Agenda packet — Santa Monica City Council, June 28, 2022 (part 1 of 3)

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

DOUGLAS SLOAN

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 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 8/29/2022 11:56 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11427(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 12:00 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. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.

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. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).

2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).

3. Closed Session.

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

5. 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).

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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

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

City of Santa Monica Generated: 8/29/2022 11:56 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR AND SPECIAL JOINT MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 28, 2022
MEETING BEGINS AT 5:30 PM
WAYS TO PROVIDE REMOTE PUBLIC COMMENT:

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

Written comments received prior to 12:00 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.

Any Items not heard on the August 23rd agenda, will be continued to an Adjourned meeting on August 24th at 6:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. 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.)

1.A. Written Comments

2. PUBLIC INPUT (CLOSED SESSION, SPECIAL AGENDA ITEMS, CONSENT

CALENDAR ONLY)

3. CLOSED SESSIONS
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 4

3.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees.

The following is the order of business for items to be heard no earlier than 7:00 p.m.

4. SPECIAL AGENDA ITEMS

4.A. LGBTQIA+ Pride Month Proclamation

4.B. City Manager Report

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

5.A. Approval of Second Modification to Professional Services Agreement with RNC Capital Management LLC for investment management services Recommended Action
Staff recommends that the City Council award RFP 308 to RNC Genter Captial Management LLC (RNC) and authorize the City Manager to negotiate and execute a second modification to agreement #10366 (CCS) with RNC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds extending the term of the agreement for an additional five years for a total term of ten years and nine months. Management fees are determined by the market value of the assets under management, which varies over time based on market conditions. The portfolio value as of April 30, 2022 , was approximately $17.1 million. Assuming an increase in the portfolio value of 5% per year, staff estimates fees totaling approximately $600,000 for the additional five-year term.

5.B. Approval of purchase agreement to purchase twenty-five (25) cemetery plots back from The Independent Order of Odd Fellows.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a purchase and sale agreement with The Independent Order of Odd Fellows, in an amount not to exceed $87,500 for the purchase of twenty-five cemetery burial plots;

2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

City of Santa Monica Generated: 8/29/2022 11:56 AM Page 5

5.C. Award Bid to Cummins Inc. for Engine Parts
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4425 to Cummins Inc. for the purchase of Cummins engine parts for transit buses and Fire Department heavy-duty apparatus for the Transportation and Fire Departments;

2. Authorize the Procurement Manager to issue a purchase order with Cummins Inc. to provide replacement parts for Cummins engines on transit buses and Fire Department apparatus in the amount not to exceed $3,863,762 which includes a 10% contingency over a five-year period, with future year funding contingent on Council budget approval.

5.D. Approval of Term Extension for Seismic Peer Review Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to the following three agreements:

1. Agreement #10635 (CCS) with Degenkolb Engineers for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-andone-half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval;

2. Agreement #10636 (CCS) with IDS Group for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-andone-half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval;

3. Agreement #10637 (CCS) with JAS Pacific for seismic retrofit plan review services for the Community Development Department. The proposed twoand-a-half-year extended term and additional $200,000 in authority will result in a six-and-one-half year amended agreement with a new total amount not to exceed $625,000, with future year funding contingent on Council budget approval.

5.E. Award Request for Proposal and Enter into Agreement with Cotton, Shires and Associates, Inc. for Geotechnical Engineering Services
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 6 Recommended Action
Staff recommends that the City Council:

1. Award RFP# 323 to Cotton, Shires and Associates, Inc. for geotechnical engineering services for the Community Development Department, and

2. Authorize the City Manager to negotiate and execute an agreement with Cotton, Shires and Associates, Inc., in an amount not to exceed $45,000 (for one year, with four-additional one-year renewal options in the amount of $45,000, on the same terms and conditions) for a total amount not to exceed $225,000 over a five-year period, with future year funding contingent on Council budget approval.

5.F. Award Bid to Wincal Technology Corporation for Transit Bus On-Board Surveillance System Inspection and Repairs
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4424 to Wincal Technology Corporation for inspection and repairs to surveillance systems on board transit buses for the Department of Transportation, Big Blue Bus (BBB) Division.

2. Authorize the City Manager to negotiate and execute an agreement with Wincal Technology Corporation, in an amount not to exceed $684,361 which includes a 10% contingency over a five-year period, with future year funding contingent on Council budget approval.

5.G. Award Request for Proposal and Enter into Agreements for Recreational Community Classes and Camps
Recommended Action
Staff recommends that the City Council:

1. Award RFP #305 to Santa Monica Baseball Academy, Super Soccer Stars, Sarah Marsh, and Skateside, LLC for operating specialty recreational classes and camps for the Community Services Department;

2. Authorize the City Manager to negotiate and execute an agreement with Santa Monica Baseball Academy in an amount not to exceed $300,000 (for one year, with two additional one-year renewal option(s) in the amount of $300,000, on the same terms and conditions) for a total amount not to exceed $900,000 over a three-year period, with future-year funding contingent on Council budget approval;

3. Authorize the City Manager to negotiate and execute an agreement with Super Soccer Stars in an amount not to exceed $250,000 (for one year, with two additional one-year renewal option(s) in the amount of $250,000, on the same terms and conditions) for a total amount not to exceed $750,000 over a three-year period;

4. Authorize the City Manager to negotiate and execute an agreement with Sarah Marsh in an amount not to exceed $200,000 (for one year, with two additional one-year renewal option(s) in the amount of $200,000, on the same terms and conditions) for a total amount not to exceed $600,000 over a threeyear period, with future-year funding contingent on Council budget approval; and
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 7

5. Authorize the City Manager to negotiate and execute an agreement with Skateside, LLC in an amount not to exceed $200,000 (for one year, with two additional one-year renewal option(s) in the amount of $200,000, on the same terms and conditions) for a total amount not to exceed $600,000 over a threeyear period, with future-year funding contingent on Council budget approval.

5.H. Approval of Contract Modification with Open Counter Enterprises, Inc. for Permitting Technology Solutions
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to agreement #4384 for $228,281 with Open Counter Enterprises, Inc. for a modern technology platform supporting Special Events permitting processes. This will result in an eight-year amended agreement with a new total amount not to exceed $458,381 with future year funding contingent on Council budget approval.

5.I. Adoption of a Resolution accepting the tentative agreements and authorizing the City Manager to negotiate and execute Memoranda of Understanding with the Public Attorneys Union (PAU) and and the Public Attorneys’ Legal Support Staff Union (PALSSU) and a Side Letter of Agreement with the Coalition of Santa Monica Employees (Coalition), and revise the Executive Pay Plan Recommended Action
Staff recommends that the City Council:

1. Adopt the proposed Resolution (Attachment A) accepting the tentative agreements and authorizing the City Manager to negotiate and execute Memoranda of Understanding with the Public Attorneys Union (PAU) and the Public Attorneys’ Legal Support Staff Union (PALSSU) and a Side Letter of Agreement with the Coalition of Santa Monica Employees (Coalition), and revise the Executive Pay Plan (EPP);

2. Adopt the salary schedule (Attachment B); and

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

5.J. Approval of Cancellation of Regular City Council Meeting for August 9, 2022 Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting scheduled for August 9, 2022, due to a lack of a quorum for the summer break.

5.K. City Council - Regular Meeting - May 24, 2022 5:30 PM

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 8

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Introduction and Adoption of Urgency Ordinance Amending Allowed Parade Routes
Recommended Action
Staff recommends that the City Council introduce and adopt the attached emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 on parade routes to promote public safety and welfare.

10.B. Introduction and First Reading of Ordinance Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program and Adoption of a Resolution Establishing Fees
Recommended Action
Staff recommends that the City Council:

1. Introduce for First Reading an Ordinance adopting Santa Monica Municipal Code Chapter 6.42 to establish a permanent Santa Monica Outdoors Parklet Program;

2. Adopt a Resolution establishing monthly license fees for the Santa Monica Outdoors Parklet Program; and

3. Adopt the CEQA findings in the staff report under “Compliance with the California Environmental Quality Act”.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Adoption of resolution to place revenue measure on the November 2022 Ballot and amend the relevant ordinance to reflect the proposed revenue measure and additional clarifying changes
Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution to place a measure on the November 8, 2022 ballot which would increase the City’s Transient Occupancy Tax (TOT) rate by 1 percentage point for hotels and by 3 percentage points for home-shares, and make minor adjustments to Chapter 6.68 of the Santa Monica Municipal Code to clarify existing language and align outdated sections with existing practices.

2. Identify Council Members, if any, who wish to prepare arguments for or against the measure.

City of Santa Monica Generated: 8/29/2022 11:56 AM Page 9

12. PUBLIC HEARINGS
. SPECIAL JOINT MEETING OF THE CITY COUNCIL, HOUSING AND PARKING

AUTHORITY
. ROLL CALL

12.A. Adoption of the Second Year of the FY 2021-23 Biennial Budget, Adoption of the First Year and Approval of the Second Year of the FY 2022-24 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Adopt a Resolution of the City Council of the City of Santa Monica adopting the FY 2022-23 Operating Budget and adopting the first year and approving the second year of the FY 2022-24 Biennial Capital Improvement Program Budget at Attachment A, as amended by Attachment D;

2. Adopt a Resolution of the Housing Authority of the City of Santa Monica adopting the FY 2022-23 Operating Budget and adopting the first year and approving the second year of the FY 2022-24 Biennial Capital Improvement Program Budget at Attachment B, as amended by Attachment D; and

3. Adopt a Resolution of the Parking Authority of the City of Santa Monica adopting the FY 2022-23 Operating Budget and adopting the first year and approving the second year of the FY 2022-24 Biennial Capital Improvement Program Budget at Attachment C, as amended by Attachment D.

Staff also recommends that the City Council:

4. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fee schedule to establish and revise certain permit and user fees and charges (Attachment E);

5. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fine schedule to establish and revise the administrative citation schedule of fines for certain violations of the Santa Monica Municipal Code (Attachment F);

6. Adopt a Resolution the City Council of the City of Santa Monica establishing parking rates and permit fees for all City parking facilities and resources (Attachment G);

7. Adopt a Resolution of the City of Santa Monica establishing new classifications and adopting salary rates for various listed positions (Attachment H) and approve the position and classification changes (Attachment I);

8. Adopt a Resolution of the City of Santa Monica establishing the Gann appropriations limit for FY 2022-23 (Attachment J);

9. Adopt a Resolution incorporating a project funded by SB1: The Road Repair and Accountability Act (Attachment K);

10.Accept Continuum of Care Program Grant funds from the U.S. Department of Housing and Urban Development (HUD) in the amount of $4,447,586 to serve the homeless and disabled populations with housing subsidies. The funding for this grant is already included in the FY 2022-23 Proposed Budget; City of Santa Monica Generated: 8/29/2022 11:56 AM Page 10

11.Authorize the City Manager to accept a grant award in the amount of $24,777 from the U.S. Department of Justice (DOJ) Bureau of Justice Assistance the 2021 Bulletproof Vest Partnership (BVP) Grant to support the replacement of bulletproof vests and execute all necessary documents to accept the grant and all grant renewals. The funding for this grant is already included in the FY 2022-23 Proposed Budget;

12.Authorize the City Manager to accept a grant award in the amount of $54,255 from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) for implementation of the JAG 2021 Project “Overtime Operations and Equipment to Keep Neighborhoods Safe” and execute all necessary documents to accept the grant and all grant renewals;

13.Authorize the City Manager to negotiate and execute a fourth modification to Contract No. 10684 (CCS) with West Coast Care Foundation in the amount of $150,000 for homeless outreach services. This will result in a six-year amended contract not to exceed $1,150,000; and

14.Approve a new Citywide policy to provide six weeks of Paid Parental leave at 100% of the employee’s salary effective July 1, 2022.

15.Authorize the City Manager to negotiate and execute a memorandum of understanding for one year with the Santa Monica-Malibu Unified School District (SMMUSD) to provide supervised, afterschool playtime at SMMUSD’s elementary schoolyards.
. ADJOURNMENT OF SPECIAL JOINT MEETING

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Annual Appointments to the following Boards and Commissions:

Board/Commission No. of
Seats
Term
End Date
Special Requirements
Airport Commission 1 6/30/2026
Architectural Review Board 2 6/30/2026
At least one shall be a
professional licensed
architect.

Arts Commission 2 6/30/2026 Reside or work in
City of Santa Monica Generated: 8/29/2022 11:56 AM Page 11 Santa Monica
Commission on Sustainability,
Environmental Justice and the
Environment
2 6/30/2026
Disabilities Commission 3 6/30/2026
At least two must be selfidentified persons with a
disability.

Downtown Santa Monica, Inc. 3 6/30/2026
Shall be City residents or
persons who are employed,
own property or hold
business licenses in the
City of Santa Monica.

Housing Commission 2 6/30/2026
Landmarks Commission 3 6/30/2026
At least one must be a local
historian and one an
architectural historian.

Personnel Board 1 6/30/2027
Planning Commission 1 6/30/2026
Public Safety Reform and Oversight
Commission 2 6/30/2026
Recreation and Parks Commission 2 6/30/2026
Santa Monica Library Board 2 6/30/2026
Santa Monica Travel & Tourism, Inc. 3 6/30/2026
Shall be from Santa
Monica's community and
business leadership.

16.B. Appointment to one unscheduled vacancy on the Recreation and Parks Commission for a term ending on 6/30/2024.

16.C. Request of Councilmembers Oscar de la Torre, Christine Parra and Phil Brock to allocate $10,000 in City Council discretionary funds for the City Attorney to provide a legal review of the deed of March 3, 1888 by Arcadia Bandini granting beachfront property specifically and permanently for the healing and enjoyment of disabled veterans of the United States "the residents of the home". Acknowledge and confirm that the same language is written into the separate deed for the 300 acres, inland, that was executed on the same day, by the same attorney, of the same benefactors, for the same beneficiaries:

Disabled Veterans. Confirm that this two-deed, March 3, 1888, vision of Arcadia Bandini and Senator Jones mirrored the, March 4,1865, sentiment in President Abraham Lincoln's Inauguration speech, "to care for him that shall have borne the battle, his widow and his orphans". Provide background on the history of the Pacific Branch of the National Home for Disabled Volunteer Soldiers before Brentwood, Westwood, and UCLA were thought of. Confirm that in 2018 the Office of the Inspector General of the DVA, upheld a challenge by advocates for veterans citing that UCLA, Brentwood School and Maverick Energy (oil drilling) were "void", therefore illegal, Leases. • Assess if the Camp Lejeune Act supports this challenge? City of Santa Monica Generated: 8/29/2022 11:56 AM Page 12 • Ensure that land and funds promised to support veterans actually reach the intended recipients.
• Assess the need to issue an RFP to create a green, sustainable, complex for Veterans on the designated site or assess how funds generated from these properties might support much needed services for our unhoused disabled veterans.

A municipality that was, against the language of the Deed, allowed to control this beachfront property by the State of California, that also violates the Deed, must do the legal, moral, and ethical thing and, like the City of Manhattan Beach, acknowledge the deed exists and inform the State of California that this is land with the specific purpose to have a "pavilion" and a beach-house" for the "residents" of the "home" (WLA). America's moral obligation to genuinely care for her defenders belongs here, permanently, and the beachfront property is an integral part of the vision to keep that obligation alive.

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

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 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: June 28, 2022
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 13
1 Vernice Hankins
From: JOHN AGOGLIA <[email protected]>
Sent: Wednesday, June 22, 2022 6:19 PM
To: councilmtgitems
Subject: Major construction at McKinley

EXTERNAL
My name is john Agoglia
I am a 25 year Santa Monica resident and homeowner
I am writing on behalf of all the home owners on Chelsea Ave between Arizona and Santa Monica Blvd Recently I became aware of a major multi year construction project at McKinley school I learned of this by asking a survey crew what was going on Then contacted ALL of my neighbors
No one on Chelsea Ave or Chelsea Place have been contacted We then learned smmusd did " community outreach "
By posting in local news papers
Not contacting the residents most effected and only 35 feet from the construction sight and informing and inviting us to the meetings seems like a huge oversight and possible deliberate We are requesting to meet with school operations/ construction heads to discuss the plans etc But are not receiving any response
The " community outreach "
That SMMUSD did may follow the letter of the law ( it may not we will see) But it certainly did not fulfill the meaning of community outreach The SMMUSD recently did renovation on McKinley and received from the city an after hours permit with horrible results for our community
Saws metalwork all incredible loud late into the night
And when we requested them th stop we were met with profanity So my street and the homeowners are incredibly skeptical of "outreach" And the cooperation with our community
We are requesting the city council delay any progress/ permits until the Smmusd responds and includes the chelsea ave residents in there “outreach”
Item 1.A
06/28/22
1 of 13 Item 1.A
06/28/22

1.A.a
Packet Pg. 14
Attachment: Written Comments (5219 : Written Comments)
2 After many calls and e‐mails the SMMUSD just hasn’t responded I am hoping for a response so we can work together and resolve any issues before they arise John S Agoglia
Item 1.A
06/28/22
2 of 13 Item 1.A
06/28/22

1.A.a
Packet Pg. 15
Attachment: Written Comments (5219 : Written Comments)
1 Vernice Hankins
From: Shelley Fisher <[email protected]>
Sent: Monday, June 27, 2022 8:34 AM
To: councilmtgitems
Subject: Your watering guides

EXTERNAL
Hi
We appreciate the need for water monitoring.

However our days are Tuesday and Thursday which make no sense.

We Need more days in between. For example house Tuesday and Friday Tuesday and Saturday this is ridiculous A Property owner
Sent from my iPhone
Item 1.A
06/28/22
3 of 13 Item 1.A
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1.A.a
Packet Pg. 16
Attachment: Written Comments (5219 : Written Comments)
June 26, 2022
Dear Santa Monica City Councilmembers:

The tenants of Santa Monica need and deserve your timely and effective intervention on an issue of great significance to their security in their homes. Due to historically high inflation, rentcontrolled tenants face up to a 6% rent increase starting in September 2022. This threatened rent increase constitutes a crisis for all rent-controlled tenants, all of whom already have to stretch their budgets to cover soaring gasoline and food costs. And it constitutes an absolute dire emergency for the roughly three-in-ten (9,500+ total) Santa Monica renter households who are both lower income and already “housing cost burdened” according to HUD (because they already spend more than 30% of their limited incomes on rent and utilities), and most especially for the roughly two-in-ten (6,500+ total) Santa Monica renter households who are both lower income and already “severely housing cost burdened” according to HUD (because they already spend more than half their limited incomes on rent).

SMRR urges the City Council to take three actions in response to this crisis:

1. Place on the November 2022 ballot an amendment to the City Charter that lowers the maximum annual general adjustment allowed from the current 6% to 3%. The ballot measure should provide that this new cap will become effective immediately upon passage (or, if deemed legally more proper, on December 1, 2022 or January 1, 2023), and that any generaladjustment rent increase above 3% imposed by a landlord from September 1, 2022 through the effective date of the Charter amendment must be reduced to just 3% going forward (as must the Maximum Allowable Rent for purposes of future application of the Santa Monica Rent Control Law). If legally permissible, the ballot measure also should provide for refunds to tenants of all amounts collected in excess of the 3% cap for the period from September 1, 2022 through the prospective effective date of the new cap. 3% is the permanent cap on the general adjustment just enacted by the City of Oakland for purposes of its rent control law;

2. If legally permissible, pass an ordinance prohibiting a rent-controlled landlord from charging more than the current maximum allowable rent plus 3% during the period from September 1, 2022 through the proposed effective date of the Charter amendment (unless the landlord demonstrates through the petition process described in the Charter that it cannot earn the constitutionally mandated fair return absent a larger rent increase).

The combination of these first two proposals should prevent general rent increases of more than 3% for the year starting in September 1, 2022 and for each year thereafter; and Item 1.A
06/28/22
4 of 13 Item 1.A
06/28/22

1.A.a
Packet Pg. 17
Attachment: Written Comments (5219 : Written Comments)

3. Withdraw or reject the proposal of Councilmember Brock to place on the November 2022 ballot his transfer tax measure, which does not provide even one penny for ongoing or emergency rent subsidy programs, and instead support the citizens’ initiative signed by more than 10,000 Santa Monica residents that will provide an estimated $10 million to $20 million in annual funding for ongoing and emergency rent subsidy programs as needed.

A detailed explanation of both the current crisis and SMRR’s proposed solutions follows.

I. THE UNFAIR AND UNNECESSARY RENT-INCREASE CRISIS FACING SANTA MONICA’S RENT-CONTROLLED HOUSEHOLDS
The current formula for calculation of the annual General Adjustment of the maximum allowable rent landlords may charge for rent-controlled apartments in Santa Monica (“the GA”) is 75% of the change in the Consumer Price Index (All Urban Consumers, Los Angeles, Riverside, Orange County region) (“the CPI”) for the twelve month period ending as of March of the current year.

The GA is subject to an absolute cap of no more than 6%, and the Rent Control Board (“the RCB”) has discretion to impose an additional absolute dollar cap calculated in the manner prescribed in the Charter.
1 This formula for calculation of the GA was approved by Santa Monica voters in 2012. At that time Santa Monica’s 6% cap was lower than the cap in other California cities with comparable rent control laws.
2 As everyone is painfully aware, inflation now is at a 40 year high due to a combination of the effects of the COVID pandemic and the Russian invasion of Ukraine. As a result, the CPI used in the 2022 GA calculation rose 8.5%. Under the existing Charter provisions, this means that the GA rent increase effective September 1, 2022 for each rent-controlled household in Santa Monica will be the lesser of 6% of the current monthly rent, or $140 per month (the absolute dollar cap calculated in the manner prescribed by the Charter, and adopted by the RCB at its June 9, 2022 meeting).

This level of increase in monthly rent, on top of the more broadly-based inflation, would not be fair, nor equitable, nor appropriate for Santa Monica’s rent-controlled tenants. The looming 6% rent increase presents a crisis for any rent-controlled household at this time when gasoline prices have climbed over 40%, and grocery prices have risen over 10%. But the looming 6% rent increase presents an absolute dire emergency for the 9500+ Santa Monica renter households that are both lower income and already identified by HUD as housing cost burdened (i.e., paying more than 30% of their limited income for rent and utilities), and most especially for the 6500+ such households already identified by HUD as severely housing cost burdened because they already pay more than half their limited income for rent and utilities:
1 See Santa Monica Charter Section 1805.
2 See, e.g., June 28, 2012 RCB Staff Report entitled “Proposed Change to the Rent Control Charter Amendment Relating to Calculating the Annual General Adjustment and Allowing for a Dollar-Amount Ceiling” at 3-4 (lowest GA cap among Berkeley, East Palo Alto, Los Angeles, San Francisco and West Hollywood was 7%).

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(Source: HUD Community Housing Assessment Data for Santa Monica City. Lower Income households are those earning 80% or less of the HUD Area Median Family Income (HAMFI).) Nor is a 6% rent increase generally necessary to assure the constitutionally mandated fair return to landlords. The GA system was developed at a time when Santa Monica had vacancy control; that is, rents did not reset to the current market rates even when an old tenant vacated the apartment and a new tenant moved in. The GA system assured that landlords continued to earn a fair return despite vacancy control.

As of 1999, however, the State (through the Costa-Hawkins Rental Housing Act) imposed a vacancy decontrol system on Santa Monica whereby the rent in each apartment reset to market every time an old tenant vacated and a new tenant moved in. As a result, more than 73% of the rent-controlled apartments in the City have reset to market rent levels at least once since 1999, 3 and many have reset multiple times (a trend that is accelerating). 4 Indeed, among rent controlled
properties consisting of 4-15 units (the size of property which makes up 90% of all rentcontrolled properties), 90% have had more than half of their units reset to market at least once since 1999, and 98% have had at least one unit reset.5
Given the foregoing, as well as the steep upward trend in Santa Monica rents since 1999, most landlords already receive far more than the rent necessary to assure the constitutionally mandated fair return on their investment. This is illustrated by the following table from page 17 of the 2021 RCB annual report which shows that the median rents on those rent-controlled apartments that have reset to market at least once are more than double the rents on comparable apartments that only have had GA adjustments (which already are generally sufficient to assure a fair return to the landlord):
3 See 2021 RCB Annual Report at 11-12 & Fig. 3.
4 For example, the RCB’s 2019 Annual Report—the last annual report prior to the COVID-19 pandemic—advises that sixty-five percent of the tenants who moved into rent-controlled units in 2015 already had moved out four years later. That same report also advises that of the tenancies that began in 2019, 46 percent replaced tenants who had moved in during the prior three years and that “[t]his is a higher percentage than had vacated in the three years prior to 2018, suggesting the pace at which recent tenants vacate is increasing.” See 2019 RCB Annual Report at 20. 5 See 2021 RCB Annual Report at 13 & Fig. 6.

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II. SMRR’S PROPOSED SOLUTIONS
The current unfair and unnecessary rent-increase crisis threatens the very purpose for which the voters enshrined rent control in the Santa Monica City Charter: “so that rents will not be increased unreasonably and so that landlords will receive no more than a fair return.”6 The RCB concluded that the Charter gives it no power to deviate from the GA provisions set forth in Section 1805, and therefore it cannot avert this crisis. 7 The City Council therefore must act.

A. Place On The November 2022 Ballot A Charter Amendment Limiting The GA To A Maximum Of 3% Per Year
The fundamental flaw in the Charter revealed by the current crisis is that the GA cap of 6% is too high. It is too high because such a rent increase will cause the very hardship and housing instability that the Santa Monica Rent Control Law seeks to avoid, and because State mandatedvacancy decontrol has rendered such an increase unnecessary to provide landlords their constitutionally mandated fair return.

The Oakland City Council recently amended its rent control law to permanently cap the annual general adjustment at 3%. Absent that action, Oakland rent-controlled tenants would have faced a 6.7% rent increase (even higher than what current Santa Monica law permits).

Because the Santa Monica Rent Control Law is in the City Charter, the City Council should place on the November ballot a measure to amend the Charter to lower the GA cap from 6% to 3%. Such a cap is a proper means of protecting rent-controlled households from unreasonable rent increases while still assuring landlords of their constitutionally mandated fair return. For the GA to exceed 3% as it currently is calculated (i.e., at 75% of the annual change in CPI measured as of March), the change in CPI itself must exceed 4% (because 75% of 4% = 3%). But that has occurred only twice in the last 30 years—this year, and in 2006 (a year in which 75% of CPI equaled 3.5%)—as is shown in the following table of annual CPI changes as reported by the Bureau of Labor Statistics:
6 Santa Monica Charter Section 1800.
7 See June 9, 2022 RCB Report entitled “Public hearing on proposed Charter amendment to give the Board discretion to suspend rent increases during a declared emergency” at 2.

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(Source: Bureau of Labor Statistics, CPI for All Urban Consumers, 12-Month Percent Change, Los Angeles-Long Beach-Anaheim, CA. The GA as currently calculated would exceed 3% only when the annual CPI change as of March reported here exceeded 4%.)
Thus, a 3% cap only limits the GA in extraordinary times (just as the floor of 0% protects landlords from a reduction in rent in extraordinary times, such as occurred in 2009 when 75% of CPI equaled a decrease of 0.75%). Such a limit to protect rent-controlled households is proper given that (1) vacancy decontrol more than makes up for any occasional limit on the GA due to the cap, thereby generally assuring landlords of their constitutionally mandated fair return, and (2) to the extent that an occasional individual landlord requires a greater increase to assure a fair return, it has the right to file a rent increase petition with the RCB.

This ballot measure should provide that the new cap will become effective immediately upon passage (or, if deemed legally more proper, on December 1, 2022 or January 1, 2023), and that any increase in rent above the 3% cap that became effective at any time from September 1, 2022 through the effective date of the Charter amendment must be reduced to just 3% going forward Item 1.A
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(as well as the Maximum Allowable Rent for purposes of future application of the Santa Monica Rent Control Law).
8 If legally permissible, the ballot measure also should provide for refunds to tenants of all amounts collected in excess of the 3% cap for the period from September 1, 2022 through the effective date of the new cap. The City Attorney needs to provide advice to the City Council on this issue, but we note that factors that could favor the legality of such a provision include (1) the importance of the public policy of protecting renters from unreasonable and unnecessary rent increases—particularly in this time of high inflation (caused by the Russian invasion of Ukraine and supply chain issues caused by the COVID-19 pandemic), with the lingering other economic and health effects of the COVID-19 pandemic, and the massive numbers of rent burdened lower income tenants in the City, (2) the minimal impact on landlords (i.e., nothing more than a return of rent above a 3% increase that at most could have been collected for a few months), and (3) the lack of reasonable reliance by landlords in light of their knowledge prior to September 1, 2022, that a provision ordering a refund of rent increases above 3% will appear on the November 2022 ballot.

B. Pass An Ordinance Prohibiting Rent-Controlled Landlords From Charging More Than The Current Maximum Allowable Rent Plus 3% During The Period From September 1, 2022 Through The Prospective Effective Date Of The Charter Amendment
The vote on a Charter amendment to cap the GA at 3% will not take place until November 8, 2022. In order to prevent landlords from imposing 6% rent increases prior to the voters having the opportunity to consider and adopt the proposed Charter amendment, the City Council should—if legally permissible—pass an ordinance prohibiting rent-controlled landlords from charging more than the current maximum allowable rent plus 3% at any time during the period from September 1, 2022 through the prospective effective date of the Charter amendment (unless authorized by the RCB pursuant to an individual adjustment petition).

The City Attorney needs to provide advice to the City Council on this issue. We note the following.

First, the Santa Monica Rent Control Law does not state that a landlord is affirmatively authorized to charge the maximum lawful rent as calculated under that law. Rather, it simply states that a landlord may not charge more than the maximum lawful rent as calculated under that law. There is no express conflict between that prohibition and an ordinance requiring landlords, to charge less than the maximum lawful rent as calculated under existing law during the period that the voters are considering whether to amend the Charter to lower the maximum lawful rent.

Second, the RCB—the agency charged with enforcement of the Santa Monica Rent Control Law—has determined that the law does not provide it with the power to determine a generally applicable rent increase other than pursuant to the formulas set forth in Charter Section 1805, 9 8 This is the approach taken by the Legislature when it adopted AB 1482. See California Civil Code § 1947.12(h)(2)(A).
9 See June 9, 2022 RCB Report entitled “Public hearing on proposed Charter amendment to give the Board discretion to suspend rent increases during a declared emergency” at 2.

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Attachment: Written Comments (5219 : Written Comments)
and therefore that the RCB has no power to consider whether a lower rent increase is generally necessary and/or appropriate in these extraordinary times in order to advance the general health and welfare and/or the overall purposes of the Santa Monica Rent Control Law. Given that the RCB lacks this police power, the Charter expressly provides that this police power remains with the City Council: (1) Section 400 of the Charter provides that “[t]he City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California,” and that “[t]he enumeration in this Charter of any particular power shall not be held to be exclusive of or any limitation upon, this general grant of power,” and (2) Section 605 of the Charter provides that “[a]ll powers of the City shall be vested in the City Council, subject to the provisions of this Charter and to the Constitution of the State of California.” Third, because the RCB has determined that it lacks this police power, exercise of this police power by the City Council does not constitute interference with the RCB’s exercise of its powers and duties under the Santa Monica Rent Control law within the meaning of Section 1802 of the Charter. Moreover, because the proposed ordinance would expressly allow landlords to charge more than the current maximum allowable rent plus 3% if the RCB determines that an individual adjustment is proper, the proposed ordinance would not constitute interference with the powers and duties of the RCB to make individual adjustments when warranted.

Fourth, the Costa-Hawkins Rental Housing Act does not eliminate this police power. The only prohibition in that Act on local regulation of ongoing (as opposed to initial) rental rates for a tenancy is found in California Civil Code Section 1954.52(a), a section that only applies to buildings whose certificates of occupancy were issued on or after February 1, 1995. This necessarily excludes rent-controlled buildings in Santa Monica, given that the Rent Control Law expressly exempts rental units and dwelling constructed after the adoption of that law in April of 1979.10
Fifth, AB 1482 does not eliminate this police power. California Civil Code Section 1947.12(m)(3) expressly states that “[n]othing in this section . . . affects the existing authority of a local government to adopt or maintain rent controls or prices controls consistent with [the Costa Hawkins Rental Housing Act].” As just discussed, nothing in Costa-Hawkins precludes the City Council from adopting the proposed ordinance.

C. Withdraw Or Reject Councilmember Brock’s Transfer Tax Proposal— Which Provides NO MONEY For Emergency Or Ongoing Rent Subsidy Programs—And Support Instead The Citizens’ Initiative Transfer Tax Measure Which Will Provide An Estimated $10 Million To $20 Million Annually For Use In Such Programs As Needed
As already explained, the potential 6% increase in rents is a crisis for all rent-controlled households, and is an absolute dire emergency for the 9500+ Santa Monica renter households that are both lower income and already identified by HUD as “housing cost burdened” (i.e., paying more than 30% of their limited income for rent and utilities), and most especially for the 6500+ such households already identified by HUD as “severely housing cost burdened” because they already pay more than half their limited income for rent and utilities. 10 See Santa Monica Charter Section 1801(c)(5).

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Attachment: Written Comments (5219 : Written Comments)
Even with adoption of the first two SMRR proposals, rent-controlled households will face a 3% increase in rent starting on September 1. While far better than a 6% increase, even this 3% increase will be larger than any other GA increase during the preceding decade, and will be twice the average GA increase during the previous ten years:
(Source: July 28, 2021 RCB Fact Sheet on Registration Fees and Surcharges.) Even before the crisis posed by the pending 6% rent increase, the need for the City to fund emergency and ongoing rent subsidy programs to help keep our rent-burdened lower-income neighbors in their homes with dignity was obvious. Unless the City is prepared to turn its back on its most vulnerable residents—including many elders, children, and persons facing physical and/or mental challenges—it must find the resources to fund emergency and ongoing rent subsidy programs. Otherwise, Santa Monica will lose its soul and become an economicallygated community, a Beverly Hills by the Sea.

It is not surprising then that more than 10,000 Santa Monica residents signed petitions to place on the November ballot the citizens’ initiative entitled “Funding for Homelessness Prevention, Affordable Housing and Schools.” This initiative will support a comprehensive set of programs to keep Santa Monica an economically inclusive City where all of its residents—including lower income residents of all ages—can live and thrive. As most directly relevant to the looming rent increase crisis, that initiative if passed by the voters will make an estimated $10 million to $20 million available annually for use as needed in emergency and ongoing rent subsidy programs. It will do so by imposing a 5% tax on the entire proceeds of sales of only those properties worth $8 million or more. A similar citizens’ initiative transfer tax measure will appear on the Los Angeles City ballot in November after some 100,000 Angelinos also signed petitions there.

Inexplicably, Councilmember Brock has proposed that the City Council put a competing transfer tax measure on the November ballot in an openly stated effort to defeat the citizens’ initiative.

Despite the suffering of so many rent-burdened lower-income Santa Monica residents—suffering that the looming rent increase crisis will only make worse—Councilmember Brock’s alternative Item 1.A
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does not provide even one penny for ongoing or emergency rent subsidy (or for any of the other programs designed to maintain an economically inclusive Santa Monica).

Councilmember Brock’s proposal was raised during a budget discussion at around 1 a.m. in the morning at a City Council meeting that Mayor Himmelrich (an official proponent of the citizens’ initiative) could not attend because she was sick at home with COVID-19. We hope that, with the clear light of day and further opportunity to reflect, Councilmember Brock will withdraw his proposal to undermine the citizens’ initiative and to deprive the City of the funds it needs to address the critical needs of so many of its rent-burdened lower-income residents. But if that hope is dashed, SMRR calls on the rest of the City Council to reject his competing transfer tax measure. If additional funds are needed by the City for other purposes, City Council should propose some other form of non-competing tax measure. Santa Monica values demand nothing less.

Thank you for considering SMRR’s views on this critical issue.

Sincerely,
Denny Zane Mike Soloff
Co-Chair, Santa Monicans for Renters’ Rights Co-Chair, Santa Monicans for Renters’ Rights Item 1.A
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Attachment: Written Comments (5219 : Written Comments)
1 Vernice Hankins
From: Gil Bindelglas <[email protected]>
Sent: Tuesday, June 28, 2022 5:16 PM
To: councilmtgitems
Subject: Rent Eviction Moratorium Extension Request

EXTERNAL
To Whom It May Concern,
I am a Santa Monica resident living in a rent controlled unit.

I participated in the rent deferment program as a result of the Covid-19 Pandemic.

Though I did receive some rental assistance from the state, I still owe back rent.

I am trying to negotiate a payment plan with my landlord to pay off what I owe. However, the eviction moratorium ends on June 30.

While I am able to pay the current monthly rent, paying the back rent due in one lump sum will be leave me in severe hardship.

I know the city of Los Angeles has extended the eviction moratorium through June of 2023.

Given the current state of the economy and the continued difficulties resulting from the pandemic, I wish to strongly urge the Council to extend the eviction moratorium.

Otherwise, there will likely be a deluge of evictions that will be adversely impacting low income individuals and minorities.

At the very least a temporary emergency extension should be granted until a more permanent solution is obtained.

Thank you in advance for your consideration. Any assistance or response would be appreciated.

Best,
Gil Bindelglas
Santa Monica
Sent with Proton Mail secure email.

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City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 3.A
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATA-Administrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRE-Santa Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STA- Supervisory Team Associates; Coalition of Santa Monica City Employees.

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

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City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 4.A
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To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: LGBTQIA+ Pride Month Proclamation
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 4.B
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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: June 28, 2022
Agenda Item: 5.A
1 of 5
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Approval of Second Modification to Professional Services Agreement with RNC Capital Management LLC for investment management services Recommended Action
Staff recommends that the City Council award RFP 308 to RNC Genter Captial Management LLC (RNC) and authorize the City Manager to negotiate and execute a second modification to agreement #10366 (CCS) with RNC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds extending the term of the agreement for an additional five years for a total term of ten years and nine months. Management fees are determined by the market value of the assets under management, which varies over time based on market conditions. The portfolio value as of April 30, 2022 , was approximately $17.1 million. Assuming an increase in the portfolio value of 5% per year, staff estimates fees totaling approximately $600,000 for the additional five-year term.

Executive Summary
The City currently retains RNC Genter Capital Management LLC (RNC) to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds. Investment guidelines for the two funds are established by City Council and, due to the investment in equities, retention of an investment manager for these portfolios is required.

Staff recommends a second modification to extend agreement #10366 for an additional five years. Staff recently posted an RFP for investment management services, and RNC was the only firm that submitted a proposal.

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As is standard practice for investment management agreements, fees for this contract are determined as a percentage (0.6%) of the value of the assets under management. Based on the current asset value of the two funds (approximately $17.1 million as of April 30, 2022) and assuming 5% annual growth in the portfolio value, it is estimated that fees for the five-year contract extension period will be approximately $600,000. The actual fee amount will vary based on the fluctuating market value of the assets under management.

Discussion
The City owns and operates the Woodlawn Cemetery and the Mausoleum located on the cemetery grounds. Perpetual Care is sold with each burial plot, crypt or niche. The funds received for perpetual care are deposited into the Cemetery Perpetual Care Fund or Mausoleum Perpetual Care Fund as appropriate. Cemetery and Mausoleum Perpetual Care Funds are private funds held in trust and managed by the City. These funds are invested by an outside investment manager under guidelines established by the City Council. The income from these funds is used to pay for perpetual care costs. The principal portion of the funds can only be used for investment purposes. A significant portion of the perpetual care funds are invested in equities (up to 60%), with the remainder primarily invested in fixed income instruments. The major objective of the investment portfolio is maximizing portfolio income to pay for perpetual care costs after first protecting the principal value of the portfolio and complying with legal guidelines. Investments must also comply with the City’s Socially Responsible Investing (SRI) guidelines.

Vendor/Consultant Selection
Bidder Recommendation

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Best and Only
Bidder
RNC Genter Capital Management LLC
Evaluation Criteria Financial stability of vendor, experience/technical competence, ability to meet work plan/timelines, quality control, cost of services, cost control, technology solutions for processing and reporting information and project
collaboration, stability, references, and value added-breadth of service.

Municipal Code SMMC 2.24.190
RFP Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
1/13/22 City's Online
Bidding Site
Santa Monica Daily
Press
17 2/14/22
Additional Vendor Outreach & Justification to Award
RNC is recommended as the best bidder because they have experience working with the City and have met the investment requirements set by Council including the SRI goals. The firm’s history dates to 1968 and they have focused on the conservative management of large capitalization equity, balanced and fixed income investment strategies. In addition, RNC has years of experience working with municipalities. The City’s current agreement with RNC was executed on November 15, 2016 and terminates on August 12, 2022.

Staff reached out to several firms for feedback on why they did not submit a proposal. Many firms that downloaded the proposal later determined that the scope of service did not fit with their firms’ business. Several firms were interested but paused because of investment requirements including SRI goals, the volume of work, or inadvertently missed the deadline.

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Past Council Actions
Meeting Date Description
9/27/2016
(Attachment A)
Award Contract with RNC Capital Management LLC to Provide Investment Management Services
10/12/2021
(Attachment B)
Approval of First Modification to Professional Services Agreement with RNC Capital Management LLC to provide
investment management services
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Cemetery Fund to increase the amount of the agreement with RNC Genter Capital Management LLC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds. This extends the agreement for an additional five years with an estimated increase in investment management fees of approximately $600,000. Funding is available in the adopted FY 2021-22 budget.

Agreement Modification Request
Agreement
#
Estimated
Expenditures
Through Original
Contract Term
Estimated Additional
Fees from Term
Extension
Dept/CIP
Account #
Total Revised
Estimated
Contract Amount
(including
optional years)
10366 $496,206 $600,000 59500001.552010 $1,096,206
Future year funding is contingent on Council budget approval.

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Prepared By: Gigi Decavalles-Hughes, Director
Approved Forwarded to Council
Attachments:

A. Attachment A - RNC Staff Report
B. Attachment B - RNC First Modification
C. rnc oaks fy21-22
D. RNC Contract No. 10366

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City Council
Report
City Council Meeting: September 27, 2016
Agenda Item: 3.J
1 of 4
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Award Contract with RNC Capital Management LLC to Provide Investment Management Services
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a five-year professional services agreement with RNC Capital Management LLC, a California-based company, to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds. Fees depend on the value of the funds under management and additional pass-through amounts for investments in certain instruments. Based on the value of the portfolio as of June 30, 2016, staff estimates annual fees would be approximately $69,000.

Executive Summary
The City requires consulting services to manage investment of the Woodlawn Cemetery and Mausoleum perpetual care funds, which are subject to different requirements than other City funds. Council approved Nelson Capital Management (Nelson Capital) as the investment manager in June 2014. RNC Capital Management LLC (RNC) served as the former investment manager, from 1992 through 2014.

Following operational and ownership changes at Nelson Capital that affect the consultant’s ability to meet City needs, staff recommends that the City enter into a new agreement with RNC Capital for perpetual care fund investment management.

The new contract would be for a total of five years, ending in 2021, with a $69,000 estimated annual cost.

Background
The City owns and operates Woodlawn Cemetery and Mausoleum. A portion of the sale of each burial plot, crypt, or niche is set aside for perpetual care services and is deposited into the Cemetery or Mausoleum perpetual care fund, as appropriate. The income from these funds is used to pay for perpetual care costs. Perpetual care funds have a distinct set of investment guidelines, which are set by Council rather than by

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Attachment: Attachment A - RNC Staff Report (5037 : Second Modification with RNC Capital Management LLC for investment management 2 of 4
State law as is the case for other City investments, and which therefore require the specialized investment expertise and continuous monitoring of an investment manager.

RNC managed the City’s investments for the Cemetery and Mausoleum perpetual care funds from 1992 until 2014. On April 8, 2014, Council authorized the City’s current agreement with Nelson Capital following a competitive process (Attachments A, B). The current agreement provides a term of five years, ending in 2019.

Discussion
Staff recommended Nelson Capital as the firm best able to meet the City’s needs following the 2014 Request for Proposal process. Specific decision factors included Nelson Capital’s approach to developing an investment plan for the portfolio consistent with the Cemetery and Mausoleum’s long-term goals, the ability to tailor the portfolio to meet these goals, and the firm’s expertise in the areas of socially responsible investing.

At the time of the agreement, Nelson Capital was a wholly owned but separately operated subsidiary of Wells Fargo Bank. In May 2016, Nelson Capital advised the City that it would merge into the Wells Fargo Private Bank Wealth and Management Group (Wells Fargo) as of June 30, 2016. This change would require the City to modify and re-sign the agreement, as Nelson Capital no longer exists as an entity, and provides the option to reconsider and potentially terminate the agreement. The change would also result in the Cemetery and Mausoleum portfolio and the City’s overall portfolio being handled by the same custodian. After a review and analysis of the changes that would occur under new management, and taking into consideration the preference to maintain some diversification in the City’s various investment activities, staff recommends that the City enter into a new agreement rather than transferring the current contract. Staff further recommends that the City enter into a new agreement with RNC Capital Management LLC (RNC).

The factors leading to the selection of Nelson Capital no longer apply following the elimination of Nelson Capital and the departure of the Senior Portfolio Manager responsible for managing these funds. Staff therefore recommends that the City terminate its current agreement and award the contract for investment services to RNC, based on the strength of its proposal and long-term, successful relationship with the

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Attachment: Attachment A - RNC Staff Report (5037 : Second Modification with RNC Capital Management LLC for investment management 3 of 4
City. RNC was the second ranked firm in the June 2014 competitive process, and managed the Cemetery and Mausoleum portfolios from 1992 through 2014. RNC has agreed to honor its 2014 proposal terms, including a fee at the current rate of 0.6% of the value of the portfolio. The term of the contract would be five years.

Vendor Selection
Staff created a qualified list of vendors to provide perpetual care fund investment services through the 2014 competitive process. Due to this recent process, staff was able to select from an existing qualified list of vendors, rather than reissuing a request for proposals.

RNC’s proposal was the second choice of the Selection Committee out of six bidders in 2014 (Attachment C), and has a strong record of investment performance. As a former manager of the Cemetery and Mausoleum Perpetual Funds from 1992 through 2014, RNC is very familiar with the goals and objectives of the portfolio, including the socially responsible guidelines. RNC’s experience during its tenure included implementing prior divestment of City funds from South Africa, Myanmar, and Arizona based companies, and the current policy of fossil fuel divestment. RNC currently manages over $4 billion in assets.

Financial Impacts and Budget Actions
The annual fee for the investment management services will not change from the current rate of 0.6% of the value of the portfolio. Certain additional pass-through fees could apply if investments are made in certain products, such as mutual funds. The value of the account as of June 30, 2016 was approximately $11.5 million. Therefore, annual fees at the current portfolio value would be approximately $69,000 ($11.5 million x 0.6%). Fees in subsequent years will vary based on the value of the investment portfolio.

Funds are available in the FY 2016-17 budget in division 37641. The agreement will be charged to 37641.555060. Future funding is contingent on Council approval and budget adoption.

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Attachment: Attachment A - RNC Staff Report (5037 : Second Modification with RNC Capital Management LLC for investment management 4 of 4
Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:

A. April 8, 2014 Staff Report
B. January 7, 2014 Request for Proposals
C. RNC Proposal

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Attachment: Attachment A - RNC Staff Report (5037 : Second Modification with RNC Capital Management LLC for investment management City Council
Report
City Council Meeting: October 12, 2021
Agenda Item: 3.H
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Approval of First Modification to Professional Services Agreement with RNC Capital Management LLC to provide investment management services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10366 (CCS) with RNC Genter Capital Management LLC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds extending the term of the agreement for an additional nine months for a total term of five years and nine months. Management fees are determined by the value of the assets under management. Based on the value of the portfolio as of June 30, 2021, staff estimates the extension of the term of the contract will result in an additional $78,600 in fees.

Summary
The City currently retains RNC Genter Capital Management LLC (RNC) to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds. Investment guidelines for the two funds are established by City Council and, due to the investment in equities, retention of an investment manager for these portfolios is required.

Staff recommends a first modification to extend agreement #10366 for an additional nine months. As is standard practice for investment management agreements, fees for this contract are determined as a percentage (0.6%) of the value of the assets under management. Based on the current asset value of the two funds (approximately $17.5 million as of June 30, 2021), it is estimated that fees for the nine-month contract extension period will be approximately $78,600. The revised estimated total for the extended contract is $496,206. The actual fee amount will vary based on the fluctuating value of the assets under management. The nine-month extension would ensure that

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Attachment: Attachment B - RNC First Modification (5037 : Second Modification with RNC Capital Management LLC for investment 2 of 3
staff has enough time to complete a Request for Proposal (RFP) process for investment management services.

The principal portion of the funds can only be used for investment purposes.

The City’s current five-year agreement with RNC terminates on November 11, 2021. Staff is in the initial steps of conducting an RFP process for investment management services. The City’s restructuring to mitigate the financial challenges caused by the COVID-19 pandemic has reduced staff resources and delayed the RFP process. An extension to the contract is requested to ensure a judicious selection process and allow adequate time for contract negotiation and to transition to a new firm, if required.

Past Council Actions
Meeting Date Description
9/27/2016
(Attachment A)
Award Contract with RNC Capital Management LLC to Provide Investment Management Services
.

Financial Impacts and Budget Actions
Staff seeks authority to extend the term of the agreement with RNC to provide investment management services for the Cemetery and Mausoleum Perpetual Care Funds for an additional nine months. This results in an estimated increase in management fees of $78,600 bringing the total estimated contract amount to $496,200. The increase in the total estimated contract amount of $69,000 annually is a function of both the extension of the contract term as well as the increase in the portfolio value from $11.6 million at

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Attachment: Attachment B - RNC First Modification (5037 : Second Modification with RNC Capital Management LLC for investment 3 of 3
the time of contract execution to the current value of $17.5 million (as of June 30, 2021). Funding is available in the adopted FY 2021-23 Biennial Budget in the Cemetery Fund (Public Works Department). Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement
#
Estimated
Expenditures Through
Original Contract
Term
Estimated
Additional Fees from
Term Extension
Dept/CIP Account #
Total Revised
Estimated
Contract Amount
10366 $417,608 $78,600 59500001.552010 $496,208
Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:

A. Staff Report 9/27/2016 - Award Contract with RNC Capital Management LLC to Provide Investment Management Services (Web Link)
B. RNC OAKS FY21-22

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Attachment: Attachment B - RNC First Modification (5037 : Second Modification with RNC Capital Management LLC for investment

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Attachment: rnc oaks fy21-22 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services)

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Attachment: RNC Contract No. 10366 (5037 : Second Modification with RNC Capital Management LLC for investment management services) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.B
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Cemetery Subject: Approval of purchase agreement to purchase twenty-five (25) cemetery plots back from The Independent Order of Odd Fellows.

Recommended Action
Staff recommends that the City Council:

2. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
The City-owned Woodlawn Cemetery provides cemetery and mortuary services to the Santa Monica community. As burial plot inventory is depleting, staff recommends purchasing 25 unused burial plots from The Independent Order of Odd Fellows to increase available inventory for the community’s use. Plots would be purchased at a cost of $3,500 per plot for a total cost of $87,500. The purchase would be fully covered by the Cemetery Fund.

Discussion
Woodlawn Cemetery (Woodlawn) has been providing cemetery services to the Santa Monica community for 125 years. Plot sales make up 45% of Woodlawn's operating revenue. In order to maintain operations and provide sufficient burial options, staff needs to continually evaluate methods for adding burial plots to the available inventory. Staff recommends the purchase of twenty-five (25) unused burial plots from

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The Independent Order of Odd Fellows, which would add approximately one year’s worth of inventory to Woodlawn’s portfolio for community use.

