Agenda packet — Santa Monica City Council, July 12, 2022 (part 1 of 2)

City of Santa Monica
City Council Meeting
AGENDA

SUE HIMMELRICH
MAYOR

LANA NEGRETE KRISTIN MCCOWAN

COUNCILMEMBER MAYOR PRO TEM

GLEAM DAVIS PHIL BROCK

COUNCILMEMBER COUNCILMEMBER

CHRISTINE PARRA OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

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: 7/8/2022 8:10 PM 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: 7/8/2022 8:10 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JULY 12, 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.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

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.)

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

CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Oscar de la Torre v. City of Santa Monica, Los Angeles Superior Court, Case No. 21STCV08597
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3.B. 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. - New Item Received 7/08/2022 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. 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. Adoption of Resolution for California Department of Resources Recycling and Recovery (CalRecycle) Grants
Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution authorizing the application for grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) to reduce, recycle and reuse solid waste generated in the state.

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

5.B. Award Professional Services Agreement to Craftwater Engineering, Inc. to Prepare Feasibility Studies & Design Concept Reports for MS4 Compliance and Trash Reduction Projects
Recommended Action
Staff recommends that the City Council:

1. Award RFP #2651 to Craftwater Engineering, Inc. to provide technical engineering services, develop feasibility studies, and provide design concept reports for Watershed projects for the Public Works Department;

2. Authorize the City Manager to negotiate and execute a professional services agreement with Craftwater Engineering, Inc., in an amount not to exceed $302,300 (including a 15% contingency).

5.C. Authorization to enter into Agreement with Vortex Aquatic Structures International for the Virginia Avenue Park Splash Pad Repairs City of Santa Monica Generated: 7/8/2022 8:10 PM Page 5 Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a design-build agreement with Vortex Aquatic Structures International (Vortex) for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park for the Public Works Department. This recommended award is made as an exception to the competitive bidding process, pursuant to Section 2.24.250(c), and is for an amount not to exceed $271,483 (including a 14% contingency).

5.D. Adoption of a Resolution for AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through August 11, 2022.

5.E. Approval of First Modification to Agreement with Intercare Holdings Insurance Services, Inc. for Workers' Compensation Claims Administration Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10506 in the amount of $1,090,267 with Intercare Holdings Insurance Services, Inc. (Intercare) for workers’ compensation claims administration services. This will result in an eight-year amended agreement with a new total amount not to exceed $2,789,776, with future year funding contingent on Council budget approval.

5.F. Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
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.

5.G. Approval of First Modification to Agreement #11181 with Montrose Environmental for additional Operation, Maintenance, and Monitoring of the Landfill Gas Management System
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #11181 in the amount of $300,000 with ES Engineering Services DBA Montrose Environmental for the operation, maintenance, and monitoring of the Landfill Gas Management System for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $1,015,211, with future year funding contingent on Council budget approval.

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5.H. Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc. for Preparation of a Report Pursuant to Section 9212 of the California Elections Code on a Citizens’ Ballot Initiative - New Item Received 7/08/2022
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #108300 (formerly #10830) with HR&A Advisors Inc. in the amount of $36,000 to prepare a Ballot Measure Impact Report, pursuant to California Elections Code Section 9212, for the proposed Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to Provide a Third Tier Transfer Tax Rate for Property Transfers of $8,000,000 or More with an Eleven Member Resident Oversight Committee, that is seeking to qualify and be placed on the November 8, 2022 ballot. This will result in a four-year amended agreement with a new total amount not to exceed $454,900, 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 Municipal Employees Association, Santa Monica Firefighters Local 1109 (1109), Santa Monica Police Officers Association and the Supervisory Team Association and a Side Letter Agreement between the City and 1109 - New Item Received 7/08/2022
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 Municipal Employees Association (MEA), Santa Monica Firefighters Local 1109 IAFF (1109), Santa Monica Police Officers Association (POA) and the Supervisory Team Association (STA) and a Side Letter Agreement with the Santa Monica Firefighters Local 1109 IAFF;

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

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

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
City of Santa Monica Generated: 7/8/2022 8:10 PM Page 7 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. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Adoption of a Resolution to place a Real Property (Documentary) Transfer Tax revenue measure on the November 2022 Ballot.

Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution to place a transfer tax measure and advisory measure on the November 8, 2022 ballot (Attachment A), which would:
a) Amend Chapter 6.96 of the Santa Monica Municipal Code to establish an additional third tier transfer tax rate of $15 per thousand dollars of consideration or property value transferred, which would apply solely to the amount of consideration or value transferred in excess of $8 million, subject to certain exemptions, and be collected in addition to existing transfer tax rates that apply to the entire transfer amount; and b) Allow voters to express their preference that if the Comprehensive Real Property Transfer Tax Measure is adopted, funds should be used to fund: (a) services to address homelessness and mental health, (b) public safety and emergency response teams to address safety issues on City streets and in parks, (c) the reopening and staffing of all public libraries, (d) after-school and post-COVID recovery programs for public school children, (e) traffic safety improvements around schools, including crossing guards, and (f) transitional housing and shelters; and
c) Identify Council Members, if any, who wish to prepare arguments for or against each measure; and
d) Direct the City Attorney to prepare an impartial analysis of each measure.

11.B. Adoption of Resolutions for Proposed Ballot Measures on the November 8, 2022 Election Amending Articles XVIII and XXIII of the City Charter Recommended Actions
Staff recommends that the City Council:

1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would amend Article XXIII of the City Charter to City of Santa Monica Generated: 7/8/2022 8:10 PM Page 8 establish a rent registry for Nonrentcontrolled Rental Units; or, alternatively, approve the first reading of an ordinance to establish a rent registry for Nonrentcontrolled Rental Units (Attachment B).

2. If the resolution placing an amendment to Article XXIII of the City Charter on the November 8, 2022, ballot (Attachment A) is approved, authorize City Councilmembers to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.

3. Adopt the attached resolution (Attachment C) placing a measure on the November 8, 2022, ballot that would amend Article XVIII of the City Charter to • Revise requirements for owners to evict tenants for owner-occupancy; • Revise election procedures;
• Revise Commissioner term limits; and
• Authorize the Rent Control Board to impose a rent freeze during a declared emergency.

4. If the resolution placing an amendment to Article XVIII of the City Charter on the November 8, 2022, ballot (Attachment C) is approved, authorize City Councilmembers to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.

11.C. Adoption of a Resolution Placing a Ballot Measure on the November 8, 2022 Ballot to Amend Section 1011 of the City Charter - New Item Received 7/08/2022
Recommended Action
Staff recommends that the City Council adopt the attached resolution (Attachment A) submitting to the voters a measure amending City Charter Section 1011 to change the eligibility requirements for service on the Personnel Board to include, in addition to City residents, residents of Los Angeles County who are natural persons and are either employed full-time within the City, or who own real property in the City, or who have been issued a business license by the City, and to reduce the term of service for Board members from five years to four years; and to direct actions necessary to place the measure on the November 8, 2022 Municipal ballot.

If the resolution placing an amendment to Section 1011 of the City Charter on the November 8, 2022, ballot (Attachment A) is approved, staff also recommends that the Council authorize City Council members to file written arguments for or against the measure and direct the City Attorney to prepare an impartial analysis.

11.D. Certification of Qualified Initiative Petition Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools and Adoption of Resolution to Place Measure on the November 8, 2022 Ballot - New Item Received 7/08/2022
Recommended Action
Staff recommends that the City Council:

1. Receive and file the attached Certification of Qualification regarding an Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to provide a Third Tier Transfer Tax Rate for Property Transfers City of Santa Monica Generated: 7/8/2022 8:10 PM Page 9 of $8,000,000 or more with an Eleven-Member Resident Oversight Committee;

2. Adopt the attached resolution requesting and directing the actions necessary to place the measure on the November 8, 2022 General Municipal ballot.

12. PUBLIC HEARINGS
No items

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. Appointments to Nine Seats on the Newly Created Human Services Commission for Two Partial Terms Ending on 6/30/2023, Two Partial Terms Ending on 6/30/2024, Two Partial Terms Ending on 6/30/2025, Two Full-Terms Ending on 6/30/2026 and One Full-Term Ending on 6/30/2027 - New Item Received 7/08/2022

16.B. Recommendation to accept Kathleen M. Zadikian's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy. - New Item Received 7/08/2022

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 City of Santa Monica Generated: 7/8/2022 8:10 PM Page 10 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: July 12, 2022
Agenda Item: 3.B
1 of 1
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

3.B
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City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: City Manager Report
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

4.A
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City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.A
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Resource Recovery & Recycling
Subject: Adoption of Resolution for California Department of Resources Recycling and Recovery (CalRecycle) Grants
Recommended Action
Staff recommends that the City Council:

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

Summary
The California Department of Resources Recycling and Recovery (CalRecycle) administers various statewide recycling and waste management programs aimed at promoting increased recycling and reducing litter in the waste stream. Over the last 17 years, the City of Santa Monica has received over $1.3 million in grant funds. These grant funds have been applied to Citywide waste reduction programs such as used oil recycling, beverage container recycling, and food waste recovery. For the City to continue receiving CalRecycle grant funding, staff requests Council adopt the attached resolution (Attachment B) authorizing the City Manager to execute all required application documents, receive any grant awards, and execute any grant renewals through 2027.

5.A
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Discussion
CalRecycle requires a resolution that authorizes application for and receipt of any grant funding. Council adopted the current resolution in 2017. Over a span of 17 years, the City has received about $1.3 million over a range of grants from CalRecycle, including $132,049 to educate residents and businesses about organics recycling and to provide them with the resources to recycle organic waste. The resolution enabled staff to apply for CalRecycle’s SB 1383 Local Grant Assistance Program that was aimed at reducing the amount of methane-emitting organic waste in landfills.

The attached resolution (Attachment B) replaces Resolution Number 11073 (CCS) which terminates on August 8, 2022. Following the adoption of this resolution, the City would be eligible to apply for and receive grant funds from the State through August 8, 2027. Once payments are awarded, funds would need to be expended prior to the end of each grant cycle.

Past Council Actions
Meeting Date Description
02/08/17 (Attachment A) Adoption of Resolution Number 11073 (CCS) Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended actions. Staff will return to Council if grants are awarded and specific budget actions are required in the future.

Prepared By: Patty Manalo, Administrative Analst
Approved Forwarded to Council

5.A
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3 of 3
Attachments:

A. Attachment A - City Council Report Item 11.A
B. Attachment B - Resolution No.

5.A
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City Council
Report
City Council Meeting: August 8, 2017
Agenda Item: 11.A
1 of 3
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Office of Sustainability & the Environment
Subject: Resolution for California Department of Resources Recycling and Recovery (CalRecyle) Grants
Recommended Action
Staff recommends that the City Council:

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

Executive Summary
The California Department of Resources Recycling and Recovery (CalRecycle) administers the Food Waste Prevention and Rescue Grant Program. The aim of the program is to lower overall greenhouse gas emissions by creating new or expanding existing food waste prevention projects to reduce the amount of food sent to the landfills. This is the first CalRecycle grant of its kind. The City of Santa Monica is eligible for this funding and has benefited in the past from CalRecycle programs. The City intends to apply for a $100,000 grant to build a stronger food recovery program.

The City plans to seek Food Waste Prevention and Rescue grants from CalRecycle to work toward Santa Monica’s council adopted Zero Waste and Carbon Neutrality goals by diverting organics from the landfill. While Santa Monica has a citywide organics collection program, food and food-soiled paper continue to be the largest components of the city’s waste stream. The grant funding would facilitate collaboration between local businesses, non-profits, residents, and the City to decrease landfilled organics (food, food-soiled paper) by developing a food recovery and a donation program. The resolution would authorize the City to apply for these funds for fiscal years 2017-2018

5.A.a
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Attachment: Attachment A - City Council Report Item 11.A (4971 : Resolution for CalRecycle Grants) 2 of 3
through 2022-2023.

Background
City Council previously adopted resolution number 10657 (CCS) on February 14, 2012 authorizing the City Manager to execute various grant program applications under the CalRecycle program for all grants the City of Santa Monica is eligible for. Resolution 10657 (CCS) expired on June 30, 2017. To date the City has received approximately $900,000 in grant funding from CalRecycle to support various programs ranging from Used Oil and Filter Recycling to Tire Recycling programs.

Discussion
According to the CalRecycle Business Group Waste Stream characterization calculator, 26,543 tons of food was disposed of in Santa Monica in 2014. Currently, only 10-18 percent of surplus edible food in the United States is recovered and distributed. This could be significantly improved through food waste prevention and donation.

The City would use the grant funds to host a food forum that would bring together stakeholders from restaurants, businesses, and non-profits around Santa Monica to discuss food waste prevention and donations. While a vast network of food rescue organizations and businesses exist in the Los Angeles region, a food forum has not taken place in Santa Monica to bring together local stakeholders. The forum would raise awareness by educating local constituents and help to develop a stronger and better coordinated network. Once participating businesses have been identified, pre-waste audits would begin to benchmark the percentage of edible vs. non-edible food waste generated by these businesses. After the preliminary audit, businesses would receive necessary donation materials such as storage and pickup containers and, potentially, refrigerators depending on the volume and type of food donated. The City would contract with local food donation and collection non-profits and utilize an existing mobile application to make food donation and collection more convenient and on demand. The food collected would be donated to populations in need throughout the City. The remaining non-edible food waste, including food-soiled paper, would be diverted from the landfill through composting programs.

5.A.a
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Attachment: Attachment A - City Council Report Item 11.A (4971 : Resolution for CalRecycle Grants) 3 of 3
Similar to the City Council resolution number 10657 (CCS) adopted on February 14, 2012, which authorized the City Manager to execute various grant program applications under the CalRecycle program, staff would use this resolution as authority to apply for Food Waste Prevention and Rescue grants from CalRecycle over the next five years.

Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. If the grant is awarded to the City staff will return to Council with specific budget actions to accept the grant funding and appropriate funds in the amount of $100,000.

Prepared By: James Velez-Conway, Senior Sustainability Analyst Approved Forwarded to Council
Attachments:

A. CalRecycle Grant Authorization Reso 08.08.17

5.A.a
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Attachment: Attachment A - City Council Report Item 11.A (4971 : Resolution for CalRecycle Grants) 1 City Council Meeting July 12, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER TO

EXECUTE ALL APPLICATIONS, AGREEMENTS AND DOCUMENTS FOR ALL

CALRECYCLE GRANTS FOR WHICH THE CITY OF SANTA MONICA IS ELIGIBLE

AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED

GRANT DOCUMENTS FOR FIVE YEARS
WHEREAS, pursuant to California Public Resources Code Sections et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (“Grants”) in furtherance of the State of California’s (“State”) efforts to reduce, recycle, and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health, safety, and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the Grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.

5.A.b
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Attachment: Attachment B - Resolution No. [Revision 2] (4971 : Resolution for CalRecycle Grants) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City of Santa Monica authorizes the submittal of applications to CalRecycle for all grants for which the City of Santa Monica is eligible.

SECTION 2. The City Manager, or his or her or designee is hereby authorized and empowered to execute in the name of the City of Santa Monica all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

SECTION 3. The authorizations set forth in this Resolution are effective for five (5) years from the effective date of this resolution.

SECTION 4. 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.A.b
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Attachment: Attachment B - Resolution No. [Revision 2] (4971 : Resolution for CalRecycle Grants) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.B
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award Professional Services Agreement to Craftwater Engineering, Inc. to Prepare Feasibility Studies & Design Concept Reports for MS4 Compliance and Trash Reduction Projects
Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to negotiate and execute a professional services agreement with Craftwater Engineering, Inc., in an amount not to exceed $302,300 (including a 15% contingency).

Summary
The City’s efforts in stormwater and watershed management are centered around compliance with state and federal permits and mitigating pollutants entering the Santa Monica Bay (Bay). One key requirement is investing in infrastructure that captures or infiltrates runoff before it discharges to the Pacific Ocean. The City of Santa Monica has successfully implemented several large-scale urban runoff capture projects that mitigate runoff and pollutants entering the Bay. However, future projects would be required to demonstrate how they would keep the City in compliance with State and federal permits. Staff seeks a consultant to identify and study three potential watershed infrastructure projects that would capture urban runoff and pollutants and support the health of the Bay. Staff recommends Craftwater Engineering, Inc. (Craftwater) to

5.B
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2 of 5
provide technical engineering services for these projects for an amount not to exceed $302,300.

Discussion
In response to the requirements set forth in federal and State permits, the City has implemented many projects that contribute toward capturing urban runoff and reducing pollutants entering the Bay, including:
• Clean Beaches Initiative (CBI) – 1.6 million gallon stormwater harvesting tank; • Los Amigos Park Retrofit – 53,000-gallon stormwater harvesting tank and treatment system;
• Marine Park Retrofit – piping and pumping system using treated runoff from the City of Los Angeles for irrigation at Marine Park;
• Storm Drain Catch Basin Connector Pipe Screens – over 650 connector pipe and catch basin screens which prevent trash from entering storm drains; and • Sustainable Water Master Plan (SWIP) – 1.5-million-gallon stormwater harvesting tank and water treatment system (scheduled for completion in 2023).

The permits also require additional projects that capture runoff and mitigate pollutants in order to remain in compliance. The proposed engineering services would focus on assessing three potential projects that would help the City remain in compliance:

Pico-Kenter Outfall Trash Reduction
Although the City has achieved compliance with the debris (trash) requirement for the watershed by completing the Storm Drain Catch Basin Connector Pipe Screens project, staff seeks to further mitigate debris that continues to be observed near the outfall on the beach following rain events.

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Kenter Canyon Storm Drain-Sewer Diversion
This project was originally identified as an infiltration or capture project to be located in or near Memorial Park. However, the impacts of building such a system in the park would be significant. This Project would study alternative methods to address the runoff in this area.

Green Streets Master Plan
In collaboration with the County of Los Angeles, the Cities of Los Angeles and El Segundo, the City developed an Enhanced Watershed Management Plan (EWMP) as required by the State permit. The EWMP requires that the City develop a Green Streets Master Plan that identifies locations where low-impact development infrastructure can be installed within the public right of way.

The feasibility studies for each project would include: analyses of dry and wet weather runoff volumes; modeled pollutant loads in the runoff; regulatory compliance goals that would be achieved by the Project; overall environmental benefits; regulatory permits required; analysis of the anticipated environmental documents required under California Environmental Quality Act (CEQA); analysis of potential site constraints; estimated costs for design, construction, permits, and identification of possible grant sources to fund design and construction. Design concept reports would be developed for the most feasible project alternatives.

Vendor Selection
RFP Information
Best Qualified Firm Craftwater Engineering, Inc.

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
Craftwater
Engineering, Inc.

Stantec Consulting
Services, Inc.

Kimley-Horn &
Associates, Inc.

Fuscoe Engineering,
Inc.

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RFP Data
Posted On Posted On
Number of Vendors
Downloaded
Number of
Submittals
Received
Date Publicly
Opened
9/2/2021 City’s Online
Bidding Site 38 4 10/27/2021
Justification to Award
Four firms submitted a proposal for technical engineering services. Based on the selection criteria set forth in SMMC 2.24.190, staff recommends Craftwater as the best qualified firm to provide technical engineering services based on its qualifications, price, and directly related watershed compliance experience providing similar services for other municipal agencies. Craftwater is currently working on similar studies for the cities of Monrovia and Pasadena. Additionally, Craftwater’s proposed project staff worked were part of the team that developed the Central Santa Monica Bay EWMP.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Clean Beaches & Ocean Parcel Tax Fund to award a contract to Craftwater Engineering, Inc. to provide technical engineering services, develop feasibility studies, and prepare design concept reports.

Funds are available in the FY 2022-23 Capital Improvement Program Budget for this project.

Professional Services Agreement Request
FY2022-23 Request Amount CIP Account # Total Contract Amount $302,300 C1608450.689000 $302,300
Prepared By: Curtis Castle, Principal Civil Engineer
Approved Forwarded to Council

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Attachments:

A. Oaks_Craftwater_Signed

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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.

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Attachment: Oaks_Craftwater_Signed (5051 : Award Agreement for Watershed Feasibility Studies & Concept Reports)

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 speci 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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Attachment: Oaks_Craftwater_Signed (5051 : Award Agreement for Watershed Feasibility Studies & Concept Reports) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.C
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Authorization to enter into Agreement with Vortex Aquatic Structures International for the Virginia Avenue Park Splash Pad Repairs Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a design-build agreement with Vortex Aquatic Structures International (Vortex) for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park for the Public Works Department. This recommended award is made as an exception to the competitive bidding process, pursuant to Section

2.24.250(c), and is for an amount not to exceed $271,483 (including a 14% contingency).

Summary
Following an assessment of the splash pad playground at Virginia Avenue Park, staff identified rehabilitation and replacement of the pad’s equipment as a priority project because of the popularity of the feature and the age of the current system. Originally opened in 2005, key components of the splash pad equipment have reached the end of their useful life.

Staff recommends awarding a design-build agreement to Vortex for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park in an amount not to exceed $271,483 (including a 14% contingency). Staff anticipates work would begin in Fall 2022 and be completed by Summer 2023. The project would be funded by Community Development Block Grant (CDBG) funding.

Discussion

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An assessment of the existing equipment and safety systems showed the equipment for the Virginia Avenue Park splash pad playground was nearing the end of its lifespan and requires replacement. Without improvements, the splash pad would eventually need to be closed to the public for safety reasons. Improvements would include the replacement of existing splash pad pumps, valves, and filtration equipment.

To avoid potential closure and expedite project delivery by up to six months, staff recommends that the City make an exception to competitive bidding by piggybacking off another government agency’s competitive process and enter into a design-build agreement with Vortex for the design, permitting, and replacement of equipment at the splash pad playground at Virginia Avenue Park.

Staff anticipates up to 12 months for the design and repair phases of the project, with work beginning Fall 2022 and project completion by Summer 2023.

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Vendor Selection
Exception to Competitive Bidding
Staff recommends Vortex for the design, permitting, and replacement of equipment as an exception to competitive bidding per Muni Code 2.24.250 (c), which authorizes an exception if competitive procedures were followed by another governmental agency, including a joint power agency; those procedures are equivalent to the procedures set out in SMMC Chapter 2.24; and the City is obtaining the goods or services at the same or better price as provided to that other agency.

On March 15, 2021, NPP Gov, a government agency that establishes national leveraged and competitively solicited purchasing contracts for education, government, and non-profits, issued a Request for Proposals (RFP) for the procurement of recreation and playground equipment, accessories, and supplies.

Under the terms of the RFP and the resulting NPP Gov’s contract with Vortex (contract #PS21115 set to expire March 15, 2027), the City as a member agency receives competitive bids without additional RFP process, saving time and money in procurement processes.

Vortex has provided turn-key solutions for similar playground and recreationrelated equipment, accessories, and supplies for several municipalities in California, including the City of Los Angeles, City of Glendora, and City of Walnut.

Architecture Services staff conducted outreach to the City of Los Angeles, and they recommended Vortex for its reliability, expertise, and affordability. Vortex offers industry leading custom design and manufacturing expertise, local project and playground design consultation/site evaluation, and safety audits by independent CPSI certified playground inspectors. Installation services offered through Vortex are completed by certified installers.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the CDBG Fund to award an agreement to Vortex for design/build services for the splash pad playground at Virginia Avenue Park.

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Funds are available in the FY 2022-23 Capital Improvement Program Budget for this project.

Prepared By: William Clerk, Architectural Associate
Approved Forwarded to Council
Attachments:

A. June 23, 2020 Staff Report (Web Link)
B. OaksForm-Vortex
Agreement
FY 2022-23
Request Amount
CIP Account # Contract Amount
$271,483 C1908120.689000 $271,483

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CITY OF SANTA MONICA

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

Public benefits include:

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

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Attachment: OaksForm-Vortex (5148 : Virginia Avenue Park Splash Pad Repairs) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution for AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through August 11, 2022.

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

Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (all citations herein are to the Government Code). Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social

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distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3). Both of the conditions to continue to rely on AB 361 are presently satisfied. The Governor’s State of Emergency Declaration, issued on March 4, 2020, and the City’s declaration of a local emergency issued March 13, 2020, as supplemented and modified through the 43rd Supplement, remain in place and have not been lifted. And, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, (“Health Officer Order” or “HOO”), continues to recommend social distancing as one measure to reduce the spread of COVID-19.

The Requirements of AB 361.

If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows: (1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option; (2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; (3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option); (4) the public must be able to attend the meeting via call-in option or internet-based service option; (5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internet-based service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internet5.D Packet Pg. 34
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based service option, the legislative body shall take no further action on items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and (7) where, as in Santa Monica, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).

The Current Findings Post-Winter Surge.

While not experiencing the high case levels and positivity rates as seen during the height of the winter surge, the most recent Health Officer Order indicates that Los Angeles County is currently experiencing increases in COVID-19 cases and test positivity rates and that related hospitalizations are no longer in decline, which may be attributed to the more transmissible BA.2 subvariant spreading in LA County. Indeed, the testing positivity rate in LA County has been increasing in June 2022, and, as of June 29, 2022, LA County has confirmed 3,112,364 cases of COVID-19 within the County, with 6,529 new cases on June 29, 2022 alone, and has continued to advise that public health measures remain required to prevent the further spread of COVID-19. The HOO continues to focus the public health response to COVID-19 in Los Angeles County, among other things, to protect the most vulnerable among us and strongly recommends masks, regardless of vaccination status, in indoor public settings. In particular, the HOO explains that “[m]asks are most likely to reduce the spread of COVID-19 when they are widely used by people in public settings.” A recent LA County Department of Public Health press release further explains that “masking is an essential safety measure that residents can use to help protect themselves and others in all indoor settings” while the highly transmissible Omicron subvariant continues to spread in LA County.

Members of Boards and Commissions previously voiced concern about being required to return to in-person meetings given that, as validated by the Health

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Officer Order, many people, including those with identified underlying medical conditions, unvaccinated older adults, people from ethnic and racial minority groups, remain at risk for severe illness from COVID-19 (more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die).

Accordingly, on March 22, April 12, May 10, May 24, and June 14, 2022, the City Council adopted findings under AB 361 to allow Boards and Commissions to elect to continue meeting remotely. The findings proposed by the attached resolution will allow Boards and Commissions to continue to elect to meet remotely through August 11, 2022.

In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the Los Angeles County Department of Public Health of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the findings required to continue to invoke AB 361. Doing so will allow City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference after July 14, 2022 (which is when the AB 361 resolution adopted on June 14, 2022 will expire) without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply. An additional resolution will be required to be adopted at the Council meeting on July 26, 2022 to ensure continued compliance with the 30-day findings requirement for Board and Commission meetings to be held after August 11, 2022.

The procedures that were set up for City Council meetings when it held meetings remotely, providing for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings continue to similarly comply with the requirements of AB 361.

As indicated above, although the attached AB 361 Resolution authorizes all Boards and Commissions to continue to meet remotely, a Board or Commission

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can affirmatively decide to meet in person, just as the City Council decided for itself. In other words, for Boards and Commissions, the default will be remote meetings unless and until any decision to meet in person. As indicated above, the Council will need to make AB 361 findings anew every 30 days to permit this option to continue.

Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2022-23 budget
Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:

A. AB361 Resolution (July 12)

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1 City Council Meeting: July 12, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

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

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

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Attachment: AB361 Resolution (July 12) [Revision 1] (5175 : AB361 Findings for Teleconference) 2 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2020 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, 2020, April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, and December 15, 2020, January 26, 2021, March 23, 2021 effective May 22, 2021, July 13, 2021, August 24, 2021, October 26, 2021, December 7, 2021, March 8, 2022 effective May 7, 2022, May 24, 2022, and July 12, 2022 with the result that the proclamation of a local emergency based on the COVID-19 pandemic remains in place; and WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of

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Attachment: AB361 Resolution (July 12) [Revision 1] (5175 : AB361 Findings for Teleconference) 3 Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; and
WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting

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Attachment: AB361 Resolution (July 12) [Revision 1] (5175 : AB361 Findings for Teleconference) 4 in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 8, 2022, May 10, 2022, May 24, 2022, and June 14, 2022 the City Council adopted

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Attachment: AB361 Resolution (July 12) [Revision 1] (5175 : AB361 Findings for Teleconference) 5 Resolution Numbers 11362, 11378, 11384, 11390, 11393, 11399, 11404, 11407, 11413, 11417, 11421, and 11424, respectively, which made the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued April 21, 2022, which continues to recommend social distancing as one measure to reduce the spread of COVID-19, and to protect the most vulnerable among us in indoor public settings, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.

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

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

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Attachment: AB361 Resolution (July 12) [Revision 1] (5175 : AB361 Findings for Teleconference) 6 SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.

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

SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.

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

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Attachment: AB361 Resolution (July 12) [Revision 1] (5175 : AB361 Findings for Teleconference) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.E
1 of 5
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Risk Management Subject: Approval of First Modification to Agreement with Intercare Holdings Insurance Services, Inc. for Workers' Compensation Claims Administration Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #10506 in the amount of $1,090,267 with Intercare Holdings Insurance Services, Inc. (Intercare) for workers’ compensation claims administration services. This will result in an eight-year amended agreement with a new total amount not to exceed $2,789,776, with future year funding contingent on Council budget approval.

Summary
The City Council authorized a pilot program at the Big Blue Bus, now Department of Transportation (DoT) to determine the most cost-effective model for managing workers’ compensation claims. Consequently, effective November 1, 2017, claims administration responsibilities for all Big Blue Bus claims transferred from the City’s in-house workers’ compensation staff to Intercare, a Third-Party Administrator (TPA). Based on the pilot program’s performance, staff recommends a permanent shift to a TPA for management of DoT’s workers’ compensation claims. The current agreement with Intercare is set to expire on August 31, 2022. Intercare agreed to extend the agreement for three years with no year-to-year increase for the first year of the extension and 1.5% annual increase each year thereafter. Staff believes that such a modification to the agreement would be prudent and cost-effective for the City. The extension will provide additional time for the City to evaluate moving its entire Workers’ Compensation Program to the

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TPA model and engage with bargaining groups regarding any potential labor relations issues.

Discussion
The Risk Management Division of the Finance Department is responsible for managing the City’s self-insured Workers’ Compensation Program. Self-insured employers can either administer the claims in-house or subcontract this service to a TPA. In 2001, the City moved to the internal management model to improve program outcomes through direct control and provide better customer service to injured employees. As a result, the Risk Management Division’s staff became responsible for coordinating medical care and financial benefits to injured workers, as mandated by State regulations.

Pilot Program: Background
In early 2017, a cross-departmental working group, tasked with developing initiatives to contain the City’s rising workers’ compensation costs, conducted an assessment of the TPA model. The working group found that the TPA model offers several advantages over a self-administered program like the City’s. Most significantly, a well-established TPA has more resources to support better claim outcomes. TPAs, by virtue of working with more than one client agency, have the ability to provide more supervisory and backup resources for their claims examiners, as well as dedicated assistants responsible for all clerical tasks. This ensures that claims are managed effectively even when the assigned examiner is out of the office. The City’s self-administered program is too small to have this level of staffing. In addition, many TPAs have in-house units to provide ancillary workers’ compensation services, such as fraud investigations, staff trainings, and medical management.

Given a favorable assessment of the TPA model, the working group developed a threeyear pilot program to determine whether the City could benefit from using a TPA to manage its workers’ compensation claims. The Big Blue Bus was selected as the Department to pilot the model primarily due to its sizable workforce consisting of employees in both physically demanding and sedentary jobs, and the Department’s desire to be more involved in management of its claims. On July 25, 2017 (Attachment A), Council approved the pilot program and the selection of Intercare as the TPA to manage the workers’ compensation claims for the Big Blue Bus. As a result, the City entered into an agreement with Intercare for three years with two one-year renewal

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options (Attachment B). To avoid making any major changes to the City’s Workers’ Compensation Program during the pandemic, staff exercised the two renewal options, extending the duration of the pilot program to five years. This ensured stability for injured employees already dealing with the effects of the public health crisis.

Pilot Program: Assessment and Recommendation
Staff evaluated the pilot program’s success against a set of objective performance measures. The results from the pilot program are outlined below. It is important to note that most of the claims administered by City staff were filed by sworn public safety employees, who receive more generous workers’ compensation benefits, which makes those claims more costly.
• Total Liabilities (i.e., an estimated future value of all open claims) for DoT’s claims declined from $7.4 million to $5.4 million by March 31, 2022. In contrast, total liabilities for the claims from all other Departments increased from $21.9 million to $26.1 million.
• Total Expenses during FY 2020-21 for claims managed by Intercare increased by

0.4% from FY 2016-17. By comparison, total expenses for claims managed by in-house staff increased by 25.2%.
• In FY 2020-21, Temporary Disability Payments (i.e., payments for lost wages) per open claim for DoT increased by $628 from FY 2016-17. For all other Departments, the payments increased by $6,080.

Given the pilot program’s success, staff prepared a cost-benefit analysis to project savings if a TPA took over the administration of the remaining workers' compensation claims. The analysis is based on Intercare’s performance with DoT’s claims over the duration of the pilot program. It assumes that a TPA would achieve the same cost savings in total liabilities and total expenses for the Public Works Department since its employees receive the same State workers’ compensation benefits as DoT employees.

Sworn public safety employees, however, are entitled to a different set of benefits (e.g., injury presumptions, 4850 disability benefit, higher permanent disability, etc.). As such,

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it is harder to project the cost savings – if there are any – that a TPA might achieve for claims from the Fire and Police Departments. The analysis below accounts for this difference by presenting three scenarios showing varying levels of impact on total liabilities and expenses when shifting all claims to a TPA:
• Scenario #1, a TPA would achieve a 50% reduction in liabilities and expenses for the Fire and Police Departments when compared to reductions achieved for the DoT over four years of the pilot program.
• Scenario #2, which staff believes to be the most likely scenario, assumes that reductions for these two departments would be 25% of what Intercare has achieved for the DoT.
• Scenario #3, assumes a TPA would not be able to reduce total liabilities and total expenses for claims from the Fire and Police Departments. As a result, in the third scenario, unlike under the other two scenarios, the City would not realize savings from shifting to the TPA model.

Below is a summary of the results from the analysis.

Likelihood Impact Annual Savings
Scenario #1 25% High $898,845
Scenario #2 50% Medium $351,756
Scenario #3 25% None ($195,333)
Given the uncertainty in cost savings realized from shifting all other departments to the TPA model, as well as the additional staffing disruption that it would create in the Risk Management Division, staff does not believe that a program-wide shift is feasible at this time. Staff therefore recommends a permanent shift to the TPA model for the management of DoT’s workers’ compensation claims only. However, the Risk Management Division would like the option to consider shifting portions of its in-house program to a TPA as attrition occurs over time and if ongoing analysis continues to show that a TPA can assist with lowering the City’s liabilities. As such, staff is requesting an authorization from the Council to extend the contract with Intercare, set to expire on August 31, 2022, for an additional three years. After three years, staff will

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complete a new request for proposal (RFP) process and reconsider the manner in which the program is delivered.

Past Council Actions
Meeting Date Description
July 25, 2017
(attachment A)
Authorize agreement with Intercare Holdings Insurance Services, Inc. following an RFP process
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Self Insurance, Workers’ Compensation Fund to increase the amount of the agreement with Intercare Holdings Insurance Services, Inc. for Workers’ Compensation Claims Administration Services.

The annual cost for the first year of the extension is $358,025, which is the same as the cost for the last year of the current agreement; each year thereafter contains an annual increase of 1.5%. Future year funding is contingent on Council budget approval.

Contract Modification Request
Agreement #
Current
Authorized
Amount
Modified
Request
Amount
Dept Account #
Total Revised
Contract
Amount
10506 $1,699,509 $1,090,267 74800002.534510 $2,789,776
Prepared By: Oles Gordeev, Risk Manager
Approved Forwarded to Council
Attachments:

A. 7.25.17 Staff Report (Attachment A)
B. Intercare Executed Agreement (Attachment B)
C. Intercare Oaks Initiative Disclosure Form

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City Council
Report
City Council Meeting: July 25, 2017
Agenda Item: 3.B
1 of 8
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Risk Management Edward F King, Director, Department of Transportation
Subject: Workers' Compensation Claims Administration Services Recommended Action
Staff recommends that the City Council:

1. Award RFP #105 to Intercare Holdings Insurance Services, Inc., a Californiabased company, for workers’ compensation claims administration services;

2. Authorize the City Manager to negotiate and execute an agreement with Intercare Holdings Insurance Services, Inc. for three years, with two one-year renewal options in an amount not to exceed $1,699,509 over a five-year period, with future year funding contingent on Council budget approval; and

3. Authorize the City Manager to negotiate and execute a first modification to agreement #10234 in the amount of $113,800 with TCS Risk Management Services, LLC, a California-based company, for workers’ compensation data analysis and consulting services. This will result in a five-year amended agreement with a new total amount not to exceed $326,300, with future year funding contingent on Council budget approval.

Executive Summary
The Finance Department and Big Blue Bus (BBB) are requesting to engage in a threeyear pilot program to determine the most cost-effective model for managing workers’ compensation claims. BBB will serve as the test group for the pilot program. As proposed, administration of BBB’s workers’ compensation claims will transfer from inhouse staff in the Risk Management Division of the Finance Department to a private claims administrator, referred to as a “Third Party Administrator” (TPA). Pilot program performance will be evaluated and monitored by BBB and Finance throughout the pilot period.

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 2 of 8
In order to pursue the pilot program, staff from the Finance, BBB and Human Resources Departments solicited formal proposals from TPAs for workers’ compensation claims administration services. Based on this process, staff recommends that the City enter into an agreement with Intercare Holdings Insurance Services, Inc. for an amount not to exceed $1,699,509 over a five-year period. In addition, staff recommends that the City amend its existing contract with TCS Risk Management Services, the City’s workers’ compensation consultant, for assistance with transitioning claims administration services to the TPA and tracking and monitoring the pilot program’s performance. The amendment will cost $113,800 and result in a new agreement amount not to exceed $326,300.

Background
The City’s workers’ compensation costs continue to grow at an accelerated pace. In FY 2017-18 alone, the City’s contributions to the Workers’ Compensation Self-Insurance Fund increased by 50%. Further, contributions are projected to rise by 10% annually thereafter if current claims trends continue. In response to this, the Finance Director convened a Workers’ Compensation Working Group composed of the Assistant City Manager, City Attorney, Human Resources Director, and Risk Manager for the purpose of promoting initiatives to curb the City’s growing workers’ compensation costs. Under the guidance of the Working Group, a variety of pilot cost control projects have been put in place across the City. Examples include the “Wow, That’s Fast” Program, which provides comprehensive case management services to injured sworn personnel and post-job-offer functional capacity testing to ensure prospective employees are capable of safely carrying out essential job functions prior to placement. The most recent idea to emerge from the Working Group involves a BBB/Risk Management Division proposal to contract with a TPA to manage the BBB’s workers’ compensation claims. The idea was intriguing to the Working Group due to the many advantages a reputable and established TPA could have over an in-house program, and it resulted in the development of a three-year pilot program proposal to determine which model is more cost-effective. The details of the pilot program proposal follow.

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 3 of 8
Discussion
The Risk Management Division of the Finance Department is responsible for managing the City’s Workers’ Compensation Program. In this capacity, the Department has relied on in-house personnel to administer workers’ compensation claims since 2001. The decision to use internal or external staff to administer claims is unique to each employer. In 2001, the City selected an internal management model in hopes of improving program outcomes through direct control over claims administration. Over the past two decades, however, TPAs have made advancements in the quality, sophistication, and breadth of services offered to their clients. TPAs also have a variety of advantages over an in-house program like the City’s. A few key examples include:
• TPAs can provide their employees with incentives for consistently exceeding performance targets. Public sector compensation plans are not set up to contemplate incentive plans of this nature.
• Due to size, TPAs have systems in place to automatically redeploy examiner staff when the account’s assigned examiner is out of the office (e.g., vacation, medical/family leaves, etc.). This ensures that claims continue to move forward when the assigned examiner is unavailable. The City’s program is too small to provide this type of back-up.
• TPAs have more resources available to support claims staff and improve outcomes. An established TPA can provide everything from proprietary risk management information systems (RMIS) that offer unique capabilities (e.g., employees can track claim status and medical appointments on smart phones, etc.) to in-house training units devoted to keeping claims staff up-to-date on the latest developments/best practices in the workers’ compensation arena. • TPAs are able to spread their fixed administrative costs (e.g., administrative staff, training, RMIS, office rents, etc.) across all of their clients.

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 4 of 8
Collectively, these advancements and advantages have positioned TPAs to provide very cost-effective claims administration services. This information was presented to the Working Group and prompted their subsequent support for pursuing a pilot program to determine whether the City could benefit from using a TPA to manage its workers’ compensation claims.

Pilot Program Proposal
The Working Group selected BBB to serve as the test group for the pilot program. BBB represents a little over one-quarter of the City’s workers’ compensation open claim inventory and generates roughly 90 to 100 new claims per year. Further, it receives claims from a cross-section of workers that mirrors the City’s total inventory of claims (i.e., claims from workers performing sedentary jobs and physically demanding jobs).

These characteristics, coupled with the BBB’s keen desire to be more involved in managing its workers’ compensation claims, make it the ideal test group in the City for the pilot program.

Once BBB was selected for the pilot, a group of staff from BBB, Finance/Risk Management, and Human Resources was assembled to develop and issue an RFP for claims administration services. The group also established the following parameters for pursuing the pilot program:
• Implementation: The TPA will manage all of BBB’s existing workers’ compensation claims and any new claims received during the pilot period. BBB staff, in turn, will serve as the TPA’s primary contact throughout the pilot program. BBB already handles certain human resources-oriented tasks with internal staff, and as such, is uniquely positioned to effectively oversee the efforts of a TPA.

