMC 7.48.060 Litter on Private Property $250
SMMC 7.48.070 Owner to Maintain Premises Free of Litter $250 SMMC 8.04.010 Failure to Maintain-Technical Codes $500
SMMC 8.08.030 Continuing Use after Order to Discontinue Use $1,000 SMMC 8.08.050 Construction Work Without Permit $500
SMMC 8.08.070 Construction Work with Expired Permit $500 SMMC 8.08.110 Installation of Work from Unapproved Fabricator $500 SMMC 8.08.130 Occupancy Prior to Issuance of Certificate of Occupancy/ Final Inspection Approval $500 SMMC 8.08.160 Connection to Utilities Without Approval $500 SMMC 8.08.160 Reconnecting Utilities after Order to Disconnect $1,000 SMMC 8.08.170 Sandblasting Regulations-General $500
SMMC 8.08.170 Sandblasting-Failure to Give Three (3) Day Notice $750 SMMC 8.08.190 Violation of Temporary Trailer Regulations $500 SMMC 8.12.090 Failure to Provide Special Inspection as Required $1,000 SMMC 8.12.090 Failure to Provide Structural Observation as Required $1,000 SMMC 8.12.150 Maintaining Pool/Spa/Fountain Water Clarity $250 SMMC 8.40.020 Fireworks Prohibited $1,000
SMMC 8.44.050 Automatic Fire Sprinklers Required $500
SMMC 8.08.200 Failure to Brace Water Heater $500
SMMC 8.96.030 Responsibility for Maintenance-Public Nuisances $1,000 SMMC 8.100.010 Construction Means and Methods Plan Required $500 SMMC 8.100.060 Compliance with Means and Methods Plan $500 SMMC 8.100.040 Failure to Provide Construction Notice to Residential Tenant $500 SMMC 8.108.100 Landscape and Irrigation Requirements $250 SMMC 9.21.050 Over Height Hedge wall or fence, Encroaching hedges $250 SMMC 9.21.180 Hazardous Visual Obstructions $500
SMMC 9.21.130 Refuse and Recycling Storage Areas $250
SMMC 9.21.080 Outdoor Commercial Lighting Standards $250 SMMC 9.21.080 Glare Beyond Property $250
SMMC 9.21.100 Storage in Required Front/Side Yard or Vacant Lot $500 SMMC 9.27.080 Illegal Nonconforming Occupancy/Use $1,000 SMMC 9.28.030 Maintain Use of Required Off-street Parking Space $250 SMMC 9.28.080 Maintain Existing Loading Space $250
SMMC 9.28.120 Storage in Parking Space $250
SMMC 9.28.120 Marking of Parking Spaces $250
SMMC 9.28.120 Wheel Stops $250
SMMC 9.28.140 Number of Bicycle Spaces Required $250
SMMC 9.28.150 Number of Vanpool, Carpool Spaces Required $250 SMMC 9.29.040 Residential Building Record-Failure to Deliver to Buyer $500 SMMC 9.31.060 Auto Repair-Open Door for Noise/Body& Fender $500 SMMC 9.31.060 Auto Repair-Outdoor Repair Work $1,000
SMMC 9.31.060 Auto Repair-Operating Hours $1,000
SMMC 9.31.060 Auto Repair- Litter $500
SMMC 9.31.060 Auto Repair-Sound $250
SMMC 9.31.060 Auto Repair-Onsite Storage of Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Repair-Test Driving on Unapproved Streets $500 SMMC 9.31.060 Auto Repair-Vehicles Awaiting Repair $500 SMMC 9.31.060 Auto Dealership-Vehicles Awaiting Repair in Street/Alley $500 SMMC 9.31.070 Auto Dealership-Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Dealership-Failure to Control Noise $250 SMMC 9.31.070 Auto Dealership-Test Driving on Unapproved Streets $500 SMMC 9.31.070 Auto Dealership-Loading And Unloading of Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Hours of Operation Near Residential District $1,000 SMMC 9.31.070 Auto Rental- Parking and Vehicle Storage $250 SMMC 9.31.070 Auto Rental-Failure to Control Noise $250 SMMC 9.31.070 Auto Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.070 Auto Dealership-Vehicles Awaiting Repair $500 SMMC 9.31.070 Automobile Rental-Failure to Control Noise $250 Administrative Citation Fines E1 - 4

8.A.d
Packet Pg. 239 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
SMMC 9.31.070 Automobile Rental-Loading and Unloading Vehicles $1,000 SMMC 9.31.080 Auto Wash-Vehicles in Public Way $500
SMMC 9.31.080 Auto Wash-Hours of Operation Near Residential $1,000 SMMC 9.31.150 Neighborhood Grocery Store-Delivery Hours $1,000 SMMC 9.31.185 Failure to comply with medical cannabis zoning regulations $1,000 SMMC 9.31.200 Unapproved sidewalk café in RVC district $500 SMMC 9.31.200 Unapproved sidewalk café in BCD district $500 SMMC 9.31.200 Unapproved sidewalk café in BSC, BSC3, BSC4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C2 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3 district $500 SMMC 9.31.200 Unapproved sidewalk café in C3C district $500 SMMC 9.31.200 Unapproved sidewalk café in C4 district $500 SMMC 9.31.200 Unapproved sidewalk café in C6 district $500 SMMC 9.31.200 Unapproved sidewalk café in CM district $500 SMMC 9.31.200 Unapproved sidewalk cafe in CP district $500 SMMC 9.31.220 Unpermitted Outdoor Uses $500
SMMC 9.31.210 Outdoor Newsstands-Zoning Regulations $250 SMMC 9.31.250 Private Tennis Courts-Lighting $250
SMMC 9.31.280 Restaurant-Hours of Operation Near Residential $1,000 SMMC 9.31.310 Senior Group Housing-Lighting $250
SMMC 9.31.320 Service Station-Vehicle for Repair in Street/Alley $500 SMMC 9.31.340 Game Arcades Bicycle Racks $250
SMMC 9.31.360 Outdoor Antique Markets $250
SMMC 9.31.370 Excessive Yard Sales in the R-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2R District $100 SMMC 9.31.370 Excessive Yard Sales in the R-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R-MH District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-1 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-Duplex District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-2 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-3 District $100 SMMC 9.31.370 Excessive Yard Sales in the OP-4 District $100 SMMC 9.31.370 Excessive Yard Sales in the R2B District $100 SMMC 9.31.370 Excessive Yard Sales in the R3R District $100 SMMC 9.48.010 Conditions of Approval for Permits/Approvals for Land Use $500 SMMC 9.53.070 Contents of Worksite Transportation Plans $5/employee/day SMMC 9.53.080 Submission of Emission Reduction Plans and Worksite Transportation Plans $5/employee/day SMMC 9.53.090 Employer Monitoring and Enforcement $5/employee/day SMMC 9.53.140 Developer Monitoring and Remedies for Violation $5/residential unit/day
and $5/employee
in the project/day
SMMC 9.61.180 Prohibited Signs $250
SMMC 9.61.230 Sign On Street, Alley or Public Place $250 SMMC 9.61.240 Failure to Remove Prohibited Nonconforming Sign $1,000 CFC 104.11.2 Obstructing Fire Department Operations $1,000 CFC 105.1.1 Permits(s) Required $250
CFC 105.3.3 Occupancy prohibited before approval $1,000 CFC 105.3.5 Posting Permit $125
CFC 105.4.6 One set of approved plans kept on the site of the building or work during which the work authorized is in progress. $125
CFC 105.6.16(5) Permit (remove fuel by means other than dispensing) $250 CFC 105.6.16(7) Permit (place temporarily out of service) $250 CFC 105.6.16(8) Permit (change contents of tank) $250
CFC 105.6.37 Permit Required to Operate a Place of Public Assembly $500 CFC 105.7.13 Hazardous materials construction permit $500 CFC 106.3 Work commencing before permit issuance $1,000 CFC 107.2.2 Work shall not be done beyond the point indicated without approval $500 CFC 108.1 Maintenance of safeguards $125
CFC 108.2 Testing and operation of equipment $125
CFC 108.3 Availability of test and inspection records to Fire Dept. $125 CFC 108.6 Overcrowding-Exceed Maximum Occupant Load $1,000 CFC 110.1 Unlawful Acts $500
CFC 110.3.2 Compliance with Orders and Notices $500
CFC 110.3.4 Removal/Destruction of Sign/Tag $250
The following code sections are from the California Fire Code (CFC), Title 19 of the California Code of Regulation (T19) and the California Building Code Standards (CBC) adopted pursuant to Santa Monica municipal code sections 8.40.010 and 8.12.010 and state law.

Administrative Citation Fines E1 - 5

8.A.d
Packet Pg. 240 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
CFC 111.1 Unsafe Building $500
CFC 111.1.1 Unsafe Conditions $500
CFC 111.2 Stopping Use, Evacuation $500
CFC 112.1 Stop Order $250
CFC 112.1 Stop Order-Failure to Comply $1,000
CFC 112.4 Continue to work after Stop Work Order $1,000 CFC 301.1 Clothes Dryer Free of Lint $250
CFC 303.2 Fire Protection for Asphalt Kettles $250
CFC 304.1 Combustible Waste Material Accumulation Creating a Fire Hazard $125 CFC 304.1.2 Combustible Vegetation $125
CFC 304.3 Location of Rubbish Dumpsters $125
CFC 305.1 Clearance from Ignition Sources $125
CFC 305.2 Hot Ashes and Spontaneous Ignition Sources $500 CFC 305.4 Deliberate or Negligant Burning $500
CFC 307.1 Prohibited Open Burning $500
CFC 308.1 Open/Illegal Burning $500
CFC 308.1.4 Charcoal burners and other open flame cooking devices shall not be operated on combustible balconies or within 10' of combustible storage $250
CFC 308.1.6.3 Sky Lanterns $500
CFC 308.1.8 Improper Use of Flaming Food/Beverage $250
CFC 308.2 Candles/Open flame Prohibited without permit $250 CFC 308.3.1 Improper Use of Candle/Open Flame $250
CFC 310.3 No Smoking Signs Posted and Enforced $75
CFC 311.1 Maintain Vacant Building/Property $1,000
CFC 311.2 Safeguarding Vacant Premises $500
CFC 311.3 Combustible/Hazardous Material in Vacant Building $1,000 CFC 315.3 Store Combustible Storage in Orderly Manner $125 CFC 315.3 Provide Clearance Of Heat Producing Appliances and Combustible Materials (keep area lint free) $125
CFC 315.3.1 Required Ceiling Clearance $125
CFC 315.3.2 Combustibles Stored in Exit $250
CFC 315.3.3 Combustible Material in Elec/Mech/Boiler Room $125 CFC 315.3.4 Storage Combustible Materials in Attic or Under floor $125 CFC 315.4 Storage Combustible Materials Outside of Building $125 CFC 401.3 Failure to Report Emergency $500
CFC 401.5 Report False Alarm $500
CFC 404.6 Egress Plan Posted $75
CFC 405.1 Emergency Plans/Fire Drills $125
CFC 405.2 Fire Drills Required $125
CFC 503.4 Obstruct Fire Access Road/Lane $125
CFC 504.1 Maintain Required Access to Building $250
CFC 504.2 Maintain Exterior Doors/Openings $250
CFC 505.1 Premises Identification Required $75
CFC 506.1 Provide Knox Box $75
CFC 506.2 Key Box Maintenance / Key Inventory $75
CFC 507.5.4 Obstruction of Hydrant/Fire Protection Equipment $250 CFC 509.1 Provide Identification Sign On Room/Door $125 CFC 509.1 Fire protection equipment shall be identified in an approved manner $125 CFC 509.2 Approved access shall be provided and maintained for all fire protection equipment $125 CFC 510.6 Emergency Responder Radio Coverage System Maintenance $500 CFC 603.4.2 Portable outdoor gas fire heating appliances $250 CFC 603.5.2 Maintain Heating Equipment/Appliance $125
CFC 603.8.2 Spark Arrestor Required $250
CFC 603.9 Protect Gas Meters/Piping $250
CFC 604.1 Abate Electrical Hazard $125
CFC 604.3 Provide working space and clearance in front of electrical service equipment $125 CFC 604.3.1 Label Electrical Room/Switchboard/Panel $75 CFC 604.4 Provide Listed Power Tap With Over-current Protection $75 CFC 604 Improper Use/Power Taps $75
CFC 604.5 Extension Cords Prohibited $125
CFC 604.5 Improper Use of Extension Cords $75
CFC 604.10.2 Portable, electric space heaters shall be plugged directly into an approved receptacle $125 CFC 604.10.4 Portable, electric space heaters shall not be operated within 3 feet of any combustible materials. $125
CFC 605.3 Access to Electrical Switchboard/Panel $125
CFC 605.8 Failure to have refrigerant detector $500
CFC 607.2 Commercial Kitchen Exhaust Hood Required $500 CFC 607.3.3 Hoods, Grease-Removal Devices, Fans, Ducts, Etc. shall be Cleaned at Req'd Intervals $250 CFC 703.1 Maintain Fire Resistive Construction $250
Administrative Citation Fines E1 - 6

8.A.d
Packet Pg. 241 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
CFC 705.2 Maintain Fire Assemblies/Doors $500
CFC 705.2 Obstruction of Fire Assembly/Door $500
CFC 705.2.6 Test Fire Doors $125
CFC 704.2 Protection of Floor Openings $250
CFC 806.1.1 Natural cut trees shall be restricted in specific occupancies. $125 CFC 807.1 Maintain Flame Resistant Treatment $250
CFC 901.6 Maintain Fire Protection System/Appliance $1,000 CFC 901.7 Fire Watch Required-Problematic Systems $500
CFC 901.8 Tamper with Fire Department Equipment $1,000
CFC 901.8 Tamper with Fire Hydrant/Appliance $1,000
CFC 901.8.1 Tamper with Barriers/Locks/Signs/Seals $1,000 CFC 903.2 Fire Sprinkler System Required $1,000
CFC 903.2.11.6 Additional Fire Suppression System Required $1,000 CFC 904.12 Hood Fire Extinguishing System Required to Protect all Areas $1,000 CFC 906.4 Provide a Type K Fire Extinguisher $75
CFC 904.12.5 Kitchen Hood Extinguishing System Service $250 CFC 906.1 Provide Fire Extinguisher Based on Use/Hazard/Occupancy $75 CFC 906.2 Maintenance and Required Service Intervals for Fire Extinguishers $75 CFC 906.3 Fire Extinguisher Size and Distribution $75
CFC 906.6 Post Signs Indicating Location of Fire Extinguisher $75 CFC 907.2 Fire Alarm System Required to be Installed and Maintained $1,000 CFC 907.2.8 Install and Maintain Smoke Detectors (Existing R-1) $250 CFC 907.8.5 Building owners shall be responsible to maintain the fire and life safety systems in an operable condition at all times. $1,000
CFC 912.4 Maintain Access To and Operation of Standpipes, FDC and Sprinkler control valves $250 CFC 1004.9 Post Occupant Load $125
CFC 1006.3.3 Single Exits $250
CFC 1010.1 Failure to Maintain Exit Doors $1,000
CFC 1010.1.4.4 Locks in Educational Occupancies $500
CFC 1010.1.9.4 Signage-Doors Unlocked During Business Hours $125 CFC 1010.1.9.5 Exit Door Locked/Secured with Non-approved Lock $500 CFC 1010.1.10 Panic Hardware Required $250
CFC 1010.2 Locks on Exit Gates $1,000
CFC 1011.1 Maintain Stairways $250
CFC 1011.7.4 Storage Under Stairways $500
CFC 1013.1 Exit Signs Required $250
CFC 1013.6.3 Failure to Provide Exit Signs with Emergency Power $250 CFC 1014.1 Maintain Handrails $250
CFC 1018.1 Aisles Required $250
CFC 1018.1 Obstruct Aisle or Exitway $500
CFC 1020.3 Maintain Corridor $250
CFC 1023.9 Stairway Identification $125
CFC 1025.1 Luminous Egress Pathway Markings in Highrise $125 CFC 1029.15 Bonding of Chairs Required $125
CFC 1030.5 Equip Bars/Grates On Sleeping Room With Approved Interior Release Devices $500 CFC 1031.1 Maintain Means of Egress $500
CFC 1031.2 Exit Reliability $1,000
CFC 1031.3 Obstructions in the Means of Egress $500
CFC 1031.4 Exit Sign illumination Required $250
CFC 1031.6 Finishes, Furnishings and Decorations $250
CFC 1031.7 Obstruct/Maintain Emergency Escapes $1,000
CFC 1031.1 Maintain Egress Lighting $250
CFC 1103.1 Construction Requirements in Existing Buildings $250 CFC 1104.1 Means of Egress for Existing Buildings $250
CFC 1104.16.7 Obstruct/Maintain Fire Escape $1,000
CFC 1113.1 Existing R-1 and R-2 Occupancy Requirements $250 CFC 1114.1 Existing Highrise Requirements $250
CFC 1115 Existing Group-I Requirements $250
CFC 1203.1 Maintain Emergency Power Equipment $500
CFC 1206.2 Stationary Storage Battery Systems $500
CFC 2101.1 Dry Cleaner Requirements $250
CFC 2203.4 Dust Collection Required $250
CFC 2303.2 Provide an approved emergency disconnect switch to stop transfer of fuel in event of emergency $500
CFC 2306.7.4 Failure to maintain an approved automatic emergency shutoff valve $500 CFC 2305.6 Warning signs shall be conspicuously posted within sight of each dispenser in the fuel dispensing area. $125
CFC 2404.2 Spray-Finish Operations Prohibited $1,000
Administrative Citation Fines E1 - 7