In 1877, the Odd Fellows purchased 267 burial plots at Woodlawn for their membership, and in 1927 the organization purchased the perpetual care for the graves. 145 years later, approximately 88 of the 267 lots remain unused. Currently, the Odd Fellows use one plot every three years for interment.

According to Municipal Code 7.20.070, no person may resell any plot, crypt, or niche to a third party. Only Woodlawn has the legal authority to buy back plots from a private entity. Thus, staff and Odd Fellows leadership have engaged in negotiations for the sale of the 25 burial plots back to Woodlawn. Woodlawn and City Attorney staff are ready to prepare a purchase and sale agreement for this acquisition. As part of the purchase transaction, a quitclaim deed will be executed in favor of the City and the property will be returned to Woodlawn’s inventory for pre-need and at-need cemetery plot sales.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Cemetery Fund to purchase twenty five burial plots from The Independent Order of Odd Fellows with the following one-time budget changes. Plot purchase price was mutually agreed upon by both parties based on the age, and the volume of plots that are subject to this report.

FY 2022-23 Budget Changes
Appropriate Funds
Account Number(s) Amount
59500001.532300 $87,500
Purchase and Sale Agreement Request
FY 2022-23
Budget
Request
Amount
Department Account # Total Contract
Amount
$87,500 59500001.532300 $87,500

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The revenue budget changes from the resale of property will be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Adam Lopez, Cemetery Administrator
Approved Forwarded to Council
Attachments:

A. IOOF Oaks initiative form2022-06-14-095030

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Attachment: IOOF Oaks initiative form2022-06-14-095030 (5124 : Woodlawn Plot Return Purchase) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.C
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid to Cummins Inc. for Engine Parts
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4425 to Cummins Inc. for the purchase of Cummins engine parts for transit buses and Fire Department heavy-duty apparatus for the Transportation and Fire Departments;

Summary
Santa Monica’s Department of Transportation (DOT) and Fire Department both maintain vehicles that utilize Cummins equipment and parts that must be maintained to keep these vehicles in reliable and safe operating condition. These vehicles experience normal wear and tear over their useful life. DOT staff perform repairs and maintenance to keep these vehicles in good operating condition. The award to Cummins for engine and propulsion system parts would enable DOT staff to perform routine maintenance and repairs on DOT buses and Fire apparatus to ensure these vehicles are maintained in a state of good repair.

The first year’s purchase order for DOT would be in an amount not to exceed $600,018, and the Fire PO would be in an amount not to exceed $55,000. The cost for this bid

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over its five-year term would be in an amount not to exceed $3,863,762 for both departments which includes a 10% contingency and a 3.5% annual cost escalator.

Discussion
The City of Santa Monica’s Department of Transportation (DOT), Big Blue Bus (BBB) division, currently operates 176 transit buses powered by Cummins natural gas engines as well as nineteen electric buses powered by Cummins electric propulsion systems. The City’s Fire Department’s fleet of heavy-duty apparatus include fifteen pumper and ladder trucks that are powered by Cummins diesel engines.

Cummins natural gas engines or electric propulsion systems power are made up of several hundred parts and are electronically controlled to optimize fuel usage and to generate the least harmful pollutants. Replacement parts are needed to maintain these engines in accordance with the original equipment manufacturer (OEM) recommendations to ensure their performance and emissions levels are preserved.

The DOT uses genuine OEM parts to ensure proper engine performance and compliance with state and federal emission rules and regulations and to ensure warranty claims can be made when engines prematurely fail. The award of Bid #4425 Cummins Inc. would allow DOT staff to perform routine maintenance and repairs needed to maintain transit buses and Fire apparatus in a good operating condition.

Vendor Selection
Best and Only Bidder Cummins Inc.

Submittals Received Selection Criteria
Cummins Inc. $ 3,863,762 Municipal Code SMMC 2.24.180
Evaluation Criteria
Price; quality of the materials offered; ability to
provide materials promptly, within the time
specified, and without delay; experience and
efficiency of the bidder

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Bid Data
Date Posted Posted On Advertised In
Vendors
Downloaded
Date Publicly
Opened
3/16/2022
City's Online
Bidding Site
Santa Monica
Daily Press 15 4/14/2022
Additional Vendor Outreach & Justification to Award
The City received No-Bid response from Gillig LLC, Global Diversified Voltage, John A. Martin & Associates, and Muncie Transit Supply. Reasons given for the nobid responses included (1) that Cummins OEM parts were requested and that the bidders would not be able to supply the parts at a competitive price compared to Cummins and (2) that the vendor could not supply the parts. Cummins is the manufacturer of the engine parts used on transit buses and Fire apparatus and has a positive history of providing these parts to the City. Additionally, the bid price received from Cummins across all parts listed is, on average, lower than our current purchase price under the existing bid. Based on these criteria, Cummins Inc. is recommended as the best bidder.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Big Blue Bus Fund and the General Fund to award a purchase order with Cummins Inc. for purchase of Cummins engine parts.

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Future year funding is contingent on Council budget approval.

Contract/Agreement/Purchase Order Request
FY 2022-23 Budget
Request Amount
Future Years’ Budget
Request Amount Department/CIP Account #
Total Contract
Amount
$55,000 $269,429 01190001.529470 $324,429
$150,004 $734,829 60600008.529300 $884,833
$450,014 $2,204,486 C6004750.689000 $2,654,500
$655,018 $3,208,744 Total $3,863,762
Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. FY23 - Cummins Oaks

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Attachment: FY23 - Cummins Oaks (5127 : Award Bid for Cummins Engine Parts) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Approval of Term Extension for Seismic Peer Review Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to the following three agreements:

1. Agreement #10635 (CCS) with Degenkolb Engineers for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-and-onehalf year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval;

2. Agreement #10636 (CCS) with IDS Group for seismic retrofit structural analysis and plan review services for the Community Development Department. The proposed two-year extended term will result in a six-and-one-half year amended agreement with a total amount not to exceed $625,000, with future year funding contingent on Council budget approval;

3. Agreement #10637 (CCS) with JAS Pacific for seismic retrofit plan review services for the Community Development Department. The proposed two-and-ahalf-year extended term and additional $200,000 in authority will result in a sixand-one-half year amended agreement with a new total amount not to exceed $625,000, with future year funding contingent on Council budget approval.

Summary
The City’s Seismic Retrofit Program (“Program”) was adopted by Council on March 28, 2017. The Program requires owners of buildings identified as seismically vulnerable to submit structural analyses and retrofit plans to the Building and Safety Division for review by an engineer with specialized knowledge to verify compliance with State and local construction standards prior to commencing retrofit work. In support of that program, the City contracted with three firms to provide structural analysis peer review and plan review services for the various building types. The three firms are:

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• JAS Pacific to review seismic retrofit plans for Soft Story building types, and • Degenkolb Engineers and IDS Group to provide structural analysis peer review and plan review services for the larger and most complex Non-Ductile Concrete and Steel Moment Frame building types.

The JAS contract expires on June 30, 2022, and the Degenkolb Engineers and IDS Group contracts expire on December 31, 2022. The services associated with the three agreements will continue to be necessary beyond their expiration date. Staff recommends increasing the amount of the JAS contract from $425,000 to $625,000 to cover the anticipated projects within the extended contract term. No additional funding is recommended for the two contracts with Degenkolb Engineering and IDS Group. The costs related to these services are fully recovered as they are paid by the applicant.

Discussion
Each of the three agreements will expire this year. However, many buildings must still submit their retrofit building plans for approval prior to the deadline. Therefore, staff recommends extending the terms of all three agreements by two years to December 31, 2024. These agreements are specific to the ongoing Seismic Retrofit Program and extending the agreements will maintain current service levels with firms that are familiar with City processes, and align with the extended deadlines due to COVID-19.

JAS Pacific
On July 25, 2018, the City executed Professional Services Agreement #10637 (CCS) with JAS Pacific (JAS) to address the anticipated increased volume of structural analysis and plan review submittals resulting from the Program requirements for Soft Story buildings. Approximately 1,700 Soft Story buildings (typically multi-story buildings with large open spaces where typically a shear wall would be required) were identified in the City as potentially in need of structural improvement through a seismic retrofit.

The engineering services provided by JAS supplement City plan review staff work and provide the ability to manage the increased volume, maintain appropriate levels of service, and ensure the timely and efficient review of seismic retrofit plan submittals.

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Approximately 550 Soft Story buildings have yet to submit plans for retrofit review.

Additionally, the latest date in which a Soft Story building is required to submit for plan review is July 2023. As such, it can be reasonably anticipated that a significant number of Soft Story retrofit projects will be submitted to the City over the next two years.

The current agreement with JAS is set to expire on June 30, 2022, for an amount not to exceed $425,000. The City has utilized approximately $280,000 (65%) of that funding to-date. Staff recommends increasing the amount to $625,000 to ensure adequate funding for the recommended term extension to December 31, 2024. The costs related to the services provided by JAS are fully recovered and paid by the applicant.

Degenkolb Engineers and IDS Group
Contracts 10635 (CCS) and 10636 (CCS) were executed in mid-2018 with Degenkolb Engineers (Degenkolb) and IDS Group (IDS), respectively, to provide engineering review services for the structural analysis and plan review submissions required by the Program. These agreements are in place to provide engineering services for NonDuctile Concrete (NDC) and Steel Moment Frame (SMF) building types, which tend to be large, complex buildings. The services provided by these firms are necessary to perform a comprehensive review of these building types due to lack of expertise within the Building and Safety Division.

The compliance dates for plan review submittals for NDC and SMF buildings are April 2022 and October 2029, respectively. Approximately 40 NDC and 70 SMF buildings have yet to submit plans to the City so the continued services of Degenkolb and IDS are necessary. RFPs will be issued in the future, as necessary, to maintain these services for the life of the Program.

The two agreements with Degenkolb and IDS are set to expire on December 31, 2022, and each with a not to exceed limit of $625,000. Approximately $125,000 (20%) of the IDS agreement, and approximately $55,000 (9%) of the Degenkolb agreement, have been expended to-date. As a result, no additional Council authority is necessary to

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extend the financial commitment of these agreements. The costs related to the services provided by Degenkolb and IDS are fully recovered and paid by the applicant as part of the plan review fees collected.

Pursuant to Council approval, seismic retrofit deadlines for all Soft Story buildings, and other seismic retrofit building types with an active plan review or building permit, were extended by two years due to the COVID-19 pandemic. The pandemic also impacted the ability of owners to address retrofit requirement in a timely manner, due to unavailability of design/construction professionals, financial losses, and increased construction costs. Degenkolb, IDS, and JAS have all provided quality service at established prices to the City addressing their specific portions of the Program. Their staff are also now familiar with City practices and requirements, which allows for efficient reviews. The proposed extensions would also be an efficient use of staff time that would otherwise be spent producing, issuing, and awarding another large RFP for these services. For these reasons, staff recommends extending the term of all three contracts until December 31, 2024, resulting in three six-and-a-half year contracts.

Past Council Actions
Meeting Date Description
03/06/18
(attachment A)
Council authorizes professional services agreements with Degenkolb Engineers, IDS Group, and JAS Pacific
12/17/19
(attachment B)
Council approves first modification to agreement 10637 (CCS) with JAS Pacific to increases the not to exceed limit
06/08/21
(attachment C)
Council approves second modification to agreement 10637 (CCS) with JAS Pacific to extend the term by one year
01/11/22
(attachment D)
Council approves second modification to agreement 10635 (CCS) with Degenkolb Engineers to extend term by one year
01/11/22
(attachment E)
Council approves second modification to agreement 10636 (CCS) with IDS Group to extend term by one year
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of the agreement with JAS Pacific for seismic plan review services. Funds are included in the Proposed FY 2022-23 Biennial Budget pending Council adoption. Future year funding is contingent on Council budget approval.

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Agreement Modification Request
Agreement # Current Authorized
Amount
FY 2022-23
Modification
Request Amount:

Dept/CIP Account # Total Revised
Contract Amount
10635
(CCS) $625,000 $0 01700004.552010 $625,000
10636
(CCS) $625,000 $0 01700004.552010 $625,000
10637
(CCS) $425,000 $200,000 01700004.552010 $625,000
Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. March 6, 2018 Staff Report (Web Link)
B. December 17, 2019 Staff Report (Web Link)
C. June 8, 2021 Staff Report (Web Link)
D. January 11, 2022 Staff Report (Web Link)
E. January 11, 2022 Staff Report (Web Link)
F. Degenkolb: Original Agreement
G. Degenkolb: First Modification
H. Degenkolb: Second Modification
I. IDS: Original Agreement
J. IDS: First Modification
K. IDS: Second Modification
L. JAS: Original Agreement
M. JAS: First Modification
N. JAS: Second Modification
O. Oaks Disclosure Form - Degenkolb
P. Oaks Disclosure Form - IDS
Q. Oaks Disclosure Form - JAS

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: Degenkolb: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 1 FIRST MODIFICATION OF AGREEMENT NO. 10635 (CCS)
This First Modification of Agreement Number 10635 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Degenkolb Engineers (“Degenkolb”), is made with reference to the following:

RECITALS
A. On or about June 20, 2018, the City and Degenkolb entered into Professional Service Agreement, Contract Number 10635 (the “Agreement”).

B. The Agreement provided for a term that commenced on June 20, 2018 and terminated on December 31, 2020, with a unilateral option by the City to renew for an additional one year period.

C. The City and Degenkolb desire to modify the Agreement to extend the contract term beyond December 31, 2020.

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

1. Degenkolb and the City acknowledge and agree that the effective date of this First Modification is December 31, 2020.

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

Term. This Agreement begins on June 20, 2018 and terminates on December 31, 2021, unless terminated earlier in accordance with Section 14 or extended by the parties in writing.

3. Section 1.1 of the Agreement entitled “Option to Extend” shall be deleted in its entirety.

4. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:

Compensation. The City will compensate Degenkolb for the Services performed during the period of June 20, 2018 until December 31, 2020 (the “Original Term”) in an amount not to exceed $525,000, as set forth in Exhibit B.

5. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph:

Extension Term. The City will compensate Degenkolb for the Services performed during the period of January 1, 2021 until December 31, 2021 (the “Extension Term”) in an amount not to exceed $100,000.

The total amount of compensation for Services rendered during the DocuSign Envelope ID: 6D22D017-A0C3-4075-918A-BCD63E9A0B32 2/24/2021

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Attachment: Degenkolb: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B.

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
Dudek
#VENDOR
By: _______________________________
DocuSign Envelope ID: 6D22D017-A0C3-4075-918A-BCD63E9A0B32 Interim City Attorney
George Cardona
2/23/2021 Degenkolb Engineers
Principal
2/23/2021
Daniel Zepeda
2/24/2021
Lane Dilg
Interim City Manager
2/24/2021
City Clerk
Denise Anderson-Warren

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Attachment: Degenkolb: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 1 SECOND MODIFICATION OF AGREEMENT NO. 10625 (CCS)
This Second Modification of Agreement Number 10635 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Degenkolb Engineers (Degenkolb) is made with reference to the following:

RECITALS
A. On or about June 20, 2018, the City and Degenkolb entered into Agreement Number 10635 (CCS) for engineering peer review services (“Original Agreement”), which had an initial term ending on December 31, 2020.

B. On or about February 24, 2021, the City and Degenkolb entered into a First Modification of Agreement Number 10635 (CCS) (“First Modification”), which was effective as of December 31, 2020. The First Modification extended the term of the Original Agreement by one year to December 31, 2021. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and Degenkolb desire to modify the Agreement to extend the contract term, effective as of December 31, 2021, one additional year to December 31, 2022.

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

1. Degenkolb and the City acknowledge and agree that notwithstanding the expiration of the Term as modified by the First Modification, the effective date of this Second Modification is December 31, 2021.

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

Term. This Agreement begins on June 20, 2018 and terminates on December 31, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. The period of May 7, 2018 to December 31, 2020 shall be referred to as the “Original Term.” The period of time from January 1, 2021 through December 31, 2022 shall be referred to as the Extension Term.

3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:

Compensation. The City will compensate Degenkolb for the Services performed during the Original Term in an amount not to exceed $525,000, at the rates set forth in Exhibit B-1.

4. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph:

DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 2/28/2022

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Attachment: Degenkolb: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Extension Term. The City will compensate Degenkolb for the Services performed during the Extension Term (January 1, 2021 through December 31, 2022) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B-1.

5. Exhibit B of the Agreement entitled “Budget” shall be deleted in its entirety and replaced with an updated Budget, provided herein as Exhibit B-1.

6. Exhibit B-1 is attached hereto and incorporated into the Agreement by reference.

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 Interim City Attorney
2/10/2022
Joseph Lawrence
Degenkolb Engineers
Daniel Zepeda
Principal
2/23/2022
David White
City Manager
2/28/2022
Denise Anderson-Warren
City Clerk
3/4/2022

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Attachment: Degenkolb: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 3 Exhibit B-1
Budget
The compensation paid to Degenkolb for Services provided during the Original Term shall not exceed $525,000. The compensation paid to Degenkolb for Services provided during the Extension Term shall not exceed $100,000. The total amount of compensation for all Services rendered during the Original Term and the Extension Term shall not exceed $625,000.

All peer review and plan check services will be charged according to the following hourly rates:

Title Rates
Senior Principal $300
Principal $265
Senior Associate $245
Associate Principal $235
Associate $225
Senior Project Manager $225
Director of Testing Services $205
Forensic Operations Manager $205
Project Manager $205
Project Engineer $205
Design Engineer $190
Designer 2 $170
Designer 1 $145
Assistant Designer 2 $115
Assistant Designer 1 $85
Senior BIM/CAD Specialist $160
Project BIM/CAD Specialist $130
Project Analyst $105
Administrative Services $85
DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85

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Attachment: Degenkolb: Second Modification (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Attachment: IDS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 1 FIRST MODIFICATION OF AGREEMENT NO. 10636 (CCS)
This First Modification of Agreement Number 10636 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and IDS Group, Inc. (“IDS”), is made with reference to the following:

RECITALS
A. On or about May 7, 2018, the City and IDS entered into Professional Service Agreement, Contract Number 10636 (the “Agreement”).

B. The Agreement provided for a term that commenced on May 7, 2018 and terminated on December 31, 2020, with a unilateral option by the City to renew for an additional one year period.

C. The City and IDS desire to modify the Agreement to extend the contract term beyond December 31, 2020.

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

1. IDS and the City acknowledge and agree that the effective date of this First Modification is December 31, 2020.

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

Term. This Agreement begins on May 7, 2018 and terminates on December 31, 2021, unless terminated earlier in accordance with Section 14 or extended by the parties in writing.

3. Section 1.1 of the Agreement entitled “Option to Extend” shall be deleted in its entirety.

4. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:

Compensation. The City will compensate IDS for the Services performed during the period of May 7, 2018 until December 31, 2020 (the “Original Term”) in an amount not to exceed $525,000, as set forth in Exhibit B.

5. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph:

Extension Term. The City will compensate IDS for the Services performed during the period of January 1, 2021 until December 31, 2021 (the “Extension Term”) in an amount not to exceed $100,000.

The total amount of compensation for Services rendered during the DocuSign Envelope ID: 252276B4-BD26-4A52-9FBD-C4299E44B50E 2/24/2021

5.D.j
Packet Pg. 112 Attachment: IDS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B.

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
Dudek
#VENDOR
By: _______________________________
DocuSign Envelope ID: 252276B4-BD26-4A52-9FBD-C4299E44B50E 2/23/2021
George Cardona
Interim City Attorney
Principal
2/23/2021
IDS Group, Inc.

Rami Elhassan
2/24/2021
Lane Dilg
Interim City Manager
2/24/2021
Denise Anderson-Warren
City Clerk

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Packet Pg. 113 Attachment: IDS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 1 SECOND MODIFICATION OF AGREEMENT NO. 10626 (CCS)
This Second Modification of Agreement Number 10636 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and IDS Group, Inc. (IDS) is made with reference to the following:

RECITALS
A. On or about May 7, 2018, the City and IDS entered into Agreement Number 10636 (CCS) for engineering peer review services (“Original Agreement”), which had an initial term ending on December 31, 2020.

B. On or about February 4, 2021, the City and IDS entered into a First Modification of Agreement Number 10636 (CCS) (“First Modification”), which was effective as of December 31, 2020. The First Modification extended the term of the Original Agreement by one year to December 31, 2021. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and IDS desire to modify the Agreement to extend the contract term, effective as of December 31, 2021, one additional year to December 31, 2022.

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

1. IDS and the City acknowledge and agree that notwithstanding the expiration of the Term as modified by the First Modification, the effective date of this Second Modification is December 31, 2021.

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

Term. This Agreement begins on May 7, 2018 and terminates on December 31, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. The period of May 7, 2018 to December 31, 2020 shall be referred to as the “Original Term.” The period of time from January 1, 2021 through December 31, 2022 shall be referred to as the Extension Term.

3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:

Compensation. The City will compensate IDS for the Services performed during the Original Term in an amount not to exceed $525,000, at the rates set forth in Exhibit B.

4. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph:

DocuSign Envelope ID: DF00D726-DD5E-4066-8A6C-E5415E880430 2/14/2022

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Packet Pg. 114 Attachment: IDS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 Extension Term. The City will compensate IDS for the Services performed during the Extension Term (January 1, 2021 through December 31, 2022) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B.

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: DF00D726-DD5E-4066-8A6C-E5415E880430 Interim City Attorney
2/10/2022
Joseph Lawrence
Rami Elhassan
Principal
IDS Group, Inc.
2/10/2022
David White
City Manager
2/14/2022
City Clerk
2/15/2022
Denise Anderson-Warren

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Packet Pg. 115 Attachment: IDS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 116 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 117 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 118 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 119 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 120 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 121 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 122 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 123 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 124 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 125 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 126 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements)

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Packet Pg. 127 Attachment: JAS: Original Agreement (5129 : Third Modification to Seismic Engineering Agreements) 1 FIRST MODIFICATION OF AGREEMENT NO. 10637 (CCS)
This First Modification of Agreement Number 10637 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and JAS Pacific, Inc. (JAS) is made with reference to the following:

RECITALS
A. On or about July 25, 2018, the City and JAS entered into Agreement Number 10637 (CCS) for plan review services (“Original Agreement”).

B. The City and JAS desire to modify the Original Agreement to increase the contract price to pay for a higher volume of services than initially anticipated.

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 to read as follows:

Compensation. The City will compensate JAS for the Services performed in an amount not to exceed $425,000, as set forth in Exhibit B.

2. Exhibit B to the Original Agreement shall be modified to read as set forth in Exhibit B to this First Modification, which is attached hereto and incorporated herein by this reference.
///
///
DocuSign Envelope ID: 9162F77D-3148-4816-B746-58EF09ABCF8D 7/9/2020

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Packet Pg. 128 Attachment: JAS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 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.

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 9162F77D-3148-4816-B746-58EF09ABCF8D 7/6/2020
Interim City Attorney
George Cardona

JAS PACIFIC
7/7/2020
Christine Champany

VICE PRESIDENT
Lane Dilg
7/9/2020
City Clerk Interim City Manager
Denise Anderson-Warren
7/9/2020

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Packet Pg. 129 Attachment: JAS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 3 Exhibit B
Budget
All Plan Check services will be charged according to the following schedule:

TITLE HOURLY BILLING RATE
Plan Check Engineer I $125.00
Plan Check Engineer II $135.00
Plan Check Engineer III $145.00

SERVICES BILLING RATE
Plan Check Submittal Review 68% of City Plan Review Fee* *includes a total of three reviews
The total cost of services shall not exceed $425,000 for the term of the contract.

DocuSign Envelope ID: 9162F77D-3148-4816-B746-58EF09ABCF8D

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Packet Pg. 130 Attachment: JAS: First Modification (5129 : Third Modification to Seismic Engineering Agreements) 1 SECOND MODIFICATION OF AGREEMENT NO. 10637 (CCS)
This Second Modification of Agreement Number 10637 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and JAS Pacific, Inc. (JAS) is made with reference to the following:

RECITALS
A. On or about July 25, 2018, the City and JAS entered into Agreement Number 10637 (CCS) for seismic retrofit plan review services (“Original Agreement”).

B. On or about July 9, 2020, the City and JAS entered into a First Modification of Agreement Number 10637 (CCS) (“First Modification”) which increased the compensation amount from $125,000 to $425,000. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and JAS desire to modify the Agreement to extend the contract term.

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

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

Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. ///
///
DocuSign Envelope ID: F4DD1461-DE74-4D48-AA41-D1EEDCC4E561 6/28/2021

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Packet Pg. 131 Attachment: JAS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) 2 2. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: F4DD1461-DE74-4D48-AA41-D1EEDCC4E561 George S. Cardona
Interim City Attorney
6/23/2021 JAS PACIFIC
6/28/2021

CFO/PRESIDENT

ADDISON SMITH
6/28/2021
Interim City Manager
John Jalili
City Clerk
Denise Anderson-Warren
6/29/2021

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Packet Pg. 132 Attachment: JAS: Second Modification (5129 : Third Modification to Seismic Engineering Agreements) Degenkolb Engineers
Stacy J. Bartoletti, Jorn E. Halle, Lauren E. Evans, Holly R. Jansen, Laurie K. Johnston, Bryan V. Bindrich, William C. Siegel, Melissa V. McCarty, Daniel Zepeda, and Leo M. Ballif N/A Sandy Hohener Principal 1/21/22 [email protected] (213) 596-5000

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Packet Pg. 133 Attachment: Oaks Disclosure Form - Degenkolb (5129 : Third Modification to Seismic Engineering Agreements)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

Name(s) of persons 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 # ___________________________

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Packet Pg. 134 Attachment: Oaks Disclosure Form - IDS (5129 : Third Modification to Seismic Engineering Agreements)

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:

Bid/PO/Contract # ____________________________ Permit # ___________________________ Christine Champany Vice President5/24/22 [email protected] 909-605-7777 Jason Addison Smith Consulting Services, Inc. | DBA JAS Pacific Jason Smith Jason Smith

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Packet Pg. 135 Attachment: Oaks Disclosure Form - JAS (5129 : Third Modification to Seismic Engineering Agreements) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Award Request for Proposal and Enter into Agreement with Cotton, Shires and Associates, Inc. for Geotechnical Engineering Services Recommended Action
Staff recommends that the City Council:

1. Award RFP# 323 to Cotton, Shires and Associates, Inc. for geotechnical engineering services for the Community Development Department, and

Summary
The Building and Safety Division is required by local and State regulations to review soils reports for qualifying projects submitted to the City as part of the plan review and building permit process. These reports describe the geological conditions present at a construction site and necessitate the review of a geotechnical engineer for approval of the report. The Building and Safety Division does not staff any geotechnical engineers, so the City has historically contracted with outside consultants who can perform these reviews on behalf of the City.

In May 2022, the Building and Safety Division posted an RFP for a renewed request for bids to provide geotechnical engineering services. As a result of this RFP, staff recommends entering into a professional services agreement with Cotton, Shires and Associates, Inc. (Cotton) to provide geotechnical review services to the Building and

5.E
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2 of 4
Safety Division. Plan review fees for geotechnical review services are collected from building permit applicants, which are intended to cover the cost of the consultant services.

Background
The City has contracted with Cotton, Shires and Associates, Inc. (“Cotton”) since 2012 to provide geotechnical review services associated with the plan review/building permit process. Professional Services Agreement (“PSA”) 2590 CCS for $70,000 was the result of an informal Request for Proposal (“RFP”) that did not require Council Approval due to the contract amount. A first modification to this contract was approved by Council on October 28, 2014, to increase the contract amount to $135,000.

Following best practices, the City went out to bid again for geotechnical services in 2017, and again selected Cotton as the winning proposal. Council authorized a new PSA (10470 CCS), with a not to exceed limit of $175,000 over five years, on June 13, 2017.

Discussion
Pursuant to local and State regulations, the review of geotechnical reports (i.e., soils reports) is required in association with the review of certain development projects as part of the plan review process prior to issuance of building permits. The City has contracted out these services due to not having a geotechnical engineer on staff. The most recent contract authorization for geotechnical review services was in 2017, in accordance with best practices, the City is once again seeking to procure and maintain the necessary geotechnical engineering services.

Based on prior experience with Cotton, as well as projected future volumes, staff recommends increasing the annual budget for this agreement to $45,000 per fiscal year. Plan review fees for geotechnical review services are collected from building permit applicants, which are intended to cover the cost of the consultant services.

5.E
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3 of 4
To this end, the Building and Safety Division posted a Request for Proposal for geotechnical review services on May 9, 2022. Four proposals were received. Pursuant to SMMC § 2.24.190, staff is recommending the selection of Cotton based on the firm’s expertise in the area of geotechnical engineering, the experience of their staff, familiarity with City processes, familiarity with local geologic conditions, and their history of successful completion of similar geotechnical review projects.

Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Cotton, Shires and Associates, Inc.

Evaluation Criteria Training/credentials/experience, competence/skill, capacity/ability to perform services promptly, character/reputation, ability to provide future services as needed and price.

Municipal Code SMMC 2.24.190
RFPs Received
Converse Consultants Cotton, Shires & Assoc. Smith-Emery Lab. Willdan Engineering RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
05/09/2022 City's Online
Bidding Site Santa Monica Daily Press 33 05/09/2022
Justification to Award
Based on this criteria and criteria in SMMC 2.24.190, staff recommends Cotton as the best qualified firm to provide geotechnical engineering services based on the firm’s expertise in the area of geotechnical engineering, the experience of their staff, familiarity with City processes, familiarity with local geologic conditions, their history of successful completion of similar geotechnical review projects, and their cost proposal.

Past Council Actions
Meeting Date Description
10/28/14
(attachment A)
Council authorizes the first modification to Professional Services Agreement 2590 (CCS) with Cotton, Shires and
Associates
06/13/2017
(attachment B)
Council authorizes Professional Services Agreement 10470 (CCS) with Cotton, Shires and Associates

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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award an agreement with Cotton, Shires and Associates, Inc. for geotechnical engineering services. Funds are included in the Proposed FY 2022-23 Biennial Budget pending Council adoption.

Future year funding is contingent on Council budget approval.

Agreement Request
FY 2022-23
Request Amount Account # Future Years Amount
Total Contract
Amount
$45,000 01700004.552010 $180,000 $225,000
Prepared By: Kevin Purcell, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. October 28, 2014 Staff Report (Web Link)
B. June 13, 2017 Staff Report (Web Link)
C. Cotton Oak Disclosure

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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:

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.E.c
Packet Pg. 140 Attachment: Cotton Oak Disclosure (5131 : Geotechnical Engineering Services) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.F
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid to Wincal Technology Corporation for Transit Bus On-Board Surveillance System Inspection and Repairs
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4424 to Wincal Technology Corporation for inspection and repairs to surveillance systems on board transit buses for the Department of Transportation, Big Blue Bus (BBB) Division.

Summary
The City of Santa Monica’s Department of Transportation (DOT), Big Blue Bus (BBB) Division, currently operates 195 transit buses operating across fifty-eight square miles of congested routes. Transit on-board surveillance systems are installed on all transit buses to help staff investigate accidents and incidents that occur inside or outside of the buses. Staff recommends awarding Bid #4424 to Wincal Technology Corporation for inspection and repair of transit bus on-board surveillance systems. The award to Wincal will ensure that video footage recorded on buses is accessible in the event of an accident or incident. The agreement for five years would be in an amount not to exceed $107,850 for the first year, with the total five-year contract amount not to exceed $684,361, which includes a 10% contingency.

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Discussion
BBB on-board video surveillance systems are comprised of cameras, audio recorders, and recording storage devices that capture and record video footage of the interior and exterior of buses. DOT, Risk Management Division, and the Santa Monica Police Department and other law enforcement agencies use these recordings in their investigations of accidents or incidents involving transit buses. Clear, accessible recordings are important evidence in these investigations and require the on-board cameras and recorders to be in good operating condition. Due to the environment in which these systems operate, routine maintenance and repairs are needed to ensure all cameras can properly record video data and that video footage is available for investigations.

Maintenance of on-board video recording systems includes ensuring proper configuration; inspecting electrical wiring, fuses, and relays; synchronizing camera time; cleaning camera lenses; inspecting and adjusting camera positions; and verifying that cameras are properly connected to recording devices. During vendor inspections, all system firmware and software is checked and updated per Original Equipment Manufacturer specifications. Additionally, all cameras are checked for clarity, with any necessary adjustments being made to ensure proper functionality. Each transit bus has between 6 and 17 cameras depending on the bus length and type.

DOT has historically contracted out the maintenance and repair of the on-board surveillance systems on its fleet of transit buses in accordance with guidance set forth in the “Contracted and As-Needed Staffing Review Policy, Practice, Recommendations” report approved by Council on January 13th, 2015. DOT contracts this work due to the specialized technical skill needed to perform firmware and software troubleshooting and updates, the specialized equipment needed to properly troubleshoot and repair video recording systems.

DOT also contracts out this work due to risk exposure created by DOT staff having the ability to access video recordings that could potentially be used in a legal case involving DOT. When legal cases arise from incidents involving transit buses the chain of custody

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of recorded video footage is scrutinized to ensure that DOT staff are not able to alter or delete footage relevant to the case. For this reason, DOT staff do not currently have the ability to view or potentially edit stored video footage on video recorders to avoid a perceived conflict if they were able to view and potentially delete video footage that may demonstrate that a mechanical failure was the cause of an accident.

Bid #4424 requires the vendor to provide the facility and equipment needed to troubleshoot, repair, and rebuild on-board video surveillance and recording systems, saving the City costs associated with the purchase, storage, and replacement of equipment. Staff recommends award of Bid #4424 to Wincal Technology Corporation.

Vendor Selection
Best and Only Bidder Wincal Technology Corporation
Submittals Received Selection Criteria
Wincal $ 684,361 Municipal Code SMMC 2.24.180
Evaluation Criteria Price: quality of services offered; ability and skill of bidder to perform services promptly; experience of bidder
Bid Data
Date Posted Posted On Advertised In
Vendors
Downloaded
Date Publicly
Opened
3/16/2022
City's Online
Bidding Site
Santa Monica
Daily Press 15 4/13/2022
Additional Vendor Outreach & Justification to Award
The City received No-Bid response from Gillig LLC, Global Diversified Voltage, John A. Martin & Associates, and Luminator Technology Group. Gillig LLC, Global Diversified Voltage, and John A. Martin & Associates responded that they do not offer the services requested, and Luminator responded that they missed the question-and-answer deadline and could not successfully respond. Wincal has a positive history of providing these services to the Department of Transportation providing timely repairs and inspection services. Based on these criteria, Wincal is recommended as the best bidder.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the DOT’s Big Blue Bus fund to award a contract with Wincal Technology Corporation to provide inspection and repairs to transit

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bus on-board video surveillance systems. Future year funding is contingent on Council budget approval.

Contract Request
FY 2022-23 Budget
Request Amount
Future Years’ Budget
Request Amount
Department/
CIP Account #
Total Contract
Amount
$32,850 $181,511 60600008.529300 $214,361
$60,000 $325,000 60600008.550012 $385,000
$15,000 $70,000 C6004750.689000 $85,000
$107,850 $576,511 Total $684,361
Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Wincal Oaks
B. FY22 Wincal Oaks
C. Contract and As-Needed and Staffing Review Report (Web Link) D. Contacting Staff Report link (Web Link)

5.F
Packet Pg. 144

5.F.a
Packet Pg. 145 Attachment: Wincal Oaks (5132 : Award bid for transit bus on-board surveillance system repairs)

5.F.b
Packet Pg. 146 Attachment: FY22 Wincal Oaks (5132 : Award bid for transit bus on-board surveillance system repairs) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.G
1 of 4
To: Mayor and City Council
From: Andy Agle, Director, Community Services Department, Community Recreation
Subject: Award Request for Proposal and Enter into Agreements for Recreational Community Classes and Camps
Recommended Action
Staff recommends that the City Council:

1. Award RFP #305 to Santa Monica Baseball Academy, Super Soccer Stars, Sarah Marsh, and Skateside, LLC for operating specialty recreational classes and camps for the Community Services Department;

4. Authorize the City Manager to negotiate and execute an agreement with Sarah Marsh in an amount not to exceed $200,000 (for one year, with two additional one-year renewal option(s) in the amount of $200,000, on the same terms and conditions) for a total amount not to exceed $600,000 over a three-year period, with future-year funding contingent on Council budget approval; and

Summary

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The Community Services Department’s (CSD) Community Recreation Division offers recreational camps and classes for youth and adults through its Community Classes and Camps Program. The program uses independent contractors to conduct recreational classes and camps in visual arts, music, dance, language arts, sports, theater arts, science and engineering, parent and me, and yoga.

Following a formal competitive selection process, staff recommends that the City enter into multi-year agreements with:
• Santa Monica Baseball Academy (Bidder 1) to teach youth baseball and softball classes and camps,
• Super Soccer Stars (Bidder 2) to conduct soccer classes and camps, • Sarah Marsh (Bidder 3) to conduct youth dance and performance art classes and camps and
• Skateside, LLC (Bidder 4) to teach youth skateboarding classes and camps.

The baseball/softball, youth dance and performance, skate and instructional soccer classes are among the most popular classes and have seen a growth in participation.

Discussion
CSD contracts with various individuals and businesses to conduct a full range of community classes and camps. Contractors are selected from those who participate in a competitive Request for Proposals process. Staff selects a cadre of contract instructors that are diverse and balanced to provide the community with a wide range of recreational opportunities. Enhanced marketing and communication strategies have been implemented to increase participation in community classes and camps. Given the strong demand for classes and camps provided by the four recommended contractors, staff anticipates that each agreement will exceed the $250,000 threshold that requires Council authorization.

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Vendor Selection

RECOMMEND A CONSULTANT
Bidder Recommendation
Best Qualified
Person/Firm
Best Qualified Vendor or Firm
Evaluation Criteria Training/credentials/experience, competence/skill, capacity/ability to perform services promptly, sufficiency of financial/other resources, character/reputation, ability to provide future services as needed and price.

Municipal Code SMMC 2.24.190
RFPs Received
Santa Monica Baseball
Academy
Skateside, LLC. Super Soccer Stars Sarah Marsh
RFP Data
Posted On Posted On Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/06/2022 City's Online
Bidding Site
Santa Monica Daily Press 77 01/06/2022
Justification to Award
The four bidders are recommended due to their previous experience working with the City, their ability to deliver quality programming in the areas of teaching baseball/softball, soccer, skateboarding, and youth dance, their compliance with all City specifications, and fair pricing. Based on the criteria and the criteria in SMMC 2.24.190, Santa Monica Baseball Academy, Super Soccer Stars, Skateside, LLC. and Sarah Marsh are recommended as the best qualified persons or firms to provide recreational classes and camps for the Community Classes and Camps program.

Financial Impacts and Budget Actions
Staff seeks authority to award agreements to Santa Monica Baseball Academy, Super Soccer Stars, Skateside, LLC., and Sarah Marsh to conduct recreational classes and camps. A negotiated percentage of revenues from each class is paid to the City in order

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to offset City costs and have already been included in the Proposed Budget. Futureyear funding is contingent on Council budget approval.

Community Services Agreement
Company
FY 2022-23
Budget Request
Amount
Future Years’
Budget
Amount Account #
Total Contract
Amount
Santa Monica
Baseball Academy
$300,000 $600,000 01400017.550010 $900,000
Super Soccer Stars $250,000 $500,000 01400017.550010 $750,000 Sarah Marsh $200,000 $400,000 01400017.550010 $600,000
Skateside, LLC $250,000 $500,000 01400021.550010 $750,000 Prepared By: Jeanette Gant, Community Recreation Manager Approved Forwarded to Council
Attachments:

A. Oaks Initiative 2022 Santa Monica Baseball Academy
B. Oaks Initiative 2022 The Skateside
C. Oaks Initiative 2022 Super Soccer Stars
D. Oaks Initiative 2022 Marsh-Chiba Sarah

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CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, 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. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form.

This information must be updated and supplied every 12 months.

CITY OF SANTA MONICA

5.G.a
Packet Pg. 151 Attachment: Oaks Initiative 2022 Santa Monica Baseball Academy (5165 : Recreational Community Classes and Camps)

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:

Santa Monica Baseball Academy
Name(s) of trustees, directors, partners, and officers:

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

Wes Terry
Prepared by: __Wes Terry__________________Title: __Athletic Director___________ Signature: ________________________________ Date: __2/16/22______________ Email: [email protected]_ Phone: __310-736-3031______ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.G.a
Packet Pg. 152 Attachment: Oaks Initiative 2022 Santa Monica Baseball Academy (5165 : Recreational Community Classes and Camps)

5.G.a
Packet Pg. 153 Attachment: Oaks Initiative 2022 Santa Monica Baseball Academy (5165 : Recreational Community Classes and Camps)

5.G.b
Packet Pg. 154 Attachment: Oaks Initiative 2022 The Skateside (5165 : Recreational Community Classes and Camps)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

5.G.c
Packet Pg. 155 Attachment: Oaks Initiative 2022 Super Soccer Stars (5165 : Recreational Community Classes and Camps)

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:

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.G.c
Packet Pg. 156 Attachment: Oaks Initiative 2022 Super Soccer Stars (5165 : Recreational Community Classes and Camps)

5.G.d
Packet Pg. 157 Attachment: Oaks Initiative 2022 Marsh-Chiba Sarah (5165 : Recreational Community Classes and Camps) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Joseph Cevetello, Chief Information Officer, Information Services Department David Martin, Director, Community Development Department Subject: Approval of Contract Modification with Open Counter Enterprises, Inc. for Permitting Technology Solutions
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to agreement #4384 for $228,281 with Open Counter Enterprises, Inc. for a modern technology platform supporting Special Events permitting processes. This will result in an eight-year amended agreement with a new total amount not to exceed $458,381 with future year funding contingent on Council budget approval.

Summary
The City has engaged OpenCounter since 2017 to develop systems and portals to improve the City’s permitting processes and customer experience. In that time, the City has launched a customer portal for permits and a special events permits portal. Staff recommends modifying the existing contract with OpenCounter Enterprises, Inc. for an amount not to exceed $228,281 through September 2025, for a total contract not to exceed $458,831 and a term of eight years to pay the vendor for prior development work completed and to support 3 years of the Special Events portal.

Discussion
Under this scope of work, OpenCounter Enterprises, Inc. will maintain the Special Events portal and be reimbursed for additional permitting work performed to date by the vendor. This will allow the public to apply for and pay for special event permits, in an on5.H Packet Pg. 158
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line self-service manner. The public can perform all necessary permit steps on-line without having to come into City Hall.

OpenCounter was initially engaged to build a customer portal that would help those seeking to open businesses in Santa Monica to see land-use restrictions for different addresses, the required permits for various business activities and estimate the permit costs. That portal was launched in 2019 and the City entered into a first contract modification to extend support for this plan check review portal through 2021, but it has not been widely used and is being discontinued.

Building on the work previously done with OpenCounter and in an effort to transition from manual to digital processes during the pandemic, the City entered into a second contract modification to build a portal that would help staff and customers track and process special event permit applications. This special events portal launched in 2021 and is now in production. Prior to the launch of the portal, the City entered into a third modification with OpenCounter to add payment processing functions and improved security enhancements that would support the special events portal.

While the special events portal was being developed, the City has also been exploring replacement of its permitting and plan check systems. As part of that effort, staff had initial engagements with OpenCounter in several areas for permits issued by the Mobility Division, the Public Works Department, and Community Development Department as part of exploring whether OpenCounter could replace our existing permitting and land use systems. However, staff have determined that it is in the best interests of the City to undertake a request for proposals to fully evaluate the marketplace and identify the best fit for the City.

Therefore, staff are requesting a fourth modification to the agreement with OpenCounter to pay for initial work done with departments as part of the permitting assessments as well as to support the Special Events Portal for three more years while the permitting RFP and system implementation is completed.

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Vendor Selection
Santa Monica entered into the original agreement with OpenCounter in 2017 under City Manager authority based on an exception to the competitive process due to OpenCounter’s unique zoning and permit discovery technology, along with their experience and focus on working with cities to develop value-add solutions that work with Accela and other widely used permitting systems. OpenCounter is a software development firm that has focused its mission on working with cities to improve the customer experience around permitting and plan check review. They have worked with many cities, including Sacramento, San Jose, San Diego, Detroit, Cincinnati, Orlando, and Atlanta to transform city permitting processes and continue to develop and expand their capabilities with each City partnership.

Work has been completed beyond City Manager authorized authority and this modification is needed in order to pay the vendor for completed work.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund and Water/Wastewater Funds to increase the amount of the agreement with OpenCounter Enterprises, Inc. for development work completed and to support 3 years of the Special Events portal.

Future funding for the annual subscription costs is contingent on Council budget approval.

Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY21/22
Modified Request
Amount
Future Years
Dept/CIP Account #
Total Revised
Contract Amount
4384 $67,500 C55000314.589000 $67,500
$75,000 SO019701.689000 $75,000
$38,000 C7100030.689000 $38,000
$49,600 01400015.529230 $49,600
$25,700 $58,500 01140001.529230 $84,200
$38,000 01700002.552010 $38,000
$97,800 01400015.529230 $97,800

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$1,108 01600002.550010 $1,108
$253 51500001.550010 $253
$383 50500001.550010 $383
$6,537 01500031.552010 $6,537
Total: $230,100 $71,981 $156,300 $458,381
Prepared By: Margaret Talamantes, Administrative Services Officer Approved Forwarded to Council
Attachments:

A. OAKS OpenCounter
B. OpenCounter Ct. 4384
C. OpenCounter Ct. 4384 First Modification
D. OpenCounter Ct. 4384 Second Modification
E. OpenCounter Ct. 4384 Third Modification

5.H
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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:

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.H.a
Packet Pg. 162 Attachment: OAKS OpenCounter [Revision 2] (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 163 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 164 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 165 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 166 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 167 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 168 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 169 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 170 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 171 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 172 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 173 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 174 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 175 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 176 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 177 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 178 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 179 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 180 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 181 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 182 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 183 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 184 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 185 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 186 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 187 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 188 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 189 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 190 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 191 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits)

5.H.b
Packet Pg. 192 Attachment: OpenCounter Ct. 4384 (4986 : OpenCounter Contract Modification for Special Events Permits) 1 FIRST MODIFICATION OF AGREEMENT NO. 4384
This First Modification of Agreement Number 4384 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (OpenCounter) is made with reference to the following:

RECITALS
A. On or about September 13, 2020, the City and OpenCounter entered into Software License Agreement Number 4384 (“Original Agreement”) for access to certain software-based services provided by City and accessed via the Internet and related professional services.

B. The City and OpenCounter desire to modify the Original Agreement to extend its subscription to the OpenCounter Zoning and Business Portals for one additional year and increase the contract price to pay for the additional term.

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

1. Section 18 of the Original Agreement entitled “Term and Termination; Rights Upon Termination” shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and terminates on September 12, 2021 unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

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

Additional Services. OpenCounter will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services.

3. Section 6 of the Original Agreement entitled “License Fees and Support Service Fees” shall be modified by adding the following paragraph:

Compensation. The City will compensate OpenCounter for the Additional Services in an amount not to exceed $38,000, as set forth herein.

The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed $180,500.

DocuSign Envelope ID: 6B2873A9-8B7F-4D8B-983F-9C413FDF7F6F 9/30/2020

5.H.c
Packet Pg. 193 Attachment: OpenCounter Ct. 4384 First Modification [Revision 1] (4986 : OpenCounter Contract Modification for Special Events Permits) 2 4. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
OpenCounter Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 6B2873A9-8B7F-4D8B-983F-9C413FDF7F6F George Cardona
Interim City Attorney
9/27/2020
9/28/2020
CEO
Open Counter Enterprises Inc.

Joel Mahoney
Lane Dilg
Interim City Manager
9/30/2020
Denise Anderson-Warren
City Clerk
9/30/2020

5.H.c
Packet Pg. 194 Attachment: OpenCounter Ct. 4384 First Modification [Revision 1] (4986 : OpenCounter Contract Modification for Special Events Permits) 3 Exhibit A-1
Scope of Services
OpenCounter will continue to make available to the City of Santa Monica licensed access to the following Hosted Services:

Company Zoning Portal
The Company Zoning Portal renders complex land use regulations in the browser and makes regulations responsive to citizen inquiries.

Specifically, the Company Zoning Portal helps applicants navigate the site selection process by answering the seemingly simple question: "Where is my project permitted?" It does so by analyzing and importing the logical structure of the municipal code, factoring in the kind of project constituent end users want to pursue and secondary issues that may have huge implications for like use, such as whether a restaurant will serve alcohol, or have live entertainment.

Powered by a patent-pending geospatial rules engine, the Company Zoning Portal brings a new level of service to applicants, freeing them from parsing through dense code publishing sites and normalizing the process to an intuitive mapping interface while putting applicants in touch with City Subject Matter experts to facilitate formal zoning and land use applications.

Company Business Portal
The Company Business Portal helps entrepreneurs understand the costs and complexity of establishing or growing a business. The Company Business Portal guides applicants through an intuitive permit discovery process, and estimates the time and cost associated with the specifics of their project. Once applicants are ready to proceed, it also instructs them on the next steps for the permits and licenses that have been triggered.

DocuSign Envelope ID: 6B2873A9-8B7F-4D8B-983F-9C413FDF7F6F

5.H.c
Packet Pg. 195 Attachment: OpenCounter Ct. 4384 First Modification [Revision 1] (4986 : OpenCounter Contract Modification for Special Events Permits) 1 SECOND MODIFICATION OF AGREEMENT NO. 4384
This Second Modification of Agreement Number 4384 (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (“OpenCounter”) is made with reference to the following:

RECITALS
A. On or about September 13, 2017, the City and OpenCounter entered into Software License Agreement Number 4384 (“Original Agreement”) for access by City to certain software-based services provided by OpenCounter and accessed via the Internet and related professional services.

B. On or about September 30, 2020, City and OpenCounter executed a First Modification of Agreement No. 4384 (“First Modification”), which extended City’s access to the OpenCounter Zoning and Business Portals for one additional year through September 30, 2021 and increased the contract price to pay for the additional term. The Original Agreement as modified by the First Modification is referred to as the Agreement.

C. City and OpenCounter now desire to modify the Agreement to expand the OpenCounter software-based services to which City has access to include the “Special Events Portal” module increase the contract price by $49,600 to pay for City’s access to the additional module, and extend the term of the Agreement as it applies to City’s access to the “Special Events Portal” only from July 1, 2021 to September 12, 2022.

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

1. Section 18 of the Agreement entitled “Term and Termination; Rights Upon Termination” shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and, with respect to City’s access to and use of the “Special Events Portal,” terminates on September 12, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. OpenCounter and City agree that City’s access to and use of the Zoning and Business Portals will terminate on September 30, 2021, as provided in the First Modification, unless extended by the parties in writing.

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

Additional Services Two. OpenCounter will perform all of the addiDocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D 6/30/2021

5.H.d
Packet Pg. 196 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 2 tional services (“Additional Services Two”) described in Exhibit A-2, Scope of Additional Services.

3. Section 6 of the Agreement entitled “License Fees and Support Service Fees” shall be modified by adding the following paragraph:

Additional Compensation. The City will compensate OpenCounter for the Additional Services Two in an amount not to exceed $49,600, as set forth in Exhibit B-2 - Budget. The total contract price for services pursuant to the Agreement and this Second Modification shall not exceed $230,100.