The balance of the City’s claims will continue to be managed by the City’s inhouse staff in Risk Management. Efforts of the in-house staff previously devoted to BBB will be redeployed to the remaining claim inventory. This will bring down internal staff caseloads to approximately 110 claims per examiner, which is

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 5 of 8
equivalent to the TPA examiner caseload requirements set out in the RFP and considered an industry best practice.
• Ongoing Oversight: BBB, Finance/Risk Management, and Human Resources will work together to closely monitor the TPA’s performance during the pilot period to ensure that any issues with TPA performance are detected and addressed in a timely manner.
• Employee Notification: Injured employees with open workers’ compensation claims will be provided ample notice of the changeover so all questions/concerns can be addressed and all medical services and benefit payments continue without interruption.
• Accounting Arrangements: The BBB’s share of the Workers’ Compensation Self-Insurance Fund’s (Fund 59) assets and liabilities will be calculated and transferred to a newly created fund so that pilot program financial performance can be accurately tracked. Once these figures are available, staff will return to Council for authorization to create a Transit Workers’ Compensation SelfInsurance Fund and transfer the assets/liabilities. • Program Evaluation: BBB and Finance/Risk Management will evaluate the pilot program’s success against a set of objective performance measures (e.g., total cost per claim, lost-time per claim, total open claim inventory, overhead costs per claim, etc.) and subjective performance measures (e.g., employee satisfaction surveys, employee focus groups, etc.) throughout the pilot period and at its conclusion. BBB and Risk Management will be responsible for reporting out at regular intervals to the Working Group on the pilot program’s performance. At the conclusion of the three-year pilot period, the Working Group will make a recommendation to the City Council as to whether the TPA contract should be terminated, extended for BBB only (thus the inclusion of the two, one-year

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 6 of 8
renewal options), or possibly expanded to include a larger segment of the City’s workers’ compensation claims.

TPA Selection Results
On March 7, 2017, the City published an RFP for workers’ compensation claims administration services for the BBB. The RFP was posted on the City’s online bidding site and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. 373 potential firms were notified of the RFP and 31 downloaded the bid. The following seven firms submitted a response:

AdminSure Inc.; Athens Administrators; Broadspire Services Inc.; CorVel Corporation; Intercare Holdings Insurance Services, Inc.; Tristar Risk Management; and York Risk Management Services.

An evaluation panel comprised of staff from BBB, Finance/Risk Management, and Human Resources evaluated all seven RFP responses based on the criteria in SMMC

2.24.073, including price, staffing commitment, understanding of program goals and objectives, references/experience, incentive plan commitment, and value-added services. The panel used the criteria to narrow the field to four firms who were invited to make on-site presentations. The interviews confirmed all four of the firms were capable of competently fulfilling the RFP’s scope of work and offered competitive pricing and value-added services. On balance, however, Intercare Holdings Insurance Services offered the best combination of staffing, transit claim experience, references, and price.

Therefore, staff recommends Intercare Holdings Insurance Services as the bestqualified firm to provide the claims administration services requested in the RFP.

Contracted Services Policy
While the City’s Contracted Services Policy contemplates physical or manual work as opposed to professional services, the intent of the policy, coupled with its evaluation criteria, provided staff with guidance for assessing the appropriateness of pursuing the pilot program. Specifically, the proposal contained in this staff report meets the “spirit” of at least five of the criteria set out in the policy: 1) it is a pilot program; 2) the City would benefit cost-wise from the contractor’s economies of scale; 3) the contractor is

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 7 of 8
better positioned to respond to workload fluctuations; 4) the contractor is equipped with back-up staffing options; and 5) the contractor’s performance can be measured through objective means. In light of this, staff determined that pursuit of the pilot program was consistent with the Council’s policy for contracting out services.

TCS Contract
The City currently has an agreement in place with TCS Risk Management Services, LLC for workers’ compensation consulting services. The contract was awarded to TCS by the City Council at its December 2015 meeting (attachment A) after engaging in a competitive selection process. TCS provides Risk Management with indepth quarterly analyses on the financial and operational performance of the Workers’ Compensation Program. Staff is requesting to amend TCS’s agreement to include assistance with developing the pilot program’s performance measures, transitioning claims administration services to the TPA, and monitoring pilot program performance. This assistance will ensure the TPA transition goes smoothly for staff and injured workers, and BBB and Risk Management are able to closely and accurately monitor the pilot program’s performance. The contract amendment will cost $113,800.

Financial Impacts and Budget Actions
The agreement to be awarded to Intercare Holdings Insurance Services, Inc. is for an amount not to exceed $1,699,509 over a five-year period. FY 2017-18 contract costs total $327,900. Further, the agreement modification to be awarded to TCS Risk Management Services, LLC is $113,800 for an amended agreement total not to exceed $326,300. This will increase the FY 2017-18 contract costs by an additional $41,067.

Funds for the initial payments required in FY 2017-18 for both agreements have been budgeted in the Workers’ Compensation Self-Insurance Fund (Fund 59) in account 59235.555060. Once the Transit Workers’ Compensation Self-Insurance Fund referenced in the “Discussion” portion of this staff report is created (September 2017), the new Transit Workers’ Compensation Self-Insurance Fund will reimburse Fund 59 for all costs incurred to date for these two agreements. All subsequent expenses for the Intercare agreement will be paid out of the Transit Workers’ Compensation SelfInsurance Fund. All subsequent expenses for the TCS agreement will be paid out of

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) 8 of 8
Fund 59. However, each year, the Transit Workers’ Compensation Self-Insurance Fund will reimburse Fund 59 for its share of TCS’s expenses. Future funding for both agreements is contingent on Council budget approval.

Prepared By: Deb Hossli, Risk Manager
Approved Forwarded to Council
Attachments:

A. December 15, 2015 Staff Report
B. Intercare Holdings Insurance Services Inc Oaks Form

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Attachment: 7.25.17 Staff Report (Attachment A) (5188 : Workers' Compensation Claims Administration Services) Contract No. 10506 (CCS)

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement"), entered into as of S119� · f � , 20JJ_ ("Execution Date"), by and between the City of Santa Monica ("City'� and Intercare Holdings Insurance Services, Inc. ("INTERCARE"), is made with reference to / the following:

RECITALS:

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

B. INTERCARE is qualified to do business, and is doing business, in the State of California. INTERCARE represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on August 31, 2020 unless sooner terminated in accordance with Section 14. The City may, in its sole discretion, extend the term of this Agreement for up to two (2) additional one (1) year periods (each an "Extension Term").

2. INTERCARE Services. INTERCARE will perform all of the services ("Services") described in Exhibit A, Request for Proposal, Exhibit B, INTERCARE's Proposal, Exhibit C, INTERCARE's Oral Presentation Proposal, and Exhibit D, Scope of Services. INTERCARE will complete the Services in accordance with Exhibit E, Budget.

3. City Services. The City agrees to:

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

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

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

4. Compensation. The City will compensate INTER CARE for the Services performed in an amount not to exceed Nine Hundred Ninety-Three Thousand Fifty Three Dollars - 1 -
January 2017

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services) ($993,053), as set forth in Exhibit E. The total compensation for this agreement including any Extension Terms shall not exceed One Million, Six Hundred NinetyNine Thousand, Five Hundred Nine Dollars ($1,699,509).

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

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

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

Big Blue Bus
1660 7
th Street
Santa Monica, California 90401-3324
Attention: Chief Administrative Officer
Re: Contract No. 10506
with a copy to:

Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10506

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

INTER CARE
P.O. Box 5915
Orange, CA 92563 USA
Attention: Agnes Hoeberling, Chief Operating Officer
Re: Contract No. 10506

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct ofINTERCARE or any ofINTERCARE's agents, employees, or subconsultants, except as otherwise provided in this Agreement.

8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. - 2 -
January 2017

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services) Exhibit E
Budget
INTERCARE will be compensated in an amount not to exceed $1,699,509 as shown below:

Year 1 Year 2 Year 3 Year4 Year 5 Notes
Base Fee $272,225 $280,617 $289,260 $298,163 $307,333 1 Performance $7,500 $7,500 $7,500 $7,500 $7,500 2
Guarantee
Incentive $5,000 $5,000 $6,000 $7,500 $7,500 3
Program
MPN Fee $1,500 $1,545 $1,591 $1,639 $1,688
MMSEAFee $600 $618 $637 $656 $675 5
Database $4,575 $2,000 $2,122 $2,185 $2,251 6
Storage
Data Transfer $11,500 $5,250 $5,513 $5,788 $6,078 7
Contingency $25,000 $25,000 $25,000 $25,000 $25,000 8
Total $327,900 $327,530 $337,623 $348,431 $358,025
Grand Total $1,699,509
Notes
• 1 -Annual Base Fee: The annual base fee will be paid monthly in twelve equal installments.
• 2 -Annual Performance Guarantee: The City will compensate INTER CARE up to $7,500 per contract year, pursuant to terms established in Section 2 of Exhibit D, Scope of Work, for meeting its annual performance guarantee objectives. • 3 -Annual Incentive Program: The City will compensate INTERCARE up to the amounts established in the above chart per contract year, pursuant to the terms established in Section 3 of Exhibit D, Scope of Work, for meeting its "stretch" performance objectives.
• 4 -Annual Medical Provider Network (MPN) Access Fee: The City will compensate INTERCARE if it opts to participate in INTERCARE's MPN in

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

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Attachment: Intercare Executed Agreement (Attachment B) (5188 : Workers' Compensation Claims Administration Services)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTH ERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTH ER BENEFITS FROM TH E CITY OFSANTA MONICA
Santa Monicajsvotersadopted a CityCharteramendmentcommonlyknown as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and informationabouttheInitiativejsrequirements. YoumayobtainafullcopyoftheInitiativejs textfrom theCityClerk.

Thisinformation isrequired byCityCharterArticleXXIIgTaxpayerProtection. It prohibitsapublicofficialfrom receiving, andapersonorentityfrom conferring, specified personalbenefitsorcampaignadvantagesfrom apersonorentityaftertheofficialvotes, orotherwisetakesofficialaction, toawardahpublicbenefiti tothatpersonorentity. The prohibitionapplieswithinandoutsideofthegeographicalboundariesofSantaMonica.

Allpersonsorentitiesapplyingorreceivingpublicbenefitsfrom theCityofSanta Monicashallprovidethenamesoftrustees, directors, partners, andofficers, andnames ofpersonswith morethana 10% equity, participationorrevenueinterest. Anexception existsforpersonsserving in those capacitiesasvolunteers, withoutcompensation, for organizations exemptfrom income taxes underSection 501(c)(3), (4), or(6), ofthe InternalRevenueCode. H owever, thisexceptiondoesnotapplyiftheorganizationisa politicalcommitteeorcontrolspoliticalcommittees. Examplesofahpublicbenefiti include public contractsto provide goods orservices worth more than $25,000 ora land use approvalworthmorethan$25,000 overa12-monthperiod.

InordertofacilitatecompliancewiththerequirementsoftheOaksInitiative, theCity compilesand maintainscertain information. Thatinformation includesthe name ofany personorpersonswhoisseekingahpublicbenefit.i Ifthehpublicbenefiti issoughtbyan entity, ratherthananindividualperson, theinformationincludesthenameofeveryperson whois: (a) trustee, (b) director, (c) partner, (d) officer, orhas(e) morethanatenpercent interestintheentity. Therefore, ifyouareseekingahpublicbenefiti coveredbytheOaks Initiative, youmustsupplythatinformationontheOaksInitiativeDisclosureForm. This informationmustbeupdatedandsuppliedevery12 months.

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Attachment: Intercare Oaks Initiative Disclosure Form (5188 : Workers' Compensation Claims Administration Services)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In orderto facilitate compliance with the requirementsofthe OaksInitiative, the City compilesandmaintainscertaininformation. Thatinformationincludesthenameofany personorpersonswhoisseekingahpublicbenefit.i Ifthehpublicbenefiti issoughtby anentity, ratherthananindividualperson, theinformationincludesthenameofevery personwhois: (a) trustee, (b) director, (c) partner, (d) officer, orhas(e) morethanaten percentinterestintheentity.

Publicbenefitsinclude:

1. Personalservicescontractsinexcessof$25,000 overany12-monthperiod;

2. Saleofmaterial, equipmentorsuppliestotheCityinexcessof$25,000 overa12- monthperiod;

3. Purchase, saleorleaseofrealpropertytoorfrom theCityinexcessof$25,000 overa12- monthperiod;

4. Non-competitivefranchiseawardswithgrossrevenueof$50,000 ormoreinany 12-monthperiod;

5. Landusevariance, specialusepermit, orotherexceptiontoanestablishedland useplan, wherethedecisionhasavalueinexcessof$25,000;

6. Taxhabatement, exception, orbenefiti ofavalueinexcessof$5,000 inany12- monthperiod;or

7. PaymentofhcashorspeciRi ofanetvaluetotherecipientof$10,000 inany12- monthperiod.

Name(s) ofpersonsorentitiesreceivingpublicbenefit:

Name(s) oftrustees, directors, partners, andofficers:

Name(s) ofpersonswithmorethana10% equity, participation, orrevenueinterest:

Preparedby: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract# ____________________________ Permit# ___________________________ JodiEllington CFO
07/17/2021
jellington@ ihiservices.com 9 16-677-2114
PacificSecuredEquities, DBA IntercareH oldingsInsuranceServices, Inc.

GeorgeW . McCleary, Director
AgnesR H oeberling, CEO
AlanAvriett, Secretary
JodiEllington, CFO
N/A

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Attachment: Intercare Oaks Initiative Disclosure Form (5188 : Workers' Compensation Claims Administration Services) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.F
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements
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.

Executive Summary
In response to Federal, State, and County official and health agency guidance, on behalf of the City, the City Manager declared a Local Emergency on March 13, 2020 due to the COVID-19 global pandemic. Council initially ratified the Proclamation of Local Emergency on March 19, 2020, and re-ratified on April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021 effective May 22, 2021, July 13, 2021, August 24, 2021, October 26, 2021, December 7, 2021, March 8, 2022, and May 24, 2022. As the City’s Director of Emergency Services, the City Manager has issued a total of 43 supplements to the Executive Order, with specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.

On March 4, 2020, Governor Newsom issued a proclamation that suspended and waived the 60-day time period in Government Code 8630 within which local governmental authorities must renew a local emergency for the duration of this statewide emergency. Nonetheless, it remains a best practice for the City Council

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to ratify all supplements to the Executive Order as soon as practicable pursuant to SMMC section 2.16.100, which requires that “rules and regulations” issued by the Director of Emergency Services be “confirmed at the earliest practicable time by the City Council.” In addition, the City’s Forty-Third Supplement to its Local Emergency Order, which extended the supplements in place through December 31, 2022, requires the City Council to ratify the need for continuing the local emergency due to COVID-19 every 60 days. Accordingly, this staff report recommends re-ratifying the Proclamation of Local Emergency as of July 23, 2022 (the date 60 days from the last ratifying resolution on May 24, 2022), as well as reratifying all of the previously ratified supplements that remain in effect and the one additional supplement that was issued on June 29, 2022, but which has not yet been ratified.

Discussion
The novel coronavirus (“COVID-19”) has spread across the globe since the first cases were reported in January 2020. The Centers for Disease Control and Prevention stated that certain populations were at particular risk from COVID-19 and that widespread transmission would result in large numbers of people needing medical care at the same time, affecting our healthcare systems and other critical infrastructure. The World Health Organization (WHO) described the outbreak as a “public health emergency of international concern” on January 30, 2020.

In response, federal, state, and local authorities took action. On March 4, 2020, Governor Newsom declared a state of emergency to make additional resources available, formalize emergency actions already underway, and help the State prepare for the broader spread of COVID-19. That same day, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19. WHO upgraded COVID-19 to a pandemic on March 11, 2020.

On March 13, 2020, the City of Santa Monica issued a local emergency proclamation in response to the COVID-19 public health emergency (Exhibit A) and on March 14, 2020, a revised local emergency proclamation to comport with all digital signature requirements (Exhibit B). The proclamation enhanced the City’s ability to access federal and state dollars for COVID-19 response.

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On March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures. Since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19.

The Director of Emergency Services has issued 43 separate supplements to the Executive Order of March 13, 2020. Most recently, on May 24, 2022, the City Council re-ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, TwentyNinth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, and FortySecond Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected ThirtyFourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through December 31, 2022 or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual supplement.

The emergency proclamation and its supplements were issued by the City Manager and Interim City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code 2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council has previously approved resolutions on March 19, 2020, April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021, May 25, 2021 (effective as of May 22, 2021), July 13, 2021, August 24, 2021, October 12, 2021, December 7, 2021, March 8, 2022, and May 24, 2022, ratifying the earlier supplements.

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Staff now request that Council adopt the attached resolution ratifying, as of July 12, 2022, the Executive Order, and the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, TwentyEighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, Forty-First, FortySecond, and Forty-Third Supplemental Orders, issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency.

Fiscal Impacts
None.

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

A. EO Resolution (July 12)
B. Supplement_43_-_Local_Emergency_-_COVID
C. Ex A-Proclamation-Local Emergency-COVID 03.13.2020
D. Ex B-Proclamation-Local Emergency-COVID 03.14.2020

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1 City Council Meeting: July 12, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

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

MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL

EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in respondingto COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 2 already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on, before, and after March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and WHEREAS, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures, and

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 3 WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 43 separate supplements to the Executive Order; and
WHEREAS, on multiple occasions since the Director of Emergency Services issued the Executive Order on March 13, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services; most recently, on May 24, 2022, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, TwentySeventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty- Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, ThirtyNinth, Fortieth, Forty-First, and Forty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty- Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through December 31,

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 4 2022, or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual supplement; and WHEREAS the findings included in each Executive Order and Supplement to the Executive Order referenced herein are included herein as if stated in full; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have issued public health recommendations that continue to include public health precautions in addition to vaccination to protect public health and prevent transmission of this communicable virus; and
WHEREAS, as stated in the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, and ratified by the City Council on March 19, 2020, April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021, effective May 22, 2021, July 13, 2021, August 24, 2021, October 12, 2021, December 7, 2021, March 8, 2022, and May 24, 2022, the City Council finds that as of July 12, 2022, and continuing past that date, the above-described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS in the interest of public health and safety, as affected by the global, national, state, and local emergency caused by the spread of COVID-19, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 5 Municipal Code to ratify the actions of the Director of Emergency Services related to the protection of life and property.

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

SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (Exhibit A) is hereby ratified.

SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit B) is hereby ratified.

SECTION 3. The Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 4. The Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 6. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 6 SECTION 7. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 8. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 9. The Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 10. The Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 11. The Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 12. The Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 13. The Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 7 SECTION 14. The Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 15. The Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 16. The Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 17. The Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 18. The Twenty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 19. The Twenty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 20. The Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 8 SECTION 21. The Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 22. The Twenty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 23. The Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 24. The Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 25. The Thirty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 26. The Thirty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 27. The Thirty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 9 SECTION 28. The Corrected Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 29. The Thirty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 30. The Thirty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 31. The Thirty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 32. The Thirty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 33. The Fortieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 34. The Forty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

SECTION 35. The Forty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 10 SECTION 36. The Forty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is hereby ratified.

SECTION 37. It is hereby proclaimed that a local emergency now exists, and as of July 12, 2022 existed, throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 38. The City Council authorizes the City Manager, in his capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the spread of COVID-19.

SECTION 39. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 40. The Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, TwentyThird, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty- Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, Forty-First, and Forty5.F.a Packet Pg. 87
Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 11 Second Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty- Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Forty-Second, and Forty-Third Supplements shall remain in effect until December 31, 2022 or the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual Supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto.

SECTION 41. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional.

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 12 SECTION 42. 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

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Attachment: EO Resolution (July 12) [Revision 1] (5220 : Covid Reso and Proclamation) 1 Office of the City Manager

FORTY-THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR

OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social distancing measures, and
WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
DocuSign Envelope ID: 1BD15801-AC89-4CC7-85E1-46A08C40C804

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Attachment: Supplement_43_-_Local_Emergency_-_COVID (5220 : Covid Reso and Proclamation) 2 WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 42 separate supplements to the Executive Order; and
WHEREAS, on multiple occasions since the Director of Emergency Services issued the Executive Order on March 13, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services; most recently, effective as of May 7, 2022, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, ThirtySeventh, Thirty-Ninth, Fortieth, Forty-First, and Forty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, and FortySecond Supplements, be operative and remain in effect through June 30, 2022, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on January 27, 2022, the Director of Emergency Services issued a FortySecond Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (the “Forty-Second Supplement”), which, among other things, amended and restated COVID-19 tenant protections, including eviction protections for evictions based on no-fault reasons, nuisance or unauthorized occupants or pets, and denial of entry; remedies for violations of eviction protections; protections related to tenant harassment; eviction reporting requirements for landlords; and a prohibition on deception by landlords in connection with these rights and obligations; and
WHEREAS, on January 25, 2022, Los Angeles County adopted the Resolution Further Amending and Restating the County of Los Angeles COVID-19 Tenant Protections, which states that it applies to incorporated cities within the County but does not preclude an incorporated city within the County from imposing greater protections; and which, among other things, implements an eviction moratorium from February 1, 2022 through May 31, 2022 for evictions based on specified grounds, including no-fault eviction reasons except for qualified owner moveins, nuisance or unauthorized occupants or pets, and denying entry to the landlord; and which implements an eviction moratorium from June 1, 2022 through December 31, 2022 for evictions based on specified grounds, including nonpayment of rent for qualified households, no-fault reasons except for certain owner move-ins, and nuisance or unauthorized occupants or pets; and WHEREAS, as of June 1, 2022, the eviction moratorium implemented by Los Angeles County does not apply to evictions based on denial of entry of the landlord; and tenants and landlords may take reasonable precautions to reduce the risk of transmitting COVID-19 during an entry; and existing local and state law continue to regulate landlord entries; and DocuSign Envelope ID: 1BD15801-AC89-4CC7-85E1-46A08C40C804

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Attachment: Supplement_43_-_Local_Emergency_-_COVID (5220 : Covid Reso and Proclamation) 3 WHEREAS, for the reasons stated in the recitals to the Forty-Second Supplement, which are incorporated by this reference as though fully set forth herein, the City’s ability to effectively enforce COVID-19 tenant protections and monitor how many evictions and endeavors to evict occur in Santa Monica is critical to protect the public health and safety during this local emergency; however, in alignment with the County’s eviction protections, it is no longer warranted to apply the eviction moratorium to evictions based on denial of entry of the landlord, particularly where tenants and landlords may take reasonable precautions to reduce the risk of transmitting COVID-19 during an entry and where existing local and state law continue to regulate landlord entries; 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, as of June 28, 2022, the Los Angeles County Department of Public Health has confirmed 3,105,867 cases of COVID-19 in Los Angeles County and has continued to advise that public health measures remain required to prevent the further spread of COVID-19; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section

2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property.

NOW, THEREFORE, I, David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council.

IT IS HEREBY ORDERED THAT:

A. Extension of Emergency Supplements

1. Subject to the exceptions stated in Section 2 of this Order; Section 2 of the Nineteenth Supplement issued June 29, 2020; Sections 6 and 7 of the Thirty-First Supplement issued December 22, 2020; Sections 8 through 11 of the Corrected Thirty-Fourth Supplement issued March 24, 2021; Sections 2 and 3 of the Thirty-Fifth Supplement issued April 27, 2021; Sections 19 and 20 of the Thirty-Sixth Supplement issued May 18, 2021; Sections 2, 3, and 4 of the Thirty-Seventh Supplement issued June 24, 2021; Section 2 of the Thirty-Ninth Supplement issued July 14, 2021; and Sections 2 and 4 of the Forty-Second Supplement issued on January 27, 2022, the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, DocuSign Envelope ID: 1BD15801-AC89-4CC7-85E1-46A08C40C804

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Attachment: Supplement_43_-_Local_Emergency_-_COVID (5220 : Covid Reso and Proclamation) 4 Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, ThirtySecond, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, ThirtySeventh, Thirty-Ninth, Fortieth, Forty-First, and Forty-Second Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or December 31, 2022, provided that City Council ratifies the need for continuing the local emergency due to COVID19 every 60 days. At that time, the foregoing Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto.

2. Section 5(e) of the Forty-Second Supplement issued on January 27, 2022, which provides, subject to specified exceptions, that a residential tenant shall not be evicted on the ground that such tenant denied entry to the landlord into the rental unit, is not extended and shall have no force and effect as of the effective date of this Order.

B. General Provisions

3. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services, this Order shall remain in effect until, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or December 31, 2022, provided that City Council ratifies the need for continuing the local emergency due to COVID-19 every 60 days.
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DocuSign Envelope ID: 1BD15801-AC89-4CC7-85E1-46A08C40C804

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Attachment: Supplement_43_-_Local_Emergency_-_COVID (5220 : Covid Reso and Proclamation) 5 4. If any section, subsection, sentence, clause, or phrase of this Order 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 Order. The City Manager hereby declares that he would have issued this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order, and each and every section, subsection, sentence, clause, or phrase of this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order not declared invalid or unconstitutional, without regard to whether any portion of this Order, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional.

ADOPTED this 29th day of June 2022.

By: _________________________

DAVID WHITE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
___________________________ ______________________

DENISE ANDERSON-WARREN DOUGLAS SLOAN
City Clerk City Attorney
DocuSign Envelope ID: 1BD15801-AC89-4CC7-85E1-46A08C40C804

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Attachment: Supplement_43_-_Local_Emergency_-_COVID (5220 : Covid Reso and Proclamation)

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE

CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:

That international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARSCoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death; and That the Centers for Disease Control and Prevention has stated that certain populations face elevated risk and widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “public health emergency of international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and
That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and

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Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5220 : Covid Reso and Proclamation) That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

ADOPTED this 13th day of March 2020.

By: _________________________

RICK COLE
City Manager
Director of Emergency Services

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Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5220 : Covid Reso and Proclamation) ATTEST:
___________________

DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by the City Council.

APPROVED AS TO FORM:
______________________

LANE DILG
City Attorney

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Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5220 : Covid Reso and Proclamation) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE

That international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARSCoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death; and That the Centers for Disease Control and Prevention has stated that certain populations face elevated risk and widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “public health emergency of international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

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Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5220 : Covid Reso and Proclamation) 2 That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and
That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a proclamation of local emergency to declare the existence of a local emergency; and That this revised proclamation is issued as an additional precaution and out of an abundance of caution in accordance with laws related to use of digital signatures; and DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

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Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5220 : Covid Reso and Proclamation) 3 That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City.

ADOPTED this 14th day of March 2020.

By: _____________________________

RICK COLE
City Manager
Director of Emergency Services
ATTEST:
___________________

APPROVED AS TO FORM:
______________________

LANE DILG
City Attorney
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060

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Packet Pg. 100 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5220 : Covid Reso and Proclamation) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.G
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Approval of First Modification to Agreement #11181 with Montrose Environmental for additional Operation, Maintenance, and Monitoring of the Landfill Gas Management System
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #11181 in the amount of $300,000 with ES Engineering Services DBA Montrose Environmental for the operation, maintenance, and monitoring of the Landfill Gas Management System for the Public Works Department.

This will result in a five-year amended agreement with a new total amount not to exceed $1,015,211, with future year funding contingent on Council budget approval.

Summary
The City has continuously operated a landfill gas extraction (LFG) and treatment system since 1998 to monitor methane levels and to maintain safe environmental conditions for the nearby Pico Neighborhood residents, Gandara park users, and City staff who work at the Municipal Yards. Oversight of the LFG is performed by a licensed independent contractor, ES Engineering Services DBA Montrose Environmental, who maintains, operates, and manages the LFG system in strict accordance with permits from the County of Los Angeles’ Department of Health Services (DHS) and the South Coast Air Quality Management District (SCAQMD). The permits require routine monitoring and maintenance of a perimeter probe network, ambient air quality above the landfill, and control system operation. Compliance reports are submitted to the DHS and SCAQMD on a quarterly basis. In June of 2021, the City conducted a competitive selection process and entered into an agreement with ES Engineering Services DBA Montrose

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Environmental for routine maintenance and operation of the LFG system. City staff have identified additional operational, maintenance, and monitoring needs to keep the LFG system running efficiently and effectively. This new work is additive to the original scope of services that was approved by Council in 2021. In order for the City to complete system enhancement projects, staff is recommending amending the existing agreement with ES Engineering Services DBA Montrose Environmental.

Discussion
The City has been actively monitoring methane levels at the former landfill site since 1996. California Title 27 regulations for control of LFG adopted in 1997 required an LFG Control System to be installed to control gases generated by the decomposition of the landfill material. An interim LFG Control System was installed in 1998 and construction of a permanent LFG Control System was completed in the fourth quarter of 2000.

The objectives of the LFG Control System are:
• Reduce methane concentrations within the landfill;
• Reduce methane concentrations in native soils surrounding the landfill; • Reduce methane concentrations in identified utility trenches; and • Maintain methane concentrations in perimeter subsurface detection probes outside the landfill below the regulatory action level of five percent methane by volume or 50,000 parts per million.

Over the past 24 years, the LFG has observed predominantly safe methane levels in all of the system’s 37 sub-surface probe monitors, including a network of monitoring probes and gas extraction wells that specifically monitor methane levels adjacent to the Mountain View Mobile Home Park. This record demonstrates that methane levels – both underground and in the ambient air environment – are generally below the regulatory compliance threshold of 5%, with a few isolated exceptions. Overall, the site generates a low volume of methane. This can be attributed to the landfill being over 50 years old and to the composition of the waste landfilled, which was predominantly construction

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debris such as concrete blocks, bricks, and wood. Based on the volume and type of waste in place and the known time the landfill was in operation, landfill modelling indicates that the landfill’s current ability to generate methane is very low and will continue to decrease over time due to the low levels of organic materials buried in the landfill.

Today, landfill gas levels remain relatively stable at the former landfill site; however, some anomalies have been recorded at a handful of locations within the Municipal Yards that exhibit temporary increases in methane levels and momentarily exceed the regulatory threshold. These anomalies are believed to be caused by excess moisture in the landfill due to above average rainfall, a main water line that leaked into the subsurface soil, and site construction activities over the past year. Increased moisture and saturation of organic materials increases the production of methane via methanogenesis (anaerobic digestion). These temporary increases can be remedied by adjustments to the LFG mechanical network and/or through expansion of the control system. Hence, Public Works is proposing to add additional scope to the ES Engineering Services DBA Montrose Environmental contract beyond the routine maintenance and monitoring of the LFG system to include the following enhancement activities:
• Install vertical extraction well LFG-11 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report;
• Install vertical extraction well LFG-12 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report;
• Install 25 hp blower & motor including obtaining permits, labor, travel, all materials and equipment;
• Install a new Alarm Call Out system, upgrade control panel and run new conduit and wires, install float sensor on entrainment tank and wire high level sensors to control panel. Includes obtaining permits, labor, travel, all materials and equipment; and

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• Raise probes PP-5R, PP-14 and header access vault for accessibility.

If approved, Public Works, through ES Engineering Services DBA Montrose Environmental, would need to prepare and submit applications and obtain permits from the LACDPH and SCAQMD for the installation of the new wells and all necessary trenching and piping connections to the original system. In addition, the City would need to prepare a Workplan and Health & Safety Plan to monitor all construction activities at the site during installation of the new mechanical equipment.

Past Council Actions
Meeting Date Description
10/26/2021
(attachment A)
Landfill Gas Study Session
7/27/2021
(attachment B)
Original RFP bid and award of agreement with ES
Engineering Services DBA Montrose Environmental for
services related to the operation, maintenance, and
compliance sampling and reporting for the City’s Landfill Gas Control System
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of contract with ES Engineering Services DBA Montrose Environmental for services related to the operation, maintenance, and compliance sampling and reporting for the City’s Landfill Gas (LFG) Control System. Funds are available in the FY 2022-23 Capital Improvement Program Budget for this project.

Contract Request
Agreement
#
Current
Authorized
Amount
FY 2022-23
Modification
Request
Amount
Dept/CIP Account #
Total Revised
Contract
Amount
11181 $715,211 01500020.550010 $715,211
11181 $300,000 C0104580.689000 $300,000
$715,211 $300,000 Total $1,015,211

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Prepared By: James Velez-Conway, Senior Sustainability Analyst Approved Forwarded to Council
Attachments:

A. 4576 LFG Study Session
B. Executed-ES_Engineering_Contract_Sept_2021.docx
C. Santa Monica LFG Wells & System Upgrades Proposal 20220615 D. ES Engineering Oaks Initiative Form MEG2-signed

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Executive Summary
The City of Santa Monica operated a landfill from 1948 to 1970. The facility was closed and capped with three to five feet of cover soil in 1970. In order to comply with new regulatory requirements for landfills, a Landfill Gas Control and Treatment System (LFG Control System) was installed in 1998 to monitor and control methane and other landfill gases. This report provides a summary of the inactive landfill site located beneath Gandara Park and portions of the Municipal City Yards located at 2500 Michigan Avenue and a description of the LFG Control System, the regulatory requirements, and recent monitoring results. The LFG Control System has been in continuous operation since 1998 to monitor methane levels and to maintain safe environmental conditions for nearby residents, park users, and City staff who work at the Yards. Oversight of the LFG Control System is performed by a licensed independent contractor, Montrose Environmental, that maintains, operates, and manages the LFG Control System in strict accordance with permits from the County of Los Angeles Department of Public Health (LADPH) and the South Coast Air Quality Management District (SCAQMD). The permits require routine monitoring and maintenance of a perimeter probe network, LFG extraction wells, and the LFG Control System. Additionally, the air above the landfill surface and the interiors of the City Buildings are monitored for LFG. Compliance reports are submitted to the LADPH and SCAQMD on a quarterly basis.

Over the past 20 years, the LFG monitoring results indicate predominantly safe methane levels in all of the system’s 37 subsurface LFG detection probes, including a network of monitoring probes that specifically monitor methane levels adjacent to the Mountain View Mobile Home Park. In several instances, anomalies have been recorded at a handful of locations that exhibit temporary increases in methane levels that exceed the regulatory threshold of 5% by volume. These anomalies can generally be remedied by adjustments to the LFG mechanical network, or through expansion of the control system. A planned expansion is currently underway to address a recent anomaly associated with utility work and construction activities at the City Yards.

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Packet Pg. 106 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Background
Landfill Background
In 1904, the Simons Brick Company established a factory to manufacture pottery, brick, tile and clay shingles alongside the Southern-Pacific tracks and adjacent to the Sunset Brick and Tile Manufacturing Company. The operations included a large clay mining pit located at present day Gandara Park and portions of the City Yards. This local resource provided materials for the construction of many buildings in the Bergamot area and West Los Angeles.

Following the closure of the clay mine in the 1940’s, the site transitioned to a landfill that was primarily used for the disposal of construction debris composed of wood, cement, metal, gypsum, and other construction related materials. Based on the historic aerial photos it appears that municipal solid waste (residential trash) was disposed at this location from approximately 1949 to 1952. The western portion of the pit remained unfilled until approximately 1964, at which time it also appears to have been predominantly filled with construction debris. At the time of the landfill’s closure in 1970, it is estimated that it contained approximately 300,000 cubic yards of refuse. It is estimated that the pit was a maximum of 30 to 35 feet deep at its southern edge and considerably shallower along the northern edge (about 3 to 5 feet deep.) A layer of approximately 3 to 5 feet of soil was reportedly used as a landfill cover material at the site.

Figure 1: Approximate Boundary of the Landfill from 1977

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Packet Pg. 107 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Discussion
The City has been actively monitoring methane levels at the former landfill site since 1996. California Title 27 regulations for control of LFG adopted in 1997 required a LFG Control System to be installed to control gases generated by the decomposition of the landfill material. An interim LFG Control System was installed in 1998. Construction of the permanent LFG Control System that incorporated the interim system was completed in the fourth quarter of 2000. The primary LFG components are methane and carbon dioxide. Methane gases are the primary subject of this report, as methane is flammable and thus presents safety considerations.

The objectives of the LFG Control System are:
• Reducing methane concentrations within the landfill;
• Reducing methane concentrations in native soils surrounding the landfill; • Reducing methane concentrations in identified utility trenches; and • Maintaining methane concentrations in perimeter subsurface detection probes outside the landfill below the regulatory action level of five percent methane by volume or 50,000 parts per million.

Five percent represents the lower flammability limit (LFL) for methane, which is the lowest concentration of gas capable of producing a spark or flash of fire in the presence of an ignition source. With methane concentration levels below the LFL, the gas would be too lean to burn.

LFG Control System – How it Works
The system includes the following major components:
• Monitoring Probe Network: consisting of 37 subsurface probes for monitoring LFG.
• Extraction Well Network: consisting of ten vertical wells that extract LFG from the landfill.
• Conveyance Piping: consisting of underground piping to collect and transport LFG from the extraction wells to the treatment compound. • Treatment Equipment: consisting of multiple systems that treat the collected LFG before it is discharged to the atmosphere through a 26-foot-high stack.

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Packet Pg. 108 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Regulatory Compliance – Why We Have the Landfill Gas Control and Treatment System
Policy decisions made 80 years ago provided for a landfill to be located in the presentday Pico Neighborhood. Operations at the landfill ceased in 1970 and, in 1996, the City was compelled to begin monitoring the site due to changes in the California Code of Regulations. In order to control exposure to potential LFG emissions, the LFG Control System was installed in 1998 and expanded in 2000. The LFG Control System was approved and permitted by the SCAQMD and LACDPH. These permits require the following monitoring and maintenance activities:
• Bi-weekly Activities:
o Check the treatment vessels outlet for volatile organic compounds (VOCs) and schedule a media replacement if VOCs exceeds 20 parts per million (ppm).
o Check the blower and equipment for any LFG leaks and to ensure it is operating properly.
o Check the condensate tank for remaining capacity to ensure it will be pumped out and hauled away.
• Quarterly Activities:
o Monitor the vacuum methane, oxygen, carbon dioxide, and hydrogen sulfide in all 10 LFG extraction wells and make adjustments, if necessary. o Monitor the methane and pressure in all 37 probes (many of which have multiple depths).
o Collect a composite sample of air from within three inches of the ground throughout Gandara Park and have it analyzed by a certified laboratory for methane and VOCs to ensure the total methane emissions in the park do not exceed 25 ppm.
o Conduct instantaneous surface monitoring (ISM) for methane within three inches of the ground surface throughout Gandara Park.
o Conduct ISM indoors throughout the City Yards buildings to check for LFG in the buildings.
o Report findings to SCAQMD and LACDPH.
• Annual Activities:
o Collect LFG system outlet and inlet samples and have a certified laboratory analyze them for hydrogen sulfide, methane, and VOCs to check the functioning of the treatment system and ensure it is working

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Packet Pg. 109 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) properly.
o Collect a perimeter probe sample for VOC analysis at a certified laboratory.

The continuous monitoring of the former landfill site has produced a record going back nearly 25 years. As a whole, this record demonstrates that methane levels – both underground and in the ambient air environment – are generally below the regulatory compliance threshold of 5%, with a few isolated exceptions that are described in this report in more detail. Overall, the site generates a low volume of methane. This can be attributed to the landfill being over 50 years old and to the composition of the waste landfilled, which was predominantly construction debris such as concrete blocks, bricks, and wood. Based on the volume and type of waste in place and the known time the landfill was in operation, landfill modelling indicates that the landfill’s ability to generate methane is very low and will continue to decrease over time.

Community Concerns About Methane and Environmental Justice Over the years, concerns have been expressed by the community over the presence of LFG and its potential impact on the human environment. As part of the former landfill sits beneath a public park, concerns have been raised about the effects of emissions on families and children and the potential for the vented methane to combust. Similar concerns have been expressed by the neighboring residential community living adjacent to the former landfill site at Mountain View Mobile Home Park.

The City closely monitors the LFG to track methane levels to a high degree of accuracy, provide a historical record, and ensure a stable and safe human environment. The LFG system’s network of monitoring probes and gas extraction wells help to form a barrier against any potential methane leaks, and effectively monitor and extract landfill gasses near sensitive residential areas including the Mountain View Mobile Home Park, as well as Gandara Park. The compliance reporting requirements that are satisfied by a licensed contractor, Montrose Environmental, ensure independent professionals continually evaluate the system for changing conditions. The current scope of services with Montrose Environmental covers preventive maintenance, proactive upgrades, and

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Packet Pg. 110 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) field monitoring of the landfill gas extraction system to ensure optimum operation and performance of the components in extracting landfill gases. This allows the City to go above and beyond the regulatory requirements set by the LADPH and SCAQMD.

Members of the public may request copies of the City’s Quarterly LFG Operations, Maintenance, and Monitoring Reports from CalRecycle (Attachment A) or from SCAQMD (Attachment B).

Subsurface Methane Levels
Since the LFG control system began operation, required monitoring of subsurface vapor probes has documented that methane concentrations in native soils surrounding the landfill are generally below regulatory action levels. Similarly, the network of trench probes that exists at the site have not contained methane in excess of the regulatory action limit, with the exception of trench probe TP-2 located in the City Yards that is described below. Multi-depth vertical monitoring probes are installed along the perimeter of the landfill. A total of 37 probe clusters are used to detect any landfill gas that may be traveling through the subsurface soil. The probe clusters each contain shallow, intermediate, and deep probe depths.

Monitoring at Mountain View Mobile Home Park
LFG monitoring equipment installed between the landfill and the Mountain View Mobile Home Park consists of eight perimeter probe clusters, eight landfill gas extraction wells, and two sumps. These are located along the northeast perimeter of the mobile home park to detect and prevent LFG migration. There were also ten former monitoring probes situated within the Mountain View Mobile Home Park. After LFG was consistently not detected (0.0 ppm) for an extended number of years, the regulatory agencies no longer required the City to test and sample monitoring wells MVP1 through MVP10.

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Packet Pg. 111 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Figure 2: Map of Shallow Probes In Compliance with LADPH and SCAQMD Requirements Ambient Air Methane Levels
The SCAQMD permits require a composite air sample be collected quarterly within three inches of Gandara Park for methane and VOC analysis. The results of these samples in recent years have been consistently below the SCAQMD limit of 25 ppm.

Compliance with Regulatory Requirements
Quarterly compliance reports detailing methane levels throughout the monitoring and control system are submitted to SCAQMD and there have been no non-compliance violations recorded against the City of Santa Monica. Quarterly compliance reports are

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Packet Pg. 112 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) also submitted to the LADPH. An inspector from the LADPH has inspected the site quarterly for the past 20 years. During that time there have been no enforcement actions for the Santa Monica Landfill. There have been “Areas of Concern” or minor “Violations” noted on the inspection reports, most of which occurred back in the late 1990s and early 2000s when the LFG Control System was being installed and later expanded. The most recent of these occurred in 2018 and 2019. They were due to water ponding in the City Yards and exceedances of 5% methane detected in the nearby subsurface probe PP-6. This exceedance was noted on June 13, 2019, when

5.1% methane was detected in probe PP-6B. Subsequent inspections of PP-6 consistently indicate no exceedances of 5% methane.

Anomalies in Historically Low Methane Levels
Methane concentrations exceeding 5% have occurred sporadically in certain Rule 1150.1 compliance probes. These elevated concentrations have been controlled through LFG extraction well adjustments and upgrades on aging LFG equipment.

Upgrades have included installing new well heads and sump pumps, improving compressor operation, and keeping the vacuum system continually running with a new variable frequency drive which allows the City to control the vacuum system and blower.