8.A.d
Packet Pg. 242 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
CFC 2404.4 Fire Protection System Required for Spray Booths/Rooms $1,000 CFC 3103.2 Approval required to erect , operate or maintain a tent in excess of 400 sq ft $500 CFC 3103.5 Tents shall not be erected for a period of more than 180 days $500 CFC 3103.8 Location of Tents $250
CFC 3103.9 Tent Anchoring $250
CFC 3201.1 High Pile Storage Requirements $500
CFC 3313.1 Standpipe System Required During Construction $1,000 CFC 3504.1.1 Hot Work-Clearance to Combustibles $250
CFC 3504.1.7 Hot Work-Non Approved Location $250
CFC 3504.2.6 Fire Protection Equipment for Hot Work $250 CFC 3505.2 Storage of Welding Equipment $250
CFC 5001.3.3 Performance requirements of equipment/documentation $250 CFC 5001.3.3.8 Detection of gas or vapor release. $500
CFC 5001.5.1 Hazardous Material Management Plan $1,000
CFC 5001.5.2 Hazardous Materials Inventory Statement $1,000 CFC 5001.6.1 Permit/Monitoring requirements for out-of-service facilities $250 CFC 5003.1 General/Hazardous Materials $500
CFC 5003.1.1 Maximum Allowed Quantity Per Control Area $500 CFC 5003.2 Design/maintenance of equipment for hazardous materials $250 CFC 5003.2.2.1 Provide Emergency Shut-off Valves and Signs $250 CFC 5003.2.9.2 Testing frequency $125
CFC 5003.2.5 Empty Containers and Tanks $125
CFC 5003.2.6 Maintenance of Equipment, Machinery, and Req'd Detection and Alarm $500 CFC 5003.2.6.2 Defective Cylinders, Containers and Tanks Shall Be Removed from Service $250 CFC 5003.2.9 Required Testing of Equipment, Devices and Systems per 5003.2.9.1 $500 CFC 5003.3.1 Release of Hazardous Materials $1,000
CFC 5003.3.1.2 Provide Approved Method to Control Unauthorized Spills $250 CFC 5003.4 SDS Forms Readily Available $125
CFC 5003.5 Provide Hazardous Identification Signs $125
CFC 5003.5.1 Provide Markings or Labels on Containers or Packages $125 CFC 5003.9.1 Training of Personnel/Written Procedures $500 CFC 5003.9.3 Provide Guard Posts to Protect Storage Area or Tanks $250 CFC 5003.9.5 Provide Approved Means to Prevent Static Electricity Charge $250 CFC 5003.9.8 Separate Containers of Incompatible Materials $500 CFC 5003.9.9 Provide Shelves with Lip or Guard $125
CFC 5004.1 General Storage of Hazardous Materials $500
CFC 5004.2.2 Provide Secondary Containment for Hazardous Materials $250 CFC 5004.2.2.5 Approved monitoring method $250
CFC 5004.11 Keep Storage Area or Tanks Clear of Combustible Material $250 CFC 5005.2.1.4 Secondary Containment for Liquid Used in Open Systems Inside a Building $250 CFC 5005.3.5 Secondary Containment for Liquid Used in Open Systems Outside a Building $250 CFC 5303.4.3 Provide Labels on Gas Piping $125
CFC 5303.5.3 Secure Compressed Gas Cylinders $125
CFC 5307.3.1 Failure to provide mechanical ventilation or emergency alarm system where CO2 can collect $500 CFC 5307.3.2 Failure to provide gas detection system with CO2 systems $500 CFC 5601.1.3 Possession of Illegal Fireworks $1,000
CFC 5703.3 Site Assessment $500
CFC 5704.2.7.10 Leak Reporting $1,000
CFC 5704.2.11.3 Overfill prevention system $125
CFC 5704.2.11.4.2 Approved method of leak detection $500 CFC 5704.2.13.1.2 Conditions for tanks out of service for 90 days $500 CFC 5704.2.13.1.3 Conditions for tanks out of service for 1 year $1,000 CFC 5704.3.1.1 Store Flammable/Combustible Liquids in Approved Container $250 CFC 5704.3.2 Store Flammable/Combustible Liquid in Approved Cabinet(s) $250 CFC 5704.3.3.3 Remove Flammable Liquids Near Exits $500 CFC 5705.2.4 Discontinue Gravity Dispensing $250
CFC 5705.3.6 Discontinue Cleaning Inside Building with Flammable Liquids $500 CFC 5705.3.7.5.3 Provide Secondary Containment—Flammable and Combustible Liquids $250 CFC 5707.1.1 Approval/Permit Required for Mobile Fueling $250 CFC 6109.4
LP-gas containers stored near exit access doors, exits, stairways and/or areas used as means of egress $500
CFC 6109.13
LP-gas containers shall be stored within a suitable enclosure or otherwise protected against tampering $500
Late Payment Charges:

Administrative Citation Fines E1 - 8

8.A.d
Packet Pg. 243 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code Section Violation Description(s) Fine
Except as otherwise specifically set forth , the administrative citation fine amount imposed pursuant to Chapter 1.09 to the Municipal Code (“administrative citation fine amount”) for a first violation of the Santa Monica Municipal Code by a person shall be Seventy-Five Dollars ($75.00).

Repeat Violations:

The administrative citation fine amount for a second violation of the same Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred twenty-five percent (125%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the second violation. The administrative citation fine amount for a third and any subsequent violation of the same Code provision by the same responsible party within thirty-six (36) months from the date of an administrative citation shall equal one hundred fifty percent (150%) of the fine amount listed in this Resolution for a first violation of that Municipal Code section at the time of the third, or as applicable, subsequent violation.

Payment of the administrative citation fine amount after thirty (30) days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall equal ten percent (10%) of the administrative citation fine amount due to the City, or ten percent (10%) of the amount remaining unpaid to the City if a portion of the fine amount was timely paid. Late payment charges shall be in addition to the amount of the administrative citation fine amount. In addition, interest shall accrue on all unpaid monies due, exclusive of late payment charges, at the rate of one half of one percent per month of the total amount due from the date the administrative citation fine amount becomes delinquent until the date that all delinquent amounts are paid to the City.

Standard Fine:

Administrative Citation Fines E1 - 9

8.A.d
Packet Pg. 244 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) S
R
IOS
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchisee
Driver or
Vehicle
Permittee
Franchise
e
Driver or
Vehicle
Permittee
Franchisee
Schedule A $50 $50 $100 $100 $150 $150
$250
or
Suspension
IOS
$500
$500
or
Suspension
IOS
$300
Schedule B N/A $100 N/A $200 N/A $300 N/A $500 N/A
$500
IOS
Schedule C
$250
or
Suspension
IOS
$500
$500
or
Suspension
IOS
$2,500 N/A N/A
$1,000
or
Revocation
IOS
$2,500
Schedule D N/A
$1,000
IOS
N/A
$5,000
or
Suspension
IOS

N/A N/A N/A
$5,000
or
Suspension
IOS
See
Penalties
Conduct / Public Safety
Violation
See
Penalties
Conduct / Public Safety
Violation

ASSIGNED PENALTY SCHEDULE
= Revocation
= Immediate Out of Service (Driver and/or Vehicle) at the Full Discretion of the Police Penalty Schedules:

The following progressive penalties shall be applied when the same driver, vehicle permittee, or franchisee is guilty of a second or subsequent violation of the same rule or any combination of the rules listed for the same Progressive Penalty Schedule within any 24- month period. When IOS appears in a penalty, a driver or vehicle may be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer.

Penalty
Schedules
Penalties
First Violation
Penalties
Second Violation
Penalties
Third Violation
Penalties
Fourth or More
Violation
Penalties
Conduct / Public
Safety Violation
Exhibit 2 - Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations

SCHEDULE I

SCHEDULE OF FINES FOR VIOLATION OF TAXICAB RULES AND REGULATIONS Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Department’s rules and regulations, with the terms and conditions of a taxicab franchise or the Santa Monica Municipal Code shall be guilty of a violation and subject to the penalty schedule as shown in the brackets at the end of each rule. Each day that a violation continues shall constitute a separate and distinct violation. If a penalty due date falls on a weekend or holiday, penalties are due the next City business day.

Any suspension of a permit shall be recorded on the driver’s Permit Suspension Record and will be considered when applying Taxicab Rule 306f. A permittee must serve a suspension during a period of time in which the Taxicab Driver’s Permit has been physically turned in to the City.

Monetary Penalty Increments:

Penalties shall accumulate without limit.

Suspension of Franchisee’s Franchise:

Whenever the cumulative amount of the monetary penalty assessed against any franchisee for any calendar quarter period exceeds $10,000, the franchisee’s franchise is subject to immediate suspension.

LEGEND:
= Suspension
Taxicab Fines E2 - 1

8.A.d
Packet Pg. 245 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) 410. Schedule A
411. Schedule A-Conduct for 1st Violation, Schedule C-Conduct for 2nd Violation 412. Schedule C–Conduct
413. Schedule C–Conduct
405. Schedule A-Public Safety
406. Schedule A-Conduct
407. Schedule C–Public Safety
408. Schedule C-Public Safety
409. Schedule C-Conduct
401. Schedule A–Conduct
402. Schedule C–Public Safety
403a. Schedule C – Public Safety
403b. Schedule C-Public Safety
404. Schedule C–Public Safety
303. none
304. none
305. none
306. none
307. none
242. Schedule B
243. Schedule B
244. Schedule C-Conduct or Schedule D-Conduct
301. none
302. none
237 Schedule B-Conduct
238 Schedule B-Conduct
239 Schedule B-Conduct
240 Schedule A-Conduct
241. Schedule B
232 Schedule B– Public Safety
233 Schedule B
234 Schedule B-Public Safety
235 Schedule B
236 Schedule B
227 Schedule B
228 Schedule B
229 Schedule B
230 Schedule A or Schedule B
231 Schedule B
222 Schedule B
223 Schedule B
224 Schedule D
225 Schedule B-Public Safety
226 Schedule B
217 Schedule D
218 Schedule B
219 Schedule B
220 Schedule B
221 Schedule B
212 Schedule B
213 Schedule B–Public Safety
214 Schedule A-Conduct or B-Conduct
215 Schedule B–Public Safety
216 Schedule D
207 Schedule D-conduct
208 Schedule B–Conduct
209 Schedule A-Conduct or B-Conduct
210 Schedule A-Conduct or Schedule B-Conduct
211 Schedule B
202 Schedule D
203 Schedule D
204 Schedule D-Conduct
205 Schedule B-Conduct
206 Schedule B – Conduct
Taxicab Rule Penalty Schedule
201a. Schedule D
201b. Schedule C
Taxicab Fines E2 - 2

8.A.d
Packet Pg. 246 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Taxicab Rule Penalty Schedule
447. Schedule A–Public Safety
448. Schedule A
449. Schedule A
450. Schedule A
451. Schedule A
442. Schedule A
443. Schedule A
444. Schedule A
445. Schedule A
446. Schedule A
439a. Schedule C
439b. Schedule C-Conduct
439c. Schedule C
440. Schedule A-Conduct
441. Schedule C–Conduct
434b. Schedule A
435. Schedule C
436. Schedule A
437. Schedule A
438. Schedule A
430o. Schedule A
431. Schedule A
432. Schedule A-Conduct or Schedule C–Conduct at the Discretion of the City 433. Schedule A
434a. Schedule A–Conduct
430j. Schedule A-Conduct
430k. Schedule A-Conduct
430l. Schedule A-Conduct
430m. Schedule A-Conduct
430n. Schedule A
430e. Schedule A
430f. Schedule A-Conduct
430g. Schedule A-Conduct
430h. Schedule A
430i. Schedule A-Conduct
429. Schedule A
430a. Schedule A
430b. Schedule A
430c. Schedule A
430d. Schedule A
424. Schedule C
425. Schedule A-Public Safety
426. Schedule A-Public Safety
427. Schedule A
428. Schedule A-Conduct
422c. Schedule C
422d. Schedule A–Public Safety
423a. Schedule A-Public Safety
423b. Schedule A-Public Safety
423c. Schedule A-Public Safety
420b. Schedule C
420c. Schedule A
421. Schedule A-Public Safety
422a. Schedule A
422b. Schedule C
419b Schedule A
419c Schedule A-Conduct
419d Schedule C-Conduct
419e Schedule A
420a. Schedule C–Public Safety
415. Schedule A-Conduct
416. Schedule C
417. Schedule C
418. Schedule C
419a Schedule A-Public Safety
414. Schedule A-Conduct for 1st Violation, Schedule C– Conduct for 2nd Violation Taxicab Fines E2 - 3

8.A.d
Packet Pg. 247 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Taxicab Rule Penalty Schedule
702. none
703. none
631. Schedule A–Public Safety or Schedule B-Public Safety 632. Schedule B – Public Safety
701. none
626. Schedule B
627. Schedule B
628. Schedule B
629. Schedule A-Public Safety or Schedule B–Public Safety 630. Schedule C or Schedule D
621. Schedule B
622. Schedule B
623. Schedule A or Schedule B
624. Schedule A–Conduct or Schedule B-Conduct
625. Schedule A–Conduct or Schedule B-Conduct
616. Schedule B
617. Schedule B
618. Schedule B
619. Schedule B
620. Schedule B
611. Schedule A or Schedule B
612. Schedule A–Public Safety or Schedule B-Public Safety 613. Schedule A–Conduct
614. Schedule A or Schedule B
615. Schedule B
607f. Schedule A–Conduct or Schedule B-Conduct
607g. Schedule A or Schedule B
608. Schedule A-Public Safety or Schedule B – Public Safety 609. Schedule A-Public Safety or Schedule B–Public Safety 610. Schedule A or Schedule B
607a. Schedule A or Schedule B
607b. Schedule A or Schedule B
607c. Schedule A or Schedule B
607d. Schedule A–Conduct or Schedule B-Conduct
607e. Schedule A–Conduct or Schedule B-Conduct
602. Schedule B-Public Safety
603. Schedule A-Public Safety or B-Public Safety
604. Schedule A or Schedule B
605. Schedule A-Conduct or Schedule B-Conduct
606. Schedule A-Public Safety or Schedule B – Public Safety 511. none
512. none
513. none
514. none
601. Schedule A or Schedule B
506. Schedule B
507. Schedule B
508. Schedule B-Conduct
509. none
510. none
501. Schedule D
502. Schedule B
503. Schedule A-Conduct or Schedule B-Conduct
504. Schedule B-Conduct
505. Schedule B-Conduct
456b. Schedule A
456c. Schedule A
456d. Schedule C
457. Schedule A
458. Schedule A
452. Schedule A
453. Schedule A
454. Schedule A
455. Schedule A
456a. Schedule A
Taxicab Fines E2 - 4