4. New Section 24.2 entitled “Data Breach Obligations” shall be added to the Agreement to read as follows:

24.2 Open Counter’s Data Breach Obligations – In the event that any personal identifying information (“PII”) provided to OpenCounter is subject to unauthorized acquisition, access, use, or disclosure that compromises the security, confidentiality, or integrity of such PII (a “Data Breach”), OpenCounter shall promptly notify the City as soon as practical and cooperate with any remedial and notification requirements needed to remediate the Data Breach.

5. Exhibit A-2, Scope of Additional Services, and Exhibit B-2 - Budget are attached hereto and incorporated both herein and into the Agreement by reference. Accordingly, Section 23 of the Agreement entitled “Exhibits” shall be modified to read as follows:

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

Exhibit A Proposal of OpenCounter
Exhibit A-1 Additional Services
Exhibit A-2 Additional Services Two
Exhibit B License Fees and Support Services Fees
Exhibit B-2 Budget
Exhibit C Vendor’s Support Policy as of the Effective Date Exhibit D Insurance Requirements

DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 197 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 3 6. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
OpenCounter Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D 6/29/2021
Interim City Attorney
George S. Cardona
Joel Mahoney
Open Counter Enterprises Inc.
6/29/2021
CEO
John Jalili
6/30/2021
City Clerk Interim City Manager
6/30/2021
Denise Anderson-Warren

5.H.d
Packet Pg. 198 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 4 Exhibit A-2
Scope of Additional Services
OpenCounter agrees to provide the Additional Services described below through September 12, 2022:

DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 199 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 5 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 200 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 6 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 201 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 7 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 202 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 8 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 203 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 9 DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 204 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 10 Exhibit B-2
Budget
OpenCounter will provide the Additional Services for the compensation outlined below. The total compensation paid to OpenCounter for the Additional Services shall not to exceed $49,600. The total compensation paid to OpenCounter under the Agreement and this Second Modification shall not exceed $230,100.

DocuSign Envelope ID: 4B0D9CFE-D98A-4A33-A003-4FB10F96231D

5.H.d
Packet Pg. 205 Attachment: OpenCounter Ct. 4384 Second Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 1 THIRD MODIFICATION OF AGREEMENT NO. 4384
This THIRD MODIFICATION of Agreement Number 4384 (“Third Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Open Counter Enterprises, Inc. (“OpenCounter”) is made with reference to the following:

RECITALS
A. On or about September 13, 2017, City and OpenCounter entered into Software License Agreement Number 4384 (“Original Agreement”) for access by City to certain software-based services provided by OpenCounter and accessed via the Internet and related professional services.

B. On or about September 30, 2020, City and OpenCounter executed a First Modification of the Original Agreement (“First Modification”), which extended City’s access to the OpenCounter Zoning and Business Portals for one additional year through September 30, 2021 and increased the contract price to pay for the additional term.

C. On or about June 30, 2021, City and OpenCounter executed a Second Modification of the Original Agreement (“Second Modification”), which increased the contract price to pay for an additional module and extend the term applicable to the Special Events Portal through September 12, 2022. The Original Agreement, as modified by the First Modification and the Second Modification, is referred to as the Agreement.

D. City and OpenCounter now desire to modify the Agreement to expand its scope for an OpenCounter Online Payments- Paymentus Integration project delivered by OpenCounter at no additional cost to the City on or before September 12, 2022.

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

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

Additional Services Three. OpenCounter will perform all of the additional services (“Additional Services Three”) described in Exhibit A-3, Scope of Additional Services - Online Payments- Paymentus Integration.

2. Section 18 of the Agreement entitled “Term and Termination; Rights Upon Termination shall be deleted in its entirety and replaced with the following paragraph:

Term. The Term of this Agreement begins on the Execution Date and, with respect to City’s access to both: (1) use of the “Special Events Portal,” and (2) the DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2 9/20/2021

5.H.e
Packet Pg. 206 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 2 Online Payments- Paymentus Integration project outlined in Additional Services Three, terminates on September 12, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. Open-Counter and City agree that City’s access to and use of the Zoning and Business Portals will terminate on September 30, 2021, as provided in the First Modification, unless extended by the parties in writing.

3. Exhibit A-3, Scope of Additional Services, and Exhibit B-3 - Budget are attached hereto and incorporated both herein and into the Agreement by reference. Accordingly, Section 23 of the Agreement entitled “Exhibits” shall be modified to read as follows:

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

Exhibit A Proposal of OpenCounter
Exhibit A-1 Additional Services
Exhibit A-2 Additional Services Two
Exhibit A-3 Additional Services Three
Exhibit B License Fees and Support Services Fees
Exhibit B-2 Budget
Exhibit B-3 Revised Budget
Exhibit C Vendor’s Support Policy as of the Effective Date Exhibit D Insurance Requirements

4. Exhibit B-2 Budget is modified as reflected in Exhibit B-3 Revised Budget to reflect that Additional Services Three will be provided without any additional charge to City. All references to Exhibit B-2 shall refer to Exhibit B-3.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 207 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 3 5. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
OpenCounter Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2 George S. Cardona
Interim City Attorney
9/16/2021
Joel Mahoney
Open Counter Enterprises Inc.
9/16/2021
CEO
9/20/2021
Interim City Manager
John Jalili
9/21/2021
Denise Anderson-Warren
City Clerk

5.H.e
Packet Pg. 208 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 4 Exhibit A-3
Scope of Additional Services
OpenCounter agrees to provide the Additional Services described below through September 12, 2022:

See Next Page
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 209 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) Santa Monica, California
Statement of Work for
OpenCounter
Online Payments - Paymentus Integration
Version 1.1
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 210 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 2 Revision History 4
Document Purpose 5
Contact Information 5
Project Approach 5
Vendor Project Management Responsibilities 6
Client Project Management Responsibilities 6
Scope 6
Guided Checkout Workflow 7
Branding 7
Website Hosting 8
Payment Receipts 8
Business Rules 9
Recurring payments 9
Maximum Payment Amount 9
Tender Type Restrictions 10
Payment Types 10
Payment Processing 10
Integrations 12
Additional Functionality 14
Training 14
Schedule 14
Project Kickoff and Discovery 14
Project Schedule 15
Appendix A: Supported Functionality 17
Appendix B: Additional Functionality 17Appendix C: Integration Assumptions 20 Appendix D: Flat File Integration 21
Lookup File 21
Vendor Responsibilities 21
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 211 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 3 Client Responsibilities 21
Field Specifications: 21
Postback 22
Vendor Responsibilities 22
Client Responsibilities 23
File Specifications 23
Appendix E: Project Schedule 20
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 212 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 4 Revision History
Date Changes Editor Version Number
2021.03.17 Initial draft MJ 1.0
2021.06.11 Finalize edits MJ 1.1
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 213 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 5 THIS STATEMENT OF WORK (this “Statement of Work”) is entered as of the date on which both parties have signed below by and between Open Counter Enterprises, Inc. (“Vendor” or “OpenCounter”) and the City of Santa Monica (“Customer” or “Client” or “client” City”) and is subject to, and made a part of, the Master Services Agreement effective as of [DATE] between Vendor and Customer (the “Agreement”). Capitalized terms used, but not defined, in this Statement of Work have the meanings given such terms in the Agreement.

Document Purpose
The purpose of this document is to establish the scope for an OpenCounter Online Payments project delivered byOpenCounter. This document will be used for any new project, including new implementations and updates to existing implementations.

This document will establish the high level scope of the project. It will be signed at the beginning of the project and will drive all subsequent implementation activities - the project kickoff and the coordination of Vendor project team resources.

Appendix A contains information regarding the supported functionality of our systems. Vendor is not expected to deliver functionality beyond the items listed in Appendix A unless explicitly documented in Appendix B.

Any changes made to this document following the initial approval will require a Change Order.

These changes may result in modifications to project schedule and/or pricing for the project.

CityBase, Inc. (“CityBase”), a Company Affiliate, will provide Third Party Features.

Contact Information
Primary CityBase POC: Name: Jim Murphy
Phone No.: 312 860 8286
Email: [email protected]
Vendor Project Manager Name: Matt Lesiczka
Phone No.: 978 852 5330
Email: [email protected]
Client Decision Maker Name: Joseph Cevetello
Email: [email protected]
Client Technical POC Name:Sreekanth Maddali
Email:[email protected]
Project Approach
Vendor will support online payments for Santa Monica, California.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 214 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 6 Vendor will leverage the Standard Checkout solution to provide a secure, PCI compliant method of payment processing for the City and will route transactions to Paymentus for processing.

Vendor Project Management Responsibilities
Vendor will have a Project Manager assigned to this engagement. The project manager’s roles and responsibilities include:

1. Coordinating the development of the project plan in consultation with Client project manager and team members

2. The timely delivery of items identified as in scope within this Statement of Work

3. Providing Client with timely and detailed descriptions of action items assigned to them throughout the project

4. Advising Client of expected completion dates for items identified in this Statement of Work and in the project plan

5. Advising Client of the impact on expected delivery dates when prerequisite tasks, such as the completion of discovery or approval on documentation, are advanced or delayed

6. Monitoring the progress of the project and advising Client of risks to its on-time completion

7. Coordinating the completion and approval of change orders Client Project Management Responsibilities

1. The timely delivery of items assigned to Client

2. Advising the project team of expected delivery dates for items assigned to Client

3. Ensuring that change orders contain a full specification of the changes required

4. Ensuring that all Client team members have a clear understanding of their responsibilities to the project

5. Coordinating with team members within various departments and vendors at Client

6. Identifying appropriate resources for the project both internally and with third party vendors
Scope
Vendor supports three forms of online payment. Standard, Guided and Profile. The functionality for each type is outlined below.

Standard
Payment
Guided
Payment
Profile
Payment
Collect amount due and line item details via POST from source system
✔
Support one or more line items in payment ✔ ✔ ✔
Collect payment from customer for card or bank ✔ ✔ ✔
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 215 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 7 Email receipt to customer ✔ ✔ ✔
Redirect customer after payment ✔ ✔ ✔
Research, Report, Reconcile in Revenue Management ✔ ✔ ✔ Update source system after payment is complete ✔ ✔ ✔
Vendor is Payment Processor or Gateway ✔ ✔ ✔
Look up your balance from a source system, or enter in the amount due
✔
Store Payment Instruments, and demographics for future
payments
✔
AutoPay ✔
Perform lookup to source system to determine amount due ✔ ✔ Payment Workflows Supported x Standard
� Guided
� Profile
Branding
The online payment experience can be branded to meet the client’s branding guidelines. Detailed requirements will be collected during the discovery phase of the project and documented in the Client Branding Worksheet as shown in Appendix G.

Website Hosting
Vendor will host the website within our Amazon Web Services (AWS) infrastructure.

The Vendor platform will use a subdomain supplied by the client, providing a seamless and native payment experience for the client’s customers.

The client is responsible for pointing a DNS record to the CityBase Amazon load balancer that hosts our cloud-based application. This will allow CityBase to use the subdomain for the customers’ interface.

The client will also be required to generate 2 additional CNAME DNS records for the purpose of domain validation, so that CityBase can issue an SSL certificate for the sub domain. CityBase will handle generating and renewing the certificate
Website URL/Subdomain
pay.<yourdomain>.gov
To be determined during discovery
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 216 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 8 Payment Receipts
Receipt Type X E-mail
Users will receive a payment receipt for each payment processed. The contents of the receipts are outlined below:
● All receipts:
○ Client name
○ Client business address
○ Transaction date and time
○ Transaction number
○ Account number (masked)
○ Amount paid
○ Authorization number (for credit card payments only)
○ Client Customer support phone number
○ “Reply to” email address for client
○ Client logo and banner colors
■ Header Image
■ Header Color
■ Support Contact
■ Text in footer
Business Rules
There are business rules that can be established in the workflow. These are intended to control what actions end users are able to make in the workflow.

Maximum Payment Amount
The maximum amount that can be paid in one transaction. For example, a maximum of $500 dollars can be made in one transaction. If there is a per transaction limit, please provide it below. � N/A - There are no per transaction limits
Tender Type Per Transaction Limit
Maximum Amount $500,000 – Credit Cards and $1,000,000 for eChecks
Payment Types
� N/A - No changes to existing applications are included DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 217 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 9 Number of agencies 1
List of obligation types for each agency (water, business permit, parking ticket, etc.)
Permits
Number of CityBase Payment workflows required 0 (payments will be made via Standard Checkout)
Payment Processing
� N/A - Client is already setup for Payments and no changes are needed Tender Types Accepted (check all that apply) x Check (Personal and Business) x Visa / MasterCard / Discover
x American Express
American Express Onboarding � OptBlue
� Client American Express MIDs
x Other: Paymentus
Payment Processor (applies to Credit Card only) � CityBase via Fiserv � CityBase via Chase
x Other: _Paymentus__________
Check Payments � ACH via Chase
� CityBase will generate NACHA
x Other: __Paymentus___________
ACH Return Reporting in Revenue Management
Dashboard
x None
� Displayed via automated bank file
import
Bank Account deposits x Single bank account
� Multiple bank accounts
Fees shown to / paid by Payer - Credit Card � N / A
� Amount: ______ / txn
x Amount: _2.95%_____ %
� Fee is a separate transaction
Fees shown to / paid by Payer - Check x N / A
� Amount: ______ / txn
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 218 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 10 � Amount: ______ % ($__ minimum)
Reporting in Revenue Management Dashboard x Standard (see Appendix A) � Enhanced*
* May be subject to additional fees
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 219 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 11 Integrations
� N/A - No new or updated integrations are included with this project Number of source system integrations 1
For each source system integration, list the source
system name, lookup method, postback method
Source System:
__Opencounter___________
Lookup:
x None � API
� Flat file
� Other: ___________
Postback:
� None x API
� Flat file
� Other: ___________
Integration Complexity:*
x Low � High
Supported lookup methods* None (Standard Checkout)
Number of financial system integrations (if separate
from the source system)
0 *Complexity for integrations are outlined in Appendix D. If an integration is qualified as low complexity, but the assumptions do not hold true during the implementation, additional fees may be charged.

If there is a material change in the complexity of the integration, or if there are delays to discovery during the project, a minimum fee of $5,000 may be assessed by Vendor, in addition to Professional Services hours required to complete the application integration. Examples of material changes or delays include:
● Changes to the integration complexity, as defined by the assumptions below ● Changes to the integration documentation as outlined in the Statement of Work ● Failure to deliver integration documentation in a timely manner, as outlined in the Discovery phase in the project schedule
● Lack of access to or intermittent issues with the API test environments ● Inability to deliver sample files or API calls to support Vendor integration development in a timely manner, as outlined in the Discovery phase in the project schedule DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 220 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 12 Additional Functionality
Does this project include functionality beyond what
is outlined in Appendix A of this document?
� Yes (See Appendix B) x No
Training
Vendor’s standard training model is to train the trainers and/or advanced users within the Client organization in all aspects of the applications that are delivered. Training is provided in live training sessions (either in person or remotely), along with user guides and training videos that provide overviews of the product offerings. These guides serve as reference points for Client staff after go-live to specify product features and functionality. Updated guides are provided as new product offerings are made available on the Vendor platform.

Vendor’s Project Manager will determine at which point in the implementation the delivery of training is most appropriate. Vendor provides two one-hour training sessions, both on the same calendar day, to train Client staff. Having received the train-the-trainer training, the Client is responsible for training the Client staff.

Schedule
Project Kickoff and Discovery
Upon contract execution, Vendor will schedule a kickoff meeting. The purpose of the kickoff meeting is to introduce you to the Vendor implementation team that will manage your project and establish clear expectations, next steps and timelines for the project going forward. This kickoff meeting also represents day 1 of the project as indicated in the project plan.

Vendor expects the following attendees from your organization to join the kickoff meetings:
● Finance representatives - the individuals in your organization responsible for your bank accounts and reconciliation
● Technical representatives - the individuals in your organization who manage your source system and/or your billing system vendors
The most important aspect of the project kickoff is to begin the Discovery phase. During Discovery, Vendor expects you, the Client, to provide crucial information needed to implement your kiosks.

CityBase accounts for 2 weeks in our project timeline for you to complete the Discovery documents. If the items below are not completed within this window, your project will be delayed.

Samples of each document are included in the appendices. The documents that must be filled out will be provided to you upon contract signature.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 221 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 13 Your Project Manager, named above, will be responsible for collecting the requested information below. Coordination with your vendors or other internal stakeholders is the responsibility of your project manager.

Deliverable Description
Web Configuration
Worksheet
Specific requirements related to the web page branding, including but not limited to:
● Header logo
● Footer logo
● Favicon
The branding integration worksheet is shown in Appendix G.

Upon receipt of these deliverables, Vendor will review the information provided for accuracy and consistency.

Project Schedule
The project schedule is provided in Appendix E. Dates will be adjusted to reflect the actual SOW execution date at the time of contract signature. Any delays to the Discovery timeline that are caused by the client will impact the project schedule and may have a corresponding cost associated.

Schedule Dependencies � Technical systems changing or upgrading during project
� Project includes replacement of existing vendor
Contract expiration: _______
� Key business dates or dependencies
____Vendor is in the process of building a
PaymentUs integration. That integration will be
leveraged for this project.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

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Packet Pg. 222 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 14 Signature Page
This Statement of Work has been approved by OpenCounter. This document accurately reflects the current understanding of the project scope.

The document is eligible for signature up to 30 days after receipt by the Client. After 30 days, the terms and conditions of this document will need to be revisited.

Following approval of this document, any requested changes or deviations from the scope outlined will be evaluated by Vendor and approved and/or implemented on a case by case basis.

OpenCounter Signature
Name
Title
Date
City of Santa Monica Signature
Name
Title
Date
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 223 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 15 Appendix A: Supported Functionality
Lookup Methods Lookups can be performed by any searchable field that is available via integration. Commonly used lookup methods include Account Number, Address, or Phone Number
Clients can choose to require an additional data point as secondary validation.

Lookup search results display data that is directly returned from the source system. The application will not manipulate this data.

Display Account Details Profile will display account details including account number, account balance, and line items totalling the total amount due. Displaying these account details requires that the source system returns the data in the lookup response.

Postback Methods Vendor can perform a real-time post back to the source system.

This is dependent on the source system having an endpoint available and accessible to Vendor.

Flat file reporting of
Transactions
Vendor can provide flat file transaction reports that align with the calendar day or batch cutoff time. Files will include all successful transactions for the reporting period.

Files can be comma or pipe delimited. Files can be posted to a Vendor or Client SFTP.

Receipts Email receipts are available. Customers will only receive one receipt per transaction. The visual layout of receipts cannot be modified.

Clients configuration options include branding for email receipts, showing/hiding specific fields and customizing specific text.

Reporting The following standardized reports are available and included at no cost:
● Revenue Collected
● Last Refresh
● Total Transactions
● Transaction Value and Volume
● Payment Totals and Sources
● All Payments
● Average Transaction Time in Seconds
● Incremental New Users
● Monthly Transactions by Tender
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 224 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 16 ● Transactions by Day of Week
● Transactions by Hour
● Chargeback Report - This report is only included if Vendor is the PayFac
● NACHA File Reconciliation Report
Additional reports may be configured and could have an additional cost associated.

Credit Card
Chargebacks
If Vendor is acting as the payment processor, chargeback information will be provided to the client through Revenue Management. Disputing chargebacks is the responsibility of the Client. Chargebacks can be disputed through our Acquiring partner, Fiserv.

If Vendor is not acting as the payment processor, chargebacks are reported on and managed through your processing partner.

Vendor is not involved in the chargeback process.

Recurring payments Vendor recurring payments allow users with profiles to use a stored payment method to automatically process their transactions against their accounts.

Once the payment is attempted, users are provided either a receipt if their payment is successful or an emailed notification if their payment failed.

Notifications (Profile) Users can take a number of actions on their profile. To keep customers up to date on their activity, Vendor sends notifications out to the user for their activity. These notifications include:
● Registration (verify your email address)
● Welcome (your email has been verified)
● Reset password
● Payment receipt
● Autopayment failure
● Card attached to an autopay is about to expire
● Autopay has been turned on
● Autopay has been turned off
● Your password has been changed
● Upcoming autopayment reminder
Note: These notifications are all required when using the Vendor profile offering.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 225 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 17 Appendix B: Additional Functionality
None.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 226 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 18 Appendix C: Integration Assumptions
Below is our framework for estimating development and integration work for the Vendor Platform.

Low-Complexity Integrations Assumptions
● Vendor or client provides integration documentation for the system. Client is responsible for coordinating with the CIS vendor to provide technical specifications for all integration components.
● Sample API calls are provided in an industry standard and acceptable format such as:
○ SOAP API: SOAP UI
○ REST API: Postman
● Lookups and postbacks use:
○ A REST API
■ Sample API calls provided
○ A SOAP API
■ Sample API calls provided
○ A flat file lookup
■ Sample file provided
● No custom business logic is required. The results are displayed as returned from the source system.
○ For example, Vendor receives the amount due for the obligation from the underlying system. No calculation is required to determine the amount paid. ● Source system is Live and unchanging during implementation ● Vendor has access to a test environment for integration development that has all of the same capabilities as production
High-Complexity Integrations Assumptions
● Documentation provided by the County or its vendors is non-standard / is created specifically for this project
● Lookups and postbacks use:
○ DataBase Table query or view
● Vendor must do a translation or transformation of the results ● Source system is not yet live or undergoing an update during Vendor implementation ● There is no test environment available, or the test environment contains a subset of the functionality available in production
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 227 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 19 Appendix D: Source System Integration
CityBase will be integrating with Opencounter using a combination of Standard Checkout and the CityBase Payment Response Webhook.

This integration will allow CityBase to process payments and report payment activity back to Opencounter.

The following pages contain the specifications for both integrations.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 228 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 20 Appendix E: Project Schedule
The table below describes the timeline for your project. Once we have reached a signed agreement with you, we will schedule our resources per this timeline and apply them to a Project Schedule and Gantt Chart. That schedule will be reviewed with you in the Project Kickoff meeting. We have also attached a Work Breakdown Structure to specify the tasks associated with each phase of your project.

Phase Duration Description
Kickoff Within 2 weeks Upon execution, we will work with your team to schedule a project kickoff meeting.

Discovery:

Client
Deliverables
submitted
2 Weeks As mentioned above, the first part of Discovery requires a list of deliverables from the client where we finalize the requirements for your solution and gather the remaining information we need. Our schedule assumes that this
information is provided within 2 weeks of the Project
Kickoff.

Discovery:

Approve
Deliverables
2 Weeks Upon receiving Client Deliverables, Vendor will review those deliverables and work with you to resolve any issues or open items.

Waiting for
Build
Variable We will not start to build your solution until Discovery is complete. Since we have many projects happening in
parallel we cannot always guarantee that the build will start immediately following the completion of Discovery.

Once you sign an agreement, your spot in the build
schedule will be reserved and will be dependent on
Discovery completing within the 4 week timeline described above. Your Project Manager will work with you to ensure you remain on target for these timelines.

Build / Test 2 weeks Once we have started the Build process, we estimate 5 weeks to build and test your solution before making it
available in a test environment
Go Live Go Live will happen upon the completion of successful UAT.

Total to GoLive10 weeks
Project
Closeout
2 weeks Following a successful Go-Live, we will close out the project and transition you to our Customer Support and
Engagement Teams.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 229 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 21 Appendix F: Source System Integration Worksheet
This page is intentionally left blank
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 230 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 22 Appendix G: Web Configuration Worksheet
This page is intentionally left blank
DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 231 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) 1 Exhibit B-3
Budget
OpenCounter will provide the Additional Services Three to implement and complete the Online Payments - Paymentus Integration project described in Exhibit A3 for no additional fee. The total compensation paid to OpenCounter under the Agreement and this Third Modification shall not exceed $230,100.

DocuSign Envelope ID: 429DC756-A846-4B6C-9FC5-B8EC22834DF2

5.H.e
Packet Pg. 232 Attachment: OpenCounter Ct. 4384 Third Modification (4986 : OpenCounter Contract Modification for Special Events Permits) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.I
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To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Adoption of a Resolution accepting the tentative agreements and authorizing the City Manager to negotiate and execute Memoranda of Understanding with the Public Attorneys Union (PAU) and and the Public Attorneys’ Legal Support Staff Union (PALSSU) and a Side Letter of Agreement with the Coalition of Santa Monica Employees (Coalition), and revise the Executive Pay Plan
Recommended Action
Staff recommends that the City Council:

2. Adopt the salary schedule (Attachment B); and

3. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.

Summary
In accordance with the Meyers-Milias-Brown Act (MMBA), negotiations between the City and the Public Attorneys Union (PAU) and the Public Attorneys’ Legal Support Staff Union (PALSSU) have resulted in a Tentative Agreement (TA) regarding a successor Memorandum of Understanding (MOU) with each bargaining unit. Additionally, the City and the Coalition of Santa Monica Employees (Coalition) have met and conferred and have reached a TA on the terms and conditions of –medical benefits for miscellaneous employees. The City has also modified the pay plan for the department heads and other executive-level employees, referred to as the Executive Pay Plan (EPP).

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Discussion
Under the Meyers-Milias-Brown Act (MMBA) in California, local public agencies negotiate with exclusively recognized employee organizations on wages, hours, and working conditions. The City currently is in negotiations with ten of these employee organizations (often referred to as bargaining groups or unions) whose contracts with the City expire on June 30, 2022.

Public Attorneys’ Union
The Public Attorneys’ Union (PAU) represents 23 attorneys in the City Attorney’s Office The classifications range from Deputy City Attorney I-III and Chief Deputy City Attorney.

The Memorandum of Understanding (MOU) between the City and PAU, and between the City and PALSSU, each establishes wages, hours, and other terms and conditions of employment. The current agreement’s term is effective from July 1, 2020 through June 30, 2022.

Public Attorneys’ Legal Support Staff Union
The Public Attorneys’ Legal Support Staff Union (PALSSU) represents 19 members who are the support staff in the City Attorney’s Office. The MOU between the City and PALSSU, each establishes wages, hours, and other terms and conditions of employment.

Both PAU and PALSSU finalized the ratification voting process, approving the terms of the TA. City staff recommend the Council approve the ratified TA to establish successor agreements between the City and Coalition. These bargaining units represent the first two groups to reach tentative agreements; the City is actively negotiating with eight other bargaining units.

Miscellaneous Employees’ Coalition
Negotiations with Coalition representatives were largely informal and resulted in an expedited agreement regarding the medical benefits and conditions of the MOU between the City and the Coalition. The City and the Coalition reached a tentative

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agreement regarding the terms and conditions of medical benefits for Coalitionrepresented employees.

The Coalition finalized the ratification voting process, approving the terms of the TA.

City staff recommend the Council approve the ratified TA to establish a Side Letter Agreement between the City and Coalition.

City staff recommend the Council approve the ratified TA to establish successor agreements between the City and Coalition.

The overall policy of the City has been to maintain competitive benefits and working conditions in a high-cost geographic labor market in order to retain and attract a highquality workforce to serve our community across a wide range of specialized services.

Since most, though not all, City jobs are most comparable to those in other (competing) municipal organizations, the City has traditionally looked to full-service cities in our region of similar size and financial strength for labor market comparisons. The terms of the tentative agreements bring the City closer in alignment with our ten comparable peer cities while simultaneously preserving a level of benefits that will keep the City of Santa Monica competitive in a tight labor market. Peer cities include Anaheim, Beverly Hills, Burbank, Culver City, El Segundo, Glendale, Inglewood, Pasadena, Redondo Beach, Santa Barbara, and Torrance.

The substantive changes are outlined below:

Coalition - Medical
• Term of Agreement: January 1, 2022, through December 31, 2023 • Continuation of status quo for one additional year to expire December 31, 2023 PAU
• Term of Agreement: July 1, 2022, through June 30, 2025 • July 1, 2022 = 4.5% salary increase plus a one-time signing bonus of $2,000,

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effective July 1, 2022, or the first pay period following Council approval of the MOU, whichever is later.
• July 1, 2023 = 3% salary increase
• July 1, 2024 = 2% salary increase
• Add Cesar Chavez and Juneteenth as paid holidays
• Restoration of Sick Leave Buyback Program
PALSSU
• Term of Agreement; July 1, 2022, through June 30, 2025 • July 1, 2022 = 4.5% salary increase plus a one-time signing bonus of $2,000, effective July 1, 2022, or the first pay period following Council approval of the MOU, whichever is later.
• July 1, 2023 = 3% salary increase
• July 1, 2024 = 2% salary increase
• Restoration of Sick Leave Buyback Program
• One additional non-cashable leave day
• Add Cesar Chavez and Juneteenth as paid holidays
EPP
• Term of Pay Plan: July 1, 2022, through June 30, 2025

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• July 1, 2022 = 4.5% salary increase plus a one-time signing bonus of $2,000, effective July 1, 2022, or the first pay period following Council approval of the MOU, whichever is later.
• July 1, 2023 = 3% salary increase
• July 1, 2024 = 2% salary increase
• Allow for annual changes to the employee contributions for the 401(a) plan. • Tuition Reimbursement increase from $2,000 per fiscal year to $2,500 per fiscal year.
• Add Cesar Chavez and Juneteenth as paid holidays
Financial Impacts and Budget Actions
The total cost of the negotiated changes contained in the tentative agreements presented in this report is approximately $825,000 for FY 2022-23. The budget impact of these changes was included in the FY 2021-22 through FY 2027-28 Five-Year Financial Forecast for the General Fund and Big Blue Bus Fund. If the changes are approved, staff will appropriate the FY 2022-23 changes in Non-Departmental for the General Fund and Big Blue Bus Fund. The funds will be transferred to the relevant funds and department accounts along with the FY 2021-22 Year-end Budget changes being presented to Council on October 25, 2022.

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Prepared By: Ericka Reinke, Senior HR Analyst
Approved Forwarded to Council
Attachments:

A. PALSSU.PAU.EPP.Coalition Roll-Over RESO 6.28.22
B. FY21-22 Step Salary Grades 4.5% 6.28.2022

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1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ACCEPTING THE

TENTATIVE AGREEMENTS AND AUTHORIZING THE CITY MANAGER

TO EXECUTE MEMORANDA OF UNDERSTANDING WITH THE
PUBLIC ATTORNEYS’ LEGAL SUPPORT STAFF UNION AND THE PUBLIC

ATTORNEYS UNION, AND A SIDE LETTER OF AGREEMENT WITH THE

COALITION OF SANTA MONICA CITY EMPLOYEES, AND REVISE THE EXECUTIVE

PAY PLAN
WHEREAS, authorized representatives of the City administration and the Public Attorneys’ Legal Support Staff Union, Public Attorneys Union, and Coalition of Santa Monica Employees, have met and conferred in accordance with the Meyers-Millias Brown Act (“MMBA”), codified at Government Code Section 3500 et seq., and have reached agreement on wages, hours, and other terms and conditions of employment; and WHEREAS, in accordance with Government Code Section 3505.1, on June 28, 2022, the tentative agreements reached between authorized representatives of the City administration and the Public Attorneys’ Legal Support Staff Union, Public Attorneys Union, and Coalition of Santa Monica Employees; and a revised Executive Pay Plan, were presented to the City Council of the City of Santa Monica for consideration; and WHEREAS, Government Code Section 3505.1 requires preparation of a written Memorandum of Understanding between the City and the employee organization if a tentative agreement is reached and adopted by the City Council; and

5.I.a
Packet Pg. 239 Attachment: PALSSU.PAU.EPP.Coalition Roll-Over RESO 6.28.22 [Revision 2] (5166 : COALITION-EPP-PAU-PALSSU) 2 WHEREAS, the purpose of the Memoranda of Understanding, Side Letter of Agreement, and Pay Plans is to promote and provide harmonious relations, cooperation, and understanding between the City and the Public Attorneys’ Legal Support Staff Union, Public Attorneys Union, Coalition of Santa Monica Employees, and participants of the Executive Pay Plan;

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

SECTION 1. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Public Attorneys’ Legal Support Staff Union establishing the terms and conditions of employment and authorizes the City Manager to execute a Memorandum of Understanding with the Public Attorneys’ Legal Support Staff Union (FY2022-2025), in accordance with this agreement.

SECTION 2. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Public Attorneys Union and authorizes the City Manager to execute a Memorandum of Understanding with the Public Attorneys Union (FY2022-2025), in accordance with this agreement.

SECTION 3. The City Council of the City of Santa Monica hereby accepts and approves the tentative agreement that has been reached between authorized representatives of the City administration and the Coalition of Santa Monica Employees

5.I.a
Packet Pg. 240 Attachment: PALSSU.PAU.EPP.Coalition Roll-Over RESO 6.28.22 [Revision 2] (5166 : COALITION-EPP-PAU-PALSSU) 3 and authorizes the City Manager to execute a Side Letter of Agreement with the Coalition of Santa Monica Employees (FY2022-2023) in accordance with this agreement, SECTION 4. The City Council of the City of Santa Monica hereby approves and authorizes the City Manager to execute a revised Executive Pay Plan.

SECTION 5. 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:
_________________________

DOUGLAS SLOAN
City Attorney

5.I.a
Packet Pg. 241 Attachment: PALSSU.PAU.EPP.Coalition Roll-Over RESO 6.28.22 [Revision 2] (5166 : COALITION-EPP-PAU-PALSSU) Executive Pay Plan (EPP)
Salary Schedule for June 28, 2022 City Council Meeting
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 825 1 119.79 20,764.00 249,168.00 9,583.38
825 2 125.71 21,789.00 261,468.00 10,056.46
825 3 133.10 23,071.00 276,852.00 10,648.15
825 4 140.49 24,352.00 292,224.00 11,239.38
825 5 147.89 25,634.00 307,608.00 11,831.08
011 1 60.70 10,521.00 126,252.00 4,855.85
011 2 63.70 11,041.00 132,492.00 5,095.85
011 3 67.44 11,690.00 140,280.00 5,395.38
011 4 71.19 12,340.00 148,080.00 5,695.38
011 5 74.94 12,989.00 155,868.00 5,994.92
027 1 70.48 12,216.00 146,592.00 5,638.15
027 2 73.96 12,819.00 153,828.00 5,916.46
027 3 78.31 13,573.00 162,876.00 6,264.46
027 4 82.66 14,327.00 171,924.00 6,612.46
027 5 87.01 15,081.00 180,972.00 6,960.46
090 1 94.03 16,298.00 195,576.00 7,522.15
090 2 98.67 17,103.00 205,236.00 7,893.69
090 3 104.48 18,109.00 217,308.00 8,358.00
090 4 110.28 19,115.00 229,380.00 8,822.31
090 5 116.08 20,121.00 241,452.00 9,286.62
880 1 130.28 22,582.00 270,984.00 10,422.46
880 2 136.71 23,697.00 284,364.00 10,937.08
880 3 144.76 25,091.00 301,092.00 11,580.46
880 4 152.80 26,485.00 317,820.00 12,223.85
880 5 160.84 27,879.00 334,548.00 12,867.23
0025 EPP 950 1 170.82 29,608.00 355,296.00 13,665.23
027 1 70.48 12,216.00 146,592.00 5,638.15
027 2 73.96 12,819.00 153,828.00 5,916.46
027 3 78.31 13,573.00 162,876.00 6,264.46
027 4 82.66 14,327.00 171,924.00 6,612.46
027 5 87.01 15,081.00 180,972.00 6,960.46
055 1 85.53 14,825.00 177,900.00 6,842.31
055 2 89.75 15,557.00 186,684.00 7,180.15
055 3 95.03 16,472.00 197,664.00 7,602.46
055 4 100.31 17,387.00 208,644.00 8,024.77
055 5 105.59 18,302.00 219,624.00 8,447.08
340 1 101.33 17,564.00 210,768.00 8,106.46
340 2 106.33 18,431.00 221,172.00 8,506.62
340 3 112.59 19,516.00 234,192.00 9,007.38
340 4 118.85 20,600.00 247,200.00 9,507.69
340 5 125.10 21,684.00 260,208.00 10,008.00
340 1 101.33 17,564.00 210,768.00 8,106.46
340 2 106.33 18,431.00 221,172.00 8,506.62
340 3 112.59 19,516.00 234,192.00 9,007.38
340 4 118.85 20,600.00 247,200.00 9,507.69
340 5 125.10 21,684.00 260,208.00 10,008.00
282 1 100.60 17,438.00 209,256.00 8,048.31
282 2 105.58 18,300.00 219,600.00 8,446.15
282 3 111.78 19,376.00 232,512.00 8,942.77
282 4 118.00 20,453.00 245,436.00 9,439.85
282 5 124.21 21,529.00 258,348.00 9,936.46
090 1 94.03 16,298.00 195,576.00 7,522.15
090 2 98.67 17,103.00 205,236.00 7,893.69
090 3 104.48 18,109.00 217,308.00 8,358.00
090 4 110.28 19,115.00 229,380.00 8,822.31
090 5 116.08 20,121.00 241,452.00 9,286.62
090 1 94.03 16,298.00 195,576.00 7,522.15
090 2 98.67 17,103.00 205,236.00 7,893.69
090 3 104.48 18,109.00 217,308.00 8,358.00
090 4 110.28 19,115.00 229,380.00 8,822.31
090 5 116.08 20,121.00 241,452.00 9,286.62
057 1 80.22 13,904.00 166,848.00 6,417.23
057 2 84.18 14,591.00 175,092.00 6,734.31
057 3 89.13 15,449.00 185,388.00 7,130.31
057 4 94.08 16,308.00 195,696.00 7,526.77
057 5 99.03 17,166.00 205,992.00 7,922.77
790 1 114.72 19,885.00 238,620.00 9,177.69
790 2 120.39 20,867.00 250,404.00 9,630.92
790 3 127.47 22,094.00 265,128.00 10,197.23
790 4 134.55 23,322.00 279,864.00 10,764.00
790 5 141.63 24,549.00 294,588.00 11,330.31
058 1 85.75 14,864.00 178,368.00 6,860.31
058 2 89.99 15,598.00 187,176.00 7,199.08
058 3 95.28 16,516.00 198,192.00 7,622.77
058 4 100.58 17,433.00 209,196.00 8,046.00
058 5 105.87 18,351.00 220,212.00 8,469.69
090 1 94.03 16,298.00 195,576.00 7,522.15
090 2 98.67 17,103.00 205,236.00 7,893.69
090 3 104.48 18,109.00 217,308.00 8,358.00
090 4 110.28 19,115.00 229,380.00 8,822.31
090 5 116.08 20,121.00 241,452.00 9,286.62
701 1 120.82 20,942.00 251,304.00 9,665.54
701 2 126.78 21,976.00 263,712.00 10,142.77
701 3 134.24 23,269.00 279,228.00 10,739.54
701 4 141.70 24,561.00 294,732.00 11,335.85
701 5 149.16 25,854.00 310,248.00 11,932.62
855 1 127.98 22,184.00 266,208.00 10,238.77
855 2 134.31 23,280.00 279,360.00 10,744.62
855 3 142.21 24,649.00 295,788.00 11,376.46
855 4 150.11 26,019.00 312,228.00 12,008.77
855 5 158.01 27,388.00 328,656.00 12,640.62
800 1 116.52 20,197.00 242,364.00 9,321.69
800 2 122.27 21,194.00 254,328.00 9,781.85
800 3 129.47 22,441.00 269,292.00 10,357.38
800 4 136.66 23,687.00 284,244.00 10,932.46
800 5 143.85 24,934.00 299,208.00 11,508.00
SPECIAL COUNSEL/CHIEF OF STAFF 0045 EPP
FIRE CHIEF 0032 EPP
POLICE CHIEF 0033 EPP
DIR OF RECORDS & ELECTION SVS 0021 EPP
DIR OF SPEC PROJ INFORM SVS 0030 EPP
DIR OF LIBRARY SVS/CITY LIBRN 0024 EPP
DIR OF PUBLIC WORKS 0022 EPP
DIR OF FINANCE(CONTR/CI TREAS) 0026 EPP
DIR OF HR/CHIEF PEOPLE OFFICER 0046 EPP
DIR OF COMMUNITY SERVICES 0050 EPP
DIR OF DEPT OF TRANSPORTATION 0051 EPP
DEPUTY CITY MANAGER 0037 EPP
DIR OF COMMUNITY DEVELOPMENT 0049 EPP
CITY ATTORNEY 0020 EPP

CITY MANAGER
COMMUNICATIONS/PUBL AFFAIRS OF 0035 EPP
CHIEF COMMUNICATIONS OFFICER 0027 EPP
CHIEF INFORMATION OFFICER 0040 EPP
Class Title
ASST CITY MGR/CH OPERATING OFF 0036 EPP
ASST TO THE CITY MANAGER 0038 EPP

5.I.b
Packet Pg. 242 Attachment: FY21-22 Step Salary Grades 4.5% 6.28.2022 (5166 : COALITION-EPP-PAU-PALSSU) Public Attorneys' Legal Support Staff Union (PALSSU)
Salary Schedule for June 28, 2022 City Council Meeting
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate
026 1 41.45 7,184.00 86,208.00 3,315.69
026 2 43.49 7,539.00 90,468.00 3,479.54
026 3 46.05 7,982.00 95,784.00 3,684.00
026 4 48.61 8,426.00 101,112.00 3,888.92
026 5 51.17 8,869.00 106,428.00 4,093.38
020 1 35.45 6,144.00 73,728.00 2,835.69
020 2 37.19 6,447.00 77,364.00 2,975.54
020 3 39.39 6,827.00 81,924.00 3,150.92
020 4 41.57 7,206.00 86,472.00 3,325.85
020 5 43.76 7,585.00 91,020.00 3,500.77
025 1 41.37 7,170.00 86,040.00 3,309.23
025 2 43.41 7,524.00 90,288.00 3,472.62
025 3 45.96 7,967.00 95,604.00 3,677.08
025 4 48.51 8,409.00 100,908.00 3,881.08
025 5 51.07 8,852.00 106,224.00 4,085.54
140 1 47.19 8,179.00 98,148.00 3,774.92
140 2 49.52 8,583.00 102,996.00 3,961.38
140 3 52.43 9,088.00 109,056.00 4,194.46
140 4 55.34 9,593.00 115,116.00 4,427.54
140 5 58.26 10,098.00 121,176.00 4,660.62
141 1 48.28 8,368.00 100,416.00 3,862.15
141 2 50.66 8,781.00 105,372.00 4,052.77
141 3 53.64 9,298.00 111,576.00 4,291.38
141 4 56.62 9,814.00 117,768.00 4,529.54
141 5 59.60 10,331.00 123,972.00 4,768.15
002 1 27.12 4,700.00 56,400.00 2,169.23
002 2 28.45 4,932.00 59,184.00 2,276.31
002 3 30.13 5,222.00 62,664.00 2,410.15
002 4 31.80 5,512.00 66,144.00 2,544.00
002 5 33.47 5,802.00 69,624.00 2,677.85
010 1 37.30 6,465.00 77,580.00 2,983.85
010 2 39.14 6,785.00 81,420.00 3,131.54
010 3 41.45 7,184.00 86,208.00 3,315.69
010 4 43.75 7,583.00 90,996.00 3,499.85
010 5 46.05 7,982.00 95,784.00 3,684.00
028 1 42.67 7,396.00 88,752.00 3,413.54
028 2 44.78 7,761.00 93,132.00 3,582.00
028 3 47.41 8,218.00 98,616.00 3,792.92
028 4 50.04 8,674.00 104,088.00 4,003.38
028 5 52.68 9,131.00 109,572.00 4,214.31
035 1 44.93 7,787.00 93,444.00 3,594.00
035 2 47.14 8,171.00 98,052.00 3,771.23
035 3 49.92 8,652.00 103,824.00 3,993.23
035 4 52.68 9,132.00 109,584.00 4,214.77
035 5 55.46 9,613.00 115,356.00 4,436.77
040 1 46.58 8,074.00 96,888.00 3,726.46
040 2 48.88 8,473.00 101,676.00 3,910.62
040 3 51.76 8,971.00 107,652.00 4,140.46
040 4 54.63 9,470.00 113,640.00 4,370.77
040 5 57.51 9,968.00 119,616.00 4,600.62
025 1 41.37 7,170.00 86,040.00 3,309.23
025 2 43.41 7,524.00 90,288.00 3,472.62
025 3 45.96 7,967.00 95,604.00 3,677.08
025 4 48.51 8,409.00 100,908.00 3,881.08
025 5 51.07 8,852.00 106,224.00 4,085.54
040 1 46.58 8,074.00 96,888.00 3,726.46
040 2 48.88 8,473.00 101,676.00 3,910.62
040 3 51.76 8,971.00 107,652.00 4,140.46
040 4 54.63 9,470.00 113,640.00 4,370.77
040 5 57.51 9,968.00 119,616.00 4,600.62
007 1 28.93 5,015.00 60,180.00 2,314.62
007 2 30.36 5,262.00 63,144.00 2,428.62
007 3 32.15 5,572.00 66,864.00 2,571.69
007 4 33.93 5,881.00 70,572.00 2,714.31
007 5 35.72 6,191.00 74,292.00 2,857.38
010 1 37.30 6,465.00 77,580.00 2,983.85
010 2 39.14 6,785.00 81,420.00 3,131.54
010 3 41.45 7,184.00 86,208.00 3,315.69
010 4 43.75 7,583.00 90,996.00 3,499.85
010 5 46.05 7,982.00 95,784.00 3,684.00
025 1 41.37 7,170.00 86,040.00 3,309.23
025 2 43.41 7,524.00 90,288.00 3,472.62
025 3 45.96 7,967.00 95,604.00 3,677.08
025 4 48.51 8,409.00 100,908.00 3,881.08
025 5 51.07 8,852.00 106,224.00 4,085.54
005 1 28.59 4,956.00 59,472.00 2,287.38
005 2 30.00 5,200.00 62,400.00 2,400.00
005 3 31.77 5,506.00 66,072.00 2,541.23
005 4 33.53 5,812.00 69,744.00 2,682.46
005 5 35.30 6,118.00 73,416.00 2,823.69
141 1 48.28 8,368.00 100,416.00 3,862.15
141 2 50.66 8,781.00 105,372.00 4,052.77
141 3 53.64 9,298.00 111,576.00 4,291.38
141 4 56.62 9,814.00 117,768.00 4,529.54
141 5 59.60 10,331.00 123,972.00 4,768.15
001 1 24.29 4,211.00 50,532.00 1,943.54
001 2 25.49 4,419.00 53,028.00 2,039.54
001 3 26.99 4,679.00 56,148.00 2,159.54
001 4 28.49 4,939.00 59,268.00 2,279.54
001 5 29.99 5,199.00 62,388.00 2,399.54
SR LEGAL ENFORCEMENT ANALYST 0864 LSS
STAFF ASSISTANT - CAO 0862 LSS
PARALEGAL 0858 LSS
RECEPTIONIST 0861 LSS
LEGAL SECRETARY I 0860 LSS
LEGAL SECRETARY II 0854 LSS
LEGAL ASSISTANT 0855 LSS
LEGAL OPERATIONS COORDINATOR 0867 LSS
INVESTIGATOR-CRIMINAL DIV 0850 LSS
LEGAL ADMIN STAFF ASST 0853 LSS
HEARINGS COORDINATOR 0865 LSS
INVESTIGATOR-CONSUMER PROTECT 0851 LSS
EXECUTIVE ASST TO THE CITY ATT 0859 LSS
FAMILY VICTIM ADVOCATE - CAO 0863 LSS
COMMUNITY LIAISON 0857 LSS
CONSUMER AFFAIRS SPECIALIST 0856 LSS
Class Title
ADMIN ANALYST-CAO 0852 LSS
COMMUNITY JUSTICE LEGAL FELLOW 0866 LSS

5.I.b
Packet Pg. 243 Attachment: FY21-22 Step Salary Grades 4.5% 6.28.2022 (5166 : COALITION-EPP-PAU-PALSSU) Public Attorneys Union (PAU)
Salary Schedule for June 28, 2022 City Council Meeting
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 040 1 107.65 18,659.00 223,908.00 8,611.85
040 2 112.97 19,581.00 234,972.00 9,037.38
040 3 119.61 20,732.00 248,784.00 9,568.62
040 4 126.25 21,884.00 262,608.00 10,100.31
040 5 132.90 23,036.00 276,432.00 10,632.00
008 1 52.23 9,053.00 108,636.00 4,178.31
008 2 54.81 9,500.00 114,000.00 4,384.62
008 3 58.03 10,059.00 120,708.00 4,642.62
008 4 61.26 10,618.00 127,416.00 4,900.62
008 5 64.48 11,177.00 134,124.00 5,158.62
009 1 71.38 12,373.00 148,476.00 5,710.62
009 2 74.91 12,984.00 155,808.00 5,992.62
009 3 79.32 13,748.00 164,976.00 6,345.23
009 4 83.72 14,511.00 174,132.00 6,697.38
009 5 88.13 15,275.00 183,300.00 7,050.00
010 1 50.65 8,780.00 105,360.00 4,052.31
010 2 53.46 9,267.00 111,204.00 4,277.08
010 3 56.28 9,755.00 117,060.00 4,502.31
020 1 63.17 10,950.00 131,400.00 5,053.85
020 2 66.29 11,490.00 137,880.00 5,303.08
020 3 70.19 12,166.00 145,992.00 5,615.08
020 4 74.09 12,842.00 154,104.00 5,927.08
020 5 77.99 13,518.00 162,216.00 6,239.08
035 1 97.86 16,963.00 203,556.00 7,829.08
035 2 102.70 17,801.00 213,612.00 8,215.85
035 3 108.74 18,848.00 226,176.00 8,699.08
035 4 114.78 19,895.00 238,740.00 9,182.31
035 5 120.82 20,942.00 251,304.00 9,665.54
Class Title
CITY HEARING OFFICER I 0805 PAU
0806 PAU
CHIEF DEPUTY CITY ATTORNEY 0804 PAU

CITY HEARING OFFICER II
DEPUTY CITY ATTORNEY I 0801 PAU

DEPUTY CITY ATTORNEY II
DEPUTY CITY ATTORNEY III 0803 PAU
0802 PAU

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Packet Pg. 244 Attachment: FY21-22 Step Salary Grades 4.5% 6.28.2022 (5166 : COALITION-EPP-PAU-PALSSU) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 5.J
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Approval of Cancellation of Regular City Council Meeting for August 9, 2022 Recommended Action
Staff recommends that the City Council vote to cancel the regular meeting scheduled for August 9, 2022, due to a lack of a quorum for the summer break.

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

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Packet Pg. 245
1 May 24, 2022

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 24, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McCowan at 5:33 p.m., on Tuesday, May 24, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra

Absent: Mayor Sue Himmelrich
Also Present: City Manager David White
Acting City Attorney Susan Cola
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 5:33 p.m., with all members present except Mayor Himmelrich. Boy Scott Troop 223 led the assemblage in the Pledge of Allegiance.

CLOSED SESSIONS There was no one present for public comment on closed sessions.

On order of the Mayor Pro Tem, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 8:06 p.m., with all members present except Mayor Himmelrich, to report the following:

1.A. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White and Chief People Officer Lori Gentles; Bargaining Units: ATAAdministrative Team Associates; IBT-California Teamsters Local 911; FEMA-Santa Monica Fire Executive Management Association; FIRESanta Monica Firefighters Local 1109 IAFF; MEA-Municipal Employees Association; AFSCME Local 4819, Management Team Association; PALSSU-Public Attorneys’ Legal Support Staff Union; PAU- Public Attorneys Union; POA-Santa Monica Police Officer Association; SMART TD-The International Association of Sheet Metal, Air, Rail, and Transportation Division, Local 1785; STASupervisory Team Associates; Coalition of Santa Monica City Employees.

DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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

MOMENT OF

OBSERVANCE
The Mayor Pro Tem asked for a moment of observance for the 19 students, and 2 adults who were senselessly gunned down at Robb Elementary School in Uvalde, Texas today.

AGENDA
MANAGEMENT:

The Mayor Pro Tem announced there has been a request to hear Item 8.A. before the Study Session.

Motion by Councilmember de la Torre, seconded by Councilmember Brock, to perform agenda management and hear Item 8.A. before the Study Session items. The motion was unanimously approved by voice vote, with Mayor Himmelrich absent.

SPECIAL AGENDA
ITEMS:

2.A. Commendation: Ricardo "Rick" Crocker, was presented.

Members of the public Lauralee Asch- PAL Board President, LT. Sal Lucio- PAL Board and Rick Crocker 5K Chair, and Emma Vides- PAL alumni and parent, spoke in support of this item.

2.B. Proclamation: Bike Month, was presented.

2.C. City Manager Report: Presentation by Assessor Jeff Prang, was rescheduled.

2.D. City Manager Report, was presented.

Member of the public John Alle (time donated by Olga Zuwarska) spoke on this item.

REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he traveled to the Inland Empire to attend the Contract Cities Conference, where they discussed current issues including Homelessness and New State laws. Councilmember de la Torre traveled to Sacramento for the League of California Cities Summit where they held a Lobbying Day, discussed new housing, land use, diversity equity and inclusion, and other unfunded mandates.

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

There were no members of public present for public comment.

Motion by Councilmember Negrete, seconded by Councilmember Davis, to approve the Consent Calendar, reading resolutions 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, DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
WELLS 3.A. Award Bid and Enter Into Agreement No. 11266 (CCS) with Yellow Jacket Drilling Services, LLC for the Construction of Two Replacement Groundwater Supply Wells, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2663 to Yellow Jacket Drilling Services, LLC for the drilling of two replacement groundwater supply wells;

2. Adopt determination that the project is exempt from California Environmental Quality Act (CEQA) pursuant to Section
15302 (Class 2 – Replacement/ Reconstruction;

3. Authorize the City Manager to negotiate and execute an agreement with Yellow Jacket Drilling Services, LLC, in an amount not to exceed $4,854,450 (including a $231,165 contingency); and

4. Authorize the Director of Public Works to issue any necessary change orders to complete additional work within contract authority.

BUSES 3.B. Award Bid and Execute a Purchase Order with Toxguard to provide coolant for Department of Transportation transit buses, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #4405 to Toxguard Fluid Technologies for the purchase of pre-mixed coolant for heavy-duty engines in transit buses for the Department of Transportation;

2. Authorize the Procurement Manager to issue a purchase order with Toxguard Fluid Technologies for heavy-duty engine coolant in the amount not to exceed $394,925, which includes a $35,902 contingency, over a five-year period with future year funding contingent on Council budget approval.

FUEL STORAGE TANKS 3.C. Approval of Second Modification to Agreement #11099 with Fleming Environmental for Urgent Repairs to the Veeder Root System of Underground Fuel Storage Tanks, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #11099 (CCS) (formerly CT# 3438) in the amount of $182,000 (including contingency) with Fleming Environmental Inc., to perform an urgent repair to the Underground Storage Tank (UST) monitoring system at the Public Safety Facility (PSF) along with additional funding for maintenance and repair on DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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the 13 other sites located in the City. This would result in a five-year amended agreement with a new total amount not to exceed $353,730, with future year funding contingent on Council budget approval.

FIRST COURT

PEDESTRIAN MALL

3.D. Adoption of Resolution No. 11420 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA DECLARING ITS INTENTION TO ESTABLISH A

PEDESTRIAN MALL ON A PORTION OF FIRST COURT BETWEEN

SANTA MONICA BOULEVARD AND ARIZONA
AVENUE, IN THE CITY OF SANTA MONICA, CALIFORNIA”, was
adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt a Resolution of Intent declaring the Council’s intent to establish a Pedestrian Mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue;

2. Adopt the determination that the action to approve the Resolution of Intent to establish the Pedestrian Mall is exempt pursuant to CEQA Guideline 15061 (b)(3); and

3. Set a public hearing for September 27, 2022 to consider the establishment of the proposed Pedestrian Mall along a southern portion of 1st Court between Santa Monica Boulevard and Arizona Avenue.

DRUG/ALCOHOL

TESTING

3.E. Approval of Modification to Agreement with Barry W. Leeder, Inc., dba Collections Plus for Drug and Alcohol Collection (Testing) Services, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10724 (CCS) in the amount of $595,000 with Barry W. Leeder Inc. dba Collections Plus, A California based Corporation for professional drug and alcohol testing services for all departments. This will result in a nine-year amended agreement with a new total amount not to exceed $917,820, with future year funding contingent on Council budget approval.

USER EXPERIENCE 3.F. Award User Experience Design and Development Professional Services Agreement Nos. 11267 (CCS) and 11268 (CCS), was approved.

Recommended Action
Staff recommends that the City Council:

1. Award RFP #307 to PXL for user experience, development and other services; to The Glue for user experience, development and other services; and, to WeUsThem for user experience,
development and other services;

2. Authorize the City Manager to negotiate and execute agreements with: PXL to perform as needed user experience, graphic design DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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and other services in an amount not to exceed $95,000 over a 5-year period, with future year funding contingent on Council budget approval; with The Glue to perform as needed user experience, graphic design and other services in an amount not to exceed $95,000 over a 5-year period, with future year funding contingent on Council budget approval; and, with WeUsThem to perform as needed user experience, graphic design and other services in an amount not to exceed $95,000 over a 5-year period, with future year funding contingent on Council budget approval.

TELECONFERENCE

MEETINGS

3.G. Adoption of Resolution No. 11421 (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 adopted.

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 June 23, 2022.

COVID-19 3.H. Adoption of Resolution No. 11422 (CCS) entitled, “AN

EMERGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF

EXISTENCE OF LOCAL EMERGENCY AND SUPPLEMENTAL
PROCLAMATIONS THERETO”, was adopted.

Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order.

STAFF

ADMINISTRATIVE
ITEMS:
600 PALISADES AVENUE

8.A. Approval to Rename Goose Egg Park Located at 600 Palisades Avenue to Bob Holbrook Park, was presented.

Recommended Action
Staff recommends that the City Council consider the Recreation and Parks Commission's recommendation to officially rename Goose Egg Park to Bob Holbrook Park.

Members of the public Jerry Rubin and Johnathan Foster, spoke to the recommended action.

Motion by Councilmember Brock, seconded by Councilmember de la DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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Torre, to adopt the staff recommendation. The motion was approved by the following vote:

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

COUNCIL MEETING

FORMATTING

4.A. Discussion and direction to staff on best practices to change the Agenda formatting to make Council meetings more efficient and consideration of cost and implementation of Hybrid meetings with a call-in option, was presented.

Recommended Action
Staff recommends that the City Council:

1. Review and comment on changing the Council meeting agenda formatting to make meetings more efficient;

2. Discuss potential for hybrid meetings with a call-in option for all boards and commission meetings; and,

3. Provide direction to staff to come back with resolutions amending the Rules of Order and Procedure for the Conduct of City Council meetings, and amending the Establishing Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards.

Members of the public John Alle, Denise Barton, Olga Zurawska, Jerry Rubin, Ann Thanawalla, and Johnathan Foster spoke on the recommendation.

Questions asked and answered of staff included: is it true that none of these item are reducing time, but instead shifting the meeting items; respectful of the public’s time, would mean that all public comment on all items could be heard at the beginning of the meeting; does the City Clerk’s Office have a recommendation for the best way to reduce meeting times; how was the amount of participation measured; is there a difference in cost between using Zoom versus Teams; would using Zoom be easier to use for members of the public, since that seems to be what all other agencies are using, and would it increase participation; what can be done in addition to hybrid meetings to get more residents involved; how do we take care of the people who have hearing impairments or speech impediments, or are afraid to come in-person because of COVID, if we don’t have a hybrid option; is there any consideration to have members of the public send a video in to be played, or have a staff member accept a phone call from the public; is there a way that we can have notification on the website to inform members of the public that they can submit public comment via phone call or video; were there any discussions with IT about Zoom; for clarification, our definition of hybrid would be to have people call in live, as well as have people in-person; if someone request an accommodation, are they able to DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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call in; and, did staff look into any other grants or funds that could help fund this upgrade.

Considerable discussion ensued on topics including, but not limited to: we need to find a way to have hybrid meetings that include a call-in option; move all comments to the beginning of the meeting; if we are going to hybrid, staffing would only need to be here for the beginning of the meeting; because Council, as well as members of the public have full-time jobs, it would be a hardship to start the meetings earlier than 5:00 p.m.; one of the reasons the Council has not been as diverse in the past is because of lack of accessibility due to the long hours of the meetings; doing it more times a month, makes it less attractive to those who might be interested in being on Council; having more meetings won’t solve the problem of shortening the meetings; have public comment at the beginning of the meeting until Dec. 31st as a test, then come back and revisit; separate Study Sessions and Appeals to a different day and time, which will shorten the meetings; set a time for Closed Session; think which boards and commissions should be included at this time; consider allowing recorded public comment to be received and played during the meeting; option of a virtual meeting for Study Sessions; support hybrid meetings, but concerned about the price tag; see if there are any grants out there to get the ball rolling; there has to be a way to accommodate someone remotely and not take time away from somewhere here in person; not ideal to add more meetings because of work/life responsibilities; starting at 4:30, not an option; consider a fixed time for the public meeting to start; support moving the 13 item deadline to help with agenda planning; support Ad hoc updates on a quarterly basis; support 13 item deadlines to the Monday at noon, one week before the Council meeting; set a hard stop time for Closed Session and move it to the end of the meeting; for Closed sessions where additional staff is involved in Closed Session, consider moving those meetings to start earlier; consider starting the public meeting later, if there is going to be a lot of staff for certain items; move the proclamations and commendations before Closed Session; hear all public items first at 5:30, then go to Closed Session, and once out of Closed Session, propose Agenda Management with consultation from the Mayor and Assistant City Manager; and, be mindful of residents and commissioners who have accessibility issues that need to be accommodated.

BUDGET 4.B. Financial Status Update, FY 2022-23 Proposed Budget, and FY 2022-24 Biennial Capital Improvement Program Budget, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive the FY 2021-22 through FY 2027-28 May Forecast;

2. Review and provide direction to staff regarding the FY 2022-23 Proposed Operating Budget Adjustments (Attachment A) and FY 2022-24 Proposed Biennial Capital Improvement Program (CIP) DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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Budget (Attachment B);

3. Review and provide direction to staff on establishing a parklet license fee, Fire Department fee study changes and revisions to Cemetery fees (Attachments C, D, E);

4. Direct staff to proceed with setting the FY 2022-23 Operating and FY 2022-24 Biennial Capital Improvement Program (CIP) Budget Adoption hearing on June 28, 2022; and

5. Provide direction on potential revenue measures for the November 2022 ballot and direct staff to prepare ballot measure language.

Members of the public Denise Barton (time donated by Olga Zuwarska), Marianne Laguardia, Lori Brown, Eve Lopez, Jerry Rubin, Ann Thanawalla, Tara Barauskas, and Ericka Lesley spoke on the recommendation.

Questions asked and answered of staff included: were the voters aggregated by race and language; how many voters are estimated to participate in the upcoming November election; is there some sense of why there was such a difference between the Transient Occupancy Tax (TOT) and Library tax; was there any sense from the polling where there were differences in the type of safety that voters prioritized; were people asked about their preferred response with regards to homelessness; what is $4.1 million in TOT going to get us in terms of the residents; are there some public safety items that cannot be considered at this time; if the TOT was placed on the ballot, is it true that those other non-public safety items, like mental health will not be able to be addressed; when will we return to collecting full fines, and how much revenue will that be; how do you know when a person doesn’t have a real ability to pay; does Council discretionary funds reset at some point; explain the field maintenance money, has it been removed, and how is this going to be handled; what sports fields need to be maintained that aren’t being maintained now; how do we get those fields open, and find a way to have staff maintain those fields; does the permitted use provides revenues for parks, and how does that revenue go back to the parks; how much are we losing if we didn’t have the permitted use providing revenue for these fields; if a restaurant has a hardship, is there a waiver for water fees; how much is in our Housing Trust fund; with the additional TOT that came in, if the increase had been in this year, what would the amount of the surplus have been; would that have covered most of the cost that we talked about previously; is the reason that we can’t provide for park maintenance because we don’t have the revenue; what is considered vacation rentals, why are they being charge 3% and the hotels are paying 1%; is there any additional cost to collect that 3%; do we have any sense of how much money we’re losing on not enforcing vacation rentals; and, when is it expected to expand library hours.

Considerable discussion ensued on topics including, but not limited to:
somewhere in the budget, we would like to see the public fields maintained and reopened; find revenue to fund park maintenance, even in a budget crunch; for the scoreboard at the Historical Belmar park, can be paid for DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

5.K
Packet Pg. 253 Minutes Acceptance: Minutes of May 24, 2022 5:30 PM (CONSENT CALENDAR) 9 May 24, 2022
through a public/private partnership; encourage staff to go and come back to find ways to fund the items that make Santa Monica desirable; fund parks, green space, items that are essential to residents who live in mostly apartments; look into using some of our reserves to provide some of the services the residents require; work with Community Corp to help them complete a housing project that has run out of funding; reimagining how we provide services, look at our practices that make things more efficient and effective; there’s a lot of concerns that Santa Monica is being overburdened because we provide so many services; would like to leverage our past experience but share the cost with other agencies in the region to help solve the homeless problems; how are wastewater fees calculated, and how are they impacted by outdoor dining; concerned that when considering staffing enhancements, make sure that the staff is serving our residents on the streets; make sure services are restored and concentrate on the downtown and making sure that they are economically feasible; use discretionary funds to reinvest $10K to the Westside Coaliton for the MLK event; set aside $5K for Los Amigos Park for their scoreboard, with Councilmember Brock seeking a match from the Kiwanis Club; good with proposed CIP budget; and direct city staff to study an appropriate amount of a real estate property transfer tax that could be used to pay for needed city services at a 50% +1 passage, with exemptions, with a cost of living increase, would only effect commercial property, as an advisory measure to be added to the November ballot.

CONTINUING AFTER
11:00 P.M.

In accordance with the Council Rules, the Mayor asked if Council would like to finish the remainder of the items on the agenda or adjourn and continue the remainder of the agenda to the next meeting. Council unanimously agreed by voice vote to hear the remainder of the agenda, with Mayor Himmelrich absent.

ORDINANCES:

OUTDOORS PILOT

PROGRAM

7.A. Second Reading and Adoption of Ordinance No. 2705 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 6.40.050 TO EXTEND THE TERM OF THE SANTA
MONICA OUTDOORS PILOT PROGRAM,” was presented.

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

Motion by Councilmember Negrete, 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
NOES: None
ABSENT: Mayor Himmelrich
DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

5.K
Packet Pg. 254 Minutes Acceptance: Minutes of May 24, 2022 5:30 PM (CONSENT CALENDAR) 10 May 24, 2022

COUNCILMEMBER
DISCUSSION ITEMS:

FOURTH OF JULY
PARADE

13.A. Request of Councilmembers Brock and Davis that, in support of the annual Fourth of July parade along Main Street: (1) the City should co-produce the parade along with the Ocean Park Association; (2) the City should establish a pilot program that would allow the 2022 parade to be staged in the southernmost beach parking lots and then travel from those lots in a northern route on Main Street to the Civic Center; and (3) that the Council allocate $15,000 of its discretionary funds to the Ocean Park Association to help defray costs associated with producing the parade, was presented.

There were no members of the public present to speak on this item.

Motion by Councilmember Davis, seconded by Councilmember Brock, to adopt the staff recommendation.

Councilmember Davis amended her motion to give direction to staff to come back with an urgency ordinance amending the Parade route in the municipal code. The amendment was considered friendly by the seconder.

The motion, as amended was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
BEACH BIKE PATH 13.B. Request of Councilmembers Negrete and Brock that the City Council direct the City Manager and City Attorney to return to the Council with an ordinance amending Section 3.12.600 of the Santa Monica Municipal Code to allow a limited number of non-electric pedicabs on the beach bike-path, was presented.

Members of the public Jay Gladstone, Teddy Rycroft, William Cobian, Neil Gitnick, Keith Brown, Chris Rink, John Berry, Randy Metz, and Ann Thallawalla spoke on the recommended action.

Considerable discussion ensued on topics including, but not limited to: look at width of the pedicab; training, and overall safety; don’t want to overcrowd the bike path; recommend how many should be approved; could this become a more prevalent mode of transportation in the city, as a method of mobility; concern about enforcement for unpermitted pedicabs; loading and unloading of pedicabs are not blocking any fire access lanes, maybe create designated areas; and find a way to block any impediments to having them downtown.

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

DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

5.K
Packet Pg. 255 Minutes Acceptance: Minutes of May 24, 2022 5:30 PM (CONSENT CALENDAR) 11 May 24, 2022
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
PUBLIC INPUT: Members of the public Johnathan Foster, Eve Lopez commented on various local issues.

ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 2:07 a.m. in memory of Charles Alvarez and Bob Neuwirth.

ATTEST: APPROVED:

Denise Anderson-Warren Kristin McCowan
City Clerk Mayor Pro Tem
DocuSign Envelope ID: 786C60EA-EA14-4285-8C9C-52F9D3C9F721

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Packet Pg. 256 Minutes Acceptance: Minutes of May 24, 2022 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 10.A
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To: Mayor and City Council
From: Andy Agle, Director, Community Services Department, Community Recreation
Subject: Introduction and Adoption of Urgency Ordinance Amending Allowed Parade Routes
Recommended Action
Staff recommends that the City Council introduce and adopt the attached emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 on parade routes to promote public safety and welfare.

Summary
Santa Monica Municipal Code (“SMMC”) Chapter 4.68 is the Community Events law, which, among other things, provides regulations on parades, marches, processions, and walks. Two current parade routes commence on Main Street, north of the entrance to the Civic Auditorium parking lot and proceed southbound. The staging for the parades historically has taken place at the Civic Center parking lot. Since February 2020, the Civic Center parking lot has been under construction for the Sustainable Water Infrastructure Project. Together with the construction of Historic Belmar Park, it is not possible to stage for parades in the Civic Center parking lot. With the lifting of public health prohibitions on gatherings and the return of parades, staff recommends that the route in SMMC Section 4.68.150 be amended to allow for a new staging area and for parades to proceed northbound on Main Street. (See Attachment I.) The addition of two new parade routes, which are the original routes in reverse direction, would allow event organizers to stage parades at the South Beach parking lot. The first event on the new route would be the 2022 Main Street Fourth of July parade.

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Discussion
Recognizing the substantial community benefits that may result from community events, the City has a comprehensive, coordinated process for managing events on public property and ensuring health and safety, which is codified in SMMC Chapter 4.68, Community Events law. The Community Events law establishes the City’s framework for permitting community events to use City streets, parks, open spaces, and City facilities licensed to private parties. Permits are required for (1) parades and assemblies that use the public right-of-way and are likely to impede the free use of the space or not comply with traffic regulations, (2) activities that involve 150 or more persons on public property or 75 persons or more on the Third Street Promenade, or (3) events that include a structure requiring a permit from the Fire Department or Building and Safety Division.

SMMC Section 4.68.150 specifies the parade routes. Two of the parade routes commence on Main Street, north of the entrance to the Civic Auditorium parking lot and head southbound along Main Street. The entrance to the Civic Center Parking lot has been closed due to construction since at least February 2020. Once the construction is completed, the space available for staging and public safety checks for Main Street parades will be significantly reduced. Therefore, the area is no longer an appropriate staging area.

On May 24, 2022, the City Council directed staff to return with an emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to proceed in a northbound direction.

As an application for a permit to hold a parade can be submitted with as little as two business days’ notice, there is insufficient time for Council to hold a first and second reading on any amendments to the Community Events Law that would impact a planned event. Therefore, an emergency ordinance is presented. (See Attachment I.) The addition of two new parade routes, which are the original routes in reverse direction, would allow for event organizers to stage Main Street parades at the South Beach parking lot and proceed northbound. The location for the staging and disbanding of parades along the parade route will be set forth in the traffic control

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plan for an event. Amending the ordinance to allow for additional parade routes is also in compliance with the Vehicle Code Section 21101, which requires a resolution or ordinance to temporarily close streets for special events or parades if it is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Adoption of the emergency ordinance would allow the 2022 Main Street Fourth of July Parade to occur on the new route.

Past Council Actions
Meeting Date Description
06/27/00 (attachment A) Approval of the Community Event Policy 04/24/01 (attachment B) Addition of Chapter 4,68, the Community Events Code, to the Santa Monica Municipal Code and adoption of associated fees. 05/08/01 (attachment C) Addition of Chapter 4,68 to the Santa Monica Municipal Code, the Community Events Law.
04/08/03 (attachment D) Amendment of Santa Monica Municipal Code Sections relating to Community Events and Street Banners.
07/26/05 (attachment E) Amendment to Municipal Code Section 4.68.160 Establishing a New 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency Parameters 9/22/09 (attachment F) Amendment of Municipal Code Section 4.68 to show a marathon route segment, modifications to the City’s Extended Event Policy, authorization for execution of agreements for the 2010 LA Marathon.
10/25/2011(attachment
G)
Amendment of Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and 6.36 relating to permitted community events in the City’s public spaces and parks.
05/24/2022 (attachment
H)
City Council directed staff to return with an urgency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to continue in a northbound direction.

Financial Impacts and Budget Actions
There is no financial impact or budget action necessary as a result of the recommended action.

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Prepared By: Claudia Kompa, Executive Administrative Assistant Approved Forwarded to Council
Attachments:

A. 6/27/2000 Approval of the Community Event Policy (Web Link) B. 4/24/2001 Addition of Chapter 4,68, the Community Events Code, to the Santa Monica Municipal Code and adoption of associated fees (Web Link) C. 5/8/2001 Addition of Chapter 4,68 to the Santa Monica Municipal Code, the Community Events Law (Web Link)
D. 4/8/2003 Amendment of Santa Monica Municipal Code Sections relating to Community Events and Street Banners (Web Link)
E. 7/26/2005 Amendment to Municipal Code Section 4.68.160 Establishing a New 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permit (Web Link)
F. 9/22/2009 Amendment of Municipal Code Section 4.68 to establish a marathon route segment, modifications to the City’s Extended Event Policy (Web Link) G. 10/25/2011 Amendment of Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and

6.36 relating to permitted community events in the City’s public spaces and parks (Web Link)
H. 5/24/2022 City Council directed staff to return with an urgency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street (Web Link)
I. Attachment I_Proposed Ordinance Amending SMMC 4.68.150

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1 City Council Meeting: June 28, 2022 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.68.150 ON

PARADE ROUTES TO PROMOTE PUBLIC SAFETY AND WELFARE
WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008 (CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events Law; and
WHEREAS, the Community Events Law provides a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at community events, and to protect the rights of community event permit holders; and WHEREAS, the Community Events Law is designed to protect the right of people to engage in expressive activities in the City's public places and establishes the least restrictive and reasonable time, place, and manner regulations of these activities; and WHEREAS, the Community Events Law has been amended and refined on several occasions to ensure that the law conforms to constitutional requirements and to enact appropriate modifications to the law based on experience, changing conditions in the City, and community feedback on the operation of the law; and

10.A.i
Packet Pg. 261 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 2 WHEREAS, the City's Community Events Law has been in place for over two decades and has been highly successful in establishing a coordinated process for community events, thereby ensuring the health and safety of event patrons, residents, workers, and other visitors and protecting the rights of community event permit holders; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution to temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and WHEREAS, since the adoption of the Community Events Law in 2001, Santa Monica Municipal Code Section 4.68.150 has provided a parade route for Main Street that commences at the entrance to the Civic Auditorium parking lot and proceeds on Main Street in a southbound direction, ending in the South Beach parking lot; and WHEREAS, the staging for parades on Main Street, including any required public safety inspections by the Santa Monica Police Department, have occurred in the Civic Auditorium parking lot; and
WHEREAS, the entrance to the Civic Auditorium parking lot off of Main Street has been closed since February 2020 when construction on the Sustainable Water Infrastructure Project commenced; and

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Packet Pg. 262 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 3 WHEREAS, once the construction in the Civic Auditorium parking lot is completed, the space available for staging and public safety checks for parades will be significantly reduced; and
WHEREAS, there have been no parades along Main Street since at least February 2020 due to the COVID-19 pandemic; and
WHEREAS, there are no longer State or County COVID-19 related public health restrictions on holding large public gatherings, such as parades; and WHEREAS, the City anticipates that several organizations that previously held parades along Main Street will seek community events permits for such parades this summer; and
WHEREAS, pursuant to the City’s Administrative Instruction on Events, an application for a permit to hold a parade can be submitted with as little as two business days’ notice, which does not allow sufficient time for City Council to hold a first and second reading on any amendments to the Community Events Law that would impact a planned event; and
WHEREAS, it is not currently possible to do staging and public safety checks for parades in the Civic Auditorium parking lot due to its closure; and WHEREAS, changing the commencement and ending points and the direction of a parade is not a minor adjustment that is authorized by Santa Monica Municipal Code Section 4.68.150(b); and
WHEREAS, on May 24, 2022, the City Council directed staff to return with an emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to proceed in a northbound direction; and

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Packet Pg. 263 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 4 WHEREAS, on June 28, 2022, the City Council held a public meeting during which it considered the adoption of this Emergency Ordinance pursuant to California Government Code Section 36937 and Santa Monica City Charter Section 615, both of which allow the adoption of emergency ordinances to take effect immediately to ensure the immediate preservation of the public peace, health, safety, and general welfare in the City of Santa Monica; and
WHEREAS, the City Council hereby finds that: the amendment to the Santa Monica Municipal Code Section 4.68.150 implemented by this Emergency Ordinance is immediately necessary as an emergency measure in order to preserve the public health, safety, and welfare of parade participants, spectators, and visitors by ensuring that there is a location for staging and public safety checks for parades along Main Street other than at the Civic Auditorium Lot and authorizing such parades to proceed in a northbound route.

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

SECTION 1. Santa Monica Municipal Code Section 4.68.150, Parades, marches, processions, walks, is hereby amended to read as follows:

4.68.150 Parades, marches, processions, walks.
(a) Subject to the requirements of this Chapter, a community event permit may be issued for a march, procession, walk, or parade in one direction only on the following streets:
(1) Ocean Avenue, between Adelaide Drive (northwest City limits) and Picoa Boulevard;

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Packet Pg. 264 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 5 (2) Commencing on Ocean Avenue at the intersection of Adelaide Drive (northwest City limits) and continuinge south on Ocean Avenue to the intersection of Colorado Avenue, turning easterly on Colorado Avenue to the intersection of Main Street, turning southerly on Main Street, ending at the intersection of Main Street and Pico Boulevard;
(3) Commencing on Main Street, south of the intersection of Olympic Drive, north of the entrance to the Civic Auditorium parking lot and continuinge south on Main Street to the intersection of Marine Street, turning westerly on Marine Street to the intersection of Barnard Way, turning northerly on Barnard Way, ending at the entrance to the Parking Lot 5 South Beach parking lot where the parade will disband; (4) Commencing on Barnard Way, south of the entrance to Parking Lot 5 South, continuing southerly on Barnard Way to the intersection of Marine Street, continuing easterly on Marine Street to the intersection of Main Street, turning northerly on Main Street, continuing north on Main Street, ending at the intersection of Olympic Drive; and
(5) (4) Commencing on Main Street, between Olympic Drive and Marine Street (adjacent to the southern City limits)north of the entrance to the Civic Auditorium parking lot and continue south on Main Street to the Santa Monica/Los Angeles border.
(b) Minor adjustments to the routes established in subsection (a) of this Section may be authorized by the Community Events Committee to the extent

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Packet Pg. 265 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 6 necessary to avoid construction or other obstructions which that would prevent the parade from proceeding on the established route.
(c) Subject to all other applicable requirements of this Chapter, this Section does not prohibit the issuance of a community event permit for marches or processions on other streets so long as through and cross-traffic can be preserved and the safety of the marchers can be maintained. (d) Marches, parades, walks, and processions may not be conducted on streets classified by the City as arterial streets between the hours of seven a.m. to nine a.m. and three-thirty p.m. to seven p.m. on business days unless the march or procession is being conducted to coincide with another event, not organized or planned by the permittee, which is occurring on or adjacent to the arterial street upon which the march will be conducted.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Emergency Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Emergency 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 Emergency Ordinance. The City Council hereby declares that it would have passed this Emergency Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to

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Packet Pg. 266 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 7 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 Emergency Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for the reasons stated in the recitals above, the City Council declares this Emergency Ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this Emergency Ordinance shall be introduced and adopted at the same meeting, and shall become effective immediately upon its adoption.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 267 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 10.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works
David Martin, Director, Community Development Department Subject: Introduction and First Reading of Ordinance Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program and Adoption of a Resolution Establishing Fees
Recommended Action
Staff recommends that the City Council:

1. Introduce for First Reading an Ordinance adopting Santa Monica Municipal Code Chapter 6.42 to establish a permanent Santa Monica Outdoors Parklet Program;

2. Adopt a Resolution establishing monthly license fees for the Santa Monica Outdoors Parklet Program; and

3. Adopt the CEQA findings in the staff report under “Compliance with the California Environmental Quality Act”.

Executive Summary
Following a two-year pilot program for parklets on public streets, implemented to support local businesses through the COVID-19 pandemic, the City seeks to preserve the popular outdoor dining amenity by implementing the Santa Monica Outdoor Parklets Program (see new proposed SMMC Chapter 6.42 (Attachment A). Building on the existing pilot program’s framework and lessons learned, the proposed permanent program will provide standards for the construction of parklets within the public right-ofway for improved access, maintenance and servicing of City infrastructure, and guidelines for character-defining enhancements such as lighting and landscaping.

The proposed Santa Monica Outdoor Parklets Program (Program) will continue to utilize the streamlined permitting process established during the pandemic and will be

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institutionalized through a new Public Works permit that carries a two-year term in addition to a licensing agreement. Fees to support the program were reviewed by Council as part of the biennial budget study session on May 24, 2022. These include fees for plan review and inspection, wastewater fees (if applicable) as well as right-ofway licensing fees and a security deposit. A new parklet inspection fee from the Fire Department was not included in the biennial budget study session because the fee was not established at the time. It has been incorporated into the fee structure below in Table 2. Staffing needs, including a part-time Public Works Inspector position to monitor parklet activity is discussed in the body of this report. The position would be fully funded by fees collected from this proposed Program.

The proposed Program and its associated fees would be in place before the September 30, 2022 expiration of the Temporary Outdoor Use permits and associated license agreements that currently support the Santa Monica Outdoors Pilot Program.

Background
Temporary Outdoor Use Permits authorized under the Santa Monica Outdoors Pilot Program (SMMC Chapter 6.40) have been a critical component of the City’s crisis response to sustain locally owned small businesses during the COVID-19 pandemic.

During this period, the City enabled a variety of temporary outdoor uses such as parklets, dining on the Promenade roadway, Promenade satellite outdoor dining, Main Street “K-Rail” parklets, Ocean Avenue boardwalks, expanded pier deck dining and fitness zones, and use of private property parking lots for commercial activity including fitness training under the Santa Monica Outdoors Pilot Program umbrella.

These permits, which were issued on both public and private property, facilitated the rapid transition of traditional indoor commercial activities such as dining, retail, and fitness to outdoor venues, which helped bolster the local economy, retained local businesses and jobs, and protected and enhanced the mental and physical wellbeing of residents and visitors.

The Temporary Outdoor Use Permits and associated license agreements for the public right of way are set to expire on September 30, 2022, for the following amenities:

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• 90 parklets,
• 17 promenade extended dining areas (satellite and/or roadway dining), • 5 expanded pier dining areas, and
• 102 sidewalk dining patios
While this report is focused exclusively on the transition of the pilot parklets into a permanent program, the table below describes the timeframe for the transition of all the programs under the Santa Monica Outdoors umbrella.

PROGRAM Transition Date
Parklets
Businesses operating parklets under the Santa Monica Outdoors Pilot Program will be required to transition to the standards and guidelines of the permanent parklet program by the transition date. If businesses wish to continue providing their services in the public right of way, they will have the option to participate in either the sidewalk dining program that pre-existed the pandemic or the new parklet program with associated license agreements. The parklet program and its associated fees will be in place before the September 30, 2022 expiration of the Temporary Outdoor Use permits to give operators and staff enough time to begin transitioning.

October 1,2022
Private Property Operations
On private property (predominantly parking lots), the temporary use of private outdoor space for commercial activity, such as dining, fitness or salons, has already been extended through December 31, 2022, through an Interim Zoning Ordinance. Staff will return to Council prior to the expiration of the IZO with a recommendation for a permanent program to address the approximately 93 outdoor operations that currently exist on private property.

December 31,
2022

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Promenade Roadway and Satellite Dining
Staff will return to Council with recommendations for Promenade roadway outdoor dining permits prior to the expiration of the Temporary Outdoor Use Permits on September 30, 2022. Staff will sunset the satellite dining permit.

By September 30,
2022
Pier Deck Dining and Outdoor Operations
Extended dining areas on the Pier will be evaluated on a case-bycase basis as part of modifications to existing licensing agreements with Pier tenants, with important considerations such as infrastructure repair and emergency access. Some operators will require a new license agreement, which staff will assess.

Ongoing (does
not require
Council action)
Parklets
The Santa Monica Outdoors Pilot Program has been popular with the business community as well as residents and visitors. Specifically, parklets installed over street parking spaces have become an especially popular component of the Outdoors Pilot Program. Parklets convert curbside parking spaces into vibrant extensions of the sidewalk to provide more space for people. Parklets can be licensed for private use, meaning they are operated and maintained by local businesses for the exclusive use of paying customers. Table service and alcohol sales are permitted within parklets in accordance with the California Department of Alcoholic Beverage Control regulations and the City’s Interim Zoning Ordinance 2704.

In April 2022, staff conducted surveys (Attachments C and D) asking businesses, residents, and visitors for their input on the future of the program specifically as it pertains to parklets. Of those that participated in the survey, 84% of local businesses (135 respondents) replied that they support parklets in Santa Monica and 85% of residents and visitors (655 respondents) said the same. When asked if parklets are preferred over parking or loading, 62% of businesses (126 respondents) responded yes, parklets are preferred and 85% of residents and visitors (654 respondents) said the

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same. Staff has responded by developing a comprehensive parklet program that helps activate public spaces for community enjoyment, placemaking, and economic recovery.

Past Council Actions
Below are past Council actions in response to the declaration of an emergency and subsequent restrictions on business activity that were ratified by Council.

Date Description
8/18/2020 Third Revised Eighteenth Supplement – temporary outdoor uses; extension of deadlines for planning, review, and permit-related actions 6/8/2021 Introduce and adopt an Emergency Ordinance to authorize the issuance of permits and licensing agreements as part of a one-year pilot program that expires on June 30, 2022, to allow continued uses of public property, including streets and sidewalks, for commercial activity, the authorization for which would otherwise expire 30 days after the conclusion of the County’s pandemic-related emergency orders
5/10/2022 Introduction and First Reading of Ordinance Extending Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program; Introduction and Adoption of Emergency Interim Zoning Ordinance Changes to Support Santa Monica's Economic Recovery; and Adoption of Resolution Related to Fee Waivers and Reductions Discussion
The Santa Monica Outdoors Pilot Program has transitioned parklets from a Citymanaged pilot located on Main Street starting in 2015, to a lifeline for struggling businesses from 2020 to 2022 during the COVID-19 pandemic, to now becoming a popular feature of Santa Monica’s outdoor lifestyle. The proposed Program focuses on creating a sustainable policy and fee framework to support local businesses, maintain public safety, and recover City maintenance and improvement costs. The proposed Program also aims to better align the proliferation of parklets with adopted City policy for enhanced pedestrian experiences in the City’s commercial areas.

The proposed Program is put forward to mimic the existing sidewalk dining program process and would preserve much of what was established for parklets during the temporary outdoor use emergency program, institutionalizing what has been successful,

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modifying what has not, and developing clear regulations and guidance for a long-term, safe, and sustainable program.

Building from the success of the Santa Monica Outdoors Pilot Program in supporting businesses and social connectivity within the community, staff recommend adoption of a permanent program that includes:
• A streamlined permit process based on sidewalk dining that utilizes a new Public Works permit on a 2-year term with an accompanying licensing agreement. • Standards and guidelines for the construction of parklets in the right-of-way that will be established through administrative regulations. These include engineered plans for the creation of safe and durable ADA accessible decks, traffic-rated barriers for safety, and guidelines for optional enhancements to elevate the consumer experience.
• Fees for plan review and inspection, monthly licensing fees for use of the public right-of-way, wastewater capital facilities fee and a security deposit (reviewed by Council May 24, 2022).

The following is an overview of significant changes, staffing needs, and formalized standards included in the new parklet program.

Parklet Size
Current rules do not limit the number of parking spaces an operator can use for their parklet. The proposed Program would allow a maximum of two parking spaces (approximately 320 square feet) per business. Balancing demands of the curb will help facilitate multiple modes and better accommodate important uses such as deliveries or curbside pick-up, and more easily allow for City maintenance work within the right-ofway. Finally, right sizing parklets will be more manageable for staff across many departments. If the parklet operator’s frontage space is not directly in front of the parking space or if half or more of such a space is in front of a neighboring tenant space, the parklet operator will be required to obtain written consent from the neighboring tenant in order to submit their parklet application. If the neighboring tenant

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space is vacant, the parklet operator will be required to obtain written consent from property owner or its agent in order to submit their parklet application. This is similar to a process used by the City of San Francisco in administering their parklet program for neighbor consent. If a new tenant moves in after a parklet has been approved, the new tenant will have an opportunity to deny the use of the space during the renewal period, which occurs every two years.

Fee Structure
Permit fees for parklets have been waived since the emergency pilot program was established in June 2020. This was designed as a one-time interim measure to help businesses impacted by health orders and the costs of adapting their businesses to remain profitable. Today, businesses have begun to see a recovery and have absorbed many of the one-time costs associated with adapting their operations.

Staff assessed fees from peer cities to understand baseline costs (Attachment B).

Although fees vary from city to city, on average the City of Santa Monica’s annual license fees to operate a parklet (one space) in the public right-of-way (PROW) are higher than that of Culver City and Long Beach but lower than Beverly Hills.

Table 1: Comparison of Parklet License Fees in Other Cities

LICENSE FEE FOR ONE AVERAGE SIZE PARKING SPACE

CITY APPROXIMATE FEE (ANNUAL)
Santa Monica $4,070.40
Culver City $2,080.00 plus $1,000 meter fee
Long Beach $1,375.00
Beverly Hills $6,720.00 plus meter fee
San Diego $3,200.00
To simplify the fee structure and encourage a balanced use of outdoor space across both programs, City staff determined that it was best to align parklet fees with the City’s existing sidewalk license fees outlined in Resolution No. 11340 (adopted by City Council on June 8, 2021). Staff recommends that Council adopt a new resolution that sets the monthly licensing fees for parklets at $2.12 per square foot. (Attachment E.) Plan

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check and permit fees are cost recovery for staff time to review plans and the license fee matches fees charged for sidewalk dining. It is not proposed to charge applicants for loss of parking revenue from street parking.

Operating costs and expenses for the Parklet Program are intended to take effect following the expiration of the temporary outdoor use emergency program on September 30, 2022. The estimated fees for a parklet, are as follows:

Table 2: Estimated Fees for a Parklet

ESTIMATED FEES TO OPERATE A PARKLET

FEE NAME/TASKS FEE
Plan Check - Public Works (if more than 2 hours, apply
fee for each additional hour) - (One-time) $253.64
Plan Check - Mobility and Traffic Engineering (if more
than 2 hours, apply fee for each additional hour) - (Onetime) $239.60 Plan Check - Planning (if serving alcohol) - (One-time) $456.00 Inspection - Fire (One-time) $186.49
Security Deposit (One-time, Refundable) $3,500.00
SM Wastewater Capital Facility (One-time)
Restaurant - Sit Down (Full Service) $1,071.97 per seat Restaurant - Sit Down (Fast Food) $893.31 per seat
LA Wastewater Capital Facility (One-time) $294.09 per seat (approximate) Fire - Permit Propane Cylinder (Annual) $358.85
Inspection – Public Works (At time of installation and
annually) $252.66
License Fee to Operate in Public Right of Way (PROW)
(Monthly)
$2.12 per square foot per month or
$339.20 monthly for 1 parking space
($339.20 x 12 months = $4,070.40)
Note that the wastewater fee is a one-time fee that carries over even if operators change (Water Resources tracks payment of the one-time fee), can be offset with existing seating, and is offset by credit for fees already paid for existing sidewalk dining.

Application Process, Maintenance, and Permit Renewals
Current parklet operators under the Pilot Program are required to self-certify their parklets for compliance and sign a licensing agreement that requires operators to

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maintain the parklet and establishes terms of use of the permitted space. Because the temporary parklet program is currently staffed by a multi-departmental team, inspections have been done on an ad hoc basis, typically in response to complaints or enforcement actions. Fees have never been collected throughout the emergency and Pilot Program.

An interdepartmental team from Mobility, Economic Development, Public Works, and City Planning created the temporary parklet program under the umbrella of the economic recovery task force but with the transition to a permanent program, lessons learned from the past two years have highlighted the need to have dedicated inspections and enforcement resources to ensure the proposed Program’s long-term success. Significant staff time has been spent over the past two years working with individual operators to bring their parklets into compliance for safety reasons and researching and adjusting design requirements to be responsive to business needs while also balancing traffic safety and shared use of public streets. Thus, the focus has been on standardizing requirements and simplifying the process for operators and staff as much as possible to create an efficient and sustainable program.

Although Public Works staff have not been involved in the permitting of existing parklets under the Pilot Program, for efficiency and to align with the already established sidewalk dining program, City staff determined Public Works would be best suited to serve as the lead agency of the proposed Program. This is consistent with peer cities. A biennial renewal along with an annual inspection and a maintenance plan will allow the City to periodically review the permit, the operation of the parklet space, and the regulations to see if any adjustments would need to be made. Applicants will be required to submit documents into the City’s permit application portal, just as they do today. The following workflow has been established for receiving and processing parklet applications:
• The Public Works Department would oversee the overall application intake process, verify accuracy of the design, maintain records, and issue permits. Public Works staff would also conduct field inspections to verify compliance with standards and guidelines and resolve any right-of-way issues. A new 0.5 FTE Public Works Inspector would be necessary to support the program.

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• The Department of Transportation, Mobility Division would support the review and verification of the design to ensure traffic safety standards are met that protect all users of the roadway.
• The City Planning Division and the Fire Department would review proposed parklets to verify compliance with applicable codes as needed. • The Risk Management Division would verify insurance requirements are met. • The Economic Development Division would, upon approval of the permit, issue the license agreement to use the public right-of-way and collect monthly license fees.

Parklet Permit Workflow Diagram
Components of the license agreement would also include provisions for maintenance, removal of the parklet following termination of the agreement, requirements that the parklet be kept free of litter at all times, and insurance and indemnification provisions.

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All parklet operators would be required to follow the parklet regulations that the Director of Public Works or their designee would be authorized to establish through the proposed ordinance. Parklet operators must remain in compliance with the parklet regulations and requirements. Failure to comply with program may lead to revocation of the permit and termination of the licensing agreement.

Parklet operators with a permit issued under Chapter 6.40 (the Santa Monica Outdoors Pilot Program) that want to continue operating must submit a complete application by no later than September 15, 2022, which will provide staff time to issue a provisional permit and licensing agreement pursuant to the new Chapter 6.42 before the September 30, 2022, expiration date of Chapter 6.40. The provisional permit would allow a short period for operators to continue to operate and come into compliance with the new permanent parklet program before the full 2-year permit is issued.

Operators may need to make a range of minor changes to bring their parklets into compliance with the regulations including, but not limited to, adjusting for permitted height allowance, creating sufficient space around red curbs for first responders, and other changes to meet ADA compliance. Non- compliance would result in the revocation of the provisional permit and appropriate enforcement action. Any existing parklet operator who does not submit a complete application by September 15, 2022, must remove all materials from the public right-of-way by no later than September 30, 2022.

Staffing Needs
As noted in this report, it is not sustainable to operate a permanent parklet program with existing staff. During the COVID emergency, staff from multiple departments contributed time to the temporary parklets program given the urgency of need for economic recovery. At times, this effort was to the detriment of other ongoing work and priorities. Further, given limited staffing resources, field inspections to monitor the condition of parklets and ensure their compliance with City guidelines and Council’s Clean and Safe priority proved to be challenging and inconsistent. In designing the proposed Program, the Economic Recovery Taskforce has addressed these shortcomings, and has coordinated between departments to adequately sustain the

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needs of the program and address the public safety and access requirements from Fire, Police, Public Works, and Traffic Engineering.

As a result, a 0.5 FTE Public Works Inspector is included in the budget to support the program’s initial transition, as well as ongoing inspection and monitoring needs. The position is fully offset by the new revenues generated from the permanent parklet program.

Parklets in the Coastal Zone
There are currently 36 operators occupying approximately 87 street parking spaces on Main Street and Downtown in the Coastal Zone (the area generally west of 4th Street, north of I-10 and the area generally west of Lincoln, south of I-10). It is not known if all 36 operators will opt to continue operating their parklets with the changes in the permanent program, including payment of license fees for use of the public right-of-way.

Coastal Commission staff have been aware of the parklets under the emergency and pilot programs; however, with the transition to a permanent program, over the next several months, staff will assess the impacts of the parklets within the Coastal Zone and work with the Coastal Commission to develop a plan that enables a successful Parklet Program for Santa Monica.

Compliance with the California Environmental Quality Act The proposed outdoor use of public right-of-way such as the development of a permanent parklet program is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility the proposed parklet program may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects since such uses are ancillary to existing businesses, compatible with surrounding commercial uses, would not create hazards or adverse health effects to any sensitive residential uses, and are permitted land uses in the Zoning Ordinance, or have been permitted in many areas of the City for over two

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years through interim zoning Therefore, no further environmental review under CEQA is required.

Parklet Program Next Steps
Staff would engage BID leaders, local business groups, and existing parklet operators to ensure that operators that want to continue past the September 30, 2022, expiration of the Temporary Outdoor Use permits, and associated license agreements are aware that they will need to submit a completed application for the permanent program by no later than September 15, 2022. Staff would produce a public facing Parklet Program Design Manual that would contain the administrative regulations and update the website to equip businesses with the information needed to establish a successful parklet operation. As mentioned earlier in the report, it is important to establish and coordinate the policies and requirements of the parklet program from infancy. Therefore, staff recommends adding a 0.5 FTE Public Works Inspector position to support this program through inspection services for parklets.

Financial Impacts and Budget Actions
Establishing the permanent parklet program would generate revenue from licensing fees depending on how many operators elect to continue into the permanent program.

Based on survey results, there appears to be strong interest from existing parklet operators to continue with the program even if fees are charged. Based on an annual license fee of $8,140, if all 90 operators converted into the permanent program (assuming two parking spaces each), it would generate approximately $732,600 in annual leasing fees. While it is anticipated that at least 60% of existing operators (approximately 54 operators) will apply to convert into the proposed Program, based on past experience with application review and operator responsiveness timeframes, staff estimates about 38 operators to complete the permanent parklet process and receive full permits from September through the end of June 2023, generating approximately $241,600 in licensing and inspection fees.

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The cost of adding 0.5 FTE Public Works Inspector position is $63,985 and would be fully offset by the new revenues from the proposed Program. The addition of the position and the revenue and expenditure budget changes have been included in the final changes to the Proposed FY 2022-23 Budget, pending Council adoption. If the position is not approved, inspections of parklets would occur on an ad hoc basis as limited staff resources allow, and would likely result in delays in application/permitting processing time, and could also impact the implementation of other workplan priorities.

Prepared By: Jacqueline Swartz, Transportation Planning Associate Approved Forwarded to Council
Attachments:

A. Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 B. Attachment E Resolution Establishing Monthly Licensing Fees C. Peer Cities Parklet Research Memo
D. Santa Monica Outdoors Resident Survey Summary Results (May 2022) E. Santa Monica Outdoors Business Survey Summary Results (May 2022) F. Third Revised Eighteenth Supplement – temporary outdoor uses; extension of deadlines for planning, review, and permit-related actions (Web Link) G. Introduce and adopt an Emergency Ordinance to authorize the issuance of permits and licensing agreements to allow continued uses (Web Link) H. Ordinance Extending Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program (Web Link)
I. Written Comments
J. PowerPoint Presentation

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1 City Council Meeting: June 28, 2022 Santa Monica, California ORDINANCE NUMBER_________(CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING CHAPTER 6.42 TO ESTABLISH THE SANTA MONICA OUTDOORS

PARKLET PROGRAM
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance No. 2673, establishing Santa Monica Municipal Code Chapter 6.40, which implemented the Santa Monica Outdoors Pilot Program and continued the authorization originally provided in the City’s supplements to its declaration of the existence of a local emergency for eligible businesses temporarily to use certain outdoor public property for dining and other business activities; and
WHEREAS, parklets installed in parking or loading spaces have been an especially popular component of the Santa Monica Outdoors Pilot Program, with over 90 businesses obtaining a Pilot Program permit to operate parklets to conduct business activities; and
WHEREAS, local businesses, residents, and visitors who have responded to City surveys have expressed strong support for continuing to allow parklets in Santa Monica; and

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Packet Pg. 282 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 2 WHEREAS, the Santa Monica Outdoors Pilot Program is set to expire on September 30, 2022; and
WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, City staff has developed a comprehensive permanent parklet program that helps activate public spaces for community enjoyment, placemaking, and economic recovery while also maintaining public safety and recovering City maintenance and improvement costs; and
WHEREAS, City Council now desires to adopt Santa Monica Municipal Code Chapter 6.42 to establish the Santa Monica Outdoors Parklet program.

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

SECTION 1. Santa Monica Municipal Code Chapter 6.42 is hereby adopted to read as follows:

Chapter 6.42 Santa Monica Outdoors Parklet Program

6.42.010 Definitions
The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in this Chapter, unless otherwise specified herein. In addition, the following words and phrases have the following meanings when used in this Chapter:
(a) “Director” means the Director of the Public Works Department or designee.

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Packet Pg. 283 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 3 (b) “Eligible business” means (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate and (2) the use of the physical location by the business is a nonresidential use classification that is permitted or conditionally permitted in the district, other than a liquor store, or an automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030.
(c) “Parklet” means the use of public parking or loading space(s) (other than accessible parking spaces) located in the public right-of-way that are adjacent to each other and at least one of which is adjacent to the eligible business for business activities in compliance with this Chapter.
(d) “Permit” means either a parklet permit or a provisional permit issued pursuant to Section 6.42.020, unless context dictates otherwise. (e) “Permittee” means an eligible business that has obtained a permit and entered into a licensing agreement with the City for operation of a parklet.