Two anomalies identified in the continuous system monitoring warrant further discussion in this report, as they demonstrate the City’s commitment to transparency and to maintaining tight oversight of LFG emissions.
• Trench Probe #2– Potential Sewer Utility Off-Gassing
Only the methane concentrations in trench probe TP-2, which is located on the north side of the City Yards in front of the Water Resources Division’s facilities, have consistently exceeded the Rule 1150.1 limits. The methane readings collected from this compliance monitoring probe have been higher than most of the landfill gas extraction wells, ranging from 22.3% to 38.4% by volume in air since 2016. Montrose believes the gas detected in probe TP-2 may not be originating from the landfill, but instead is the product of a nearby sewer utility.

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Packet Pg. 113 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Montrose conducted gas sample fingerprinting during the first quarter of 2020 by comparing laboratory analysis of vapor samples collected from probe TP-2 and the closest LFG extraction well (LFG-7). The analytical results indicate the gases are different and that TP-2 may not be detecting LFG but may be detecting sewer gas from a nearby sewer line in the trench. LADPH is aware of the history of this probe and there have been no violations issued for trench probe TP-2, which is located in the City Yards area.
• Perimeter Probe Anomalies
There have been sporadic exceedance of the 5% methane detected in the subsurface perimeter monitoring probes over the past 10 years. When elevated levels of methane are detecting in perimeter probes, corrective actions are performed. This usually includes checking and adjusting the nearby LFG extraction wells.

Some of the perimeter probes are located very close to the edge of the landfill waste and also to the LFG extraction wells. This close proximity to LFG sources, makes it more likely to periodically have readings that exceed 5% methane. In order to monitor the probe, it has to be evacuated by connecting it to a pump. By putting the probe under vacuum to collect a sample, LFG from the surrounding soil may be drawn towards and into the probe. Therefore, one-time anomalous elevated methane readings in the perimeter probes may be due to sampling errors and are not necessarily an indication that LFG is migrating beyond the site’s border.

The following maps show all the perimeter monitoring probes at the site. Next to each probe is either a green dot or yellow dot. The green dots indicate that probe has not exceeded 5% in the past five years of quarterly readings (20 monitoring events). The yellow dot indicates that the probe has had one or more exceedances of 5%. Since each probe has 3 depths, the shallow, intermediate,

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Packet Pg. 114 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) and deep probes are shown on three separate maps.

Figure 3: Shallow Probe Map (Green Dots = No Readings Over 5% and Yellow Dots = 1 or More Readings Over 5% in Past 5 Years)
Figure 4: Intermediate Probe Map (Green Dots = No Readings Over 5% and Yellow Dots = 1 or More Readings Over 5% in Past 5 Years)

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Packet Pg. 115 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Figure 5: Deep Probe Map (Green Dots = No Readings Over 5% and Yellow Dots = 1 or More Readings Over 5% in Past 5 Years)
• Recent Anomalies at City Yards Construction Site – Expansion of the LFG System
As a result of recent utility work and construction activities of the new Fleet Maintenance building located at the City Yards, several new anomalies were recently identified. The City was contacted by Southern California Gas Company in June 2021 regarding the results of their aerial methane mapping survey, which identified two locations with detectable levels of methane in the City Yards.

Asphalt and concrete were removed at these two locations during construction, and planters and electrical conduit boxes were installed.

Based on a thorough investigation involving surface monitoring at multiple areas in the City Yards, it was determined that two subsurface electrical conduit boxes had elevated methane readings. To reduce the methane detected in these locations, Montrose increased the vacuum at the nearest two LFG extraction wells and the City contractor capped open conduits within the boxes. This reduced the methane concentrations in the utility boxes. These locations have

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Packet Pg. 116 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) been added to the routine monitoring program and will continue to be inspected.

In addition, Public Works is installing an additional vertical LFG extraction well to reduce and capture methane near the surface in these areas. This work is covered by existing contracts. Staff is preparing to submit applications and obtain permits from the LACDPH and SCAQMD for the installation of the new well and all necessary trenching and piping connections to the existing LFG header. A Work Plan and Health and Safety Plan will be prepared to describe the proposed construction activities and safety protocols to be performed at the site.

Figure 6: Proposed Location of Additional LFG Extraction Well and Piping System Maintenance
The LFG system has performed well over the past twenty-four years, owing to a routine maintenance schedule that continuously evaluates the condition of all mechanical equipment. Repairs are performed when necessary, or when the opportunity to improve

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Packet Pg. 117 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) the system with upgraded components is presented through advances in technology or science. Routine maintenance and repairs are covered in the City’s existing contract with Montrose.

Conclusion
The City maintains an inactive landfill site located beneath Gandara Park and portions of the Municipal City Yards in the Pico Neighborhood with a Landfill Gas Control System. The LFG Control System has been in continuous operation since 1998 to monitor methane levels and to maintain safe environmental conditions for nearby Pico Neighborhood residents, park users, and City staff who work at the Yards. Oversight of the LFG Control System is performed by a licensed independent contractor, Montrose Environmental, that maintains, operates, and manages the LFG Control System in strict accordance with permits from the County of Los Angeles Department of Public Health (LADPH) and the South Coast Air Quality Management District (SCAQMD).

Montrose performs biweekly system inspections to confirm the LFG Control System is running properly and provide maintenance to the mechanical equipment. Montrose also monitors the landfill surface and the LFG detection and collection system quarterly. By regularly monitoring the 37 perimeter and trench probe clusters for LFG detection in the subsurface soil, staff can identify elevated methane and perform adjustments or repairs on the LFG extraction wells. The LFG extraction wells are monitored to ensure they are providing the maximum LFG control at the site. The entire landfill surface is monitored for LFG emissions and repairs and updates are made as necessary to ensure the health and safety of the public and City workers.

Financial Impacts and Budget Action
There is no immediate financial impact or budget action necessary as a result of this action. Staff is using existing funds for installation of an additional vertical LFG extraction well. City Council approved funds to award a contract with Montrose Environmental for services related to the operation, maintenance, and compliance sampling and reporting for the City’s Landfill Gas Control System at the July 27, 2021

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Packet Pg. 118 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) meeting. The total contract amount was $715,211 of which $137,990 was approved for FY 2021-22.

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Packet Pg. 119 Attachment: 4576 LFG Study Session (5159 : Montrose Environmental First Modication) Contract No. 11181 (CCS)

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”), entered into as of _____________, 2021 (“Execution Date”), by and between the City of Santa Monica (“City”) and ES ENGINEERING SERVICES, LLC (“ES ENGINEERING SERVICES” or “Consultant”), is made with reference to the following:

RECITALS:

B. ES ENGINEERING SERVICES is qualified to do business, and is doing business, in the State of California. ES ENGINEERING SERVICES represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates five (5) calendar years after the Execution Date, unless sooner terminated in accordance with Section 14.

2. ES ENGINEERING SERVICES. ES ENGINEERING SERVICES shall perform all of the services (“Services”) described in Exhibit A, Scope of Services, and further detailed in the Specific Work Plan. ES ENGINEERING SERVICES shall complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

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

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

3.3 Promptly examine and render findings on all documents submitted for staff review by ES ENGINEERING SERVICES.

4. Compensation. The City shall compensate ES ENGINEERING SERVICES for the Services performed in an amount not to exceed $621,923, as set forth in Exhibit B. - 1 -
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 9/20/2021

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5. Invoices. ES ENGINEERING SERVICES will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.

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

City of Santa Monica
Office of Sustainability and the Environment
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: James Velez-Conway
Re: Contract No. 11181 CCS
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 11181 CCS

6.2 All notices, demands, requests or approvals to ES ENGINEERING SERVICES:

ES ENGINEERING SERVICES, LLC dba Montrose Environmental Solutions
1631 East Saint Andrews Place
Santa Ana, California 92705
Attention: Dane Nygaard
Re: Contract No. 11181 CCS

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of ES ENGINEERING SERVICES or any of ES ENGINEERING SERVICES’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

This Agreement may be modified only by written agreement signed by City and ES ENGINEERING SERVICES, and approved as to form by the City Attorney. - 2 -
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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9. Insurance. Prior to commencing work, ES ENGINEERING SERVICES must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by ES ENGINEERING SERVICES or ES ENGINEERING SERVICES’s agents, representatives, employees or subconsultants for the duration of this Agreement. ES ENGINEERING SERVICES must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Indemnification. As to ES ENGINEERING SERVICES’s Services produced under this Agreement, ES ENGINEERING SERVICES agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of ES ENGINEERING SERVICES, or ES ENGINEERING SERVICES’s employees, agents, officers, and subconsultants. ES ENGINEERING SERVICES’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of ES ENGINEERING SERVICES, its employees, agents or officers, or subconsultants; provided, however, that ES ENGINEERING SERVICES’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding ES ENGINEERING SERVICES’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from ES ENGINEERING SERVICES, if City chooses to do so.

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

11. Prohibition Against Transfers.

11.1 ES ENGINEERING SERVICES may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
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DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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

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

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

14. Default and Termination.

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

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

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

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

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

18. Records.

18.1 ES ENGINEERING SERVICES must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. ES ENGINEERING SERVICES must keep the records, together with supporting documents, - 4 -
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 123 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) separate from other documents and records and maintain them for a period of three years after receipt of final payment.

18.2 ES ENGINEERING SERVICES must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. ES ENGINEERING SERVICES must clearly identify all records and make them readily accessible to the City. At the City’s request, ES ENGINEERING SERVICES must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

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

19. Work Product; Reports.

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

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

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

21. Subconsultants.

21.1 If ES ENGINEERING SERVICES proposes to have any subconsultant perform any part of the Services, ES ENGINEERING SERVICES must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request. - 5 -
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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

This agreement is consistent with all terms and conditions of the Agreement No. 11181 (CCS) entered into between the City of Santa Monica and ES ENGINEERING SERVICES on
.

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

23. Venue and Jurisdiction. The City and ES ENGINEERING SERVICES agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. ///
///
///
///
- 6 -
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:

GEORGE CARDONA
Interim City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By:

JOHN JALILI
Interim City Manager

ES ENGINEERING SERVICES, LLC
By:

Name:

Title:
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DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82 9/14/2021
9/14/2021
Dane Nygaard
Senior Manager

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Packet Pg. 126 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Exhibit A - Scope of Services

SCOPE OF WORK
The routine scope of work for monitoring, maintenance and troubleshooting, and reporting requirementsfor City’s Landfill includes bi-weekly, quarterly, annual, and as needed tasks. There are three general categories of services which the City is currently soliciting: 1) Operation, Maintenance, and Monitoring of the LFG Control System; 2) Monitoring of the probe system in accordance with the City’s AQMD Rule 1150.1 Compliance Plan; and 3) Miscellaneous Services.

Montrose has the professional experience and resources to meet the required scope of work.

As the incumbent consultant, Montrose understands that the landfill and the LFG Control system are operated in compliance with the SCAQMD conditionally approved Rule 1150.1 Compliance Plan, the 2004 SCAQMD permit to operate #F66238 and the 2003 SCAQMD permit to operate #F59249. The City of Santa Monica Landfill #2 is under the oversight of the County of Los Angeles Department of Public Health (LEA). Reports containing the results of monitoring events are submitted to both agencies on a quarterly basis.

Montrose understands that required monitoring is performed on a bi-weekly, quarterly and annual basis and reported quarterly for the ISM, ISS, probe monitoring, well monitoring and system monitoring. A summary table of the required monitoring and O&M schedule, according to Permits to Operate F66238 and F59249 and the 2018 Compliance Plan #567444 is provided as Appendix E. The following tasks are grouped in categories stated in the RFP for the ease of reference.

1. Operation, Maintenance and Monitoring of the LFG Control System As stated before, our approach to monitoring and maintenance issimple: We are proactive! This is what we do and we are well known for our expertise. We understand the importance of the proper LFG system operation for the safety of the environment. The LFG equipment will be properly maintained and kept in good operating condition at all times. Montrose’s senior personnel assigned to this project has extensive experience in the field of landfill gas collection system design, operation and maintenance of the systems, regulatory compliance and reporting.

We will provide all operation, maintenance, and monitoring services for the existing LFG control system at the site.

LFG System Monitoring – Bi-weekly
Landfill Gas System Monitoring
Montrose will monitor the LFG system on a bi-weekly basis as required according to the 6th, 10th and 12th conditions in permit #F66238. During the bi-weekly activities Montrose will inspect the blower and LFG components and monitor for methane using an FID. If leaks detected above 500 parts per million by volume (ppmv) occur, they will be reported to the City and AQMD within 24 hours and repaired within 3 working days. In addition, the outlet of the carbon vessels will be monitored for VOC breakthrough (above 20 parts per million by volume) using a photoionization DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 127 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) detector (PID). The condensate sumps will also be inspected, maintained and the condensate tank will be inspected for fluid levels on a bi-weekly basis. Additionally, Montrose will observe and report the proper operation of the compressor and fluids within the knockout tank.

LFG System Monitoring - Quarterly
Well Field Monitoring
Subsequent to the quarterly probe monitoring, Montrose will monitor the gas extraction wells and will make the appropriate well head adjustments to control flow based on the well data and probe monitoring data. Knowing the methane concentrations in the gas probes before the wells are monitored makes it easier for the technician to determine the appropriate LFG well adjustments asthe LFG well readings are collected. Each well, wellhead, control assembly, sumps and all other components of the system are monitored and checked to verify that they are tight and functioning properly. Montrose will check vacuum using a manometer at each well and well lateral to verify that vacuum is constant throughout the LFG system. A GEM 5000 or equivalent gas monitor will be used to monitor LFG gas for methane, oxygen, carbon dioxide and hydrogen sulfide and a TSI thermal anemometer or equivalent will be used to measure landfill gas flow from the wells and temperature in wells.

Blower Station Operation and Maintenance
All components of the blower station will be checked and monitored quarterly for proper operation and need for maintenance and/ or repairs or replacement. At a minimum the monitoring will include;
 Monitor the blower station and include operating information in the quarterly report,  The blower performance will be checked for abnormal operation. If problems are found or suspected, corrective action will be taken and documented in the quarterly reports.  Check the water level in the condensate sumps,
 Check all valves,
 Check blower station environment for cleanliness, removing trash regularly,  Check the water level in the condensate water tank. Arrange for and coordinate water removal and disposal when the tank is 80% full,
 Arrange for and coordinate carbon replacement as needed,  Monitor the gas quality before the carbon canisters, between the carbon canisters and after the blower, and
 Check the flow before the carbon canisters.

Montrose will monitor the LFG system using a PID to confirm that the LFG system is reducing NMVOCs to 20 ppmv or less. If NMVOCs breakthrough above 20 ppmv the spent carbon will be DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 128 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) replaced and disposed of properly. Montrose evaluated historical carbon loading and the need for carbon replacement occurs approximately every year.

Indoor Air Monitoring
Indoor air monitoring is a requirement requested by the LEA in the December 22, 1997 Interim Landfill Gas Control System at the Santa Monica Corporation Yard correspondence. The current SCAQMD compliance plan and permitsto operate do not require indoor air monitoring. However, indoor air monitoring has been conducted in the past and Montrose will continue to conduct indoor air monitoring on a quarterly basis until notified otherwise. Montrose will perform monitoring of the interior of each fully enclosed on-site structure to assess the potential migration of LFG and accumulation of both potentially explosive concentrations of combustible gases as well as potentially toxic or carcinogenic gases in the enclosed structures at the site.

Montrose will use a flame ionization detector (FID), to monitor and assess concentrations of explosive gases and total organic vapor within the structures. All monitoring equipment shall be calibrated daily prior to the startup of the work. Any readings exceeding 500 ppmv at any areas within indoor structures, near any cracks, joints or utility piping protruding from concrete or asphalt, shall be recorded on a map, and the City shall be notified.

Integrated Surface Sampling (ISS)
This sampling event is conducted quarterly to test for toxic air contaminants (TAC) and total organic compounds (TOC) across the unpaved section of the landfill. Montrose shall perform ISS over the pre-established walk pattern identified on Figure 2, of the Arthur D Little Submittal of a Revised Rule 1150.1 Compliance Plan dated August 20, 1999. ISS shall be conducted when the landfill is dry and average wind speed is 5 mph or less, and the instantaneous wind speed is 10 mph or less. During sample collection, the sample tip shall be maintained between 0 to 3 inches above the landfill surface, as the technician walks at a speed of 2-3 miles per hour over a 2,600 linear-foot walking pattern within the grid. The sample shall be collected in a 10-liter Tedlar bag that is enclosed in a light sealed box. Only one sample will be required; as the total area of the unpaved section of the landfill is well below 50,000 square feet. The sample will be submitted to a certified laboratory under Chain-of-Custody procedures and analyzed for TAC listed in SCAQMD 1150.1 Table 1 Toxic Air Contaminants (Core Group) by EPA Method TO-15 and EPA Method 15/16, NMOCs as hexane, methane and fixed gases by SCAQMD Method 25.1, and upon an SCAQMD written request for additional TAC as listed in SCAQMD 1150.1 Table 2 Toxic Air Contaminants (Supplemental Group).

Instantaneous Surface Monitoring (ISM)
Instantaneous surface monitoring (ISM) shall be conducted quarterly over the pre-established walk pattern identified on Figure 2, of the Arthur D Little Submittal of a Revised Rule 1150.1 Compliance Plan dated August 20, 1999 to identify the locations of areas with excessive landfill gas emissions. Landfill gas emissions will be monitored using a Thermo TVA 1000B portable FID or equal, calibrated prior to the start of the work, while walking a pre-established pattern at a DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 129 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) speed of 1 to 2 feet per second. At all times the monitoring probe tip shall be maintained at approximately 0 to 3 inches above the landfill surface. The concentration of any readings exceeding 500 ppm and the location of that reading at areas of cap failure or fissures, etc., shall be recorded on a map, and the City shall be notified.

LFG System Monitoring - Annually
LFG System Monitoring
On an annual basis, Montrose will perform hydrogen sulfide, TOC and TAC emissions monitoring of the LFG system. Landfill gas entering the gas control system will be collected using a 10-liter Tedlar bag collected over a 10-minute period of time and submitted to a certified analytical laboratory. The sample will be analyzed for hydrogen sulfide using EPA Method 15/16, VOCs using EPA Method TO-15 and fixed gases, TGNMOCs as Hexane and Methane using SCAQMD Method 25.1. Ambient air samples are not required according to the 2018 Compliance Plan and therefore will not be sampled.

Report Preparation
Montrose will prepare a Quarterly Report forsubmittal to the SCAQMD and the LEA documenting the monitoring results, and corrective actions taken, if any, during each quarter. The report will contain a summary of the site background, a summary of the operations of the previous quarter, description of the sampling and monitoring procedures used, tabulated probe and well monitoring data, ISS and ISM monitoring data, and discussions of the exceedances, if any, and corrective actions and mitigation measures taken to correct a methane exceedance. The report will also include a photographic logs any areas of concern that were observed and/or repaired.

The report will also include copies of the calibration logs, laboratory reports, and other forms and supporting information regarding field monitoring, operations and maintenance. The quarterly report will be submitted to the City for review and comments prior to the submittal to the SCAQMD and the LACDHS within 20-25 days after the end of each reporting quarter. Report records will be kept for a minimum of two years and will be available to the City or the AQMD upon request.

2. Monitoring of the probe system in accordance with the City’s South Coast Air Quality Management District Rule 1150.1 Compliance Plan Twenty-nine perimeter probes, eight trench probes, and five landfill probes are located at the landfill of which 24 multi-level perimeter probes and 6 trench probes are compliance probes; the remaining 12 probes are installed at various locations for monitoring and wellfield adjustment purposes. Montrose will monitor the perimeter probes prior to monitoring the LFG wells.

Identifying the probes with elevated methane concentrations enables the technician to make appropriate vacuum and well flow adjustments in the field during the LFG well monitoring. Each probe is monitored for the presence of carbon dioxide, oxygen, total organic compounds (TOC) measured as methane and hydrogen sulfide using a Landtec® Gas Emission Monitor (GEM™) 5000 DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 130 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) or equivalent gas monitor. The static pressure of each perimeter gas migration probe is checked first using the GEM™ or a Magnehelic® pressure gauge. Then, prior to measuring the gas concentrations, a minimum of one probe casing volume of gas is evacuated using the GEM™ pump. The data recorded includes the date, probe number, static pressure and gas component concentrations for each probe. The GEM™ unit is calibrated prior to performing monitoring.

Annually, a PID will be used to measure TAC concentrations within each compliance probe.

If a perimeter probe concentration of TOC exceeds 2% by volume and the probe is greater than 100 feet from the refuse, Montrose will use the grid method to instantaneously monitor the surface between the refuse boundary and the perimeter probe.

Annually, Montrose will collect a Tedlar bag sample for TAC analysis from the probe with the highest concentration during any of the monitoring periods within the year; if the FID concentration does not exceed 5% by volume in any of the probes. No bag samples are required for TOC. However, if FID concentrations of TOC exceed 5% by volume in any of the compliance probes, Montrose will collect one bag sample annually from the probe with the highest concentration for TOC and TAC laboratory analysis.

3. Miscellaneous Services
Under Miscellaneous Services, Montrose will be responsible for compiling and submitting draft reports for City approval, and final copies to the regulatory agencies, as well as special reports that may be required by the City.

Other services may include installation of additional wells, consultation on general site management such as grading or infrastructure activitiesthat might disturb the landfill cap, lateral installation, header repair, sump repair and response to time-sensitive regulatory compliance issues. Non-routine equipment related maintenance or repairs would also be included.

Information gathered during the project by Montrose is considered confidential and will be released only upon written authorization by the Client asrequired by law. California law requires a person to inform the State if a situation is encountered that can be considered an immediate endangerment to the public's health or welfare and/or the environment.

The results contained in any oral or written report will be based upon the information acquired at the time of the investigation. It is possible that not all conditions will be identified during this project. The work will be consistent with the level of care and skill ordinarily exercised by members of our profession currently practicing under similar conditions in Southern California.

No warranty is expressed or implied.

This proposal is the property of Montrose and may be used only by the City and only for the purposes stated, within a reasonable time from its issuance.

LIMITATIONS
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 131 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Exhibit B - Budget
Tasks Year 1 Year 2 Year 3 Year 4 Year 5
Proposal
Total
I. Operation, $66,802 $66,802 $68,806 $70,870 $72,996
Maintenance, and
Monitoring of LFG
Control System
II. Monitoring of Probe $10,687 $10,687 $11,008 $11,338 $11,678 System
III. Miscellaneous Tasks $42,503 $42,503 $43,778 $45,091 $46,444 Totals (not to
exceed)
$119,992 $119,992 $123,592 $127,229 $131,118 $621,923
Assumptions and Basis of Cost
The proposed cost shown above would remain the same for the first 2 years with a slight 3% increase for the years 3, 4 and 5. The estimated costs are based on the following assumptions and limitations:
 Cost does not include replacement of a major components of the system, if necessary.

Montrose will provide the City with an estimate cost on a time and material basis based on our current Rate Sheet (attached) and vendors’ cost of the equipment prior to implementation.

DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 132 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication)  Montrose evaluated the carbon usage based on the site’s recent history and has estimated that the carbon will need to be replaced approximately once a year to remain in compliance with the SCAQM compliance plan. The cost of one carbon replacement per year is included in the proposal. If any additional carbon replacements are necessary Montrose will provide the City with a cost estimate on a time and material basis based on our current Rate Sheet (attached) and vendors’ cost of the equipment and material. If a carbon changeout is not required throughout the year, the carbon changeout will not be billed on the quarterly invoices.
 Montrose has included the cost to pump out the 600-gallon condensate tank three times throughout the year. The number of times this condensate tank may be needed to be pumped out varies due to weather and subsurface conditions. If any additional condensate removal events are necessary, Montrose will provide the City with a cost estimate on a time and material basis based on our current Rate Sheet (attached) and vendors’ cost of the equipment and material. If a condensate removal event is not required throughout the year, the condensate removal event will not be billed on the quarterly invoices.
 Montrose has provided 12 hours of project manager’s time for “as-needed consulting” per month. Any additional time for document review, site visit, meetings, requested and approved by the City on as-needed basis, will be billed at our current rates (attached).  The work will be performed in OSHA Level D protection (including hard hat and safety vest).
 At no time shall the title to hazardous substances,solid wastes, petroleum contaminated, or the other regulated substances pass to Montrose, nor shall any provisions of this Agreement be interpreted to obligate Montrose to assume status of a “generator,” “transporter,” “operator,” or “treatment, storage, or disposal facility” under state or federal law.

DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 133 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements – With Professional Liability
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

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

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

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

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

4. Professional Liability: Insurance appropriate to the Consultant’s profession with a limit of not less than $1,000,000 each claim/$2,000,000 in the annual aggregate (see footnote #2).

5. Pollution Legal Liability: Contractor shall maintain Pollution Legal Liability Insurance with a limit of not less than $1 million each occurrence or claim and a $2 million annual aggregate.

If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 134 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication)

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

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Claims Made Policies
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 135 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication)

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

Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Consultant, the City may deduct from sums due to the Consultant any premium costs advanced by the City for such insurance.

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

Footnotes
DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 136 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) #1: Workers’ Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
#2: Professional Liability insurance is required if the Consultant is providing a professional service regulated by the State (e.g., insurance agents, doctors, lawyers, architects, engineers, certified public accountants, etc.). However, some Consultants,such as software designers, claims administrators, or human resources professionals, should also carry Professional Liability insurance. Contact Risk Management for guidance.

DocuSign Envelope ID: DC73B454-C80D-4173-AE59-EB2A3583FE82

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Packet Pg. 137 Attachment: Executed-ES_Engineering_Contract_Sept_2021.docx (5159 : Montrose Environmental First Modication) Montrose Environmental
1631 East Saint Andrews Plaza
Santa Ana, CA 92705
t 714.919.6500
June 15, 2022
James Velez-Conway
Senior Sustainability Analyst
City of Santa Monica
2500 Michigan Ave, Bldg. 4
Santa Monica, CA 90404
RE: Proposal for New LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard
2500 Michigan Avenue, Santa Monica, California
Dear Mr. Velez-Conway,
Montrose Environmental Solutions (Montrose) is pleased to submit this proposal for recommended upgrades to the landfill gas (LFG) control and treatment system for the City of Santa Monica landfill site located at 2500 Michigan Avenue within the City of Santa Monica.

This proposal has been prepared to estimate the permitting, preparation, installation, repair, replacement, and related reporting costs for needed upgrades at the site to ensure proper system operation and prevent future compliance issues.

The bulk of these costs are related to the installation of two new dual-completion vertical landfill gas extraction well (LFG-11 and LFG-12). The installation these new LFG extraction wells has been determined to be necessary to control the elevated methane that has been detected in the planter boxes in the central parking lot area and also at probes PP-14 and PP-5R (see attached map). Currently the landfill is out-of-compliance due to the methane concentration at PP-14.

LFG Extraction Wells Installation
Prior to field activities engineered plans showing the LFG extraction well, horizontal trench, and lateral piping connection to the existing LFG header will be submitted to the Santa Monica Department of Public Works (SMDPW) for approval. An application to modify the number of vertical LFG extraction wells listed on the Permit To Operate F59249 will also be submitted to the South Coast Air Quality Management District (SCAQMD) along with these plans.

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Packet Pg. 138 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022
2500 Michigan Ave, Santa Monica Page 2
An engineer will also perform calculations to determine the friction loss of the LFG piping at the site to ensure that the new wells will receive proper vacuum. This will also help to determine the adequacy of the current equipment and piping to handle the current and additional LFG flow.

Two weeks prior to scheduling field activities, the proposed locations will be marked with white paint and Underground Service Alert (USA) will be notified to check for underground utilities in the vicinity of the proposed excavation and drilling locations. Due to the knowledge of subsurface utilities in the proposed area of drilling and trenching, a geophysical survey may not be required. However, if it is requested it can be added to the proposal and would utilize electromagnetic and ground penetrating radar to locate the underground utility lines and identify subsurface features and structures.

A Site Specific Health & Safety Plan covering the drilling, excavation, and piping activities will be prepared. The Enforcement Agent (LEA) from the LACDPH and the City of Santa Monica will be notified prior to commencing any field activities. The LEA may require that the Workplan detailing the installation activities be submitted for review and approval, prior to scheduling field work.

Each day, before commencing field activities, a daily “tailgate” health and safety meeting will be held with Montrose personnel and contracted employees. The work area(s) will be clearly demarcated using caution tape, orange cones, and other safety barriers. If it is necessary to leave any open borings or trenches overnight, the areas will be covered securely with steel plates or similar.

A C-57 drilling contractor will be retained to provide soil boring and well installation services using a CME-85 or CME-95 hollow stem auger drill rig. Prior to drilling a hand auger will be used to clear the borehole location down five feet to ensure there are no signs of utilities. The drilling augers will then be advanced and subsurface soil and waste materials logged every five feet by a Geologist in Training under the oversight of a Professional Geologist to the total depth of the boring.

Each well will have screens installed between approximately 25 to 40 feet deep (the deep zone) and between 8 to 12 feet deep (the shallow zone). However, these zones may be modified slightly due to the subsurface conditions encountered. The well screens should ideally be placed in a zone of sandy fill or more permeable waste and not in a zone of ash or clayey fill, which is less permeable. The proposed LFG extraction wells will be constructed similar to the example Landfill Gas Extraction Well, which is attached to this proposal as Figure 2.

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Packet Pg. 139 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022
2500 Michigan Ave, Santa Monica Page 3
The trenching to connect the well LFG-11 to the existing header near well LFG-9 is conservatively estimated to be approximately 150 feet long (Figure 1). This will be in an area of traffic, so traffic rated trench plates and coordination with the site will be required. The well and trench area will be marked off with Caution Tape and Orange Cones or similar Safety Supplies. The well should be installed in one day and the trenching contractors are expected to take approximately 9 days to excavate from the well head to the header, lay the pipe, and backfill and repave the trench.

The trench to connect well LFG-12 to the existing header is approximately 40 feet long and should take 3 days to excavate, lay the pipe, and backfill. This well and trench are located in the “Hanson Yard” construction area, which will be paved in future. Traffic rated metal plates will be laid across the trench after it is backfilled.

Soil and waste cuttings generated during the vertical well installations will be contained in DOTapproved 55-gallon steel drums. The soil drums will be appropriately labeled and stored in a pre-selected designated location at the Santa Monica City Yard Site pending profiling results. A composite sample will be collected for each well boring and analyzed by a State-Certified analytical laboratory for hazardous contaminants to determine the appropriate handling and disposal. Once profiled, the soil drums will be picked up by a licensed transporter and taken to a certified disposal/recycling facility under manifest. The waste management cost estimate includes the cost to transport and dispose of non-hazardous waste. It is anticipated that the soils cuttings from the borings and the decontamination waste water from the well installations will be non-hazardous. It is also expected that the surface fill soils excavated from the trenching, will be reused to backfill the trench and will not require transport offsite.

Montrose will prepare a final report describing the installation activities and including the well and trench construction details, the subsurface lithology encountered, the lab data, the Health & Safety monitoring data, the permits obtained, and all other documents related to the well installation.

The costs to complete the installation work with prevailing wage are outlined in the following table. The estimate below includes all taxes and markup. The subcontractor quotes for the well installation, trench and piping installation, laboratory analysis, and drum disposal, are available upon request.

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Packet Pg. 140 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022
2500 Michigan Ave, Santa Monica Page 4

TASKS COST
1 – Install vertical LFG-12 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report
$67,000
2 – Install vertical LFG-11 and trench including permits, plans, labor, travel, FID monitoring, all materials and equipment, waste management and final report
$120,00
10% Contingency for unexpected delays, geophysical survey, fuel & parts price increases
$18,700
Total Cost: $205,700
New Blower and Motor Installation
The current 20 hp blower and motor that provide vacuum to the LFG extraction wells are over 20 years old. The “backup” blower is also over 20 years old and had parts removed to support the operating blower. If the active blower were to have mechanical issues, the parts would be very hard to obtain due to its age and the landfill would be left without any LFG control capability. Therefore, Montrose highly recommends installing a new 20 hp blower and motor and making the current operating blower the “backup” blower. The new blower will also be able to provide greater vacuum to the expanded LFG control system, which will help provide greater control of the landfill gas at the site.

The costs to transport and install the blower and hook it up to the existing piping and electrical systems including prevailing wage are included in the following table. The estimate below includes all taxes and markup.

TASK COST
3 – Install 20 hp blower & motor including obtaining permits, labor, travel, all materials and equipment.
$50,000
Rewire LFG System Control Panel to Improve Functionality & Restore Remote Notification Due to the age of the control panel, some of the functionality has been lost. There used to be an alarm “Call out system” in the past, but currently there is no functioning notification system to alert Montrose or the City of problems at the site. If there is a power out, or the compressor shuts down, or a condensate tank overflows, etc. it may be up to 7 days before Montrose returns to the site and discovers the problem during the bi-weekly inspections. Montrose obtained a quote from Bravi Electric to install a new call-out Alarm system, upgrade the control

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Packet Pg. 141 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) Proposal for LFG Extraction Wells and System Upgrades Needed at the Landfill City of Santa Monica Corporate Yard June 15, 2022
2500 Michigan Ave, Santa Monica Page 5
panel, add a high liquid level sensor to the entrainment tank, and add emergency shut offs to prevent the condensate tank from overflowing.

The cost including prevailing wage, permitting, taxes and markup are listed below.

TASK COST
4 – Install a new Alarm Call Out system, upgrade control panel and run new conduit and wires, install float sensor on entrainment tank and wire high level sensors to control panel. Includes obtaining permits, labor, travel, all materials and equipment.
$40,000
Raise Probes and Header Access Vault in Hanson Yard Construction Area Due to increased grades in the Hanson Yard construction area, probe clusters PP-14 and PP-5R will need to have the casings extended on 6 probes and the protective boxes dug out and raised for future accessibility. The protective box on the header access vault will also need to be raised.

The cost below includes the materials, labor, taxes and markup.

TASKS COST
5 – Raise probes PP-5R, PP-14 and header access vault for accessibility $4,300 The Not-To-Exceed cost for these five tasks is $300,000.

Montrose appreciates the opportunity to be of service. If you have any questions or require additional information, please do not hesitate to call us at (714) 919-6530.

Respectfully submitted,
Kris Kern Margaret Patrick
Project Geologist, G.I.T. Project Manager, P.G.

Attachments: Figure 1 – Aerial Photo with Approximate Proposed Well & Trench locations Example of Dual Nested Landfill Gas Extraction Wells

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Packet Pg. 142 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication)

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Packet Pg. 143 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First

WELL CONSTRUCTION DETAILS
WELL NUMBER: Proposed LFG-11 and LFG-12
WELL TYPE: Dual Nested Landfill Gas Extraction Well
LID ELEVATION (NGVD29):

CASING ELEVATION (NGVD29):

Large Traffic Rated Well Box DRILLING SUMMARY
Ground Surface INSTALLATION DATE: TBA
Concrete DRILLING COMPANY: TBA
Well Heads
3 feet 3 feet DRILLING RIG TYPE: Hollow Stem Auger
Clean Soil/Native + 5% bentonite 4 feet 4 feet
TOTAL DEPTH DRILLED:
6 feet 6 feet
Transition (#3 Sand or clean soil) 7 feet Blank Casing
Top of Screen 8 feet CONSTRUCTION DETAILS
BOREHOLE DIAMETER: ~18 inches
1/4 inch pea gravel filter pack Shallow Deep

0.10 inch V-wire Screen TOTAL WELL DEPTH: ~12 feet ~35 to 40 feet BLANK CASING TYPE:

Bottom of shallow well screen 12 feet Shallow Deep
13 feet 13 feet BLANK CASING DIAMETER: 2-inch 6" screen 17 feet Shallow Deep
Clean Soil/Native + 5% bentonite 19 feet TOTAL BLANK CASING LENGTH: 8 ft. 25 ft.

Bentonite Seal
22 feet SCREEN TYPE: Sch 80, V-wire screen
Transition (#3 Sand or clean soil) 23 feet Shallow Deep 25 feet SCREEN SLOT SIZE: 0.10 inch 0.20 inch
Top of Screen Shallow Deep
SCREEN LENGTH: ~ 4 feet ~ 15 feet
SUMP LENGTH:

0.20 inch V-wire Screen
PROTECTIVE CASING STICKUP:
3/4 inch washed gravel filter pack Annulus Backfill MATERIAL:

SEAL MATERIAL Medium Bentonite Chips
Shallow Deep
FILTER PACK MATERIAL: 1/4 pea gravel 3/4 inch gravel
COMMENTS:
~40 feet
~ 41 feet
Sch 80 PVC
~18-inch minimum borehole
Clean Soil/Native compacted in 2 foot
lifts
~35 to 41 feet
Clean soil/Native mixed with 5% bentonite;
compacted soil backfilled in 2 foot lifts
* Drawing Not to Scale
Total Depth of Boring
Flush Threaded End Cap
Bentonite Seal
--
No Sump
1-inch berm to prevent
flooding

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Packet Pg. 144 Attachment: Santa Monica LFG Wells & System Upgrades Proposal 20220615 (5159 : Montrose Environmental First Modication) 19 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.

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.

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Packet Pg. 145 Attachment: ES Engineering Oaks Initiative Form MEG2-signed [Revision 1] (5159 : Montrose Environmental First Modication) 20 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:

Bid/PO/Contract # ____________________________ Permit # ___________________________ ES Engineering Services, LLC dba
Montrose Environmental Solutions
Vijay Manthripragada - President
Jose Revuelta and Joshua LeMaire - Vice Presidents
Allan Dicks - Treasurer
Nasym Afsari - Secretary
ES Engineering Services, LLC is 100% wholly owned by Montrose Environmental Solutions, Inc. which is 100% owned by Montrose Environmental Group, Inc.. There are no persons who own more than 10% of the ultimate parent company.

Nasym Afsari Secretary [email protected] 949.988.3500 6/8/22

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Packet Pg. 146 Attachment: ES Engineering Oaks Initiative Form MEG2-signed [Revision 1] (5159 : Montrose Environmental First Modication) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 5.H
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc. for Preparation of a Report Pursuant to Section 9212 of the California Elections Code on a Citizens’ Ballot Initiative Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #108300 (formerly #10830) with HR&A Advisors Inc. in the amount of $36,000 to prepare a Ballot Measure Impact Report, pursuant to California Elections Code Section 9212, for the proposed Initiative Measure to Establish Added Funding for Homelessness Prevention, Affordable Housing, and Schools by Amending Santa Monica Municipal Code Chapter 6.96 to Provide a Third Tier Transfer Tax Rate for Property Transfers of $8,000,000 or More with an Eleven Member Resident Oversight Committee, that is seeking to qualify and be placed on the November 8, 2022 ballot. This will result in a four-year amended agreement with a new total amount not to exceed $454,900, with future year funding contingent on Council budget approval.

Summary
On June 14, 2022, Council requested that the City Manager prepare a report pursuant to Section 9212 of the California Elections Code on an initiative titled:

An Initiative Measure To Establish Added Funding For Homelessness Prevention, Affordable Housing, And Schools By Amending Santa Monica Municipal Code Chapter 6.96 To Provide A Third Tier Transfer Tax Rate For Property Transfers Of $8,000,000 Or More With An Eleven Member Resident Oversight Committee, seeking to qualify and be placed on the November 8, 2022 ballot.

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Per the Elections Code, the report must be presented to the legislative body no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition. The Council action noted that the report shall be presented to City Council as soon as possible, but not later than July 26, 2022.

Given the subject matter of the report, which may include the potential fiscal, land use, economic development, and infrastructure impact of such a measure, as well as the swift turnaround required, staff has determined that a modification to the current contract with HR&A Advisors, Inc. for financial feasibility analysis and modeling of potential changes to development standards and project requirements related to the Housing Element, is the best approach to complete this report in the allotted time.

Viewed in isolation, the amount needed to commission this report ($36,000) would not require Council approval if processed as a standalone contract. In the interest of transparency and in light of the potential subject matter overlap with the existing contract, staff seeks authority to enter into a third modification to include the required report.

Background
On March 26, 2019, Council authorized an agreement with HR&A Advisors, Inc. to provide financial feasibility analysis of potential affordable housing requirements and minimum density. On November 12, 2019, Council authorized the acceptance of SB2 grant funds in the amount of $310,000 from the State of California Department of Housing and Community Development and a first contract modification in the amount of $179,000 with HR&A Advisors, Inc. for additional analysis related to housing production in the context of the 6th Cycle Housing Element. HR&A’s amended contract provided for a range of economic analyses, typical housing prototype modeling based on revised standards, and policy and program evaluation necessary to inform the preparation of the 6th Cycle Housing Element. During the City’s restructuring, Contract #10830 expired before the scope of work was completed and a new contract was executed for the remaining balance with Contract #108300.

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On June 14, 2022, Council approved a second modification to agreement 108300 in the amount of $89,000 and an extension of the term of the contract for one additional year to provide additional financial analysis in support changes that must be made to the City’s Housing Element to comply with State housing law.

Discussion
A petition has been circulating in the community to place an initiative on the November 8, 2022 ballot. If the petition qualifies under the rules set forth in the California Elections Code Sections 9200-9226, it will be presented to Council prior to the August 12, 2022 statutory deadline for submitting the ballot initiative to Los Angeles County.

Council has the ability to ask for a report on the impact of the initiative, as stated in Section 9212 of the California Elections Code:
(a) During the circulation of the petition, or before taking either action described in subdivisions (a) and (b) of Section 9215, the legislative 9215 body may refer the proposed initiative measure to a city agency or agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased

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infrastructure costs or savings including the costs of infrastructure maintenance, to current residents and businesses.
(5) Its impact on the community’s ability to attract and retain business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. (b) The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition.

Among the items that Council discussed including in the report were the potential funds that the measure might generate, what property transactions it would apply to, the composition of the resident oversight committee, and whether there would continue to be a need for funds dedicated to affordable housing in future years.

Because the potential ballot initiative is for a new tax revenue source and includes only limited information about proposed expenditures of the revenue to be collected, most of the illustrative examples of “impacts” in California Election Code Section 9212 cannot be analyzed. However, the report can include useful background information about this source of revenue, explain the mechanics of how the revenue would be collected, provide a rough estimate of potential revenues based on past real estate sales, provide some general illustrations about how the City’s share of the tax revenues could be spent, and offer observations about potential risks to revenue collection or achievement of intended objectives (e.g., financial feasibility implications for new market rate residential development subject to the City’s Affordable Housing Production Program, which HR&A has assisted the City to shape and implement over more than 20 years).

Portions of the impact report will also benefit from prototypes developed by HR&A for the Housing Element update.