8.A.d
Packet Pg. 248 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code
Section Description City Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount

3.04.030(a) Beach Parking Lot Permits (Sunset to Sunrise) $50.50 $12.50 $63.00 $63.00

3.04.050(a) Payment of Posted Fee Required-Attendant $50.50 $12.50 $63.00 $63.00

3.04.050(b) Payment of Posted Fee Required-Pay Machine $50.50 $12.50 $63.00 $63.00

3.04.100 Parking Spaces $45.50 $12.50 $58.00 $58.00

3.06.040 Car Share Permit Required $150.50 $12.50 $163.00 $163.00

3.08.110 Preferential Parking $55.50 $12.50 $68.00 $68.00

3.12.270 Disobey Posted Signs $55.50 $12.50 $68.00 $68.00

3.12.380 Parking on Drive Apron/Parkway/Sidewalk $50.50 $12.50 $63.00 $53.00

3.12.730 Green Zone - 15 Minutes $45.50 $12.50 $58.00 $58.00

3.12.740 Yellow Load Zone 7am - 6pm Mon-Sat $45.50 $12.50 $58.00 $58.00

3.12.760 White Zone - Max of 3 Minutes $45.50 $12.50 $58.00 $58.00

3.12.775a Disabled Placard - Use of Lost, Stolen, Revoked or $350.50 $12.50 $363.00 $36.00

3.12.775b Disabled Placard - Not Used For Transport of Person $350.50 $12.50 $363.00 $36.00

3.12.775c Disabled Placard - Use of Counterfeit, Forged, Altered

$350.50 $12.50 $363.00 $36.00

3.12.790(b) Head in Parking $50.50 $12.50 $63.00 $63.00

3.12.820 Block Passage of Vehicle In Alley $55.50 $12.50 $68.00 $68.00

3.12.830 Parking Prohibited in Specified Places $60.50 $12.50 $73.00 $73.00

3.12.840 Overtime Parking $45.50 $12.50 $58.00 $58.00

3.12.845 Street Sweeping $60.50 $12.50 $73.00 $73.00

3.12.850 30 Minute Parking Between 3-5 am $50.50 $12.50 $63.00 $63.00

3.12.860 Oversize Vehicles - 9pm - 6am $60.50 $12.50 $73.00 $73.00

3.12.870 Oversize Commercial Vehicle in Residential Area $65.50 $12.50 $78.00 $78.00

3.12.880 Parking of Trailers $65.50 $12.50 $78.00 $78.00

3.12.890 Vehicle Parked for Advertising $92.50 $12.50 $105.00 $105.00

3.12.910 Wash Car - Street Alley $40.50 $12.50 $53.00 $53.00

3.12.920 Storing/Servicing/Rebuilding - Public Way $80.50 $12.50 $93.00 $93.00

3.12.930 Parking on Private Property w/o Permission $55.50 $12.50 $68.00 $68.00

3.12.950 Parking on Private Unpaved Lot $55.50 $12.50 $68.00 $68.00

3.12.1000 Vehicle Parked on Street for Sale $92.50 $12.50 $105.00 $105.00

3.12.1010 Unattended Vehicle-Keys in Ignition $50.50 $12.50 $63.00 $63.00

3.12.1050 Parked on Front Lawn $55.50 $12.50 $68.00 $68.00

3.16.120 Operating a Parking Meter $50.50 $12.50 $63.00 $63.00

3.16.240 O/T Meter Parking - Past Time Limits $50.50 $12.50 $63.00 $63.00

3.16.241 O/T Lot Parking - Past Time Limit $50.50 $12.50 $63.00 $63.00

3.16.242 Parking without charging at public electric vehicle charging station
$50.50 $12.50 $63.00 $63.00

3.16.250 Expired Meter $50.50 $12.50 $63.00 $63.00

3.16.260 Parking Beyond Meter Space $45.50 $12.50 $58.00 $58.00 Code
Section Description Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
5200 Failure to Display Both Plates1 $25.00 See footnote #1 $25.00 $25.00 Exhibit 3 - Schedule of Civil Penalties for Parking
Violations and for Late Payments

SANTA MONICA MUNICIPAL CODE VIOLATIONS

CALIFORNIA VEHICLE CODE VIOLATIONS
Parking Fines E3 - 1

8.A.d
Packet Pg. 249 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Code
Section Description City Penalty
Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
5201 Positioning of Plates1 $25.00 See footnote #1 $25.00 $25.00 5204 No Current License Plate Tab1 $25.00 See footnote #1 $25.00 $25.00 21113A Illegally Parked on State Property $50.50 $12.50 $63.00 $63.00 21211B Parked in Bike Lane $80.50 $12.50 $93.00 $93.00
22500a Parked in Any Intersection $55.50 $12.50 $68.00 $68.00 22500b Parked in Any Crosswalk $55.50 $12.50 $68.00 $68.00 22500c Parked in Any Safety Zone $55.50 $12.50 $68.00 $68.00 22500d Parked Within 15 feet of Fire Station $55.50 $12.50 $68.00 $68.00 22500e Parked in Front of Private/Public Driveway $55.50 $12.50 $68.00 $68.00 22500f Parked on Sidewalk (except electric carts) $55.50 $12.50 $68.00 $68.00 22500g Parked near Excavation Causing Hazard $55.50 $12.50 $68.00 $68.00 22500h Double Parking $55.50 $12.50 $68.00 $68.00
22500i Parked in Bus Zone $280.50 $12.50 $293.00 $29.00 22500k Parked on Any Bridge $55.50 $12.50 $68.00 $68.00 22500I Stopping/Blocking Disabled Access Ramp $350.50 $12.50 $363.00 $36.00 22500M Bus Lane $280.50 $12.50 $293.00 $29.00
22500.1 Parked in Fire Lane $50.50 $12.50 $63.00 $63.00 22502 Curb Parking $50.50 $12.50 $63.00 $63.00
22502a Parked Within 18" of Curb $50.50 $12.50 $63.00 $63.00 22507.8a Parked in Handicapped Space w/o ID $350.50 $12.50 $363.00 $36.00 22507.8b Blocking Disabled parking $350.50 $12.50 $363.00 $36.00 22507.8c Parked on/in Handicapped Access Area $350.50 $12.50 $363.00 $36.00 22509 Parked on Hill w/o Securing Vehicle $50.50 $12.50 $63.00 $63.00 22514 Parked within 15 Feet of Fire Hydrant $55.50 $12.50 $68.00 $68.00 22515a Vehicle w.o Driver, Engine Running $50.50 $12.50 $63.00 $63.00 22515b Setting Brake/Lock Wheels on Highway $50.50 $12.50 $63.00 $63.00 22516 Vehicle Locked w/o Means to Escape $50.50 $12.50 $63.00 $63.00 22520 Parked on Freeway - Non-Emergency $50.50 $12.50 $63.00 $63.00 22520.5a Vending on or Near Freeways $50.50 $12.50 $63.00 $63.00 22521 Parked Less than 7.5 Feet from RR Track $50.50 $12.50 $63.00 $63.00 22522 Parked Less than 3 Feet from Sidewalk Ramp $350.50 $12.50 $363.00 $36.00 22523a,b Abandon Vehicle on Highway $130.50 $12.50 $143.00 $143.00 22526a Gridlock - In Intersection $80.50 $12.50 $93.00 $93.00 22526b Gridlock - During Turn $80.50 $12.50 $93.00 $93.00 Code
Section Description Penalty Amount
Current
State Fees
Total
Penalty
Late Payment
Penalty Amount
Violation of Any Other Law Regulating the Parking or
Standing of Vehicles
$50.50 $12.50 $63.00 $63.00

UNLISTED PROVISIONS OF THE LAW
1 The $25.00 penalty fee amount includes the $12.50 State Fee. If the violations are corrected within the period of time provided by the California Vehicle Code, the civil penalty shall be reduced to $10.00, and the State fee assessed shall be $5.00.

Parking Fines E3 - 2

8.A.d
Packet Pg. 250 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Fine Description
Police
Second and Third responses within the same fiscal year $164.86 each Fourth and subsequent responses within the same fiscal year $247.28 each Fire
False Alarm Response: Third and subsequent responses at the same location within the same calendar year.
323.52 each
Exhibit 4 - False Alarm Fine Schedule
Fines
False Alarm Fines E4 - 1

8.A.d
Packet Pg. 251 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget) Fine Description Fines
Fines to be assessed per item, per day.

Overdue Adult Book, CD, Audio Book, Periodical $0.25
Overdue Children's Book, CD, Audio Book, Periodical $0.15 Overdue New Adult Book $0.50
Overdue Adult or Children's Video or DVD $1.00
Overdue Interlibrary Loan Material $1.00
Overdue Technology Device, In-House (maximum $5.00) 1.00 (per hour) Overdue Technology Device, Off-Site Loan (maximum $50.00) $5.00 (per day) Processing for Lost or Damaged Items $10.00
(per item plus cost
of item)
Collection Agency Referral $10.00
Maximum Late Fine for Each Overdue Adult Item $10.00
Maximum Late Fine for Each Overdue Children's Item $5.00 Exhibit 5 - Library Fine Schedule
Library Fines E5 - 1

8.A.d
Packet Pg. 252 Attachment: Attachment D - Fines Resolution with exhibits [Revision 1] (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT F
February 8, 2022 Page 1 of 3
Update on Park Planning Priorities
A two-year limited-term Senior Park Planner position was restored with the FY21-23 Biennial Budget aided by one-time American Rescue Plan (ARPA) funds. With the City’s 2020 organizational restructuring, long-term park planning was moved from the former Community and Cultural Services Department (now the Community Services Department) into Community Development (formerly Planning and Community Development). Specifically, the park planning function was moved into the City Planning Division to better align long-range park and open space planning with the City Planning Division’s citywide planning efforts.

After discussion with Community Services and Public Works staff (e.g. Community Recreation, Public Landscape, Architectural Services) involved in maintaining, operating, and improving parks, the following represents the priority work plan for the two-year limited term position:

1. Policy Development & Action Plan – Revisit Parks & Recreation Master Plan Update Through Data Collection and Analysis related to park system and the beach. The Parks and Recreation Master Plan (PRMP) Update will be revisited in order to provide an updated framework for the PRMP in light of new realities (both economic and the way that parks are used) brought about by the COVID-19 pandemic. The intent in revisiting the PRMP is to develop an action plan for the PRMP’s broad vision for parks to guide decision-making. Revisiting the PRMP will involve four major components:
• Park Condition Assessment – This will be done in partnership with Architectural Services staff to assess the physical condition of park infrastructure to create data that will inform how to prioritize the replacement and maintenance of parks infrastructure. o Example of why this is important: There are several playgrounds that are closed because they have been discovered to have reached the end of useful life.

Some are so old that there are no longer replacement parts available to maintain them and therefore must be removed. There are also instances where basketball courts that need resurfacing have been required to be closed due to safety concerns. The lack of understanding of the condition of parks infrastructure hinders the City’s ability to budget and plan for future needs. • Park Use Study – This is a study to gather information on how existing parks and open space are being used and better understand park users’ evolving needs. Based on similar types of park use studies, the study would consist of intercept surveys, entrance counts, and observations. The Senior Park Planner would seek to partner with academic institutions to develop scope and cost of the study to prepare a funding proposal. This study is not funded and part of the effort would include identifying alternative funding sources.
• Internal Assessment of Pandemic Impact on Parks – This assessment would be conducted internally by City staff to understand the financial impacts to the park system due to the COVID-19 emergency that resulted in budget cuts that impacted operation of facilities, eliminated programs, and park maintenance. Throughout the COVID-19 emergency, public parks have taken on new meaning as places of recreation, respite, and enjoyment for the community. This internal assessment would provide opportunity to review information from across the organization on how the role of parks has changed with the pandemic, the new ways that parks are being used, and how to adjust and plan for a new reality of reduced resources.

8.A.f
Packet Pg. 253 Attachment: Attachment F - Update on Park Planning Priorities (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT F
February 8, 2022 Page 2 of 3
• These data collection efforts will inform decisions regarding the park system. Previously, data collection occurred in an ad-hoc manner largely in response to questions or community requests. It is often time-consuming to find data or information is unknown, meaning that decisions could be made without fully understanding long-term impacts on the park system and affected user groups. Data and analysis will also help to develop strategies for complex park amenities (e.g. sports courts, sports fields, dog parks) and formalize a process to evaluate and assess the demand for new and emerging park activities.

2. Provide Guidance for Parks Capital Improvements. New parks improvements that are driven by health and safety concerns is a priority of Community Services, Public Works, and Community Development. While the project management of CIP projects will be led by client divisions (e.g.

Community Recreation, Public Landscape), the park planner will evaluate capital projects within the overall framework of the PRMP and provide guidance to collaborating departments on the proposed park improvements. In this role, the park planner has and will continue to support project initiation, concept development, and feasibility assessment and advise during consultant selection and design phase in order to ensure alignment between improvements and long-term vision. There are some parks capital improvement projects (CIPs) in process that have identified funding (e.g. Douglas Park Playground Reconstruction, Marine Park Community Gardens) and others that are CIP requests to address immediate health and safety concerns. These are projects that already have City funding and were previously in progress but do not include new ideas or projects that would require significant commitment of staff resources and additional funding or partnerships, unless they are necessary to address immediate health and safety concerns.

3. Seek Alternative Funding Sources & Partnerships for More Significant New Parks Improvements. There are a number of projects that were in progress that will need to seek alternative funding sources. The park planner will focus on advising staff who are implementing those projects (e.g. Marine Park Park playground, which is already grant funded) and lead new community engagement efforts (e.g. 19th St lot). This work of identifying grants and partnership opportunities will build from the prioritization of projects resulting from revisiting the PRMP.

4. Support Development of Beach Master Plan/Management Plan. The beach has often been thought of as separate from the park system, but it is the City’s largest open space and vital to the City’s identity and economy. The Senior Park Planner would support the development of a beach master plan/management plan to inform the long-term sustainability of the beach with an emphasis on supporting the overall beach visitor experience in addition to setting a foundation for the 2028 Olympics. This is a collaboration of Community Development and Public Works staff and work is underway on the submittal of a grant funding proposal for a Beach Master Plan/Management Plan.

5. Support post-closure planning efforts for the Santa Monica Airport. The Santa Monica Airport could close after December 31, 2028. Planning for the evolution of the airport’s 227 acres after its closure will be an expansive interdepartmental and community-driven effort. There are significant opportunities for parks and recreation after the closure of the airport that require park planning expertise. The park planner would be a key partner for the Airport to Park conversion. Planning for the conversion of the airport will be a major effort that requires significant staffing and funding resources. Project management of this effort requires the focus

8.A.f
Packet Pg. 254 Attachment: Attachment F - Update on Park Planning Priorities (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT F
February 8, 2022 Page 3 of 3
of a full-time role with the ability to engage and sustain many community voices over a potentially long period of time. However, pending allocation of additional resources, the park planner in collaboration with Architectural Services could take steps to advance the following:
a. Work with Architectural Services to refine a scope of work in preparation for a RFQ to begin designing a community engagement process regarding the conversion of the airport into a park
i. Have the community engagement process be guided by preliminary research on models for conversion of the airport on the airport conversion b. Work with Economic Development to pursue partnerships and alternative funding for construction of the airport park expansion project as a first step towards future airport conversion
c. Collaborate with other departments to identify one-time and ongoing costs for a potential future park based on review and studies of other similar airport conversions This work plan represents a shift away from specific park projects in favor of a more strategic approach to park planning that relies on collecting data and assessing the park system as a whole in order to most efficiently direct limited funding and resources towards the highest priority park improvements.