6.42.020 Santa Monica Outdoors Parklet Program Authorization (a) Except as provided in subsection (b), the Director is authorized to issue parklet permits to and enter into licensing agreements with eligible businesses that meet the requirements of this Chapter and administrative regulations. (b) For eligible businesses with an existing Santa Monica Outdoors pilot program permit under Santa Monica Municipal Code Chapter 6.40 to operate a parklet, the Director is authorized to issue provisional permits and enter into licensing agreements with such businesses that have submitted a completed

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Packet Pg. 284 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 4 application in compliance with the requirements of this Chapter and administrative regulations by no later than September 15, 2022. The term of the provisional permit and the transition to a non-provisional parklet permit shall be set forth in administrative regulations.

6.42.030 Santa Monica Outdoors Parklet Program Requirements (a) Application Required. Any eligible business seeking to obtain an initial permit or renew such a permit shall submit an application using a form designated by the Director for that purpose. Renewal applications shall be filed a minimum of 30 days prior to the expiration of any existing parklet permit issued pursuant to this Chapter.
(b) Permit and Licensing Agreement Required. No person may operate a parklet without having obtained a permit from and entered into a licensing agreement with the City. A permittee may utilize the parklet to conduct business activities as authorized by this Chapter, the administrative regulations, the permit, and licensing agreement.
(c) Posting of Parklet Permit. The permit shall be displayed by the eligible business during business hours.
(d) Street Limitation. An eligible business may obtain a permit only in streets that have (1) a speed limit of 25 miles per hour or less, (2) a speed limit of 30 miles per hour and a Class II bikeway, as that term is defined by California State & Highway Code Section 890.4, or (3) a speed limit of 30 miles per hour without a Class II bikeway, so long as the Director approves additional design or

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Packet Pg. 285 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 5 safety specifications. There may be no parklets on the Third Street Promenade or the Santa Monica Pier.
(e) Parking or Loading Space Limitation. An eligible business may obtain a permit for use of up to two parking or loading spaces for a total maximum of 320 square feet.
(f) Consent of Adjacent Tenant or Property Owner Required. If the eligible business is not the ground-floor tenant of the building fronting the parking or loading space proposed to be used as a parklet or if half or more of such a space would be outside of the eligible business’s ground-floor frontage, the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent from any ground-floor tenant(s) fronting the areas proposed to be used as the parklet. In the event there is no ground-floor tenant of a building fronting the areas proposed to be used as a parklet, then the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent from the fronting property owner or its agent. (g) Compliance with Design and Safety Specifications. The construction of and the operation of a parklet pursuant to a permit shall comply with the design and safety specifications set forth in administrative regulations issued under this Chapter.
(h) Maintenance. A permittee shall, at its own expense, be responsible for the maintenance of the parklet and keeping the parklet in a clean and sanitary condition.

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Packet Pg. 286 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 6 (i) Hours of Operation. The hours of operation of the parklet shall be limited to the hours of operation of the associated eligible business, subject to further limitations as the Director may provide by administrative regulations. (j) Insurance Required. A permittee shall maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time, as determined by the Risk Manager, and name the City of Santa Monica as an additional insured.
(k) Indemnification and Hold Harmless. Before a permit is issued, the eligible business shall agree to indemnify, defend, and hold the City harmless from any and all loss, damages, liability, claims, suits, costs, or expenses arising from or in any way connected to the eligible business’s use of the parklet, including, but not limited to, any injury to person or property, or the condition of the parking or loading space that is the subject of the permit. (l) Compliance with Administrative Regulations. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Chapter.
(m) Duty to Comply with the Law. A permittee shall comply with all applicable Federal, State, and City laws, rules, and regulations, including, but not limited to, the requirement to have a current business license, the noise restrictions in Chapter 4.12 of this Code, the protection of public trees in compliance with Chapter 7.40 of this Code, and compliance with the Americans with Disabilities Act.

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Packet Pg. 287 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 7 6.42.040 Fees, Charges, and Security Deposit
(a) Fees and Charges. The City Council may establish by resolution application and permit fees and charges, which shall:
(1) Defray the City’s costs in administering and enforcing the provisions of this Chapter and
(2) Reflect charges associated with use of public property pursuant to this Chapter.
(b) Security Deposit. Every applicant for a permit shall pay to the City a security deposit in an amount established by the City Council by resolution.

Following termination or revocation of the permit, the security deposit shall be applied to the cost of repairing any damage to the parking or loading space that the permittee failed to restore to its original condition and to remove any personal property, furnishings, barriers, and other material that a permittee fails to remove.

The remainder, if any, of the security deposit shall be refunded to the permittee.

6.42.050 Duration of Permit; Renewal
Permits issued pursuant to Section 6.42.020(a) shall be valid for an initial period not to exceed two years from issuance of the permit and may be renewed for successive twoyear periods.

6.42.060 Grounds for revocation, suspension, or denial; appeals. (a) The Director may deny an initial or renewal application for or suspend or revoke a permit if the eligible business, including its employees, managers, officers, principals, directors, owners, contractors, representatives, or agents:

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Packet Pg. 288 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 8 (1) Has made a materially false, misleading, or fraudulent statement of fact or omission of fact to the City on the permit application, during the application process, or in connection with operating a parklet pursuant to a permit;
(2) Operates, has operated, or proposes to operate in a manner that endangers public health or safety; or
(3) Fails to comply or has failed to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions), including any administrative regulations issued pursuant to this Chapter, or any provision of state law.
(b) In addition to the grounds set forth in subsection (a), the Director, in his or her discretion, may:
(1) Deny an initial or renewal application for a permit, if the Director determines that the parklet interferes with a planned or future City project; (2) Immediately suspend or revoke a permit if the Director determines that there is an emergency situation that poses a risk to public health, safety, or welfare, in which case the Director shall provide written notice of suspension or revocation to the permittee as soon as reasonably practicable; or
(3) Suspend or revoke a permit for any other reason when it is in the best interests of the City after providing the permittee 30 days’ written notice.

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Packet Pg. 289 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 9 (c) Any decision by the City under this Chapter to deny an application for or suspend or revoke a permit may be appealed by an aggrieved applicant or permittee. An appeal must be taken within the time and manner set forth in Chapter 6.16 of this Code.

6.42.070 Restoration of Public Right-of-Way
Upon termination or revocation of a permit, the permittee shall immediately, at its own expense, remove all personal property, furnishings, barriers, and other materials from the parking or loading space that was the subject of the permit and restore such space to its original condition. Any such property remaining within the parking or loading space shall be removed pursuant to this Code and the laws of the State of California.

6.42.080 No Vested Rights
Nothing in this Chapter shall be deemed to grant a vested right to a permittee to continue operation of a parklet.

6.42.090 Administrative Regulations
(a) The Director may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, the term of a provisional permit issued pursuant to Section 6.42.020(b) and any conditions to transition such a permit to a non-provisional parklet permit, design and safety specifications for parklets, good neighbor requirements, application procedures, inspection frequencies, additional operating hour limitations, and other permit conditions and requirements.
(b) No person shall fail to comply with the City’s administrative regulations.

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Packet Pg. 290 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 10 6.42.100 Enforcement
(a) Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250 dollars, or a misdemeanor, which shall be punishable by a fine not exceeding $500 dollars per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b) Any person who violates any provision of this Chapter, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code. (c) Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause,

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Packet Pg. 291 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 11 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 become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 292 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 1 City Council Meeting: June 28, 2022 Santa Monica, California

RESOLUTION
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ESTABLISHING MONTHLY LICENSING FEES

FOR THE SANTA MONICA OUTDOORS PARKLET PROGRAM
WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of charges for private use of public property; and WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting such charges by resolution; and
WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor dining on the public right of way as a way to enhance the pedestrian ambiance of the City; and
WHEREAS, in June 2010, the City had an appraiser develop licensing fee rates for outdoor dining that reflected the fair market value of the use of public space; and WHEREAS, on June 11, 2011, the City Council adopted Resolution No. 10586, which established the license fees for outdoor dining area licenses that are adjusted every January 1 by the annual change in the Consumer Price Index and that were set below fair market value to reflect community recognition that outdoor dining areas provide public benefits by enlivening sidewalks and pedestrian pathways and by promoting visual interest throughout commercial districts in the City; and

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Packet Pg. 293 Attachment: Attachment E Resolution Establishing Monthly Licensing Fees (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 2 WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340, which re-set the outdoor dining licensing fee for licenses issued pursuant to Santa Monica Municipal Code 9.31.200 so that the rate in 2022 shall be the same as the rate in 2020 (which, depending on the location in the City, ranges between $2.12 and $2.66 per square foot paid on a monthly basis), and that annually thereafter, commencing on January 1, 2023, such fees shall be adjusted by the change in the Consumer Price Index; and
WHEREAS, pursuant to Resolution Nos. 11392 and 11419, adopted on December 14, 2021 and May 10, 2022, respectively, the City Council waived the monthly license fees for outdoor dining until September 30, 2022; and WHEREAS, concurrent with this Resolution, City Council introduced for first reading an ordinance that would adopt Chapter 6.42 of the Santa Monica Code, establishing the Santa Monica Outdoors Parklet Program; as part of Chapter 6.42, the City Council has the authorization to set charges by resolution for the parklet program to reflect the use of public property; and
WHEREAS, the City Council desires to set the monthly licensing fee for parklets under Santa Monica Chapter 6.42 so that it is commensurate with the lowest end of the range charged monthly per square foot for outdoor licensing agreements issued pursuant to Santa Monica Municipal Code Section 9.31.200.

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

SECTION 1: The monthly license fee for use of public property pursuant to Santa Monica Municipal Code Chapter 6.42 shall be $2.12 per square foot.

10.B.b
Packet Pg. 294 Attachment: Attachment E Resolution Establishing Monthly Licensing Fees (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 3 SECTION 2. Commencing January 1, 2023 and annually thereafter on January 1, the fees shall be increased by the annual change in the Consumer Price Index, which adjustment shall be no less than a three percent (3%) or more than a five percent (5%) increase.

SECTION 3: All fees established by this resolution shall be effective immediately upon adoption of this resolution.

SECTION 4: If there are any conflicts between the fees adopted in this resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this resolution shall control.

SECTION 5. 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:
_______________________

DOUGLAS SLOAN
City Attorney

10.B.b
Packet Pg. 295 Attachment: Attachment E Resolution Establishing Monthly Licensing Fees (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Santa Monica Parklet Program - Peer Cities Parklet Research I Santa Monica Parklet Program
Peer Cities
Parklet
Research
Parklet Research Memo
June 15, 2022

10.B.c
Packet Pg. 296 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program)

CONTENTS INTRODUCTION
Research completed
Time frame
Methods
How to navigate the memo

RESEARCH OVERVIEW
Siting criteria
Design guidelines and standards
Application components
Logistics and 0ther information

DETAILED MATRIX OF FINDINGS
1 2
2 2
2 3
4 5
7 10
11 Santa Monica Parklet Program - Peer Cities Parklet Research

10.B.c
Packet Pg. 297 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 1 Introduction
Santa Monica Parklet Program - Peer Cities Parklet Research 1

10.B.c
Packet Pg. 298 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 2 Research Completed
An analysis of peer city parklet
manuals was conducted to inform
this memo. This memo serves as a
comprehensive summary to inform
the creation of a permanent Santa
Monica Parklet Manual. The peer
cities studied include Culver City,
West Hollywood, Long Beach, and
San Francisco, as these cities share
many similar characteristics with the
City of Santa Monica.

Time Frame
Analysis and peer review occurred in
the Spring of 2022.

Methods
Data collection methods included
reviewing peer city parklet manuals,
parklet application forms, relevant
city websites, and communicating
with peer city staff.

How to Navigate the Memo
This memo is organized into four
sections
• Siting criteria
• Design guidelines & standards
• Application components
• Logistics & 0ther information
With each section, subtopics
showcase parklet design and approval
processes of the peer cities. More
specific information regarding each
city's parklet application process is
located in the Detailed Matrix at the
end of the document.

10.B.c
Packet Pg. 299 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 3 Research
Santa Monica Parklet Program - Peer Cities Parklet Research 3 Overview

10.B.c
Packet Pg. 300 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 4 When submitting a parklet
application, applicants must consider
the site on which their parklet will
sit. This site must adhere to specific
rules enforced by each peer city.

Siting criteria requirements that relate
to speed limit, curb considerations,
utilities, and slope were referenced by
all four peer cities, and are detailed
below.

Speed Limit
In Long Beach and San Francisco,
speed limits for roads on which
parklets are sited need to be 25 mph
or less. West Hollywood requires a
Conditional Use Permit (CUP) and
an additional setback for parklets on
roads with speed limits greater than
25 mph. Culver City allows parklets
on streets with speeds greater than 35
mph, but required parklet operators
to install metal bollards to protect
parklet occupants.

Curb Considerations
In Culver City and West Hollywood
parklets cannot be sited within blue,
green, red, yellow, or white painted
curbs. Long Beach only prohibits
sites within red curbs and along areas
that are designated for fire hydrants,
bus stops, loading and taxi zones,
and disabled parking. San Francisco
allows painted curbs to be moved,
with the exception of disabled parking
spaces. Details on how the parklet
base is attached to the curb is also
noted in some manuals.

Distance from an Intersection
Most peer cities require parklets to
be located 20’ from intersections.

Long Beach utilizes a 45 degree
sight triangle to define distance from
intersection.

Utilities
Long Beach and San Francisco do
not allow parklets to be built over or
block utility covers or access points.

West Hollywood also brought this
up in conversations as a critical
requirement. San Francisco allows
parklets to sit on top of buried
infrastructure and utilities such
as gas and sewer lines. Currently,
Culver City and West Hollywood allow
parklets to be built over utility covers
as long as the design provides access
via a hinged door.

Slope
Three of the four peer cities require
that the maximum cross slope is
2%. Long Beach stipulates that their
slope should follow ADA standards.

Siting Criteria

10.B.c
Packet Pg. 301 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 5 Trees and Planting
Landscape elements are encouraged
throughout the parklet peer cities.

Each city has particular stipulations
as to the type, dimensions, and
density of the planting elements. They
also regulate how these plantings are
integrated into the parklet and how
they affect visibility and pedestrian
pass through. Please see the Matrix
for specific planting guidelines per
city.

Structures
Each city allows operators to install
structures in the parklet but have
specific rules regarding wall height,
material, and roof height. In most
cases, structural walls should not
be above 36”, as they obstruct
visibility. Roof height is limited to
measurements between 84" and 120"
tall. All of the parklet structures are
considered freestanding and are not
to attach to buildings. See the Matrix
for specific standards by city.

Template
None of the peer cities provide a
design template or a ‘kit of parts’
for applicants, which must be used.

However, sample site plans were
provided in all of the parklet manuals.

Signage
Commercial advertising is not
permitted in the parklets. However,
Culver City allows a sandwich board
to be present in the parklet. West
Hollywood allows two ‘open to the
public’ signs within the parklet, as
well as integrated acknowledgment of
sponsorship or logos, etc.

ADA
All peer cities require that parklets
adhere to ADA guidelines, however
West Hollywood and San Fransico
have additional guidlines. West
Hollywood recommends that ADA
requirements for adjacent sidewalks
should exceed 48" to allow more
room for crowds around parklets.

San Fransico requires an accessibility
plan to be included in application
materials.

Travel Lane Buffer
Three of the peer cities require a 1’
buffer from an adjacent bike lane or
traffic lane. West Hollywood requires
a 2’ buffer on streets with speeds
greater than 25mph. San Francisco
requires a 4’ inner buffer when the
parklet is adjacent to another parallel
parking space, and a 2’ buffer when
adjacent to a driveway, motorcycle/
scooter parking, or a bicycle corral.

Wheel Stops
Wheel stop regulations are the same
among three of the peer cities. Wheel
stops should be installed 4’ from
the edge of each perimeter parking
space. Long Beach proposes a
minimum of 2’ from the edge of each
perimeter parking space.

Vertical Edge at the Street
The height of the required edge of
a parklet varies. For example, West
Hollywood mandates that the vertical
edge is between 36” and 72" tall.

Long Beach mandates that vertical
edges are a maximum of 36” tall, but
vertical support structures for shade
can be 84" tall.

Design Guidelines
& Standards

10.B.c
Packet Pg. 302 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 6 Length
Three of the four peer cities require
parklets to be a minimum length
of one parking space. Two parking
spaces is the maximum parklet
length.

Width
Allowable parklet widths range
between 6’- 8’.

Topic Culver City West Hollywood Long Beach San Francisco Min Length 1 parking space. 1 parking space. Official length not written in manual. Removal of existing
parking is allowed providing
that the proposed parklet
does not cause more than
10% of available parking
spaces within a 2 block radius
to be occupied.
1 parking space.

Max Length 3 parking spaces;
52'.
3 parking spaces. No max, but more than 2
spaces require more review.
"A 4 ft inner buffer is required
when adjacent to another
parallel parking space (2 ft
when adjacent to a driveway,
motorcycle/scooter parking, or
a bicycle corral)."
Width 6' 8' "The Parklet may not extend
beyond 7' from the curb
line where there is parallel
parking, or 15' from the curb
line where there is diagonal
parking."
6'

10.B.c
Packet Pg. 303 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 7 Each of the peer cities studied have
specific requirements that applicants
must adhere to regarding eligibility,
process and timing, noticing,
outreach, fees, and insurance. All
cities operate permit programs for
parklet development.

Eligibility
Eligibility is typically open to
businesses and organizations. Some
cities are more specific regarding who
can apply for a parklet. Culver City
states that their applications are open
to restaurants, retailers and other
businesses. West Hollywood specifies
that property owners, government
funded business owners, nonprofits,
and community organizations can
apply.

Application, Process, & Timing
The application processes involve
reviewing the city's parklet manuals,
gathering and submitting application
materials, applying for permits, and
paying required fees. Application
materials among the peer cities
typically involves submitting a parklet
proposal, which includes a site plan
of the proposed parklet, photos of
the proposed site, a parklet project
description or summary, and proof
of consent or a signed petition by
neighboring businesses.

San Francisco and West Hollywood
generally follow a two phase
approach, wherein applicants submit
their parklet proposal and preliminary
materials. Then, when notified by
the city, applicants proceed to pay
fees and move forward with design
development and permitting.

Culver City and Long Beach appear
to require all application materials to
be submitted at once. Long Beach,
in some cases requires and in other
cases encourages, applicants to have
a pre-submittal meeting.

Some cities require additional
application materials. For example,
Culver City requires a traffic control
plan, as well as detailed construction
drawings within its application
materials. West Hollywood and San
Francisco require an initial budget
and maintenance plan.

Timing for the application and
review process varies among the
peer cities with a minimum of 4 - 6
weeks. Culver City has a maximum
processing time of 12 weeks, and
San Francisco has the longest
processing time of up to 6 months.

In all cases, timing is dependent on
what is submitted, how complete the
application is, and how complex the
parklet / location is.

Noticing and Outreach
The peer cities utilize two options
regarding noticing and outreach.

They either require buy-in / support
from adjacent property owners or
they require that adjacent property
owners are informed or aware of the
parklet.

Culver City requires applicants to
submit a parklet petition, signed
and approved by 100% of the
adjacent property owners and
businesses. West Hollywood requires
applicants to submit a minimum
of 3 letters of support signed by the
adjacent building property owner,
neighborhood organizations, nearby
businesses, nearby property owners,
or nearby residents. San Francisco
also requires documentation from
community meetings held to discuss
the addition of a parklet.

Application
Components

10.B.c
Packet Pg. 304 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 8 Topic Culver City West Hollywood Long Beach San Francisco Fees Application fee:
$750
Annual fee: $13/SF
Other fees:

Culver City sewer
fee: $339/dining
seat.

Parking meter fee:
$1000/space (only
charged in years
2-5, 1st year waived
and only applies
to parklets using
currently metered
space).

Tech surcharge fee:
$32.

Recurring fees can
be paid annually,
bi-annually, or
monthly.

Deposit: $2,000.

No specifics
provided from City.

Fees are established
by the Department
of Public Works and
may change on an
annual basis.

Application
fee: $1,375,
including 3%
surcharge and
inspection fees
Renewal fee:
$760, including
3% surcharge
and inspection
fees
All permit fees are waived until 3/31/23. License
fees are waived for the first 2 yrs for existing
holders.

Application fee: Unknown.

Annual fee: Dependent on business gross receipts
and parklet type:

For businesses with $2m+ gross receipts:

Public Parklet: $1,000 for the first parking space
and $250 for each additional parking space. Annual
license fee $100/parking space.

Movable Commercial Parklets: $2,000 for the first
parking space and $1,000 for each additional.

Annual license fee $1,500/parking space.

Fixed Commercial Parklets: $3,000 for the first
parking space and $1,500 for each additional.

Annual license fee $2,000/parking space.

Businesses with less than $2m gross receipts:
1/2 fee waiver (cuts cost in 1/2).

Fees
Fees vary from city to city and are
described below. One average
size parking space, would cost the
following annually in each peer city:
» Culver City:$2,080
» Long Beach: $1,375
» San Francisco: $2,000 (for large
businesses) or $1,000 (for small
businesses)
It is important to note, that these
numbers only include annual fees,
not one time fees.

As a comparison, under Santa
Monica's current outdoor dining fee
structure ($2/SF/month), outdoor
dining that takes up the same size
(160SF) would cost: $3,840 annually.

10.B.c
Packet Pg. 305 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 9 Insurance
Every city requires that the parklet
applicant have insurance. The
insurance policies typically are $1M.

Change of Ownership
Half of the peer cities studied allow
change of ownership or transfer of
permits. West Hollywood requires
that the parklet owner either transfer
the Encroachment Permit to the
new sponsor or remove the parklet.

Parklet owners are to contact the
city to transfer the parklet. West
Hollywood does not state if a transfer
fee is required. San Francisco requires
the parklet owner to submit a signed
letter to Public Works stating that
both parties agree to a transfer in
permit. The new parklet sponsor also
needs to provide specific credentials,
such as business certificate,
certificate of insurance, a completed
parklet application, and pay an
associated fee.

Renewals
Parklets are typically renewed
annually upon the payment of
associated fees and renewal of
insurance certificates. Some
cities renewed the parklet permit
automatically. Permit renewals were
sometimes accompanied by annual
inspections. Annual fees are as
described on the previous page.

10.B.c
Packet Pg. 306 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 10 Logistics & Other
Information
Permit Types
Culver City uses a Parklet Street
Use Permit, West Hollywood uses
an Encroachment Permit, Long
Beach requires a Public Walkways
Occupancy Permit, Local Coastal
Development Permit (if relevant), and
a Temporary Occupancy Permit (if the
parklet is present for 30 days or less),
and San Francisco uses a Shared
Spaces Permit.

Decommissioning Parklets &
Revocation
All of the peer cities require the
applicant to remove the parklet and
pay all associated costs for removal.

If a security deposit was provided,
then the deposit would be used to
repair any damage caused by the
parklet. Only Culver City clearly states
that they require applicants to pay a
$2,000 deposit. The peer cities do
not specify what the removal costs
are. In regards to revocation, all of
the cities retained the right to remove
a parklet at any time.

Non-Conforming Parklets
San Francisco continually monitors
parklets for compliance with public
access requirements and regulations
set in the parklet manual. It appears
that for all peer cities when a nonconforming parklet is reported, the city will send an inspector to the
parklet to document and report any
inconsistencies. As long as these
inconsistencies are corrected by
the parklet sponsor, the parklet can
remain. As an example, permitees
have 15 days in Long Beach to
remedy any citations. San Francisco
has reported the presence of nonconforming and abandoned parklets within their program, but did not
go into detail as to how they were
dealing with them.

Storage & Maintenance
The only city in this study that
appears to have specific regulations
for storage is West Hollywood, which
regulates that the parklet must store
and lock movable furniture every
night. Culver City, Long Beach, and
San Francisco have no clearly stated
rules on storage. All peer cities,
however, require applicants to submit
a maintenance plan or agreement.

Coastal Commission
Long Beach and San Francisco are the
only peer cities that require a Coastal
Development Permit, because they
are under Coastal Commission
jurisdiction. Long Beach requires an
additional fee and a Local Coastal
Development Permit within the
application. San Francisco did not
have a specific Coastal Commission
process, however the San Fransisco
Port completes their own review for
applications on Port property.

Equity
Equity considerations differ by peer
city. Some equity considerations that
are incorporated include waiving
the first year metered parking rental
fee, or providing a grant program to
reimburse businesses.

Administration
The Public Works Department
is typically assigned to oversee
the progress and construction of
parklets. Sometimes a specific official
from the Public Works department
was assigned to oversee parklet
applications. Each city worked in
conjunction with multiple other city
departments to insure the success of
their parklets.

10.B.c
Packet Pg. 307 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 11 Detailed
Matrix of
Findings
Santa Monica Parklet Program - Peer Cities Parklet Research 11

10.B.c
Packet Pg. 308 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 12 Topic Culver City West Hollywood Long Beach San Francisco Age of Program 1 year 1 year 5 years 9 years. Oldest program in US.

Eligible Applicants Restaurants, retailers
other businesses.

Property owners,
business owners, nonprofit and community
organizations.

Businesses Businesses and organizations.

Permanent/Pilot Permanent Permanent program
is forthcoming.

Currently Out Zones is
temporary.

Permanent Permanent
Agreement/Permit Permit Permit Permit Permit and short agreement.

Insurance $2MM $1MM/$2MM
aggregate
$1MM $1MM
Replace Meter
Revenue?
Yes - Parking meter fee
charged
No No
City Grants to
Subsidize?
No $25K No, but charges are based on business revenue of permit holders.

Fees Application fee: $750
Annual fee: $13/SF
Other fees: Culver City
sewer fee: $339/dining
seat.

Parking meter fee:
$1000/space (only
charged in years 2-5,
1st year waived and
only applies to parklets
using currently metered
space).

Tech Surcharge Fee:
$32.

Recurring fees can
be paid annually, biannually, or monthly.

Deposit: $2,000.

No specifics provided
from City. Fees are
established by the
Department of Public
Works and may
change on an annual
basis.

No
No
Application fee:
$1,375 + 3% surcharge
+ inspection
Renewal fee: $760
+ 3% surcharge
+ inspection
All permit fees are waived until 3/31/23. License
fees are waived for the first 2 yrs for existing
holders.

Application fee: Unknown.

Annual fee: Dependent on business gross receipts
and parklet type:

For businesses with $2m+ gross receipts:

Public Parklet: $1,000 for the first parking space
and $250 for each additional parking space. Annual
license fee $100/parking space.

Movable Commercial Parklets: $2,000 for the first
parking space and $1,000 for each additional.

Annual license fee $1,500/parking space.

Fixed Commercial Parklets: $3,000 for the first
parking space and $1,500 for each additional.

Annual license fee $2,000/parking space.

Businesses with less than $2m gross receipts:
1/2 fee waiver (cuts cost in 1/2).

Permit Type &
Length
Parklet Street Use
Permit. If the annual
license fee is paid each
year, the parklet permit
will not expire.

Encroachment Permit,
1 year renewal.

Public Walkways
Occupancy Permit (page
51), 1 year renewal.

If applicable: Local
Coastal Development
Permit; Temporary
Occupancy Permit.

Shared Spaces Permit
1 year renewal.

Detailed Findings - Program Basics
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 309 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 13 Topic Culver City West Hollywood Long Beach San Francisco Application
Components
Overview
- Form
- Conceptual plan
- Images of installation
- Location map
- Signed petition
- Traffic control plan
- Summary of intended use
- Site plan
- Construction drawings
- Materials & furnishing
- Parklet proposal form
- Project description
- Photos of existing site
- Initial site plan/conceptual
rendering
- Preliminary budget and
Maintenance Plan
- Proof of community support
- Proof of notification
- Application
- Owner/project info
- Mapping/survey
- Contractor info
- Temporary occupancy
permit (if needed)
- Site plan
- Seating & equipment
- Details, photos
- Renderings
- Installation & Maintenance
Agreement
- Liquor license
- Removal cost estimate
- Letter of approval from
building owner / HOA
- Traffic control drawings
- Contact & Site Information
- Initial Site Plan
- Photographs of Existing Site
- Project Narrative
- Proof of Consent
- Neighborhood Outreach
- Maintenance Plan
- Funding Strategy &
Estimated Budget
Other Applicant
Responsibilities
"Additional Steps and
Requirements:
- Certificate of Insurance
- Culver City Business License
- License Agreement
- Additional measures may
be required of applicant
businesses depending on
case-by-case circumstances."

N/A N/A N/A
Application
Process
"Applicant submits pre
application materials, adheres
to the Application process
and takes the additional steps
and requirements.

Once all the above has been
done, the Culver City Public
Works Dept will contact the
Applicant about approval."
"Applicant submits a parklet
proposal. Parklet is selected.

Applicant submits design and
development documents.

Applicant Review City
comments. Permit approval.

Install Parklet."
Pre- Plan Check meeting
(required in some cases),
submit application, plan
check, receive permit,
construction, inspection,
renewals, maintenance.
"1. Prepare a Parklet
Proposal. 2. Proposal review,
selection and noticing (5
weeks, minimum). 3. Design
Development and Permitting
(6 months maximum). 4.

Fabrication and Installation (3
months maximum)."
Site Plan Yes Yes. Note that City preformed
the survey/incurred survey
costs for the applicant.

Yes Yes
Outreach Applicants must submit a
Parklet Petition, signed and
approved by 100% of the
adjacent property owners
and business owners that
are located on the same side
of the street within 100’ of
both sides of the proposed
parking space(s) or to the
end of the block (whichever
is less).
"Proof of community support:

A minimum of 3 letters of
support are required for the
initial application. Adjacent
building property owner
(required if not the property
owner). Neighborhood
organizations. Nearby
businesses. Nearby property
owners. Nearby residents.

Applicants must provide written
documentation that businesses/
property owner in front of the
proposed parklet and at least
five businesses within the block
and the block across the street
have been notified."
The Public Works department
encourages speaking with
neighbors
"Notification of or letters
of support from local
neighborhood groups,
merchant’s association, BID
or CBD. Notification of or
letters of support from local
institutions, other adjacent
organizations, residents, and
business owners. Signed
petitions. Documentation of
community meeting(s) held to
discuss the Parklet proposal."
Detailed Findings - Process (1 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 310 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 14 Topic Culver City West Hollywood Long Beach San Francisco Design
Development
"Applicants must create
and submit the following
exhibits with their
completed application
form: Exhibit A: Site plan
depicting the items listed
above, with dimensions of
the parklet area.

Exhibit B: Photographs
of manufacturers’ cut
sheets depicting any
physical barriers, design,
planters, bollards, lighting,
speakers, wheel stops,
etc., which will be used in
the parklet area.

Exhibit C: Photographs of
the furniture that will be
used in the parklet area.

Exhibit D: Front, left
and right-side detailed
elevation drawings
depicting placement of
the items listed above
including the parklet
platform, wheel stops,
bollards, planters, seating,
lighting, speakers and
furniture placement,
elevations including
dimensions."
"Assemble a Project Team.

A design team will turn the
initial concept and preliminary
drawings into detailed
architectural drawings.

Construction team: will take
the design team’s renderings
and turn them into reality.

This team should be familiar
with interpreting detailed
construction documents
and know how to secure
materials and construct with
them."
The applicant is expected to
read through the Long Beach
Parklet manual and design
their own project according
to the design rules and
guidelines given within the
manual.
"You must submit your first set of
design drawings within 60 days
of completing the public noticing
process."
"Design Development with SF
Planning: Assigned to an SF
Planning contact. SF Planning
will forward your vetted plans to
SFMTA and Public Works for their
review."
Timeline Note from City:
"Provided the applicant
is responsive to desired
changes needed after
their initial application
submittal, I estimate the
time frame to obtain a
permit would be 6-12
weeks."
Timeline varies as the City's
program is temporary at this
time. City is transitioning to
permanent program (crafting
design guidelines & standards).

They expect that there will be
different timelines base on the
complexity of what people are
submitting.

From start to finish can take
anywhere from 4-6 weeks.
"Review time frames provided are
estimates and may vary depending on
volume of proposals and parklets in
design review."
Proposal review, selection and
noticing: 5 weeks, minimum. Design
Development and Permitting: 6
months maximum.

Note from City: "If everything
submitted is complete, the entire
review process through SFMTA and
PW can take a few business days.

This very rarely occurs, consequently,
some plan check processes may
take months (e.g. neighbor consent,
revisions to site plan, etc). There is
also a public noticing process which is
10 days and could lead to a hearing if
contested."
Detailed Findings - Process (2 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 311 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 15 Topic Culver City West Hollywood Long Beach San Francisco Issuing
Department
Public Works Department Public Works for parklets in the public right-of-way. Planning
department for parklets in
private parking lots.

Public Works Department Public Works Department
Construction "Parklet construction plans
should be prepared by a
licensed architect or engineer,
with experience preparing site
plans, elevations, perspective
views, and section drawings.

Construction drawings must
be submitted for the seating
deck so that the City can
review the structural base for
the Parklet. The construction
drawings and site plan must
include details that depict the
seating deck and material, floor
supports, stormwater drainage,
accessibility provisions, etc.

The construction drawings
and site plan shall include all
features located within 100
feet of the proposed parklet,
and at a minimum contain the
following: 1. Parklet dimensions,
including the requested parking
space(s) setback dimensions
from adjacent parking spaces...

2. Width of the adjacent
sidewalk. 3. Name and address
of the immediately adjacent
businesses. 4. Distance to
the nearest crosswalk and
intersection. 5. Depiction of
above-ground street fixtures
located within 20 feet of the
parklet area... 6. At-grade
roadway markings... 7. At-grade
utilities... 8. Street addresses
for parking space... 9. Tables,
chairs, planter boxes, and other
furnishings. 10. Total number of
metered parking spaces and
total number of seats and a
tabulation of the total square
footage within the parklet. 11.

Photographs...

12. Elevations..."
"Applicant needs to upgrade
the conceptual design drawings
to a technical level for final
review and approval by the City.

The City will review this last
set of drawings in detail to
make sure that the parklet will
look and function as intended
throughout its life in the public
right of way. Requirements:
- Location and context plan
- Accessibility plan
- Detailed site plan
- Elevations
- Section diagrams
- Construction details
- Perspective renderings
- Itemized project cost"
Notes from City for construction
and maintenance: "Consider
utility access under the parklet.

In one case they had loop
detectors under the k rail of a
parklet and it was really hard to
access it."
"Consider requiring cleaning
after a certain amount of time
and consider repaving needs of
the City."
"Also consider securing the
spaces. This is very important
and make sure they do not
become places for unhoused
individuals to sleep or set up."
There are no clear guidance
or requirements in the
City's Manual relating to
construction.

San Francisco includes Typical
Structure Construction drawings
to show framing in plan view
and section view. There are no
clear guidance or requirements
in the City's Manual relating to
construction.

Detailed Findings - Process (3 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 312 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 16 Topic Culver City West Hollywood Long Beach San Francisco Administration
& City Staffing
(See 'Who Else is
Involved', Below)
The Engineering
Services division of
the Public Works
Department takes the
lead to process and
route the applications
received to necessary
departments.

Public Works leads this process
if the parklet is on the street,
the Planning department leads
the process if parklet is in a
parking lot.
"The initial application
is e-mailed to our Permit
Technicians (general inbox),
who will review and deem
the application complete/
incomplete. Once deemed
complete, the Permit
Technician will assign the
project to an Engineering
Technician, who will perform
a pre-review of the plans.

Once the plans are deemed
routable, the Engineering
Technician will routed to all
stakeholders for approval."
"At this time, staff from the Parking
& Curb Management team oversee
the program development and
application review for the SFMTA.

We will soon be hiring new staff who
will be assigned to this program so
that existing staff can return to their
previous roles."
Proposal Review
Details
After submission, a
city staff member will
contact the applicant
to discuss their
application.

The proposal will be reviewed
by the Parklet Committee,
consisting of staff from the
Departments of Community
Development, Public Works,
Public Safety, and
Economic Development
Art work - may require
additional review by the
City’s Arts Division.

The proposal is reviewed by
the Public Works department.
"The following may be
conducted under a single
review:
- Environmental Review if
necessary ( provided after
application submittal)
- Right of Way Occupancy
Excavation - review may be
required if Parklet meets
certain circumstances
- Right of Way / Park
Improvements ( if rightof-way improvements are
included)"
Proposal Review & Selection
(4 weeks)
An interagency team from SF
Planning, SFMTA, and Public Works
reviews proposals.

Who Else Is
Involved?
Depends on what
is contained in the
parklet and where it is
located. In addition to
Engineering Services:

Fire Marshal
Planning Division
Building Safety
Cultural Affairs
Coordinator (if
its location is near
historical landmarks).

Departments of Community
Development
Department of Public Works
Department of Public Safety
Department of Economic
Development
City's Art Division
LB Water
City Managers Office
PW Traffic Operations
City Engineer
LB Energy and Resource
Department
Development Services
Planning Department
PW Inspections Team
LB Police Department
Environmental Health
Assistant City Engineer
PW Special Projects Officer
PW Civil Engineer
PW Traffic Engineer
San Francisco Planning Department
San Francisco Municipal
Transportation Agency
Department of Public Health
Public Works
Fire Department
Office of Disability
Digital Services (IT)
Detailed Findings - Process (4 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 313 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 17 Topic Culver City West Hollywood Long Beach San Francisco Renewals The Parklet Street
Use Permit and
License Agreement
will automatically
be renewed upon
payment of the annual
license fee, including
the metered parking
fee (when applicable)
and submittal of a
renewed certificate of
insurance.
"Encroachment Permit must be
renewed once a year. The City
will send applicants a renewal
notice and invoice prior to the
anniversary date of the permit."
"Applicants will need to make
sure the liability insurance
policy is up to date prior to the
renewal of the permit."
"Permits must be renewed
per your agreement...

Insurance must be kept
current throughout the
permit period. There are two
classes of renewals: minor
and major. A minor renewal
is a streamlined process
when there are no changes
in permit area. For example,
a permit area that is not
changing includes changes
in equipment or furnishings
only. A major change includes
a modification to the permit
area or substantial equipment
modifications."
Public Works renews parklet
permits every February (Public
Works will prorate permit fee for the
first year, and bill for the full fee each
year after that).
"If significant public concern is
expressed about the installation or
stewardship of your parklet, Public
Works may conduct a public hearing
before a Public Works Hearing
Officer to determine if your parklet
permit should be renewed."
Inspections,
Monitoring, &
Compliance
"An inspector will visit the
parklet around the time of
permit renewal and will work
with the applicant to ensure
that any maintenance, safety, or
accessibility issues get resolved.

Inspections are conducted
annually and/or at the time
of renewals.
"Unless otherwise stipulated
on the permit, a single
inspection is required at
the end of the project.

The contractor shall be
responsible for calling the
inspector a minimum of 48
hours prior to the requested
inspection date to schedule
the inspection."
"SF Planning and Public Works will
monitor the parklet for compliance
with public access requirements
and the Parklet Maintenance
Agreement."
Coastal
Commission
Process & Timing
If the parklet site is in the
Coastal Zone, additional fee
and permit applies.

Applicant must submit a
Local Coastal Development
Permit (LCDP) application.

The project requires a Zoning
Administrator Hearing and
Appeal period.

Handbook includes a map of
the Coastal Zone subareas
(page 11).
"We don’t have a separate process
although SF Port does their own
review for applications on Port
property, largely in the Embarcadero
corridor."
Detailed Findings - Process (5 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 314 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 18 Topic Culver City West Hollywood Long Beach San Francisco Maintenance
Requirements
Requires a
Maintenance Plan.
"Keep the Parklet free
from debris, grime,
and graffiti. Ensure any
plants remain in good
health and do not grow
in a manner that would
obstruct visibility of the
adjacent travel lane
and/or intersections.

Sweep the sidewalk
and roadway
area immediately
surrounding the parklet
and keep it litter-free
as City street sweepers
are unable to do so.

Any area beneath a
parklet platform shall
be cleaned and rinsed
out at least once a
month."
Applicants must also submit a
detailed Maintenance Plan.

Applicants are required to
manage all upkeep of a parklet.
"Clean the parklet and the
surrounding area on a daily
basis. Tend to landscaping. Clear
the drainage channel. Stow or
lock movable furniture every
night. Repair any damage to the
parklet."
"The permittee is required to
maintain the permit area and
ensure cleanliness and safety
at all time. The permittee
is required to remedy any
citations within 15 days."
"Parklet sponsors are required to
develop and submit a maintenance
plan for keeping the parklet safe,
free of debris, grime, and graffiti,
and to keep all plants in good health.

Parklet sponsors are required to
sweep the area surrounding the
parklet and keep it litter-free."
Storage
Requirements
" The City has no
requirements regarding
storage of parklet
furniture so I imagine
the owner would likely
chain it all together
at night and place a
padlock on the chain,
or alternatively, take
all the furniture inside
the restaurant each
night and then put it
back out each day as
part of their ongoing
operation"
"Seating can be removed and
stored at the end of the day or
locked with cables to the
parklet structure - must store
and lock movable furniture
every night. Places have to
be secured due to Homeless
individuals."
"The applicant has the choice
of having stationary furniture
(bolted to the platform, not
the right-of-way) or having
loose furniture. All furniture
must be contained withing a
barricade and the barricade
must have a minimum of one
36” opening."
"Parklets should be designed for
easy removal and storage
in case of emergency or
required roadwork."
Decommissioning
Parklets
"Applicant is
responsible for
removing the parklet
and all related
elements. Applicant
is responsible for
restoring the public
right of way."
"Applicant is responsible for
all costs associated with the
disassembly and removal of the
parklet. For more information
on removal, see Chapter 11.29
of the West Hollywood
Municipal Code."
"When a business vacates an
area they should notify Public
Works, who will inspect
the area and determine if
additional work is needed
to return the area to like
new condition (i.e. remove
fixtures, patch sidewalk, etc.)
The security deposit on file
will be utilized to make such
remedies."
"Applicants are responsible for
notifying Public Works and removing
it at their own expense. Removal
requires an additional permit from
Public Works."
Detailed Findings - Process (6 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 315 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 19 Topic Culver City West Hollywood Long Beach San Francisco Are permits
transferable?
/ Change of
Ownership
Permits are nontransferable.Yes. If a business
changes ownership
or the neighborhood
group dissolves,
applicants may
choose to either
transfer the
Encroachment Permit
to a new host or
remove the parklet.

No, however, in some cases, Public
Works may authorize the permitted
area to remain in place while the new
business pursues a new permit. If the
building owner is the permittee, as long
as the building owner keeps the permit
in good standing, the permit remains
valid even through a change of business
operating within the space.

Yes. "Submit to Public Works a letter
signed by both you and the new
parklet sponsor agreeing to the
transfer. Additionally, the new parklet
sponsor must submit:
- A signed Parklet Host Agreement
Form
- A copy of their business certificate
- A copy of their certificate of
Insurance for general
liability
- Completed Parklet Permit
Application and the
associated fee
- Completed Parklet Permit
Application and the
associated fee"
Nonconforming
Parklets
"As a new program,
the City has yet to
experience the illegal
installation of nonconforming parklets.

We did have one
temporary parklet that
was installed during
the pandemic in which
they “carpeted” the
adjacent sidewalk
creating a private
“room” feel. Upon
discovery, we told
them to remove the
carpet as it does not
weather well and over
time, will likely loosen
and create a trip
hazard to users of the
sidewalk."
"During the
pandemic, everyone
did what ever they
wanted. Now we have
to tell people they
may have constructed
something that they
need permits for."
Out Zones were
preciously allowed
in front of vacant
buildings. But City
has removed that
allowance since it
caused problems for
them.
"Yes, we’ve had a few businesses who
have occupied the right-of-way without
a permit. When this is reported,
we send one of our Public Works
Inspector’s to investigate. The right-ofway is assessed by our Inspection Team for hazards. All hazards are immediately
corrected and the process is explained
to the business. We work with the
business to either issue a PWOP or
explain why one can’t be granted."
"Nonconforming parklets can continue
in the current Public Walkways
Occupancy Permit providing the permit
is kept in good standing. Renewal
applications for nonconforming uses
will be accepted up to January 1, 2021.

Renewal permits for nonconforming
uses will not be issued after January 1,
2022. All nonconforming permit areas
must be vacated by January 1, 2023."
"Yes. We have illegal/non-permitted
parklets and abandoned parklets."
Overview Diagram
or "Cheat Sheet"
Available for
Applicants?
Yes. Example site
diagram provided.

Yes. Example site
diagram provided - pg
18 -19 of the Manual.

Yes, page 6-7 of Handbook. Yes.

Equity
Considerations
The City will waive the
first-year of metered
parking space rental
fees entirely (where
applicable).

Do not have any
equity considerations.

Do not have any equity considerations. "They are currently free and will have a tiered price in the legislated
program depending on the type
(private, public, movable). To
address equity considerations, we
have a grant program to reimburse
participating businesses"
Detailed Findings - Process (7 of 7)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 316 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 20 Topic Culver City West Hollywood Long Beach San Francisco Speed Limit 25 mph or less. 35mph or less. Streets greater than 25mph require CUP and
addt’l setback.
25 mph or less. 25mph or less. If greater speed,
considered case by case.

Curb
Considerations
Parklets may not be
placed within a blue,
green, red, yellow, or
white painted curb.

Each parklet requires
a platform that is flush
with the curb. The
frame should not be
permanently attached
to the street, curb or
adjacent planting strip.

Pin bolts may be used
to attach the parklet
to the curb and street
below.

No blue, green, red, yellow or
white zones
Parklet Base - This frame should
not be permanently attached
to the street, curb, or adjacent
planting strip. The parklet must
be designed to allow rainwater
to flow along the curb without
obstructions.

A maximum horizontal gap of ½
inch between the curb and the
deck is allowed.

Cannot interfere with other
curb uses. Hydrant, bus stop,
loading/taxi zones, disable
parking, other designated
zones. No parklet in red
zones.

Can be located next to a driveway
(with 2’ buffer). Cannot move a
disable space. Can move yellow,
white or green zones or motorcycle
parking.

Distance From
Intersection
20' from an
intersection with a
crossing road
45 degree sight triangle. 20 feet (1 parking space away).

Utilities Not permitted in front
of, or within 15 feet
of a fire hydrant or
over a fire hydrant
shut-off valve.

Parklets constructed
with irremovable
materials may not be
constructed over any
utility access covers.

Parklets may not be
built over existing utility
access points unless
the utility agrees, in
writing, that creation
of a hinged door on
the platform to access
them is acceptable.

Can’t block utility covers or
equipment. Allow gutter flow
maintenance. Allow for curb/
gutter cleaning. Provides access
to and/or avoids utility covers/
manholes.
"City has been flexible about
allowing people to cover
utility covers. On a permanent
business, utilities shouldn't be
obstructed"
Can’t block utility covers or
equipment. Excavation may require
removal. Parklets may sit atop buried
infrastructure and utilities such as
gas lines, sewer and water mains.

Parklets should be designed for
easy removal and storage in case of
emergency or required roadwork.

Detailed Findings - Site Location & Criteria (1 of 3)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 317 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 21 Topic Culver City West Hollywood Long Beach San Francisco Slope Platforms cannot
exceed 2% cross
slopes.

Maximum slope
as required for ADA compliance
or wheelchair accessibility.

Maximum slope
as required for ADA
compliance or wheelchair
accessibility.
5% slope or less 2% max cross
slope.

Trees & Plantings Raised planters no less
than 24" high and 12"
deep can be used as a
positive edge.

Dense plantings that
visually enclose the
space and discourage
pass through are
permitted.

Landscape elements can
include planter boxes, hanging
planters, green walls, or ADAaccessible raised beds.
"Any landscaping in planters,
pots, or window boxes
should be well-maintained
and kept free of litter and
debris. Continuous plantings
of a dense nature should
be avoided. Provide regular
openings in plant material to
maintain visibility. Street trees
shall not be removed unless
the tree is diseased or dying."
"Native plants, plants that provide
habitat, and drought-tolerant
plants are encouraged. You can
see a list of recommended species
for your proposed
location at sfplantfinder.org."
Structures
Allowed?
Yes. But must follow
the below guidelines:
"Parklet walls can not
be higher than 36"
above the ground.

Narrow support pillars
or posts may be built
above 36" to support
a roof or to mount
lighting fixtures, lighting
strings, or speakers.

Roof can not be lower
than 7½ ft. Roof must
sustain a minimum wind
speed of 110 mph.

The height may be
increased with clear
plexiglass or other
material that does not
obstruct visibility."
"The vertical elements must be
able to withstand a minimum of
500lbs of horizontal force. This
edge helps to increase visibility
for road users and must be a
minimum of 36" and a maximum
of 72" tall, as measured from
the top of the parklet base If
located at a corner, opaque
vertical elements must allow
views through the parklet and
may not exceed 36" height.

The parklet base should be
a freestanding structural
foundation that rests on the
street surface. Concrete bases
are encouraged so long as the
applicant can ensure that the
concrete will not bind to the
street. The weight of the deck
should be less than 200 pounds
per square foot.

Yes. "Shade structures shall
be ground mounted and
shall not be attached to the
building. Shade structures
shall be between 7 and 10
feet in height and shall not
extend past the barrier."
"The minimum vertical clearance
for an overhead structure within
the parklet’s footprint (e.g. a
pergola) is 84" above platform
grade A structural engineer
may be required to stamp
your drawings if your proposal
includes an overhead structure.

When located near intersections
(including STOP controlled
intersections), overhead structures
are required to meet SFMTA’s
visibility standards. Overhead
elements that span the sidewalk
and connect the parklet to the
adjacent building façade are
generally not permitted but may
be considered on a case-by-case
basis."
Detailed Findings - Site Location & Criteria (2 of 3)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 318 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 22 Topic Culver City West Hollywood Long Beach San Francisco Bike Lane
Requirements
Parklet must have a
1' buffer adjacent to
existing bike lane.

N
Other Siting
Criteria
No No No No
Topic Culver City West Hollywood Long Beach San Francisco Template
Provided?
No No No No
Design Guidelines
Provided?
Yes Yes Yes Yes
Min Length 1 parking space. 1 parking space. Official length not written in manual. Removal of existing
parking is allowed providing
that the proposed parklet
does not cause more than
10% of available parking
spaces within a 2 block radius
to be occupied.
1 parking space.

Width 6' 8' "The Parklet may not extend
beyond 7' from
the curb line where there is
parallel parking,
or 15' from the curb line
where there is
diagonal parking."
6'
Detailed Findings - Site Location & Criteria (3 of 3)
Detailed Findings - Parklet Design (1 of 2)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 319 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) Santa Monica Parklet Program - Peer Cities Parklet Research 23 Topic Culver City West Hollywood Long Beach San Francisco Max Length 3 parking spaces:
52' parklet.
3 parking spaces. No max, but more than 2 spaces
require more review.

Width & Travel Lane
Buffer
Minimum 12” from
an adjacent bike lane
or auto traffic lane is
required.
8' measured from curb. Could
extend on sidewalk if 4’
through-zone is maintained. 1'
buffer along roadway. 2' buffer
on streets greater than 25mph.
7 '. 12" buffer from traffic or
bike lane.
"A 4 ft inner buffer is required
when adjacent to another parallel
parking space (2 ft when adjacent
to a driveway, motorcycle/scooter
parking, or a bicycle corral)."
End Buffer/Wheel
Stop
"Parklets within parallel
parking spaces: 4 ft
concrete, rubber, or
metal wheel stop shall
be installed at least 1'
from the curb at the 4'
edge of each perimeter
parking space."
4' on both ends. Wheel stops,
yes. Bike racks and other
amenities encouraged.
"To ensure visibility to moving
traffic and parking cars,
parklets shall be buffered
using a wheel stop or similar
protective deterrent located
a minimum of 24" from the
parklet." 4' buffer from
adjacent parking spaces.
4' on both ends. Wheel stops, yes.