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Contractor Selection
HR&A Advisors, Inc. was selected on March 21, 2019 to provide the following:
• Update Financial Feasibility Analysis on the Downtown Community Plan (DCP) • Explore Revised Development Standards and Incentives for Housing Projects on Boulevards and in the Bergamot Area Plan
• Multi-Unit Districts Affordable Housing Fee and Density Study The existing contract award was made as an exception to the competitive bidding process pursuant to Section 2.24.80(d). Competition did not exist because HR&A had completed extensive feasibility analysis related to evaluating the feasibility of the City’s development standards, project requirements and fees including ongoing work on the Affordable Housing Production Program (AHPP) and Housing Element, as well as financial feasibility on the Downtown Community Plan, and 2015 Zoning Ordinance.

Completing a competitive procurement process is highly unlikely to produce costcompetitive proposals from other sources, given HR&A’s experience and knowledge with preparing modeling for the City.

Additionally, the recommended modification also qualifies as an exception to the competitive bidding process pursuant to Section 2.24.250(g), given that the time necessary to use the competitive solicitation process would not allow for the delivery of such a report to the Council and community within the timeline required by the State Election Code Section 9212(b).

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6/14/2022 Council authorized the City Manager to negotiate and execute a second modification to agreement #108300 in the amount of $89,000 and extend the term of for one additional year, with HR&A Advisors Ince to provide additional analysis in support of the City’s Housing Element.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of the agreement with HR&A Advisors Inc. Funds are included in the FY 2022-23 Adopted Budget in the Finance Department.

Contract Modification Request Amount
Agreement # Current Authorized
Amount
FY 2022-23 Modified
Request Amount
Account # Total Revised
Contract Amount
10830/108300 $268,900 20700002.556420 $268,900
10830/108300 $150,000 01700001.552010 $150,000
10830/108300 $36,000 01300001.552010 $36,000
TOTAL $454,900
Prepared By: Gigi Decavalles-Hughes, Director
Approved Forwarded to Council
Attachments:

A. Staff Report June 14, 2022
B. Contract 108300
C. Contract 108300 First Modification
D. HRA Oaks Initiative_06-10-22 (1)

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City Council
Report
City Council Meeting: June 14, 2022
Agenda Item: 3.M
1 of 5
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Approval of Second Modification to Professional Services Agreement with HR&A for 6th Cycle (2021-2029) Housing Element
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #108300 (formerly #10830) in the amount of $89,000 and extend the term for one additional year, with HR&A Advisors Inc to Provide Additional Financial Analyses in Support of the City’s Housing Element. This will result in a four-year amended agreement with a new total amount not to exceed $418,900, with future year funding contingent on Council budget approval.

Summary
On October 12, 2021, the City Council adopted the 6th Cycle (2021-2029) Housing Element. On February 8, 2022, the California Department of Housing and Community Development (HCD) determined that although Santa Monica’s adopted 6th Cycle (2021- 2029) Housing Element Update meets many statutory requirements, further revision is necessary in order to comply with all aspects of State Housing Element law (Attachment A). At the time that HCD’s comments on the adopted Housing Element were received, the Planning Commission was holding public hearings on changes to zoning and adopted land use plans that were intended to implement the Housing Element. As a result of HCD’s determination, rezoning work has been put on hold until staff can determine what further revisions are necessary to bring the City’s Housing Element into compliance with State Housing Element law and receive approval from HCD.

Rezoning is necessary to demonstrate to HCD that the City can accommodate its Regional Housing Needs Assessment (“RHNA”) allocation of 8,895 units between 2021

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and 2029 with a buffer to address net loss of units. Rezoning efforts include establishing development standards that must be both feasible and sufficient for the City to accommodate the RHNA as required by HCD.

HR&A advisors has provided financial feasibility analysis and modeling of potential changes to development standards and project requirements which was used to inform the rezoning programs included in the 6th Cycle Housing Element. HCD’s comments require further revisions to the Housing Element and expanded analysis to establish feasible development standards that can accommodate the RHNA plus a buffer. A modification to the agreement of $89,900 is required to prepare additional analysis for the Housing Element as necessary to comply with State law.

Background
The RHNA is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. For the 6th Cycle planning period of 2021-2029, Santa Monica’s RHNA allocation is 8,895 units, of which 69% must be affordable.

On March 26, 2019, Council authorized an agreement with HR&A Advisors, Inc. to provide financial feasibility analysis of potential affordable housing requirements and minimum density. On November 12, 2019, Council authorized the acceptance of SB2 grant funds in the amount of $310,000 from the State of California Department of Housing and Community Development and a first contract modification in the amount of $179,000 with HR&A Advisors, Inc. for additional analysis related to housing production in the context of the 6th Cycle Housing Element. HR&A’s amended contract provided for a range of economic analyses, typical housing prototype modeling based on revised standards, and policy and program evaluation necessary to inform the preparation of the 6th Cycle Housing Element. During the City’s reorganization Contract #10830 expired before the scope of work was completed and a new contract was executed for the remaining balance with contract #108300.

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On October 12, 2021, City Council adopted the 6th Cycle (2021-2029) Housing Element and certified the associated 6th Cycle Housing Element EIR. Following Council adoption, City staff submitted the adopted 6th Cycle Housing Element to HCD on November 10, 2021 for a 90-day review period and certification. On February 8, 2022, the City received HCD’s review letter stating that additional changes are required to the adopted Housing Element to comply with State housing law.

Contractor Selection
HR&A Advisors, Inc. was selected on March 21, 2019 to provide the following:
• Update Financial Feasibility Analysis on the Downtown Community Plan (DCP) • Explore Revised Development Standards and Incentives for Housing Projects on Boulevards and in the Bergamot Area Plan
• Multi-Unit Districts Affordable Housing Fee and Density Study This recommended award was made as an exception to the competitive bidding process pursuant to Section 2.24.80(d). Competition does not exist because HR&A has completed extensive feasibility analysis related to evaluating the feasibility of the City’s development standards, project requirements and fees including ongoing work on the Affordable Housing Production Program (AHPP) and Housing Element, as well as financial feasibility on the Downtown Community Plan, and 2015 Zoning Ordinance.

Therefore, HR&A has the unique ability or capability to complete the abovementioned studies related to the Housing Element. Completing a competitive procurement process is highly unlikely to produce cost-competitive proposals from other sources, given HR&A’s experience and knowledge with preparing modeling for the City.

Discussion
The 6th Cycle Housing Element includes key rezoning programs that are necessary to accommodate the affordable allocation in the RHNA including Programs 1F and 1J.

Program 1F (rezoning of Downtown) commits the City to modifying the heights and floor area ratios (FARs) in the Downtown Community Plan area to ensure they are set at levels that can support the minimum AHPP requirements and to support feasible

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housing projects. Similarly, Program 1J (rezoning of mixed-use areas outside of Downtown) commits the City to amending the Zoning Ordinance, LUCE, and the Bergamot Area Plan (BAP) to increase FAR and height standards to levels that can support feasible housing projects. The City’s assumptions of feasibility and the City’s Suitable Sites Inventory (SSI), a tool used to demonstrate capacity, are based on the results of a feasibility analysis prepared by HR&A dated June 9, 2021. As stated in the 6th Cycle Housing Element, the feasible FARs for housing projects in the Downtown range from a minimum 2.75 to 4.0 with heights ranging from 55 feet to 84 feet and the feasible FARs for housing projects in the remaining areas of the City range from a minimum 2.75 to 3.25 with heights ranging from 55 feet to 65 feet.

On February 8, 2022, the City received HCD’s review letter stating that additional changes are required to the adopted Housing Element to comply with State housing law. Further changes to the development standards in Programs 1F and 1J as well as other programs in the 2021-2029 6th Cycle Housing Element would require additional analysis, including financial feasibility testing. A second modification to the agreement would expand HR&A’s scope of work to conduct further analysis of additional changes to the Housing Element in response to HCD’s comments. Furthermore, this second modification to the agreement would extend the terms of the contract to October 30, 2023.

Past Council Actions
Meeting Date Description
03/26/2019 Council approved a contract with HR&A Advisors, Inc to provide empirical testing of prototypical private developments to help increase the City’s supply of affordable housing
06/11/2019 Council adopted a resolution authorizing application for, and receipt of, SB2 grant funds in an amount not to exceed $310,000 from the California Housing and Community Development Department (HCD) 11/12/2019 Council authorized the City to accept the SB2 grant in the amount of $310,000 and to authorize the City Manager to negotiate and execute a first modification with HR&A in the amount of $179,000 for further prototype testing in support of the 6th Cycle Housing Element 10/12/21 Council adopted the 2021-2029 6th Cycle Housing Element

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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to increase the amount of the agreement with HR&A Advisors Inc. Funds are included in the FY 2021-22 Adopted Budget in the Community Development Department.

Contract Modification Request Amount
Agreement # Current
Authorized
Amount
FY 2021-22
Modified
Request
Amount
Account # Total Revised
Contract
Amount
10830/108300 $179,000 $89,900 20700002.556420 $268,900
10830/108300 $150,000 $ 01700001.552010 $150,000
TOTAL $418,900
Prepared By: Rachel Kwok, Environmental Planner
Approved Forwarded to Council
Attachments:

A. March 26, 2019 Council Staff Report
B. June 11, 2019 Council Staff Report
C. November 12, 2019 Council Staff Report
D. 00 EXECUTED CONTRACT #108300 HR&A
E. 00 EXECUTED_PSA_&_Scope-_First_Mod_HR&A_108300
F. HR&A Oaks Initiative_06-10-22
G. Written Comments

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Contract No. 108300 (CCS)

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

RECITALS:

B. HR&A is qualified to do business, and is doing business, in the State of California.

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

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless sooner terminated in accordance with Section 14.

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

3. City Services. The City agrees to:

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

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

3.3 Promptly examine and render findings on all documents submitted for staff review by HR&A.

4. Compensation. The City will compensate HR&A for the Services performed in an amount not to exceed $219,000.00, as set forth in Exhibit B.

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

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E 11/23/2020

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

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

City Planning Division
City of Santa Monica
1685 Main Street, Mail Stop 28
Santa Monica, California 90401
Attention: Rachel Kwok
Re: Contract No. 108300 (CCS)
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 108300 (CCS)

6.2 All notices, demands, requests or approvals to HR&A:

HR&A
700 South Flower Street, Suite 2995
Los Angeles, California, USA
Attention: Paul J. Silvern, Vice President
[email protected]
Re: Contract No. 108300 (CSS)

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.

Neither the City nor its officers or employees will have any control over the conduct of HR&A or any of HR&A’s agents, employees, or subconsultants, except as otherwise provided in this Agreement.

This Agreement may be modified only by written agreement signed by City and HR&A, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, HR&A must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by HR&A or HR&A’s agents, representatives, employees or subconsultants for the duration of this DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Agreement. HR&A must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Indemnification. As to HR&A’s Services produced under this Agreement, HR&A agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the acts, errors and/or omissions of HR&A, or HR&A’s employees, agents, officers, and subconsultants. HR&A’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of HR&A, its employees, agents or officers, or subconsultants; provided, however, that HR&A’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

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

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

11. Prohibition Against Transfers.

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

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

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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

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

14. Default and Termination.

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

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

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

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

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

18. Records.

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

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

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

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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

19. Work Product; Reports.

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

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

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

21. Subconsultants.

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

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

This agreement is consistent with all terms and conditions of the Agreement No. 108300 (CCS) entered into between the City of Santa Monica and HR&A on^^___________.

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

23. Venue and Jurisdiction. The City and HR&A agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E 11/23/2020

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

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

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E George Cardona
Interim City Attorney
11/19/2020
Paul J. Silvern, Vice President
HR&A Advisors, Inc.

Paul J. Silvern
11/19/2020
11/23/2020
Lane Dilg
City Clerk Interim City Manager
Denise Anderson-Warren
11/30/2020

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Packet Pg. 163 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) Exhibit A
Scope of Services
DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 164 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.)

New York | Dallas | Los Angeles | Raleigh | Washington DC Revised: October 21, 2020
via email to: [email protected]
Jing Yeo
Planning Manager
Community Development Dept.

City Hall, Room 212
1685 Main Street
Santa Monica, CA 90404
Re: Proposal to Update 2019 AHPP Analysis and Analyze New Prototypes in Additional Commercial Areas Dear Jing:

Per your request, HR&A Advisors, Inc. (HR&A) is pleased to provide this proposal to provide additional prototype testing to determine whether increased development standards and/or new affordable housing requirements (i.e., in terms of percentages, unit mix and affordability levels) can accelerate development of mixed-income housing. This effort will include updating feasibility analysis for 14 prototypes from our previous analysis, modelling 14 new prototypes in additional commercial areas, and updating real estate market and construction cost assumptions for selected market areas.

Similar to previous analysis completed by HR&A, the assignment involves empirical testing of prototypical private developments to establish the financially-feasible limits of modified affordable housing requirements and development fees, utilizing static pro forma financial feasibility Excel models to test the developer investment return implications of revised affordable housing requirements on prototypical developments. The assignment is also similar to a financial feasibility analysis that we are currently completing for the Los Angeles City Planning Department, wherein our analytic model was re-designed to evaluate the development capacity (in terms of incremental stories or FAR) that would be required to support TransitOriented Communities affordability percentages and income levels in Downtown Los Angeles. Our proposed approach to the new assignment will build on these prior efforts.

PROPOSED SCOPE OF WORK
HR&A will undertake the following tasks in a generally sequential order:

Task 1. Kick-off Meeting and Discussion About Modeling Assumptions.

HR&A will meet with City staff to discuss various elements of the analysis, obtain certain data and clarify certain modeling assumptions. These include, but are not necessarily limited to the following:
 Confirm the general objectives for performing this analysis and review the scope and schedule for completing it;
 Confirm communication protocols between HR&A and the City staff team, including the City Attorney’s office;
 Confirm the 24 prototypical mixed-use development scenarios for Bergamot, Boulevards, Lincoln, Downtown, General Commercial - Santa Monica Boulevard and Neighborhood Commercial (see Task 2 for the list of prototypes to be confirmed), including a range of flexibility in terms of changes to existing Tier structures, FAR, or height;
DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 165 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) HR&A Advisors, Inc. Proposal re: Santa Monica Community Benefit Fee Structures | 2  Confirm that HR&A will first test each prototype with the exact affordable housing requirements in the Zoning Code (i.e., base case) and then a set of requirements (i.e., household income levels, minimum unit sizes and affordable unit mix) provided by City staff;  Confirm that HR&A should use FY 2020-21 City development impact fee, permit charges and other fee schedules for development costs, and obtain the applicable schedules of all such fees, including recently approved standards for Tier 2 and Tier 3 developments;  Obtain the most current AHPP household income, maximum rent and maximum sale price schedule; and
 Discuss what types of City land use permits and environmental documentation should be assumed for each prototype (if different), and their related average approval schedules and costs; and  Discuss alternative means to improve construction cost estimates for the prototypes.

Deliverables: Meeting agenda and meeting summary memo.

Task 2. Develop the Specifications of All Development Prototypes.

Based on the results of the above meeting, HR&A will collaborate with City Planning staff to prepare a general profile for each of 24 prototypical development scenarios, including total site area (if different from 15,000 s.f. for the Boulevards), acceptable range of gross building floor area, total net floor area and related building efficiency factors, net floor area by land use, acceptable range of total building height and number of stories, average unit sizes for both market rate and affordable units, dwelling unit counts by type, parking counts and number of subterranean levels, among other modeling assumptions. This analysis will vary from our previous analyses, assuming concurrence from City staff, wherein we will design our model to test incremental development capacity (in terms of additional floors/FAR of multifamily housing and additional floors of subterranean parking) within a reasonable set of parameters (i.e., setbacks, construction type, etc.). These specifications should reflect all recent changes to development standards approved by the City Council. This will allow HR&A to rapidly and incrementally test additional development capacity required to support certain affordable housing requirements while maintaining acceptable developer profit margin to incentivize development.

Analyze a total of 24 prototypes including:
 Bergamot Area Plan – Mixed-Use CD and Bergamot Transit Village  Boulevards – Mixes Use Boulevard – Wilshire and Mixed-Use Boulevard Low - Santa Monica  General Commercial – Lincoln
 R2/R3 Zones
 Downtown – Transit Adjacent and Neighborhood Village
 General Commercial – Santa Monica Boulevard
 Neighborhood Commercial
Deliverable: Final specification of physical characteristics and related assumptions for all prototypes.

Task 3. Update Current Real Estate Market Conditions for the Most Sensitive Financial Feasibility Modeling Assumptions.

This includes updating relevant assumptions used in prior related HR&A financial feasibility modeling to preCOVID-19 conditions, specifically for up to 5 submarkets (potentially including Downtown, the Boulevards, Bergamot, Ocean Park, and Montana). In doing so HR&A will utilize a variety of third-party data sources available to HR&A, including Co-star, Reis, quarterly real estate market surveys prepared by several real estate brokerages and other real estate services that include either Santa Monica-specific or more general Westside rents, absorption and vacancy data, operating expenses, income capitalization rates, and project financing terms and pricing. Optional Task 12 below addresses various sensitivities that HR&A can run to demonstrate the potential impact of long-term impacts of the COVID-19 pandemic.

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 166 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) HR&A Advisors, Inc. Proposal re: Santa Monica Community Benefit Fee Structures | 3 HR&A will consult with local developers and architects to confirm the development cost assumptions during the course of the analytic process, as described in Task 10. HR&A can subcontract with an independent professional construction cost estimator to provide assumptions about above-grade and below grade hard construction costs for each prototype if required.

To support this work, City staff will supply HR&A with an updated inventory of recent multi-family projects that have been completed or still have active applications under review during the past five years, as applicable to all prototypes.

Deliverable: The assumptions derived from this Task will be incorporated into the deliverables for Task 4.

Task 4. Prepare Financial Feasibility Pro Forma Models for Each Prototype.

HR&A will first prepare two base case financial feasibility models for each retail/apartment prototype assuming the Tier 2 affordable housing options most frequently used by developers (i.e., first at 7.5% of the units affordable to 30% income households; then 15% affordable to 50% income households; each using the unit mix by bedrooms per unit and other requirements specified in the Zoning Code). HR&A will then prepare an analysis case for each prototype using a new set of affordable housing requirements determined through discussion with City staff. These feasibility models (both base cases and analysis case) will resemble the type of Excel workbook pro formas prepared by HR&A for previous analyses of this type.

Central to this analysis are the feasibility thresholds employed. Again, building on previous work of this type, HR&A will use two different, but related measures, both of which would have to be met for the results to be considered “financially feasible.” These are:
1) Return on Total Development Cost1, which is calculated as Net Operating Income divided by Total Development Cost, the result of which should be at least one to two percentage points above the weighted average of the income capitalization rates for each land use in the prototype; and 2) Developer Profit Margin, which is calculated as Capitalized Project Value minus Total Development Cost, the result of which should be at least equal to 10 percent of net Capitalized Project Value.

The pro forma models will be designed in a way that will make it relatively easy to test the implications of changing the key elements of a set of assumed affordable housing standards (i.e., percentage requirements by income level and unit mix), should any of the initial analysis cases prove to be financially infeasible. But HR&A will not make any such changes until the feasibility results for the base cases and initial analysis cases have been reported to City staff.

Deliverable: Pro forma model results for each prototype and associated affordable housing assumptions.

Task 5. Document 100% Affordable Housing Opportunities and Constraints.

HR&A will review and document development standards applicable to 100% affordable housing projects across the City, and will engage non-profit affordable housing developers to determine the impact of development standards on the feasibility of affordable housing projects. Because 100% affordable housing projects, which are typically funded through the use of Low-Income Housing Tax Credits (“LIHTC”) and other sources, are not well-suited to conventional financial feasibility pro forma analysis, HR&A will develop a list of opportunities and constraints for affordable housing projects Citywide and within individual zoning districts. This documentation will be focused on the impact of development standards and physical location on the availability of land, pursuit of funding/financing, and other relevant criteria. These findings will be summarized in the deliverable associated with Task 6.
1 Assuming rental projects only. Analysis for condo scenarios will require additional budget depending on the scope.

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 167 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) HR&A Advisors, Inc. Proposal re: Santa Monica Community Benefit Fee Structures | 4 Task 6. Preliminary Results Briefing.

At the end of the preceding task, HR&A will prepare a presentation-style briefing summary to support a discussion meeting with City staff. The purposes of this meeting are to report on: (1) the degree to which the prototypes are financially feasible; (2) the degree to which any new affordable housing requirements appear to be feasible; (3) if not, what adjustments to the modeling should be pursued to achieve financial feasibility, and in what order of policy priority (i.e., percentages of affordable units, affordability level and unit mix).

Deliverable: Briefing book summarizing pro forma modeling approach, assumptions and preliminary results.

Task 7. (Optional) Allowance for Further Feasibility Testing.

This is an as-needed task for any further sensitivity testing that may be required, should the initial analysis case results indicate that modifications of new affordable housing requirements or development standards would be needed to achieve financial feasibility for one or more of the prototypes. A general schedule and budget allowance are included for this task, but it may require augmentation if more than one round of sensitivity testing is required.

Deliverable: Additional pro forma model results, as needed.

Task 8. (Optional) Revised Results Briefing.

This is another as-needed task for summarizing and discussing the results with City staff about any needed sensitivity testing as described above.

Deliverable: Updated briefing book summarizing any additional pro forma modeling.

Task 9. Memorandum Report.

Once the analysis has been finalized and all questions and issues of concern to City staff have been addressed, HR&A will prepare a memorandum report describing the analysis approach, assumptions, findings and conclusions. The memorandum will include a concise executive summary, a narrative explanation of approach and key assumptions, and conclusions. It will also include attachments with the output from the financial feasibility models. The memorandum will be prepared first in draft for review and comment by the City staff project team, and then put into final form after considering any comments on the draft.

HR&A acknowledges that all preliminary and revised analysis, internal briefings and other communications with City staff will be treated as strictly confidential, and possibly subject to attorney-client privilege, until City staff approves public release of the Final Memorandum Report.

Deliverables: Draft and Final Memorandum Report.

Task 10. Stakeholder Briefings.

This task consists of: up to two roundtable briefings with developers (including non-profits), architects and property owners, which may be convened by the Santa Monica Area Chamber of Commerce, to provide input on key assumptions and to review HR&A’s draft findings, conclusions and recommendations; and up to two meetings with other local stakeholders to be determined in coordination with City staff, also to review HR&A’s draft findings, conclusions and recommendations. The specific schedule and format for these meetings will be determined after consultation with City staff but are intended to occur before Task 10 (Public Presentations).

Deliverables: Meeting presentation briefing materials and meeting results summary memos.

Task 11. Public Presentations.

This task is an allowance for HR&A to appear at public meetings to present and discuss the results of this analysis. For budgeting purposes, the schedule and budget assume two meetings with the Housing DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 168 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) HR&A Advisors, Inc. Proposal re: Santa Monica Community Benefit Fee Structures | 5 Commission, two with the Planning Commission and two with the City Council, including time to prepare materials for the meetings, contribute to relevant sections of staff reports and PowerPoint presentations, and participate in the meetings. The schedule for these meetings will be determined in consultation with City staff, but it is intended that one set of public meetings will occur prior to Task 8 (Memorandum Report) and one after Task 9 (Stakeholder Briefings).

Deliverables: HR&A presentation briefing materials and, as needed, written comments on companion City staff presentation.

Task 12. (Optional) COVID-19 Updates
Because our modeling will not yet account for the full near-term impacts of COVID-19 on the real estate market, we can update our analysis at a later date once the longer-term impacts are clear, or run subsequent sensitivity models. This task would assess the impact of various changes to real estate revenues, financing costs and construction costs on supportable levels of affordable housing.

PROPOSED STAFFING AND SCHEDULE
All the work described above will be prepared by qualified HR&A professional staff working under the direct supervision of Paul J. Silvern, Vice President. This includes Thomas Jansen, a Principal (as Project Manager), Ada Peng, a Senior Analyst and Jenna Gray, a Research Analyst.

Subject to further discussion with City staff, subsequent decisions about whether multiple rounds of sensitivity testing may be required, and assuming timely City staff input during the progress of the work, HR&A will complete the above-described tasks on approximately the following schedule, including overlaps between individual tasks to the degree possible, but also allowing for the further feasibility testing and related discussion tasks, if needed:

Task Cumulative Time
Task 1. Kick-off Meeting Week 1
Task 2. Specify 24 Prototypes Week 4
Task 3. Update Market Assumptions Week 6
Task 4. Base Case & Initial Analysis Case Feasibility Models Week 9 Task 5. Document 100% Affordable Housing Opportunities & Constraints Week 9 Task 6. Preliminary Results Briefing & Meeting Week 10
Task 7. Allowance for Further Feasibility Testing Week 12 Task 8. Allowance for Revised Results Briefing Week 14
Task 9. Draft & Final Memorandum Report To Be Determined Task 10. Stakeholder Briefings To Be Determined
Task 11. Presentations to Commissions & City Council To Be Determined Task 12. COIVD-19 Updates To Be Determined

PROPOSED BUDGET
Based on our experience with comparable projects, and taking into account certain economies available from our previous related assignments for the City, we estimate that the completion of the above scope of work will require a budget of $219,000.00, excluding customary reimbursable expenses (which we expect to be limited). This total is allocated among individual tasks approximately as follows.

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 169 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) HR&A Advisors, Inc. Proposal re: Santa Monica Community Benefit Fee Structures | 6 Task Cost
Task 1. Kick-off Meeting $4,000
Task 2. Specify 24 Prototypes $26,000
Task 3. Update Market Assumptions $24,000
Task 4. Base Case & Initial Analysis Case Feasibility Models $50,000 Task 5. Document 100% A.H Opportunities & Constraints $5,000 Task 6. Preliminary Results Briefing & Meeting $8,000
Task 7. Allowance for Further Feasibility Testing $24,000 Task 8. Allowance for Revised Results Briefing $8,000
Task 9. Draft & Final Memorandum Report $12,000
Task 10. Stakeholder Briefings $8,000
Task 11. Presentations to Commissions & City Council $20,000 Task 12. COVID-19 Updates $15,000
Subtotal Fees $204,000
Contingency $15,000
Total $219,000
The proposed budget includes a roughly 7.5 percent contingency, based on our experience that these kinds of analyses frequently require mid-term changes in assumptions that require additional work beyond the original scope of the assignment. Customary expenses should be limited to third party data acquisition and local travel to meetings; these are charged at their direct cost to HR&A without mark-up. Any additional services that may be requested can be provided on a time and materials basis, per the hourly rate schedules shown in Attachment A to this proposal letter, or on a mutually agreeable fixed fee basis, as City staff may prefer. We propose to invoice the City on a monthly basis for the percentage of each task completed during the prior month.
**********************
We hope you find the foregoing proposal responsive to the City’s needs. Once finalized, we assume City staff will prepare a standard City professional services contract using this proposal letter to define the scope of work, schedule and compensation. We are very familiar with the City contract, and related City contract requirements, and take no exceptions to their terms or conditions.

We can be available to discuss this proposal with you and your colleagues as needed to clarify any issues or discuss any amendments that may be required. We look forward to the possibility of working with you and the other members of the City project team on this assignment.

Sincerely,
PAUL J. SILVERN,
Vice President
Attachment A: 2020 HR&A Hourly Rate Schedule for Public Sector and Non-Profit Clients DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 170 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) HR&A Advisors, Inc. Proposal re: Santa Monica Community Benefit Fee Structures | 7 Attachment A
HR&A Advisors, Inc. 2020 Hourly Rate Schedule for Public Sector & Non-Profit Clients Hourly rates for HR&A staff are as follows:

Personnel Hourly Rate
Chair / Vice Chair $ 535
Partner $ 395
Principal $ 350
Director $ 315
Senior Analyst $ 240
Analyst $ 190
Research Analyst $ 150
Admin $ 105
HR&A bills for customary out-of-pocket expenses (e.g., travel costs, mass reproduction, specialized graphics, long-distance telephone, messenger and overnight delivery) at their direct cost to HR&A without mark-up.

Depositions, mediations, arbitration hearing or trial testimony hours are billed at time and one-half.

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 171 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) Exhibit B
Budget
DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 172 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) Exhibit C
Insurance Requirements and Verifications
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

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

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

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

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

If the Consultant maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 173 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

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

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

Claims Made Policies

1. If the Professional Liability policy provides “claims made” coverage:

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 174 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) a. The Retroactive Date must be shown and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them.

The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

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

DocuSign Envelope ID: E40D9E3E-2795-4CBE-85C6-23137938095E

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Packet Pg. 175 Attachment: Contract 108300 (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Advisors, Inc.) 1 FIRST MODIFICATION OF AGREEMENT NO. 108300 (CCS)
This First Modification of Agreement Number 108300 (CCS) (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and HR&A Advisors, Inc (“HR&A”) is made with reference to the following:

RECITALS
A. On or about November 23, 2020, the City and HR&A entered into Agreement Number 108300 (CCS) for professional services to support drafting and approval of the pending Housing Element Update (“Original Agreement”).

B. The City and HR&A desire to modify the Original Agreement to extend the contract term, include additional services to be performed by HR&A, and increase the contract price to pay for those additional services.

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

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

Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless terminated earlier as set forth in the Original Agreement or extended by the parties in writing.

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

Additional Services. HR&A will perform all of the additional services (“Additional Services”) described in Exhibit A-1, Scope of Services and Budget. HR&A will complete the Additional Services in accordance with Exhibit A-1.

3. Section 4 of the Original Agreement entitled “Compensation” shall be modified by adding the following paragraph:

Compensation. The City will compensate HR&A for the Additional Services in an amount not to exceed $39,900.00, as set forth in Exhibit A-1. The total contract price for services pursuant to the Original Agreement and this First Modification shall not exceed $258,900.00.

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

DocuSign Envelope ID: C2B2F9C2-38F8-400B-ABC8-B4117AA919C5 8/10/2021

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Packet Pg. 176 Attachment: Contract 108300 First Modification (5208 : Approval of Third Modification to Professional Services Agreement with HR&A 2 5. 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
HR&A Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: C2B2F9C2-38F8-400B-ABC8-B4117AA919C5 Interim City Attorney
George S. Cardona
8/10/2021
HR&A Advisors, Inc.

Paul J. Silvern, Vice President
8/10/2021
Paul J. Silvern
8/10/2021
John Jalili
Interim City Manager
9/7/2021
City Clerk
Denise Anderson-Warren

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Packet Pg. 177 Attachment: Contract 108300 First Modification (5208 : Approval of Third Modification to Professional Services Agreement with HR&A 3 Exhibit A-1
Scope of Services and Budget
DocuSign Envelope ID: C2B2F9C2-38F8-400B-ABC8-B4117AA919C5

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Packet Pg. 178 Attachment: Contract 108300 First Modification (5208 : Approval of Third Modification to Professional Services Agreement with HR&A New York | Dallas | Los Angeles | Raleigh | Washington DC June 7, 2021
via email to: [email protected]
Jing Yeo
Planning Manager
Community Development Dept. City Hall, Room 212
1685 Main Street
Santa Monica, CA 90404
Re: Additional Services for Housing Element Update Support Dear Jing:

Per your request, HR&A Advisors, Inc. (HR&A) is pleased to provide a scope and budget for additional services under Professional Services Agreement #108300 (CCS) entered into as of November 23rd, 2020, by and between the City of Santa Monica (City) and HR&A, to support drafting and approval of the pending Housing Element Update. The additional services include feasibility testing to determine whether increased development standards and/or new affordable housing requirements (i.e., in terms of percentages, unit mix and affordability levels) can accelerate development of mixed-income housing in R-1 neighborhoods. HR&A has already engaged John Kaliski Architects (JKA), Danielian Associates, and MGAC as subconsultants using our contingency as originally budgeted. We are requesting budget authorization to provide this additional support, along with preparation for and participation in additional public meetings.

The following sections of this letter present HR&A’s proposed additional services and updated budget to support the City’s Housing Element update.

PROPOSED ADDITIONAL SERVICES
Task 13: R-1 Diagrams (Reimbursement to JKA and Danielian Associates - $9,900) HR&A will engage John Kaliski Architects and Danielian Architects to develop alternative diagrams illustrating massing prototypes on typical City of Santa Monica R1 parcels of 7,500 Sq. Ft. in size and illustrating the immediate neighborhood context. The development programs for each of the alternatives will be based on program and zoning constraint information developed collaboratively between City staff and HR&A.

Deliverables: R-1 diagrams and zoning analysis based on eight development scenarios Task 14: Additional Public Meeting Support
This task is an allowance for HR&A to prepare for and participate in public meetings to present and discuss the results of HR&A analysis for the Housing Element Update. For budgeting purposes, the schedule and budget assume two meetings with the Housing Commission, two with the Planning Commission and one with the City Council, including time to prepare materials for the meetings, contribute to relevant sections of staff reports and PowerPoint presentations, and participate in the meetings. The schedule for these meetings will be determined in consultation with City staff.

Deliverables: HR&A presentation briefing materials and, as needed, written comments on companion City staff presentation.

DocuSign Envelope ID: C2B2F9C2-38F8-400B-ABC8-B4117AA919C5

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PROPOSED REVISED BUDGET
HR&A will complete the additional services with a revised contract total amount of $258,900 allocated by task approximately as follows:

TASKS BUDGET
TASK 1: KICK-OFF MEETING 4,000
TASK 2: SPECIFY 24 PROTOTYPES 26,000
TASK 3: UPDATE MARKET ASSUMPTIONS 24,000
TASK 4: BASE CASE AND INITIAL ANALYSIS CASE FEASIBILITY MODELS 50,000 TASK 5: DOCUMENT 100% A.H OPPORTUNITIES AND CONSTRAINTS 5,000 TASK 6: PRELIMINARY RESULTS BRIEFING AND MEETING 8,000
TASK 7: ALLOWANCE FOR FURTHER FEASIBILITY TESTING 24,000 TASK 8: ALLOWANCE FOR REVISED RESULTS BRIEFING 8,000
TASK 9: DRAFT AND FINAL MEMORANDUM REPORT. 12,000
TASK 10: STAKEHOLDER BRIEFINGS 8,000
TASK 11: PRESENTATIONS TO COMMISSIONS & CITY COUNCIL 20,000 TASK 12: COVID-19 UPDATES 15,000
CONTINGENCY (SUBCONTRACTOR SERVICES) 15,000
TOTAL: $219,000
ADDITIONAL SERVICES:

TASK 13: R -1 DIAGRAMS 9,900
TASK 14: ADDITIONAL PUBLIC MEETING SUPPORT 30,000
REVISED TOTAL: $258,900
**********************
We hope you find the foregoing proposal responsive to the City’s needs. Once finalized, we assume City staff will amend our existing contract with the revised scope of work and compensation.

We can be available to discuss this proposal with you and your colleagues as needed to clarify any issues or discuss any changes that may be required.

Sincerely,
PAUL J. SILVERN,
Vice President
DocuSign Envelope ID: C2B2F9C2-38F8-400B-ABC8-B4117AA919C5

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Packet Pg. 180 Attachment: Contract 108300 First Modification (5208 : Approval of Third Modification to Professional Services Agreement with HR&A Please attach additional pages if more space is required.

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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.

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Packet Pg. 181 Attachment: HRA Oaks Initiative_06-10-22 (1) [Revision 2] (5208 : Approval of Third Modification to Professional Services Agreement with Please attach additional pages if more space is required.

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:

Candace Damon, Eric Rothman, Danny Fuchs, Shuprotim Bhaumik, Kate Collignon, Kate Coburn, Kate Wittels, Cary Hirschstein, Andrea Batista Schlessinger, Stan Wall, Amitabh Barthakur, Paul Silvern, Judith Taylor, Phillip Kash, Bob Geolas, Jeff Hebert, Derek Fleming, Mason Ailstock, Jamie Dang, Marilyn Taylor HR&A is a 100% owned by its employees via HR&A Advisors, Inc. Employee Stock Ownership Plan, and no individual employee has a 10%+ ownership interest Paul J. Silvern Vice President
Paul J. Silvern Digitally signed by Paul J. Silvern
Date: 2022.06.10 06:12:51 -07'00' 06/10/22
[email protected] 310-751-3464

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Packet Pg. 182 Attachment: HRA Oaks Initiative_06-10-22 (1) [Revision 2] (5208 : Approval of Third Modification to Professional Services Agreement with City Council
Report
City Council Meeting: July 12, 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 Municipal Employees Association, Santa Monica Firefighters Local 1109 (1109), Santa Monica Police Officers Association and the Supervisory Team Association and a Side Letter Agreement between the City and 1109 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 Municipal Employees Association (MEA), Santa Monica Firefighters Local 1109 (1109), Santa Monica Police Officers Association (POA) and the Supervisory Team Association (STA) have resulted in a Tentative Agreement (TA) regarding a successor Memorandum of Understanding (MOU) with each bargaining unit and a Side Letter Agreement with 1109. Staff seeks Council authorization to enter into these agreements with these bargaining units. All groups finalized the ratification voting process, approving the terms of their respective TA. City staff recommend that the Council

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approve the ratified TAs to establish successor agreements between the City and these bargaining units.

Discussion
The MOU between the City and each bargaining unit establishes wages, hours, and other terms and conditions of employment. 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 has approved TAs with two bargaining units and is still in negotiations with three of these employee organizations (often referred to as bargaining groups or unions) whose contracts with the City expired on June 30, 2022.

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 City of Los Angeles and County of Los Angeles may also be included as a comparable agency depending on the classifications being surveyed.

The substantive changes for each TA are outlined below:

Municipal Employees Association
The Municipal Employees Association (MEA) represents 409 non-exempt general employees, including clerical staff, technical staff, and paraprofessionals. • Term of Agreement: July 1, 2022 through June 30, 2025.

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• July 3, 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 and a $3,000 lump sum bonus. • Add Cesar Chavez and Juneteenth as paid holidays.
• Restoration of Sick Leave Buyback Program.
• Increase to Temporary Upgrade Pay, employees currently receive $1.25 per hour while serving in a higher-level classification. This change will align them with other MOU’s which allow for an employee to receive the salary of the higher-level classification, providing a minimum 5% increase.
• Reopener regarding the manner in which holidays are compensated for employees who end up working on the actual holiday and a reopener regarding classification and compensation studies.
• Vacation Cash Out: Increase in the number of hours employees can cash out two times per year:
o Increase from 30 to 48 hours for 0-5 years of service. o No change for 5-10 years of service.
o Increase from 60 to 72 hours for 10-15 years of service. o Increase from 60 to 84 hours for 15+ years of service. • MEA employees who are assigned and respond to a mutual aid team shall be compensated for “portal to portal” at the straight-time rate.

Santa Monica Police Officers Association (POA)
The Santa Monica Police Officers Association (POA) has 220 exempt & non-exempt public safety employees in the Police Department, excluding the Police Chief. • Term of Agreement; July 1, 2022, through June 30, 2025.

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• July 3, 2022 = 4.5% salary increase, effective July 1, 2022, or the first pay period following Council approval of the MOU, whichever is later. • January 1, 2024 = 1% salary increase.
• January 1, 2025 = decrease CalPERS pension cost-sharing from 8.5% to 6%. • June 30, 2025 = decrease CalPERS pension cost-sharing from 6% to 4%. • Suspension of the Equity Study for one year effective, January 2024. • Restoration of Sick Leave Buyback Program.
• Add Cesar Chavez and Juneteenth as paid holidays.
• $900/month special deployment pay for Deputy Police Chief, Police Captains, and Police Lieutenants.
• Addition of “Wellness” hour while on shift.
• Increase uniform allowance from $80/month to $100/month.

Santa Monica Firefighters Local 1109 (1109)
The Santa Monica Firefighters Local 1109 (1109) has 119 exempt & non-exempt public safety employees in the Fire Department, excluding the Fire Chief and Deputy Fire Chiefs.
• Term of Pay Plan: July 1, 2022, through June 30, 2025. • July 3, 2022 = 4.5% salary increase plus a one-time payment of $8,500 in recognition of the salary decreases during fiscal years 2020-2022, 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.
• Increase of EMT bonus from 6.75% of top step Firefighter to 9.25% of top step Firefighter effective July 1, 2022, or the first pay period following Council

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approval of the MOU, whichever is later. Battalion Chiefs and the Fire Marshal will also simultaneously become eligible for an EMT bonus of 2.5% of top step Firefighter.
• Increase to deferred compensation employer contribution of 5% of base pay for employees who are designated as Public Employee Pension Reform Act (PEPRA) members for the purposes of retirement.
• Add Juneteenth as a paid holiday.
• Increase to Retiree Health Benefit Trust from $150.19 to $360/month. • Increase to Hazardous Materials (HazMat) and Urban Search and Rescues (USAR) team bonuses, from 4% of top step Firefighter to 6% of top step Firefighter if an employee is assigned to both teams.
• Remove the current caps for the amount of how many employees may be assigned to either team and therefore eligible for a HazMat or USAR bonus. • July 1, 2022 = decrease CalPERS pension cost-sharing from 6% to 1%, effective July 1, 2022, or the first pay period following Council approval of the MOU, whichever is later.
• Reopeners regarding the medical insurance provider and insurance for mental health and/or Post Traumatic Stress Disorder.
• Side Letter Agreement which will allow for employees to earn overtime at their own pay rate when working in a lower-level classification. This modification will expire December 31, 2022 and revert to the current practice where employees are paid at the rate for the lower-level classification.

Supervisory Team Association (STA)
The Supervisory Team Association (STA) has 98 non-exempt Supervisors. • Term of Agreement: July 1, 2022, through June 30, 2025.

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• July 3, 2022 = 4.5% salary increase plus a one-time signing bonus of $1,550, 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.
• Water Division bonuses:
o $75/month, $125/month or $175/month bonus for Water Treatment, Wastewater Collection, Water Distribution Certification bonuses, depending on the level of the certification.
• City-paid State Disability Insurance effective fiscal year 2024-2025. • Add bonus of $30 biweekly for Mobile Command post certification. • Add bonus of $30 biweekly for Crime Scene certification. • The City will conduct classification and compensation studies for certain positions that have yet to be determined.
• STA employees who are assigned and respond to a mutual aid team shall be compensated for “portal to portal” at the straight-time rate.