Prioritization of parks capital improvements would be informed by data and a broad understanding of the tradeoffs and long-term impacts on the park system. Having a framework to prioritize capital improvements also allows the Senior Park Planner to be opportunistic in seeking alternative funding sources for these improvements.

This priority work plan was supported by the Recreation and Parks Commission at their September 23, 2021 meeting.

8.A.f
Packet Pg. 255 Attachment: Attachment F - Update on Park Planning Priorities (4753 : FY 2021-22 Midyear Budget)

ATTACHMENT G
City Department Board/Commission/Task Force Average # of Public Members who attended meetings prior
to COVID
Average # of Public Input received
prior to COVID
Average # of Public Attendees during
COVID
Average #r of Public input received
per virtual meeting
Average # of Written Comments Per
Meeting
Airport Commission 10-12 8-10 3-4 1-2 3-4
40+ for big items
Clean Beaches and Ocean Parcel Tax Citizens Oversight Committee 0 0 0 0 0 Commission on Sustainability, Environmental Justice, and the Environment 5-10 2-4 2-4 1-2 0 Urban Forest Task Force 10 2 16 2 0-1
Arts Commission 0-3 0-2 0-2 0-2 0-2
Commission for the Senior Community 0-3 N/A (No meetings) N/A (No meetings) 0.16 Commission on the Status of Women 0-3 N/A (No meetings) N/A (No meetings) 0.08 Disabilities Commission 0-3 Staff not in attendance; unknown Staff not in attendance; unknown 1 Social Services Commission 6-10 Staff not in attendance; unknown Staff not in attendance; unknown 1 Housing Commission 5-10 4 10 4 2
8-12 for big items
Recreation and Parks Commission 0-5 0-5 0-5 0-5 0-2
Architectural Review Board 5-10 1-2 5 0 2-3
Building and Fire-Life Safety Commission 0-2 0-2 0 0 0-2 Landmarks Commission 10-15 5 10-15 5 10-15
Planning Commission 15-20 9
100+ for big items
17 19 54
400 for big items
Finance Audit Subcommittee 0 0 0 0 0
Human Resources Personnel Board 1-2 1-2 1-2 1-2 0
Library Santa Monica Library Board 0 0 0 0 1
City Manager Public Safety Reform and Oversight Commission Did not exist prior to COVID Did not exist prior to COVID 3-17 3 1 Public Participation at Board and Commission Meetings
In 2019, these commissions heard 112
public comments from 65 unique
speakers. Average of 2 comments per
meeting.

Public Works
Community Services
Community Development

8.A.g
Packet Pg. 256 Attachment: Attachment G - Public Participation at Meetings (4753 : FY 2021-22 Midyear Budget) - 1 -
Contract No. 10929(CCS)

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”) and MOSS ADAMS LLP (“MOSS ADAMS LLP”), 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. MOSS ADAMS LLP is qualified to do business, and is doing business, in the State of California. MOSS ADAMS LLP represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. The City and MOSS ADAMS LLP now desire to enter into an agreement for MOSS ADAMS LLP 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.

1.1 Initial Term. The initial term of this Agreement (the “Initial Term”) shall begin on the Execution Date and terminate one year after the Execution Date, unless sooner terminated in accordance with Section 14.

1.2 Options to Extend. The City has four options to renew, on the mutual agreement of the City and MOSS ADAMS LLP, to extend the term of this Agreement on all the same terms and conditions, for additional one-year periods (each, an “Extension Term”). Each option to renew (each, a “Letter Renewal”) shall be administratively exercised by letter correspondence.

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

3. City Services. The City agrees to:

3.1 Make available to MOSS ADAMS LLP 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.

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3 10/9/2019

8.A.h
Packet Pg. 257 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) - 2 -

3.3 Promptly examine and render findings on all documents submitted for staff review by MOSS ADAMS LLP.

4. Compensation. The City will compensate MOSS ADAMS LLP for the Services performed during the Initial Term in an amount not to exceed $150,000, as set forth in Exhibit B. The total amount of compensation for Services performed during the initial Term and all Extension Terms (if any) shall not exceed $750,000, as set forth in Exhibit B.

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

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

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

Administration Finance Department
City of Santa Monica
1717 4th Street Suite 250
Santa Monica, California 90401
Attention: Gigi Decavalles-Hughes
Re: Contract No. 10909
with a copy to:

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

6.2 All notices, demands, requests or approvals to MOSS ADAMS LLP:

MOSS ADAMS LLP
999 Third Avenue Suite 2800
Seattle, WA 98104, USA
Attention: Mark Sterenka
Tel: 206-302-6409
Re: Contract No. 10909
With a copy to: General Counsel, at the same address.

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.

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 258 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) - 3 -
Neither the City nor its officers or employees will have any control over the conduct of MOSS ADAMS LLP or any of MOSS ADAMS LLP’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

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

This Agreement may be modified only by written agreement signed by City and MOSS ADAMS LLP and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, MOSS ADAMS LLP 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 MOSS ADAMS LLP or MOSS ADAMS LLP’s agents, representatives, employees or subconsultants for the duration of this Agreement. MOSS ADAMS LLP must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Indemnification. As to MOSS ADAMS LLP’s Services produced under this Agreement, MOSS ADAMS LLP 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”) to the extent caused by or claimed to be caused by the acts, errors and/or omissions of MOSS ADAMS LLP, or MOSS ADAMS LLP’s employees, agents, officers, and subconsultants. Notwithstanding the foregoing or anything to the contrary in this Agreement, and solely with respect to claims related to the rendering of professional services under this contract, MOSS ADAMS LLP’s obligations set forth above shall only apply to the extent the Losses arise or result from the negligent acts, errors, or omissions of MOSS ADAMS LLP, its employees or agents. Notwithstanding MOSS ADAMS LLP’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from MOSS ADAMS LLP, if City chooses to do so, to the extent MOSS ADAMS LLP fails to conduct a defense as set forth above.

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

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 259 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) - 4 -

11. Prohibition Against Transfers.

11.1 MOSS ADAMS LLP 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 MOSS ADAMS LLP or of any general partner or joint venturer or syndicate member of MOSS ADAMS LLP, if a partnership or joint venture or syndicate exists, which results in changing the control of MOSS ADAMS LLP, will be construed as an assignment of this Agreement.

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

12. Permits and Licenses. MOSS ADAMS LLP, 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 MOSS ADAMS LLP 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 MOSS ADAMS LLP.

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 MOSS ADAMS LLP.

Upon termination of this Agreement pursuant to this Section 14.2, City will pay MOSS ADAMS LLP any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. MOSS ADAMS LLP 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. MOSS ADAMS LLP 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. MOSS ADAMS LLP may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 260 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) - 5 -

18. Records.

18.1 MOSS ADAMS LLP 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. MOSS ADAMS LLP 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 MOSS ADAMS LLP must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. MOSS ADAMS LLP must clearly identify all records and make them readily accessible to the City. At the City’s request, MOSS ADAMS LLP must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records, provided such access does not violate any applicable license terms.

18.3 MOSS ADAMS LLP must allow the City to have free access to MOSS ADAMS LLP’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 MOSS ADAMS LLP’s records, and MOSS ADAMS LLP agrees to cooperate with any examination or audit of its records. MOSS ADAMS LLP agrees to pay the amount of any undisputed overcharge.

19. Work Product; Reports.

19.1 Any final reports and other completed deliverables prepared or caused to be prepared by MOSS ADAMS LLP or any subconsultant for this Agreement and provided to the City, excluding any MOSS ADAMS LLP Material (defined below) contained or embodied therein will be the exclusive property of City.

No work product given to or prepared by MOSS ADAMS LLP or any subconsultant pursuant to this Agreement may be made available to any individual or organization by MOSS ADAMS LLP without prior written approval by City. MOSS ADAMS LLP shall own: (i) its working papers and any engagement documentation; and (ii) any accounting-related general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, materials or other intellectual property or information which may have been discovered, created, received, develop or derived by MOSS ADAMS LLP either prior to or as a result of providing services under the Agreement (collectively, “MOSS ADAMS LLP Materials”). The City shall have a non-exclusive, nontransferable license to use MOSS ADAMS LLP Materials for its own internal use and only for the purposes for which they are delivered to the extent they form part of a final report or deliverable. Notwithstanding anything to the contrary of this Agreement, MOSS ADAMS LLP and its personnel are free to use and employ their general skills, know-how, and expertise, and to use, DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 261 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) - 6 -
disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of this Agreement so long as they acquire and apply such information without any unauthorized use or disclosure of confidential or proprietary information of City.

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

20. Standard of Care. MOSS ADAMS LLP 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 MOSS ADAMS LLP’s profession currently practicing in the same locality under similar conditions.

21. Subconsultants.

21.1 If MOSS ADAMS LLP proposes to have any subconsultant perform any part of the Services, MOSS ADAMS LLP 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 MOSS ADAMS LLP will be responsible for the quality of any subconsultant’s work. Every subcontract or agreement of any kind entered into between MOSS ADAMS LLP 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. 10929 (CCS) entered into between the City of Santa Monica and MOSS ADAMS LLP
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 MOSS ADAMS LLP agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

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

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3 10/9/2019

8.A.h
Packet Pg. 262 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) - 7 -

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager

MOSS ADAMS LLP
#VENDOR
By: ________________________________
DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3 City Attorney
10/8/2019
Lane Dilg
10/8/2019
Mark Steranka
Moss Adams LLP
Partner
10/9/2019
City Manager
Rick Cole
City Clerk
Denise Anderson-Warren
10/9/2019

8.A.h
Packet Pg. 263 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) Exhibit A
Scope of Services
Moss Adams LLP will provide internal audit services and agreed upon procedures in accordance with applicable industry standards including, but not limited to, those established by the Institute of Internal Auditors (IIA) and the American Institute of CPAs (AICPA). These services include, but are not limited to:
 Risk assessments. Advice and consultation on the design, preparation and compilation of risk assessments. Upon request, prepare, coordinate, and perform the identified risk assessment(s).
 Audit plan. Develop an annual audit schedule in coordination with the City Manager and City management, with the advice of the Audit Subcommittee of the City Council.
 Audits. Perform internal audits and produce audit reports, findings and recommendations. Topic areas include operational audits, internal control reviews, audits designed to detect fraud or malfeasance, revenue enhancement audits, and special audits as directed by the City Manager.  Consultation and guidance. Within audit independence standards, consult with and advise staff in developing responses to audit findings.  Monitoring and reporting. Monitor recommended corrective actions and report to stakeholders, including the City Manager, staff, the Audit Subcommittee of the City Council, and the City Council.
 Presentation and communication. Communicate recommendations and conclusions to stakeholders.

Moss Adams LLP will ensure these services will be performed by staff that is fully qualified and with the appropriate experience (not just junior staff). Upon request, partners or managers will be available during City Council meetings to discuss the progress of audits, reports and any recommendations.

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 264 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) Exhibit B
Budget
Contractor shall provide the services described in Exhibit A pursuant to the pricing schedule below and in an amount not to exceed $150,000 in year one of the contract, and $150,000 per year for any renewal options exercised, for a total not to exceed of $750,000 over five years, contingent on Council budget approval.

Services will be provided based on the hourly rates below for each level staff to be assigned to any engagement and are inclusive of all fringe benefits, indirect costs, profit, etc.

Title Hourly Rate
Partner $300-$350
Director $300-$350
Senior Manager $250-$300
Manager $225-$250
Senior $200-$225
Staff $150-$200
Expenses include out-of-pocket costs for travel (i.e. airfare, lodging, auto expenses, parking, and meals).

Projects will be coordinated with City Staff and all project costs will be based on the hourly rates shown above and will be subject to budget appropriation. Project costs may not exceed initial project estimates without receiving prior approval by the City Manager’s office. Any project cost overages incurred without prior approval might not be reimbursed at the City’s discretion.

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 265 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) Exhibit C
Professional Services Agreement Insurance Requirements – Template 1 Professional Liability Insurance Required
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.

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 DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 266 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) 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 as required under each respective policy. Consultant shall promptly notify the City of Santa Monica with a new certificate of insurance reflecting replacement coverage that meets the requirements of this Exhibit C.
d. Waiver of Subrogation (all policies except Professional Liability): 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.

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:

DocuSign Envelope ID: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 267 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) 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 copies of all required insurance policies (except declarations pages for Professional Liability), 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: ADACBD43-9561-42DA-817E-F90C876EABE3

8.A.h
Packet Pg. 268 Attachment: Attachment H - Moss Adams Original Agreement (4753 : FY 2021-22 Midyear Budget) 1 FIRST MODIFICATION OF AGREEMENT NO. 10929 (CCS)
This First Modification of Agreement Number 10929 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and MOSS ADAMS LLP (“MOSS ADAMS LLP”) is made with reference to the following:

RECITALS
A. On or about October 9, 2019, the City and MOSS ADAMS LLP entered into Agreement Number 10929 (CCS) for internal audit services (“Original Agreement”).

B. The City and MOSS ADAMS LLP desire to modify the Original Agreement to increase the contract authority for the first year from $150,000 to $241,000 to reflect a correction for an additional 3 months of work during the initial year of the contract and additional review of non-General Fund functions.

C. On August 25, 2020, City Council approved a modification of the Original Agreement to increase the first-year authority from $150,000 to $241,000.

D. The City and MOSS ADAMS LLP desire to modify the Original Agreement to decrease the not to exceed annual contract authority for the second through third years of the contract from $150,000 to $75,000, and maintain the not to exceed annual authority of up to $150,000 for years four and five.

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

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

Compensation. The City will compensate MOSS ADAMS LLP for the Additional Services in an amount not to exceed $241,000, as set forth in Exhibit B-1. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed $691,000.

2. Exhibit B-1 is attached hereto and incorporated herein by this reference. Exhibit B-1 supersedes and replaces Exhibit B in the Original Agreement. As such, all references to Exhibit B in the Original Agreement shall be deemed to reference Exhibit B-1.

3. 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: C451C23F-4C21-4EFF-84BD-C16CA2E983A7 10/4/2020

8.A.i
Packet Pg. 269 Attachment: Attachment I - Moss Adams First Modification (4753 : FY 2021-22 Midyear Budget) 2 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:
______________________________
GEORGE S. CARDONA
Interim City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
Lane Dilg
Interim City Manager
Moss Adams LLP
By: _______________________________
Mark Steranka
Partner
DocuSign Envelope ID: C451C23F-4C21-4EFF-84BD-C16CA2E983A7 10/2/2020
10/2/2020
10/5/2020 10/4/2020

8.A.i
Packet Pg. 270 Attachment: Attachment I - Moss Adams First Modification (4753 : FY 2021-22 Midyear Budget) 3 Exhibit B-1
Revised Budget
Contractor shall provide the services described in Exhibit A of the Original Agreement pursuant to the pricing schedule below and in an amount not to exceed $241,000 in year one of the contract, $75,000 per year for any renewal options exercised in year two and three, and $150,000 per year for any renewal options exercised in year four and five, for a total not to exceed of $691,000 over five years, contingent on Council budget approval.

Services will be provided based on the hourly rates below for each level staff to be assigned to any engagement and are inclusive of all fringe benefits, indirect costs, profit, etc.