Encouraged to use that space for
bikes or planters.

Vertical Edge at
Street
Yes. Yes. Continuous edge at least
36" tall, and max of 72".

Yes. Maximum of 36" tall.

Supports for shade structures
permitted up to 7 ' tall
Lower speed streets do not require.
"Depending on the location, the
parklet should have an edge as a
buffer from the street. This can take
the form of planters, railing,
cabling, or some other appropriate
enclosure. The height and scale of
the buffer required will vary
depending on local context."
Signage No. Only a sandwich
board is permitted.

Yes. "Two 12” by 12” signs
indicating “Open to the Public”
in large lettering. These signs
should be mounted to both
ends. Acknowledgment for
sponsorship, sponsor logos
(if a business), or designs
that “brand” the parklet
can be integrated, but
not overshadow the sign.

Commercial/ advertising
signage is not allowed under
any circumstances."
No - Advertising is not
permitted.

No - Advertising is not permitted.

ADA Yes Yes. City recommends that
ADA requirements for adjacent
sidewalks should be exceeded.
48" is insufficient since people
crowd around parklets.

Yes. City requires that
all parklets that occur in
the public right- of- ways
adhere to comply with the
Americans with Disabilities
Act.

Yes. City requires an accessibility plan
that shows how a parklet meets the
required ADA Accessibility standards.

Terraced parklets require a wheel
chair accessible entry.

Detailed Findings - Parklet Design (2 of 2)
Quoted text (from emails received or from Parklet Policy documents) is italicized.

10.B.c
Packet Pg. 320 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) SM Parklet Survey for Residents & Visitors
1 / 11

95.25% 622

4.75% 31
Q1 Have you ever visited a parklet in Santa Monica? A parklet occupies curbside public parking spaces with restaurant seating or other commercial activity
Answered: 653 Skipped: 2
TOTAL 653
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.d
Packet Pg. 321 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
2 / 11

3.85% 25

4.31% 28

2.92% 19

9.08% 59

19.85% 129

60.00% 390
Q2 If yes, how would you rate your experience with the parklet, with 5 being the highest?
Answered: 650 Skipped: 5
TOTAL 650
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
N/A
1 2
3 4
5 ANSWER CHOICES RESPONSES
N/A
1 2
3 4
5 10.B.d
Packet Pg. 322 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
3 / 11

88.63% 577

11.37% 74
Q3 Have you found yourself visiting parklets or other outdoor dining areas more now compared to before the pandemic?
Answered: 651 Skipped: 4
TOTAL 651
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.d
Packet Pg. 323 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
4 / 11

82.60% 541

17.40% 114
Q4 Would you like to see more parklets in Santa Monica? Answered: 655 Skipped: 0
TOTAL 655
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.d
Packet Pg. 324 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
5 / 11
Q5 As Santa Monica formalizes its parklet program, what are the most important factors for a successful program? Rank 1-7, 1 being most important.

Answered: 639 Skipped: 16

7.69%
45 8.89%
52 10.60%
62 13.68%
80 12.65%
74 14.19%
83 32.31%
189 585 3.14

3.43%
20 7.72%
45 11.15%
65 13.89%
81 16.98%
99 28.64%
167

18.18%
106 583 3.08

9.85%
58 13.07%
77 15.11%
89 14.60%
86 18.00%
106

14.77%
87 14.60%
86 589 3.79

17.47%
102

18.66%
109

19.69%
115

13.01%
76 15.24%
89 8.90%
52 7.02%
41 584 4.55

51.98%
315

20.79%
126

9.90%
60 5.12%
31 3.47%
21 3.47%
21 5.28%
32 606 5.81

9.48%
56 21.32%
126

17.43%
103

14.21%
84 14.21%
84 14.38%
85 8.97%
53 591 4.19

2.19%
13 9.93%
59 15.66%
93 24.41%
145

18.69%
111

14.31%
85 14.81%
88 594 3.50
0 1 2 3 4 5 6 7 8 9 10
Requirements
relating to...

Regulation of
signage
Noise
regulations
Requirements
related to...

Cleanliness
requirements...

Health of
plants and...

Lighting
regulations
1 2 3 4 5 6 7 TOTAL SCORE
Requirements relating to storage of
furniture
Regulation of signage
Noise regulations
Requirements related to visibility
Cleanliness requirements in and
around parklet
Health of plants and landscaping
Lighting regulations

10.B.d
Packet Pg. 325 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
6 / 11

79.57% 518

20.43% 133
Q6 Are you more likely to patronize a business because it has a parklet? Answered: 651 Skipped: 4
TOTAL 651
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.d
Packet Pg. 326 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
7 / 11

63.15% 413

16.82% 110

8.87% 58

4.43% 29

6.73% 44
Q7 How beneficial do you think parklets are to our community? Answered: 654 Skipped: 1
TOTAL 654
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
A great deal
A lot
A moderate
amount
A little
None at all

ANSWER CHOICES RESPONSES
A great deal
A lot
A moderate amount
A little
None at all

10.B.d
Packet Pg. 327 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
8 / 11

84.71% 554

15.29% 100
Q8 Parklets occupy space in the roadway that could be used for other purposes, such as parking and loading. Do you feel parklets are a worthwhile use of this space?
Answered: 654 Skipped: 1
TOTAL 654
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.d
Packet Pg. 328 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
9 / 11

85.34% 559

14.66% 96
Q9 Overall, do you support parklets in Santa Monica?
Answered: 655 Skipped: 0
TOTAL 655
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No (Why not?)

ANSWER CHOICES RESPONSES
Yes
No (Why not?)

10.B.d
Packet Pg. 329 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
10 / 11

89.72% 585

10.28% 67
Q10 Do you live in the City of Santa Monica?
Answered: 652 Skipped: 3
TOTAL 652
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.d
Packet Pg. 330 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors
11 / 11
Q11 If you would like updates regarding the City of Santa Monica’s Parklet program, please enter your email.

Answered: 231 Skipped: 424

10.B.d
Packet Pg. 331 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
1 / 20

72.33% 217

27.67% 83
Q1 Do you operate or own a business in Santa Monica?
Answered: 300 Skipped: 3
TOTAL 300
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.e
Packet Pg. 332 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
2 / 20

33.65% 71

7.11% 15

15.64% 33

3.32% 7

2.84% 6

1.90% 4

17.54% 37

18.01% 38
Q2 Is your business primarily a:

Answered: 211 Skipped: 92
TOTAL 211
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Restaurant
Cafe/bakery
Retail
Fitness Space
Personal Care
Services (e....

Bar
Office
Other (please
specify)

ANSWER CHOICES RESPONSES
Restaurant
Cafe/bakery
Retail
Fitness Space
Personal Care Services (e.g. Nail/Hair Salons)
Bar
Office
Other (please specify)

10.B.e
Packet Pg. 333 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
3 / 20

12.92% 27

9.09% 19

13.88% 29

64.11% 134
Q3 Do you currently have a parklet or sidewalk dining? A parklet occupies curbside public parking spaces with restaurant seating or other commercial activity.

Answered: 209 Skipped: 94
TOTAL 209
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes, parklet
only
Yes, sidewalk
dining only
Yes, both
parklet and...

ANSWER CHOICES RESPONSES
Yes, parklet only
Yes, sidewalk dining only
Yes, both parklet and sidewalk dining
No

10.B.e
Packet Pg. 334 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
4 / 20
Q4 What are the primary uses of your parklet? Rank 1 - 5, 1 being most important.

Answered: 53 Skipped: 250

74.47%
35 2.13%
1 0.00%
0 2.13%
1 21.28%
10 47 4.06

2.70%
1 45.95%
17 37.84%
14 10.81%
4 2.70%
1 37 3.35

10.00%
4 40.00%
16 37.50%
15 5.00%
2 7.50%
3 40 3.40

0.00%
0 8.33%
3 13.89%
5 69.44%
25 8.33%
3 36 2.22

8.57%
3 2.86%
1 14.29%
5 2.86%
1 71.43%
25 35 1.74
0 1 2 3 4 5 6 7 8 9 10
Dining
Serving drinks
(including...

Providing
seating
Providing a
space for...

Providing a
space for st...
1 2 3 4 5 TOTAL SCORE
Dining
Serving drinks (including alcohol)
Providing seating
Providing a space for customers to wait
Providing a space for staff to enjoy a break

10.B.e
Packet Pg. 335 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
5 / 20

58.49% 31

24.53% 13

7.55% 4

1.89% 1
Q5 Will you continue operating a parklet when fees are charged at the same rate as sidewalk dining permits? The average cost is $2/sqft. A two parking space parklet will cost approximately $640/month.

Answered: 53 Skipped: 250
TOTAL 53
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very likely
Likely
Unlikely
Very unlikely
Does not apply

ANSWER CHOICES RESPONSES
Very likely
Likely
Unlikely
Very unlikely
Does not apply

10.B.e
Packet Pg. 336 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
6 / 20
100.00% 53

0.00% 0

0.00% 0
Q6 If your business has expanded onto the sidewalk, outdoors, or into a parklet during the pandemic, do you want to keep those areas, even as COVID restrictions ease?
Answered: 53 Skipped: 250
TOTAL 53
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
Unsure

ANSWER CHOICES RESPONSES
Yes
No
Unsure

10.B.e
Packet Pg. 337 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
7 / 20

18.38% 25

4.41% 6

3.68% 5

6.62% 9

2.94% 4

17.65% 24

47.79% 65

17.65% 24
Q7 If you have not installed a parklet, why have you chosen not to? Answered: 136 Skipped: 167
Total Respondents: 136
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
My street
location is ...

I don’t know
how to apply
The
application...

Parklets are
expensive
Insurance
requirements...

Not interested
Does not apply
Other (please
specify)

ANSWER CHOICES RESPONSES
My street location is not eligible
I don’t know how to apply
The application process is difficult
Parklets are expensive
Insurance requirements are burdensome
Not interested
Does not apply
Other (please specify)

10.B.e
Packet Pg. 338 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
8 / 20

8.03% 11

6.57% 9

10.95% 15

16.06% 22

58.39% 80
Q8 If you are considering installing a parklet and have not already done so, will you apply to install one when fees are charged at the same rate as sidewalk dining permits? The average cost is $2/sqft. A two parking space parklet will cost approximately $640/month.

Answered: 137 Skipped: 166
TOTAL 137
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very likely
Likely
Unlikely
Very unlikely
Does not apply

ANSWER CHOICES RESPONSES
Very likely
Likely
Unlikely
Very unlikely
Does not apply

10.B.e
Packet Pg. 339 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
9 / 20
Q9 Some of the typical elements of a parklet program process are listed below. As Santa Monica refines its process, please let us know which components you are comfortable handling on your own (or comfortable finding someone who can).

Answered: 123 Skipped: 180
Completing a
city...

Preparing site
design plans...

Submitting
photos that...

Assembling
insurance...

10.B.e
Packet Pg. 340 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent S
MParkletSurveyforLocal Businesses
10/20
Having a
petition sig... Submitting
construction... Submitting a
maintenance... Building the parklet

10.B.e
Packet Pg. 341 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
11 / 20
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very Comfo… Comfortable Indifferent Uncomfort…
Very Unco…
Renewing the
annual permit

10.B.e
Packet Pg. 342 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
12 / 20

54.47%
67 21.95%
27 15.45%
19 3.25%
4 4.88%
6 123 1

31.15%
38 26.23%
32 18.85%
23 13.11%
16 10.66%
13 122 2

49.59%
61 26.83%
33 14.63%
18 2.44%
3 6.50%
8 123 1

34.15%
42 31.71%
39 18.70%
23 7.32%
9 8.13%
10 123 2

17.07%
21 23.58%
29 23.58%
29 20.33%
25 15.45%
19 123 2

23.58%
29 21.95%
27 24.39%
30 17.89%
22 12.20%
15 123 2

25.20%
31 30.89%
38 21.95%
27 10.57%
13 11.38%
14 123 2

26.23%
32 24.59%
30 19.67%
24 16.39%
20 13.11%
16 122 2

45.53%
56 27.64%
34 13.01%
16 5.69%
7 8.13%
10 123 2
VERY

COMFORTABLE

COMFORTABLE INDIFFERENT UNCOMFORTABLE VERY

UNCOMFORTABLE

TOTAL WEIGHT
AVERAG
Completing a
city
application
online
Preparing
site design
plans and
creating a
map of the
location
Submitting
photos that
document
the site
Assembling
insurance
documents
Having a
petition
signed by
adjacent
building
owners /
neighborhood
organizations
or compiling
letters of
support
Submitting
construction
drawings
using
preapproved
templates
provided by
the city
Submitting a
maintenance
plan
Building the
parklet
Renewing
the annual
permit

10.B.e
Packet Pg. 343 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
13 / 20

76.92% 100

23.08% 30
Q10 If you already have a parklet or are in the process of applying, please share any insights or challenges you have faced.

Answered: 130 Skipped: 173
TOTAL 130
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Not applicable
Comments

ANSWER CHOICES RESPONSES
Not applicable
Comments

10.B.e
Packet Pg. 344 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
14 / 20

49.24% 65

35.61% 47

15.15% 20
Q11 If you had a choice between a parklet or sidewalk dining in front of your business, which would you prefer?
Answered: 132 Skipped: 171
TOTAL 132
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Parklet
Sidewalk dining
Neither

ANSWER CHOICES RESPONSES
Parklet
Sidewalk dining
Neither

10.B.e
Packet Pg. 345 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
15 / 20

61.90% 78

38.10% 48
Q12 Based on what you’ve experienced to date, what do you value more in front of your business:

Answered: 126 Skipped: 177
TOTAL 126
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
A parklet
Parking/valet/l
oading

ANSWER CHOICES RESPONSES
A parklet
Parking/valet/loading

10.B.e
Packet Pg. 346 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
16 / 20

84.44% 114

15.56% 21
Q13 Overall, do you support parklets in Santa Monica?
Answered: 135 Skipped: 168
TOTAL 135
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

10.B.e
Packet Pg. 347 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
17 / 20

22.56% 30

34.59% 46

20.30% 27
Q14 Should there be a limit on parklet size?
Answered: 133 Skipped: 170
TOTAL 133
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No more than 2
parking spaces
No more than 4
parking spaces
No size
limitations
Other (please
specify)

ANSWER CHOICES RESPONSES
No more than 2 parking spaces
No more than 4 parking spaces
No size limitations
Other (please specify)

10.B.e
Packet Pg. 348 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
18 / 20
Q15 What maintenance-related regulations are most important to you? Rank 1 -5, 1 being most important.

Answered: 127 Skipped: 176

19.59%
19 13.40%
13 16.49%
16 19.59%
19 10.31%
10 10.31%
10 10.31%
10 97 4.40

18.18%
18 24.24%
24 17.17%
17 10.10%
10 11.11%
11 12.12%
12 7.07%
7 99 4.64

3.16%
3 11.58%
11 17.89%
17 26.32%
25 22.11%
21 9.47%
9 9.47%
9 95 3.81

10.10%
10 13.13%
13 13.13%
13 22.22%
22 15.15%
15 13.13%
13 13.13%
13 99 3.89

51.38%
56 11.01%
12 10.09%
11 6.42%
7 11.01%
12 6.42%
7 3.67%
4 109 5.51

6.86%
7 19.61%
20 15.69%
16 6.86%
7 17.65%
18 18.63%
19 14.71%
15 102 3.76

6.54%
7 13.08%
14 14.95%
16 13.08%
14 16.82%
18 12.15%
13 23.36%
25 107 3.50
0 1 2 3 4 5 6 7 8 9 10
Requirements
relating to...

Requirements
related to...

Regulation of
signage
Noise
regulations
Cleanliness
requirements...

Health of
plants and...

Lighting
regulations
1 2 3 4 5 6 7 TOTAL SCORE
Requirements relating to storage of
furniture
Requirements related to visibility
Regulation of signage
Noise regulations
Cleanliness requirements in and
around parklet
Health of plants and landscaping
Lighting regulations

10.B.e
Packet Pg. 349 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent S
MParkletSurveyforLocal Businesses
19/20
Q16Anythingelse you’d liketotell us?
Answered: 76Skipped: 227

10.B.e
Packet Pg. 350 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses
20 / 20

47.54% 58

52.46% 64
Q17 Would you like updates regarding revisions to the City of Santa Monica’s Parklet and Sidewalk Dining policy and application process? Answered: 122 Skipped: 181
TOTAL 122
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
No
Yes (Please
enter email)

ANSWER CHOICES RESPONSES
No
Yes (Please enter email)

10.B.e
Packet Pg. 351 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent 1 Vernice Hankins
From: [email protected]
Sent: Monday, June 27, 2022 10:28 AM
To: councilmtgitems
Cc: Jacqui Swartz
Subject: Item 10B. Permanent Outdoors Parklet Program - "no subleasing" clause

EXTERNAL
Can a "no subleasing" clause be added so that a business can't use the neighbors 2 spaces - just the 2 (max) spaces in front of their business.

This would also prevent outside businesses renting space on the street.

Mark Gorman
2nd Street Santa Monica
Item 10.B
06/28/22
1 of 7 Item 10.B
06/28/22

10.B.i
Packet Pg. 352 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) June 28, 2022
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
RE: Item 10.B – Permanent Santa Monica Outdoors Parklet Program Dear Mayor and Council Members:

On behalf of the Santa Monica Chamber of Commerce—representing 600 local businesses in Santa Monica—we write in support of item 10.B on tonight’s agenda.

The outdoor business permit program has been a lifeline for so many businesses during the pandemic. It has kept customers served, workers employed, and tax revenue flowing into the city.

As we transition into a post-pandemic, new normal, many businesses, customers, and residents alike find that doing business outdoors—in our sunny, temperate, beachfront community—is pleasant as well as safe.

We thank the City for swiftly standing up the Temporary Use of Outdoor Areas permit program, and for the waiver of those permit fees.

Those actions by the City enabled many of our businesses to survive some very tough months.

We strongly encourage you to make this program permanent.

Sincerely,
Judy Kruger Michael Ricks
President/CEO 2021-22 Board Chair
Matt Stauffer
Executive Vice President of External Affairs
Item 10.B
06/28/22
2 of 7 Item 10.B
06/28/22

10.B.i
Packet Pg. 353 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1 Vernice Hankins
From: Karen Blechman <[email protected]>
Sent: Tuesday, June 28, 2022 11:48 AM
To: councilmtgitems
Subject: City Council Meeting 6/28/22 Item 10B

EXTERNAL
Dear City Council,
Re: Item 10 B
I am opposed to the City's parklet program becoming permanent for several reasons:

1) I feel it is entirely unfair to retailers that restaurants and bars have been allowed to take over street parking. This program should be discontinued now that full indoor seating has returned. Why should some establishments be allowed to expand their profits at the expense of others?
2) The barricades and seating shelters are unsightly, heavily detracting from the appearance of the streets affected. These kind of hastily thrown together structures are a far cry from the charming sidewalk cafes of Europe. The foreign visitors whom the City would like to attract are going to be repelled rather than attracted by the present appearance of streets such as Ocean Park's Main Street.

3) These parklets are hindering visibility for drivers and pedestrians, creating the potential for traffic accidents. The City could be liable if someone is hurt or killed as a result.

Please do not allow these parklets to remain.

Karen Blechman
Ocean Park resident since 1994

Item 10.B
06/28/22
3 of 7 Item 10.B
06/28/22

10.B.i
Packet Pg. 354 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1 Vernice Hankins
From: Allison-Claire Acker <[email protected]>
Sent: Tuesday, June 28, 2022 1:07 PM
To: councilmtgitems
Subject: Pro Parklets

EXTERNAL
In support of making the parklets permanent.

Love having more outdoor space anda huge boon for struggling restaurants.

Item 10.B
06/28/22
4 of 7 Item 10.B
06/28/22

10.B.i
Packet Pg. 355 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 2 Vernice Hankins
From: Daphne Dennis <[email protected]>
Sent: Tuesday, June 28, 2022 12:47 PM
To: councilmtgitems
Subject: Item 10B Permanent Outdoor Parklet Program

EXTERNAL
Dear Councilmembers,
My husband and I wholeheartedly support making the outdoor parklet program permanent. We have so much enjoyed the opportunity to support our neighborhood businesses with the outdoor dining options available through this program.

We urge your support for making this program permanent.

All best, Daphne Dennis and John Given
Item 10.B
06/28/22
5 of 7 Item 10.B
06/28/22

10.B.i
Packet Pg. 356 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1 Vernice Hankins
From: Karen Rigberg <[email protected]>
Sent: Tuesday, June 28, 2022 1:56 PM
To: councilmtgitems
Subject: Please keep the parklets

EXTERNAL
As a 20 year resident of Santa Monica, the parklets have enhanced our neighborhoods for residents and visitors. The sense of community and joy that has accompanied the parklets ‐ whether eating in them or walking by them ‐ is simply wonderful. I live off of Montana Ave. and if they could be more permanent then they could be built to last which would only enhance their appearance and positive impact on our community. This is maybe one of the few positive effects of the pandemic ‐ especially as so many storefronts are now vacant.

Thank you,
Karen Rigberg
532 11th Street
Santa Monica 90402
Item 10.B
06/28/22
6 of 7 Item 10.B
06/28/22

10.B.i
Packet Pg. 357 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 2 Vernice Hankins
From: Len Lanzi <[email protected]>
Sent: Tuesday, June 28, 2022 1:39 PM
To: councilmtgitems
Subject: Making Outdoor Parklets Permanent

EXTERNAL
Dear Santa Monica City Council:

As a business member who has worked in Santa Monica for the past 12 years, I wholeheartedly support the making of outdoor parklets permanent and affordable to the restaurants that choose to have them.

The past two years have proven that the parklets are compatible with other businesses and residents. As the Co‐Chair of the Santa Monica Chamber Business Recovery Taskforce in 2020 and 2021, I have heard from business owners and residents alike that the outdoor eating spaces are beneficial to all. Please make our outdoor parklets permanent.

Yours in service,
Leonard Lanzi
Item 10.B
06/28/22
7 of 7 Item 10.B
06/28/22

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Packet Pg. 358 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii
iiiiiiiiiiiiiiiiiiiiiii

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Packet Pg. 359 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

SM OUTDOORS PROGRAM - TRANSITION
Tonight:
 Santa Monica Outdoors
Parklet Program
Coming Soon:
 September: Promenade
Extended Dining Program
 December: Private
Property Dining
 Ongoing: Pier License
Agreements

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Packet Pg. 360 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors TONIGHT:

PROPOSED PERMANENT PARKLET PROGRAM
Staff recommendation
 Introduce ordinance to establish a permanent Santa Monica Outdoors Parklet Program
 Adopt a resolution establishing monthly license fees in support of the Santa Monica Outdoors Parklet Program

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Packet Pg. 361 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

OVERVIEW

BACKGROUND & RESEARCH

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Packet Pg. 362 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors WHAT IS A (PRIVATE) PARKLET?
 Conversion of on-street
parking or loading space into
vibrant extension of the
sidewalk
 Privately maintained and
operated – for exclusive use of
business patrons
 Supports outdoor business
operations and commercial
district economic vitality
 Table service and alcohol
sales permitted in
accordance with state and
city regulations

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Packet Pg. 363 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

BUILDING ON PREVIOUS SUCCESS
2015
Main Street
Parklet Pilot
(3 parklets)
2020-Present
Temporary Outdoor
Use Program
(90 parklets)
Fall 2022
Permanent
Parklet
Program

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Packet Pg. 364 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

BUILDING ON PREVIOUS SUCCESS
of business owners surveyed stated they
wanted to maintain their expanded
operations to sidewalk or parklet areas
of business owners support parklets
of residents and visitors would like to see
more parklets
84%
83%
100%
of residents and visitors said they were
more likely to patronize a business if it had a
parklet
80%
83% of business owners said they are willing
to pay a parklet fee comparable to
sidewalk dining

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Packet Pg. 365 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

PEER CITY RESEARCH
Design Siting and
Maintenance
Fees
Cities Interviewed:
 West Hollywood  Long Beach  San Francisco  Culver City

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Packet Pg. 366 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors LESSONS LEARNED  Operation of Parklets  Parklet size  Neighbor consent  Maintenance Informed by
previous/existing
parklet and outdoor
dining programs, as well
as peer city research

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Packet Pg. 367 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

OVERVIEW

PROPOSED PERMANENT PROGRAM

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Packet Pg. 368 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

PROGRAM GOALS

1. Reimagine the potential of
city streets

2. Provide safe new spaces for
community gathering and
interaction

3. Support local businesses and
promote economic vitality

4. Encourage pedestrian
activity and vibrant, high-
quality streetscapes

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Packet Pg. 369 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors A SIMPLE, EASY TO USE PROGRAM  Clear standards and guidelines for parklet construction established through
administrative regulations  Standard drawings for reference  Cost Recovery Fees for review, inspection,
wastewater, as well as a monthly license fee
and security deposit  Fees were reviewed by Council on May 24, 2022  Maintenance requirements from operators and
annual inspection from Public Works
 Streamlined review and permitting process
with accompanying license agreement  Modeled after existing sidewalk dining process

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Packet Pg. 370 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

DESIGN STANDARDS
Maximum Parklet size  2 Parking/Loading Spaces
Universal access and
maintenance requirements  Flush mount deck required  Universal access Traffic-rated safety barriers
 Variety of options

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Packet Pg. 371 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –2 Space Size Limitation
Curb
Management:

Vehicle
loading in bike
lane
Curb
Management:

Food delivery
blocking bike
lane
Design consistency
 Equal for all businesses
Curb management
 Food delivery
 Loading zones
 Bus zones
 Trash pick up

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Packet Pg. 372 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –2 Space Size Limitation
Safety and Access
 Emergency services
 Propane storage
 Traffic circulation
 Safe unloading of bus
passengers
City Asset Maintenance
 Tree trimming
 Utilities
 Sidewalk repair
Neighbor disputes
Safety and
Access:

Storage of
propane and
furnishings
outside parklet
City
Maintenance:

Access for
tree trimming,
sidewalk
repair

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Packet Pg. 373 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –Access & Maintenance
Requirements
 Deck flush with curb
 Access at entry/exit points
 Furnishings
 Drainage and flow
Access:

Deck flush with
curb; entry
points must
comply with
ADA
Furnishings:

Cannot block
visibility
through
parklet

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Packet Pg. 374 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –Access & Maintenance
Requirements
 Deck flush with curb
 Access at entry/exit points
 Furnishings
 Drainage and flow
Drainage:

Deck design
must allow
for proper
drainage
Furnishings:

Must be
universally
accessible

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Packet Pg. 375 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors Planters (on approach) Sand or water
barrel
Concrete K-Rail
Water-filled K-Rail
DESIGN STANDARDS –Safety Barrier
Approach Barrier
Requirements
 Planters (700+ lb each)
 Sand or water barrels
 Concrete k-rail
 Water filled barriers

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Packet Pg. 376 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –Safety Barrier
Enclosure Barrier
Options
 Wood frame
 Metal/steel frame
 Faux wood frame
 K-rail or water filled
barrier
 Other comparable
materials to create
enclosure
Ashland Hill, Santa Monica
Alfalfa, Santa Monica

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Packet Pg. 377 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors ELIGIBLE STREETS  Streets with <25mph or 30mph and
under if conventional bike lane is
present
 Applicable locations and corridors
include streets such as  Ocean Ave, 2nd Street, 3rd Street, 4th Street and other commercial
corridors downtown
 Montana, Broadway, Main, and
Ocean Park Blvd. outside of
downtown

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Packet Pg. 378 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors Costs help keep program sustainable
 Administrative time
 Fully covers part-time Public Works Inspector
 Fees are based on existing Sidewalk Dining Program
One-Time Initial Costs Ongoing Costs
Plan review and
inspection fees
License fees
(aligned with existing Sidewalk Dining fees)
Wastewater fees
(net new seats) Inspection fees

PARKLET COSTS

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Packet Pg. 379 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

EASY APPLICATION PROCESS

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Packet Pg. 380 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

REVIEW AND PERMITTING PROCESS

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Packet Pg. 381 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

GRADUAL COMPLIANCE TIMELINE

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Packet Pg. 382 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

ORDINANCE CORRECTION
 6.42.030(e) - p.5 of the Ordinance
 Parking or Loading Space Limitation. An eligible business may obtain a permit for use of up to two parking or loading spaces for a total maximum of 320 square feet.

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Packet Pg. 383 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

RECOMMENDATION
 Introduce ordinance to establish a permanent Santa Monica Outdoors Parklet Program
 Adopt a resolution establishing monthly license fees in support of the Santa Monica Outdoors Parklet Program

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Packet Pg. 384 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors

NEXT STEPS ON OTHER OUTDOORS PROGRAMS
 Promenade & Main Street satellite spaces sunset
 Promenade Roadway
 By September 30, 2022
 Expanded Guidelines for Sidewalk Dining
 Promenade – extend to curb
 Extend to vacant neighboring tenant spaces
 Non-Contiguous Dining (e.g. parkways)
 Private Outdoor Space
 By December 31, 2022
 Pier – license agreement amendments

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Packet Pg. 385 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors City Council
Report
City Council Meeting: June 28, 2022
Agenda Item: 11.A
1 of 7
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Adoption of resolution to place revenue measure on the November 2022 Ballot and amend the relevant ordinance to reflect the proposed revenue measure and additional clarifying changes
Recommended Action
Staff recommends that the City Council:

2. Identify Council Members, if any, who wish to prepare arguments for or against the measure.

Summary
Santa Monica continues its gradual recovery from the ongoing disruption and economic losses that accompanied the COVID-19 pandemic. Additional revenue will provide the City the means to address community needs in the context of a slow and uncertain recovery. In response to Council direction at the May 24, 2022 Budget Study session, staff is presenting for adoption a resolution to place a measure on the November 8, 2022 General Municipal Election Ballot. The measure would amend Santa Monica Municipal Code Chapter 6.68 to set the Tax on Transients for Occupancy (Transient Occupancy Tax or TOT), paid by persons visiting Santa Monica for 30 days or less as a percentage of the total amount paid for room rental, at 15% for hotels and at 17% for home-shares. The measure would also make minor language adjustments to Municipal

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Code Chapter 6.68 to clarify existing language and align with existing practices. The proposed resolution is attached (Attachment A).

Background
On February 8, 2022, Council directed staff to review the feasibility, timing, and structure of potential revenue measures to provide additional funding to restore and enhance City services. The potential ballot measures included increases to the Transient Occupancy and Parking Facility taxes, increases within the City’s Business License Tax, and a parcel tax to restore Library services. To assess the feasibility of these options, staff completed additional analysis and worked with Goodwin Simon Strategic Research to conduct a statistically reliable community survey of Santa Monica voters on the revenue measures staff determined to have the most promise for the November ballot: a TOT increase and a Library Parcel Tax.

At the May 24, 2022 Budget Study Session for the FY 2022-23 Proposed Budget, staff reported that, based on research and the polling results, the most viable measure at this time is an increase to the City’s TOT. The survey, or poll, demonstrated strong support for the proposed TOT increase (approximately 70%), well above the 50% plus 1 majority required for passage. Council directed staff to proceed with steps necessary to place a measure on the ballot and prepare ballot measure language.

The Proposed FY 2022-23 Budget is set against economic recovery, tempered by ongoing uncertainties and potential threats from inflation, interest rate increases, supply chain issues, continued disruptions to the tourism and retail sectors due to COVID, and long-term shifts in the office culture that has had a strong role in the City’s economy.

The Proposed General Fund Budget includes limited new investments in Council priorities but additional revenues are needed to meet current community needs. Beyond these changes, it is still anticipated that the City will require new revenues, beyond the revenue already projected for the next five years, to enhance services that address community priorities, and specifically priorities to address homelessness and enhance safety, on an ongoing basis.

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Discussion
While the City’s economy continues to recover, the City does not have sufficient revenue to return service delivery to pre-pandemic levels and has not been able to restore foundational ongoing maintenance and capital programs reduced in the past two years. Outside of these considerations, there are present challenges to address, particularly in the area of safety and homelessness. The proposed TOT increase would provide an estimated $4.1 million in annual revenue to support priorities that were affirmed in the revenue measure poll such as:
• Expansion of the Police Department’s Homeless Liaison Program (HLP) to provide services seven days a week.
• Expansion of the Police Department’s Downtown Services Unit (DSU) and the Public Services Officer (PSO) program. These expanded teams, together, would provide the needed coverage levels for the Downtown, Pier, and Beach areas.

These teams would further increase resources responding to people experiencing homelessness, and would allow public safety resources that have been shifted to deal with increased activity in these areas to be redistributed to neighborhoods and patrols throughout the City.
• Expansion of the City’s homeless multidisciplinary outreach teams’ work beyond the Downtown area.
• Redesign of the SAMOSHEL interim housing program to accommodate 24/7 intakes, giving additional options for after-hours intake and facilitating SMPD transports for people experiencing homelessness and non-urgent behavioral health issues. These initiatives were discussed by Council during the May 11, 2022, Special Meeting on Homelessness.

The City’s TOT rate is 14%, last increased in 2004. Santa Monica visitors also pay a tourism marketing district or TMD assessment - which goes directly to Santa Monica Travel and Tourism to fund hotel marketing - currently set at fixed rates of $1.90-$6.25 per room night. Varying with the average nightly room rate of each hotel from the prior year, the TMD assessment approximates to 1-2% of the room rate, for an effective total

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tax and assessment rate of approximately 15-16%. This rate is comparable to the City of Los Angeles and below that of some neighboring or other destination cities.

The table below shows Santa Monica compared to other major California tourist destinations.

City TOT Rate Additional Assessment Total Equivalent
Inglewood 15.5% 15.5%
Palo Alto 15.5% 15.5%
Malibu 15% 15%
Anaheim 15% TMD 2% 17%
Ojai 15% 15%
Garden Grove 14.5% TMD 2.5% 17%
Los Angeles 14% TMD 1.5% 16.5%
Santa Monica 14% TMD $1.90-$6.25/ room night
(approx. 1-2%)
15-16%
San Francisco 14% TMD 2.75% (highest tier) 16.75%
Oakland 14% TBID $1.50/ room (>50 rooms) Over 14%
Long Beach 12% TMD 3% 15%
Staff proposes a 1% increase for hotels and 3% increase for home-shares which collectively will raise approximately $4.1 million annually once fully implemented. The higher amount applied to home-shares considers the greater regulatory oversight that home-shares require, and the greater impacts these home-shares have on residential neighborhoods and areas not typically subject to the impacts of commercial endeavors.

This tax would be paid for entirely by visitors to Santa Monica. With the proposed increase, Santa Monica’s effective rate for hotel visitors - including the TMD assessment - would be approximately 16%-17%, still comparable to the cities shown above. If the City moves forward with this measure, staff recommends an associated Advisory Board made up of stakeholders and community members to provide nonbinding recommendations to staff and Council on the uses of some portions of TOT revenues.

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Staff recommends that the City continue community outreach and planning in conjunction with placing this measure on the November ballot. The recommended ballot language is as follows:

Santa Monica Transient Occupancy Tax draft ballot language:

To address homelessness, improve 911 emergency response times and neighborhood police protection, make public areas safer and cleaner, including streets, sidewalks, parks, and the beach, and provide other vital City services, shall the City of Santa Monica increase the transient occupancy tax – which is paid entirely by overnight visitors – by 1% for hotels and motels, and by 3% for home-shares, providing approximately $4.1 million annually, until ended by voters, with all funds benefiting Santa Monica.

The proposed resolution (Attachment A) includes the recommended ballot language and measure language and authorizes designated City Council members to submit arguments and rebuttals concerning the measure. Finally, the resolution directs the City Clerk to transmit a copy of the measure to the City Attorney and directs the City Attorney to prepare an impartial analysis of the effects of the measure on the existing law as well as on the operation of the measure.

Arguments and rebuttals shall be submitted in accordance with State Elections Code Sections 9280-9287 and Santa Monica Municipal Code Section 11.04.125. The Elections Official will set the deadline for submitting arguments as 14 days from the date the election is called on the measure and the deadline for submitting rebuttals to arguments as 10 days after the deadline for submitting arguments on the measure, or the date fixed by the City Clerk, whichever date is later.

To establish an additional level of accountability on the use of the additional revenues raised from this ballot measure, staff is recommending that Council create an advisory committee that would make non-binding recommendations on the use of the additional TOT revenues. Staff is proposing a 5-person committee appointed by the City Council for 2-year terms. Staff recommends that the Committee would include one member

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representing the hospitality industry, one member representing the homeless behavioral health services community, one member from the Santa Monica Chamber of Commerce, and two residents. Additional detail on the Committee structure will be included in a resolution to be adopted by Council by February 28, 2023, if the ballot measure is successful.

Additional Clarifications to the TOT Ordinance
In addition to the proposed rate changes, staff proposes minor revisions to clarify ordinance language detailed in the table below. Municipal Code Chapter 6.68 contains language created and not updated since the mid-1960s, with the result that some text is unclear or outdated with current practice. Staff proposes to update this language along with the proposed rate changes if voters approve the proposed ballot measure. If voters do not approve the proposed ballot measure, staff will return to Council at a later date with these proposed ordinance revisions. These minor adjustments will have no impact on the amount of taxes owed.

Municipal Code
Section
Content Change and Rationale

6.68.010 Definitions • Transient: to align with the State Revenue and Taxation Code • Rental: to clarify that rental charges includes all required room charges except charges prohibited from inclusion by Revenue and Taxation Code section 7282.3

6.68.040 Collection • Remove the quarterly payment option that is no longer in use • Update title to align with other taxes
• Clarify timing of payment and add instructions for when payment falls on holidays and weekends per current practice

6.68.055
Determination of
Date Payment Made
• New section outlining existing practices and to provide clarity on the effective date of when the City treats a payment as being made

6.68.060 Interest
and Penalties
• Update to include interest payment information
• Clarify penalty charges for delinquent payment

6.68.070 Failure to
collect and report tax
• Update title to reflect content

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6.68.075 Manner of
giving notice
• Updated manner and effective date of providing notice

6.68.080 Records • Update to four years consistent with limitations period in Revenue and Taxation Code section 7283.51

6.68.100 Exceptions • Add exemption for foreign diplomats consistent with federal regulations and other applicable law

6.68.110
Administrative
Penalties
• Clarify that penalties in this section refer to administrative penalties
Attachment A shows the revisions within the ordinance text.

Financial Impacts & Budget Actions
The cost of placing the measure on the ballot will be covered by the FY 2022-23 election budget. Staff expects that voter approval of the transient occupancy tax measure will increase General Fund revenues by approximately $1.4 million in FY 2023-24 due to the timing of implementation, and an anticipated $4.1 million per year in the following years. There is no anticipated financial impact associated with the other ordinance revisions.

Prepared By: Gigi Decavalles-Hughes, Director
Approved Forwarded to Council
Attachments:

A. 2022-6-21 - TOT - Resolution Ballot Measure
B. Exhibit 1 - PDF v.2 6-23-22
C. Budget Session Staff Report - May 24, 2022 Council Meeting (Web Link) D. PowerPoint Presentation

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1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE TO AMEND CHAPTER 6.68 OF THE SANTA MONICA MUNICIPAL CODE TO INCREASE THE CITY’S
TRANSIENT OCCUPANCY TAX TO 15% FOR HOTELS AND 17% FOR HOMESHARES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2022, AND AUTHORIZING CITY COUNCIL MEMBERS TO FILE

WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE AND DIRECTING

THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE

MEASURE
WHEREAS, on October 8, 1963, the City Council of the City of Santa Monica adopted Ordinance No. 625 (CCS), which established the City’s Tax on Transients for Occupancy (the “TOT”); and
WHEREAS, the TOT is contained in Chapter 6.68 of the Santa Monica Municipal Code; and
WHEREAS, on November 2, 2004, the voters approved Measure N, which established the current TOT rate of 14% of the total charge for room rental within the City; and
WHEREAS, many residents live in the City of Santa Monica because the City invests in community priorities, offering extensive services and programs that substantially enhance the quality of life of its residents; and WHEREAS, additional locally-controlled revenue source is needed to restore and

11.A.a
Packet Pg. 393 Attachment: 2022-6-21 - TOT - Resolution Ballot Measure [Revision 4] (5179 : Adoption of resolution to place revenue measure on the 2 enhance Santa Monica’s essential city services; and
WHEREAS, increasing the TOT rate to 15% for hotels and 17% for home-shares would partially fill the revenue gap created by COVID-19 and help restore and enhance Santa Monica’s essential city services; and
WHEREAS, the proposed increase to the TOT would help provide new, ongoing revenue to help preserve key foundational services, including: keeping public spaces (parks, beaches, beach restrooms) clean and safe, increasing homelessness response resources, and expanding interim housing programs; and
WHEREAS, under applicable law, the City Council of the City of Santa Monica must present a proposed increase to the TOT to the electorate of the City of Santa Monica for adoption by majority vote of the electorate; and WHEREAS, pursuant to California Elections Code Section 10403, the City Council has previously requested that the County of Los Angeles consent and agree to the consolidation of all aspects of a General Municipal Election with the Statewide General Election scheduled for Tuesday, November 8, 2022, for the purpose of electing members of the Santa Monica City Council, the Santa Monica Rent Control Board, the Santa Monica-Malibu Unified School District, and the Santa Monica College Community College District.

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

SECTION 1. At the General Municipal Election called for November 8, 2022, the following measure shall be submitted to the qualified electors of the City of Santa Monica:

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Packet Pg. 394 Attachment: 2022-6-21 - TOT - Resolution Ballot Measure [Revision 4] (5179 : Adoption of resolution to place revenue measure on the 3 MEASURE " ":

To address homelessness, improve 911
emergency response times and
neighborhood police protection, make
public areas safer and cleaner, including
streets, sidewalks, parks, and the beach,
and provide other vital City services,
shall the City of Santa Monica increase
the transient occupancy tax – which is
paid entirely by overnight visitors – by
1% for hotels and motels, and by 3% for
home-shares, providing approximately
$4.1 million annually, until ended by
voters, with all funds benefitting Santa
Monica?

YES ________
NO _________
SECTION 2. That the City Clerk shall file a certified copy of this resolution with the Board of Supervisors and with the county election department of the County of Los Angeles.

SECTION 3. That the City of Santa Monica recognizes that additional costs may be incurred by the County by reason of the addition of this measure to the ballot and agrees to reimburse the County for any additional costs.

SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an impartial analysis of it, which shall not exceed 500 words in length. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. ln accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk's office.

SECTION 5. The City Council authorizes its members, as follows, to file written

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Packet Pg. 395 Attachment: 2022-6-21 - TOT - Resolution Ballot Measure [Revision 4] (5179 : Adoption of resolution to place revenue measure on the 4 arguments for or against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:

FOR:

AGAINST:

All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law.

SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttal, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election.

SECTION 7. The provisions of Resolution Numbers 11425 and 11426 are referred to and incorporated into this resolution for more particulars concerning the conduct of

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Packet Pg. 396 Attachment: 2022-6-21 - TOT - Resolution Ballot Measure [Revision 4] (5179 : Adoption of resolution to place revenue measure on the 5 General Municipal Election to be held on November 8, 2022, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.

SECTION 8. 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:
______________________
DOUGLAS T. SLOAN
City Attorney
Exhibit 1 – Text of Measure

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Packet Pg. 397 Attachment: 2022-6-21 - TOT - Resolution Ballot Measure [Revision 4] (5179 : Adoption of resolution to place revenue measure on the Exhibit 1

CITY COUNCIL PROPOSED MEASURE TO AMEND SANTA MONICA MUNICIPAL CODE CHAPTER 6.68 TO INCREASE THE CITY’S TRANSIENT OCCUPANCY TAX TO 15% FOR HOTELS AND 17% FOR HOME-SHARES
WHEREAS, on October 8, 1963, the City Council of the City of Santa Monica adopted Ordinance No. 625 (CCS), which established the City’s Tax on Transients for Occupancy (the “TOT”); and
WHEREAS, the TOT is contained in Chapter 6.68 of the Santa Monica Municipal Code; and
WHEREAS, on November 2, 2004, the voters approved Measure N, which established the current TOT rate of 14% of the total charge for room rental within the City; and
WHEREAS, many residents live in the City of Santa Monica because the City invests in community priorities, offering extensive services and programs that substantially enhance the quality of life of its residents; and WHEREAS, additional locally-controlled revenue source is needed to restore and enhance Santa Monica’s essential city services; and
WHEREAS, increasing the TOT rate to 15% for hotels and 17% for home-shares would partially fill the revenue gap created by COVID-19 and help restore and enhance Santa Monica’s essential city services; and
WHEREAS, the proposed increase to the TOT would help provide new, ongoing revenue to help preserve key foundational services, including: keeping public spaces (parks, beaches, beach restrooms) clean and safe, increasing homelessness response resources, and expanding interim housing programs; and
WHEREAS, under applicable law, the City Council of the City of Santa Monica

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Packet Pg. 398 Attachment: Exhibit 1 - PDF v.2 6-23-22 [Revision 2] (5179 : Adoption of resolution to place revenue measure on the November 2022 Ballot) Exhibit 1
must present a proposed increase to the TOT to the electorate of the City of Santa Monica for adoption by majority vote of the electorate.

NOW, THEREFORE:

SECTION 1. Chapter 6.68 of the Santa Municipal Code is amended to read as follows:

Chapter 6.68 TAX ON TRANSIENTS FOR OCCUPANCY

6.68.010 Definitions.

The following words and phrases, when used in this ordinance, shall, for the purpose of this Chapter, have the following respective meanings except where the context clearly indicates a different meaning:
(a) Transient. Any person who, for any period of not more than one month30 days either at his ownthat person’s expense or at the expense of another, obtains lodging or the use of any lodging space in any hotel as hereinafter defined, for which lodging or use of lodging space a charge is made.
(b) Person. Any individual, corporation, company, association, firm, copartnership, or any group of individuals acting as a unit.
(c) Hotel. Any public or private hotel, inn, hostelry, tourist home or house, motel, rooming house, bed and breakfast, home-share (as defined in Santa Monica Municipal Code §

6.20.010), or other lodging place within the City of Santa Monica offering lodging, wherein the owner and operator thereof, for compensation, furnishes lodging to any transient as hereinabove defined.
(d) Room Rental. The total charge madeAny charge required by any such hotel for lodging and/or lodging space furnished to any such transient, including, but not limited to, furniture, fixtures, appliances, linens, towels, non-coin-operated safes, and maid service. Room Rental shall not include any amount upon which a sales or use tax is imposed with respect to the sale of food products. If the charge made by such hotel to such transient includes any charge for services or accommodations in addition to that of lodging, and/or the use of lodging space, then such portion of the total charge as represents only room and/or lodging space rental shall be distinctly set out and billed to such transient by such hotel as a separate item. (e) Director of Finance-City Controller.: The Director of Finance-City Controller of the City of Santa Monica.
(f) Permanent Resident. Any person who, as of a given date, has occupied or has had the right to occupy a room or rooms in a particular hotel, as herein defined, for the thirty consecutive days next preceding such date.

6.68.020 Transient Occupancy Tax Imposed.

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Packet Pg. 399 Attachment: Exhibit 1 - PDF v.2 6-23-22 [Revision 2] (5179 : Adoption of resolution to place revenue measure on the November 2022 Ballot) Exhibit 1
On and after the effective date of this ordinance, there is hereby imposed and levied on each and every transient a tax for the privilege of occupancy in a hotel (other than a homeshare, which is subject to section 6.68.025) equivalent to fourteen fifteen percent (1415%) of the total amount paid for room rental by or for any such transient to any such hotel; which said tax shall be collected from such transient at the time and in the manner hereinafter provided. .Said tax is levied for revenue purposes and is necessary for the usual financial operation of the City of Santa Monica.

6.68.025 Transient Occupancy Tax Imposed on Home-Shares.

On and after the effective date of this ordinance, there is hereby imposed and levied on each and every transient a tax for the privilege of occupancy in any home-share equivalent to seventeen percent (17%) of the total amount paid for room rental by or for any such transient for the use of a home-share.

6.68.040 Collection.

On and after the effective date of this ordinance, every person receiving any payment for room rental with respect to which a tax is levied under this ordinance shall collect the amount of tax hereby imposed from the transient on whom the same is levied or from the person paying for such room rental, at the time payment for such room rental be made. Where the tax has been collected for room rental for thirty days or less and the occupant subsequently completes thirtyone consecutive days of occupancy, the person whose duty it is to collect said tax may return such tax to the occupant or person obligated to pay such tax. If said person whose duty it is to collect said tax has paid such tax over to the City, he may, within one year from the date of payment to the Director of Finance-City Controller, and provided he has returned such tax to the occupant or person obligated to pay such tax, either take credit for the tax so paid on any subsequent return filed by hint or file a claim for refund of such tax. Such claim may be paid to such person by the Director of Finance-City Controller. The taxes required to be collected hereunder shall be deemed to be held in trust by the person required to collect the same until remitted as hereinafter required.

6.68.050 Reports and Tax Remittance.

The person collecting any such tax shall prepare a report upon such forms and setting forth such information as the Director of Finance-City Controller may prescribe and require, showing the amount of room rental charges collected, and the tax required to be collected and shall sign and deliver the same to the Director of Finance-City Controller with a remittance for said tax. Said reports and remittances shall be due the first business day of each month covering the amount of tax collected during the preceding month, the first report and remittance hereunder being due on the first day of December, 1963, covering the amount of tax collected during the month of November, 1963. Any person operating a hotel regularly throughout the year may, upon written application to, and with the written consent of, the Director of FinanceCity Controller, make reports and remittances on a quarterly basis in lieu of the monthly basis hereinbefore provided. Such quarterly reports and remittances shall be due on the first days of January, April, July and October in each year, and shall cover the amounts collected during the

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Packet Pg. 400 Attachment: Exhibit 1 - PDF v.2 6-23-22 [Revision 2] (5179 : Adoption of resolution to place revenue measure on the November 2022 Ballot) Exhibit 1
three months immediately preceding the months in which reports and remittances are required.

If the remittance is by check or money order, the same shall be payable to the City of Santa Monica.

6.68.055 Determination of Date Payment Made.
(a) The payment of tax made in person or electronically prior to close of City business hours will be treated as received at the date of delivery. (b) If payment is made by United States mail, the payment date will be the: (1) date of cancellation by the United States Postal Service, as reflected on the envelope which contains the payment; or (2) date of receipt by the City for any payment mailed in an envelope which has used a postal meter.

6.68.060 Delinquent Tax Payments - Interest and penalties. (a) If any person shall fail or refuse to remit to the Director of Finance-City Controller the tax required to be collected and paid under this Chapter in the amount specified in this Chapter, on or before the last day of the month in which said remittance becomes due, such tax is delinquent.
(b) there Upon any tax becoming delinquent, shall be added to such tax by the Director of Finance-City Controller shall impose a penalty of ten percent of the amount of the tax.
(c) To the extent permitted by law, the Director of Finance, or their designee, may establish rules and regulations that establish an applicable interest rate for any delinquency., and
(d) if If the any tax shall remains delinquent and unpaid thereafter for a period of more than thirty days, there shall be added thereto by the Director of Finance-City Controller an additional penalty of ten percent shall be added.
(e) For collection purposes only, every penalty imposed and any such interest as accrues under this section shall become a part of the tax required to be remitted.