Financial Impacts and Budget Actions
The total cost of the negotiated changes contained in the tentative agreements presented in this report is approximately $11,594,356 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. If the changes are approved, staff will appropriate the FY 2022-23 changes in Non-Departmental for the General Fund and all other funds as listed in the table below. 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. Proposed Resolution
B. MEA FY22-23 Salary Schedule COLA 4.5%
C. FIRE FY22-23 Salary Schedule COLA 4.5%
D. POA FY22-23 Salary Schedule COLA 4.5%
E. STA FY22-23 Salary Schedule COLA 4.5%
Fund # Fund Name Total
01 General Fund $10,779,644
11 Beach Recreation Fund 37,569
12 Housing Authority Fund 48,750
50 Water Fund 60,189
51 Wastewater Fund 23,024
53 Pier Fund 84,758
54 Resource Recovery & Recycling Fund 83,091
55 Community Broadband Fund 6,668
57 Airport Fund 38,228
59 Cemetery Fund 14,195
60 Big Blue Bus Fund 361,481
70 Vehicle Management Fund 37,790
75 Risk Management Administration Fund 18,969
Total all funds $11,594,356

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1 City Council Meeting: July 12, 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 MUNICIPAL

EMPLOYEES ASSOCIATION, SANTA MONICA POLICE OFFICERS ASSOCIATION, SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF, AND SUPERVISORY TEAM

ASSOCIATES, AND A SIDE LETTER OF AGREEMENT WITH THE SANTA MONICA FIREFIGHTERS LOCAL 1109 IAFF
WHEREAS, authorized representatives of the City administration and the Municipal Employees Association (MEA), Santa Monica Police Officers Association (SMPOA), Santa Monica Firefighters Local 1109 IAFF (Local 1109), and Supervisory Team Associates (STA), 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 July 12, 2022, the tentative agreements reached between authorized representatives of the City administration and MEA, SMPOA, Local 1109, and STA, 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

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Packet Pg. 190 Attachment: Proposed Resolution [Revision 1] (5226 : MEA-1109-POA-STA) 2 WHEREAS, the purpose of each Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and MEA, POA, Local 1109, and STA, respectively;

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 Municipal Employees Association (MEA) and authorizes the City Manager to execute a Memorandum of Understanding with MEA (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 Santa Monica Police Officers Association (SMPOA) and authorizes the City Manager to execute a Memorandum of Understanding with SMPOA (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 Santa Monica Firefighters Local 1109 IAFF (Local 1109) and authorizes the City Manager to execute a Memorandum of Understanding with Local 1109 (FY2022-2025), and a Side Letter of Agreement with Local 1109, in accordance with this agreement.

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Packet Pg. 191 Attachment: Proposed Resolution [Revision 1] (5226 : MEA-1109-POA-STA) 3 SECTION 4. 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 Supervisory Team Associates (STA) and authorizes the City Manager to execute a Memorandum of Understanding with STA (FY2022-2025), in accordance with this agreement.

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

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Packet Pg. 192 Attachment: Proposed Resolution [Revision 1] (5226 : MEA-1109-POA-STA)

MUNICIPAL EMPLOYEES ASSOCIATION (MEA)
Salary Schedule for July 12, 2022 City Council Meeting
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
490 1 30.18 5,231.00 62,772.00 2,414.31
490 2 31.67 5,489.00 65,868.00 2,533.38
490 3 33.53 5,812.00 69,744.00 2,682.46
490 4 35.39 6,135.00 73,620.00 2,831.54
490 5 37.26 6,458.00 77,496.00 2,980.62
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
203 1 25.14 4,358.00 52,296.00 2,011.38
203 2 26.38 4,573.00 54,876.00 2,110.62
203 3 27.93 4,842.00 58,104.00 2,234.77
203 4 29.49 5,111.00 61,332.00 2,358.92
203 5 31.04 5,380.00 64,560.00 2,483.08
203 1 25.14 4,358.00 52,296.00 2,011.38
203 2 26.38 4,573.00 54,876.00 2,110.62
203 3 27.93 4,842.00 58,104.00 2,234.77
203 4 29.49 5,111.00 61,332.00 2,358.92
203 5 31.04 5,380.00 64,560.00 2,483.08
Class Title
ADMIN ASST-CITY MANAGER'S OFF 4000 MEA
ADMIN STAFF ASSISTANT 4001 MEA
9073 MEA
AIRPORT GUEST SERVICE REPR 4004 MEA
AIRPORT NOISE/OPERATIONS SPEC 4005 MEA
ADMIN STAFF ASST-CITY MGR'S OF 4002 MEA
ADMIN STAFF ASST-ENVIRON PROG 4003 MEA
AIRPORT STAFF ASSISTANT 4006 MEA
ANIMAL CARE ATTENDANT 4007 MEA
9034 MEA

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Packet Pg. 193 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 287 1 26.95 4,672.00 56,064.00 2,156.31
287 2 28.29 4,903.00 58,836.00 2,262.92
287 3 29.95 5,191.00 62,292.00 2,395.85
287 4 31.62 5,480.00 65,760.00 2,529.23
287 5 33.28 5,768.00 69,216.00 2,662.15
276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
487 1 30.16 5,228.00 62,736.00 2,412.92
487 2 31.65 5,486.00 65,832.00 2,532.00
487 3 33.51 5,809.00 69,708.00 2,681.08
487 4 35.37 6,131.00 73,572.00 2,829.69
487 5 37.23 6,454.00 77,448.00 2,978.77
690 1 33.83 5,864.00 70,368.00 2,706.46
690 2 35.50 6,153.00 73,836.00 2,839.85
690 3 37.59 6,515.00 78,180.00 3,006.92
690 4 39.68 6,877.00 82,524.00 3,174.00
690 5 41.76 7,239.00 86,868.00 3,341.08
639 1 33.10 5,738.00 68,856.00 2,648.31
639 2 34.74 6,021.00 72,252.00 2,778.92
639 3 36.78 6,376.00 76,512.00 2,942.77
639 4 38.83 6,730.00 80,760.00 3,106.15
639 5 40.87 7,084.00 85,008.00 3,269.54
664 1 33.46 5,800.00 69,600.00 2,676.92
664 2 35.12 6,087.00 73,044.00 2,809.38
664 3 37.18 6,445.00 77,340.00 2,974.62
664 4 39.25 6,803.00 81,636.00 3,139.85
664 5 41.31 7,161.00 85,932.00 3,305.08
854 1 37.03 6,418.00 77,016.00 2,962.15
854 2 38.86 6,735.00 80,820.00 3,108.46
854 3 41.14 7,131.00 85,572.00 3,291.23
854 4 43.43 7,527.00 90,324.00 3,474.00
854 5 45.71 7,923.00 95,076.00 3,656.77
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
ANIMAL CONTROL OFFICER 4008 MEA
AQUATICS PROGRAM COORDINATOR 4009 MEA
BUILDING &SAFETY PERMIT SPC II 4012 MEA
BUILDING SYSTEMS TECHNICIAN 4013 MEA
BILLING SPECIALIST 4010 MEA
BUILDING &SAFETY PERMIT SPC I 4011 MEA
BUYER 4015 MEA
CEMETERY SERVICES REP 4017 MEA
9125 MEA
BUSINESS ASSISTANT 4014 MEA
BUSINESS LICENSE INSPECTOR 4181 MEA

5.I.b
Packet Pg. 194 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 252 1 26.37 4,570.00 54,840.00 2,109.23
252 2 27.67 4,796.00 57,552.00 2,213.54
252 3 29.30 5,078.00 60,936.00 2,343.69
252 4 30.92 5,360.00 64,320.00 2,473.85
252 5 32.55 5,642.00 67,704.00 2,604.00
252 1 26.37 4,570.00 54,840.00 2,109.23
252 2 27.67 4,796.00 57,552.00 2,213.54
252 3 29.30 5,078.00 60,936.00 2,343.69
252 4 30.92 5,360.00 64,320.00 2,473.85
252 5 32.55 5,642.00 67,704.00 2,604.00
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
673 1 33.57 5,818.00 69,816.00 2,685.23
673 2 35.23 6,106.00 73,272.00 2,818.15
673 3 37.30 6,465.00 77,580.00 2,983.85
673 4 39.37 6,824.00 81,888.00 3,149.54
673 5 41.44 7,183.00 86,196.00 3,315.23
941 1 39.31 6,813.00 81,756.00 3,144.46
941 2 41.24 7,149.00 85,788.00 3,299.54
941 3 43.67 7,570.00 90,840.00 3,493.85
941 4 46.10 7,990.00 95,880.00 3,687.69
941 5 48.53 8,411.00 100,932.00 3,882.00
487 1 30.16 5,228.00 62,736.00 2,412.92
487 2 31.65 5,486.00 65,832.00 2,532.00
487 3 33.51 5,809.00 69,708.00 2,681.08
487 4 35.37 6,131.00 73,572.00 2,829.69
487 5 37.23 6,454.00 77,448.00 2,978.77
487 1 30.16 5,228.00 62,736.00 2,412.92
487 2 31.65 5,486.00 65,832.00 2,532.00
487 3 33.51 5,809.00 69,708.00 2,681.08
487 4 35.37 6,131.00 73,572.00 2,829.69
487 5 37.23 6,454.00 77,448.00 2,978.77
787 1 35.68 6,184.00 74,208.00 2,854.15
787 2 37.44 6,489.00 77,868.00 2,994.92
787 3 39.64 6,871.00 82,452.00 3,171.23
787 4 41.84 7,252.00 87,024.00 3,347.08
787 5 44.04 7,634.00 91,608.00 3,523.38
973 1 40.77 7,067.00 84,804.00 3,261.69
973 2 42.78 7,416.00 88,992.00 3,422.77
973 3 45.31 7,853.00 94,236.00 3,624.46
973 4 47.82 8,289.00 99,468.00 3,825.69
973 5 50.34 8,725.00 104,700.00 4,026.92
CHIEF POOL LIFEGUARD 4018 MEA
9037 MEA
CITY HALL RECEPTIONIST 4019 MEA
9133 MEA
CODE ENFORCEMENT OFFICER II 4022 MEA
CODE ENFORCEMENT SPECIALIST 4023 MEA
9156 MEA
CITY PLANNING STAFF ASSISTANT 4020 MEA
CODE ENFORCEMENT OFFICER I 4021 MEA
COMBINATION BUILDING INSP I 4024 MEA
COMBINATION BUILDING INSP II 4025 MEA

5.I.b
Packet Pg. 195 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 4026 MEA 981 1 54.51 9,449.00 113,388.00 4,361.08
552 1 31.86 5,523.00 66,276.00 2,549.08
552 2 33.44 5,796.00 69,552.00 2,675.08
552 3 35.41 6,137.00 73,644.00 2,832.46
552 4 37.37 6,478.00 77,736.00 2,989.85
552 5 39.34 6,819.00 81,828.00 3,147.23
552 1 31.86 5,523.00 66,276.00 2,549.08
552 2 33.44 5,796.00 69,552.00 2,675.08
552 3 35.41 6,137.00 73,644.00 2,832.46
552 4 37.37 6,478.00 77,736.00 2,989.85
552 5 39.34 6,819.00 81,828.00 3,147.23
552 1 31.86 5,523.00 66,276.00 2,549.08
552 2 33.44 5,796.00 69,552.00 2,675.08
552 3 35.41 6,137.00 73,644.00 2,832.46
552 4 37.37 6,478.00 77,736.00 2,989.85
552 5 39.34 6,819.00 81,828.00 3,147.23
552 1 31.86 5,523.00 66,276.00 2,549.08
552 2 33.44 5,796.00 69,552.00 2,675.08
552 3 35.41 6,137.00 73,644.00 2,832.46
552 4 37.37 6,478.00 77,736.00 2,989.85
552 5 39.34 6,819.00 81,828.00 3,147.23
552 1 31.86 5,523.00 66,276.00 2,549.08
552 2 33.44 5,796.00 69,552.00 2,675.08
552 3 35.41 6,137.00 73,644.00 2,832.46
552 4 37.37 6,478.00 77,736.00 2,989.85
552 5 39.34 6,819.00 81,828.00 3,147.23
552 1 31.86 5,523.00 66,276.00 2,549.08
552 2 33.44 5,796.00 69,552.00 2,675.08
552 3 35.41 6,137.00 73,644.00 2,832.46
552 4 37.37 6,478.00 77,736.00 2,989.85
552 5 39.34 6,819.00 81,828.00 3,147.23
914 1 38.57 6,686.00 80,232.00 3,085.85
914 2 40.48 7,016.00 84,192.00 3,238.15
914 3 42.86 7,429.00 89,148.00 3,428.77
914 4 45.24 7,841.00 94,092.00 3,618.92
914 5 47.62 8,254.00 99,048.00 3,809.54
645 1 33.18 5,751.00 69,012.00 2,654.31
645 2 34.82 6,035.00 72,420.00 2,785.38
645 3 36.87 6,390.00 76,680.00 2,949.23
645 4 38.91 6,745.00 80,940.00 3,113.08
645 5 40.96 7,100.00 85,200.00 3,276.92
645 1 33.18 5,751.00 69,012.00 2,654.31
645 2 34.82 6,035.00 72,420.00 2,785.38
645 3 36.87 6,390.00 76,680.00 2,949.23
645 4 38.91 6,745.00 80,940.00 3,113.08
645 5 40.96 7,100.00 85,200.00 3,276.92
164 1 23.97 4,154.00 49,848.00 1,917.23
164 2 25.15 4,359.00 52,308.00 2,011.85
164 3 26.63 4,615.00 55,380.00 2,130.00
164 4 28.11 4,872.00 58,464.00 2,248.62
164 5 29.58 5,128.00 61,536.00 2,366.77
450 1 29.52 5,117.00 61,404.00 2,361.69
450 2 30.98 5,369.00 64,428.00 2,478.00
450 3 32.80 5,685.00 68,220.00 2,623.85
450 4 34.62 6,001.00 72,012.00 2,769.69
450 5 36.44 6,317.00 75,804.00 2,915.54

COMBINATION BUILDING INSP III
COMMUNICATIONS OPERATOR 4027 MEA
9038 MEA
COMMUNICATIONS OPER-POLICE 4030 MEA
9039 MEA
COMMUNICATIONS SYSTEM TECH 4031 MEA
COMMUNICATIONS OPER-FIRE/LAT 4028 MEA
COMMUNICATIONS OPER-LATERAL TR 4029 MEA
COMMUNITY SERVICES OFFICER 4033 MEA
COMMUNITY ENGAGEMENT COORD 4210 MEA
9171 MEA
COMMUNITY GARDEN PROGRAM SPEC 4032 MEA

5.I.b
Packet Pg. 196 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
164 1 23.97 4,154.00 49,848.00 1,917.23
164 2 25.15 4,359.00 52,308.00 2,011.85
164 3 26.63 4,615.00 55,380.00 2,130.00
164 4 28.11 4,872.00 58,464.00 2,248.62
164 5 29.58 5,128.00 61,536.00 2,366.77
164 1 23.97 4,154.00 49,848.00 1,917.23
164 2 25.15 4,359.00 52,308.00 2,011.85
164 3 26.63 4,615.00 55,380.00 2,130.00
164 4 28.11 4,872.00 58,464.00 2,248.62
164 5 29.58 5,128.00 61,536.00 2,366.77
849 1 36.89 6,394.00 76,728.00 2,951.08
849 2 38.71 6,710.00 80,520.00 3,096.92
849 3 40.99 7,105.00 85,260.00 3,279.23
849 4 43.26 7,499.00 89,988.00 3,461.08
849 5 45.54 7,894.00 94,728.00 3,643.38
849 1 36.89 6,394.00 76,728.00 2,951.08
849 2 38.71 6,710.00 80,520.00 3,096.92
849 3 40.99 7,105.00 85,260.00 3,279.23
849 4 43.26 7,499.00 89,988.00 3,461.08
849 5 45.54 7,894.00 94,728.00 3,643.38
473 1 30.04 5,207.00 62,484.00 2,403.23
473 2 31.52 5,464.00 65,568.00 2,521.85
473 3 33.38 5,785.00 69,420.00 2,670.00
473 4 35.23 6,107.00 73,284.00 2,818.62
473 5 37.08 6,428.00 77,136.00 2,966.77
661 1 33.40 5,789.00 69,468.00 2,671.85
661 2 35.05 6,075.00 72,900.00 2,803.85
661 3 37.11 6,432.00 77,184.00 2,968.62
661 4 39.17 6,790.00 81,480.00 3,133.85
661 5 41.23 7,147.00 85,764.00 3,298.62
971 1 40.64 7,044.00 84,528.00 3,251.08
971 2 42.65 7,392.00 88,704.00 3,411.69
971 3 45.15 7,826.00 93,912.00 3,612.00
971 4 47.66 8,261.00 99,132.00 3,812.77
971 5 50.17 8,696.00 104,352.00 4,013.54
346 1 46.49 8,058.00 96,696.00 3,719.08
346 2 48.78 8,456.00 101,472.00 3,902.77
346 3 51.65 8,953.00 107,436.00 4,132.15
346 4 54.53 9,451.00 113,412.00 4,362.00
346 5 57.39 9,948.00 119,376.00 4,591.38
252 1 26.37 4,570.00 54,840.00 2,109.23
252 2 27.67 4,796.00 57,552.00 2,213.54
252 3 29.30 5,078.00 60,936.00 2,343.69
252 4 30.92 5,360.00 64,320.00 2,473.85
252 5 32.55 5,642.00 67,704.00 2,604.00
COMMUNITY SVS PROGRAM COORD 4034 MEA
9040 MEA
COMPUTER SUPPORT TECHNICIAN I 4037 MEA
COMPUTER SUPPORT TECHNICIAN II 4038 MEA
COMMUNITY SVS PROGRAM SPEC 4035 MEA
9041 MEA
COMPUTER SUPPORT SPECIALIST 4036 MEA
9102 MEA
COURT SERVICES COORDINATOR 4041 MEA
CONSTRUCTION SPECIALIST 4039 MEA
COUNCIL OFFICE COORDINATOR 4040 MEA

5.I.b
Packet Pg. 197 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 914 1 38.57 6,686.00 80,232.00 3,085.85
914 2 40.48 7,016.00 84,192.00 3,238.15
914 3 42.86 7,429.00 89,148.00 3,428.77
914 4 45.24 7,841.00 94,092.00 3,618.92
914 5 47.62 8,254.00 99,048.00 3,809.54
914 1 38.57 6,686.00 80,232.00 3,085.85
914 2 40.48 7,016.00 84,192.00 3,238.15
914 3 42.86 7,429.00 89,148.00 3,428.77
914 4 45.24 7,841.00 94,092.00 3,618.92
914 5 47.62 8,254.00 99,048.00 3,809.54
276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
433 1 29.26 5,071.00 60,852.00 2,340.46
433 2 30.70 5,322.00 63,864.00 2,456.31
433 3 32.51 5,635.00 67,620.00 2,600.77
433 4 34.32 5,948.00 71,376.00 2,745.23
433 5 36.12 6,261.00 75,132.00 2,889.69
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
774 1 35.45 6,144.00 73,728.00 2,835.69
774 2 37.19 6,447.00 77,364.00 2,975.54
774 3 39.39 6,827.00 81,924.00 3,150.92
774 4 41.57 7,206.00 86,472.00 3,325.85
774 5 43.76 7,585.00 91,020.00 3,500.77
687 1 33.80 5,858.00 70,296.00 2,703.69
687 2 35.46 6,147.00 73,764.00 2,837.08
687 3 37.55 6,509.00 78,108.00 3,004.15
687 4 39.63 6,870.00 82,440.00 3,170.77
687 5 41.72 7,232.00 86,784.00 3,337.85
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
580 1 32.01 5,549.00 66,588.00 2,561.08
580 2 33.59 5,823.00 69,876.00 2,687.54
580 3 35.57 6,166.00 73,992.00 2,845.85
580 4 37.55 6,508.00 78,096.00 3,003.69
580 5 39.53 6,851.00 82,212.00 3,162.00
CRIME PREVENTION COORD 4042 MEA
CUSTODY OFFICER 4211 MEA
CUSTOMER SERVICES ASSISTANT 4045 MEA
9042 MEA
CRIMINAL INVESTIGATNS SUP SPEC 4043 MEA
CULTURAL AFFAIRS COORDINATOR 4044 MEA
9116 MEA
EMPLOYEE BENEFITS TECHNICIAN 4048 MEA
ENGINEERING TECHNICIAN 4049 MEA
DEPUTY CITY CLERK 4046 MEA
EMPLOYEE BENEFITS SPECIALIST 4047 MEA

5.I.b
Packet Pg. 198 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 941 1 39.31 6,813.00 81,756.00 3,144.46
941 2 41.24 7,149.00 85,788.00 3,299.54
941 3 43.67 7,570.00 90,840.00 3,493.85
941 4 46.10 7,990.00 95,880.00 3,687.69
941 5 48.53 8,411.00 100,932.00 3,882.00
855 1 37.03 6,419.00 77,028.00 2,962.62
855 2 38.86 6,736.00 80,832.00 3,108.92
855 3 41.15 7,133.00 85,596.00 3,292.15
855 4 43.44 7,529.00 90,348.00 3,474.92
855 5 45.72 7,925.00 95,100.00 3,657.69
639 1 33.10 5,738.00 68,856.00 2,648.31
639 2 34.74 6,021.00 72,252.00 2,778.92
639 3 36.78 6,376.00 76,512.00 2,942.77
639 4 38.83 6,730.00 80,760.00 3,106.15
639 5 40.87 7,084.00 85,008.00 3,269.54
639 1 33.10 5,738.00 68,856.00 2,648.31
639 2 34.74 6,021.00 72,252.00 2,778.92
639 3 36.78 6,376.00 76,512.00 2,942.77
639 4 38.83 6,730.00 80,760.00 3,106.15
639 5 40.87 7,084.00 85,008.00 3,269.54
664 1 33.46 5,800.00 69,600.00 2,676.92
664 2 35.12 6,087.00 73,044.00 2,809.38
664 3 37.18 6,445.00 77,340.00 2,974.62
664 4 39.25 6,803.00 81,636.00 3,139.85
664 5 41.31 7,161.00 85,932.00 3,305.08
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
391 1 28.23 4,893.00 58,716.00 2,258.31
391 2 29.63 5,135.00 61,620.00 2,370.00
391 3 31.37 5,437.00 65,244.00 2,509.38
391 4 33.11 5,739.00 68,868.00 2,648.77
391 5 34.85 6,041.00 72,492.00 2,788.15
391 1 28.23 4,893.00 58,716.00 2,258.31
391 2 29.63 5,135.00 61,620.00 2,370.00
391 3 31.37 5,437.00 65,244.00 2,509.38
391 4 33.11 5,739.00 68,868.00 2,648.77
391 5 34.85 6,041.00 72,492.00 2,788.15
421 1 34.67 6,009.00 72,108.00 2,773.38
421 2 36.38 6,305.00 75,660.00 2,910.00
421 3 38.52 6,676.00 80,112.00 3,081.23
421 4 40.66 7,047.00 84,564.00 3,252.46
421 5 42.80 7,418.00 89,016.00 3,423.69
856 1 41.60 7,211.00 86,532.00 3,328.15
856 2 43.66 7,567.00 90,804.00 3,492.46
856 3 46.22 8,012.00 96,144.00 3,697.85
856 4 48.79 8,457.00 101,484.00 3,903.23
856 5 51.36 8,902.00 106,824.00 4,108.62
EVENT COORDINATOR 4051 MEA
9045 MEA
EXECUTIVE ADMIN ASST 4052 MEA
ENVIRONMENTAL & SAFETY INSP SP 4163 MEA
ENVIRONMENTAL COMPLIANCE SPEC 4050 MEA
FARMERS' MARKET ASSISTANT 4053 MEA
9160 MEA
FARMERS' MARKET COORDINATOR I 4054 MEA
9046 MEA
FIELD INSPECTOR I 4055 MEA
FIELD INSPECTOR II 4056 MEA

5.I.b
Packet Pg. 199 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 673 1 33.57 5,818.00 69,816.00 2,685.23
673 2 35.23 6,106.00 73,272.00 2,818.15
673 3 37.30 6,465.00 77,580.00 2,983.85
673 4 39.37 6,824.00 81,888.00 3,149.54
673 5 41.44 7,183.00 86,196.00 3,315.23
941 1 39.31 6,813.00 81,756.00 3,144.46
941 2 41.24 7,149.00 85,788.00 3,299.54
941 3 43.67 7,570.00 90,840.00 3,493.85
941 4 46.10 7,990.00 95,880.00 3,687.69
941 5 48.53 8,411.00 100,932.00 3,882.00
774 1 35.45 6,144.00 73,728.00 2,835.69
774 2 37.19 6,447.00 77,364.00 2,975.54
774 3 39.39 6,827.00 81,924.00 3,150.92
774 4 41.57 7,206.00 86,472.00 3,325.85
774 5 43.76 7,585.00 91,020.00 3,500.77
922 1 38.78 6,721.00 80,652.00 3,102.00
922 2 40.68 7,052.00 84,624.00 3,254.77
922 3 43.08 7,467.00 89,604.00 3,446.31
922 4 45.47 7,882.00 94,584.00 3,637.85
922 5 47.87 8,297.00 99,564.00 3,829.38
934 1 39.12 6,780.00 81,360.00 3,129.23
934 2 41.05 7,115.00 85,380.00 3,283.85
934 3 43.46 7,533.00 90,396.00 3,476.77
934 4 45.88 7,952.00 95,424.00 3,670.15
934 5 48.29 8,370.00 100,440.00 3,863.08
150 1 23.81 4,127.00 49,524.00 1,904.77
150 2 24.99 4,331.00 51,972.00 1,998.92
150 3 26.46 4,586.00 55,032.00 2,116.62
150 4 27.92 4,840.00 58,080.00 2,233.85
150 5 29.39 5,095.00 61,140.00 2,351.54
150 1 23.81 4,127.00 49,524.00 1,904.77
150 2 24.99 4,331.00 51,972.00 1,998.92
150 3 26.46 4,586.00 55,032.00 2,116.62
150 4 27.92 4,840.00 58,080.00 2,233.85
150 5 29.39 5,095.00 61,140.00 2,351.54
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
FIRE CODE ENFORCEMT OFFICER I 4057 MEA
FIRE CODE ENFORCEMT OFFICER II 4058 MEA
FIREFIGHTER RECRUIT 4060 MEA
FISCAL STAFF ASST I 4061 MEA
9122 MEA
FIRE FACILITES & MAINT COORD 4165 MEA
FIRE PREVENTION COORDINATOR 4216 MEA
FISCAL STAFF ASST II 4062 MEA
9123 MEA
FISCAL STAFF ASST III 4063 MEA
9124 MEA

5.I.b
Packet Pg. 200 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 400 1 28.97 5,022.00 60,264.00 2,317.85
400 2 30.40 5,270.00 63,240.00 2,432.31
400 3 32.19 5,580.00 66,960.00 2,575.38
400 4 33.98 5,890.00 70,680.00 2,718.46
400 5 35.77 6,200.00 74,400.00 2,861.54
914 1 38.57 6,686.00 80,232.00 3,085.85
914 2 40.48 7,016.00 84,192.00 3,238.15
914 3 42.86 7,429.00 89,148.00 3,428.77
914 4 45.24 7,841.00 94,092.00 3,618.92
914 5 47.62 8,254.00 99,048.00 3,809.54
464 1 29.83 5,170.00 62,040.00 2,386.15
464 2 31.30 5,426.00 65,112.00 2,504.31
464 3 33.14 5,745.00 68,940.00 2,651.54
464 4 34.98 6,064.00 72,768.00 2,798.77
464 5 36.83 6,383.00 76,596.00 2,946.00
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
276 1 26.72 4,631.00 55,572.00 2,137.38
276 2 28.03 4,859.00 58,308.00 2,242.62
276 3 29.68 5,145.00 61,740.00 2,374.62
276 4 31.33 5,431.00 65,172.00 2,506.62
276 5 32.98 5,717.00 68,604.00 2,638.62
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
420 1 28.74 4,981.00 59,772.00 2,298.92
420 2 30.16 5,227.00 62,724.00 2,412.46
420 3 31.93 5,534.00 66,408.00 2,554.15
420 4 33.70 5,842.00 70,104.00 2,696.31
420 5 35.48 6,149.00 73,788.00 2,838.00
FORENSIC TECHNICIAN 4066 MEA
FUNERAL SERVICES TECHNICIAN 4067 MEA
FLEET SERVICES WRITER 4064 MEA
FORENSIC SPECIALIST 4065 MEA
GUEST SERVICES ASSISTANT 4070 MEA
9049 MEA
GUEST SERVICES COORDINATOR 4071 MEA
GRAPHIC DESIGN ASST 4068 MEA
GRAPHIC DESIGNER 4069 MEA
9048 MEA
HAZARDOUS MATERIALS TECHNICIAN 4072 MEA

5.I.b
Packet Pg. 201 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 303 1 27.31 4,733.00 56,796.00 2,184.46
303 2 28.66 4,967.00 59,604.00 2,292.46
303 3 30.34 5,259.00 63,108.00 2,427.23
303 4 32.03 5,551.00 66,612.00 2,562.00
303 5 33.71 5,843.00 70,116.00 2,696.77
830 1 36.39 6,307.00 75,684.00 2,910.92
830 2 38.18 6,618.00 79,416.00 3,054.46
830 3 40.43 7,007.00 84,084.00 3,234.00
830 4 42.68 7,397.00 88,764.00 3,414.00
830 5 44.92 7,786.00 93,432.00 3,593.54
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
687 1 33.80 5,858.00 70,296.00 2,703.69
687 2 35.46 6,147.00 73,764.00 2,837.08
687 3 37.55 6,509.00 78,108.00 3,004.15
687 4 39.63 6,870.00 82,440.00 3,170.77
687 5 41.72 7,232.00 86,784.00 3,337.85
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
078 1 21.14 3,664.00 43,968.00 1,691.08
078 2 22.18 3,845.00 46,140.00 1,774.62
078 3 23.49 4,071.00 48,852.00 1,878.92
078 4 24.79 4,297.00 51,564.00 1,983.23
078 5 26.09 4,523.00 54,276.00 2,087.54
914 1 38.57 6,686.00 80,232.00 3,085.85
914 2 40.48 7,016.00 84,192.00 3,238.15
914 3 42.86 7,429.00 89,148.00 3,428.77
914 4 45.24 7,841.00 94,092.00 3,618.92
914 5 47.62 8,254.00 99,048.00 3,809.54
543 1 28.84 4,999.00 59,988.00 2,307.23
543 2 30.26 5,245.00 62,940.00 2,420.77
543 3 32.04 5,554.00 66,648.00 2,563.38
543 4 33.82 5,862.00 70,344.00 2,705.54
543 5 35.60 6,171.00 74,052.00 2,848.15
HOUSING SPECIALIST 4074 MEA
HUMAN RESOURCES ASSISTANT 4075 MEA
9132 MEA
HOUSING INSPECTOR 4073 MEA
HUMAN RESOURCES TECHNICIAN 4077 MEA
9170 MEA
JAIL SERVICES ATTENDANT 4078 MEA
HUMAN RESOURCES FISCAL TECH 4164 MEA
HUMAN RESOURCES SPECIALIST 4076 MEA
LCNG TECHNICIAN 4080 MEA
LEAD ANIMAL CONTROL OFFICER 4081 MEA

5.I.b
Packet Pg. 202 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 645 1 33.18 5,751.00 69,012.00 2,654.31
645 2 34.82 6,035.00 72,420.00 2,785.38
645 3 36.87 6,390.00 76,680.00 2,949.23
645 4 38.91 6,745.00 80,940.00 3,113.08
645 5 40.96 7,100.00 85,200.00 3,276.92
983 1 42.24 7,322.00 87,864.00 3,379.38
983 2 44.33 7,684.00 92,208.00 3,546.46
983 3 46.94 8,136.00 97,632.00 3,755.08
983 4 49.55 8,588.00 103,056.00 3,963.69
983 5 52.15 9,040.00 108,480.00 4,172.31
984 1 46.36 8,035.00 96,420.00 3,708.46
984 2 48.65 8,432.00 101,184.00 3,891.69
984 3 51.51 8,928.00 107,136.00 4,120.62
984 4 54.37 9,424.00 113,088.00 4,349.54
984 5 57.23 9,920.00 119,040.00 4,578.46
546 1 31.00 5,374.00 64,488.00 2,480.31
546 2 32.53 5,639.00 67,668.00 2,602.62
546 3 34.45 5,971.00 71,652.00 2,755.85
546 4 36.36 6,302.00 75,624.00 2,908.62
546 5 38.27 6,634.00 79,608.00 3,061.85
982 1 41.48 7,189.00 86,268.00 3,318.00
982 2 43.52 7,544.00 90,528.00 3,481.85
982 3 46.08 7,988.00 95,856.00 3,686.77
982 4 48.64 8,431.00 101,172.00 3,891.23
982 5 51.20 8,875.00 106,500.00 4,096.15
050 1 20.20 3,501.00 42,012.00 1,615.85
050 2 21.20 3,674.00 44,088.00 1,695.69
050 3 22.44 3,890.00 46,680.00 1,795.38
050 4 23.69 4,106.00 49,272.00 1,895.08
050 5 24.93 4,322.00 51,864.00 1,994.77
550 1 30.72 5,325.00 63,900.00 2,457.69
550 2 32.24 5,588.00 67,056.00 2,579.08
550 3 34.14 5,917.00 71,004.00 2,730.92
550 4 36.03 6,245.00 74,940.00 2,882.31
550 5 37.93 6,574.00 78,888.00 3,034.15
394 1 28.30 4,905.00 58,860.00 2,263.85
394 2 29.70 5,148.00 61,776.00 2,376.00
394 3 31.44 5,450.00 65,400.00 2,515.38
394 4 33.19 5,753.00 69,036.00 2,655.23
394 5 34.94 6,056.00 72,672.00 2,795.08
982 1 41.48 7,189.00 86,268.00 3,318.00
982 2 43.52 7,544.00 90,528.00 3,481.85
982 3 46.08 7,988.00 95,856.00 3,686.77
982 4 48.64 8,431.00 101,172.00 3,891.23
982 5 51.20 8,875.00 106,500.00 4,096.15
433 1 29.26 5,071.00 60,852.00 2,340.46
433 2 30.70 5,322.00 63,864.00 2,456.31
433 3 32.51 5,635.00 67,620.00 2,600.77
433 4 34.32 5,948.00 71,376.00 2,745.23
433 5 36.12 6,261.00 75,132.00 2,889.69
838 1 41.01 7,108.00 85,296.00 3,280.62
838 2 43.03 7,459.00 89,508.00 3,442.62
838 3 45.57 7,898.00 94,776.00 3,645.23
838 4 48.09 8,336.00 100,032.00 3,847.38
838 5 50.63 8,775.00 105,300.00 4,050.00
LEAD BUILDING & SAFE PERMIT SP 4082 MEA
LEAD CODE ENFORCEMENT OFFICER 4083 MEA
LEAD CRIME PREVENTION COORD 4086 MEA
LEAD CROSSING GUARD 4087 MEA
LEAD COMBINATION BUILDING INSP 4084 MEA
LEAD COMMUNITY SVS OFFICER 4085 MEA
LEAD FORENSIC SPECIALIST 4089 MEA
LEAD JAILER 4090 MEA
LEAD CUSTODY OFFICER 4212 MEA
LEAD CUSTOMER SERVICES ASST 4088 MEA
LEAD PIER & HARBOR SVCS OFF 4091 MEA

5.I.b
Packet Pg. 203 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 289 1 28.96 5,020.00 60,240.00 2,316.92
289 2 30.39 5,268.00 63,216.00 2,431.38
289 3 32.18 5,578.00 66,936.00 2,574.46
289 4 33.97 5,888.00 70,656.00 2,717.54
289 5 35.76 6,198.00 74,376.00 2,860.62
399 1 28.40 4,922.00 59,064.00 2,271.69
399 2 29.80 5,165.00 61,980.00 2,383.85
399 3 31.55 5,468.00 65,616.00 2,523.69
399 4 33.30 5,772.00 69,264.00 2,664.00
399 5 35.05 6,076.00 72,912.00 2,804.31
592 1 32.26 5,592.00 67,104.00 2,580.92
592 2 33.85 5,868.00 70,416.00 2,708.31
592 3 35.85 6,214.00 74,568.00 2,868.00
592 4 37.84 6,559.00 78,708.00 3,027.23
592 5 39.83 6,904.00 82,848.00 3,186.46
468 1 29.94 5,190.00 62,280.00 2,395.38
468 2 31.42 5,446.00 65,352.00 2,513.54
468 3 33.27 5,766.00 69,192.00 2,661.23
468 4 35.12 6,087.00 73,044.00 2,809.38
468 5 36.96 6,407.00 76,884.00 2,957.08
836 1 36.84 6,385.00 76,620.00 2,946.92
836 2 38.66 6,701.00 80,412.00 3,092.77
836 3 40.93 7,095.00 85,140.00 3,274.62
836 4 43.21 7,489.00 89,868.00 3,456.46
836 5 45.48 7,883.00 94,596.00 3,638.31
836 1 36.84 6,385.00 76,620.00 2,946.92
836 2 38.66 6,701.00 80,412.00 3,092.77
836 3 40.93 7,095.00 85,140.00 3,274.62
836 4 43.21 7,489.00 89,868.00 3,456.46
836 5 45.48 7,883.00 94,596.00 3,638.31
795 1 38.46 6,667.00 80,004.00 3,077.08
795 2 40.36 6,996.00 83,952.00 3,228.92
795 3 42.74 7,408.00 88,896.00 3,419.08
795 4 45.11 7,819.00 93,828.00 3,608.77
795 5 47.49 8,231.00 98,772.00 3,798.92
140 1 23.93 4,148.00 49,776.00 1,914.46
140 2 25.11 4,353.00 52,236.00 2,009.08
140 3 26.59 4,609.00 55,308.00 2,127.23
140 4 28.07 4,865.00 58,380.00 2,245.38
140 5 29.54 5,121.00 61,452.00 2,363.54
140 1 23.93 4,148.00 49,776.00 1,914.46
140 2 25.11 4,353.00 52,236.00 2,009.08
140 3 26.59 4,609.00 55,308.00 2,127.23
140 4 28.07 4,865.00 58,380.00 2,245.38
140 5 29.54 5,121.00 61,452.00 2,363.54
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
LEAD PUBLIC SERVICES OFFICER 4093 MEA
LEAD RES REC & RECYC BIL SPEC 4094 MEA
LEAD POLICE RECORDS TECHNICIAN 4092 MEA
LEAD TRANSIT TRAINING COORD 4097 MEA
LIBRARY ASSISTANT I 4219 MEA
9176 MEA
LEAD TRAFFIC SERVICES OFFICER 4095 MEA
LEAD TRAFFIC SIGNAL TECHNICIAN 4096 MEA
9172 MEA
LIBRARY ASSISTANT II 4098 MEA
9052 MEA

5.I.b
Packet Pg. 204 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
401 1 29.16 5,054.00 60,648.00 2,332.62
401 2 30.59 5,303.00 63,636.00 2,447.54
401 3 32.39 5,615.00 67,380.00 2,591.54
401 4 34.19 5,927.00 71,124.00 2,735.54
401 5 35.99 6,239.00 74,868.00 2,879.54
401 1 29.16 5,054.00 60,648.00 2,332.62
401 2 30.59 5,303.00 63,636.00 2,447.54
401 3 32.39 5,615.00 67,380.00 2,591.54
401 4 34.19 5,927.00 71,124.00 2,735.54
401 5 35.99 6,239.00 74,868.00 2,879.54
551 1 30.91 5,358.00 64,296.00 2,472.92
551 2 32.44 5,623.00 67,476.00 2,595.23
551 3 34.35 5,954.00 71,448.00 2,748.00
551 4 36.25 6,284.00 75,408.00 2,900.31
551 5 38.16 6,615.00 79,380.00 3,053.08
224 1 25.53 4,425.00 53,100.00 2,042.31
224 2 26.79 4,644.00 55,728.00 2,143.38
224 3 28.37 4,917.00 59,004.00 2,269.38
224 4 29.94 5,190.00 62,280.00 2,395.38
224 5 31.52 5,463.00 65,556.00 2,521.38
224 1 25.53 4,425.00 53,100.00 2,042.31
224 2 26.79 4,644.00 55,728.00 2,143.38
224 3 28.37 4,917.00 59,004.00 2,269.38
224 4 29.94 5,190.00 62,280.00 2,395.38
224 5 31.52 5,463.00 65,556.00 2,521.38
100 1 23.08 4,000.00 48,000.00 1,846.15
100 2 24.21 4,197.00 50,364.00 1,937.08
100 3 25.64 4,444.00 53,328.00 2,051.08
100 4 27.06 4,691.00 56,292.00 2,165.08
100 5 28.49 4,938.00 59,256.00 2,279.08
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
382 1 28.10 4,871.00 58,452.00 2,248.15
382 2 29.49 5,111.00 61,332.00 2,358.92
382 3 31.22 5,412.00 64,944.00 2,497.85
382 4 32.95 5,712.00 68,544.00 2,636.31
382 5 34.69 6,013.00 72,156.00 2,775.23
LIBRARY LITERACY PROGRAM ASST 4218 MEA
LIBRARY PROGRAM SPECIALIST-Y&F 4217 MEA
9062 MEA
LIBRARY ASSISTANT III 4099 MEA
MARKETING/COMMUNICATION ASST 4102 MEA
9064 MEA
MOBILITY ASSISTANT 4213 MEA
LIBRARY SERVICES OFFICER 4100 MEA
9053 MEA
MAIL COURIER 4101 MEA
PARKING CITATION REVIEW OFFC 4103 MEA