DocuSign Envelope ID: C451C23F-4C21-4EFF-84BD-C16CA2E983A7

8.A.i
Packet Pg. 271 Attachment: Attachment I - Moss Adams First Modification (4753 : FY 2021-22 Midyear Budget) 1 Vernice Hankins
From: Peter DiChellis <[email protected]>
Sent: Monday, February 7, 2022 4:05 PM
To: councilmtgitems; Attorney Mailbox; Ramon Batista; POA Subject: Agenda Item 8A - Budget Priorities

EXTERNAL
As a long‐time resident of Santa Monica, I strongly support substantial additional funding for police and for criminal prosecution by the City Attorney’s office (which is desperately needed to to policy failure at the County level ‐‐ see below).

Those who live and work in Santa Monica are forced to endure far too much criminal activity. SM budget cuts and budget allocations have worsened this, including by allowing violent repeat offenders to commit crime after crime, which puts citizens and arresting SMPD officers at risk. In a previous email, I provided recent examples, which I have copied and pasted below.

It is long past time to substantially increase anti‐crime funding, including prosecuting and jailing violent and repeat misdemeanor offenders. To protect those who live and work in Santa Monica, increase funding now. Take repeat offenders off the streets.

Peter DiChellis
951 ‐16th St., #4 ‐ 90403
310.453.6559
*****
Recent examples (based on news reports and publicly available law enforcement documents; names withheld):
1) On January 16, an individual was arrested for Assault/Elder Abuse in Santa Monica after being cited and released by the County for a separate offense the day before. Despite other previous arrests, including for Great Bodily Injury Assault, the County cited and released him again the day after his 1‐16 Santa Monica arrest for Assault/Elder Abuse. 2) On January 21, a different individual was arrested in Santa Monica for Unlawful Use/Possession of Tear Gas. This was after being cited and released by the County in November for an Elder Abuse Assault in Santa Monica. 3) On January 23, an individual was arrested in Santa Monica for Making Violent/Criminal Threats. He was cited and released by the County two days later, despite a November Santa Monica arrest for using a knife to slash tires in a parking structure (Vandalism) and a previous Great Bodily Injury Assault arrest. 4) On January 28, an individual was arrested in Santa Monica for Arson of an Inhabited Building. This was after being cited and released by the County in December for Brandishing an Imitation Firearm in a Threatening Manner in Santa Monica.
‐END‐
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Packet Pg. 272 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 1 Vernice Hankins
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, February 8, 2022 11:31 AM
To: Sue Himmelrich; Kristin McCowan; [email protected]; Oscar de la Torre; Lana Negrete; Gleam Davis; councilmtgitems
Cc: David White; Susan Cline; Anuj Gupta
Subject: City Cnl. Mtg. 2/8/22 - Item 8A - Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions - NEED FOR PROPORTIONAL FUNDING BY # of RESIDENCES FOR

NEIGHBORHOOD NEWSLETTER

EXTERNAL
Mayor Himmelrich and City Council Members,
BACKGROUND: As described by the LUCE, we are a city of neighborhoods. Historically, the city has generously produced an annual newsletter for each city‐sanctioned neighborhood. Lisa Parson, Special Assistant to the City Manager ‐ Equity and Community Recovery, reporting to Anuj Gupta, Deputy City Manager, has indicated in a January 27th email that each neighborhood is being offered via a new application (which we have not seen yet) the addresses for our neighborhood and a $7,000 grant fund.

ISSUE: The various neighborhoods have different populations and the $7,000 will not cover the ability of the most populous neighborhood, Wilshire Montana Neighborhood Coalition (Wilmont) to produce and mail a newsletter to each residence. Based on preliminary estimate from a local printer, the cost for a generating and mailing a newsletter is $1.00 ‐ $1.25 per newsletter. Wilmont is estimated to have 23,000 residents with an estimate of 10,000 residences in the neighborhood. The fixed grant of $7,000 will not be enough to cover the variable cost of $10,000 to $12,500 for the 10,000 Wilmont residences. Other neighborhoods have fewer residents. I strongly believe that direct mail is the best approach to reach and communicate with the broadest spectrum of residents. They can them become aware and if they choose, active in their neighborhood group. Not everyone will be able to use Venmo and a QR code to access membership in their local neighborhood group.

SOLUTION: Lisa Parson has pointed out to neighborhoods that some cities e.g., Mountainview, CA does proportional funding and uses a simple formula based on the number of residents in a given neighborhood, instead of giving an equal amount to each organization regardless of size. I would request that the city move forward on a more equitable approach to funding the neighborhood newsletters. Since we are now managing the generation and mailing of them vs. the city, the variable costs based on residences are significant between neighborhoods.

CALL TO ACTION: I appreciate the efforts of the city and believe that this is a more equitable choice and will continue to support Santa Monica as a city of neighborhoods. Please update the midyear budget to include a proportional funding approach for the neighborhoods' newsletter production and mailing process.

Thank‐you,
Elizabeth Van Denburgh
Wilmont Chair
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Packet Pg. 273 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 1 Vernice Hankins
From: Stacy Dalgleish <[email protected]>
Sent: Tuesday, February 8, 2022 11:59 AM
To: Elizabeth Van Denburgh; Sue Himmelrich; Kristin McCowan; [email protected]; Oscar de la Torre; Lana Negrete; Gleam Davis; councilmtgitems Cc: David White; Susan Cline; Anuj Gupta
Subject: Re: City Cnl. Mtg. 2/8/22 - Item 8A - Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions - NEED FOR PROPORTIONAL FUNDING BY # of RESIDENCES FOR

NEIGHBORHOOD NEWSLETTER

EXTERNAL
Thank you Elizabeth.

Dear Mayor Himmelrich and City Council Members,
I support this option.

Stacy
Stacy Dalgleish
Santa Monica Mid City Neighbors
On Feb 8, 2022, at 11:30 AM, Elizabeth Van Denburgh <[email protected]> wrote:

Mayor Himmelrich and City Council Members,
BACKGROUND: As described by the LUCE, we are a city of neighborhoods. Historically, the city has generously produced an annual newsletter for each city‐sanctioned neighborhood. Lisa Parson, Special Assistant to the City Manager ‐ Equity and Community Recovery, reporting to Anuj Gupta, Deputy City Manager, has indicated in a January 27th email that each neighborhood is being offered via a new application (which we have not seen yet) the addresses for our neighborhood and a $7,000 grant fund.

8.A.j
Packet Pg. 274 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 2 newsletters. Since we are now managing the generation and mailing of them vs. the city, the variable costs based on residences are significant between neighborhoods.

Thank‐you,
Elizabeth Van Denburgh
Wilmont Chair
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Packet Pg. 275 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) February 8, 2022
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Item 8.A – Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions
Dear Mayor and Council Members,
As you begin your discussion of the City’s finances tonight, we first wanted to thank you for your efforts around public safety, especially at the Pier.

The new Pier Task Force immediately addressed the public safety concerns for our guests, workers, and permitted vendors. The collaboration across departments and with the County Department of Public Health has been an incredible success. A big thank you and tremendous appreciation to the individual task force members. We believe the team comprised of police and fire departments, code enforcement and public works personnel should be permanently assigned to pier and beach areas moving forward. It is imperative the City continues to fund permanent personnel for this task force.

As a working group of residents, and business owners/operators, our number one priority is to protect our most valuable assets and guest experiences in the City. That includes ensuring the Pier, beaches and surrounding neighborhoods are safe.

We understand the Santa Monica Police Department is long overdue for an updated staffing plan. Ongoing staffing needs for SMPD include 13 more public safety officers, 11 more peace officers downtown, and 7 more officers assigned to the Homeless Liaison Program. Also critical to the success of the police department is the resumption of funding for the cadet program. We urge you to direct staff to craft a budget with these allocations to the police department. Finally, any planned staffing eliminations to public safety divisions that would negatively impact the continuation of these efforts should be immediately reversed.

We understand you have many challenging decisions to make tonight and over the next few months regarding the City budget. We believe our collective financial stability hinges on a safe and clean city that welcomes visitors and allows local business people to thrive in a fair and equitable economy.

We look forward to an ongoing dialogue with you about our City’s future.

Sincerely,
Laurel Rosen Michael Ricks
President/CEO 2021-22 Board Chair
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Packet Pg. 276 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) Business Strike Team Members
Greg Morena Len Lanzi
Co-Chair Co-Chair
Judy Abdo, resident
Pam O’Connor, resident
And representatives of the following:

Downtown Santa Monica, Inc.

Fairmont Miramar Hotel & Bungalows
Main Street Business Improvement Association
Montana Avenue Merchants Association
Macerich/Santa Monica Place
Pacific Park on the Santa Monica Pier
Santa Monica Firefighters, Local 1109
Santa Monica Peace Officers Association
Santa Monica Pier Lessees Association
Santa Monica Pier Corporation
Santa Monica Travel & Tourism
The Independence
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Packet Pg. 277 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 1 Vernice Hankins
From: Denise Anderson-Warren
Sent: Tuesday, February 8, 2022 12:24 PM
To: councilmtgitems
Subject: Fwd: Budget Excess & Master Plan
Please process as an add‐to for 8.A
From: Ron Goldman <[email protected]>
Sent: Tuesday, February 8, 2022 12:21:53 PM
To: David White <[email protected]>; Gleam Davis <[email protected]>; Phil Brock <[email protected]>; Christine Parra <[email protected]>; Lana Negrete <[email protected]>; Sue Himmelrich <[email protected]>; Kristin McCowan <[email protected]>; Oscar de la Torre <[email protected]> Cc: Denise Anderson‐Warren <Denise.Anderson‐[email protected]> Subject: Budget Excess & Master Plan

EXTERNAL
Dear Mayor, Councilmembers, and City Manager,

I read with interest in yesterdays’ Santa Monica Daily Press about a $30.7million budget excess, and there was to be some discussion in that regard at tonight’s council meeting. I understand that the budget for this year has been established, however with this addition, I would hope that you could find $2‐2.5 million dollars (6‐8% of the $30.7 mill) to hire a private consultant to do a G.I.S. (Geographic Information System) master plan over the next 2 years without taking virtually any staff or council time. Avoiding the very serious problems that ad hoc development is creating for the city, it is imperative that you do away with all this piecemeal planning and have a data‐driven plan that can readily be modified, adapted to changing tourism, infrastructure, etc., etc., to avoid the horrific and “piecemeal” process ruining Santa Monica’s beachfront garden environment. Understanding the state mandates of the housing element, this study could also include a range of revisions to the zoning code which would provide incentives for better design and development without infringing on state requirements. Time is not on Santa Monica’s side and to postpone doing this would be absolute negligence on your part.

Mayor and Council, there is absolutely no excuse for not standing up for your residents and your city.

Here’s hoping,
Ron Goldman FAIA
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Packet Pg. 278 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) February 8, 2022
Santa Monica City Council
City Hall
1685 Main Street, Room 209
Santa Monica, CA 90401
RE: Audit Subcommittee Review of Homeless Services Delivery in the City of Santa Monica by Moss Adams
Dear Mayor Himmelrich and City Councilmembers,
The Social Service Commission generally supports external audits of City programs, however, we felt compelled to weigh in on the Moss Adams proposal, voted on by the Audit Subcommittee, due to the scope of the audit.

While Moss Adams has proven to be a trusted partner, we feel that the scope of the audit is too broad and will not be capable of a truly detailed analysis within the complexity of the City of Santa Monica’s homeless services. While the scope of work devotes time to an analysis of the multijurisdictional ecosystem that serves our unhoused population, we urge Moss Adams to focus attention on identifying the unmet needs and gaps in care that city staff and City Councilmembers can directly address and remedy.

The Social Service Commission would also like to point out that the Human Services Grants Program has remained at the same funding level since 2015, with significant cuts during COVID-19. This despite massive rising need as the city’s homeless population increased, rent skyrocketed, and protections for renters slowly eroded away. The Social Service Commission recommends:
• Increasing the funding to the Human Services Grant Program • Create a new category inviting applications for innovative pilot programs to address unmet needs with a promise of long-term funding if they can show positive outcomes.
• Pursue, create, and support capital initiatives beyond the HSGP, particularly developing supportive housing and providing quality, local psychiatric facilities, staffing, and beds.

An audit is a wonderful tool in the hands of dedicated policy makers to inform the discussion, not define it. We urge the Audit Subcommittee and Moss Adams to scale down the scope and help the City uncover unmet needs or gaps in services that can be solved.

Sincerely,
The Santa Monica Social Services Commission
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Packet Pg. 279 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 1 Vernice Hankins
From: Ellen Hannan <[email protected]>
Sent: Tuesday, February 8, 2022 3:07 PM
To: Elizabeth Van Denburgh
Cc: Sue Himmelrich; Kristin McCowan; [email protected]; Oscar de la Torre; Lana Negrete; Gleam Davis; councilmtgitems; David White; Susan Cline; Anuj Gupta Subject: Re: City Cnl. Mtg. 2/8/22 - Item 8A - Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions - NEED FOR PROPORTIONAL FUNDING BY # of RESIDENCES FOR

NEIGHBORHOOD NEWSLETTER

EXTERNAL
Thank you. Great letter.

Ellen
On Tue, Feb 8, 2022 at 11:30 AM Elizabeth Van Denburgh <[email protected]> wrote:

Thank‐you,
Elizabeth Van Denburgh
Wilmont Chair
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Packet Pg. 280 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 2 Item 8.A
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Packet Pg. 281 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 1 Vernice Hankins
From: [email protected]
Sent: Tuesday, February 8, 2022 3:32 PM
To: [email protected]; Sue Himmelrich; Kristin McCowan; [email protected]; Oscar de la Torre; Lana Negrete; Gleam Davis; councilmtgitems Cc: David White; Susan Cline; Anuj Gupta; [email protected] Subject: City Council 2/8/22 - Item 8A - Midyear Budget - proportional funding for grants for neighborhood organizations

EXTERNAL
To: Mayor Himmelrich and City Council members

From: Zina Josephs

RE: 2/8/22 agenda item 8-A -- Midyear Budget

Speaking only for myself, I support the letter below from Wilmont Chair Elizabeth Van Denburgh.

However, if you go forward with her suggestion, which I hope you will, the City needs to increase the total amount set aside for these neighborhood grants by the few thousand dollars needed to provide equity for Wilmont, rather than decrease the amount of the grants offered to the neighborhoods with smaller populations.

For example, we seem to have a increasing amount of movement among residents in Sunset Park, with some moving to Venice, Marina Del Rey, Topanga Canyon, Colorado, Idaho, Washington state, etc., and others just moving to different homes or apartments within the neighborhood.

The annual mailing is how we reach residents new to the neighborhood and let them know that there IS a neighborhood organization. Whether they choose to join is then up to them.

And just a reminder that, even with the reduction in revenue due to the pandemic, the City of Los Angeles is still spending more the $3 million per year funding its neighborhood councils.

Thank you for your consideration.

Zina Josephs

*********************************************************************************************************** In a message dated 2/8/2022 11:37:25 AM Pacific Standard Time, [email protected] writes:

Mayor Himmelrich and City Council Members,

BACKGROUND: As described by the LUCE, we are a city of neighborhoods. Historically, the city has generously produced an annual newsletter for each city‐sanctioned neighborhood. Lisa Parson, Special Assistant to the City Manager ‐ Equity and Community Recovery, reporting to Anuj Gupta, Deputy City Manager, has indicated in a January 27th email that each neighborhood is being offered via a new application (which we have not seen yet) the addresses for our neighborhood and a $7,000 grant fund.

8.A.j
Packet Pg. 282 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) 2 newsletter to each residence. Based on preliminary estimate from a local printer, the cost for a generating and mailing a newsletter is $1.00 ‐ $1.25 per newsletter. Wilmont is estimated to have 23,000 residents with an estimate of 10,000 residences in the neighborhood. The fixed grant of $7,000 will not be enough to cover the variable cost of $10,000 to $12,500 for the 10,000 Wilmont residences. Other neighborhoods have fewer residents. I strongly believe that direct mail is the best approach to reach and communicate with the broadest spectrum of residents. They can them become aware and if they choose, active in their neighborhood group. Not everyone will be able to use Venmo and a QR code to access membership in their local neighborhood group.