6.68.070 Failure to collect and report tax – Notice of Delinquency.

If any person shall fail or refuse to collect said tax and to make, within the time provided in this Chapter, any report and remittance required by this Chapter, the Director of Finance-City Controller shall proceed in such manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the Director of Finance-City Controller shall procure such facts and information as he or she is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to collect the same and to make such report and remittance, he or she shall proceed to determine and assess against such person the tax, and penalties, and interest provided for by this Chapter and shall notify provide a notice of delinquency to such person by mail sent to his or her last known place of addressas provided in section 6.68.075. The notice of delinquency

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Packet Pg. 401 Attachment: Exhibit 1 - PDF v.2 6-23-22 [Revision 2] (5179 : Adoption of resolution to place revenue measure on the November 2022 Ballot) Exhibit 1
shall describe of the total amount of such tax, including and applicable interest and penalties, owed. , and tThe total amount thereoftax owed shall be payable within ten days from the date of such notice of delinquency.

6.68.075 Manner of giving notice.

Any notice required under this Chapter may be served personally or by mail; if by mail, service shall be made by depositing the notice in the United States mail, in a sealed envelope with postage paid, addressed to the person on whom it is to be served at his or her address as it appears in the records of City or as ascertained by the Director of Finance, or designee. The service is complete at the time of the deposit of the notice in the United States mail, without extension of time for any reason.

6.68.080 Records.

It shall be the duty of every person liable for the collection and payment to the City of any tax imposed by this Chapter to keep and preserve, for a period of two four years, such suitable records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the City, which records the Director of Finance-City Controller shall have the right to inspect at all reasonable times.

6.68.090 Cessation of business.

Whenever any person required to collect and pay to the City a tax under this Chapter shall cease to operate or otherwise dispose of his or her business, any tax payable hereunder to the City shall become immediately due and payable and such person shall immediately make a report and pay the tax due.

6.68.100 Exceptions.

No tax shall be payable hereunder in any of the following instances:
(a) On room rental paid by any Federal, State of California, or City of Santa Monica, official or employees when on official business provided that a tax exempt certificate is executed at the time of registration, on a form to be provided by the Director of Finance-City Controller. (b) (b) On room rental paid to any hospital, medical clinic, convalescent home or home for aged people.
(c) On any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein by reason of Federal, State, or local law or regulation.

6.68.110 Administrative Penalty.

Any person violating or failing to comply with any of the provisions of this Chapter, shall be subject to any of the penalties set forth in Section 1.08.010 of the Santa Monica Municipal

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Packet Pg. 402 Attachment: Exhibit 1 - PDF v.2 6-23-22 [Revision 2] (5179 : Adoption of resolution to place revenue measure on the November 2022 Ballot) Exhibit 1
Code. upon conviction thereof, be fined not less than twenty-five dollars nor more than five hundred dollars, and each Each such violation or failure shall constitute a separate offense.

Such conviction Neither the City’s pursuit of any such penalties nor the imposition of any such penalties shall not relieve any such person from the payment, collection or remittance of said the tax as provided in this Chapter.

6.68.120 Director of Finance-City Controller—Powers and duties.

It shall be the duty of the Director of Finance-City Controller to ascertain the name of every person operating a hotel in the City of Santa Monica, liable for the collection of the tax levied by this Chapter, who fails, refuses or neglects to collect the tax or to make, within the time provided by this Chapter, the reports or remittances required herein.

6.68.130 Advisory Committee.

The City Council shall, no later than February 28, 2023, establish by resolution an advisory committee that will make non-binding recommendations as to the expenditure of additional funds raised by increasing the transient occupancy tax above 14%.

SECTION 2. Any provision of the Santa Monica Municipal Code inconsistent with the provisions of this measure, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this measure.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this measure 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 measure. The City Council hereby declares that it would have placed this measure and the resulting Santa Monica Municipal Code amendment, and the voters declare that they would have adopted this measure and the resulting Santa Monica Municipal Code amendment, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion may be subsequently declared invalid or unconstitutional.

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Packet Pg. 403 Attachment: Exhibit 1 - PDF v.2 6-23-22 [Revision 2] (5179 : Adoption of resolution to place revenue measure on the November 2022 Ballot) Transient Occupancy
Tax Revenue Measure Proposal
June 28, 2022

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Packet Pg. 404 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue • Recovery from the pandemic continues at a slow pace
• City services, capital and maintenance below pre-pandemic levels • New revenue streams required for new or expanded programs • Proposed Transient Occupancy Tax measure would bring an estimated $4.1 million annually
Additional resources required to support community priorities

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Packet Pg. 405 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue City TOT
Rate Additional Assessment Total Equivalent
Inglewood 15.5% 15.5%
Palo Alto 15.5% 15.5%
Malibu 15% 15%
Anaheim 15% TMD 2% 17%
Ojai 15% 15%
Garden Grove 14.5% TMD 2.5% 17%
Los Angeles 14% TMD 1.5% 16.5%
Santa Monica 14% TMD $1.90-$6.25/ room night (approx. 1-2%) 15-16% San Francisco 14% TMD 2.75% (highest tier) 16.75%
Oakland 14% TBID $1.50/ room (>50 rooms) Over 14%
Long Beach 12% TMD 3% 15%
Current Transient Occupancy Taxes in Context

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Packet Pg. 406 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue Increase existing TOT rates:
• By 1% for hotels
• By 3% for vacation rentals (homeshares through Airbnb, Vrbo, and other platforms)
Proposed Transient Occupancy Tax Measure

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Packet Pg. 407 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue Addressing homelessness and public safety are key community needs • Homeless Liaison Program (HLP) services seven days a week • Downtown Services Unit (DSU) and the Public Services Officer (PSO) program expansion
• Homeless multidisciplinary outreach team beyond the
Downtown area
• SAMOSHEL program redesign to accommodate 24/7 intakes Revenue Can Address Key Needs

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Packet Pg. 408 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue • 5-person committee, Council appointed, 2-year terms
• Hospitality industry (1), homeless service provider (1), business community (1), residents (2)
• Additional detail to be included in a resolution to be adopted by 2/28/23
Advisory Committee

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Packet Pg. 409 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue Description Year % Yes Poll % Yes
Election
Measure ES SMMUSD bond 2012 62% 68%
Measure GSH City sales tax 2016 55% 62%
Measure V SMC bond 2016 65% 66%
Measure SM property transfer tax 2020 62% 72%
Proposed transient occupancy tax 2022 70%
7 Support for Transient Occupancy Tax Greater than Levels of Support for Previous Voter Approved Measures

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Packet Pg. 410 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue To address homelessness, improve 911 emergency response times and neighborhood police protection, make public areas safer and cleaner, including streets, sidewalks, parks, and the beach, and provide other vital City services, shall the City of Santa Monica increase the transient occupancy tax – which is paid entirely by overnight visitors – by 1% for hotels and motels, and by 3% for vacation rental properties, providing approximately $4.1 million annually, until ended by voters, with all funds benefiting Santa Monica.

Proposed Ballot Language

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Packet Pg. 411 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue • Approve the resolution
• Designate one or more Councilmembers to write the
argument in favor of the measure
Recommended Action

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Packet Pg. 412 Attachment: PowerPoint Presentation (5179 : Adoption of resolution to place revenue City Council
Housing Authority
Parking Authority
Report
City Council Meeting: June 28, 2022
Agenda Item: 12.A
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To: Housing Authority, Parking Authority, Mayor and City Council From: Gigi Decavalles-Hughes, Director, Finance Department, Budget Subject: Adoption of the Second Year of the FY 2021-23 Biennial Budget, Adoption of the First Year and Approval of the Second Year of the FY 2022-24 Biennial Capital Improvement Program Budget
Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

Staff also recommends that the City Council:

4. Adopt a Resolution of the City Council of the City of Santa Monica revising the City’s master fee schedule to establish and revise certain permit and user fees and charges (Attachment E);

6. Adopt a Resolution the City Council of the City of Santa Monica establishing parking rates and permit fees for all City parking facilities and resources (Attachment G);

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8. Adopt a Resolution of the City of Santa Monica establishing the Gann appropriations limit for FY 2022-23 (Attachment J);

9. Adopt a Resolution incorporating a project funded by SB1: The Road Repair and Accountability Act (Attachment K);

14.Approve a new Citywide policy to provide six weeks of Paid Parental leave at 100% of the employee’s salary effective July 1, 2022.

Summary
As presented to City Council on May 24, 2022, the FY 2022-23 Proposed Operating Budget and the FY 2022-24 Proposed Biennial Capital Improvement Program Budget is a balanced budget. The Budget comes as the City gradually recovers after a General Fund revenue loss of over $180 million over three years due to the impacts of the COVID-19 pandemic. The City, like the entire country, is experiencing significant cost increases resulting from high inflation, market disruptions from the war in Ukraine, and supply chain issues due to the COVID-19 pandemic.

Given the current level of economic uncertainty, the FY 2022-23 Operating Budget is focused on no-cost operational adjustments to improve service delivery for the community, required budget corrections, as well as incorporating previous Council

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direction to fund the Directed Action Response Team (DaRT), formerly known as the Pier Vending Task Force, for another year. The first year (FY 2022-23) of the FY 2022- 24 Proposed Biennial Capital Improvement Program (CIP) Budget makes strategic investments in maintaining and enhancing critical City infrastructure and City facilities essential to providing services. Funding for critical infrastructure protects the City’s existing capital investment and minimizes future maintenance and replacement costs.

This report presents information and requests actions necessary to adopt the FY 2022-23 Operating Budget and adopt the first year of the FY 2022-24 Biennial CIP Budget for the City of Santa Monica, the Santa Monica Housing Authority, and the Santa Monica Parking Authority. Staff also requests that Council approve the second year of the FY 2022-24 Biennial CIP Budget. Since the City Charter requires Council to adopt a budget annually, staff will submit the second year (FY 2023-24) of the CIP Budget to Council for formal adoption, with any necessary revisions, in June 2023.

The City released its FY 2022-24 Proposed Biennial CIP Budget and presented its FY 2022-23 Proposed Operating Budget Adjustments to Council at the May 24, 2022 Budget Study Session (Attachment N). At the Budget Study Session, Council asked staff detailed questions and heard extensive public testimony. After discussion, members of Council expressed support for the Proposed Budget but hoped that staff would be able to further shift resources to support sports field restoration and youth programming.

Staff has made some minor adjustments (final changes) to the FY 2022-23 Proposed Budget presented to Council on May 24, reflecting the new parklets program being presented to Council on June 28, 2022, one-time funding to the Santa Monica Malibu Unified School District (SMMUSD) to provide a new model supervised afterschool playtime program at all seven elementary schoolyards, and the appropriation of funds for new grant awards. The overall FY 2022-23 Proposed Budget as revised is $665.3 million, net of reimbursements and transfers. This is a difference of approximately $533,000 over what was presented in the initial proposed budget on May 24. Of this

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amount, approximately $464,000 is in the General Fund and $69,000 is in the Miscellaneous Grants Fund.

The report also provides information on the City’s plan to restore sports fields, per Council’s direction at the May 24 Study Session, as well as the updated balance of available Council Discretionary Funds, reflecting the 4th of July Parade allocation made by Council on May 24 (Item 13A).

Finally, this report includes actions necessary to revise certain fees and fines; establish parking rates; set the annual Gann appropriations limit; approve the allocation of SB-1 Gas Tax funding to eligible projects; accept a grant renewal from the U.S. Department of Housing and Urban Development (HUD) for the Continuum of Care Program, to help individuals move into supportive permanent housing; accept two grant awards from the U.S. Department of Justice (DOJ) for the purchase of bulletproof vests and to fund additional overtime operations for special details, mainly targeting analysis of crime patterns, that reduce crime and keep neighborhoods safe; modify the City’s agreement with West Coast Care Foundation for homeless outreach services; and approve a new policy to provide six weeks of Paid Parental Leave.

Discussion
The Citywide FY 2022-23 Proposed Budget presented for adoption has been revised from the budget first presented to the public on May 24, 2022 to reflect final changes based on new information received. The overall FY 2022-23 Proposed Budget as revised is $665.3 million, as summarized in the following table.

FY 2022-23
Proposed
Budget
(May 24)
FY 2022-23
Final
Changes
FY 2022-23
Proposed
Budget for
Adoption
Citywide Budget (in millions)* $664.8 $0.5 $665.3
Citywide FTE Permanent Positions 1,945.0 0.5 1,945.5
Citywide FTE As-needed Positions 79.8 0.0 79.8
Total FTEs** 2,024.8 0.5 2,025.3

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*Net of reimbursements and transfers between funds.
**FY 2022-23 Proposed Budget (May 24) positions reflect corrected distribution between Permanent and As-needed.

Final changes to Proposed Budget
Expenditures
The modifications to the Proposed Budget, known as final changes, increase the expenditure budget by approximately $533,000 in FY 2022-23. These changes are no-cost adjustments, as they are offset by revenues generated from the new parklets program presented to Council on June 28, one-time funds made available from a onetime increase in the use of consumer protection reserve funds to cover consumer protection-related expenditures in the City Attorney’s Office, and revenues from new grant awards.

The changes include appropriations in the General Fund of $64,000 for the addition of a

0.5 FTE Public Works Inspector position to provide inspection services for the new parklets program and $400,000 for a payment to the SMMUSD to provide a supervised afterschool playtime program at the district’s elementary schoolyards, as well as a $69,000 appropriation in the Miscellaneous Grants Fund reflecting two grant awards, the Learn to Swim Program grant and the Edward Byrne Memorial Justice grant, which were not included in the proposed budget presented to Council on May 24.

Revenues
The final changes to the FY 2022-23 revenues include an increase of approximately $242,000 in the General Fund for the new parklets program and approximately $69,000 in the Miscellaneous Grants Fund, reflecting the grant awards described above.

Staff recommends that Council adopt the final changes to the FY 2022-23 Proposed Budget. With these changes, the budget remains balanced. The changes are listed in Attachment D.

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Personnel Changes
In addition to the Full Time Equivalent (FTE) positions presented in the initial proposed budget on May 24, an additional change is being proposed, resulting in the addition of

0.5 FTE Public Works Inspector position related to the new parklets program. This change is included in Attachment I.

Also included in Attachments H and I are required adjustments to employee classifications, compensation and position adjustments, resulting from classification and compensation studies conducted by the Human Resources Department. Any budget impact associated with these adjustments was included in the proposed budget presented to Council on May 24.

Budget Resolutions
Adopting the resolutions in Attachments A, B, and C would:
• Adopt the FY 2022-23 budget revenues at the account level, with operating expenditure appropriations for the Salaries and Wages and Supplies and Expenses major expenditure categories within a fund for each department, and capital improvement program budget within a fund;
• Authorize staff to roll over appropriations for multi-year operating grants not completed at the end of the fiscal year, including federal recovery funding, unspent donations dedicated to programs, and funds for the encumbrances of goods and services ordered and contracted for by FY 2021-22 year-end but not delivered or provided until FY 2022-23;
• Authorize staff to roll over appropriations for Council discretionary and unexpended encumbrances of the FY 2021-22 Budget for the City’s General Fund; and,
• Authorize staff to roll over appropriations for the General Fund and all other NonGeneral Fund unencumbered balances and unexpended encumbrances for the FY 2021-22 CIP budget.

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Gann Appropriations Limit
In November 1979, California voters approved Proposition 4, which amended the State Constitution to require state and local governments to adopt an annual appropriation limit. This limit is commonly known as the “Gann Limit”. Under the Gann Limit, a maximum amount is established for annual tax-funded government services. That amount is to be adjusted each year depending on changes in state population, inflation and the transfer of financial responsibility for various government activities from one level of government to another. Any significant amount of state tax revenue received above that Gann Limit is to lead to future tax rebates or tax cuts. Every June, along with budget adoption, City Council adopts a resolution establishing the Gann appropriations limit for the City of Santa Monica.

The California Department of Finance is mandated to provide the requisite price and population change data for local jurisdictions to calculate their appropriations limit. The City may increase its limit annually in two ways: 1) by the percentage change from the preceding year in county or city population and 2) the percentage change in State per capita personal income or the change in non-residential new construction valuation.

The proposed Gann appropriations limit for FY 2022-23 is calculated as follows:

FY 2021-22 (current year) Gann Limit $ 2,535,966,926
Multiplied by Percentage Change in Per Capita Personal Income 1.0755 Multiplied by County of Los Angeles Population Growth 0.9929 Proposed FY 2022-23 Gann Limit $ 2,708,067,659
Appropriations Subject to Gann Limit 295,049,745
Net Under / (Over) Limit $ 2,413,017,914
Appropriations controlled by the Gann Appropriations Limit, primarily in the General Fund, are $2,413,017,914 below the limit. Examples of tax revenues governed by the Gann Appropriations Limit are: property taxes, sales tax, transaction and use tax, transient occupancy tax, utility tax, parking facility tax, and the business license tax.

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These revenues subject to the limit are reduced by any refunds, certain benefits payments, qualified capital projects, and court or federal mandates.

A resolution to establish the City’s FY 2022-23 Gann Appropriations Limit is included in Attachment J.

Fees/Fines/Rates
Master fee, fine, and parking rate resolutions are annually presented to Council as part of the budget adoption process.

The master fee resolution (Attachment E) contains user fees and rates charged by the City. Per previous Council actions, most City user fees will increase administratively by

3.1% on July 1, 2022, reflecting the FY 2022-23 increase in total City compensation (which includes salary, healthcare, retirement, and workers’ compensation costs) projected at the time of preparation of the Proposed FY 2022-23 Budget. Also included in the resolution are new fees and modifications to existing fees, as presented to Council during the May 24, 2022 budget study session, including a new parklet license fee, Fire Department fee changes reflecting the results of a departmental cost of services study, and revisions to certain Cemetery fees. Lastly, the resolution includes increases to the existing local taxi rates, which have been unchanged since 2011. A comparison of the existing and proposed local taxi rates to peer cities is detailed in Attachment Q.

Most of the fines included in the Master Fine resolution (Attachment F) have remained unchanged from the previous fiscal year with the following exceptions:
• The Fire Department annually revises certain fines to remain consistent with the California Fire Code. In addition, a new fine in the amount of $500 is proposed to deter the public from using or possessing combustible fuels on the Pier because of the risk they pose for the safety of the public and as prohibited by Chapter

3.36 of the Municipal Code.
• The Code Enforcement Division is recommending an increase to an existing fine from $75 to $250 for failure to comply with the administrative regulations for the

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Outdoors Pilot Program. The increase will provide a more accurate cost of the amount of staff time that is required to investigate complaints. The increase in the fine is permitted per Chapter 6.40 of the Municipal Code.

Finally, a comprehensive parking rates resolution (Attachment G) states all of the parking fees and rates and provides for Council to affirmatively approve them. All transient and monthly rates for on-street and off-street parking at City owned facilities are unchanged from their current levels. The resolution also provides for preferential parking permits to increase by 3.1%, reflecting the FY 2022-23 increase in total City compensation (which includes salary, healthcare, retirement, and workers’ compensation costs) projected at the time of preparation of the Proposed FY 2022-23 Budget, as well as minor adjustments to address operational needs and administrative language clean up items.

SB-1 Gas Tax Revenues
In April 2017, SB 1, formally known as the Road Repair and Accountability Act (RMRA) of 2017, was signed into law. SB1 establishes the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the state highway and local street and road systems. Current fund estimates provided by the League of California Cities indicate that the City of Santa Monica will be eligible to receive approximately $2.1 million in SB1 funding in FY 2022-23, in addition to the City’s existing annual gas tax revenues of approximately $2.7 Million. Staff recommends approving the attached resolution (Attachment K) identifying the use of FY 2022-23 SB1 estimated allocation of $2.1 million for the Annual Paving and Sidewalk Repair Program capital improvement project, which was already included in the FY 2022-24 Proposed CIP Budget that was presented to Council on May 24.

Acceptance of Grant Awards that Require Council Approval Acceptance of Federal Continuum of Care (CoC) Renewal Grants The Continuum of Care (CoC) Program is a federally-funded competitive grant program that provides a housing subsidy (supportive housing) to homeless, disabled households.

The U.S. Department of Housing and Urban Development (HUD) awarded a Continuum

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of Care (CoC) grant for FY 2022-23 in the amount of $4,447,586. Staff is requesting authorization to accept the grant funds from HUD to support the City’s Continuum of Care Program, which assists sheltered and unsheltered homeless people by providing the housing and/or services needed to help individuals move into supportive permanent housing, with the goal of long-term stability. The funding for this grant is in the Housing Authority Fund and was already included in the FY 2022-23 Proposed Budget that was presented to Council on May 24.
2021 Bulletproof Vest Partnership (BVP) Grant
The US Department of Justice, Bureau of Justice Assistance awarded the Santa Monica Police Department a two-year grant as part of the 2021 BVP grant program. This grant would reimburse SMPD for 50 percent of the cost of approximately 70 replacement bulletproof vests purchased under the program. Bulletproof vests are an important tool for keeping officers safe in the field. Bulletproof vests are on a five-year replacement cycle because of the degradation of the Kevlar from repetitive use. These funds will support the purchase of vests through 2023. The funding for this grant was already included in the FY 2022-23 Proposed Budget presented to Council on May 24.

Justice Assistance Grant (JAG) 2021
The JAG program is a formula grant that provides funding to support a range of program areas including law enforcement. Santa Monica has been an annual recipient of varying amounts of Justice Department grant funds for the past eleven years. The JAG 2021 amount is $54,255 and SMPD plans to leverage these funds mainly on additional overtime operations for special details, mainly targeting analysis of crime patterns, that reduce crime and keep neighborhoods safe, as well as the purchase of tasers for the department’s custody officers. Without the JAG funds, the opportunity to respond to unanticipated neighborhood crime and public safety concerns is reduced.

The appropriation of funds for this grant is included with final changes as detailed in Attachment D.

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Contract Modification
West Coast Care Foundation Contract
As part of the City’s response to homelessness, the City entered into a five-year agreement with West Coast Care Foundation in 2018 for homeless outreach services.

This agreement is set to expire on June 30, 2022. Due to the ongoing discussions on how to best address homelessness, staff recommends an extension of the agreement on a month-to-month basis, for a period not to exceed one-year. The extension allows for continued discussion and direction from City Council on the City’s overall direction on homelessness, assessment of the findings from the Moss Adams audit of homeless service delivery, an assessment of the collaboration with the Community Response Unit (CRU) and the Mental Health Therapeutic Van, and alignment of the request for homeless outreach services with the Human Services Grant Program Request for Proposals (RFP), which is scheduled for release in Fall 2022, with the next grant cycle beginning in FY 2023-24. The one-year extension is in the amount of $150,000, resulting in a six-year amended contract in an amount not to exceed $1,150,000. The modification would be funded from the Fire Department’s FY 2022-23 budget.

Paid Parental Leave
On February 8, 2022, the City Council requested that the City Manager provide to the City Council as part of the FY 2022-23 exception-based budget, information related to implementation of a paid parental leave policy for City staff that could take effect in FY 2022-23.

Following that meeting, staff met with the City Manager to discuss options and review current benefits. The City believes that this should be a top priority for the workforce and that the absence of such a policy is negatively impacting recruitment, retention, and employee morale.

Based on this feedback, the City Manager directed Human Resources staff to consult with other agencies and conduct a thorough search and review benchmark studies to evaluate parental leave options. Through these efforts, staff found that implementing this type of benefit in Santa Monica would be a positive factor in recruitment and

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retention in a tight labor market. The City’s efforts are aligned with growing efforts internally for diversity, equity and inclusion initiatives in addition to statewide and nationally for gender equity and family- supportive work cultures.

Staff recommends approval of a new Citywide policy to provide six weeks of Paid Parental Leave (PPL) at 100% of the employee’s salary effective July 1, 2022, for the birth, adoption, or foster placement of a child, regardless of the gender, marital status, or sexual orientation of the parent. PPL may be taken at any time during the twelvemonth period immediately following the birth, adoption, or placement of a child with the employee. An employee must have been with the City for 12 months to become eligible for the benefit.

The proposed policy can be supplemented with additional leaves as accrued by the employee and is competitive with similar benefits currently provided by other local government employers. Current federal and state laws provide job protection and the continuation of benefits for new parents to take up to 12 weeks for the birth, adoption, or foster placement of a child. Although these laws provide job protections and continued benefits, there is no requirement to provide pay for employees during their leave. This new policy supplements these state and federal leave entitlements with pay.

Potential Financial Impacts
Based on a review of recent leave certifications taken for the birth of a child and/or bonding and new child dependent benefits enrollments, it is anticipated that approximately 36 parental leaves may be taken on an annual basis.

The salaries and benefits for employees who take family leave are budgeted as part of an employee’s regular annual salary and work hours. The City may incur additional costs, not currently budgeted, if the leave results in the department being required to use overtime or hire a temporary employee to fill in for the employee on leave. These additional costs may be covered through vacancy or other savings. Staff will monitor the costs of this benefit and return in the future with any required budget adjustments.

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Supervised Afterschool Playtime
Prior to the pandemic, the City’s CREST program offered supervised, afterschool playtime at Santa Monica’s public elementary schoolyards. Many families relied on the program to ensure that their children were supervised until they could pick them up from school. During the pandemic budget restructuring of 2020, funding associated with the City’s supervised, afterschool playtime programming was eliminated. As schools reopened in 2021, families asked the City and SMMUSD to revive the previous program or create a new program to provide supervised playtime for their children. For Academic Year 2021-22, SMMUSD was able to find one-time funding to support a new model of supervised, afterschool playtime for one year. Unfortunately, SMMUSD was unable to find qualified staff to implement it. With Academic Year 2022-2023 on the horizon, families have again requested that supervised, afterschool playtime be provided at elementary schools.

Given SMMUSD’s challenges in hiring staff to provide such a program, SMMUSD has been in discussions with a local, non-profit youth organization to provide supervised, afterschool playtime at the elementary schools. Under the proposed program, afterschool supervision would be provided at all seven elementary schoolyards from school dismissal until 4:30 pm. Families would enroll in the program, reserve places for their children, and pay a modest fee, currently estimated at approximately $40 per month, in order to provide accountability to help ensure that staffing and attendance correlate. However, the proposed fee would cover only a portion of the costs to operate the program. As a result, staff recommends that $400,000 of one-time funds be allocated to SMMUSD to fill the gap associated with implementing SMMUSD’s new model of supervised, afterschool playtime for one year. This program would be funded using one-time funds made available from a one-time increased use of consumer protection reserve funds to cover consumer protection-related expenditures in the City Attorney’s Office. In order to continue to offer gap funding for future academic years, new revenue will be necessary.

Restoration of Sports Fields

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Staff has identified one-time savings within Public Works’ budget that can adequately fund the restoration of sports fields for FY 2022-23. The funding of approximately $145,000 will provide Public Landscape staff with the capacity to perform full field restorations and maintenance work throughout the year. These activities include:
• Turf aeration
• Reseeding
• Addressing soil compaction and leveling
• Infield clay replacement and conditioning
• Fertilization
For FY 2022-23, field restorations would allow for the removal of the fencing at Clover Park’s main field in the spring of 2023 (field restorations occur in the winter when organized sports are off-season), and would also include full field restoration of Memorial Park’s main field, Clover Park’s extension field and the Los Amigos Park’s field. Additionally, these funds will allow for an increased level of service throughout the year for all sports fields, preserving their condition and high level of playability. New revenue will be necessary to continue to fund this service in future budget cycles.

Hybrid Public Meetings
At the May 24th City Council meeting, staff presented options for implementing hybrid public meetings with a call-in option. Based on the discussion, staff came back at the June 21st meeting with a proposal to start hybrid meetings at the first regular meeting in September. However, due to limited resources, staff will not be able to adequately support hybrid meetings at this time. Staff will revisit this issue as part of the mid-year budget review in February 2023 and consider options to fund the necessary facility upgrades and staffing needs to fulfill the request for hybrid meetings.

Council Discretionary Funds Updated Balance
As discussed at the May 24, 2022 Budget Study Session, Council allocates discretionary funds to assist the community in special projects or support important but otherwise unfunded priorities. Projects and programs supported by Council

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discretionary funds for the past three years, as well as funds allocated this fiscal year (FY 2021-22), including the 4th of July Parade allocation made by Council on May 24 (Item 13A) are detailed in Attachment P.

The balance of unprogrammed FY 2021-22 discretionary funds, which will be rolled over to FY 2022-23 is $67,959. For FY 2022-23, Council will be allocated $122,696 in discretionary funds. In total, Council has access to $190,655 in discretionary funds for FY 2022-23, which can be programmed at Council’s direction at any time. At the May 24 Budget Study Session, certain Councilmembers proposed that allocations be made as follows:
• Los Amigos Park Scoreboard - $5,000
• Santa Monica High School Bilingual Program Graduation - $3,000 • Westside Coalition for Martin Luther King Jr. Celebration - $10,000 In order for the allocations to be made, Council action on these and any other allocations is necessary as part of budget adoption.

Past Council Actions
Meeting Date Description
06/22/21
(Attachment L)
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 02/08/22
(Attachment M)
Adoption of the FY 2021-22 midyear revenue and expenditure budget adjustments and approval of the corresponding
adjustments to the FY 2022-23 budget plan
05/24/22
(Attachment N)
Budget study session to review the Proposed FY 2022-23 Budget Financial Impacts and Budget Actions
The FY 2022-23 Citywide Budget as revised, including operating and capital budgets, is $665.3 million, net of reimbursements and transfers, as described below:
• Operating Budget:

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o FY 2022-23: Citywide operating budget is $576.9 million, net of reimbursements and transfers.
▪ General Fund: $379.9 million, net of reimbursement and transfers ▪ All Other Funds: $197.0 million, net of reimbursement and transfers o FTEs: Citywide total 1,945.5 permanent FTEs and 79.8 as-needed FTEs. ▪ General Fund: 1,217.8 FTEs permanent positions and 68.3 asneeded FTE positions. ▪ All Other Funds: 727.7 FTE permanent positions and 11.5 asneeded FTE positions. • Capital Improvement Program (CIP) Budget:
o FY 2022-23 Proposed CIP Budget is approximately $88.4 million ($13.8 million in the General Fund), net of reimbursements and transfers. o FY 2023-24 Proposed CIP Budget is approximately $96.1 million ($13.1 million in the General Fund), net of reimbursements and transfers. • Revenues: Citywide total budget of $749.6 million.
o General Fund: $403.4 million
o All Other Funds: $346.2 million
Adoption of the Proposed Budget as amended by Attachment D would formally adopt the FY 2022-23 Operating and CIP budget and approve the second year of the City’s FY 2022-24 Capital Improvement Program Budget.

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

A. Budget Resolution (City Council)
B. Budget Resolution (Housing Authority)
C. Budget Resolution (Parking Authority)
D. Final Changes Budget Adjustments FY 2022-23
E. Master Fees Resolution
F. Master Fines Resolution
G. Parking Rates Resolution
H. Salary Resolution
I. Position and Classification Changes
J. Gann Appropriations Limit Resolution
K. SB1 Road Repair and Accountability Act Resolution FY 2022-23 L. June 22, 2021 Staff Report (Adoption of FY 2021-23 Biennial Budget and FY 2021-22 Capital Improvement Program Budget) - Web Link
M. February 8, 2022 Staff Report (Financial Status Update, FY 2021-22 Midyear Budget and Adoption of Resolutions) - Web Link
N. May 24, 2022 Staff Report (Financial Status Update, FY 2022-23 Proposed Budget, and FY 2022-24 Biennial Capital Improvement Program Budget) - Web Link
O. West Coast Care Agreement and Modifications
P. Council Discretionary Funds
Q. Taxi Rates
R. Public Comment
S. Written Comments
T. PowerPoint Presentation

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ATTACHMENT A
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NO. (CCS)
(CITY COUNCIL SERIES)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING ITS BUDGET FOR THE FISCAL YEAR 2022-23 AND APPROVING ITS CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2023-24

WHEREAS, the proposed Operating Budget for the Fiscal Year 2022-23, and the proposed Biennial Capital Improvement Program Budget for Fiscal Years 2022-23 and 2023-24 were submitted to the City Council of the City of Santa Monica (the “City Council”) not less than thirty-five (35) days prior to July 1, 2022; and WHEREAS, the City Council held a public hearing on said Budget after a notice of the budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after the public hearing, the City Council considered further its proposed Budget; and
WHEREAS, on May 5, 2020, in light of the ongoing COVID-19 pandemic, and in accordance with the City’s fiscal policies, the City Council authorized suspending the FY 2020-21 and FY 2021-22 pension fund paydown payments and extending the pension fund paydown from a 13-year to a 15-year schedule.

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Packet Pg. 430 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24

ATTACHMENT A
2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS:

SECTION 1. The Fiscal Year (FY) 2022-23 Operating Budget, as submitted by the City Manager and revised by the City Council, included as the document entitled “City of Santa Monica FY 2022-23 Proposed Budget” (the “FY 2022-23 Budget”), as amended by Attachment D to the accompanying staff report, is hereby adopted. The FY 2022-23 Capital Improvement Program Budget, as submitted by the City Manager and revised by the City Council, included in the document entitled “FY 2022-24 Capital Improvement Program Proposed Biennial Budget” (the “FY 2022-24 CIP Budget”), as amended by Attachment D, is hereby adopted. The FY 2023-24 Capital Improvement Program Budget, as submitted by the City Manager and revised by the City Council, included in the FY 2022-24 CIP Budget, as amended by Attachment D, is hereby approved.

In adopting the FY 2022-23 Operating Budget and FY 2022-23 Capital Improvement Program Budget, the City Council intends to, and by this Section does, adopt and approve the total operating appropriation for each departmental and non-departmental operating budget, consisting of Salaries and Wages, Supplies and Expenses major expenditure categories, each project of the Capital Improvement Program Budget, and the revenue detail. The City Manager is authorized to allot by Department and fund as appropriated. A list of the changes to the proposed Operating Budget for FY 2022-23, and proposed Biennial Capital Improvement Program Budget for FY 2022-23 and FY 2023-24 are attached to the staff report as Attachment D.

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Packet Pg. 431 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24

ATTACHMENT A
3 SECTION 2. In adopting the FY 2022-23 Operating Budget, the City Council hereby re-appropriates the General Fund and all other Non-General Fund unexpended encumbrances of the FY 2021-22 Budget. In adopting the FY 2022-23 Capital Improvement Program Budget, the City Council hereby re-appropriates the General Fund and all other Non-General Fund unencumbered balances and unexpended encumbrances of the FY 2021-22 Capital Improvement Program Budget.

SECTION 3. In adopting the FY 2022-23 Budget, the City Council hereby re-appropriates year-end remaining funds for multi-year operating grants and donations dedicated to programs, including federal recovery funding, and funds for the encumbrances of goods and services ordered in FY 2021-22 but not received or provided until FY 2022-23 for the City’s General Fund and proprietary funds (enterprise and internal service).

SECTION 4. In adopting the FY 2022-23 Budget, the City Council hereby re-appropriates strategic goal, Council discretionary and expenditure control unencumbered balances and unexpended encumbrances of the FY 2021-22 Budget for the City’s General Fund.

SECTION 5. In adopting the FY 2022-23 Budget, the City Council reaffirms the Operating Budget Policies set forth in the City’s fiscal policies included in the FY 2021-23 Budget document.

SECTION 6. The budgets of the Housing Authority and the Parking Authority have been reviewed by the City Council and are hereby approved and adopted.

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Packet Pg. 432 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24

ATTACHMENT A
4 SECTION 7. A copy of the Los Angeles County Third Supervisorial District Consolidated Oversight Board resolution approving the Successor Agency’s Administrative Budget for FY 2022-23, as adopted in January 2022, is attached hereto as Exhibit 1.

SECTION 8. A certified copy of the FY 2022-23 Budget and amendments shall be filed with the Director of Finance and with the City Clerk, and certified copies of the FY 2022-23 Budget shall be reproduced and made available for use as directed by Santa Monica City Charter section 1505.

SECTION 9. 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:
_______________________
DOUGLAS T. SLOAN
City Attorney
Exhibit 1 Successor Agency Budget for Fiscal Year 2022-23

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Packet Pg. 433 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 RESOLUTION NO. 53

RESOLUTION OF THE LOS ANGELES COUNTY THIRD SUPERVISORIAL DISTRICT

CONSOLIDATED OVERSIGHT BOARD APPROVING AND ADOPTING THE

ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY TO THE CITY OF SANTA MONICA FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Santa Monica was dissolved as of February 1, 2012, and the City of Santa Monica elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Santa Monica (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; and
WHEREAS, the Third Supervisorial District Consolidated Oversight Board ("Third District Consolidated Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Santa Monica; and
WHEREAS, the Third District Consolidated Oversight Board held a regular meeting on January 11, 2022; and
WHEREAS, Section 34177(j) of the Health and Safety Code, provides that the Successor Agency shall prepare an administrative budget (“Administrative Budget”) and submit it to the Oversight Board of the Successor Agency for its approval; and
WHEREAS, the Administrative Budget shall include the following:

ATTACHMENT A
EXHIBIT 1

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Packet Pg. 434 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 (1) Estimated amounts for successor agency administrative costs for the upcoming annual fiscal period;
(2) Proposed sources of payment for the costs identified in subparagraph (1); (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity; and
WHEREAS, on February 2, 2012, the Successor Agency approved a Reimbursement Agreement by and between the City of Santa Monica and Successor Agency, Contract No. 9549 (CCS/RAS/SA), in accordance with Section 34171(d)(1)(F) of the California Health and Safety Code; and
WHEREAS, Section 34177(k) of the California Health and Safety Code requires the Successor Agency to provide administrative cost estimates, from its approved Administrative Budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Los Angeles County Auditor-Controller for each six-month fiscal period; and WHEREAS, under Title 14 of the California Code of Regulations, Section 15061(b)(3), the approval of the Administrative Budget is exempt from the requirements of the California Environmental Quality Act (“CEQA”), in that it is not a project as the adoption of the Administrative Budget will not have the potential of causing a significant environmental effect and it can be seen with certainty that there is no possibility that the adoption of the Administrative Budget will have any significant effect on the environment; and
WHEREAS, the Third District Consolidated Oversight Board has reviewed and duly considered the Administrative Budget for the period July 2022 – June 2023, inclusive, attached as Exhibit 1, and other written evidence presented at the meeting.

ATTACHMENT A
EXHIBIT 1

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Packet Pg. 435 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24

NOW THEREFORE, THE LOS ANGELES COUNTY THIRD SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD DOES HEREBY RESOLVE AND FIND AS FOLLOWS:

SECTION 1. The Third District Consolidated Oversight Board hereby finds and determines that the foregoing recitals are true and correct.

SECTION 2. The Third District Consolidated Oversight Board hereby approves and adopts the Administrative Budget for the period July 2022 – June 2023, inclusive, attached hereto as Exhibit

1. SECTION 3. The Third District Consolidated Oversight Board authorizes the Successor Agency to:
(1) Provide an administrative cost estimate to the County Auditor-Controller for the period July 2022 – June 2023, inclusive, based upon the approved Administrative Budget; and
(2) Submit the Administrative Budget to the Department of Finance; and (3) Take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution and to implement the Administrative Budget on behalf of the Successor Agency.

ATTACHMENT A
EXHIBIT 1

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Packet Pg. 436 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24

ATTACHMENT A
EXHIBIT 1

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Packet Pg. 437 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Budget) Exhibit 1
Successor Agency Administrative Budget
Department/Responsibilities Budget
Community
Development
Oversees Successor Agency, prepares ROPS, PPA and acts as liaison to the Consolidated Oversight Board, Department of Finance, and County Auditor‐Controller. Works with Finance to facilitate payments of enforceable obligations and maintain records of Successor Agency.
$   80,000
Finance Department Processes Successor Agency payments for enforceable obligations, records accounting, oversees financial audit.
$   60,000
City Attorney's Office Legal review of all Successor Agency actions, staff reports, resolutions, and reporting obligations. Attends Successor Agency and Oversight Board meetings.
$   7,000
Records and Elections
Services Department
Facilitates Successor Agency meetings, agendas, and minutes. $   6,000 Staffing Budget $   153,000
Supplies and Expenses
Financial Consulting Services $   8,000
Audit Services $   9,000
Insurance $   9,000
Computer Equipment/Software $   5,000
Office Supplies $   2,000
Supplies and Expenses Budget $   33,000
Total Budget $   186,000

ATTACHMENT A
EXHIBIT 1

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Packet Pg. 438 Attachment: Budget Resolution (City Council) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24

ATTACHMENT B
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NO. _____ (HAS)
(HOUSING AUTHORITY SERIES)

A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING ITS BUDGET FOR THE FISCAL YEAR 2022-23 AND APPROVING ITS CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2023-24 WHEREAS, the proposed Operating Budget for the Fiscal Year 2022-23, and the proposed Biennial Capital Improvement Program Budget for Fiscal Years 2022-23 and 2023-24 were submitted to the Housing Authority of the City of Santa Monica (the “Housing Authority”) not less than thirty-five (35) days prior to July 1, 2022; and WHEREAS, the Housing Authority held a public hearing on said Budget after a notice of said budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after said public hearing, the Housing Authority considered further its proposed Budget; and
WHEREAS, on May 5, 2020, in light of the ongoing COVID-19 pandemic, and in accordance with the City’s fiscal policies, the Housing Authority authorized suspending the FY 2020-21 and FY 2021-22 pension fund paydown payments and extending the pension fund paydown from a 13-year to a 15-year schedule.

NOW THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS:

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Packet Pg. 439 Attachment: Budget Resolution (Housing Authority) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of

ATTACHMENT B
2 SECTION 1. The Fiscal Year (FY) 2022-23 Operating Budget, as submitted by the Executive Director and revised by the Housing Authority, included as the document entitled “City of Santa Monica FY 2022-23 Proposed Budget” (the “FY 2022-23 Budget”), as amended by Attachment D to the accompanying staff report, is hereby adopted. The FY 2022-23 Capital Improvement Program Budget, as submitted by the Executive Director and revised by the Housing Authority, included in the document entitled “FY 2022-24 Capital Improvement Program Proposed Biennial Budget” (the “FY 2022-24 CIP Budget”), as amended by Attachment D, is hereby adopted. The FY 2023-24 Capital Improvement Budget, as submitted by the Executive Director and revised by the Housing Authority, included in the FY 2022-24 CIP Budget, as amended by Attachment D, is hereby approved.

In adopting the FY 2022-23 Operating Budget and FY 2022-23 Capital Improvement Program Budget, the Housing Authority intends to, and by this Section does, adopt and approve the total operating appropriation for each departmental and nondepartmental operating budget, consisting of Salaries and Wages, Supplies and Expenses major expenditure categories, each project of the Capital Improvement Program Budget, and the revenue detail. The Executive Director is authorized to allot by Department and fund as appropriated. A list of the changes to the proposed Operating Budget for FY 2022-23, and proposed Biennial Capital Improvement Program Budget for FY 2022-24 are attached to the staff report as Attachment D.

SECTION 2. A certified copy of the FY 2022-23 Budget and amendments shall be filed with the Director of Finance and with the Secretary, and certified copies of the

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Packet Pg. 440 Attachment: Budget Resolution (Housing Authority) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of

ATTACHMENT B
3 FY 2022-23 Budget shall be reproduced and made available for use as directed by Santa Monica City Charter section 1505.

SECTION 3. In adopting the FY 2022-23 Budget, the Housing Authority re-appropriates the General Fund and all other Non-General Fund unexpended encumbrances of the FY 2021-22 Budget.

SECTION 4. In adopting the FY 2022-23 Budget, the Housing Authority hereby reaffirms Operating Budget Policies set forth in the City’s fiscal policies included in the FY 2021-23 Budget.

SECTION 5. The Secretary 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:
_______________________
DOUGLAS T. SLOAN
General Counsel to Housing Authority

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Packet Pg. 441 Attachment: Budget Resolution (Housing Authority) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of

ATTACHMENT C
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NO. _____ (PAS)
(PARKING AUTHORITY SERIES)

A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA ADOPTING ITS BUDGET FOR THE FISCAL YEAR 2022-23 AND APPROVING ITS CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2023-24 WHEREAS, the proposed Operating Budget for the Fiscal Year 2022-23, and the proposed Biennial Capital Improvement Program Budget for Fiscal Years 2022-23 and 2023-24 were submitted to the Parking Authority of the City of Santa Monica (the “Parking Authority”) not less than thirty-five (35) days prior to July 1, 2022; and WHEREAS, the Parking Authority held a public hearing on said Budget after a notice of said Budget hearing was published not less than ten (10) days prior thereto; and WHEREAS, after said public hearing, the Parking Authority considered further its proposed budget.

WHEREAS, on May 5, 2020, in light of the ongoing COVID-19 pandemic, and in accordance with the City’s fiscal policies, the Parking Authority authorized suspending the FY 2020-21 and FY 2021-22 pension fund paydown payments and extending the pension fund paydown from a 13-year to a 15-year schedule

NOW THEREFORE, THE PARKING AUTHORITY OF THE CITY OF SANTA MONICA RESOLVES AS FOLLOWS:

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Packet Pg. 442 Attachment: Budget Resolution (Parking Authority) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of

ATTACHMENT C
2 SECTION 1. The Fiscal Year (FY) 2022-23 Operating Budget, as submitted by the Executive Director and revised by the Parking Authority, included as the document entitled “City of Santa Monica FY 2022-23 Proposed Budget” (the “FY 2022-23 Budget”), as amended by Attachment D to the accompanying staff report, is hereby adopted. The FY 2022-23 Capital Improvement Program Budget, as submitted by the Executive Director and revised by the Parking Authority, included in the document entitled “FY 2022- 24 Capital Improvement Program Proposed Biennial Budget” (“FY 2022-24 CIP Budget”), as amended by Attachment D, is hereby adopted. The FY 2023-24 Capital Improvement Program Budget, as submitted by the Executive Director and revised by the Housing Authority, included in the FY 2022-24 CIP Budget, as amended by Attachment D, is hereby approved.

In adopting the FY 2022-23 Operating Budget and FY 2022-23 Capital Improvement Program Budget, the Parking Authority intends to, and by this Section does, adopt and approve the total operating appropriation for each departmental and nondepartmental operating budget, consisting of Salaries and Wages, Supplies and Expenses major expenditure categories, each project of the Capital Improvement Program Budget, and the revenue detail. The Executive Director is authorized to allot by Department and fund as appropriated. A list of the changes to the proposed Operating Budget for FY 2022-23, and proposed Biennial Capital Improvement Program Budget for FY 2022-24 are attached to the staff report as Attachment D.

SECTION 2. A certified copy of the FY 2022-23 Budget and amendments shall be filed with the Director of Finance and with the Secretary, and certified copies of the

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Packet Pg. 443 Attachment: Budget Resolution (Parking Authority) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of

ATTACHMENT C
3 FY 2022-23 Budget shall be reproduced and made available for use as directed by Santa Monica City Charter section 1505.

SECTION 3. In adopting the FY 2022-23 Budget, the Parking Authority re-appropriates the General Fund and all other Non-General Fund unexpended encumbrances of the FY 2021-22 Budget.

SECTION 4. In adopting the FY 2022-23 Budget, the Parking Authority hereby reaffirms the Operating Budget Policies set forth in the City’s fiscal policies included in the FY 2021-23 Budget.

SECTION 5. The Secretary 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:
_______________________
DOUGLAS T. SLOAN
General Counsel to the Parking Authority

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Packet Pg. 444 Attachment: Budget Resolution (Parking Authority) [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of

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

COMMUNITY

DEVELOPMENT
A Adjustment reflects revenue generated from the new parklets program adopted by Council on June 14. The revenue will offset the cost of adding

0.5 FTE Public Works Inspector to provide inspection services for the program. $ 232,000
TOTAL COMMUNITY DEVELOPMENT REVENUE ADJUSTMENTS $ 232,000 PUBLIC WORKS A Adjustment reflects revenue generated from the new parklets program adopted by Council on June 14. The revenue will offset the cost of adding

0.5 FTE Public Works Inspector to provide inspection services for the program. $ 9,600
TOTAL PUBLIC WORKS REVENUE ADJUSTMENTS $ 9,600
$ 241,600
MISCELLANEOUS GRANTS FUND (20)
COMMUNITY SERVICES B Adjustment reflects grant revenue from the LA84 Foundation, a nonprofit institution created by the Los Angeles Olympic Organizing Committee to manage Southern California's endowment from the 1984 Olympic Games, to expand the Learn to Swim Program. $ 14,765
POLICE C Adjustment reflects grant revenue from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) for implementation of the JAG 2021 Project "Overtime Operations and Equipment to Keep Neighborhoods Safe". $ 54,255
$ 69,020
TOTAL NON-GENERAL FUND REVENUE ADJUSTMENTS $ 69,020
GRAND TOTAL - ALL FUND REVENUE ADJUSTMENTS $ 310,620

EXPENDITURE BUDGET ADJUSTMENTS
GENERAL FUND (01)
PUBLIC WORKS A Adjustment reflects the addition of 0.5 FTE Public Works Inspector position to provide inspection services for the new parklets program adopted by Council on June 14. The costs will be offset by revenues from the program. $ 63,985 TOTAL PUBLIC WORKS EXPENDITURE ADJUSTMENTS $ 63,985
NON-DEPARTMENTAL D Adjustment reflects funding for a memorandum of understanding with the Santa Monica-Malibu Unified School District (SMMUSD) to provide supervised afterschool playtime at SMMUSD’s elementary schoolyards for one year. This program will be funded using one-time funds made available from a one-time increase of consumer protection reserve funds to cover consumer protection-related expenditures in the City Attorney’s Office. $ 400,000 TOTAL NON-DEPARTMENTAL EXPENDITURE ADJUSTMENTS $ 400,000 TOTAL GENERAL FUND EXPENDITURE ADJUSTMENTS $ 463,985
DETAIL OF REVISIONS (FINAL CHANGES) TO PROPOSED FY 2022-23 BUDGET

REVENUE BUDGET ADJUSTMENTS

TOTAL MISCELLANEOUS GRANTS FUND REVENUE ADJUSTMENTS

TOTAL GENERAL FUND REVENUE ADJUSTMENTS

NON-GENERAL FUNDS
Change ID # assists in identifying multiple connected entries.

June 28, 2022 D-1

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Packet Pg. 445 Attachment: Final Changes Budget Adjustments FY 2022-23 [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and

ATTACHMENT D
Fund/Department
Change
ID #
Description
FY 2022-23
Increase /
(Decrease)
DETAIL OF REVISIONS (FINAL CHANGES) TO PROPOSED FY 2022-23 BUDGET Change ID # assists in identifying multiple connected entries.