5.I.b
Packet Pg. 205 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 855 1 37.03 6,419.00 77,028.00 2,962.62
855 2 38.86 6,736.00 80,832.00 3,108.92
855 3 41.15 7,133.00 85,596.00 3,292.15
855 4 43.44 7,529.00 90,348.00 3,474.92
855 5 45.72 7,925.00 95,100.00 3,657.69
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
687 1 33.80 5,858.00 70,296.00 2,703.69
687 2 35.46 6,147.00 73,764.00 2,837.08
687 3 37.55 6,509.00 78,108.00 3,004.15
687 4 39.63 6,870.00 82,440.00 3,170.77
687 5 41.72 7,232.00 86,784.00 3,337.85
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
837 1 38.15 6,613.00 79,356.00 3,052.15
837 2 40.03 6,939.00 83,268.00 3,202.62
837 3 42.39 7,348.00 88,176.00 3,391.38
837 4 44.75 7,756.00 93,072.00 3,579.69
837 5 47.10 8,164.00 97,968.00 3,768.00
837 1 38.15 6,613.00 79,356.00 3,052.15
837 2 40.03 6,939.00 83,268.00 3,202.62
837 3 42.39 7,348.00 88,176.00 3,391.38
837 4 44.75 7,756.00 93,072.00 3,579.69
837 5 47.10 8,164.00 97,968.00 3,768.00
787 1 35.68 6,184.00 74,208.00 2,854.15
787 2 37.44 6,489.00 77,868.00 2,994.92
787 3 39.64 6,871.00 82,452.00 3,171.23
787 4 41.84 7,252.00 87,024.00 3,347.08
787 5 44.04 7,634.00 91,608.00 3,523.38
973 1 40.77 7,067.00 84,804.00 3,261.69
973 2 42.78 7,416.00 88,992.00 3,422.77
973 3 45.31 7,853.00 94,236.00 3,624.46
973 4 47.82 8,289.00 99,468.00 3,825.69
973 5 50.34 8,725.00 104,700.00 4,026.92
4111 MEA 981 1 54.51 9,449.00 113,388.00 4,361.08
4112 MEA 981 1 54.51 9,449.00 113,388.00 4,361.08
973 1 40.77 7,067.00 84,804.00 3,261.69
973 2 42.78 7,416.00 88,992.00 3,422.77
973 3 45.31 7,853.00 94,236.00 3,624.46
973 4 47.82 8,289.00 99,468.00 3,825.69
973 5 50.34 8,725.00 104,700.00 4,026.92
787 1 35.68 6,184.00 74,208.00 2,854.15
787 2 37.44 6,489.00 77,868.00 2,994.92
787 3 39.64 6,871.00 82,452.00 3,171.23
787 4 41.84 7,252.00 87,024.00 3,347.08
787 5 44.04 7,634.00 91,608.00 3,523.38
969 1 41.60 7,211.00 86,532.00 3,328.15
969 2 43.66 7,567.00 90,804.00 3,492.46
969 3 46.22 8,012.00 96,144.00 3,697.85
969 4 48.79 8,457.00 101,484.00 3,903.23
969 5 51.36 8,902.00 106,824.00 4,108.62
969 1 41.60 7,211.00 86,532.00 3,328.15
PARKING PERMITS ASST 4105 MEA
9153 MEA
PAYROLL SPECIALIST 4106 MEA
PARKING OPERATIONS SPECIALIST 4104 MEA
PLANS EXAMINER I-ELECTRICAL 4109 MEA
PLANS EXAMINER II-ELECTRICAL 4110 MEA
PERMIT SPECIALIST 4107 MEA
PIER & HARBOR SERVICES OFFICER 4108 MEA
9055 MEA
POLICE OFFICER-TRAINEE 4115 MEA
9110 MEA

PLANS EXAMINER III-ELECTRICAL

PLANS EXAMINER III-MECH/PLUMB
PLANS EXAMINER II-MECH/PLUMB 4113 MEA
PLANS EXAMINER I-MECH/PLUMB 4114 MEA

5.I.b
Packet Pg. 206 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 969 2 43.66 7,567.00 90,804.00 3,492.46
969 3 46.22 8,012.00 96,144.00 3,697.85
969 4 48.79 8,457.00 101,484.00 3,903.23
969 5 51.36 8,902.00 106,824.00 4,108.62
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
581 1 32.57 5,646.00 67,752.00 2,605.85
581 2 34.18 5,925.00 71,100.00 2,734.62
581 3 36.19 6,273.00 75,276.00 2,895.23
581 4 38.20 6,622.00 79,464.00 3,056.31
581 5 40.21 6,970.00 83,640.00 3,216.92
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
916 1 38.60 6,690.00 80,280.00 3,087.69
916 2 40.50 7,020.00 84,240.00 3,240.00
916 3 42.88 7,433.00 89,196.00 3,430.62
916 4 45.27 7,846.00 94,152.00 3,621.23
916 5 47.65 8,259.00 99,108.00 3,811.85
916 1 38.60 6,690.00 80,280.00 3,087.69
916 2 40.50 7,020.00 84,240.00 3,240.00
916 3 42.88 7,433.00 89,196.00 3,430.62
916 4 45.27 7,846.00 94,152.00 3,621.23
916 5 47.65 8,259.00 99,108.00 3,811.85
438 1 29.38 5,093.00 61,116.00 2,350.62
438 2 30.84 5,345.00 64,140.00 2,466.92
438 3 32.65 5,659.00 67,908.00 2,611.85
438 4 34.47 5,974.00 71,688.00 2,757.23
438 5 36.28 6,288.00 75,456.00 2,902.15
438 1 29.38 5,093.00 61,116.00 2,350.62
438 2 30.84 5,345.00 64,140.00 2,466.92
438 3 32.65 5,659.00 67,908.00 2,611.85
438 4 34.47 5,974.00 71,688.00 2,757.23
438 5 36.28 6,288.00 75,456.00 2,902.15
POLICE PERSONNEL SERVICES TECH 4116 MEA
POLICE RECORDS TECHNICIAN 4119 MEA
PRODUCTION COORDINATOR 4157 MEA
9071 MEA
POLICE PROPERTY EVIDENCE CLERK 4117 MEA
POLICE RANGE MASTER 4118 MEA
PRODUCTION SPECIALIST 4206 MEA
9117 MEA

5.I.b
Packet Pg. 207 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
517 1 30.54 5,293.00 63,516.00 2,442.92
517 2 32.05 5,555.00 66,660.00 2,563.85
517 3 33.93 5,882.00 70,584.00 2,714.77
517 4 35.82 6,208.00 74,496.00 2,865.23
517 5 37.70 6,535.00 78,420.00 3,016.15
830 1 36.39 6,307.00 75,684.00 2,910.92
830 2 38.18 6,618.00 79,416.00 3,054.46
830 3 40.43 7,007.00 84,084.00 3,234.00
830 4 42.68 7,397.00 88,764.00 3,414.00
830 5 44.92 7,786.00 93,432.00 3,593.54
609 1 33.14 5,745.00 68,940.00 2,651.54
609 2 34.78 6,028.00 72,336.00 2,782.15
609 3 36.83 6,383.00 76,596.00 2,946.00
609 4 38.87 6,737.00 80,844.00 3,109.38
609 5 40.92 7,092.00 85,104.00 3,273.23
609 1 33.14 5,745.00 68,940.00 2,651.54
609 2 34.78 6,028.00 72,336.00 2,782.15
609 3 36.83 6,383.00 76,596.00 2,946.00
609 4 38.87 6,737.00 80,844.00 3,109.38
609 5 40.92 7,092.00 85,104.00 3,273.23
266 1 26.55 4,602.00 55,224.00 2,124.00
266 2 27.86 4,829.00 57,948.00 2,228.77
266 3 29.50 5,113.00 61,356.00 2,359.85
266 4 31.14 5,397.00 64,764.00 2,490.92
266 5 32.78 5,681.00 68,172.00 2,622.00
976 1 44.35 7,687.00 92,244.00 3,547.85
976 2 46.54 8,067.00 96,804.00 3,723.23
976 3 49.28 8,541.00 102,492.00 3,942.00
976 4 52.02 9,016.00 108,192.00 4,161.23
976 5 54.75 9,490.00 113,880.00 4,380.00
660 1 33.39 5,787.00 69,444.00 2,670.92
660 2 35.04 6,073.00 72,876.00 2,802.92
660 3 37.10 6,431.00 77,172.00 2,968.15
660 4 39.16 6,788.00 81,456.00 3,132.92
660 5 41.22 7,145.00 85,740.00 3,297.69
660 1 33.39 5,787.00 69,444.00 2,670.92
660 2 35.04 6,073.00 72,876.00 2,802.92
660 3 37.10 6,431.00 77,172.00 2,968.15
660 4 39.16 6,788.00 81,456.00 3,132.92
660 5 41.22 7,145.00 85,740.00 3,297.69
854 1 37.03 6,418.00 77,016.00 2,962.15
854 2 38.86 6,735.00 80,820.00 3,108.46
854 3 41.14 7,131.00 85,572.00 3,291.23
854 4 43.43 7,527.00 90,324.00 3,474.00
854 5 45.71 7,923.00 95,076.00 3,656.77
PROPERTY MANAGEMENT SPEC 4207 MEA
PUBLIC SAFETY DISPATCHER 4121 MEA
PROJECT SUPPORT ASSISTANT 4120 MEA
9121 MEA
PUBLIC WORKS CONSTRUCTION SPEC 4123 MEA
PUBLIC WORKS INSPECTOR 4124 MEA
9100 MEA
PUBLIC SAFETY DISPATCHER- LAT 4209 MEA
PUBLIC SERVICES OFFICER 4122 MEA
PUBLIC WORKS UTILITY INSPECTOR 4125 MEA

5.I.b
Packet Pg. 208 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 100 1 23.08 4,000.00 48,000.00 1,846.15
100 2 24.21 4,197.00 50,364.00 1,937.08
100 3 25.64 4,444.00 53,328.00 2,051.08
100 4 27.06 4,691.00 56,292.00 2,165.08
100 5 28.49 4,938.00 59,256.00 2,279.08
100 1 23.08 4,000.00 48,000.00 1,846.15
100 2 24.21 4,197.00 50,364.00 1,937.08
100 3 25.64 4,444.00 53,328.00 2,051.08
100 4 27.06 4,691.00 56,292.00 2,165.08
100 5 28.49 4,938.00 59,256.00 2,279.08
4127 MEA 004 1 17.38 3,013.00 36,156.00 1,390.62
972 1 40.71 7,056.00 84,672.00 3,256.62
972 2 42.72 7,404.00 88,848.00 3,417.23
972 3 45.23 7,840.00 94,080.00 3,618.46
972 4 47.74 8,275.00 99,300.00 3,819.23
972 5 50.26 8,711.00 104,532.00 4,020.46
100 1 23.08 4,000.00 48,000.00 1,846.15
100 2 24.21 4,197.00 50,364.00 1,937.08
100 3 25.64 4,444.00 53,328.00 2,051.08
100 4 27.06 4,691.00 56,292.00 2,165.08
100 5 28.49 4,938.00 59,256.00 2,279.08
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
120 1 23.45 4,065.00 48,780.00 1,876.15
120 2 24.61 4,265.00 51,180.00 1,968.46
120 3 26.05 4,516.00 54,192.00 2,084.31
120 4 27.50 4,767.00 57,204.00 2,200.15
120 5 28.95 5,018.00 60,216.00 2,316.00
120 1 23.45 4,065.00 48,780.00 1,876.15
120 2 24.61 4,265.00 51,180.00 1,968.46
120 3 26.05 4,516.00 54,192.00 2,084.31
120 4 27.50 4,767.00 57,204.00 2,200.15
120 5 28.95 5,018.00 60,216.00 2,316.00
150 1 23.81 4,127.00 49,524.00 1,904.77
150 2 24.99 4,331.00 51,972.00 1,998.92
150 3 26.46 4,586.00 55,032.00 2,116.62
150 4 27.92 4,840.00 58,080.00 2,233.85
150 5 29.39 5,095.00 61,140.00 2,351.54
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46

RECYCLING ASSISTANT
RECYCLING COORDINATOR 4128 MEA
REPROGRAPHICS SPECIALIST I 4129 MEA
RECORDS MANAGEMENT ASSISTANT 4126 MEA
9113 MEA
REVENUE COLLECTIONS ASST 4132 MEA
9058 MEA
REVENUE OPERATIONS ASST I 4133 MEA
REPROGRAPHICS SPECIALIST II 4130 MEA
RESOURCE REC & REC BILL SPEC 4131 MEA
REVENUE OPERATIONS ASST II 4134 MEA
9120 MEA
REVENUE OPERATIONS SPECIALIST 4135 MEA

5.I.b
Packet Pg. 209 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
470 1 30.02 5,203.00 62,436.00 2,401.38
470 2 31.50 5,460.00 65,520.00 2,520.00
470 3 33.35 5,781.00 69,372.00 2,668.15
470 4 35.20 6,102.00 73,224.00 2,816.31
470 5 37.06 6,423.00 77,076.00 2,964.46
730 1 34.59 5,996.00 71,952.00 2,767.38
730 2 36.31 6,293.00 75,516.00 2,904.46
730 3 38.44 6,663.00 79,956.00 3,075.23
730 4 40.58 7,033.00 84,396.00 3,246.00
730 5 42.71 7,403.00 88,836.00 3,416.77
730 1 34.59 5,996.00 71,952.00 2,767.38
730 2 36.31 6,293.00 75,516.00 2,904.46
730 3 38.44 6,663.00 79,956.00 3,075.23
730 4 40.58 7,033.00 84,396.00 3,246.00
730 5 42.71 7,403.00 88,836.00 3,416.77
163 1 23.97 4,154.00 49,848.00 1,917.23
163 2 25.15 4,359.00 52,308.00 2,011.85
163 3 26.63 4,615.00 55,380.00 2,130.00
163 4 28.11 4,872.00 58,464.00 2,248.62
163 5 29.58 5,128.00 61,536.00 2,366.77
910 1 38.41 6,658.00 79,896.00 3,072.92
910 2 40.31 6,987.00 83,844.00 3,224.77
910 3 42.68 7,398.00 88,776.00 3,414.46
910 4 45.05 7,809.00 93,708.00 3,604.15
910 5 47.42 8,220.00 98,640.00 3,793.85
290 1 27.07 4,692.00 56,304.00 2,165.54
290 2 28.40 4,923.00 59,076.00 2,272.15
290 3 30.08 5,213.00 62,556.00 2,406.00
290 4 31.74 5,502.00 66,024.00 2,539.38
290 5 33.42 5,792.00 69,504.00 2,673.23
664 1 33.46 5,800.00 69,600.00 2,676.92
664 2 35.12 6,087.00 73,044.00 2,809.38
664 3 37.18 6,445.00 77,340.00 2,974.62
664 4 39.25 6,803.00 81,636.00 3,139.85
664 5 41.31 7,161.00 85,932.00 3,305.08
065 1 20.56 3,564.00 42,768.00 1,644.92
065 2 21.58 3,740.00 44,880.00 1,726.15
065 3 22.85 3,960.00 47,520.00 1,827.69
065 4 24.12 4,180.00 50,160.00 1,929.23
065 5 25.38 4,400.00 52,800.00 2,030.77
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
171 1 24.12 4,180.00 50,160.00 1,929.23
171 2 25.31 4,387.00 52,644.00 2,024.77
171 3 26.80 4,645.00 55,740.00 2,143.85
171 4 28.29 4,903.00 58,836.00 2,262.92
171 5 29.78 5,161.00 61,932.00 2,382.00
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
9164 MEA
SR POOL LIFEGUARD 4138 MEA
SR PUBLIC WORKS INSPECTOR 4139 MEA
RISK MANAGEMENT TECHNICIAN 4136 MEA
SR DRAFTING TECHNICIAN 4137 MEA
9157 MEA
STAFF ASSISTANT I 4142 MEA
STAFF ASSISTANT II 4143 MEA
9060 MEA
SR REVENUE COLLECTIONS ASST 4140 MEA
SR REVENUE OPERATIONS ASST 4141 MEA
STAFF ASSISTANT III 4144 MEA

5.I.b
Packet Pg. 210 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
549 1 30.27 5,246.00 62,952.00 2,421.23
549 2 31.76 5,505.00 66,060.00 2,540.77
549 3 33.63 5,829.00 69,948.00 2,690.31
549 4 35.50 6,153.00 73,836.00 2,839.85
549 5 37.37 6,477.00 77,724.00 2,989.38
671 1 33.53 5,811.00 69,732.00 2,682.00
671 2 35.18 6,098.00 73,176.00 2,814.46
671 3 37.25 6,457.00 77,484.00 2,980.15
671 4 39.32 6,815.00 81,780.00 3,145.38
671 5 41.39 7,174.00 86,088.00 3,311.08
370 1 27.86 4,829.00 57,948.00 2,228.77
370 2 29.24 5,068.00 60,816.00 2,339.08
370 3 30.96 5,366.00 64,392.00 2,476.62
370 4 32.68 5,664.00 67,968.00 2,614.15
370 5 34.40 5,962.00 71,544.00 2,751.69
720 1 34.18 5,924.00 71,088.00 2,734.15
720 2 35.86 6,216.00 74,592.00 2,868.92
720 3 37.97 6,582.00 78,984.00 3,037.85
720 4 40.08 6,947.00 83,364.00 3,206.31
720 5 42.19 7,313.00 87,756.00 3,375.23
720 1 34.18 5,924.00 71,088.00 2,734.15
720 2 35.86 6,216.00 74,592.00 2,868.92
720 3 37.97 6,582.00 78,984.00 3,037.85
720 4 40.08 6,947.00 83,364.00 3,206.31
720 5 42.19 7,313.00 87,756.00 3,375.23
244 1 42.63 7,389.00 88,668.00 3,410.31
244 2 44.73 7,754.00 93,048.00 3,578.77
244 3 47.37 8,210.00 98,520.00 3,789.23
244 4 50.00 8,666.00 103,992.00 3,999.69
244 5 52.63 9,122.00 109,464.00 4,210.15
244 1 42.63 7,389.00 88,668.00 3,410.31
244 2 44.73 7,754.00 93,048.00 3,578.77
244 3 47.37 8,210.00 98,520.00 3,789.23
244 4 50.00 8,666.00 103,992.00 3,999.69
244 5 52.63 9,122.00 109,464.00 4,210.15
250 1 26.33 4,563.00 54,756.00 2,106.00
250 2 27.62 4,788.00 57,456.00 2,209.85
250 3 29.25 5,070.00 60,840.00 2,340.00
250 4 30.87 5,351.00 64,212.00 2,469.69
250 5 32.50 5,633.00 67,596.00 2,599.85
794 1 35.79 6,203.00 74,436.00 2,862.92
794 2 37.55 6,509.00 78,108.00 3,004.15
794 3 39.76 6,892.00 82,704.00 3,180.92
794 4 41.97 7,275.00 87,300.00 3,357.69
794 5 44.18 7,658.00 91,896.00 3,534.46
794 1 35.79 6,203.00 74,436.00 2,862.92
794 2 37.55 6,509.00 78,108.00 3,004.15
794 3 39.76 6,892.00 82,704.00 3,180.92
794 4 41.97 7,275.00 87,300.00 3,357.69
794 5 44.18 7,658.00 91,896.00 3,534.46
371 1 28.05 4,862.00 58,344.00 2,244.00
371 2 29.43 5,102.00 61,224.00 2,354.77
371 3 31.17 5,402.00 64,824.00 2,493.23
371 4 32.90 5,702.00 68,424.00 2,631.69
371 5 34.63 6,002.00 72,024.00 2,770.15
TECHNICAL STAFF ASSISTANT 4147 MEA
TRAFFIC SERVICES OFFICER 4148 MEA
9061 MEA
SUPPORT SERVICES LEAD 4145 MEA
TRANSIT MAINT SAFETY TRAIN CRD 4214 MEA
TRANSIT OPERATIONS ASSISTANT 4150 MEA
TRAFFIC SIGNAL TECHNICIAN 4149 MEA
9168 MEA
TRANSIT MAINT QUAL ASSUR CRD 4208 MEA
TRANSIT SAFETY & SECURITY CRD 4151 MEA
9115 MEA
TRANSIT SAFETY SEC & TRAIN TEC 4215 MEA

5.I.b
Packet Pg. 211 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 794 1 35.79 6,203.00 74,436.00 2,862.92
794 2 37.55 6,509.00 78,108.00 3,004.15
794 3 39.76 6,892.00 82,704.00 3,180.92
794 4 41.97 7,275.00 87,300.00 3,357.69
794 5 44.18 7,658.00 91,896.00 3,534.46
855 1 37.03 6,419.00 77,028.00 2,962.62
855 2 38.86 6,736.00 80,832.00 3,108.92
855 3 41.15 7,133.00 85,596.00 3,292.15
855 4 43.44 7,529.00 90,348.00 3,474.92
855 5 45.72 7,925.00 95,100.00 3,657.69
855 1 37.03 6,419.00 77,028.00 2,962.62
855 2 38.86 6,736.00 80,832.00 3,108.92
855 3 41.15 7,133.00 85,596.00 3,292.15
855 4 43.44 7,529.00 90,348.00 3,474.92
855 5 45.72 7,925.00 95,100.00 3,657.69
580 1 32.01 5,549.00 66,588.00 2,561.08
580 2 33.59 5,823.00 69,876.00 2,687.54
580 3 35.57 6,166.00 73,992.00 2,845.85
580 4 37.55 6,508.00 78,096.00 3,003.69
580 5 39.53 6,851.00 82,212.00 3,162.00
451 1 29.64 5,138.00 61,656.00 2,371.38
451 2 31.11 5,392.00 64,704.00 2,488.62
451 3 32.94 5,709.00 68,508.00 2,634.92
451 4 34.77 6,026.00 72,312.00 2,781.23
451 5 36.59 6,343.00 76,116.00 2,927.54
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
275 1 26.71 4,630.00 55,560.00 2,136.92
275 2 28.03 4,859.00 58,308.00 2,242.62
275 3 29.68 5,144.00 61,728.00 2,374.15
275 4 31.33 5,430.00 65,160.00 2,506.15
275 5 32.98 5,716.00 68,592.00 2,638.15
160 1 23.90 4,142.00 49,704.00 1,911.69
160 2 25.08 4,347.00 52,164.00 2,006.31
160 3 26.56 4,603.00 55,236.00 2,124.46
160 4 28.03 4,858.00 58,296.00 2,242.15
160 5 29.50 5,114.00 61,368.00 2,360.31
935 1 37.98 6,584.00 79,008.00 3,038.77
935 2 39.87 6,910.00 82,920.00 3,189.23
935 3 42.21 7,316.00 87,792.00 3,376.62
935 4 44.56 7,723.00 92,676.00 3,564.46
935 5 46.90 8,129.00 97,548.00 3,751.85
344 1 27.58 4,781.00 57,372.00 2,206.62
344 2 28.94 5,017.00 60,204.00 2,315.54
344 3 30.65 5,312.00 63,744.00 2,451.69
344 4 32.35 5,607.00 67,284.00 2,587.85
344 5 34.05 5,902.00 70,824.00 2,724.00
975 1 38.57 6,686.00 80,232.00 3,085.85
975 2 40.48 7,016.00 84,192.00 3,238.15
975 3 42.86 7,429.00 89,148.00 3,428.77
975 4 45.24 7,841.00 94,092.00 3,618.92
975 5 47.62 8,254.00 99,048.00 3,809.54
774 1 35.45 6,144.00 73,728.00 2,835.69
774 2 37.19 6,447.00 77,364.00 2,975.54
774 3 39.39 6,827.00 81,924.00 3,150.92
774 4 41.57 7,206.00 86,472.00 3,325.85
774 5 43.76 7,585.00 91,020.00 3,500.77
TRANSIT TRAINING COORDINATOR 4152 MEA
TRANSPORTATION MANAGEMENT SPEC 4153 MEA
9099 MEA
VENUE SERVICES ASSISTANT 4155 MEA
9127 MEA
WATER PROD/TREATMENT OPER TRN 4158 MEA
TRANSPORTATION PLANNING TECH 4154 MEA
URBAN FOREST COORDINATOR 4220 MEA
YOUTH AND FAM SVS SUPP COORD 4161 MEA
ZERO WASTE ASSISTANT 4162 MEA
WATER RESOURCES SPECIALIST 4159 MEA
WORKERS' COMP CLAIMS TECH 4160 MEA

5.I.b
Packet Pg. 212 Attachment: MEA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Santa Monica Firefighters Local 1109
Salary Schedule for July 12, 2022 City Council Meeting
Class
Code
BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 033 1 70.91 12,291.00 147,492.00 5,672.77
033 2 74.41 12,898.00 154,776.00 5,952.92
033 3 78.79 13,657.00 163,884.00 6,303.23
033 4 83.16 14,415.00 172,980.00 6,653.08
033 5 87.54 15,174.00 182,088.00 7,003.38
033 1 70.91 12,291.00 147,492.00 5,672.77
033 2 74.41 12,898.00 154,776.00 5,952.92
033 3 78.79 13,657.00 163,884.00 6,303.23
033 4 83.16 14,415.00 172,980.00 6,653.08
033 5 87.54 15,174.00 182,088.00 7,003.38
042 1 92.66 16,061.00 192,732.00 7,412.77
042 2 97.24 16,855.00 202,260.00 7,779.23
042 3 102.96 17,846.00 214,152.00 8,236.62
042 4 108.68 18,838.00 226,056.00 8,694.46
042 5 114.40 19,829.00 237,948.00 9,151.85
041 1 59.07 14,334.00 172,008.00 6,615.69
041 2 61.99 15,042.00 180,504.00 6,942.46
041 3 65.63 15,926.00 191,112.00 7,350.46
041 4 69.28 16,811.00 201,732.00 7,758.92
041 5 72.92 17,696.00 212,352.00 8,167.38
032 1 69.27 12,007.00 144,084.00 5,541.69
032 2 72.69 12,600.00 151,200.00 5,815.38
032 3 76.97 13,342.00 160,104.00 6,157.85
032 4 81.25 14,083.00 168,996.00 6,499.85
032 5 85.52 14,824.00 177,888.00 6,841.85
031 1 44.98 10,916.00 130,992.00 5,038.15
031 2 47.20 11,455.00 137,460.00 5,286.92
031 3 49.98 12,129.00 145,548.00 5,598.00
031 4 52.76 12,803.00 153,636.00 5,909.08
031 5 55.54 13,477.00 161,724.00 6,220.15
021 1 53.38 9,253.00 111,036.00 4,270.62
021 2 56.02 9,710.00 116,520.00 4,481.54
021 3 59.31 10,281.00 123,372.00 4,745.08
021 4 62.61 10,852.00 130,224.00 5,008.62
021 5 65.90 11,423.00 137,076.00 5,272.15
021 1 38.13 9,253.00 111,036.00 4,270.62
021 2 40.01 9,710.00 116,520.00 4,481.54
021 3 42.37 10,281.00 123,372.00 4,745.08
021 4 44.72 10,852.00 130,224.00 5,008.62
021 5 47.07 11,423.00 137,076.00 5,272.15
021 1 53.38 9,253.00 111,036.00 4,270.62
021 2 56.02 9,710.00 116,520.00 4,481.54
021 3 59.31 10,281.00 123,372.00 4,745.08
021 4 62.61 10,852.00 130,224.00 5,008.62
021 5 65.90 11,423.00 137,076.00 5,272.15
042 1 92.66 16,061.00 192,732.00 7,412.77
042 2 97.24 16,855.00 202,260.00 7,779.23
042 3 102.96 17,846.00 214,152.00 8,236.62
042 4 108.68 18,838.00 226,056.00 8,694.46
042 5 114.40 19,829.00 237,948.00 9,151.85
010 1 32.27 7,832.00 93,984.00 3,614.77
010 2 33.87 8,219.00 98,628.00 3,793.38
010 3 35.86 8,702.00 104,424.00 4,016.31
010 4 37.85 9,186.00 110,232.00 4,239.69
010 5 39.84 9,669.00 116,028.00 4,462.62
010 1 32.27 7,832.00 93,984.00 3,614.77
010 2 33.87 8,219.00 98,628.00 3,793.38
010 3 35.86 8,702.00 104,424.00 4,016.31
010 4 37.85 9,186.00 110,232.00 4,239.69
010 5 39.84 9,669.00 116,028.00 4,462.62
FIREFIGHTER 0722 F56
FIREFIGHTER - LATERAL TRANSFER 0721 F56
FIRE INSPECTOR 0720 F40
FIRE MARSHAL 0710 F40
FIRE ENGINEER - PREVENTION 0719 F40
FIRE ENGINEER - SUPPRESSION 0718 F56
FIRE CAPTAIN - PREVENTION 0714 F40
FIRE CAPTAIN - SUPPRESSION 0713 F56
BATTALION CHIEF - PREVENTION 0712 F40
BATTALION CHIEF - SUPPRESSION 0711 F56
Class Title
ASST FIRE MARSHAL 0715 F40
ASST FIRE MARSHAL-HAZ MAT 0716 F40

5.I.c
Packet Pg. 213 Attachment: FIRE FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class
Code
Class Title BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 010 1 45.18 7,832.00 93,984.00 3,614.77
010 2 47.42 8,219.00 98,628.00 3,793.38
010 3 50.20 8,702.00 104,424.00 4,016.31
010 4 53.00 9,186.00 110,232.00 4,239.69
010 5 55.78 9,669.00 116,028.00 4,462.62
010 1 45.18 7,832.00 93,984.00 3,614.77
010 2 47.42 8,219.00 98,628.00 3,793.38
010 3 50.20 8,702.00 104,424.00 4,016.31
010 4 53.00 9,186.00 110,232.00 4,239.69
010 5 55.78 9,669.00 116,028.00 4,462.62
015 1 37.44 9,085.00 109,020.00 4,193.08
015 2 39.29 9,534.00 114,408.00 4,400.31
015 3 41.60 10,094.00 121,128.00 4,658.77
015 4 43.91 10,655.00 127,860.00 4,917.69
015 5 46.22 11,216.00 134,592.00 5,176.62
015 1 52.41 9,085.00 109,020.00 4,193.08
015 2 55.00 9,534.00 114,408.00 4,400.31
015 3 58.23 10,094.00 121,128.00 4,658.77
015 4 61.47 10,655.00 127,860.00 4,917.69
015 5 64.71 11,216.00 134,592.00 5,176.62
026 1 59.82 10,368.00 124,416.00 4,785.23
026 2 62.77 10,880.00 130,560.00 5,021.54
026 3 66.46 11,520.00 138,240.00 5,316.92
026 4 70.15 12,160.00 145,920.00 5,612.31
026 5 73.85 12,800.00 153,600.00 5,907.69
SR FIRE INSPECTOR 0717 F40
FIREFIGHTER PARAMEDIC 0724 F56
FIREFIGHTER PARAMEDIC-PREVENT 0725 F40
FIREFIGHTER - LATERAL TRF PREV 0726 F40
FIREFIGHTER - PREVENTION 0723 F40

5.I.c
Packet Pg. 214 Attachment: FIRE FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Santa Monica Police Officers Association (POA)
Salary Schedule for July 12, 2022 City Council Meeting
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 050 1 99.69 17,279.00 207,348.00 7,974.92
050 2 104.61 18,132.00 217,584.00 8,368.62
050 3 110.76 19,199.00 230,388.00 8,861.08
050 4 116.91 20,265.00 243,180.00 9,353.08
050 5 123.07 21,332.00 255,984.00 9,845.54
040 1 90.62 15,708.00 188,496.00 7,249.85
040 2 95.09 16,483.00 197,796.00 7,607.54
040 3 100.69 17,453.00 209,436.00 8,055.23
040 4 106.28 18,422.00 221,064.00 8,502.46
040 5 111.88 19,392.00 232,704.00 8,950.15
030 1 77.56 13,443.00 161,316.00 6,204.46
030 2 81.39 14,107.00 169,284.00 6,510.92
030 3 86.17 14,936.00 179,232.00 6,893.54
030 4 90.96 15,766.00 189,192.00 7,276.62
030 5 95.75 16,596.00 199,152.00 7,659.69
010 1 47.75 8,277.00 99,324.00 3,820.15
010 2 50.11 8,686.00 104,232.00 4,008.92
010 3 53.06 9,197.00 110,364.00 4,244.77
010 4 56.01 9,708.00 116,496.00 4,480.62
010 5 58.96 10,219.00 122,628.00 4,716.46
010 1 47.75 8,277.00 99,324.00 3,820.15
010 2 50.11 8,686.00 104,232.00 4,008.92
010 3 53.06 9,197.00 110,364.00 4,244.77
010 4 56.01 9,708.00 116,496.00 4,480.62
010 5 58.96 10,219.00 122,628.00 4,716.46
010 1 47.75 8,277.00 99,324.00 3,820.15
010 2 50.11 8,686.00 104,232.00 4,008.92
010 3 53.06 9,197.00 110,364.00 4,244.77
010 4 56.01 9,708.00 116,496.00 4,480.62
010 5 58.96 10,219.00 122,628.00 4,716.46
020 1 63.49 11,005.00 132,060.00 5,079.23
020 2 66.62 11,548.00 138,576.00 5,329.85
020 3 70.54 12,227.00 146,724.00 5,643.23
020 4 74.46 12,907.00 154,884.00 5,957.08
020 5 78.38 13,586.00 163,032.00 6,270.46
POLICE SERGEANT 0606 POA
POLICE OFFICER - PRE-SERVICE 0603 POA
POLICE OFFICER-LATERAL TRANSFR 0604 POA
POLICE LIEUTENANT 0602 POA
POLICE OFFICER 0605 POA
POLICE CAPTAIN 0601 POA
DEPUTY POLICE CHIEF 0600 POA
Class Title

5.I.d
Packet Pg. 215 Attachment: POA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Supervisory Team Associates (STA)
Salary Schedule for July 12, 2022 City Council Meeting
Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 221 1 37.47 6,494.00 77,928.00 2,997.23
221 2 39.31 6,814.00 81,768.00 3,144.92
221 3 41.63 7,215.00 86,580.00 3,330.00
221 4 43.94 7,616.00 91,392.00 3,515.08
221 5 46.25 8,017.00 96,204.00 3,700.15
111 1 33.74 5,848.00 70,176.00 2,699.08
111 2 35.41 6,137.00 73,644.00 2,832.46
111 3 37.49 6,498.00 77,976.00 2,999.08
111 4 39.57 6,859.00 82,308.00 3,165.69
111 5 41.65 7,220.00 86,640.00 3,332.31
110 1 33.18 5,751.00 69,012.00 2,654.31
110 2 34.82 6,035.00 72,420.00 2,785.38
110 3 36.87 6,390.00 76,680.00 2,949.23
110 4 38.91 6,745.00 80,940.00 3,113.08
110 5 40.96 7,100.00 85,200.00 3,276.92
250 1 38.52 6,677.00 80,124.00 3,081.69
250 2 40.43 7,007.00 84,084.00 3,234.00
250 3 42.80 7,419.00 89,028.00 3,424.15
250 4 45.18 7,831.00 93,972.00 3,614.31
250 5 47.56 8,243.00 98,916.00 3,804.46
180 1 35.23 6,106.00 73,272.00 2,818.15
180 2 36.96 6,407.00 76,884.00 2,957.08
180 3 39.14 6,784.00 81,408.00 3,131.08
180 4 41.31 7,161.00 85,932.00 3,305.08
180 5 43.49 7,538.00 90,456.00 3,479.08
421 1 44.80 7,765.00 93,180.00 3,583.85
421 2 47.01 8,148.00 97,776.00 3,760.62
421 3 49.77 8,627.00 103,524.00 3,981.69
421 4 52.54 9,107.00 109,284.00 4,203.23
421 5 55.30 9,586.00 115,032.00 4,424.31
180 1 35.23 6,106.00 73,272.00 2,818.15
180 2 36.96 6,407.00 76,884.00 2,957.08
180 3 39.14 6,784.00 81,408.00 3,131.08
180 4 41.31 7,161.00 85,932.00 3,305.08
180 5 43.49 7,538.00 90,456.00 3,479.08
180 1 35.23 6,106.00 73,272.00 2,818.15
180 2 36.96 6,407.00 76,884.00 2,957.08
180 3 39.14 6,784.00 81,408.00 3,131.08
180 4 41.31 7,161.00 85,932.00 3,305.08
180 5 43.49 7,538.00 90,456.00 3,479.08
446 1 46.47 8,055.00 96,660.00 3,717.69
446 2 48.77 8,453.00 101,436.00 3,901.38
446 3 51.64 8,951.00 107,412.00 4,131.23
446 4 54.51 9,448.00 113,376.00 4,360.62
446 5 57.38 9,945.00 119,340.00 4,590.00
220 1 37.43 6,488.00 77,856.00 2,994.46
220 2 39.28 6,809.00 81,708.00 3,142.62
220 3 41.59 7,209.00 86,508.00 3,327.23
220 4 43.90 7,610.00 91,320.00 3,512.31
220 5 46.21 8,010.00 96,120.00 3,696.92
110 1 33.18 5,751.00 69,012.00 2,654.31
110 2 34.82 6,035.00 72,420.00 2,785.38
110 3 36.87 6,390.00 76,680.00 2,949.23
110 4 38.91 6,745.00 80,940.00 3,113.08
110 5 40.96 7,100.00 85,200.00 3,276.92
Class Title
AIRPORT LINE SERVICE SUPV 8000 STA
ANIMAL CONTROL SUPERVISOR 8001 STA
BILLING SUPERVISOR 8004 STA
BUILDING &SAFETY SUPERVISOR 8005 STA
AQUATIC SITE SUPERVISOR 8002 STA
BEACH MAINTENANCE SUPERVISOR 8003 STA
CODE ENFORCEMENT SUPERVISOR 8007 STA
COMMUNICATIONS CENTER SUPV 8008 STA
BUSINESS LICENSE SUPERVISOR 8083 STA
CIRCULATION SUPERVISOR 8006 STA
COMMUNITY SVS PGM SUPV 8009 STA

5.I.e
Packet Pg. 216 Attachment: STA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 110 1 33.18 5,751.00 69,012.00 2,654.31
110 2 34.82 6,035.00 72,420.00 2,785.38
110 3 36.87 6,390.00 76,680.00 2,949.23
110 4 38.91 6,745.00 80,940.00 3,113.08
110 5 40.96 7,100.00 85,200.00 3,276.92
110 1 33.18 5,751.00 69,012.00 2,654.31
110 2 34.82 6,035.00 72,420.00 2,785.38
110 3 36.87 6,390.00 76,680.00 2,949.23
110 4 38.91 6,745.00 80,940.00 3,113.08
110 5 40.96 7,100.00 85,200.00 3,276.92
110 1 33.18 5,751.00 69,012.00 2,654.31
110 2 34.82 6,035.00 72,420.00 2,785.38
110 3 36.87 6,390.00 76,680.00 2,949.23
110 4 38.91 6,745.00 80,940.00 3,113.08
110 5 40.96 7,100.00 85,200.00 3,276.92
030 1 28.79 4,990.00 59,880.00 2,303.08
030 2 30.21 5,237.00 62,844.00 2,417.08
030 3 31.99 5,545.00 66,540.00 2,559.23
030 4 33.77 5,853.00 70,236.00 2,701.38
030 5 35.54 6,161.00 73,932.00 2,843.54
189 1 35.59 6,169.00 74,028.00 2,847.23
189 2 37.35 6,474.00 77,688.00 2,988.00
189 3 39.54 6,854.00 82,248.00 3,163.38
189 4 41.74 7,235.00 86,820.00 3,339.23
189 5 43.94 7,616.00 91,392.00 3,515.08
405 1 44.36 7,689.00 92,268.00 3,548.77
405 2 46.55 8,068.00 96,816.00 3,723.69
405 3 49.29 8,543.00 102,516.00 3,942.92
405 4 52.02 9,017.00 108,204.00 4,161.69
405 5 54.76 9,492.00 113,904.00 4,380.92
180 1 35.23 6,106.00 73,272.00 2,818.15
180 2 36.96 6,407.00 76,884.00 2,957.08
180 3 39.14 6,784.00 81,408.00 3,131.08
180 4 41.31 7,161.00 85,932.00 3,305.08
180 5 43.49 7,538.00 90,456.00 3,479.08
358 1 42.50 7,367.00 88,404.00 3,400.15
358 2 44.60 7,731.00 92,772.00 3,568.15
358 3 47.23 8,186.00 98,232.00 3,778.15
358 4 49.85 8,640.00 103,680.00 3,987.69
358 5 52.47 9,095.00 109,140.00 4,197.69
358 1 42.50 7,367.00 88,404.00 3,400.15
358 2 44.60 7,731.00 92,772.00 3,568.15
358 3 47.23 8,186.00 98,232.00 3,778.15
358 4 49.85 8,640.00 103,680.00 3,987.69
358 5 52.47 9,095.00 109,140.00 4,197.69
312 1 40.74 7,062.00 84,744.00 3,259.38
312 2 42.75 7,410.00 88,920.00 3,420.00
312 3 45.27 7,846.00 94,152.00 3,621.23
312 4 47.78 8,282.00 99,384.00 3,822.46
312 5 50.30 8,718.00 104,616.00 4,023.69
501 1 50.34 8,725.00 104,700.00 4,026.92
501 2 52.82 9,156.00 109,872.00 4,225.85
501 3 55.93 9,695.00 116,340.00 4,474.62
501 4 59.04 10,233.00 122,796.00 4,722.92
501 5 62.15 10,772.00 129,264.00 4,971.69
340 1 41.38 7,173.00 86,076.00 3,310.62
340 2 43.43 7,528.00 90,336.00 3,474.46
340 3 45.98 7,970.00 95,640.00 3,678.46
340 4 48.54 8,413.00 100,956.00 3,882.92
340 5 51.09 8,856.00 106,272.00 4,087.38
COMMUNITY SVS PGM SUPV-THERAPT 8011 STA
COMMUNITY SVS PGM SUPV-YOUTH 8012 STA
COMMUNITY SVS PGM SUPV-CMTY SP 8010 STA
CUSTODY OFFICER SUPERVISOR 8081 STA
CUSTOMER SERVICE SUPERVISOR 8015 STA
CROSSING GUARD SUPERVISOR 8013 STA
CUSTODIAL SUPERVISOR 8014 STA
FLEET MAINTENANCE SUPT 8018 STA
FLEET MAINTENANCE SUPV 8019 STA
FACILITIES SUPERVISOR 8016 STA
9103 STA
FARMERS' MARKET SUPERVISOR 8017 STA