Thank‐you,
Elizabeth Van Denburgh
Wilmont Chair

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Packet Pg. 283 Attachment: Written Comment [Revision 1] (4753 : FY 2021-22 Midyear Budget) City Council – February 8, 2022
Five-Year Financial Forecast and FY 2021-22 Midyear Budget

8.A.k
Packet Pg. 284 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) The City’s Biennial Budget Timeline
June
• Budget
Adoption and
Public Hearing
October
• Staff reports on
prior-year
year-end budget
performance
February
• Staff reports on midyear
budget performance,
updated forecast
•Departments work on
operating budget and
biennial CIP budget
submittals
March/April
• Department budget
meetings with City
Manager for decisions
May
• Proposed Biennial CIP
Budget document
available to the Public
• Proposed Budget
Presented to City
Council – Study
Sessions for feedback
June
• Budget
Adoption and
Public Hearing

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Packet Pg. 285 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) High Degree of Volatility and Uncertainty Looking Ahead

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Packet Pg. 286 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Ongoing Challenges: General Fund Revenues Still Lagging • Lost $188M in revenues
through June 2022
• Reserves helped
support services short
term
• Revenues exceed prepandemic levels in 2024-
25 but...
• Big gap remains to
reach revenue level that
sustained pre-COVID
era services

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Packet Pg. 287 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Ongoing Challenges – Rebuild Reserve Level
• 59% of pre-COVID levels
• $10M to reach 15%
contingency threshold
• Over $60M to pre-COVID
levels
• Provide financial stability,
cushion against financial
shocks
5 59%

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Packet Pg. 288 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Ongoing Challenges – Restore Services and Programs
Service Reductions Continue
• 421.1 total positions cut
• To date 16.6% (~70)
added back
• Still at 85% of previous
staffing
• Library, Public
Landscape,
Maintenance, Youth
Programs, others still not
restored
6 8.A.k
Packet Pg. 289 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Services Still Not Restored
7 8.A.k
Packet Pg. 290 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Ongoing Challenges: Capital Needs Remain Unfunded
Capital needs unmet
• ~50% of need
• Deferred maintenance
is unsustainable
• Community priorities
remain unfunded

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Packet Pg. 291 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) CIP – Projects Needing Funding (Not Comprehensive)
De-Funded Projects
• Memorial Park Expansion
• City Yards Modernization
• Lincoln Neighborhood Corridor
Streetscape
• Olympic Blvd/Sidewalk
Improvements
• Playground Reconstruction
• Street Light Upgrades
• Vehicle and Computer
Replacement
Unfunded Projects
• Airport Park Expansion
• Airport Park Conversion
Planning
• Memorial Park Phases 2-3
• Fire Station 7
• Parking Structure 1 Seismic
Retrofitting
9 Estimated at
$300M ++

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Packet Pg. 292 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Included...
• New revenue and expenditure
projections; MY adjustments
• $11m of FY 21-22 surplus set aside
to build reserves
• 15% contingency reserves
gradually restored
• CIP budget restored in FY 25-
26; $4m more starting FY 26-27
• Paying deferred GSH for
Affordable Housing
• Resuming expedited unfunded
pension liability paydown
Five Year General Fund Forecast

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Packet Pg. 293 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Five Year General Fund Forecast - Worst Case Comparison Worst case assumptions
• Slower economic recovery
impacting business license
revenue
• COVID surges inhibit FY 21-
22 sales, hotel tax recovery
and impact future growth
• Assessed value of properties
moderates
• Non-salary expenditures
grow to reflect inflation
• Underperformance of
CalPERS retirement portfolio

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Packet Pg. 294 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Upcoming FY 2022-23 Proposals:

Targeted Service and Program Restorations
• Addressing homelessness and impacts of homelessness
• Addressing crime and cleanliness
o Sidewalk vending and impacts of sidewalk vending
o Crime and cleanliness in the Downtown
o Crime and cleanliness in other areas/neighborhoods
• Addressing the impacts of COVID and furthering economic recovery
• Enhancing in-person municipal services
• Furthering community legislative mandates
• Equity and inclusion is embedded into all proposals
12 8.A.k
Packet Pg. 295 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Other Funds (non-General Fund)
With the exceptions noted below, all City funds are projected to remain self-sustaining throughout the updated forecast period • The RRR Fund will require an evaluation of solid waste rates to remain solvent beyond FY 2023-24
• The Beach and Pier Funds may need additional subsidies to offset revenue losses and support critical capital expenditures 13 8.A.k
Packet Pg. 296 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) + $9.2m Sales Tax
+ $0.3m Property Tax
+ $2.7m Documentary Transfer Tax
+ $1.5m Utility Users Tax
- $0.3m Business License Tax
- $0.3m Investment Income
+ $13.6m Transient Occupancy
(Hotel) Tax
+ $3m Parking-Related Revenue
+ $0.9m Fees/Charges/Other
FY 2021-22 Midyear Revenue Adjustment – General Fund
$30.7 Million Net Increase

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Packet Pg. 297 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) General Fund Uses: Expenditures and Commitments
Beginning with $30.7M
15 Midyear Budget Adjustments to
Restore and Enhance Services
6%
Revenue Sharing
Commitments
11%
Midyear Budget
Adjustments based on
Council Actions
11%
Year End Budget Adjustments
4%
Resources for Known Liabilities -
PERS Increases, COVID Costs, Rainy
Day Adjustment
32%
Proposed Set Aside
of $11M in Reserves
36%

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Packet Pg. 298 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) FY 2021-22 Midyear Expenditure Changes – General Fund
Adjustments to Restore and
Enhance Services and
strengthen administrative
capacity to deliver services
• 20 Permanent FTEs
• 4.8 Temporary FTEs
• Total $1.8 million
Council direction or actions
taken since the FY 2021-22
Budget adoption
• $54.9 million Majority for
legal settlement
• $3.4 million Other
Adjustments for revenuesharing payments and
based on new information
• Total $3.5 million
Impact:

Net 24.8 FTE
Net $63.6 million Budget Increase

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Packet Pg. 299 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) FY 2021-22 Midyear Adjustments – Other Funds
Revenues
• RRR -$1.2M
• Water -$1.2M
• Wastewater -$0.8M
• Beach & Pier -$1.1M
• Vehicle Management +$0.9M
• Housing +$1.0M
• BBB +$28.3M
• Self Insurance Comprehensive +$54.9M
• Other Funds net +$0.28M
Expenditures
• Water +$0.8M
• Housing +$0.6M
• Beach +$0.2M, FTE +2.3 (As-Needed)
• RRR -$1.0M, FTE +1.0
• Special Revenue Source -$8.1M
• Other Funds net +$0.5M, FTE +4.0
• Capital +$0.7M
$81 million Net Increase $6.1 million Net Reduction, FTE + 7.3

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Packet Pg. 300 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) City Council
Service Restoration / Enhancement
• Enhance administrative support to Councilmembers and the Mayor and increase capacity for legislative advocacy and pursuit of grant funds
• 1.0 FTE permanent position
18 8.A.k
Packet Pg. 301 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) City Manager’s Office
Service Restoration / Enhancement
• Staff City Hall and City Hall East reception counters to assist customers and respond to community service requests
• Lead Equity and Inclusion team to institute policies, programs and services to advance equity and inclusion citywide
• 2.0 FTE permanent positions
19 8.A.k
Packet Pg. 302 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) City Attorney
Service Restoration / Enhancement
• Enhance executive, administrative and paralegal
support and assistance to the City Attorney, Chief of
Staff/Assistant City Attorney and Deputy City Attorneys • 1.0 FTE permanent position
20 8.A.k
Packet Pg. 303 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Community Development
Service Restoration / Enhancement
• Enhance customer support for the Seismic Retrofit Program • Build capacity for planning and policy work
• Enhance customer service, administrative support, and financial and budget analysis department wide
• 2.0 FTE permanent positions
21 8.A.k
Packet Pg. 304 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Community Services
Service Restoration / Enhancement
• Expanding In Person Services • Investing in Urgent Safety and Maintenance Needs • Homeless Services Delivery Audit 22 Proposed Staff Enhancements
• 2.0 FTE permanent positions in the General Fund • 0.7 as-needed FTE positions in the General Fund • 2.3 as-needed FTE positions in the Beach Fund

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Packet Pg. 305 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Fire Department
Service Restoration / Enhancement
• Ensure that mandated training records for firefighters are maintained in compliance with state and federal standards • Assist with documenting the mutual aid strike team
deployments to provide full reimbursement to the City for its wildfire response
• Aid the Training Division and upcoming firefighter recruit academy to support new SMFD recruits and citywide
emergency response
• Upgrade 0.9 as-needed FTE to 1.0 FTE permanent position 23 8.A.k
Packet Pg. 306 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Human Resources
Service Restoration / Enhancement
• Build capacity to support City departments responsible for delivering critical community services and programs.
• Enhance ability to attract and retain employees and fill critical vacant positions, support and implement legally mandated programs, and respond to employee,
organizational and workplace needs.
• 3.0 FTE permanent positions
24 8.A.k
Packet Pg. 307 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Information Services
Service Restoration / Enhancement
• Provide administrative support of critical Citywide technology, systems, infrastructure, and services
• Ensure adequate resources to maintain contracts, manage accounts receivables, and close new broadband sales
• 2.0 permanent FTE positions in the General Fund
• 1.0 permanent FTE position in Community Broadband Fund 25 8.A.k
Packet Pg. 308 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Library
Service Restoration / Enhancement
Provide equitable and inclusive resources to our most
vulnerable community members
 Address gaps in adult programming and literacy services  Activate Fairview Branch Library via self-service
• 1.0 FTE permanent position
• 0.4 FTE as-needed position
• Funds for equipment, programs and collections
26 8.A.k
Packet Pg. 309 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Police Department
Service Restoration / Enhancement
• Enforce timely parking space turnover
• Enhance response to traffic control, vehicle collisions, and special occurrences or events
• Improve vehicular safety and traffic circulation
• 4.6 as-needed FTE positions
27 8.A.k
Packet Pg. 310 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Public Works
Service Restoration / Enhancement
• Enhance response to community needs, including graffiti and waste removal
• Ensure quality and timely delivery for projects, such as Park Safety Enhancements and the Virginia Avenue Park Kitchen
• Support new grants, such as Gandara Park Improvements • Provide zero waste education, outreach and training
• Maximize efficiency of leasing and property management at the Airport
• 2.0 FTE permanent positions in the General Fund
• 1.0 FTE limited-term position in the Airport Fund
• 1.0 FTE permanent position in the RRR Fund 28

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Packet Pg. 311 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Transportation
Service Restoration / Enhancement
• Expand public counter hours to improve front-line customer service, expedite permit processing, and reduce parking citation delays • Establish a supervisory position for the Capital Projects Team in Mobility to implement critical road safety projects and ensure timely delivery of department's CIP program
• Train new and current Motor Coach Operators to support increased service capacity and enhanced customer experience
• Ensure compliance with new DOT regulations and certifications to keep our system safe
• 2.0 FTE permanent positions in the General Fund (positions currently As-Needed) • 1.0 FTE limited-term position in the BBB Fund
29 8.A.k
Packet Pg. 312 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Finance
Service Restoration / Enhancement
• Promote equity in City procurement, streamline procurement processes • Increase strategic planning capacity related to business license/ economic recovery and revenue enhancement
• Increase Workers’ Compensation program's capacity to reduce absences for injured employees
• 1.0 permanent FTE position in General Fund
• 1.0 permanent FTE position in Workers’ Compensation Fund 30 8.A.k
Packet Pg. 313 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Master Fine Resolution
Library Fines
• Eliminates overdue fines for all adult cardholders to remove barriers to access and promote social equity
• Aligns with the Council’s prior 2018 action to eliminate overdue fines for children and teens
Shared Mobility Progressive Penalty Fine Schedule
• Defines different classes of penalty types and amounts, and enforcement escalations for both Public Right of Way (PROW) violations such as ADA blockages, improper deployments, and complaint response time, and administrative noncompliance • Deters noncompliance and incentivizes operators to quickly resolve important PROW safety and administrative issues

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Packet Pg. 314 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Potential Revenue Measures
Measure Description Annual Revenue Estimates
Library Parcel Tax
A special tax dedicated to
restoring library services.
2/3 of voter approval required.
~$2 million to $4 million
(depends on structure of tax)
Transient
Occupancy Tax
Tax on lodging room rentals,
currently 14%, potential higher rate
for homeshares.

Majority voter approval required.
~$4 million for each 1%
increase; $0.1 million for
homeshare for each 1%
increase
Parking Facility
Tax
Tax on parking fees, currently 10%.

Majority voter approval required. ~$1 million for each 1% increase Business License
Tax
Modernizing Business License Tax.

Majority voter approval required.

Unknown – further analysis
needed

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Packet Pg. 315 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Other Business
• Approve modification to the Moss Adams contract
• Approve a relocation allowance for the Police Chief

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Packet Pg. 316 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget) Mid-Year Budget Recommended Actions
• Receive the FY 2021-22 through FY 2027-28 Five-Year Financial Forecast • Approve midyear adjustments and position and classification changes • Adopt resolutions:
Establishing new classifications and adopting salary rates for various positions
Revising the City’s master fine schedule, eliminating adult overdue fines, and establishing new fines for the Second Shared Mobility Pilot Program • Provide direction on revenue measures
• Approve modification to the Moss Adams contract
• Approve a relocation allowance for the Police Chief

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Packet Pg. 317 Attachment: PowerPoint Presentation (4753 : FY 2021-22 Midyear Budget)

13.A
February 8, 2022
Council Meeting: February 8, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department
Date: February 8, 2022

13.A Designation of City's voting delegate and alternate representative to Southern California Association of Governors (SCAG) General Assembly at the JW Marriott Desert Springs Resort & Spa, Palm Desert on May 5, 2022.

13.A
Packet Pg. 318

13.B
February 8, 2022
Council Meeting: February 8, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department
Date: February 8, 2022

13.B Request of Mayor Pro Tem McCowan that the City Manager provide to the City Council as part of the FY 22/23 exception based budget, information related to implementation of a paid parental leave policy for City staff that could take effect in FY 22/23.

13.B
Packet Pg. 319

13.C
February 8, 2022
Council Meeting: February 8, 2022 Santa Monica, California 1 of 1
CITY CLERK’S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records & Elections Services Department
Date: February 8, 2022

13.C Request of Mayor Himmelrich, Council Member Davis, and Council Member Negrete that the City Council join with and support the Santa MonicaMalibu Unified School District (“SMMUSD”) in opposing a petition filed by certain individuals with the Los Angeles County Committee on School District Organization pursuant to SB 442 which became effective January 1, 2022. This petition seeks to compel SMMUSD to convert from at-large elections, which are required by Section 900 of the Santa Monica City Charter, to district based elections and to adopt a map of proposed districts that was drawn by the petition’s proponents without any input from SMMUSD stakeholders and which seems not to have been drawn in accordance with the California Elections Code, which sets forth a procedure for drawing such districts. This petition seeks to override the Santa Monica City Charter without a vote of the people and without a showing of any compelling interest that would justify doing so. In addition to stating its opposition to the petition, the Council authorizes the City Manager, including the City Attorney, to use City resources, as appropriate, to support the SMMUSD and to publicly oppose the nullification of the City charter in public media, at any hearing held by the County Committee on School District Organization, and, if necessary, through litigation.