GENERAL FUND - EXPENDITURE OFFSETS
Use of Reserves D Adjustment reflects one-time use of consumer protection reserve funds to cover consumer protection-related expenditures in the City Attorney's Office. $ (400,000)
$ (400,000)
$ 63,985

NON-GENERAL FUNDS
MISCELLANEOUS GRANTS (20) FUND
Community Services B Adjustment reflects the use of the grant funds from the LA84 Foundation to expand the Learn to Swim Program. $ 14,765
Police C Adjustment reflects the use of the grant funds from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) for implementation of the JAG 2021 Project "Overtime Operations and Equipment to Keep Neighborhoods Safe". $ 54,255
TOTAL MISCELLANEOUS GRANTS FUND EXPENDITURE ADJUSTMENTS $ 69,020 $ 69,020
$ 69,020
TOTAL GENERAL FUND REVENUE ADJUSTMENTS $ 241,600
TOTAL NON-GENERAL FUND REVENUE ADJUSTMENTS $ 69,020
GRAND TOTAL ALL FUNDS REVENUE ADJUSTMENTS $ 310,620
GENERAL FUND OPERATING EXPENDITURE ADJUSTMENTS $ 463,985 TOTAL GENERAL FUND EXPENDITURE ADJUSTMENTS $ 463,985
NON-GENERAL FUND OPERATING EXPENDITURE ADJUSTMENTS $ 69,020 TOTAL NON-GENERAL FUND EXPENDITURE ADJUSTMENTS $ 69,020 GRAND TOTAL ALL FUNDS EXPENDITURE ADJUSTMENTS $ 533,005 TOTAL GENERAL FUND - EXPENDITURE OFFSETS $ (400,000)
$ (400,000)
NET GENERAL FUND EXPENDITURE ADJUSTMENTS $ 63,985
$ 69,020
$ 133,005

NET GENERAL FUND EXPENDITURE ADJUSTMENTS

TOTAL GENERAL FUND EXPENDITURE OFFSETS)

SUMMARY - REVENUE BUDGET ADJUSTMENTS

SUMMARY - EXPENDITURE BUDGET ADJUSTMENTS

TOTAL NON-GENERAL FUND EXPENDITURE ADJUSTMENTS

NET NON-GENERAL FUND EXPENDITURE ADJUSTMENTS
GRAND TOTAL FY 2021-23 ALL FUNDS EXPENDITURE ADJUSTMENTS, NET OF OFFSETS

NET NON-GENERAL FUND EXPENDITURE ADJUSTMENTS
GRAND TOTAL FY 2021-23 ALL FUNDS - EXPENDITURE OFFSETS
June 28, 2022 D-2

12.A.d
Packet Pg. 446 Attachment: Final Changes Budget Adjustments FY 2022-23 [Revision 1] (4755 : Adoption of FY2022-23 Operating and CIP Budget and

ATTACHMENT E
1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION NO. (CCS)
(CITY COUNCIL SERIES)

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

REVISING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH AND

REVISE CERTAIN PERMIT AND USER FEES AND CHARGES IN THE COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES DEPARTMENTS; DEPARTMENT OF TRANSPORTATION; FINANCE, FIRE, LIBRARY, PUBLIC WORKS, AND POLICE DEPARTMENTS; AND RECORDS AND ELECTIONS SERVICES
WHEREAS, it is the City of Santa Monica’s (“City”) general policy to charge for the full costs of services provided by City staff (“City’s Cost Recovery Policy”) when such services benefit individual users, rather than members of the community as a whole; and WHEREAS, notwithstanding the City’s Cost Recovery Policy, the City has discounted certain recreational services and other opportunities to individuals to promote equity, inclusion, and other community benefits; and WHEREAS, the Santa Monica Municipal Code authorizes the City to establish by resolution charges for commercial and other uses of public property; and WHEREAS, the City further makes various recreational facilities, fields, courts, parking lots, swimming pools, rooms, auditoriums, and patios, and other locations available for recreational activities and events pursuant to City guidelines; and WHEREAS, it is the City’s policy to establish user charges for those locations so as to promote use of its limited facilities by this community and by groups working to promote this community’s welfare; and

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Packet Pg. 447 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
2 WHEREAS, the City maintains a Master User Fee Schedule to allow the public to more easily gather information about such fees; and
WHEREAS, in 2020 the City hired MGT Consulting to complete a comprehensive cost recovery study of over 800 existing user fees and other charges; and WHEREAS, MGT Consulting, with input from City staff, prepared a fee study report entitled City of Santa Monica Cost Recovery Study - Summary of Findings (the “2021 Fee Study Report”), which analyzed the costs of providing various services, estimated current cost recovery levels, and recommended adjustments to existing fees, including phased increases for certain fees over several years; and
WHEREAS, the 2021 Fee Study Report did not analyze the Fire Department fees due to pending staff changes; and
WHEREAS, in 2022, MGT Consulting performed a fee study for the Fire Department, which analyzed the Fire Department’s costs of providing various services, estimated current cost recovery levels, recommended adjustments to existing fees, proposed deletion of redundant fees, and proposed 14 new fees for services (collectively, the “Revised Fire Department Fees”) consistent with the City’s Cost Recovery Policy; and WHEREAS, during a May 24, 2022 Budget Study Session, City staff presented the City Council with information relating to the Revised Fire Department Fees, as summarized in Appendix 1; and
WHEREAS, the Cemetery provides certain services, items, and burial options that can be established at market rates; and
WHEREAS, during the May 24, 2022 Budget Study Session, City staff also provided the City Council with information relating to proposed changes to the Cemetery

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Packet Pg. 448 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
3 Division fees, including establishing new Cemetery fees to recover the costs for new services being provided at the Cemetery, including marker installation and removal, extended refrigeration, and use of Cemetery chapels (the “Revised Cemetery Fees”), as summarized in Appendix 2; and
WHERAS, the information in Appendix 1 relating to the Revised Fire Department Fees and the information in Appendix 2 relating to the Revised Cemetery Fees were made publicly available in connection with the May 24, 2022 Budget Study Session; and WHEREAS, the City Council considered the proposed Revised Fire Department Fees and the Revised Cemetery Fees at the May 24, 2022 Budget Study Session; and WHEREAS, the Master User Fee Schedule was most recently revised on October 26, 2021 (the “2021 Master User Fee Schedule”), when the City Council adopted Resolution Number 11380 (CCS) (“Resolution 11380”); and WHEREAS, Resolution 11380 authorized an annual administrative increase of certain user fees effective July 1, 2022; and
WHEREAS, Santa Monica Municipal Code section 6.49.090 authorizes the City Council to set the maximum rates that taxicab franchisees may charge their customers; and
WHEREAS, the maximum taxicab rates have not changed since 2011; and WHEREAS, the sole taxi franchisee currently in operation has requested that the maximum taxicab rates be raised to maintain its economic viability; and WHEREAS, the City of Santa Monica may provide aquatic staffing at the Santa Monica Swim Center, the Annenberg Community Beach House, and the Santa Monica

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Packet Pg. 449 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
4 High School Swimming Pool; and
WHEREAS, the City will be discontinuing certain programming at the Miles Memorial Playhouse, 1450 Ocean; and the Beach House; and WHEREAS, the City Council desires to modify the 2021 Master User Fee Schedule to incorporate the Revised Fire Department Fees, to incorporate the Revised Cemetery Fees, to implement phased fee increases for certain fees as recommended by the 2021 Fee Study Report (highlighted in green), to increase the maximum rates that taxicab franchisees may charge, to clarify that certain fees that will not be subject to an annual administrative increase (highlighted in blue), and to delete certain fees that are not currently charged; and
WHEREAS, the City Council desires to make minor revisions, including revising fee descriptions to provide additional detail about the type of services provided and other clarifications, miscellaneous corrections, and administrative changes (highlighted in orange) as necessary; and
WHEREAS, the changes to the 2021 Master User Fee Schedule made by this Resolution are highlighted in the exhibits hereto and collectively consolidated with the existing fees as reflected in Appendix 3 (the “2022 Master User Fee Schedule”).

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

SECTION 1. The fees for the City Planning Division, are hereby established as set forth in Exhibit A: Community Development - City Planning Division.

SECTION 2. The fees for the Building and Safety Division, including the removal

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Packet Pg. 450 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
5 of a waiver for permit and plan review fees for landmarked properties and historic districts, are hereby established as set forth in Exhibit B: Community Development - Building and Safety.

SECTION 3. The fees for the Civil Engineering Division are hereby established as set forth in Exhibit E1 - Public Works: Civil Engineering.

SECTION 4. The fees for the Resource Recovery and Recycling Division are hereby established as set forth in Exhibit E3 - Public Works: Resource Recovery and Recycling.

SECTION 5. The fees for the Police Department are hereby established as set forth in Exhibit H1- Police.

SECTION 6. The Revised Fire Department Fees are hereby established as set forth in Exhibit I - Fire.

SECTION 7. The fees for Records and Election Services are hereby established as set forth in Exhibit J - Records and Election Services.

SECTION 8. Certain miscellaneous fees, including the continued suspension of the tobacco retailer permit fees, are hereby established as set forth in Exhibit K:

Miscellaneous.

SECTION 9. The fees for the Office of Sustainability and the Environment are hereby established as set forth in Exhibit L – Public Works: Office of Sustainability and the Environment.

SECTION 10. The fees for Department of Transportation: Taxis are hereby established as set forth in Exhibit M – Department of Transportation: Taxis.

SECTION 11. The fees for Department of Transportation: Pedicabs are hereby established as set forth in Exhibit N – Department of Transportation: Pedicabs.

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Packet Pg. 451 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
6 SECTION 12. The fees for Community Services Programs are hereby established as set forth in Exhibit O – Community Services Program Fees.

SECTION 13. The charges for rentals, locations, hours of operations, and available programs relating to certain City facilities are hereby established as set forth in Exhibit P1 – Park Building Rental Charges, Exhibit P5 – Santa Monica Swim Center – Rental Charges, Exhibit P7 – Facility User Categories, and Exhibit Q – Beach House.

SECTION 14. The fees for the Library Division are hereby established as set forth in Exhibit T- Library.

SECTION 15. The fees for the Cemetery Division, including the Revised Cemetery Fees are hereby established as set forth in Exhibit V – Public Works: Cemetery.

SECTION 16. Commencing on July 1, 2022 and on July 1 of each fiscal year thereafter, all fees reflected in the 2022 Master User Fee Schedule (Appendix 3), as set forth in this Resolution, and unless noted otherwise, shall be administratively revised and increased annually by a factor equal to the net change in City salaries and benefits costs for that fiscal year. Such net change is measured by comparing the total budgeted City salary and benefit costs for the fiscal year in which the change is to become effective to the total budgeted City salary and benefit costs for the prior fiscal year. Notwithstanding the foregoing, in no event shall the annual administrative revision set forth in this Section 16 be less than zero percent (0%). Notwithstanding the foregoing, in no event shall the annual administrative revision described in this Section 16 apply to any fees and charges established by other agencies or as otherwise may be prohibited by applicable law.

SECTION 17. Minor clarifications and revisions are hereby incorporated to the City’s comprehensive fee schedule to reflect changes in the type of services provided and the personnel providing certain services.

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Packet Pg. 452 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
7 SECTION 18. Charges for the use of community and recreational facilities which are not listed in the master user fee schedule shall be determined by an authorized designee of Community Services and shall be based upon the costs incurred in providing the facility or program.

SECTION 19. Organizations using City recreational facilities may be charged additional costs beyond those listed in the attached fee schedule when:

1. Use of the facility by any organization requires facility coverage or maintenance beyond that normally provided.

2. Use of the facility results in damage to the facility interior, exterior or its furnishings.

SECTION 20. Unless otherwise provided, for accounts that are not paid by the due date, a late fee of ten percent (10%) shall be charged for the first month on any unpaid balance, and an additional late fee of one percent (1%) shall be charged on any unpaid balance each month thereafter. The Director of Finance shall have the authority to settle disputes by reducing or waiving amounts due for penalties and interest on delinquent fees if such reduction or waiver serves to promote the City’s fiscal welfare by expeditious payment, enhancing revenue or otherwise.

SECTION 21. All fees established by this resolution will take effect July 1, 2022, unless otherwise noted.

SECTION 22. Resolution 11380 is hereby repealed in its entirety.

SECTION 23. If there are any conflicts between the fees adopted in this Resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this Resolution shall control. If there are any conflicts between the portions of the fee schedule set forth in this Resolution and any prior fee schedule, the portion of the fee

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Packet Pg. 453 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP

ATTACHMENT E
8 schedule attached to this Resolution shall control. This Resolution does not supersede any waivers authorized by any Executive Order of the Director of Emergency Services or by any resolution or ordinance of the City Council.

SECTION 24. 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:
_______________________
DOUGLAS T. SLOAN
City Attorney
Exhibit A - Community Development - City Planning Division Exhibit B - Community Development - Building and Safety Exhibit E1 - Public Works: Civil Engineering
Exhibit E3 - Public Works: Resource Recovery and Recycling Exhibit H1- Police
Exhibit I - Fire
Exhibit J - Records and Election Services
Exhibit K - Miscellaneous
Exhibit L - Public Works: Office of Sustainability and the Environment Exhibit M - Department of Transportation: Taxis
Exhibit N – Department of Transportation: Pedicabs
Exhibit O - Community Services Program Fees
Exhibit P1 - Park Building Rental Charges
Exhibit P5 – Santa Monica Swim Center – Rental Charges
Exhibit P7 – Facility User Categories
Exhibit Q – Beach House
Exhibit T- Library
Exhibit V – Public Works: Cemetery
Appendix 1 Summary of Revised Fire Department Fees
Appendix 2 Summary of Revised Cemetery Fees
Appendix 3 2022 Master Fee Schedule

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Packet Pg. 454 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit A: Community Development - City Planning Division Service FY 2022-23
Fee Comments
Administrative Approval: Non-Downtown $5,023.58
Administrative Approval: Non-Downtown Housing Project $9,939.64 Downtown Administrative Approval: Non-residential Projects up to 10,000 sf $5,023.58 Downtown Administrative Approval: Housing Project up to 75,000 sf $9,939.64 Alcohol Exemption $828.89
Appeal - Planning Permit and Noise Variance $612.37
Architectural Review Board - Building Color/Materials: New Construction $10,721.82 Architectural Review Board - Bldg. Color/Materials: Alt/Mod's and SUD on Sloped Parcel $5,041.44 Architectural Review Board - Signs/Landscaping $2,658.12 Architectural Review Board - Sign Adjustment $2,257.93
Architectural Review Board Staff Approval - All Others $967.68 Architectural Review Board (Staff approval - Single Trade excluding signs & windows) Waived Certificate of Appropriateness - Staff Approval Waived
Certificate of Appropriateness - Landmarks Commission Waived Certificate of Administrative Approval Waived
Certificate of Compliance $2,674.07
Certificate of Economic Hardship $12,065.55
Coastal Zone Approval In Concept $161.28
Conditional Use Permit - All Others $16,026.40
Conditional Use Permit - Alcohol $8,052.02
Deed Restriction $1,781.25
Demolition Permits11 $1,385.79 plus actual historic consultant costs if application for designation as a
Landmark or Structure of Merit is filed
Development Agreement (per hour-charged against an initial deposit of $50,000) $254.48 Development Review $27,395.18
Fence, Wall Hedge Height mod. (Discretionary) $2,789.52 Fence, Wall, Hedge Height mod. (Administrative) $971.45 Final Map $1,221.54
General Plan Amendment $31,963.41
Historic District Designation11 $2,130.67 plus actual historic consultant costs Landmark Designation11 $1,126.80 plus actual historic consultant costs Planning Lot Line Adjustment $2,674.07
Major Modification $6,457.92
Minor Modification $1,690.44
Minor Use Permit $4,933.92
Multiple Applications 100% Initial, 50%
thereafter
Occupancy Permit $1,796.57
Permit Extension - Administrative $322.56
Presubmittals $1,720.32
SB330 Preliminary Application $317.60
Shared Parking Permit $2,472.97
Structure of Merit11 $1,062.41 plus actual historic consultant costs Temporary Use Permit - All Others $1,022.01
Temporary Use Permit - Sales $438.22
Temporary Use Permit - Repeat Event $438.22
Tentative Map $5,238.62
Text Amendment Zone Change $31,963.41
Variance Application (including noise) $18,325.90
Waiver of Parcel Map $3,019.50
Waiver - Zoning Ordinance $6,331.69
Zoning Conf Review: Alcohol Determination $503.25
Outdoor Dining - With no Barriers $430.08
Outdoor Dining - With Barriers $430.08
Zoning Conf Review: Zoning Compliance Letter $1,290.24
6409 Review - Telecom $1,096.56
General Plan Surcharge 7.3% of Permit
Business License Planning Review $97.29
Business License Planning Review: Home Occupation $48.64 Environmental Exemptions - Class 32 $18,524.64
Environmental Exemptions - TPP/Class 31 $4,116.58
Mitigated Negative Declaration - Negative Declaration $69,729.71 Environmental Noticing $3,516.95
Environmental Impact Report Review (per hour, deposit of 37% of consultant contract) $356.92 Traffic Study - Without Model Run $35,539.43
Traffic Study - With Model Run $71,078.86
Mailing Label $153.61
Planning Plan Check, per plan (3 reviews) $1,056.42
City Planning Division A - 1

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Packet Pg. 455 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit A: Community Development - City Planning Division Service FY 2022-23
Fee Comments
Planning Plan Check, per hour (after three reviews) $215.04 Planning Plan Check, per hour - plan revisions, restamping plans, and permit renewals $215.04 Planning Plan Check, per hour, plan checks not otherwise classified $215.04 Planning Plan Check, over the counter $107.52
Travel Demand Forecasting Model (TDFM) 2.5% of Permit
Local Coastal Program Surcharge 0.65% of Permit in
the Coastal Zone
Mills Act Contract Waived
NOTES

1. Planning fees are waived for Large Family Daycare and Child Care Center.

2. Affordable Housing Projects as defined by Zoning Ordinances are exempt.

10. Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016.

11. If an application to designate a property, that is 40 years of age or older, as a Landmark or Structure of Merit is filed, while a demolition permit application is pending, the applicant for the Demolition Permit shall bear the actual costs of any historic consultant and the applicable Landmark Designation or Structure of Merit processing fee.

3. In the case of projects requiring multiple permit applications that may be approved by the same entity, the fee for the highest permit shall be charged, plus a multiple permit application for any additional concurrently processed applications. If multiple permits are required which cannot be approved by the same entity, or if an environmental review is required, the full fee for such applications shall be charged.

4. Non-administrative permit extensions shall be charged 50% of the full application fee for the permit to be extended.

5. Applications for ARB review of buildings, which include proposed signage and/or landscaping, shall be charged for the building review fee only. Should a sign adjustment be required, a multiple application fee shall be charged in addition to the building review fee; separate applications for signage and/or landscaping shall be charged the sign/landscaping review fee.

6. A re-submittal for ARB approval of a design change shall be processed with no fee charged unless a building permit has been issued for the project, in which case the standard fee amounts shall be charged. A re-submittal, which includes signage changes that would trigger a requirement for a sign adjustment, shall be charged the sign adjustment fee.

7. Application fee refunds for withdrawn projects shall be processed as follows:
application not yet deemed complete - 90% refund
application deemed complete -75% refund
determination or Planning Commission or other board report drafted - 50% refund; determination issued, ZA hearing conducted, Planning Commission or other board report issued - 25% refund.

8. All planning fees for Administrative Approval applications shall be waived for designated landmark structures and structures identified as contributing to designated historic districts until and unless revised by subsequent ordinance of the City Council.

9. All Certificate of Appropriateness fees for any alteration, restoration, or construction, in whole or in part, to a designated landmark or to structures identified as contributing to a designated historic district shall be waived.

City Planning Division A - 2

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Packet Pg. 456 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit B - Community Development - Building and Safety Service FY 2022-23
Base Fee
FY 2022-23
Unit
FY 2022-23
Additional Fee

ARCHITECTURAL AND STRUCTURAL PLAN REVIEW
Presubmittal Review
First Two Hours $ 650.89
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 626.78
Formal Plan Review: New Buildings and Accessory Structures One and Two Family Dwellings - main & accessory buildings $ 670.15 $ 1.4889 Apartments, Condominiums and Hotels (and attached parking) $ 768.09 $ 1.4657 Commercial/Industrial- complete building (and attached parking) 1st 10,000 square feet $ 760.87 $ 1.9136
Additional 10,000 square feet $ 0.5331
Commercial/Industrial- shell only (including freestanding garage structures) 1st 10,000 square feet $ 666.02 $ 1.0749
Additional 10,000 square feet $ 0.4845
Any projects of 4 stories or more additional 5%
Formal Plan Review: Additions and Alterations
Residential Remodel and Additions- main & accessory bldgs $ 730.97 $ 1.9612 Commercial Tenant Improvements
0 - 10,000 square feet $ 661.90 $ 0.7119
Additional 10,000 square feet $ 0.6299
Interior Demolition
0 - 10,000 square feet $ 470.13 $ 0.0842
Additional 10,000 square feet $ 695.68 $ 0.0669

MECHANICAL PLAN REVIEW
Presubmittal Review $ 337.65
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 337.65
Formal Plan Review
Standard-up to three reviews $ 873.31

ELECTRICAL PLAN REVIEW
Presubmittal Review $ 463.79
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 463.79
Formal Plan Review
Standard-up to three reviews $ 1,125.59

PLUMBING PLAN REVIEW
Presubmittal Review $ 337.65
Over The Counter / Same-Day Review PC
Standard-up to two reviews $ 337.65
Formal Plan Review
Standard-up to three reviews $ 873.31

MISCELLANEOUS PLAN REVIEW FEES
Deferred Submittals $ 1,219.20
Demolition $ 249.47
Means and Methods Plan formal review $ 505.93
Construction Management Plan review $ 1,728.00
Planning Application Review - with or without Presubmittal Review $ 316.21 Minimum Plan Review fee $ 1,281.57
Plan Review Not Otherwise Classified
General hourly rate and excessive plan reviews (more than 2 OTC or 3 formal) $ 282.20

COMBINATION BUILDING PERMITS
One and Two Family Dwellings $ 141.24 $ 1.4477
Apartments, Condominiums and Hotels (and attached parking) $ 140.21 $ 1.1762 Commercial/Industrial - complete building (and attached parking) 1st 10,000 square feet $ 134.03 $ 1.3670
Additional 10,000 square feet $ 96.91 $ 0.6218
Commercial/Industrial- shell only (including freestanding garage structures) 1st 10,000 square feet $ 142.27 $ 0.9106
Additional 10,000 square feet $ 0.6044
Residential Remodel and Additions- main & accessory bldgs $ 201.04 $ 1.9859 Commercial Tenant Improvements
0 - 10,000 square feet $ 172.32 $ 0.5003
Additional 10,000 square feet $ 0.3579
Interior Demolition
0 - 10,000 square feet $ 252.59 $ 0.1270
Additional 10,000 square feet $ 0.0506
Any project of 4 stories or more additional 5%

SINGLE TRADE PERMITS
Residential - 3 inspections max $ 383.42
Additional Inspections- each $ 126.61
All others (Commercial, Demolition, etc)- 3 inspections max $ 383.42 Additional Inspections- each $ 126.61

AFTER HOURS PERMITS
Review of Application $ 462.34
Inspections- per hour (2 hour minimum) $ 281.40
Building and Safety B - 1

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Packet Pg. 457 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit B - Community Development - Building and Safety Service FY 2022-23
Base Fee
FY 2022-23
Unit
FY 2022-23
Additional Fee

MISCELLANEOUS INSPECTIONS
Inspections Not Otherwise Classified - each hour or fraction thereof $ 281.40 Reinspection Fee:

Combination Building Permit $ 256.30
Single Trade Permit- Residential $ 157.80
Single Trade Permit- All Others $ 157.80
Minimum Inspection Fee - all permits except Single Trade $ 453.25

MISCELLANEOUS FEES
Address Assignment Fee $ 419.81
Temporary Certificate of Occupancy $ 465.59
Change of Record on a Permit:

Single Trade Permit (Residential only) $ 62.36
All Other Permit Types $ 62.36
Engineering Report Review
Seismic Retrofit Report Review $ 394.84
plus $276.27 per
hour
Seismic Retrofit Plan Review $ 394.84
plus $233.45 per
hour
Seismic Retrofit Plan Review - Consultant** Actual Cost Actual Costs/ Per
Hour
Seismic Retrofit Permit $ 35.37
plus $233.30 per
hour
Seismic Retrofit Peer Review $ 242.43 per hour
Seismic Retrofit Peer Review - Consultant** Actual Cost Actual Costs/ Per
Hour
Alternate Methods of Construction:

Premanufactured Products $ 1,178.07
Field Constructed $ 2,350.73
Geotechnical Reports:

Addendum to Original Soils Report $ 1,137.08
As Built Compaction Reports $ 1,703.79
Fault Trench $ 4,974.12
Building/Shoring Plan Review $ 1,267.55
Commercial/Mixed Use/ Apts (4 stories or more including subterranean garage) $ 3,143.52 Standard Reviews and All Others not listed above $ 2,426.76 Sound Attenuation $ 645.39
Energy Compliance- Title 24, Part 6 C.E.C. $ 640.29
Green Building Code Compliance - Title 24, Part 11 10% of plan check Extension Fees
To Start Construction $ 471.62
To Resume or Complete Construction $ 527.91
To Start Construction- Single Trade Residential $ 251.50 To Resume or Complete Construction- Single Trade Residential $ 251.50 License Fees
Special Inspector License - Qualification Review $ 468.51 Fabricator License - Qualification Review $ 468.51
Miscellaneous Reviews
Building and Safety Appeal $ 2,747.52
Accessibility Hardship Exemption $ 886.03
Review and Approval of Testing Lab $ 1,033.17
Modification of Technical Code:

No Administrative hearing- Staff Approval- each main code issue $ 1,267.17 Administrative hearing- Building Officer- project basis $ 2,261.43 Record Fees
Residential Building Record $ 311.84
Approved Plans and Permits (Bonded Copies) actual cost
Application Processing $ 166.82
Maintenance of Permit and Plan Documents (Tech. Enhancement Fee) 13% of permit Renewal Fees
Expired Plan Review - Formal
Plan Check Extension and Renewal Application Processing Only $ 459.10 Any Others $ 459.10
Permit Renewals
No Inspection 100% of permit
Rough Inspection 50% of pmt
Final Inspection 20% of permit
Replacement Card
Replacement I Single Trade $ 62.36
Replacement I All Others $ 62.36
Mobile Home Parks $ 260.37
Investigation Fee For Work Without a Permit Actual Cost

REFUNDS
Issuance Fees no refunds
Building and Safety B - 2

12.A.e
Packet Pg. 458 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit B - Community Development - Building and Safety Service FY 2022-23
Base Fee
FY 2022-23
Unit
FY 2022-23
Additional Fee
Plan Review
Presubmittal Review no refunds
OTC / Same-Day Review no refunds
Formal Plan Review
First review not started 80% of fees
First review started and up to completion of first round of review 50% of fees Second review started and up to completion of second round of review no refunds Engineering Reports
First review not started 80% of fees
First review started and up to completion of first round of review 50% of fees Second review started and up to completion of second round of review no refunds Inspection Fees
Construction work not yet started 80% of fees
Construction work started - Based on percentage of incomplete construction % of fees Solar Energy System Review Fees
Residential
Photovoltaic (solar energy system) 15kW or less* $ 450.00 Photovoltaic (solar energy system) more than 15kW (plus $15 per kw above 15kW)* $ 450.00 Solar Thermal 10kW or less* $ 450.00
Solar Thermal more than 10kW (plus $15 per kw above 10kW)* $ 450.00 Commercial
Photovoltaic (solar energy system) 50kW or less* $ 1,000.00 Photovoltaic (solar energy system) more than 50kW and up to 250kW (plus $7 per kw above 50kW)* $ 1,000.00 Photovoltaic (solar energy system) more than 250kW (plus $5 per kw above 250kW)* $ 2,400.00 Solar Thermal 30kW or less* $ 1,000.00
Solar Thermal more than 30kW and up to 260kW (plus $7 per kw above 30kW)* $ 1,000.00 Solar Thermal more than 260kW (plus $5 per kw above 260kW)* $ 2,610.00 Subsidies
Single Trade Permits - Residential Only
Total fees shall be reduced 50% to encourage citizens to obtain permits for simple work that benefits from safety inspections 50% of fees

WAIVERS
A. Inspection of Small or Large Family Day Care for State Social Services Licenses.

NOTES

1. Total fees for each separate payment transaction may be rounded to the nearest full dollar. *Fees are not subject to the annual administrative revision and increase; the amounts are established by state law.

2. Permit fees related to Downtown Santa Monica, Inc's (DTSM) delivery of contracted services are waived per Council approval dated July 12, 2016. **Seismic Retrofit Plan Check and Seismic Retrofit Peer Review Fees for consulting services will apply for non-soft story projects and or other projects based upon objective criteria on file with the Building and Safety Division.

No fees are charged for Building and Safety services on the following uses except for plan reviews exceeding three rounds of review, reinspections, extensions, and renewals.

B. Voluntary installation (i.e. not required by code) of electric vehicle charging equipment, solar photovoltaic systems, solar thermal heating systems, solar pool heating equipment, grey water systems, and any associated electrical service or panel upgrades dedicated to only serve the qualifying equipment.

Building and Safety B - 3

12.A.e
Packet Pg. 459 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit E1 -Public Works: Civil Engineering
Service FY 2022-23
Fee Unit
Newsrack Permit: Annual Renewal $ 137.50 per unit
Newsrack Permit: New Install $ 323.06 per unit
Newsrack Permit: Impound Fee $ 520.45
Use of Public Property: New Permit with
Transportation Review
$ 365.33
Use of Public Property: New Permit without
Transportation Review
$ 221.38
Use of Public Property: Permit Renewal without
Transportation Review
$ 167.09
Use of Public Property: Permit for Moving Pods $ 161.97 Crane Permit $ 323.06 per day
Use of Public Property Commercial $ 2.62 per day, per 100 sq ft Use of Public Property Residential $ 1.61 per day, per 100 sq ft Street Improvement Inspections: SFR Apron,
Sidewalk, Curb, Gutter, or Alley
$ 628.10
Street Improvement Inspections: non-SFR
Apron, Sidewalk, Curb, Gutter, or Alley
$ 831.46
Outdoor Dining Inspection $ 252.66
Utility Excavation Permit: up to 100 feet $ 1,313.81
Utility Excavation Permit: 100 feet & over $ 241.58 per hour Permit Renewal $ 167.09
Wireless Telecommunications Construction
Permit: No excavation or up to 100 Feet
$ 1,265.81 per location
Wireless Telecommunications Construction
Permit: Over 100 feet of excavation
$ 221.38 per hour, per location
Wireless Facility Permit/6409(a) Permit
Application
$ 1,342.87 per location
Blanket Utility Permit: Public Property Use up to
320 sq ft
$ 275.74
Blanket Utility Permit: Minor Excavation up to 100
linear ft
$ 275.74
Certificate of Compliance $ 2,122.17
Tentative Map $ 985.10
Final Map $ 2,782.86
Lot Line Adjustment $ 1,478.65
Final Map Revision $ 1,070.84
Tentative Map Revision $ 383.74
Industrial Waste Discharge $ 707.12
Site Drainage - Changing Existing Pattern $ 489.94
Civil Engineering E1 - 1

12.A.e
Packet Pg. 460 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit E1 -Public Works: Civil Engineering
Service FY 2022-23
Fee Unit
Urban Runoff Mitigation Plan $ 707.12
Tiebacks $ 1,351.20
Miscellaneous Reviews: Flood Hazard Letter $ 234.62
Plan Check Review Fee - Building Permits
(rounded to the nearest 1/2 hour increment)
$ 253.64 per hour
Review of Legal Easements/License
Agreements
$ 1,640.34
Right of Way Research / Inquiries - each hour $ 216.95 per hour Wireless Related Permits - Outside Consultants Actual Cost Development Agreement Feasibility and
Concept Review Fee
$ 377.80 per hour
(rounded to the
nearest 1/2 hour
increment)
Underground Utility Waiver Application and
Letter of Determination
$ 297.48
Annual Lease Fee – Small Wireless Facility $ 842.16
Plan Check Review Fee - Including Flood Plan
Review ,Off-Site Permit and Vacation of Public
Right-of-Way
$ 309.40 per hour
Civil Engineering E1 - 2

12.A.e
Packet Pg. 461 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit E3 - Public Works: Resource Recovery and Recycling Service FY 2022-23
Fee Unit
Additional Pick-Up Service: Bin $ 91.36
Additional Pick-Up Service: Cart $ 66.51
Container Rental (Rent-A-Bin per each four week period. Includes Bin Rental, Delivery, and One Pick-Up & Disposal)
$ 309.67
Curby Rental per hour (2 hour minimum/4 hour maximum) $ 213.51 per hour Event Rental / Party Truck per hour (Hourly, 2 hour minimum/4 hour maximum)
$ 174.43 per hour
Kitchen Food Scrap Pail Sales $ 6.70 plus pail
Pressure Washing Services (per Hour) (Minimum of 1 hour) $ 193.34 Private Refuse Hauler Permit $ 543.24
Sale of Composting Bins (Santa Monica Residents Only) (50% Subsidy, Limit Two per Household)
$ 38.47 plus bin
Solid Waste Encl Plan Check: Complex (Major) $ 627.27
Solid Waste Encl Plan Check: Simple (SFR) $ 78.78
Solid Waste Encl Plan Check: Medium $ 525.27
Solid Waste Handling Fee (per ton) $ 22.42
Street Sweeping Services $ 262.29
Cart Rollout Services $ 20.44
Bin Washing Services $ 64.02
Extra Refuse Bag Sales (cost of bags not included) $ 26.82 Plus pack of 5 bags
Bulky Item Collection (Hourly, one-hour minimum) $ 225.68 per hour Event Coordination Fee (Bins or Carts) $ 284.41
Constr & Demo Waste Management Plan Review: Complex $ 817.38 Constr & Demo Waste Management Plan Review: Medium $ 625.47 Constr & Demo Waste Management Plan Review: Simple (SFR) $ 527.70 Truck Ad Space Rental (per panel, per side, per month) $ 252.70 Roll out Services - Crew Pullout $ 124.27
Roll out Services - Bin Truck Pullout $ 143.46
Event Cart Rental (Refuse, Food Waste, or Recycling - Per Cart) $ 150.87 per cart Event Bin Rental (Refuse, Food Waste, or Recycling - Per Bin) $ 290.28 per bin Construction & Demo Project Waste Management Plan Review: Demo Only
$ 625.47
Resource Recovery and Recycling E3-1

12.A.e
Packet Pg. 462 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit H1 - Police
Service FY 2022-23
Fee Unit
Permit-Entertainment in Bar, Nightclub,
Restaurant $ 50.70
Permit-Fire Arm Sales $ 50.70
Permit-Tow Truck Operator $ 50.70
Permit - all others required by code not listed $ 50.70 Local Records Check $ 27.36
Firearms Storage and Release $ 46.03
Massage Technician Permit - New $ 117.65
Massage Technician Permit - Renewal $ 78.57
Massage Establishment Permit $ 290.09
Second Hand Dealer Permit - New $ 409.20
Second Hand Dealer Permit- Renewal $ 386.79
Pawnbroker Permit- New $ 409.20
Pawnbroker Permit - Renewal $ 274.76
Alarm Registration Fee $ 12.46
Police Report - Correct DR#, electronic copy No fee if correct DR number is provided.

Data Compilation Fee for Police Reports
(unknown DR#) and other SMPD records -
electronic copy Actual Cost
Police Report - hard copy1 $ 0.20 per page
Digital Image Extraction or Compilation Actual Cost
Audio Extraction or Compilation Actual Cost
Video Extraction or Compilation Actual Cost
Data Compilation (per hour) $ 124.98
Vehicle impound & release $ 159.90
30 day vehicle impound $ 1,128.99
Police Billable Services (per hour) Actual Cost
Equipment fees for special events and film permitspolice horse $ 32.44 per day Equipment fees for special events and film permitsPD Vehicle $ 97.35 per day Equipment fees for special events and film permitsmotor $ 64.90 per day Equipment fees for special events and film permitscommand post $ 97.35 per day Equipment fees for special events and film permitsrescue boat (4 hour minimum charge) $ 259.63
$32.42 for each
additional hour
Parking Citation Dismissal - Disabled Placard1 $ 25.00
Parking Citation Dismissal - Preferential R Permit2
$ 36.80
Notes
1 Fee not subject to the City's annual administrative revision and increase. 2 Unless Vehicle Code section 40226 applies.

Fees are per occurrence unless otherwise noted.

Police H1-1

12.A.e
Packet Pg. 463 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit I - Fire*
Service FY 2022-23
Fee
FY 2022-23
Additional Fee Unit
Standard/Complex Plan Check-new building: 1st 2,500 sf $ 694.20 Standard/Complex Plan Check new building: >2,500 sf (per sf) $ 694.20 $ 0.0694 per sq ft Commercial Tenant Improvement: 1st 2,500 sf $ 347.10
Commercial Tenant Improvement: > 2,500 sf (per sf) $ 347.10 $ 0.0347 per sq ft Miscellaneous plan review $ 347.10
Solar panel plan review $ 347.10
Fire Sprinkler - NFPA 13/13R Sys: 1-10 Heads $ 443.87
Fire Sprinkler - NFPA 13/13R Sys: 10+ Heads $ 443.87 $ 4.56 cost per head Fire Sprinkler - NFPA 13D Sys: up to 10k sq ft $ 443.87 Fire Sprinkler - NFPA 13D Sys: >10k sq ft $ 580.66
Fire Sprinkler- NFPA 13D:TI $ 307.09
Fire Sprinklers: special high pile and sprinkler system combined Actual Cost $ 1,000 deposit required Private hydrant systems Actual Cost
Fire pump installation $ 1,743.35
Fire Alarms, new system, 1st 24 Devices $ 991.02
Fire Alarms, new system, each additional device over 24 devices $ 13.68 Fire alarms, TI's, 1st 24 devices $ 649.05
Fire alarms, TI's, each additional device over 24 devices $ 13.68 Fire Sprinkler Monitoring Alarm System $ 443.87
Fire Alarms, Fire Panel Replacement $ 307.09
Special Fire Extinguisher Systems - clean agent $ 922.63 Special Fire Extinguisher Systems - (eg kitchen hoods) $ 649.05 Medical Lab: Gas systems (type 1) $ 727.71
Medical Lab: Gas systems (type 2 & 3) $ 1,769.02
Storage tank above ground - install $ 842.89
Storage tank above ground - removal $ 351.90
Storage tank above ground - modify $ 211.14
AST Install: generator belly tank $ 315.04
Storage tank underground install - base fee $ 1,862.43
Storage tank underground install-each additional tank $ 425.33 Storage tank underground install - each additional plan check or inspection $ 170.13
Storage tank underground removal - base fee $ 1,649.76
Storage tank underground removal - each additional tank $ 340.26 Storage tank underground removal - each additional plan check or inspection $ 170.13
Storage tank underground modify - simple $ 255.20
Storage tank underground modify - complex $ 935.72
Emergency responder radio system $ 2,502.02
Emergency responder radio rental $ 100.00
Battery systems $ 1,103.29
Gas detection system $ 1,041.30
Annual Permit - aircraft refueling facility $ 340.26
Annual Permit - aircraft repair hangar $ 369.97
Annual Permit - ambulatory surgical center I-2.1
$ 556.49
Annual Permit - approved production facilities $ 325.65 Annual Permit - candles open flame annual $ 38.47
Annual Permit - carnivals or fairs $ 144.93
Annual Permit - Christmas tree lots $ 309.33
Annual Permit - combustible dust products $ 176.71
Annual Permit - combustible fibers $ 176.71
Annual Permit - combustible materials $ 176.71
Convalescent hospital, assistive living and social rehabilitation $ 614.20
Adult & Child Daycare under 50 occupants
$ 325.65
Adult & Child Daycare 50 or more occupants
$ 441.07
Annual Permit - explosives $ 278.69
Annual Permit - high piled combustible storage $ 210.23 Fire I -1
*Please note that the changes for this exhibit are noted in Appendix 1.

12.A.e
Packet Pg. 464 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit I - Fire
Service FY 2022-23
Fee
FY 2022-23
Additional Fee Unit
Annual Permit - hospital I-2 $ 1,100.19
Annual Permit - hot work open flame $ 176.71
Annual Permit - industrial ovens $ 176.71
Annual Permit - laboratory $ 176.71
Annual Permit - LPG-annual $ 176.71
Annual Permit: Large Family Day Care $ 267.94
Public/private school Group E less than 10,000 sq. ft.
$ 441.07 sq. ft
Public/private school Group E 10,000 sq. ft or more $ 787.33 sq. ft Annual Permit - public assembly, <300 occupants $ 356.43 Annual Permit - public assembly, 300+ occupants $ 498.78 Annual Permit - repair garage $ 179.87
Assisted Living and Social Rehabilitation: R-4 $ 441.07 Annual Permit - spraying/dipping $ 210.23
Other inspections - annual not otherwise listed Actual Cost Annual commercial inspections: individual suite or unit, 0-500 sf $ 106.79 Annual commercial inspections: individual suite or unit, 501-2,000 sf $ 162.44 Annual commercial inspections: individual suite or unit, 2,001-5,000 sf $ 220.90 Annual commercial inspections: individual suite or unit, 5,001-10,000 sf $ 279.47 Annual commercial inspections: individual suite or unit, >10,000 sf $ 411.05 Annual commercial inspections - common area: base 1st story (includes single story buildings) $ 71.55
Annual commercial inspections - common area: 0-2,000 sf per floor $ 95.40 Annual commercial inspections - common area: 2,001-5,000 sf per floor $ 131.17
Annual commercial inspections - common area: 5,001-10,000 s.f per floor $ 238.50
Annual commercial inspections - common area: >10,001 sq ft $ 310.05 Annual multi-family residential inspections: 3-15 units $ 164.98 Annual multi-family residential inspections: 16-49 units $ 235.68 Annual multi-family residential inspections: 50-99 units $ 348.52 Annual multi-family residential inspections: 100 units and over $ 474.07 Mixed use - Business & Mercantile $ 206.64
Mixed use - Residential $ 206.64
High rise fire inspections, Commerical, R-1, R-2, R55-75 ft $ 1,562.18
High rise fire inspections,Commerical, R-1, R-2, >75 ft $ 2,075.46 Tents & Canopies 401-2000 sq ft $ 217.39
Tents & Canopies 2,001-5,000 sq ft $ 309.33
Tents & Canopies over 5,000 sq ft $ 0.0596 per sq ft
Candles open flame - special event $ 156.10
LPG special event $ 114.28
Vehicle in building - special event $ 125.45
Studio & theater occupancies - pyrotechnic SFX app sound stage $ 769.04 Studio & theater pyrotechnic SFX - location filming $ 401.28 Special Event Review $ 390.10
Large Special Event Review requiring setup prior to day of event (5 hour minimum) $ 1,861.15
Commercial Umbrella Permit $ 67.57
Other inspections - special events $ 390.10
CUPA - city administrative fee - per CUPA Facility $ 668.71 CRTK hazardous materials inspection - category 1A $ 212.66 CRTK hazardous materials inspection - category 1B
$ 544.06
CRTK hazardous materials inspection - category 2 $ 488.90 CRTK hazardous materials inspection - category 3 $ 615.26 CRTK hazardous materials inspection - category 4 $ 985.33 CUPA - annual CalARP Review: level 1 - per facility $ 1,004.80 CUPA - annual CalARP Review: level 2 - per facility $ 1,674.67 CUPA - annual CalARP Review: level 3 - per facility $ 3,349.37 CUPA - per facility, CalARP Review - add'l rev &insp Actual Cost Fire I -2 *Please note that the changes for this exhibit are noted in Appendix 1.

12.A.e
Packet Pg. 465 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit I - Fire
Service FY 2022-23
Fee
FY 2022-23
Additional Fee Unit
CUPA - county charges (set by and passed through to LA County): hazardous waste generation-silver waste only 1 $ 295.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 1-5 Employees 1 $ 590.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 6-19 Employees 1 $ 828.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 20-100 Employees 1 $ 1,131.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 101-500 Employees 1 $ 1,644.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation, 501 Employees and over 1 $ 2,815.00
CUPA - county charges (set by and passed through to LA County): hazardous waste generation/tiered permit-conditionally exempt 1 $ 139.00 CUPA - county charges (passed through to LA County): hazardous waste generation/tiered permit-conditionally authorized 1 $ 916.00 CUPA - county charges (passed through to LA County): hazardous waste generation/tiered permit-permit by rule 1 $ 1,308.00
CUPA - state underground storage tank administrative charges (passed by State): underground storage tank oversight1
State set
charge
CUPA - State Administrative Surcharge (passed by State): all CUPA facilities1 State set charge
CUPA - state underground storage tank administrative charges (set by and passed through to LA County): CalARP, per facility1
State set
charge
CUPA - state underground storage tank administrative charges (set by and passed through to LA County): Electronic Surcharge, per facility1 State set charge
CUPA - state aboveground tank administrative surcharge (passed through CA)1
State set
charge
Aboveground Tank (AST < 10K gallon) $ 340.26
Aboveground Tank (AST > 10K gallon) $ 637.99
Underground Tank Permit (Base & 1st Tank) $ 1,148.39
Underground Tank Permit (ea add'l Tank) $ 255.20
Tank Permit (TIUGA)
$ 46.92
Final building inspection $ 468.21
Final building inspection: R-3 $ 194.64
Miscellaneous - alternate materials, design and methods $ 1,789.32
Miscellaneous - compliance reinspections, resubmittals or retesting $ 267.13 Miscellaneous - special event inspection or special event review $ 401.28 Miscellaneous - additional site inspection per additional floor, suite or area $ 307.09
Miscellaneous - off-hour inspection /expedited plan review, 4 hour minimum (each hour or fraction) $ 568.73
Miscellaneous - uniform fire code permits, others Actual Cost Reinspection Fee $ 347.45
Advanced Life Support Assessment Fee (The difference between the Los Angeles County approved Advanced Life Support rate and the Los Angeles County Basic Life Support rate.)
County Set
Charge
Paramedic ALS Assessment Fee for BLS Transports $ 659.84 Disposable Medical Supplies Fee (The fee is set by LA County) County Set Charge
Code-3 Response Fee-Lights and Siren (The fee is set by LA County) County Set Charge
Administrative Costs: Assistant Fire Marshal (each hour or fraction) Actual Cost per hour Administrative Costs: Senior Fire Inspector (each hour or fraction) Actual Cost per hour Administrative Costs: Senior Fire Inspector-Hazmat (each hour or fraction) Actual Cost per hour
Fire I -3 *Please note that the changes for this exhibit are noted in Appendix 1.

12.A.e
Packet Pg. 466 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit I - Fire
Service FY 2022-23
Fee
FY 2022-23
Additional Fee Unit
Administrative Costs: Fire Inspector (each hour or fraction) Actual Cost per hour Administrative Costs: CUPA Administrator (each hour or fraction) Actual Cost Administrative Costs: Environmental Compliance Specialist (each hour or fraction) Actual Cost per hour
Administrative Costs: Fire Safety Officer Assignment, 4 hour minimum (each hour or fraction) Actual Cost per hour
Fire Safety Officer Assignment vehicle fee $ 68.46
Outdoor Dining Inspection Fee $ 186.49
Special Event Planning Fee (each hour or fraction) $ 367.76 Presubmittal Meetings with Building & Safety $ 183.88
Fire I -4

Notes
1 Fees are not subject to the City's established annual administrative revision and increase. *Please note that the changes for this exhibit are noted in Appendix 1.

12.A.e
Packet Pg. 467 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit J - Records and Election Services
Service FY 2022-23
Fee Unit
Domestic Partner Filing $ 23.41
Domestic Partner Notice of Revocation $ 13.75
Domestic Partner Amendment $ 13.75
Document Certification $ 21.80
Flash Drive Copy (For PRA) $ 5.15
Passport Execution Fee (plus Federal application fees)1 $ 35.00 Passports Photos1 $ 14.50
Public Records Act Copies1 $ 0.20 per page
Lobbyist Registration1 $ 95.00
Lobbyist Renewal/Amendment/Addendum1 $ 54.00
Election Filing Fee1 $ 25.00
Campaign Disclosure Statements (per page)1 $ 0.10 per page Passport Overnight Delivery Fee Actual Cost
(passthrough
overnight
delivery fee)
Nomination Petitions - Every Additional Set (after the first two sets)1 $ 2.00 Nomination Packet for Non-Candidates or Candidates (after the first set)1 $ 45.00 Notes
1 Fees not subject to the City's annual administrative revision and increase.

Records and Election Services J-1

12.A.e
Packet Pg. 468 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit K: Miscellaneous
Service FY 2022-23
Fee
Returned Check Processing Fee (First NSF)1 $ 25.00
Returned Check Processing Fee (Subsequent NSF)1 $ 35.00 Returned Check Processing Fee (License Fees)1 $ 10.00
Tobacco Retailer License2
Moving Bus Stop $ 710.64
Duplicate Licenses1 $ 10.00
Performance Permit1 $ 37.00
Replacement of a Performance Permit1 $ 37.00
Pkg Citation Payment Plan - Enrollment Fee (Indigent)1 $ 5.00 Pkg Citation Payment Plan - Late Fee (Indigent)1 $ 5.00 Pkg Citation Payment Plan – Enrollment Fee (General Public)1 $ 25.00 Event Permit - Parking Manager $ 589.18
Event Permit - Parking Operations Specialist $ 298.44
Event Permit - Customer Service Supervisor $ 283.84
Hourly Rate: Parking Manager $ 589.18
Hourly Rate: Principal Administrative Analyst $ 421.74
Hourly Rate: Parking Operations Specialist $ 298.44
Hourly Rate: Customer Service Supervisor $ 283.84
Hourly Rate: Parking Permits Assistant $ 212.11
Notes
1 Fees not subject to the City's annual administrative revision and increase. 2 The Tobacco Retailer License fee has been suspended untill June 30, 2023 to lessen the burden on retailers during the pandemic and to review the ongoing costs of the program in light of existing and future grants. The fee will be in force automatically on July 1, 2023.

Miscellaneous K-1

12.A.e
Packet Pg. 469 Attachment: Master Fees Resolution [Revision 2] (4755 : Adoption of FY2022-23 Operating and CIP Budget and Approval of 2023-24 CIP Exhibit L - Public Works: Office of Sustainability and the Environment Service FY 2022-23
Fee
Urban Run-Off Mitigation Onsite Inspection
- per property, includes 2 inspections
$ 176.27
Urban Run-Off Mitigation Onsite Inspection
- per additional inspection
$ 57.79
Landscape & Irrigation Onsite Inspection (SF/MF) $ 271.62 Landscape & Irrigation Onsite Inspection (Comm/MU/Inst) $ 384.32 Landscape & Irrigation Plan Check (SF/MF) $ 346.76
Landscape & Irrigation Plan Check (Comm/MU/Inst) $ 433.45 EV User Fee $ 0.30
Water Neutrality - performance based direct offset of add'l water - plan check
$ 433.45
Water Neutrality - performance based direct offset of add'l water - inspection
$ 173.38
Water Neutrality - administrative fee - SF/MFU 1-101 $ 1,231.00 Water Neutrality - administrative fee - MFU 11-501 $ 1,756.29 Water Neutrality - administrative fee - Comm/MFU 51+ units1 $ 2,642.40 Water Neutrality - in-lieu offset fee $ 0.19
Community Gardens - Annual Permit (Renewal) - Small(less than 150 Sq. Ft)1 $ 100.00 Community Gardens - Annual Permit (Renewal) - Medium(150-249 Sq. Ft.)1 $ 132.00 Community Gardens - Annual Permit (Renewal) - Large 250 Sq Ft. and Larger1 $ 164.00 NOTES
1 Fees are not subject to the City's established annual administrative revision and increase. Fees for the Community Garden - Annual Permits are prorated from a flat fee based on the month the permit is initially issued as follows:
a. First Quater: July - September: The amount noted on the fee schedule shall apply. b. Second Quarter: October - December: 75% of the amount noted on the fee schedule shall apply. c. Third Quarter: January - March: 50% of the amount noted on the fee schedule shall apply. d. 4th Quarter: April - June: 25 % of the amount noted on the fee schedule shall apply.

Santa Monica City CouncilJune 28, 2022

Santa Monica City Council
June 28, 2022