5.I.e
Packet Pg. 217 Attachment: STA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 447 1 47.23 8,186.00 98,232.00 3,778.15
447 2 49.56 8,590.00 103,080.00 3,964.62
447 3 52.47 9,095.00 109,140.00 4,197.69
447 4 55.39 9,601.00 115,212.00 4,431.23
447 5 58.30 10,106.00 121,272.00 4,664.31
508 1 50.98 8,836.00 106,032.00 4,078.15
508 2 53.50 9,273.00 111,276.00 4,279.85
508 3 56.64 9,818.00 117,816.00 4,531.38
508 4 59.79 10,364.00 124,368.00 4,783.38
508 5 62.94 10,909.00 130,908.00 5,034.92
013 1 28.13 4,875.00 58,500.00 2,250.00
013 2 29.52 5,116.00 61,392.00 2,361.23
013 3 31.25 5,417.00 65,004.00 2,500.15
013 4 32.99 5,718.00 68,616.00 2,639.08
013 5 34.73 6,019.00 72,228.00 2,778.00
194 1 35.79 6,203.00 74,436.00 2,862.92
194 2 37.55 6,509.00 78,108.00 3,004.15
194 3 39.76 6,892.00 82,704.00 3,180.92
194 4 41.97 7,275.00 87,300.00 3,357.69
194 5 44.18 7,658.00 91,896.00 3,534.46
194 1 35.79 6,203.00 74,436.00 2,862.92
194 2 37.55 6,509.00 78,108.00 3,004.15
194 3 39.76 6,892.00 82,704.00 3,180.92
194 4 41.97 7,275.00 87,300.00 3,357.69
194 5 44.18 7,658.00 91,896.00 3,534.46
438 1 45.89 7,955.00 95,460.00 3,671.54
438 2 48.16 8,348.00 100,176.00 3,852.92
438 3 50.99 8,839.00 106,068.00 4,079.54
438 4 53.83 9,330.00 111,960.00 4,306.15
438 5 56.66 9,821.00 117,852.00 4,532.77
250 1 38.52 6,677.00 80,124.00 3,081.69
250 2 40.43 7,007.00 84,084.00 3,234.00
250 3 42.80 7,419.00 89,028.00 3,424.15
250 4 45.18 7,831.00 93,972.00 3,614.31
250 5 47.56 8,243.00 98,916.00 3,804.46
358 1 42.50 7,367.00 88,404.00 3,400.15
358 2 44.60 7,731.00 92,772.00 3,568.15
358 3 47.23 8,186.00 98,232.00 3,778.15
358 4 49.85 8,640.00 103,680.00 3,987.69
358 5 52.47 9,095.00 109,140.00 4,197.69
170 1 34.92 6,052.00 72,624.00 2,793.23
170 2 36.63 6,350.00 76,200.00 2,930.77
170 3 38.79 6,724.00 80,688.00 3,103.38
170 4 40.94 7,097.00 85,164.00 3,275.54
170 5 43.10 7,471.00 89,652.00 3,448.15
405 1 44.36 7,689.00 92,268.00 3,548.77
405 2 46.55 8,068.00 96,816.00 3,723.69
405 3 49.29 8,543.00 102,516.00 3,942.92
405 4 52.02 9,017.00 108,204.00 4,161.69
405 5 54.76 9,492.00 113,904.00 4,380.92
290 1 40.39 7,001.00 84,012.00 3,231.23
290 2 42.39 7,347.00 88,164.00 3,390.92
290 3 44.88 7,779.00 93,348.00 3,590.31
290 4 47.37 8,211.00 98,532.00 3,789.69
290 5 49.86 8,643.00 103,716.00 3,989.08
290 1 40.39 7,001.00 84,012.00 3,231.23
290 2 42.39 7,347.00 88,164.00 3,390.92
290 3 44.88 7,779.00 93,348.00 3,590.31
290 4 47.37 8,211.00 98,532.00 3,789.69
290 5 49.86 8,643.00 103,716.00 3,989.08
LIBRARY SERVICES OFFICER SUPV 8023 STA
MOTOR COACH OPERATOR SUPV 8024 STA
9054 STA
FORENSIC SUPERVISOR 8020 STA
INSPECTION SUPERVISOR 8021 STA
PIER & HARBOR SERVICES SUPV 8027 STA
POLICE RECORDS SUPERVISOR 8028 STA
OFFICE MANAGER TO THE CITY MGR 8025 STA
PARKS MAINTENANCE SUPERVISOR 8026 STA
PR COMMUNITY SVS SUP-AQUATICS 8031 STA
POLICE SERVICES MANAGEMENT SUP 8029 STA
PR COMMUNITY SERVICES SUPV 8030 STA

5.I.e
Packet Pg. 218 Attachment: STA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 434 1 45.16 7,827.00 93,924.00 3,612.46
434 2 47.39 8,214.00 98,568.00 3,791.08
434 3 50.18 8,697.00 104,364.00 4,014.00
434 4 52.96 9,180.00 110,160.00 4,236.92
434 5 55.75 9,663.00 115,956.00 4,459.85
250 1 38.52 6,677.00 80,124.00 3,081.69
250 2 40.43 7,007.00 84,084.00 3,234.00
250 3 42.80 7,419.00 89,028.00 3,424.15
250 4 45.18 7,831.00 93,972.00 3,614.31
250 5 47.56 8,243.00 98,916.00 3,804.46
170 1 34.92 6,052.00 72,624.00 2,793.23
170 2 36.63 6,350.00 76,200.00 2,930.77
170 3 38.79 6,724.00 80,688.00 3,103.38
170 4 40.94 7,097.00 85,164.00 3,275.54
170 5 43.10 7,471.00 89,652.00 3,448.15
280 1 38.93 6,748.00 80,976.00 3,114.46
280 2 40.85 7,081.00 84,972.00 3,268.15
280 3 43.26 7,498.00 89,976.00 3,460.62
280 4 45.66 7,914.00 94,968.00 3,652.62
280 5 48.06 8,331.00 99,972.00 3,845.08
069 1 31.23 5,413.00 64,956.00 2,498.31
069 2 32.78 5,681.00 68,172.00 2,622.00
069 3 34.70 6,015.00 72,180.00 2,776.15
069 4 36.63 6,349.00 76,188.00 2,930.31
069 5 38.56 6,683.00 80,196.00 3,084.46
210 1 36.46 6,320.00 75,840.00 2,916.92
210 2 38.27 6,633.00 79,596.00 3,061.38
210 3 40.52 7,023.00 84,276.00 3,241.38
210 4 42.77 7,413.00 88,956.00 3,421.38
210 5 45.02 7,803.00 93,636.00 3,601.38
500 1 50.28 8,716.00 104,592.00 4,022.77
500 2 52.77 9,147.00 109,764.00 4,221.69
500 3 55.88 9,685.00 116,220.00 4,470.00
500 4 58.98 10,223.00 122,676.00 4,718.31
500 5 62.08 10,761.00 129,132.00 4,966.62
225 1 37.53 6,506.00 78,072.00 3,002.77
225 2 39.39 6,827.00 81,924.00 3,150.92
225 3 41.71 7,229.00 86,748.00 3,336.46
225 4 44.02 7,630.00 91,560.00 3,521.54
225 5 46.34 8,032.00 96,384.00 3,707.08
225 1 37.53 6,506.00 78,072.00 3,002.77
225 2 39.39 6,827.00 81,924.00 3,150.92
225 3 41.71 7,229.00 86,748.00 3,336.46
225 4 44.02 7,630.00 91,560.00 3,521.54
225 5 46.34 8,032.00 96,384.00 3,707.08
177 1 35.15 6,093.00 73,116.00 2,812.15
177 2 36.89 6,394.00 76,728.00 2,951.08
177 3 39.06 6,770.00 81,240.00 3,124.62
177 4 41.23 7,146.00 85,752.00 3,298.15
177 5 43.40 7,522.00 90,264.00 3,471.69
292 1 41.09 7,123.00 85,476.00 3,287.54
292 2 43.13 7,475.00 89,700.00 3,450.00
292 3 45.66 7,915.00 94,980.00 3,653.08
292 4 48.20 8,354.00 100,248.00 3,855.69
292 5 50.73 8,794.00 105,528.00 4,058.77
392 1 42.86 7,429.00 89,148.00 3,428.77
392 2 44.97 7,795.00 93,540.00 3,597.69
392 3 47.62 8,254.00 99,048.00 3,809.54
392 4 50.26 8,712.00 104,544.00 4,020.92
392 5 52.91 9,171.00 110,052.00 4,232.77
PRODUCTION SUPERVISOR 8059 STA
PUBLIC SAFETY DISPATCH SUPV 8078 STA
PUBLIC SERVICES OFFICER SUPV 8035 STA
PROMENADE MAINTENANCE SUPV 8032 STA
PROPERTY/EVIDENCE SUPERVISOR 8033 STA
RESOURCE REC & RECYC SUPV 8038 STA
9112 STA
REVENUE COLLECTIONS SUPV 8039 STA
RESOURCE REC & RECYC BUSN SUPV 8036 STA
RESOURCE REC & RECYC COLL SUPT 8037 STA
SAFETY AND TRAINING SUPERVISOR 8084 STA
SR DEPUTY CITY CLERK 8080 STA

5.I.e
Packet Pg. 219 Attachment: STA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 500 1 50.28 8,716.00 104,592.00 4,022.77
500 2 52.77 9,147.00 109,764.00 4,221.69
500 3 55.88 9,685.00 116,220.00 4,470.00
500 4 58.98 10,223.00 122,676.00 4,718.31
500 5 62.08 10,761.00 129,132.00 4,966.62
223 1 40.53 7,026.00 84,312.00 3,242.77
223 2 42.54 7,373.00 88,476.00 3,402.92
223 3 45.04 7,807.00 93,684.00 3,603.23
223 4 47.54 8,240.00 98,880.00 3,803.08
223 5 50.04 8,674.00 104,088.00 4,003.38
180 1 35.23 6,106.00 73,272.00 2,818.15
180 2 36.96 6,407.00 76,884.00 2,957.08
180 3 39.14 6,784.00 81,408.00 3,131.08
180 4 41.31 7,161.00 85,932.00 3,305.08
180 5 43.49 7,538.00 90,456.00 3,479.08
288 1 40.53 7,026.00 84,312.00 3,242.77
288 2 42.54 7,373.00 88,476.00 3,402.92
288 3 45.04 7,807.00 93,684.00 3,603.23
288 4 47.54 8,240.00 98,880.00 3,803.08
288 5 50.04 8,674.00 104,088.00 4,003.38
288 1 40.53 7,026.00 84,312.00 3,242.77
288 2 42.54 7,373.00 88,476.00 3,402.92
288 3 45.04 7,807.00 93,684.00 3,603.23
288 4 47.54 8,240.00 98,880.00 3,803.08
288 5 50.04 8,674.00 104,088.00 4,003.38
170 1 34.92 6,052.00 72,624.00 2,793.23
170 2 36.63 6,350.00 76,200.00 2,930.77
170 3 38.79 6,724.00 80,688.00 3,103.38
170 4 40.94 7,097.00 85,164.00 3,275.54
170 5 43.10 7,471.00 89,652.00 3,448.15
514 1 51.80 8,978.00 107,736.00 4,143.69
514 2 54.35 9,421.00 113,052.00 4,348.15
514 3 57.55 9,976.00 119,712.00 4,604.31
514 4 60.75 10,530.00 126,360.00 4,860.00
514 5 63.95 11,084.00 133,008.00 5,115.69
358 1 42.50 7,367.00 88,404.00 3,400.15
358 2 44.60 7,731.00 92,772.00 3,568.15
358 3 47.23 8,186.00 98,232.00 3,778.15
358 4 49.85 8,640.00 103,680.00 3,987.69
358 5 52.47 9,095.00 109,140.00 4,197.69
514 1 51.80 8,978.00 107,736.00 4,143.69
514 2 54.35 9,421.00 113,052.00 4,348.15
514 3 57.55 9,976.00 119,712.00 4,604.31
514 4 60.75 10,530.00 126,360.00 4,860.00
514 5 63.95 11,084.00 133,008.00 5,115.69
340 1 41.38 7,173.00 86,076.00 3,310.62
340 2 43.43 7,528.00 90,336.00 3,474.46
340 3 45.98 7,970.00 95,640.00 3,678.46
340 4 48.54 8,413.00 100,956.00 3,882.92
340 5 51.09 8,856.00 106,272.00 4,087.38
514 1 51.80 8,978.00 107,736.00 4,143.69
514 2 54.35 9,421.00 113,052.00 4,348.15
514 3 57.55 9,976.00 119,712.00 4,604.31
514 4 60.75 10,530.00 126,360.00 4,860.00
514 5 63.95 11,084.00 133,008.00 5,115.69
500 1 50.28 8,716.00 104,592.00 4,022.77
500 2 52.77 9,147.00 109,764.00 4,221.69
500 3 55.88 9,685.00 116,220.00 4,470.00
500 4 58.98 10,223.00 122,676.00 4,718.31
500 5 62.08 10,761.00 129,132.00 4,966.62
STREET SERVICES SUPERINTENDENT 8061 STA
STREET SERVICES SUPERVISOR 8040 STA
TRAFFIC SERVICES SUPERVISOR 8042 STA
TRANSIT FACILITIES MAINT OFFIC 8044 STA
SUPPORT SERVICES SUPERVISOR 8041 STA
TRAFFIC OPERATIONS SUPERVISOR 8043 STA
9165 STA
TRANSIT MECHANIC SUPV 8048 STA
TRANSIT OPERATIONS SUPT 8049 STA
TRANSIT FACILITIES MAINT SUPV 8045 STA
TRANSIT MAINTENANCE OFFICER 8046 STA
TRANSIT VEHICLE MAINT SUPT 8072 STA

5.I.e
Packet Pg. 220 Attachment: STA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) Class Title Class Code BU Grade Step Hourly Rate Monthly Rate Annual Rate Bi weekly Rate 180 1 35.23 6,106.00 73,272.00 2,818.15
180 2 36.96 6,407.00 76,884.00 2,957.08
180 3 39.14 6,784.00 81,408.00 3,131.08
180 4 41.31 7,161.00 85,932.00 3,305.08
180 5 43.49 7,538.00 90,456.00 3,479.08
250 1 38.52 6,677.00 80,124.00 3,081.69
250 2 40.43 7,007.00 84,084.00 3,234.00
250 3 42.80 7,419.00 89,028.00 3,424.15
250 4 45.18 7,831.00 93,972.00 3,614.31
250 5 47.56 8,243.00 98,916.00 3,804.46
250 1 38.52 6,677.00 80,124.00 3,081.69
250 2 40.43 7,007.00 84,084.00 3,234.00
250 3 42.80 7,419.00 89,028.00 3,424.15
250 4 45.18 7,831.00 93,972.00 3,614.31
250 5 47.56 8,243.00 98,916.00 3,804.46
215 1 37.32 6,469.00 77,628.00 2,985.69
215 2 39.17 6,789.00 81,468.00 3,133.38
215 3 41.47 7,188.00 86,256.00 3,317.54
215 4 43.78 7,588.00 91,056.00 3,502.15
215 5 46.08 7,987.00 95,844.00 3,686.31
365 1 47.07 8,158.00 97,896.00 3,765.23
365 2 49.38 8,560.00 102,720.00 3,950.77
365 3 52.29 9,064.00 108,768.00 4,183.38
365 4 55.19 9,567.00 114,804.00 4,415.54
365 5 58.10 10,071.00 120,852.00 4,648.15
489 1 50.11 8,686.00 104,232.00 4,008.92
489 2 52.59 9,115.00 109,380.00 4,206.92
489 3 55.68 9,651.00 115,812.00 4,454.31
489 4 58.77 10,187.00 122,244.00 4,701.69
489 5 61.86 10,723.00 128,676.00 4,949.08
433 1 52.29 9,063.00 108,756.00 4,182.92
433 2 54.87 9,511.00 114,132.00 4,389.69
433 3 58.10 10,070.00 120,840.00 4,647.69
433 4 61.33 10,630.00 127,560.00 4,906.15
433 5 64.55 11,189.00 134,268.00 5,164.15
490 1 56.80 9,845.00 118,140.00 4,543.85
490 2 59.60 10,331.00 123,972.00 4,768.15
490 3 63.11 10,939.00 131,268.00 5,048.77
490 4 66.61 11,546.00 138,552.00 5,328.92
490 5 70.12 12,154.00 145,848.00 5,609.54
271 1 41.32 7,162.00 85,944.00 3,305.54
271 2 43.36 7,516.00 90,192.00 3,468.92
271 3 45.91 7,958.00 95,496.00 3,672.92
271 4 48.46 8,400.00 100,800.00 3,876.92
271 5 51.01 8,842.00 106,104.00 4,080.92
271 1 41.32 7,162.00 85,944.00 3,305.54
271 2 43.36 7,516.00 90,192.00 3,468.92
271 3 45.91 7,958.00 95,496.00 3,672.92
271 4 48.46 8,400.00 100,800.00 3,876.92
271 5 51.01 8,842.00 106,104.00 4,080.92
URBAN FOREST CONTRACT SUPV 8051 STA
URBAN FOREST SUPERVISOR 8052 STA
TREASURY OPERATIONS SUPERVISOR 8050 STA
WATER DISTRIBUTION SUPERVISOR 8082 STA
WATER PROD/TREATMENT PLANT SUP 8055 STA
WAREHOUSE SUPERVISOR 8079 STA
WASTEWATER SUPERVISOR 8054 STA
WATER SUPERVISOR- METERS 8058 STA
WATER RESOURCES PROTECT PGM CD 8056 STA
WATER SUPERVISOR- CONSTRUCTION 8057 STA

5.I.e
Packet Pg. 221 Attachment: STA FY22-23 Salary Schedule COLA 4.5% (5226 : MEA-1109-POA-STA) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.

Executive Summary
At its meeting on June 28, 2022, the City Council introduced for first reading an ordinance adopting Santa Monica Municipal Code Chapter 6.42 to establish a permanent Santa Monica Outdoors Parklet Program. The ordinance is now presented to City Council for adoption.

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

A. ORD-Chapter 6.42 2nd Reading

10.A
Packet Pg. 222
1 City Council Meeting: July 12, 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
WHEREAS, the Santa Monica Outdoors Pilot Program is set to expire on September 30, 2022; and

10.A.a
Packet Pg. 223 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 2 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.
(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 non10.A.a Packet Pg. 224 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 3 residential 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 application in compliance with the requirements of this Chapter and administrative regulations by no later than September 15, 2022. The term of the

10.A.a
Packet Pg. 225 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 4 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 safety specifications. There may be no parklets on the Third Street Promenade or the Santa Monica Pier.

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Packet Pg. 226 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 5 (e) Parking or Loading Space Limitation. An eligible business may obtain a permit for use of up to two parking or loading spaces. (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.
(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.

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Packet Pg. 227 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 6 (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.

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:

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Packet Pg. 228 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 7 (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:
(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;

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Packet Pg. 229 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 8 (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.
(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.

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Packet Pg. 230 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 9 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.

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

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Packet Pg. 231 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 10 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, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 232 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) 11 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. 233 Attachment: ORD-Chapter 6.42 2nd Reading (5236 : 2nd Reading Parklet Program) City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 11.A
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Adoption of a Resolution to place a Real Property (Documentary) Transfer Tax revenue measure on the November 2022 Ballot.

Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution to place a transfer tax measure and advisory measure on the November 8, 2022 ballot (Attachment A), which would:
a) Amend Chapter 6.96 of the Santa Monica Municipal Code to establish an additional third tier transfer tax rate of $15 per thousand dollars of consideration or property value transferred, which would apply solely to the amount of consideration or value transferred in excess of $8 million, subject to certain exemptions, and be collected in addition to existing transfer tax rates that apply to the entire transfer amount; and b) Allow voters to express their preference that if the Comprehensive Real Property Transfer Tax Measure is adopted, funds should be used to fund:
(a) services to address homelessness and mental health, (b) public safety and emergency response teams to address safety issues on City streets and in parks, (c) the reopening and staffing of all public libraries, (d) afterschool and post-COVID recovery programs for public school children, (e) traffic safety improvements around schools, including crossing guards, and (f) transitional housing and shelters; and
c) Identify Council Members, if any, who wish to prepare arguments for or against each measure; and
d) Direct the City Attorney to prepare an impartial analysis of each measure.

Summary
At the May 24, 2022 Budget Study session, Council directed staff to study a revenue measure to place on the November 8, 2022 ballot that would increase the City’s Real Property Transfer Tax, which is contained in Chapter 6.96 of the Santa Monica Municipal Code. The proposed measure (“Transfer Tax Measure”) would create an

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additional third tier real property transfer tax rate of $15 per thousand dollars of consideration or property value transferred, which would apply solely to the amount of consideration or value in excess of $8 million, subject to certain exemptions. The existing second tier tax rate of $6 per thousand dollars of consideration or property value transferred would continue to be collected on all transfers over $5 million.

Applying the proposed third tier tax rate to transfers from the last four calendar years and through May 2022 would have generated additional revenue ranging from $6 million to $15 million per year (including the estimated impact from the new proposed exemptions). As the wide range indicates, this tax source can be very volatile based on market conditions and can be skewed by occasional extraordinarily high value transfers.

The proposal includes an Advisory Measure that, if the Transfer Tax Measure passes, would direct the additional funds raised to services to address homelessness and mental health, public safety and emergency response teams to address safety on City streets and in parks, the reopening and staffing of all public libraries, after-school and post-COVID recovery programs for public school children, traffic safety improvements around schools, including crossing guards, and transitional housing and shelters.

The proposed resolution, including the text of the Transfer Tax Measure and the text of the Transfer Tax Advisory Measure, is attached (Attachment A).

In November 2020, Santa Monica voters approved Measure SM which established the second tier rate, effective March 1, 2021. Measure SM has contributed approximately $6.6 million to City revenues since its implementation. The City’s Real Property Transfer Tax is currently structured as follows:

Tier Rate Applies to
1 $3/ $1,000 of consideration or property
value
Sales < $5 million
2 $6/ $1,000 of consideration or property
value
Sales ≥ $5 million

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This is in addition to the County’s rate of $1.10/ $1,000 of consideration or property value.

The City’s Real Property Documentary Transfer Tax currently has two categories of exemptions:
• Exemptions that align with state law exemptions found in Revenue & Taxation Code, Division 2, Part 6.7, Chapter 3, including §§ 11921-11925 therein. See S.M.M.C. §§

6.96.040 (deeds to secure debts), 6.96.050 (transfers to governmental agencies),

6.96.060 (corporate reorganizations), 6.96.070 (transfers pursuant to SEC orders),-

6.96.080 (transfers of certain partnership interest)
• A partial exemption for Affordable Housing Transfers. This partial exemption applies if the property transfer is to: (1) a nonprofit corporation; (2) a limited partnership or limited liability company in which a nonprofit corporation is the managing general partner or managing member; or (3) a community land trust. A taxpayer making an Affordable Housing Transfer who receives prior approval from the City is not required to pay the second tier tax to the City, but must pay the first tier tax rate on the entire transfer amount. Alternatively, a taxpayer making an Affordable Housing Transfer subject to the second tier tax may seek a refund of the tax paid that exceeds the first tier tax rate.

There is a voter initiative entitled “Funding for Homelessness Prevention, Affordable Housing, and Schools” that also includes a proposed real property transfer tax measure and has received sufficient signatures to be placed on the November 8 ballot. If both measures appear on the ballot and are approved by 50% + 1 of the voters, the measure with the greatest number of votes would be enacted.

If the Advisory Measure associated with the Transfer Tax Measure passes, it provides an indication of general voter opinion on the proposed uses outlined in the Advisory Measure, but it is not controlling. If the Advisory Measure passes and the Transfer Tax Measure does not, there will be no change to existing policy.

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Discussion
At the May 24, 2022 Council meeting, Council directed staff to study the viability of placing a measure on the November 8, 2022 ballot that would add a third tier to the City’s Real Property (Documentary) Transfer Tax on the portion of transfers valued over $8 million and return to Council with the results of the study. The Council noted that the tax would provide a way to increase the City resources available to address critical issues identified during budget discussions. The proposed measure would be a general tax, requiring a simple majority to pass (50% + 1 vote).

Proposal Details
The proposal would add a third tier tax rate to Santa Monica’s Real Property Transfer Tax as detailed below:

Tier Rate Applies to
3 $15/ $1,000 of consideration or property
value
Sales > $8 million on the
amount of the sale over $8
million, with the threshold
adjusted every five years by CPI
The third tier tax rate of $15/$1,000 on the increment over $8 million would be charged in addition to the current Tier 2 rate of $6/$1,000, which is generally applicable to the entire transaction amount for transfers of $5 million or more. The proposed measure further notes that the threshold amount for the third tier would be adjusted every five years by the consumer price index (CPI) for the Los Angeles-Long Beach-Anaheim area. This would essentially increase the threshold amount. Depending on the escalation rate of property sale values during each five year period, which are subject to a number of factors other than inflation, such as interest rates and the overall real estate market, the adjustment could have the effect of decreasing the number of property transfers subject to the third tier, and could negatively impact the ultimate revenue generated by the tax.

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Charter cities in California have the right to assess a tax on the transfer of real property that deviates from the tax rates that general law cities cannot exceed. Santa Monica is one of five cities in Los Angeles County to levy a documentary transfer tax in addition to the County tax of $1.10/$1,000. However, a number of charter cities in Northern California levy the transfer tax at rates significantly higher than the current Santa Monica rate. The proposal in the Transfer Tax Measure is still below those of other cities, as shown in the table below. Except for Culver City, these cities assess the higher rates on the full sale price.

City Rates ($/ $1,000)
Santa Monica
(current)
• $3 on sales < $5 million
• $6 on sales ≥ $5 million (with exceptions)
Santa Monica
(proposed)
• $3 on sales < $5 million
• $6 on sales ≥ between $5-$8 million (with exceptions) • $21 on the amount > $8 million (with exceptions)
Berkeley • $15 on sales up to $1.5 million
• $25 on sales >$1.5 million
Oakland • $10 on sales up to $0.3 million
• $15 on sales between $0.3-$2 million
• $17.50 on sales between $2-$5 million
• $25 on sales > $5 million
San Jose • Exempt <$2 million
• $7.50 on sales between $2-$5 million
• $10 on sales between $5-$10 million
• $18 on sales >$10 million
San Francisco • $5 on sales up to $0.25 million
• $6.80 on sales between $0.25-$1 million
• $7.50 on sales between $1-$5 million
• $22.50 on sales between $5-$10 million
• $55 on sales between $10-$25 million

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• $60 on sales >$25 million
Culver City • $4.50 on sales up to $1.5 million
• $15 on the amount between $1.5-$3 million
• $30 on the amount between $3-$10 million
• $40 on the amount >$10 million
City of Los Angeles • $4.50
The Transfer Tax Measure includes other general exemptions per State law, and additional partial exemptions to the proposed third tier tax (listed below), which would be in addition to existing exemptions. Staff reviewed exemptions in comparison cities’ codes related to transfer tax. Of the cities shown here, only San Francisco, Culver City, and Santa Monica have policy-related exemptions (beyond those consistent with State law or to ensure the tax does not apply to transactions that are procedural or corrective). Based on a review of four and a half calendar years of transfers, staff estimates that the exemptions shown below could reduce potential revenues from the new tax by $0.2 million to $2.0 million in any given year. # Proposed Santa Monica Third Tier
Exemptions
Cities with Similar Language
1 Exemptions in State law All except Culver City list these exemptions in various forms
2 Transfers to a non-profit for affordable
housing
Santa Monica has similar language in its
Municipal Code related to Tier 2.

San Francisco has a partial exemption for
rent-restricted affordable housing
3 A deed to correct a previously recorded
defective deed
City of Oakland
4 Transfers that relate only to a change in
the way in which the title is held
City of Oakland, City of San Francisco
5 Transfers to or from a tax-exempt
charitable organization
None
6 First transfer of a newly constructed
residential property having at least four
Culver City has an exemption for transfer
of real property that contains four or more

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units dwelling units designed for permanent
residential occupancy, including
accessory dwelling units, and meets the
following conditions:
a) At least one (1) or more of the
dwelling units was newly
constructed within the last five (5)
years prior to the transfer of the
real property, based on the date of
the issuance of the certificate of
occupancy for such newly
constructed dwelling units (“newly
constructed” shall not include the
remodel or renovation of an
existing unit);
b) The newly constructed dwelling
units must have resulted in a net
increase in the total number of
dwelling units on the real property;
and
c) The transfer of real property is the
first transfer following the issuance
of the certificate of occupancy for
such newly constructed dwelling
units.
7 Transfers of owner-occupied residential
housing with no more than three units,
whether or not any other portion of the
property is also rented, if the seller has
occupied the property for at least two years
None
8 Ground leases having a remaining term of
less than 35 years
San Francisco has a similar exemption:
for any deed, instrument or writing which
creates, terminates, or transfers a
leasehold interest having a remaining
term (including renewal options) of less
than 35 years.

The Transfer Tax Measure would be effective March 1, 2023 until repealed. The Transfer Tax Measure does not contain a sunset clause.

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The proposed measure also includes a clarification that “realty sold” includes transfers that would trigger a change of ownership under Revenue and Taxation Code § 64. This clarification is revenue neutral and aligns with the County’s existing practice of applying the City’s transfer tax to unrecorded corporate transactions that constitute a change of ownership under Revenue and Taxation Code § 64. Lastly, the measure proposes to delete certain sections and definitions from Measure SM relating to the City’s administration of the second tier tax, if the County of Los Angeles did not agree to administer the City’s second tier tax. The County has entered into a binding agreement to administer the City’s second tier tax and staff expects that the County will administer the proposed third tier tax rate.

Staff Analysis
Staff reviewed the proposed Documentary Transfer Tax measure for reasonableness and to project likely revenue associated with its passage.

Based on averages of the last four calendar years and 2022 year-to-date, approximately 5% of parcels sold in Santa Monica have a value of $8 million or more, generating about 42% of the taxes collected.

Year # Transfers
>$8 million
Additional Revenue
($ in millions)
2018 28 $15.2
2019 42 $13.1
2020 31 $6.3
2021 53 $7.2
2022 (through May) 21 $7.6
Staff estimates that such a measure could generate approximately $6 to $15 million (including the impact of the proposed new exemptions) annually based on historical trends. Transfer receipts can vary widely from year to year based on transactions that occur during any year as well as economic conditions. The projected range demonstrates this volatility.

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If Council approves the recommended actions associated with this report, City staff will proceed with placing this measure on the November 2022 ballot. The recommended ballot language is as follows:

Comprehensive Real Property Transfer Tax Measure
Shall the measure to enhance the City of Santa Monica’s general governmental services by increasing the one-time tax on real property sales over $8 million, and establishing an additional incremental tax of $15.00 per $1000 of the value in excess of $8 million, excepting transfers: per State law, involving tax-exempt charitable organizations, newly constructed residential properties, owneroccupied residential housing, and certain ground leases; providing an estimated $6-15 million annually until repealed, be adopted?
The Council has also proposed an advisory measure to guide spending of additional resources if the measure passes. The text is below and included in Attachment A:

Comprehensive Real Property Transfer Tax Measure-Advisory Measure “MEASURE __: ADVISORY VOTE ONLY: If the “Comprehensive Real Property Transfer Tax Measure” is enacted, should its additional revenue be used to fund:
(a) services to address homelessness and mental health; (b) public safety and emergency response teams to address safety issues on City streets and in parks, (c) the reopening and staffing of all public libraries, (d) after-school and post-COVID recovery programs for public school children, (e) traffic safety improvements around schools, including crossing guards, and (f) transitional housing and shelters?”
The advisory measure would appear on the ballot along with the Transfer Tax Measure.

The advisory measure would pass if it receives the required 50% + 1 vote.

The proposed resolution (Attachment A) includes the text of the Transfer Tax Measure and the text of the Transfer Tax Advisory Measure and authorizes designated City Council members to submit arguments and rebuttals concerning each measure.

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Council may designate one to five members to submit arguments and rebuttals for each measure. Finally, the resolution directs the City Clerk to transmit a copy of the measures to the City Attorney and directs the City Attorney to prepare an impartial analysis of the effects of each measure on the existing law as well as on the operation of each measure.

Arguments and rebuttals for each measure 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 each measure and the deadline for submitting rebuttals to arguments as 10 days after the deadline for submitting arguments on each measure.

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 Documentary Transfer Tax measure would increase General Fund revenues by approximately $6-$15 million per year. This estimate does not account for the impact of the inflation adjustments applied to the threshold levels every five years, which could negatively impact revenue generation from this measure, as noted above.

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

A. Resolution Document Transfer Tax
B. Exhibit 1 Tax Measure Text
C. Exhibit 2 Advisory Measure Text

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1 City Council Meeting: July 12, 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 6.96 OF THE

SANTA MONICA MUNICIPAL CODE TO ESTABLISH A THIRD TIER TAX RATE OF

FIFTEEN DOLLARS PER THOUSAND DOLLARS OF CONSIDERATION FOR REAL

PROPERTY VALUE TRANSFERRED IN EXCESS OF EIGHT MILLION DOLLARS,

ACCOMPANIED BY AN ADVISORY MEASURE ASKING WHETHER

POTENTIALLY INCREASED REVENUES FROM ESTABLISHING A THIRD TIER

REAL PROPERTY TRANSFER TAX SHOULD BE SPENT ON HOMELESS AND

MENTAL HEALTH SERVICES, PUBLIC SAFETY AND EMERGENCY RESPONSE

SERVICES, LIBRARY SERVICES, AFTER-SCHOOL PROGRAMS, TRAFFIC

SAFETY IMPROVEMENTS, AND TRANSITIONAL HOUSING AND SHELTERS,

AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2022, AND AUTHORIZING CITY COUNCILMEMBERS TO FILE

WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURES AND DIRECTING

THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES OF THE

MEASURES
WHEREAS, on November 28, 1967, the City Council of the City of Santa Monica adopted Ordinance No. 761 (CCS), which established the Real Property Transfer Tax Ordinance of the City of Santa Monica (the “City Real Property Transfer Tax”), and set a real property transfer tax rate at $0.55 per $1,000 of consideration or property value transferred; and
WHEREAS, on August 13, 1991, the City Council adopted Ordinance No. 1596 (CCS), which, among other things, amended the City Real Property Transfer Tax to establish a real property transfer tax rate of $3.00 per $1,000 of consideration or property value transferred; and

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Packet Pg. 244 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax 2 WHEREAS, on November 3, 2020, the voters approved Measure SM, which established a Second Tier Tax Rate of $6.00 per $1,000 of consideration or property value transferred for all sales or transfers of $5,000,000 or greater; and WHEREAS, many residents live in the City of Santa Monica because the City invests in community priorities, offers extensive services and programs that substantially enhance the quality of life of its residents; and
WHEREAS, an additional locally-controlled revenue source is needed to restore and enhance Santa Monica’s essential city services; and WHEREAS, establishing a new Third Tier Tax Rate of an additional $15.00 per $1000 of consideration or property value transferred, which would apply solely to the amount of consideration or value in excess of $8,000,000, would partially fill the revenue gap created by COVID-19 and help restore and enhance Santa Monica’s essential city services; and
WHEREAS, a number of charter cities have real property transfer taxes that exceed the proposed Third Tier Tax Rate; and
WHEREAS, on average over the last four calendar years and through May 2022, approximately 5% of sales and transfers in the City involved properties with a valuation of $8,000,000 or more; and
WHEREAS, the County of Los Angeles (“County”) and the City have entered into a binding agreement to administer the Second Tier Tax; and WHEREAS, the County currently applies the City Real Property Transfer Tax to unrecorded corporate transactions when a change of control under Revenue & Taxation Code § 64 is reported to the County as legally required; and

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Packet Pg. 245 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax 3 WHEREAS, the County currently administers a progressive real property transfer tax for Culver City that applies different incremental tax rates according to the amount of the total transaction; and
WHEREAS, the revenue from the proposed increase to the City Real Property Transfer Tax may be used to fund general governmental services, such as: (a) services to address homelessness and mental health; (b) public safety and emergency response teams to address safety issues on City streets and in parks, (c) the reopening and staffing of all public libraries, (d) after-school and post-COVID recovery programs for public school children, (e) traffic safety improvements around schools, including crossing guards, and (f) transitional housing and shelters as provided in an accompanying advisory measure; and
WHEREAS, under applicable law, to be approved the City Council of the City of Santa Monica must present a proposed increase to the City Real Property Transfer Tax 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

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Packet Pg. 246 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax 4 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:

MEASURE " ":

Shall the measure to enhance the City of
Santa Monica’s general governmental
services by increasing the one-time tax
on real property sales over $8 million,
and establishing an additional
incremental tax of $15.00 per $1000 of
the value in excess of $8 million,
excepting transfers: per State law,
involving tax-exempt charitable
organizations, newly constructed
residential properties, owner-occupied
residential housing, and certain ground
leases; providing an estimated $6-15
million annually until repealed, be
adopted?

YES ________
NO _________
SECTION 2. At the General Municipal Election called for November 8, 2022, the following advisory question shall be submitted to the qualified electors of the City of Santa Monica:

MEASURE " ":

ADVISORY VOTE ONLY: If the
“Comprehensive Real Property Transfer
Tax Measure” is enacted, should its
additional revenue be used to fund: (a)
services to address homelessness and
mental health; (b) public safety and
emergency response teams to address
safety issues on City streets and in

YES ________
NO _________

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Packet Pg. 247 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax 5 parks, (c) the reopening and staffing of
all public libraries, (d) after-school and
post-COVID recovery programs for public
school children, (e) traffic safety
improvements around schools, including
crossing guards, and (f) transitional
housing and shelters?
SECTION 3. 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 4. The City of Santa Monica recognizes that additional costs may be incurred by the County by reason of the addition of these measures to the ballot and agrees to reimburse the County for any additional costs.

SECTION 5. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, copies of both measures. The City Attorney shall prepare an impartial analysis of the measures, which shall not exceed 500 words in length each. The impartial analyses 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.

11.A.a
Packet Pg. 248 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax 6 SECTION 6. The City Council authorizes its members, as follows, to file written arguments for or against the measures described above, which are contained in Exhibit 1 (Transfer Tax Measure) and Exhibit 2 (Transfer Tax Advisory Measure), which Exhibits are incorporated by reference herein:

Transfer Tax Measure
FOR:

AGAINST:

Transfer Tax Advisory Measure
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 7. The City Clerk shall cause the text of the measures, which is contained in Exhibit 1 (Transfer Tax Measure) and Exhibit 2 (Transfer Tax Advisory Measure), together with the City Attorney impartial analyses, and any arguments for or against the measures, 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

11.A.a
Packet Pg. 249 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax 7 text of the measures 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 8. The provisions of Resolution Numbers 11425 and 11426 are referred to and incorporated into this resolution for more particulars concerning the conduct of the 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 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 – Text of Transfer Tax Measure
Exhibit 2 – Text of Transfer Tax Advisory Measure

11.A.a
Packet Pg. 250 Attachment: Resolution Document Transfer Tax [Revision 4] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax EXHIBIT 1
CITY COUNCIL PROPOSED MEASURE TO AMEND CHAPTER 6.96 OF THE SANTA

MONICA MUNICIPAL CODE TO ESTABLISH A THIRD TIER REAL PROPERTY

TRANSFER TAX RATE OF FIFTEEN DOLLARS PER THOUSAND DOLLARS OF

CONSIDERATION OR PROPERTY VALUE TRANSFERRED APPLICABLE SOLELY

TO THE AMOUNT OF VALUE TRANSFERRED IN EXCESS OF EIGHT MILLION

DOLLARS
WHEREAS, this measure shall be known as the “Comprehensive Real Property Transfer Tax Measure” (“Measure”); and
WHEREAS, on November 28, 1967, the City Council of the City of Santa Monica adopted Ordinance No. 761 (CCS), which established the Real Property Transfer Tax Ordinance of the City of Santa Monica (the “City Real Property Transfer Tax”), and set a real property transfer tax rate at $0.55 per $1,000 of consideration or property value transferred; and
WHEREAS, on August 13, 1991, the City Council adopted Ordinance No. 1596 (CCS), which, among other things, amended the City Real Property Transfer Tax to establish a real property transfer tax rate of $3.00 per $1,000 of consideration or property value transferred; and
WHEREAS, on November 3, 2020, the voters approved Measure SM, which established a Second Tier Tax Rate of $6.00 per $1,000 of consideration or property value transferred for all sales or transfers of $5,000,000 or greater; and WHEREAS, many residents live in the City of Santa Monica because the City invests in community priorities, offers extensive services and programs that substantially enhance the quality of life of its residents; and
WHEREAS, an additional locally-controlled revenue source is needed to restore and enhance Santa Monica’s essential city services; and WHEREAS, establishing a new Third Tier Tax Rate of an additional $15.00 per

11.A.b
Packet Pg. 251 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
$1000 of consideration or property value transferred, which would apply solely to the amount of consideration or value in excess of $8,000,000, would partially fill the revenue gap created by COVID-19 and help restore and enhance Santa Monica’s essential city services; and
WHEREAS, a number of charter cities have real property transfer taxes that exceed the proposed Third Tier Tax Rate; and
WHEREAS, on average over the last four calendar years and through May 2022, approximately 5% of sales and transfers in the City involved properties with a valuation of $8,000,000 or more; and
WHEREAS, the County of Los Angeles (“County”) and the City have entered into a binding agreement to administer the Second Tier Tax; and WHEREAS, the County currently administers a progressive real property transfer tax for the City of Culver City that applies different incremental tax rates according to the amount of the total transaction; and
WHEREAS, the revenue from the proposed increase to the City Real Property Transfer Tax may be used to fund general governmental services, such as: (a) services to address homelessness and mental health; (b) public safety and emergency response teams to address safety issues on City streets and in parks, (c) the reopening and staffing of all public libraries, (d) after-school and post-COVID recovery programs for public school children, (e) traffic safety improvements around schools, including crossing guards, and (f) transitional housing and shelters, as provided in an accompanying advisory measure; and
WHEREAS, under applicable law, the City Council of the City of Santa Monica

11.A.b
Packet Pg. 252 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
must present a proposed increase to the City Real Property Transfer Tax to the electorate of the City of Santa Monica for adoption by majority vote of the electorate.

NOW, THEREFORE:

SECTION 1. Chapter 6.96 of the Santa Municipal Code is amended to read as follows:

6.96.010 Title.

This Chapter shall be known as the “Real Property Transfer Tax Ordinance of the City of Santa Monica.” It is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California and other authority held as a charter city.

6.96.015 Definitions.

For purposes of this Chapter, the following terms shall have the following meanings:
(a) “Affordable Housing Transfer” shall mean a transfer of property to: (1) a nonprofit corporation; (2) a limited partnership or limited liability company in which a nonprofit corporation is the managing general partner or managing member; or (3) a community land trust (as defined by Revenue and Taxation Code Section 402.1) and operated in accordance with Revenue and Taxation Code Section 214.18, if the property is subject to a binding agreement or covenant recorded on the real property and enforceable by the City to provide all residential units on the property (other than units reserved for on-site property managers) at an affordable rent or affordable housing cost to lower income households as defined in California Health and Safety Code Section 50079.5;

11.A.b
Packet Pg. 253 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
(b) “City” shall mean the City of Santa Monica;
(c) “City Collected Portion” shall mean, with respect to any Second Tier Tax owed, one-half of that Second Tier Tax;
(dc) “County” shall mean the County of Los Angeles;
(e) “County Collected Portion” shall mean, with respect to any Second Tier Tax owed, one-half of that Second Tier Tax;
(fd) “First Tier Tax” shall mean the City-imposed tax pursuant to this Chapter to be paid at the First Tier Tax Rate on any sale or transfer within the City; (ge) “First Tier Tax Rate” shall mean the tax rate of three dollars for each one thousand dollars of consideration or property value, or fractional part thereof, which tax rate is equivalent to the tax rate that shall remain in effect prior to March 1, 2021; (f) “Realty Sold” includes but is not limited to, any acquisition, sale, or transfer of ownership interests in a legal entity that would be a change of ownership of the entity’s real property under California Revenue and Taxation Code § 64; (hg) “Second Tier Tax” shall mean the City-imposed tax pursuant to this Chapter to be paid at the Second Tier Tax Rate on any sale or transfer within the City; (i) “Second Tier Tax Agreement” shall mean a fully executed and binding agreement between City and County that requires the County to administer the entirety of the Second Tier Tax;
(jh) “Second Tier Tax Rate” shall mean the tax rate of six dollars for each one thousand dollars of consideration or property value, or fractional part thereof.