13.C
Packet Pg. 320
1 Vernice Hankins
From: Debbie Mulvaney <[email protected]>
Sent: Sunday, February 6, 2022 10:43 AM
To: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Cc: David White; councilmtgitems; 'Drati, Ben'
Subject: Item 13-C

EXTERNAL
Mayor Himmelrich and Councilmembers:

I am writing to you to support your 13‐C item in Opposing the petition filed to compel SMMUSD to convert from at‐large to district elections.

There are many reasons why this petition should be opposed:
1) It undermines our own City Charter which calls for at‐large elections 2) It DECREASES the likelihood of diversity on the school board 3) The schoolboard has had more diversity than the demographics would suggest in its current form 4) The petition is full of misrepresentations
5) It allows 1 vote every 4 years instead of 7 votes every 4 years per voter 6) The map submitted is clearly political and not based on diversity or neighborhood or school locale Any one of these reasons should be enough to oppose this petition, but together it shows a clear political motive by the petitioners. Please support item 13‐C and Oppose the Petition.

Thanks.

Debbie Mulvaney
Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 321 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: Angela Scott <[email protected]>
Sent: Sunday, February 6, 2022 9:58 PM
To: Council Mailbox; councilmtgitems
Cc: Nicole Faries; Ted Winterer
Subject: Vote Yes on Item 13-C

EXTERNAL
Dear City Councilmembers.

I'm writing to you in my capacity as an active parent in the Santa Monica-Malibu Unified School District.

I have a deep concern regarding this issue of changing the election structure via district maps, which is not created through a public process. This absence of the people's vote to amend the City Charter is undemocratic. Instead, these petitioners should have pursued a ballot initiative to place before the voters.

The proposed district map is gerrymandering at its worst. We as voting residents will lose our voice if we're limited to selecting only one school board member among a seven-member board. Sadly, petitioners frame their initiative as one to increase diversity on the school board, while it's the exact opposite. If I'm not mistaken, there is no violation of the CA Voting Righ Act in SMMUSD because the school board has been quite diverse over the years.

Going to districts would likely lead to less diversity in the future as no majority-minority district can be formed based on the demographics of the two cities.

Most importantly, our low-income Title 1 schools could be financially compromised should district elections commence. We could potentially see a reversal of the equity in district-wide fundraising, leading to our Title 1 schools receiving fewer private funds than schools in more affluent neighborhoods.

As you continue to make impactful, generational changes. Please, remember our youngest, most vulnerable members of this community.

Warmest,
Angela
Angela D. Scott
"You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm
Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 322 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: Melissa Goodman <[email protected]>
Sent: Monday, February 7, 2022 10:36 AM
To: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre
Cc: David White; councilmtgitems
Subject: Please Vote Yes on Item 13-C

EXTERNAL
Dear Councilmembers,
I'm writing to urge you to vote yes on Item 13‐C. As an active community member in mid‐city and working parent with an elementary student at McKinley, I believe changing the election structure for our school board should occur with greater public participation, debate, and process. I'm also concerned that the move to district elections, particularly with the maps proposed, will have the effect of actually decreasing racial diversity on the board and possibly reduce the equity that results from district‐wide fundraising and spending, leading Title 1 schools like McKinley to have fewer private funds than schools in more affluent neighborhoods in Santa Monica.

For these reasons, I ask that you vote yes on Item 13‐C.

Many thanks,
Melissa Goodman
Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 323 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 2 Vernice Hankins
From: JENNIFER SMITH <[email protected]>
Sent: Monday, February 7, 2022 7:26 AM
To: Gleam Davis; Phil Brock; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Cc: councilmtgitems; David White; Christine Parra
Subject: Vote Yes on Item 13-C

EXTERNAL
Dear City Council Members,
As an SMMUSD School Board Member, district parent, volunteer, PTA member and education advocate I ask you to vote yes on Item 13‐C, opposing the current petition to change the voting structure set in the city charter without consent of the public.

Changing the election structure via district maps not created through a public process absent a vote of the people to amend the City Charter is undemocratic. Petitioners should have instead sought a ballot initiative to place before the voters Requiring voters to select only one school board member deprives them of their historic right to have a say in the selection of the entire board.

The petitioners frame their initiative as one to increase diversity on the board based on misinformation about past elections when in reality the board has been quite diverse over the years ‐‐ there is clearly no violation of the CA Voting Right Act in SMMUSD elections.

In fact, going to districts would likely lead to less diversity in the future as no majority minority district can be formed based on the demographics of the two cities.

Thank you for your time.

Jennifer Smith
Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 324 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: SM Renters Rights <[email protected]>
Sent: Monday, February 7, 2022 11:57 AM
To: Sue Himmelrich; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Kristin McCowan; Oscar de la Torre; Council Mailbox; councilmtgitems
Subject: Item 13-C: SMRR Letter In Support of Council Item 13-C to Support District and Oppose Petition Attachments: 220130 Final SMRR ltr to County Committee re Trustee District Elections - OPPOSE.pdf

EXTERNAL
Dear Mayor Himmelrich and Members of the Santa Monica City Council, Mayor Himmelrich, Councilmembers Davis and Negrete have placed Item 13-C on your agenda for the meeting of February 8, 2022 and it deserves your support. Item 13-C asks the Santa Monica City Council to join with and support the Santa Monica-Malibu Unified School District in its opposition to a petition filed with the LA County Committee on School District Organization seeking to compel the school district to convert from at-large elections to district elections. The SMRR Executive Committee voted unanimously to oppose the petition and SMRR urges you to vote in favor of this agenda item.

We have attached SMRR’s letter to the County Committee stating our position on this matter.

There are often compelling social justice and fair representation arguments for a change from at-large to district elections in local jurisdictions. But that is not the case in the Santa Monica-Malibu Unified School District and is clearly not the intent of the petitioners. The petitioners demonstrate their intent by proposing a district map that is so preposterous that it would be laughable were it not for the fact that similar anti-democratic gerrymandering is becoming all too real in some parts of America.

The proposed gerrymandered map clearly demonstrates that the petition is not intended to serve any legitimate social or representational justice objective at all, indeed it targets the two SMMUSD Board members who are people of color, but rather simply seeks to create a school board whereby Malibu might have disproportional representation, possibly even a majority of allied board members.

This gambit can only be intended to serve the interests of the wealthy residents of Malibu who in other proceedings seek to separate their community entirely from SMMUSD in a manner that would provide dramatically disparate funding favoring the nearly all-white Malibu students compared to the much lower funding that would remain for the far more diverse Santa Monica-based students. The petitioners hope to win by gerrymandering what they know they cannot win by any other means – separation into two districts and a boatload of money for Malibu students.

Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 325 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 2 It would be shocking that any Santa Monica elected official would lend the stature of their office to such an enterprise including by failing to vote for this agenda item.

Santa Monicans for Renters’ Rights strongly urges you vote yes on this agenda item and to oppose the district elections petition as requested.

Sincerely,
Denny Zane and Mike Soloff
Co-Chairs, Santa Monicans for Renters’ Rights
Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 326 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) SANTA

MONICANS FOR

RENTERS'
RIGHTS
Serving the Needs of All Santa Monicans Since 1979
January 30, 2022

VIA EMAIL
Los Angeles County Committee on School District Organization 9300 Imperial Highway
Downey, CA 90242
Attn: Anna Heredia Heredia_ [email protected]
cc: Allison Deegan Deegan_ [email protected]; Octavio Castelo Castelo_ [email protected] Re: Opposition to Petition to Establish Trustee Elections in the Santa Monica-Malibu Unified School District
Hearing Date: February 2, 2022
Agenda Item No. XVII.B
Dear Committee Members:

Santa Monicans for Renters' Rights (SMRR), the foremost social justice organization in Santa Monica, has a long commitment to supporting excellence in all the public schools of our wonderfully diverse community. Throughout SMRR's 40-plus year history, education has been one of the focal points of our membership. SMRR was in the forefront of advocating for School District-wide fundraising, which replaced the old inequitable approach where affluent schools receive a disproportionately greater share of privately-raised funds. SMRR has also worked with leaders from across the community to pass funding measures providing hundreds of millions of dollars for capital improvements in all schools and to support teachers and innovative curriculum in all classrooms in the District.

SMRR strongly opposes the petition filed by attorney Kevin Shenkman on behalf of proponents Oscar De la Torre, Jennifer deNicola and Tricia Crane to compel the Santa Monica-Malibu Unified School District (SMMUSD) to replace its system of at-large elections for its Board of Education with trustee district elections. As an organization committed to social justice, SMRR recognizes that district elections are sometimes necessary to address vote dilution, raciallypolarized voting, and the underrepresentation of minority communities on local elected bodies.

However, this clearly is not the case in the SMMUSD.

For many years, SMMUSD's at-large elections have empowered minority voters who, in coalition with SMRR, and other progressive community organizations, have consistently elected a diverse and inclusive Board of Education. At-large elections have also elected school board members with a District-wide perspective, rather than a narrow perspective focused on an individual school or segment of the District. In addition, at-large elections allow every SMMUSD voter to cast seven votes for school board in a four-year elections cycle, whereas district elections would limit SMMUSD voters to a single vote only every four years.

SMMUSD's at-large elections are established by the Santa Monica City Charter pursuant to article IX, section 16 of the California Constitution, which authorizes charter cities to establish the manner of electing their school boards. SMRR believes the County Committee lacks the legal authority to override the Santa Monica City Charter with respect to the at-large manner of electing the SMMUSD Board of Education. The County Committee would be violating two distinct Item 13.C
02/08/22
Item 13.C
02/08/22

13.C.a
Packet Pg. 327 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) Item 13.C
02/08/22
Item 13.C
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Packet Pg. 328 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: Ted Winterer <[email protected]>
Sent: Monday, February 7, 2022 3:13 PM
To: Angela Scott
Cc: Council Mailbox; councilmtgitems; Nicole Faries
Subject: Re: Vote Yes on Item 13-C

EXTERNAL
Excellent, thanks!
On Sun, Feb 6, 2022 at 9:58 PM Angela Scott <[email protected]> wrote:

Dear City Councilmembers.

I'm writing to you in my capacity as an active parent in the Santa Monica-Malibu Unified School District.

Going to districts would likely lead to less diversity in the future as no majority-minority district can be formed based on the demographics of the two cities.

As you continue to make impactful, generational changes. Please, remember our youngest, most vulnerable members of this community.

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Packet Pg. 329 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: jzhawk13 <[email protected]>
Sent: Monday, February 7, 2022 9:16 PM
To: Council Mailbox; councilmtgitems
Subject: Medical freedom and Freedom of choice

EXTERNAL
One of the signers of the Declaration of Independence, Benjamin Rush, MD "Unless we put medical freedom into the Constitution, the time will come when medicine will organize into an undercover dictatorship…
To restrict the art of healing to one class of men and deny equal privileges to others will constitute the Bastille of medical science. All such laws are un‐American and despotic and have no place in a republic… The Constitution of this republic should make the special privilege for medical freedom as well as religious freedom.“ Freedom Wins,
Jill Hawkins
Sent from ProtonMail mobile
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Packet Pg. 330 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: Clara Romero <[email protected]>
Sent: Tuesday, February 8, 2022 8:09 AM
To: Council Mailbox; councilmtgitems
Subject: Vote

EXTERNAL
Please vote to oppose the petition to change the election SMMUSD Board.

Thank you
Clara Romero
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Packet Pg. 331 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) February 7, 2022
Santa Monica City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: Your February 8th Meeting (Agenda Item No. 13-C)
Dear Mayor Himmelrich and Members of the City Council
We are writing as co-chairs of the Alliance of Santa Monica Latino and Black Voters, an ad hoc coalition of Latino and Black residents of Santa Monica formed last year to join as an Amicus Curiae in support of the City of Santa Monica in Pico Neighborhood Association v. City of Santa Monica, currently pending in the California Supreme Court (Case No. S263972).

We are writing to ask that you vote in support of agenda number 13-C, which would put the City on the side of SMMUSD in opposing the petition filed by attorney Kevin Shenkman with the Los Angeles County Committee on School District Organization to impose district elections for SMMUSD’s Board of Education. Attached is our letter that we submitted to the County Committee last week explaining our position. Overall, we believe at-large elections have worked well in SMMUSD in providing a diverse and inclusive school board, and that district elections would be a giant step backwards. Latino and Black voters and candidates would be harmed rather than helped by imposition of district elections.

SMMUSD’s at-large elections are established in the Santa Monica City Charter. As custodians of the City Charter, we believe you have a legal and ethical responsibility to defend it. This includes supporting SMMUSD in opposing the Shenkman petition.

Sincerely,
Antonio Vazquez Nat Trives
Co-Chairs of the Alliance of Santa Monica Latino and Black Voters cc: Joseph Lawrence
David White
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Packet Pg. 332 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) January 31, 2022
Los Angeles County Committee on School District Organization 9300 Imperial Highway
Downey, CA 90242
Re: Petition to Impose District Elections on the SMMUSD Board of Education (February 2, 2022; Agenda Item XVII.B)
Dear Members of the Committee:

The undersigned, former Santa Monica Mayors Antonio Vazquez and Nat Trives, are writing as co-chairs of the Alliance of Santa Monica Latino and Black Voters, which is a coalition of Latino and Black residents of Santa Monica who share an opinion grounded in decades of experience that Santa Monica’s Latino and Black voters have greater voting power and influence in our community’s at-large elections including for the SMMUSD Board of Education than they would have under a district elections system. That is why the Alliance opposes the petition to impose district elections in the SMMUSD.

Both of us are long time Santa Monica residents and civic leaders. Antonio Vazquez served as Santa Monica’s first Latino Mayor (2015-16), a member of the Santa Monica City Council elected three times in at-large elections (1990, 2012 and 2016) and currently as an elected member (and former Chair) of the State Board of Equalization. Nat Trives served as Santa Monica’s first Black Mayor (1975-77), was elected to the Santa Monica City Council two times (1971 and 1975), and is widely known as “Mr. Santa Monica” for his many years of leadership in Santa Monica community organizations.

We have studied the petition recently filed with the County Committee and identified its many misstatements concerning SMMUSD elections, especially with respect to Latino and Black voters and candidates. There is no evidence of vote dilution or racially-polarized voting in SMMUSD. To the contrary, both Latino and Black candidates have been enormously successful in SMMUSD elections.

The success of Latino voters and candidates in SMMUSD elections was documented in an Amicus Brief filed by the Alliance and others in the California Supreme Court last year in the CVRA case involving Santa Monica City Council elections: Pico Neighborhood Association et. al v. City of Santa Monica. (The Amicus Brief may be found at https://www.santamonica.gov/Media/Attorney/Election/2021.6.7_Brief%20of%20SM%20Leagu e%20Women%20Voters%20et%20al.pdf) Attached to this letter is Appendix C from the Alliance’s Amicus Brief, which shows:

1. From 2002-2020, Latinos made up a disproportionately high percentage of school board candidates: 25.8% compared to SMMUSD’s Latino voting population of 9.1%. Thus, at-large elections have not discouraged Latinos from being candidates for the SMMUSD Board of Education.

2. Latino candidates for SMMUSD’s Board of Education won at an extraordinarily successful rate (86.7%) compared to non-Latino candidates (51%). And Latino-preferred candidates won at an even higher rate, 94.1% (16 of 17), substantially greater than the winning rate for non-Latino-preferred candidates: 36% (9 of 25).

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Packet Pg. 333 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) Item 13.C
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Packet Pg. 334 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 71 APPENDIX C: SANTA MONICA MALIBU UNIFIED

SCHOOL DISTRICT ELECTIONS DATA

1. Santa Monica Latino Candidate Success.

The chart below was prepared based upon School Board election results as shown on the City’s website (https://smvote.org), including its archives. This chart includes Latino/Latinosurnamed candidates and winners.

Year Number of
Candidates
Number of
Latino/
LatinoSurnamed
Candidates
Number
of
Winners
Number of
Latino/
LatinoSurnamed
Winners
2002 7 1 4 1
2004 4 3 3 2
2006 6 1 4 1
2008 4 2 3 2
2010 8 1 4 1
2012 6 2 3 2
2014 7 1 4 1
2016* 3 1 3 1
2018 5 1 4 1
2020 8 2 3 1
Totals: 58 15 35 13
* Because in 2016 there were three candidates for three School Board seats, no election was held. The chart includes the three candidates as winners, including Latina Maria Leon Vazquez.  25.9% of School Board candidates were Latino/Latinosurnamed (15 of 58), compared to only 9.1% Latino voters in SMMUSD.

Document received by the CA Supreme Court.

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Packet Pg. 335 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 72  37.1% of winning School Board candidates were
Latino/Latino-surnamed (13 of 35), compared to only 9.1% Latino voters in SMMUSD.
 Latino/Latino-surnamed School Board candidates won

86.7% of their School Board election campaigns (13 of 15). In contrast, non-Latino/non-Latino-surnamed School Board
candidates won only 51% of their School Board election
campaigns (22 of 43).
 The thirteen (13) winning Latino/Latino-surnamed
School Board candidates are: Oscar de la Torre (‘02, ‘06, ‘10, ‘14, ‘18), Maria Leon-Vazquez (‘04, ‘08, ‘12, ‘16, ‘20), and Jose Escarce (‘04, ‘08, ‘12).
 The losing Latino/Latino-surnamed School Board
candidates are: Ana Maria Jara (‘04), and Esther Hickman (‘20).

2. Santa Monica Latino-Preferred Candidate Success.

The following chart was prepared based on expert evidence in the record concerning the success of Latino-preferred candidates for School Board and the City’s website of School Board election results. See Trial Exhibit 1653A (which is reproduced in the Addendum to the City’s Answer Brief) and https://smvote.org.

Document received by the CA Supreme Court.

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Packet Pg. 336 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 73 Year Number of
Candidates
Number of
LatinoPreferred
Candidates
Number
of
Winners
Number
of
LatinoPreferred
Winners
2002 7 2 4 2
2004 4 3 3 2
2006 6 2 4 2
2008 4 2 3 2
2010 8 2 4 2
2012 6 3 3 3
2014 7 3 4 3
subtotals 42 17 25 16
2016 3 NA* 3 NA*
2018 5 NA* 4 NA*
2020 8 NA* 3 NA*
Totals: 58 17 35 16
* NA means not available.
 According to the record, the sixteen (16) winning Latinopreferred School Board candidates are Oscar de la Torre (‘02), Julia Brownley (‘02), Maria Leon Vazquez (‘04), Jose Escarce (‘04), Oscar de la Torre (‘06), Emily Bloomfield (‘06), Maria Leon Vazquez (‘08), Jose Escarce (‘08), Oscar de la Torre (‘10), Ralph Mechur (‘10), Maria Leon Vazquez (‘12), Jose Escarce (‘12), Ben Allen (‘12), Oscar de la Torre (14), Richard Tahvildaran-Jesswein (‘14) and Laurie Lieberman (‘14).

Document received by the CA Supreme Court.

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Packet Pg. 337 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 74  For the years when Latino-preferred data is available (2002-2014):
o Latino-preferred School Board candidates made
up 40.5% of total candidates (17 of 42), substantially greater than the percentage of Latino voters in SMMUSD (9.1%).
o Latino-preferred School Board candidates won at a
rate of 94.1% (16 of 17), substantially greater than the winning rate for non-Latino-preferred candidates: 36% (9 of 25). o Latino-preferred School Board candidates won
64% of School Board seats (16 of 25), substantially greater than the percentage of Latino voters in SMMUSD (9.1%).
 The only Latino-preferred School Board candidate who
did not win, Ana Jara (‘04), testified in support of the City’s position at trial. Ms. Jara is a board member of Amicus Human Relations Council Santa Monica Bay Area.
 Expert analysis of School Board elections is not in the record for the 2018 or 2020 elections, so the record does not show whether Latina Esther Hickman who lost in 2020 was Latinopreferred.

Document received by the CA Supreme Court.

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Packet Pg. 338 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) January 31, 2022

VIA EMAIL
Los Angeles County Committee on School District Organization 9300 Imperial Highway
Downey, CA 90242
Attn: Anna Heredia
[email protected]
Re: Petition to Establish Trustee Elections in the Santa Monica Unified School District Hearing Date: February 2, 2022
Agenda Item No. XVII.B
Dear Committee Members:

We are writing as Co-Chairs of Community for Excellent Public Schools (“CEPS”). CEPS is a nonprofit organization consisting of parents, teachers and civic leaders who share a commitment to ensuring excellent public schools in Santa Monica and Malibu, pre-kindergarten through community college. http://www.excellentpublicschools.org/. For more than 20 years, CEPS has advocated for various funding measures at the state and local levels to support public education. CEPS also endorses candidates for Santa Monica City Council, the Santa Monica Malibu Unified School District (“SMMUSD”) Board of Education, and the Santa Monica College (“SMC”) Board of Trustees. CEPS is proud of its track record of helping to elect racially-diverse candidates to local public office.

This letter is being submitted in opposition to the petition filed by attorney Kevin Shenkman on behalf of proponents Oscar De la Torre, Jennifer deNicola and Tricia Crane to compel the SMMUSD to replace its system of at-large elections for its Board of Education with trustee district elections. On December 16, 2021, the SMMUSD Board of Education voted to oppose this petition. CEPS supports the Board of Education for reasons of public policy and because it would be unlawful for the County Committee to approve the petition.

As a matter of public policy, CEPS recognizes that trustee district elections are sometimes necessary to address vote dilution, racially-polarized voting, and the underrepresentation of minority communities on local elected bodies. However, this is not the case in SMMUSD. For many years, SMMUSD’s at-large elections have empowered minority voters who, in coalition with progressive community organizations (including CEPS), have consistently elected a diverse and inclusive Board of Education.

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Packet Pg. 339 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) At-large elections have also elected school board members with a School District-wide perspective (not a parochial perspective focused on an individual school or segment of the school district). Among other things, this has led the Board to implement district-wide fundraising in which the dollars generated are shared equally regardless of the average household income of schools. In other words, this approach to fundraising assures that our Title 1 schools operate on par with all others, replacing the old system where affluent schools received a disproportionately greater share of privatelyraised funds.

Moreover, at-large elections allow every SMMUSD voter to cast seven votes for school board in a four-year elections cycle. In contrast, trustee district elections would limit SMMUSD voters to a single vote only every four years.

As a matter of law, SMMUSD’s at-large elections are established by the Santa Monica City Charter pursuant to article IX, section 16 of the California Constitution, which authorizes charter cities to establish the manner of electing their school boards. Last week, CEPS submitted a Memorandum prepared by our all-volunteer Legal Committee to the County Committee’s staff and the County Counsel explaining why the County Committee lacks the legal authority to override the Santa Monica City Charter with respect to the at-large manner of electing the SMMUSD Board of Education. The County Committee would be violating two distinct provisions of the California Constitution (article IX, section 16 and article XI, section 5) if it were to approve the petition.

The Memorandum also explains that the petition should be dismissed because it is based on gross misstatements of fact about SMMUSD elections and school board representation that are demonstrably false. Specifically:
• Fraudulent Misstatements Regarding Pico Neighborhood Representation: The petition’s claim that the Pico neighborhood has had “almost no representation at all” on the SMMUSD Board of Education is false. From 2002-2020, proponent and PNA resident Oscar De la Torre (now a member of the Santa Monica City Council) served on the Board of Education, having been elected in five consecutive at-large elections. Previously, other Pico neighborhood residents have served on the Board of Education including Peggy Lyons from 1984-1996 and Barry Snell from 2006-2010. • Fraudulent Misstatements Regarding Malibu Representation: The petition’s claim that Malibu has had “almost no representation at all” is also false. Malibu has typically had a Malibu resident on the Board of Education for many years. Since 2014, Malibu resident Craig Foster has served on the Board of Education. Previously, Malibu residents Kathy Wisnicki (2004-08), Michael Jordan (2000-04), Todd Hess (1996-2000), Dan Ross (1986- 90), Richard Williams (1983-86) and Mary Kay Kamath (1981-96) served on the Board.

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Packet Pg. 340 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) • Fraudulent Misstatements Regarding Latino and Black Representation: The petition also falsely claims that the Latino and Black communities have been underrepresented on the SMMUSD Board of Education. To the contrary, SMMUSD’s at-large elections have produced an ethnically-diverse Board of Education for many years. Latinos have held a percentage of board seats substantially greater than the percentage of Latino voters in SMMUSD. And Blacks (who make up about 2% of the voting population of SMMUSD) have often held a seat (or two) on the Board of Education. Keith Coleman, who is Black, currently serves on the Board. Previously, Peggy Lyons (1984-96), Brenda Gottfried (1990-2002), and Barry Snell (2006-10) -- all of whom are Black -- served on the Board.

The petition attaches a proposed trustee district map and claims the map will provide for neighborhood and ethnic representation. This claim, too, is both false and made in bad faith. Indeed, the petition’s proposed districting map has virtually no relationship to the reasons given for it in the petition:
• The proposed map will harm rather than improve Latino representation because, at best, it carves out what may or may not prove to be a safe Pico neighborhood district (Latinos still appear to be a minority of the voters in the proposed district) while diluting the Latino vote in all other districts. Moreover, the map targets Latina board member Maria Leon Vazquez for defeat by placing her south Santa Monica neighborhood in a Malibu-dominant district. Notably, Malibu’s population is more than 90% White nonHispanic. • The map would likely deny the Black community the power to elect a Black representative to the Board of Education, which under the current at-large system has been enhanced through multi-racial community coalition building. In particular, the map targets for defeat the Board of Education’s only Black member, Keith Coleman, by placing him in yet another Malibu-dominant district along with three other current board members.
• Although the petition gives lip-service to neighborhood-based districts and representation, the proposed map tells a very different story. Instead of honoring the integrity of long-standing neighborhoods, the proposed map splits neighborhoods in ways that can only be explained by crass political calculation.

In closing, the County Committee should promptly deny the petition. If the petition’s proponents wish to pursue trustee district elections in SMMUSD, they should be required to proceed Item 13.C
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Packet Pg. 341 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) through the democratic city charter amendment process as provided in the California Constitution and state law.

Sincerely, Sincerely,
Nicole Faries Ted Winterer
Co-Chair of Community Co-Chair of Community
for Excellent Public Schools for Excellent Public Schools Item 13.C
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Packet Pg. 342 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: diana hinek <[email protected]>
Sent: Tuesday, February 8, 2022 11:32 AM
To: councilmtgitems
Subject: Regarding today's City Council meeting

EXTERNAL
Dear Santa Monica City Council,
I am a homeowner, business owner and parent of students in the Santa Monica district.

I am writing to address a few issues about the agenda for tonight's meeting.

The California State Legislature recently passed a policy that lays out a process to address Santa Monica districting issue. This legislation was supported by all of our State Legislators and was signed by Governor Newsom into law. I firmly believe that the City Council should stay out of the school district issues and avoid being involved in the school board matters that are at this point illegal.

Also, as a Santa Monica tax payer and resident, I do not appreciate the fact that our public dollars are being used to oppose a legal districting process just to protect the political position of the current school board members. Some of them have been on the board of education for years, with terrible consequences for our children (Are you aware of the recent increase in drop outs and withdrawals?). It is time to start afresh with a new and capable board of education!
Is it fair that 5 out of the 7 school board members live in one neighborhood? Who are they really representing?
It's bad enough that the majority of the City Council continues to fight the CA. Voting Rights Act in order to avoid district elections . This has already cost the City of Santa Monica millions of tax dollars in attorney fees.

Do you really intend to add to that cost by proposing to pay for SMMUSD's attorney fees to fight district elections just to protect their seats?
This is not going to look good in court.

Thank you,
Diana
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Packet Pg. 343 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: jon kean <[email protected]>
Sent: Tuesday, February 8, 2022 1:35 PM
To: councilmtgitems
Subject: Item 13 C

EXTERNAL
Dear Santa Monica City Council Members
As you deliberate Item 13 C tonight, I appreciate and support what I hope will be an easy decision for you, namely that the City should defend its charter from a petition that seeks to usurp or deny the power of the electorate in Santa Monica (and Malibu) and force a unilateral move to accept districts for school board elections. While there are many elements of SB 442 and the petition submitted by Oscar de la Torre, Tricia Crane, and Jennifer Dinicola that will be refuted and argued in the appropriate setting, I want my comments to focus on something that is not being mentioned as much as it should be. That question is: would students benefit from a move from at-large to district representation? To me, and the super majority of the SMMUSD Board of Education, that answer is no.

Education cannot exist in silos. At-promise students do not live in clearly defined districts with distinctly drawn boundaries. Professional development and teacher collaboration is not neighborhood dependent. A move to districts would engender an increased state of tribalism and harm, perhaps irreparably, the work done by our school district over the past decade.

Districtwide fundraising, a huge step in bringing equity of dollars to all school sites, would not exist with district elections. A new school at Edison might not exist with districts. Important academic intervention programs that are developed centrally at the district and play a vital role in addressing needs of English Language Learners, Socio-economically Disadvantaged (SED) Students, and the needs of our students with IEPs would be weakened if decisions cease to be centered about what is best for “all” students and become conversations about what is best for “my” students.

When a program works, it works for all students. Our focus as school board members must remain diligently trained on all students. To bring neighborhood politics into educational decisions is not a recipe for continued success. Sadly, this current petition seems less focused on educational needs of nearly 10,000 students but instead is another attempt to settle grudges, both personal and against our City. Let’s not just give lip service to the tried and true “do what is best for students” but instead vote to approve this item. I wholeheartedly support both this item and the partnership the city and the district share. Please continue to promote that partnership and work with us as we strive to create the best opportunities for all students.

Thank you
Jon Kean
SMMUSD School Board Member, as an individual
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Packet Pg. 344 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections) 1 Vernice Hankins
From: Coleman, Keith <[email protected]>
Sent: Tuesday, February 8, 2022 1:57 PM
To: councilmtgitems
Subject: Fw: Item 13 C; City of Santa Monica: City Council, Regular and Special Joint Meeting 2/8/2022

EXTERNAL
City of Santa Monica
City Council
Regular and Special Joint Meeting
2/8/2022 5:30p

Re: Item 13 C. Support in opposing a petition filed by individuals with the Los Angeles County Committee on School District Organization

Dear Santa Monica City Council,

I am writing in support of Item 13 C in opposing a petition filed by individuals with the Los Angeles Committee on School District Organization.

There is clear historical evidence that gerrymandering is not a welcome public policy practice and serves to disenfranchise communities. The present state of at‐large elections has been helpful not only to students but highlights an equitable distribution of the entire Board of Trustees, which is representative of the whole of the student body in the Santa Monica‐Malibu Unified School District AND not simply targeted geographic areas.

The petition would deliver irrelevant disruption for no particular purpose.

The City Council is empowered to protect the city charter and support the school district as our educator family continues to assist, nurture and guide our students in their learning journey. In looking at the record of at‐large‐districts over time in SMMUSD it is evident that racial and ethnic diversity has been represented, characterized and brought to life. Unwarranted, gerrymandered division of at‐large‐elections in a politically motivated way might well suppress many voters and fuel deeper polarization, weakening a long record of common ground and diversified engagement.

Keith Coleman
Board Member
Santa Monica‐Malibu‐Unified School District
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Packet Pg. 345 Attachment: Written Comment (4975 : Support SMMUSD opposition re: district elections)

THE LEAGUE OF WOMEN VOTERS OF SANTA MONICA
P.O. Box 1265 Santa Monica, CA 90406-1265
Phone: 310.564.6946 www.lwvsantamonica.org
#MakingDemocracyWork

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Santa Monica City CouncilFebruary 8, 2022

Santa Monica City Council
February 8, 2022