11.A.b
Packet Pg. 254 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
(i) “Third Tier Tax” shall mean the City-imposed tax pursuant to this Chapter to be paid at the Third Tier Tax Rate on any sale or transfer within the City. (j) “Third Tier Tax Rate” shall mean the additional incremental tax of fifteen dollars for each thousand dollars of consideration or property value, or fractional part thereof, applied solely to the amount of consideration or value that exceeds $8,000,000.

6.96.020 Transfers affected and amount of tax.

Effective March 1, 20212023, there is hereby imposed on each deed, instrument, or writing by which any lands, tenements, or other realty Realty sold Sold within the City shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars, a tax at the rates set forth below:
(a) For sales or transfers when the consideration or value of the interest or property conveyed is less than five million dollars$5,000,000, the First Tier Tax Rate; and (b) For sales or transfers when the consideration or value of the interest or property conveyed is greater than or equal to five million dollars$5,000,000, the Second Tier Tax Rate.
(c) For sales or transfer when the consideration or value of the interest or property conveyed is greater than eight million dollars, the Second Tier Tax Rate on the entire amount of consideration or value plus the Third Tier Tax Rate on the portion of consideration or value that exceeds $8,000,0000.

11.A.b
Packet Pg. 255 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
Prior to March 1, 20212023, the tax at the First Tier Tax Rate and Second Tier Tax Rate, as applicable, the rate of three dollars for each one thousand dollars of consideration or property value, or fractional part thereof, shall remain in effect.

6.96.025 CPI Adjustment.

Beginning on March 1, 2028, the City Council is authorized to increase or decrease the amount of consideration or value subject to the Third Tier Tax Rate by an amount proportional to the change in the Consumer Price Index for All Urban Consumers, Los Angeles-Long Beach-Anaheim (“CPI”), as published by the U.S. Department of Labor Statistic, rounded up to the nearest one thousand dollars ($1,000.00), provided that:
(a) such adjustment shall not lower the applicability of the Third Tier Tax Rate to transfers when the consideration or value of the interest or property conveyed is less than $8,000,000; and
(b) any adjustment to the threshold for applying the Third Tier Tax Rate may not be done more than once per five years after the effective date of this section or within five years after the most recent CPI adjustment pursuant to this section.

The City Council may implement the CPI adjustment provided by this section by ordinance. In the event the Bureau of Labor Statistics discontinues the publication of the CPI, then a comparable statistic shall be used as determined by the Director of Finance.

6.96.030 Taxpayer designated.

Any tax imposed pursuant to Section 6.96.020 hereof shall be paid by: (1) any person who makes, signs or issues any document or instrument subject to the tax; (2) any person for whose use or benefit any document or instrument subject to the tax is

11.A.b
Packet Pg. 256 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
made, signed or issued; or (3) any combination thereof. The obligation to pay any tax imposed pursuant to Section 6.96.020 shall be a joint and several liability of the taxpayers identified in this Section.

6.96.035 Payment of First Tier Tax to County, payment of Second Tier Tax to County and City.

Any taxes due under this Chapter shall be paid prior to recording any deed, instrument, or writing subject to the tax. Payment shall be made as follows:
(a) Any First Tier Tax owed shall be paid directly to the County on behalf of the City;
(b) Unless the County enters into a Second Tier Tax Agreement, any Second Tier Tax owed shall be paid in two equal parts:
(1) The County Collected Portion (three dollars for each one thousand dollars of consideration or property value, or fractional part thereof) shall be paid to the County on behalf of the City; and
(2) The City Collected Portion (three dollars for each one thousand dollars of consideration or property value, or fractional part thereof) shall be paid directly to City.

6.96.036 Payment of entire Second Tier Tax to County upon execution of binding agreement—Notice.

In the event that the City and County enter into a Second Tier Tax Agreement, the County is authorized to collect the entirety of the Second Tier Tax as if

11.A.b
Packet Pg. 257 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
Section 6.96.035(b) did not exist. The City shall provide at least ninety days’ notice of the effective date of any Second Tier Tax Agreement on its website.

6.96.040 Debt-securing instrument exempted.

Any tax imposed pursuant to this Chapter shall not apply to any instrument in writing given to secure a debt.

6.96.050 Certain governmental units exempted.

The United States or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, including any City or County, or the District of Columbia shall not be liable for any tax imposed pursuant to this Chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.

6.96.051 Partial exemption for certain affordable housing developments by nonprofit corporations and community land trusts.

For an Affordable Housing Transfer in which the consideration or value of the interest or property conveyed is greater than or equal to five million dollars, the First Tier Tax Rate shall apply to the amount of the entire transfer, under the following conditions:
(a) If prior to the time an obligation to collect the City Collected Portion of the Second Tier Tax or Third Tier Tax arises under Section 6.96.095 of this Chapter, a taxpayer with respect to the such transfer, as defined in Section 6.96.030 of this Chapter, obtains from the Director of Finance a certification that the transfer is an Affordable Housing Transfer, no such taxpayer with respect to the Affordable Housing Transfer shall

11.A.b
Packet Pg. 258 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
only be required to pay the City collected portion of the Second Tier TaxFirst Tier Tax on the Affordable Housing Transfer; or
(b) If the City collected portion of the Second Tier Tax or Third Tier Tax is paid on an Affordable Housing Transfer, any taxpayer with respect to the such transfer, as defined in Section 6.96.030 of this Chapter, may apply to the Director of Finance for a refund of that portion of the City collected portion of the Second Tier Tax and Third Tier Tax, if applicable, paid by the taxpayer on the Affordable Housing Transfer that exceeds the amount of the First Tier Tax as applied to the Affordable Housing Transfer under this section; any such application for a refund must be submitted within one hundred twenty days of the transfer subject to the Second Tier Tax or Third Tier Tax.

6.96.060 Plans of reorganization or adjustment.

Any tax imposed pursuant to this Chapter shall not apply to the making, delivering, or filing of conveyances to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Federal Bankruptcy Act, as amended; (b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Section 101 of Title 11 of the United States Code, as amended; (c) Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 of Title 11 of the United States Code, as amended; or
(d) Whereby a mere change in identity, form or place of organization is effected.

11.A.b
Packet Pg. 259 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
Subsections (a) to (d), inclusive, of this Section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change.

6.96.070 Securities and Exchange Commission orders.

Any tax imposed pursuant to this Chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1986, but only if:
(a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; and (c) Such conveyance is made in obedience to such order.

6.96.080 Partnerships.
(a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this Chapter by reason of any transfer of an interest in a partnership or otherwise, if:
(1) Such partnership (of another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1986; and (2) Such continuing partnership continues to hold the realty concerned.

11.A.b
Packet Pg. 260 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
(b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1986, for purposes of this Chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this Chapter by reason of a termination described in subsection (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination.

6.96.081 Other Exemptions Per State Law.

The tax imposed by this Chapter shall not apply to:
(a) any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes; and
(b) any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi-community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-community, or quasi-marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses, executed in

11.A.b
Packet Pg. 261 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders; and (c) any deed, instrument, or other writing which purports to grant, assign, transfer, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenements, realty, or interests therein are transferred outright to, or in trust for the benefit of, any person or entity.

6.96.082 Partial Exemptions to Third Tier Tax Only.

The Third Tier Tax imposed by this Chapter shall not apply to:
(a) a deed without consideration that corrects a deed, provided that such correction is recorded no later than ninety (90) days after the recordation of the transfer to be corrected; and
(b) any transfer of real property between an individual or individuals and a legal entity or between legal entities that results solely in a change in the method of holding title to the realty and in which proportional ownership interests in the realty, whether represented by stock, membership interest, partnership interest, cotenancy interest, or otherwise, directly or indirectly, that remains the same for a minimum of one hundred (180) days after the transfer. Transfers from a parent corporation to a wholly owned subsidiary corporation shall likewise by exempt; provided, the beneficial ownership of the property remains the same; and
(c) a transfer to or from a tax-exempt charitable organization with a valid 501(c)(3) status; and

11.A.b
Packet Pg. 262 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
(d) a transfer of real property that contains four (4) or more dwelling units designed for permanent residential occupancy, including accessory dwelling units, and meets all of the following conditions:
(1). At least one (1) or more of the dwelling units was newly constructed within the last five (5) years prior to the transfer of the real property, based on the date of the issuance of the certificate of occupancy for such newly constructed dwelling units (“newly constructed” shall not include the remodel or renovation of an existing unit);
(2). The newly constructed dwelling units must have resulted in a net increase in the total number of dwelling units on the real property; and (3). The transfer of real property is the first transfer following the issuance of the certificate of occupancy for such newly constructed dwelling units; and (e) a transfer of owner-occupied residential housing with no more than three units, whether or not any other portion of the property is also rented, provided that the seller has occupied the property for at least two years immediately prior to the transfer; and
(f) a ground lease with a remaining term of less than 35 years.

6.96.090 Administration by County Recorder as to First Tier Tax and County collected portion of Second Tier Tax absent Second Tier Tax Agreement.

The County Recorder shall administer this Chapter in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions

11.A.b
Packet Pg. 263 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
of any County ordinance adopted pursuant thereto. Until the effective date of a Second Tier Tax Agreement, the County shall administer and collect: (1) the entirety of any First Tier Tax; and (2) the County collected portion of any Second Tier Tax. Following the effective date of a Second Tier Tax Agreement, the County will collect: (1) the entirety of any First Tier Tax; and (2) the entirety of any Second Tier Tax as provided in the Second Tier Tax Agreement.

The City Manager is authorized to negotiate, modify, and enter into a contract with the County or one of its officials for the administration of this Chapter and payment to the County for its costs of administration.

6.96.095 Administration of City collected portion of Second Tier Tax by recording party or agent.

Unless a Second Tier Tax Agreement has been executed and the City has provided at least ninety days’ notice on its website of the effective date of said agreement in accordance with Section 6.96.036, the City collected portion of any Second Tier Tax shall be administered as follows:
(a) Any entity (including any escrow company, title company, or taxpayer as defined in Section 6.96.030, or agent thereof) that records any deed or written instrument subject to the Second Tier Tax Rate set forth by Section 6.96.020(b) shall be responsible for ensuring that the City collected portion of the Second Tier Tax is collected and paid prior to said recording.
(b) Escrow companies that are involved in a property sale or transfer to which the Second Tier Tax Rate applies shall ensure that either:

11.A.b
Packet Pg. 264 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
(1) The City collected portion of the Second Tier Tax has been paid to the City prior to recording any deed or written instrument subject to the Second Tier Tax Rate; or (2) Funds sufficient to cover the City collected portion of the Second Tier Tax have been set aside to be distributed to City at the time of recording. (c) The Director of Finance is authorized to promulgate any rules or regulations reasonably necessary to administer the City collected portion of the Second Tier Tax, as well as necessary forms and receipts.

Following the effective date of a Second Tier Tax Agreement, the obligations imposed by subsections (a) and (b) of this Section 6.96.095 will cease to exist.

6.96.100 Refunds.

Claims for refund of taxes imposed pursuant to this Chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096), of Part 9 Division 1 of the Revenue and Taxation Code of the State of California. The Director of Finance may issue rules or regulations reasonably necessary to establish and administer a refund application process (including any necessary forms or declarations) to issue any refunds due pursuant to the partial exemptions in Section 6.96.051.

6.96.110 Authority of Finance Director.
(a) The Director of Finance is hereby designated as the officer of the City responsible for maintaining relations with the County for the purpose of administering the tax imposed under this Chapter and receiving and accounting for the funds collected thereunder.

11.A.b
Packet Pg. 265 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
(b) If the County or the entities identified in Section 6.96.095 do not collect or administer the tax due under this Chapter, or if any tax owed is otherwise unpaid, then the Director of Finance shall have the power and duty to enforce all of the provisions of this Chapter. The Director of Finance, designee, or any third-party agent authorized by the Director of Finance may collect any unpaid tax through any lawful means. (c) The Director of Finance is authorized to issue any rules and regulations reasonably necessary to implement and administer this Chapter.

6.96.120 Due dates, delinquencies, penalties, interest, and administrative charges.

The tax imposed under this Chapter is due and payable at the time the deed, instrument, or writing effecting a transfer subject to the tax is delivered to the County Recorder. Any such tax is delinquent if unpaid at the time of recordation. In cases where a transfer is effected but not recorded with the County Recorder within ninety days of acceptance, all statutes of limitation regarding liability for this tax will be tolled until the City has actual knowledge of the transfer or recording, at which time the tax, penalties, and interest on the unrecorded transfer will relate back to the actual transfer date of such unrecorded transfer. Any unpaid tax pursuant to this Chapter will be a joint and several liability of all taxpayers, as designated by Section 6.96.030 of this Chapter.

If any tax is not paid prior to becoming delinquent, the Director of Finance may impose a delinquency penalty of up to ten percent of the amount of the tax due. To the extent permitted by law, the Director of Finance may establish rules and regulations that establish an applicable interest rate. The Director of Finance shall have the power to reduce or waive any penalty or interest applicable under this Chapter so long as such reduction or waiver is in writing and in compliance with any City-issued rules or regulations

11.A.b
Packet Pg. 266 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
concerning this Chapter. Any request for reduction or waiver of any penalty or interest assessed pursuant to this Chapter shall be made in writing no later than thirty days following the assessment of such penalty or interest.

6.96.130 Declaration or additional records may be required.

The tax imposed by this Chapter shall be paid to the City by the taxpayers referred to in Section 6.96.030. The Director of Finance shall have the authority as part of any rules and regulations promulgated by him or her as provided for herein to require that the payment shall be accompanied by a declaration of the amount of tax due signed by the person paying the tax or by his or her agent. The declaration shall include a statement of the value of the consideration on which the tax due was computed. The declaration also shall identify the property address and deed, instrument or writing effecting the transfer for which the tax is being paid. The Director of Finance, or designee, may require delivery of a copy of such deed, instrument or writing whenever reasonably necessary to adequately identify such writing or to administer the provisions of this Chapter. The Director of Finance, or designee, may rely on the declaration as to the amount of the tax due; provided, he or she has no reason to believe that the full amount of the tax due is not shown on the declaration.

Whenever the Director of Finance, or designee, has reason to believe that the full amount of tax due is not shown on the declaration or has not been paid, he or she may, by notice served upon any person liable for the tax, require him or her to furnish a true copy of his or her records relevant to the value of the consideration or fair market value of the property transferred. Such notice may be served at any time within three years after recordation of the deed, instrument or writing which transfers such property.

11.A.b
Packet Pg. 267 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1

6.96.140 Determination of deficiency.

If on the basis of such information as the Director of Finance receives pursuant to the last paragraph of Section 6.96.130 and/or on the basis of such other relevant information that comes into his or her possession, he or she determines that the amount of tax due as set forth in the declaration, or as paid, is insufficient, he or she may recompute the tax due on the basis of such information.

If the declaration required by Section 6.96.130 is not submitted, the Director of Finance may make an estimate of the value of the consideration for the property conveyed and determine the amount of tax to be paid on the basis of any information in his or her possession or that may come into his or her possession.

One or more deficiency determinations may be made of the amount due with respect to any transfer.

6.96.150 Notice of determination.

The Director of Finance, or designee, shall give written notice to a person liable for payment of the tax imposed under this Chapter of his or her determination made under Section 6.96.140. Such notice shall be given within three years after the recordation of the deed, instrument or writing effecting the transfer on which the tax deficiency determination was made.

6.96.160 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

11.A.b
Packet Pg. 268 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
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.

6.96.170 Petition for redetermination.

Any person against whom a determination is made under this Chapter or any person directly interested may petition the Director of Finance for a redetermination within sixty days after service upon the person of notice thereof. If a petition for redetermination is not filed in writing with the Director of Finance within the sixty-day period, the determination becomes final at the expiration of the period.

6.96.180 Consideration of petition for redetermination—Hearing.

If a petition for redetermination is filed within the sixty-day period, the Director of Finance, or designee, shall reconsider the determination and, if the person has so requested in his or her petition, shall grant the person an oral hearing, and shall give him or her ten days’ notice of the time and place of hearing. The Director of Finance may designate one or more deputies for the purpose of conducting hearings and may continue a hearing from time to time as may be necessary.

6.96.190 Determination of petition.

The Director of Finance, or designee, may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the Director of Finance, or designee, at or before the hearing.

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Packet Pg. 269 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1

6.96.200 Finality of determination.

The order or decision of the Director of Finance, or designee, upon a petition for redetermination becomes final thirty days after service of notice thereof upon the petitioner or at the time of hearing of redetermination. There is no appeal of the Director of Finance’s (or designee’s) decision to the City Council; writs challenging the Director’s decision conveyed by his or her deputies at an administrative hearing must be filed with the appropriate court within ninety days of the final date of such redetermination. (California Code of Civil Procedure Section 1094.6.)

6.96.210 Tax a debt.

The amount of any tax, penalties, and interest imposed under the provisions of this Chapter shall be deemed a debt to the City. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the City’s name for the recovery of such amount.

6.96.220 Tax a lien.

The amount of tax, penalties and interest imposed under the provisions of this Chapter is assessed against the property upon the transfer of which the tax is imposed, and if not paid when due, such tax shall constitute an assessment against such property and shall be a lien on the property for the amount thereof, which lien shall continue until the amount thereof including all penalties and interest are paid, or until it is discharged of record. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City for the recovery of such amount.

6.96.230 Notice of hearing on lien.

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Packet Pg. 270 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
The Director of Finance shall file with the City Manager a written notice of those persons on whom the City will file liens. Upon the receipt of such notice the City Manager shall present same to the City Council, and the City Council shall forthwith, by resolution, fix a time and place for a public hearing to confirm such liens.

The Director of Finance shall cause a copy of such resolution and notice to be served upon the transferor or transferee of property not less than ten days prior to the time fixed for such hearing. Such service shall be by mailing a copy of such resolution and notice to the transferor or transferee of property at his or her last known address.

Service shall be deemed complete at the time of deposit in the United States mail.

6.96.240 Collection of delinquent taxes by special tax roll assessment.

With the confirmation of the lien by the City Council pursuant to the hearing set forth in Section 6.96.220, the delinquent tax charges contained therein which remain unpaid by the transferor or transferee shall constitute a special assessment against said property, and shall be collected at such time as is established by the County AuditorController for inclusion in the next property tax assessment.

The Director of Finance shall turn over to the County Auditor-Controller for inclusion in the next property tax assessment the total sum of unpaid delinquent charges consisting of the delinquent transfer taxes, penalties and interest at the rate of twelve percent per annum from the date of recordation to the date of lien.

Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure of sale as provided for delinquent, ordinary, municipal taxes. The assessment lien previously imposed upon the property are paramount to all

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Packet Pg. 271 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
other liens except for those of State, County, and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and charges due and payable thereon are paid. All taxes applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments.

6.96.250 Administrative penalties.

Any person violating or failing to comply with any provision of this Chapter may be subject to any of the penalties set forth in Section 1.08.010 of the Santa Monica Municipal Code. Each such violation or failure shall constitute a separate offense. Neither the City’s pursuit of any such penalties nor the imposition of any such penalties shall excuse any person from the payment, collection or remittance of any tax provided for in this Chapter.

6.96.260 Authority of City Council to establish rules and amend Chapter.

The City Council is authorized to establish by resolution any rules that are necessary and desirable for implementation of this Chapter. The City Council is authorized to amend any aspect of this Chapter as long as the amendment does not result in an increase in the authorized tax rate.

6.96.270 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof is for any reason held to be invalid, unlawful or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof,

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Packet Pg. 272 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.

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. This Measure adopts a comprehensive real property transfer tax scheme. By voting for this Measure, the voters expressly declare their intent that any other measure that appears on the same ballot as this Measure and addresses real property transfer taxes within the City, or conflicts with any provision of this Measure, including, without limitation, the “Funding for Homelessness Prevention, Affordable Housing, and Schools” measure, which shall be deemed to conflict with the scheme adopted by this Measure. Because of this conflict, if this Measure and any such other City of Santa Monica measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail and no provision of the other measure shall take effect.

SECTION 4. 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,

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Packet Pg. 273 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 1
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. 274 Attachment: Exhibit 1 Tax Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue EXHIBIT 2 – ADVISORY MEASURE TEXT

CITY COUNCIL PROPOSED ADVISORY MEASURE ASKING WHETHER

POTENTIALLY INCREASED REVENUES FROM INCREASING THE CITY REAL

PROPERTY TRANSFER TAX BY ESTABLISHING A THIRD TIER TAX RATE ON THE AMOUNT OF ANY REAL PROPERTY TRANSFER WHICH EXCEEDS $8,000,000

SHOULD BE SPENT ON HOMELESS AND MENTAL HEALTH SERVICES, PUBLIC

SAFETY AND EMERGENCY RESPONSE SERVICES, PUBLIC SAFETY AND

EMERGENCY RESPONSE SERVICES, LIBRARY SERVICES, AFTER-SCHOOL

PROGRAMS, TRAFFIC SAFETY IMPROVEMENTS AROUND SCHOOLS, AND

TRANSITIONAL HOUSING AND SHELTERS
This Advisory Measure Does Not Increase Taxes. It is an Advisory Measure which states the intent of the Voters in the City of Santa Monica that any increased revenues from establishing a Third Tier Tax Rate of $15.00 per $1000 of consideration or value, which would be applied solely to the amount of consideration or real property value transferred in excess of $8,000,000, as proposed by the “Comprehensive Real Property Transfer Tax Measure” (the “Transfer Tax Measure”), should be spent on the following programs and services:
• services to address homelessness and mental health; or • public safety and emergency response teams to address safety issues on City streets and in parks; or
• the reopening and staffing of all public libraries; or • after-school and post-COVID recovery programs for public school children; or • traffic safety improvements around schools, including crossing guards; or • transitional housing and shelters
If this Advisory Measure is passed by the Voters and the Transfer Tax Measure does not pass, there will be no change to existing policy.

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Packet Pg. 275 Attachment: Exhibit 2 Advisory Measure Text [Revision 5] (5196 : Adoption of resolution for Real Property (Documentary) Transfer Tax revenue City Council
Report
City Council Meeting: July 12, 2022
Agenda Item: 11.B
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolutions for Proposed Ballot Measures on the November 8, 2022 Election Amending Articles XVIII and XXIII of the City Charter Recommended Actions
Staff recommends that the City Council:

1. Adopt the attached resolution (Attachment A) placing a measure on the November 8, 2022 ballot that would amend Article XXIII of the City Charter to establish a rent registry for Nonrentcontrolled Rental Units; or, alternatively, approve the first reading of an ordinance to establish a rent registry for Nonrentcontrolled Rental Units (Attachment B).

Executive Summary
At its April 28, 2022, Board meeting, the Santa Monica Rent Control Board voted to recommend that the City Council place on the ballot for the November 8, 2022, general election amendments to the City Charter, as follows:

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1) Add new Section 2304.5 to Article XXIII of the City Charter to require the registration of all Nonrentcontrolled Rental Units; 2) Modify Article XVIII, Section 1806(a)(8)(iv) and (v) of the City Charter to require that an owner intend to occupy a unit for at least three years instead of one year before evicting a tenant, and occupy the unit within sixty (60) days of vacancy;
3) Modify Article XVIII, Section 1803(e) of the City Charter to allow Rent Control Board Commissioners to be elected to a maximum of three full terms to align with City elected officials; and
4) Modify Article XVIII, Section 1803(d) of the City Charter to state that an election need not be held if the number of qualified candidates does not exceed the number of open Rent Control Board positions.

At its June 9, 2022 meeting, the Board voted to propose an additional charter amendment giving the Board discretion to modify or suspend the annual general adjustment during declared emergencies.

The Board believes that these amendments are in the public interest because they would provide greater transparency about rental and occupancy rates for all rental units; would strengthen tenant protections from unnecessary displacements; would streamline elections to improve governmental functions; and would protect tenants during a declared state of emergency. The attached Santa Monica Rent Control Board staff reports dated April 28, 2022, (Attachment D) and June 9, 2022, (Attachment E), respectively, explain in greater detail the reasons for these proposals.

Discussion
a. Registration of rental units not subject to the Rent Control Law.

Requiring the registration of all rental units could assist the City in a greater understanding of the scope of the affordable housing crisis in Santa Monica and in

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determining more effective ways to mitigate its impact, an impact that is driving housing instability, displacement, and greater numbers of the unhoused population. i. Existing law
All units subject to the City’s Rental Control Law (Article XVIII of the City Charter, also referenced as “RCCA”) must be registered with the City’s Rent Control agency.

Owners must provide information related to unit size, base rent, amenities and other basic information. In addition, units must be re-registered following a vacancy and rerental. In this way, the agency obtains basic information about each rental unit to allow it to administer and enforce the law more effectively. This information also helps inform the agency about rental rates and trends as well as the loss/gain of controlled units and the effectiveness of measures to maintain and increase the controlled rental housing stock.

Currently, the City Charter does not require registration of Nonrentcontrolled Rental Units. Like the registration requirements for controlled units, registration of uncontrolled units would assist City officials in monitoring and mitigating the affordable housing crisis and ensure that the tenant protections in the City Charter are followed. Moreover, with the state limits on rent increases and eviction protections, tenants would be better informed as to their rights.

To accomplish this, the Rent Control Board recommended that Article XXIII of the Santa Monica City Charter be amended to require owners to register with the City Nonrentcontrolled Rental Units. Article XXIII governs the City’s housing policies, including tenant protections, in non-controlled rental units. ii. Other jurisdictions
Most jurisdictions with some form of rent control or tenant protections require the registration of rental units. The table below illustrates the requirements of some of these cities.

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Jurisdiction Type of units
Initial
registration? Re-registration?
West Hollywood Controlled units Yes
Upon vacancy and rerental
Los Angeles Controlled units Yes Annual
LA County Controlled units Yes Annual
Culver City All rental units Yes
Annual, upon new tenancy
and changes in housing
services
Berkeley
Controlled and
partially exempt units Yes
Upon vacancy and rerental; annually for PE units
Beverly Hills Controlled units Yes
Upon vacancy and rerental
iii. Other considerations
The requirement to register rental units and provide basic information such as the rental rate, ownership details, occupancy dates and amenities is not a new concept.

In fact, most jurisdictions that provide any tenant protections either in the form of rent limits or just-cause eviction protections require the registration of rental units to gauge the effectiveness of the laws and to aid in enforcement. These requirements have been in place for decades in some jurisdictions, including Santa Monica. The RCCA has required the registration of rent controlled rental units since its enactment. iv. Potential requirements for a rent registry for Nonrentcontrolled Rental Units in the City Charter, Article XXIII

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Article XXIII of the Santa Monica City Charter provides, among other things, eviction protections for tenants living in Nonrentcontrolled Rental Units. Section 2302(a) defines Nonrentcontrolled Rental Units as: “All residential rental units in the City of Santa Monica except those units that are subject to rent control pursuant to Article XVIII of this Charter or are single-family homes.” Section 2305, titled “Implementation”, describes the broad authority of the City Council to “protect community health, safety and welfare by, among other things, adopting ordinances, resolutions or regulations to implement and effectuate the provisions of this Article, including, but not limited to, provisions relating to exemptions, just cause, notices, comparability of units, and good faith. Additionally, the City Council may create any administrative mechanisms it deems necessary for this Article’s implementation.” Requiring the registration of uncontrolled rental units that are subject to this Article could arguably be accomplished through an ordinance or regulation since it could reasonably be construed as a mechanism to ensure that landlords are adhering to the just cause provisions. An annual registration requirement along with a requirement to explain the reasons for changes in tenancy could greatly enhance these tenant protections.

Alternatively, the City Council could propose an amendment to the City Charter to require registration of these Nonrentcontrolled Rental Units. A new section could be added to Article XXIII requiring that the units subject to this article must be registered as set forth in the section and accompanying regulations. The City could also require that rental units subject to Article XXIII be registered annually to ensure rental rates and vacancy/tenant information is kept current and require registrations to be updated upon a new tenancy or changes in housing services as Culver City has done.

As part of the annual registration, the City could require owners to provide some or all of the following information:
1) Occupancy status and commencement date of the current tenancy; 2) The amount of rent the current tenant is paying;

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3) The reason the prior tenant vacated the unit, if known; 4) The water/utility metering status of the unit;
5) The amenities provided with the tenancy;
6) Any changes in ownership information; and
7) Any other information the City deems necessary.

To cover the reasonable expenses necessary to administer the rent registry and provide counseling services and enforcement, the City could establish an annual per unit fee that would be charged to property owners.

A new section, 2304.5, could be added to read:
2304.5 Registration of Nonrentcontrolled Rental Units
(a) Registration required. Upon issuance by the City of Santa Monica of a valid written Rent Registration certificate, as set forth in this Section 2304.5, no Landlord shall demand or accept Rent for a Nonrentcontrolled Rental Unit (NRU) without first serving on the Tenant, or displaying in a conspicuous place, such Rent Registration certificate.
(b) Registration Process.
(1) A Landlord shall provide Rent amount and Tenancy information for every Rental unit on a Rent Registration form provided by the City. The Rent Registration form shall be submitted on a date to be determined by the City and on that date each year thereafter. Registration is complete only when all of the following information is provided: ownership information; property information; year built and certificate of occupancy date; number of bedrooms and bathrooms for each NRU; the amount of Rent in effect at the time of registration; a description of housing services; water/utility metering status of the unit; and the property vacancy rate. If any NRU has been vacant for more than 30 days, the Landlord shall provide the date of vacancy and whether the vacancy is due to a buyout agreement.

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(2) Every NRU Rent Registration certificate shall be updated annually, as required by Section 2304.5(b)(1), upon a new tenancy, or when there are changes in housing services.
(3) If an NRU is vacant for more than 30 days, the Landlord shall provide a certification to the City of the duration of the vacancy, and that the NRU shall be secured against unauthorized entry.
(4) For every property for which a Landlord is required to procure a Rent Registration certificate pursuant to this section, the Landlord shall post a notice in a form provided by the City, providing information about this Subchapter 2304.5 and City contact information. Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice.

If there is no common area or similar location, this requirement may be satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City. (c) Notice of Rent information deficiencies and opportunity to cure; Appeals; and Final Administrative Decision.
(1) The City shall provide written notification to the Landlord of a failure to comply with this section and allow fifteen (15) calendar days to respond. The City shall not issue a Rent Registration certificate for the NRU until the Landlord has substantially complied by providing the rental information as required by this section.
(2) Any Landlord disputing the City’s notification of deficient registration may file a written appeal with the City Manager or designee within ten (10) calendar days of the date of the notice of deficiency. The City Manager or designee shall provide a written notice within thirty (30)

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calendar days of its appeal decision, which shall be a final administrative decision.
(d) Registration fee.
(1) A fee for the registration of NRU’s may be established by resolution of the City Council. Such fees are intended to recover the City’s reasonable costs associated with the administration and enforcement of this section.
(2) A Landlord may pass through to the Tenant fifty percent (50%) of the annual fee for the registration of the Tenant’s NRU (the pass-through fee) if such Tenant continuously occupied the NRU during the period covered by the completed registration. The City may establish applicable conditions and procedures governing the pass-through. The pass-through fee is not considered Rent and should appear as a separate line item on the Rent statement. A Landlord may collect a maximum of one-twelfth (1/12) of the pass-through fee per month.

Adopting this registration requirement as an ordinance provides more flexibility in modifying or adding provisions to facilitate implementation which cannot be anticipated at this stage. On the other hand, adding this registration requirement as a charter amendment would make it much more difficult to repeal since it would require voter approval, assuming the measure passed in November 2022. b. Good faith requirements for owner-occupancy evictions The RCCA prohibits evictions of tenants except as enumerated in the law. Owners or qualified relatives who wish to move into their units and reside there permanently may evict current tenants to do so, but only if they meet the requirements set forth in the RCCA. One of those requirements is that the owner or relative “intend in good faith to

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move into the unit within thirty (30) days after the tenant vacates and to occupy the unit as a primary residence for at least one year.”1
The Board has heard input from the public on the feasibility of requiring owners or their qualified relatives to intend to occupy the unit for at least three years, instead of one year, upon evicting an existing tenant. The purpose of placing both a requirement to occupy the unit within a certain time frame and a good faith intent to live there for a certain period is to ensure that the eviction is not used as a pretext for the owner to rent the unit to a new tenant paying market rates. i. Existing tools to prevent sham evictions and their
effectiveness.

Currently, if an owner or relative fails to move into the unit within 30 days, the landlord is required to re-offer the unit to the displaced tenant and pay the tenant any expenses incurred in the unlawful displacement.2 Moreover, owners cannot set a new initial rent for the first tenancy following an owner-occupancy eviction; the Maximum Allowable Rent (MAR) for this tenancy is the same MAR as the previous tenancy.4 Other protections include a requirement that the owner offer to the displaced tenant any unit that becomes vacant within a year of the tenant’s displacement, including the unit from which the tenant was evicted.3 The Board also has the ability to determine whether the first tenancy is a legitimate tenancy or a sham, in which case the landlord cannot set the initial rent for a subsequent tenant.6 The table below illustrates the rate of evictions for owner-occupancy in the 5 years preceding the current COVID-19-related eviction moratoria, the current status of the units, and whether they have been re-rented. This information is based upon copies 1 RCL Section 1806(a)(8)(iv).
2 RCL Section
1806(a)(8)(v). 4
Regulation
3301(b)(1).
3 Regulations 9002(d)(4) and
9002(g). 6 Regulation 3301(k).

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of eviction notices filed with the agency, notices of ownership changes and vacancy unit registrations.

Notices by
year from
2015 to
2019
Avg
property
size
Current
status
Rent still
restricted? New tenancy?
2019 - 5 4 units
1 sold to new
owner Yes 1 – May 2020
2018 - 7 5 units
1 Ellis, 1 sold
to new owner
6 restricted; 1
market
1 – 2020; 2021
(market rate)
2017 - 11 5 units
3 sold to new
owners
8 restricted; 3
market
5 new tenancies:
12018, 4-2019
2016 - 7 5 units
6 sold to new
owners
3 restricted; 4
market
6 new tenancies:
1-
2016; 3-2018; 1-
2019; 1-2021
2015 - 5 3 units
3 sold to new
owners Yes None
There are two instances of the re-rental of a formerly owner-occupied unit at the year mark, but more typical is the re-rental around two years or later. There does not seem to be a pattern as to the frequency of re-rental following an owner-occupancy exemption. The units that were owner-occupied in 2016 have mostly been re-rented while the units owner-occupied in 2015 all remain owner-occupied.

It is important to note that the good faith requirement to intend to live in the unit for a certain period of time serves as evidence of bad faith in an enforcement proceeding if

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the owner or relative moves out before the requisite time period is up. Such evidence is typically supported by other evidence to show that the eviction was carried out in bad faith.
ii. Good faith requirements in other jurisdictions
The table below illustrates the requirements for other jurisdictions.

Jurisdiction
Time to
occupy
unit
Period of
residency
Evidence of
bad faith
Right to return if
vacated within
period?
West
Hollywood 90 days
12 consecutive
months
Rebuttable
presumption
Yes, if re-offered
for rent
Los Angeles 3 months
2 consecutive
years Yes
Yes, if tenant
notified owner
LA County 60 days
3 years unless
extenuating
circumstances Yes Yes
Culver City 3 months 36 months Yes No
Berkeley 3 months
36 consecutive
months Yes Yes
iii. Potential impact of extending length of residency requirement The residency requirement is a statement of intent before owners can evict a tenant using this section. So, if this change is made, an owner would have to declare an intention to reside in the unit for at least three years. An owner who vacates the unit within that time period would be presumed not to have acted in good faith in evicting the tenant under this section.

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Based on past practices, Rent Control staff has found that the agency’s most effective tool in deterring sham evictions has been the bar to setting a new initial rent for the first tenancy following an owner-occupancy eviction as well as the tenant’s right to rerent the unit if the owner vacates it within a year. The requirement to re-register the unit when it is re-rented allows the agency to enforce the limits on the MAR as well as to determine whether the tenancy itself is legitimate.

To implement this change, RCCA Section 1806(a)(8)(iv) could be amended to read:
(iv) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) sixty (60) days after the tenant vacates and to occupy the unit as a primary residence for at least one year three years.

To strengthen this requirement, the Board has recommended a requirement that owners re-offer the unit to the displaced tenant if the owner vacates the unit within three years. In addition, currently, owners must move into the unit within 30 days after a tenant vacates. If the owner fails to take possession within 30 days, the owner must re-offer the unit to the displaced tenant. Many owners who genuinely intend to occupy the unit as their primary residence find it difficult to make the transition that quickly. And most jurisdictions allow at least 60 days for owners to move into the unit after the tenant vacates.

To implement these changes, Section 1806(a)(8)(vi) and (v) could be amended as follows:
(iv) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) sixty (60) days after the tenant vacates and to occupy the unit as a primary residence for at least one year three years.
(v) If the landlord or relative specified on the notice terminating tenancy fails to occupy the unit within thirty (30) sixty (60) days after the tenant

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vacates or fails to occupy the unit as a primary residence for at least three years, the landlord shall:

A. Offer the unit to the tenant who vacated it.

B. Pay to said tenant all reasonable expenses incurred in moving to and/or from the unit.
c. Election administration
Term limits
RCCA Section 1803(e), Term of Office, states “Commissioners shall serve a maximum of two full terms.” The Santa Monica City Charter also sets term limits for its councilmembers. Article VI, Section 600 allows councilmembers to serve up to three terms. For both agencies, terms are four years. The City Charter also states that term limits apply to appointed terms as well as elected terms. The RCCA does not specify whether appointed terms count toward the term limits.

In order to align with the City Charter and to have greater efficiency and cost reductions in the administration of elections, the Board has proposed that the RCCA be amended as follows:

Section 1803(e) TERM OF OFFICE: Commissioners shall serve a maximum of two three full terms. These term limits shall not apply to appointed terms, only elected terms.

Election efficiency
Currently, the RCCA requires that an election be held even if there are only as many candidates as open Board positions. The Board has proposed an amendment to the RCCA that an election is not necessary when the number of qualified candidates does not exceed the open positions. To accomplish this, Section 1803(d) could be amended as follows:

Section 1803(d) ELECTION OF COMMISSIONERS:

Commissioners shall be elected at general municipal elections in the

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same manner as set forth in Article XIV of the Santa Monica Charter, except that the first Commissioners shall be elected at a special municipal election held within ninety (90) days of the adoption of this Article. The elected Commissioners shall take office on the first Tuesday following their election. If, upon the City Clerk’s determination of the qualified candidates, the number of candidates does not exceed the number of vacant positions, no election will be held and the qualified candidates shall be seated upon swearing in by the City Clerk.
d. Emergency Authority to Freeze Rents
i. The Board does not currently have the authority to alter or suspend the General Adjustment in an emergency.

It is well-settled that the Rent Control Board derives its authority solely from the language of the Charter. Administrative bodies, such as the Board, do not have general police powers and cannot act in a way that contravenes the instrument from which they were created.4
The Board, unlike the Governor, a city, or a county, has not been granted emergency powers. The Board is not the governing body of the City of Santa Monica, and for that reason has no emergency powers under the Emergency Services Act. Nor does any other state law grant emergency powers to a municipal administrative agency; so the Board’s emergency powers, if any exist, must be found in the statute that created it, the City Charter. But nothing in the City Charter, from which the Board solely derives its authority, grants it such powers. To the contrary, the Board’s powers are circumscribed by the Charter, which lists only 15 things that the Board may or must do.5 One of those 4 Ocean Park Associates v. Santa Monica Rent Control Bd. (2004) 114 Cal.App.4th 1050, 1064, quoting from Kerr’s Catering Service v. Department of Industrial Relations (1962) 57 Cal.2d 319, 329-330. In Ocean Park, the Court struck down the Board’s practice, not provided for by the Charter, of allowing the Administrator to file rent decrease petitions on behalf of all tenants in a building when an individual petition revealed the presence of a common-area issue.
5 SMMC § 1803(f). See, also, Westsiders Opposed to Overdevelopment v. City of Los Angeles (2018) 27 Cal.App.5th 1079, 1086 (“A charter city may not act in conflict with its charter, and any act that is …

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things is “to make adjustments in the rent ceiling in accordance with [Charter] section 1805”, under which the adjustment is made according to a mandatory formula.

Section 1805 sets out the formula by which the Board must “announce” the annual adjustment to rent ceilings to controlled units. Nothing in that section allows the Board to alter that formula or suspend otherwise-allowed rent increases. ii. Proposed Charter amendment would give the Board authority to suspend rent increases in an emergency.

The global pandemic due to COVID-19 has caused unprecedented hardships, disruptions and long-term impacts that continue to affect Santa Monica’s residents.

While there has been some relief in the form of an eviction moratorium, rental assistance and other efforts to prevent displacement, those programs are winding down while the pandemic’s impacts continue to be felt. Inflation rates continue to spike and rising costs are hampering residents’ ability to recover from the loss of income and unexpected expenses that many experienced during the pandemic’s first two years.

Meanwhile, COVID-19 cases are increasing even as mitigation measures, such as masking and social distancing, are no longer required.

Other rent stabilization jurisdictions have been able to adjust to these conditions by implementing temporary freezes on rent increases for controlled units. 6 Because these
jurisdictions are not charter cities, they have the flexibility to enact measures through ordinance changes passed by the governing body. By contrast, changes to Santa Monica’s Charter can only be accomplished by a vote of the citizens of Santa Monica.

The proposed amendment would give the Board the discretion to respond to future public health emergencies by suspending otherwise-allowed annual general adjustments if such a suspension is necessary to protect the public’s health and safety. not in compliance with the charter is void [citation]. A city charter operates as a limitation over all the municipal affairs which the City is assumed to possess; it is not a grant of power.”) 6 See, e.g. City of Los Angeles and City of West Hollywood

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The proposed amendment is not a blank check; this authority could only be utilized during a declared state of emergency. The Board could also be required to make findings that the public’s health and safety is at risk and that implementing a rent increase freeze, or modifying the otherwise-allowed increase, would mitigate the risks of displacement and the attendant public health harms. Moreover, an owner would still be able to petition for a rent increase if the inability to impose the general adjustment would prevent the owner from obtaining a fair and reasonable return.

This amendment would provide the Board with the authority, which the Charter does not currently provide, to address a future public health crisis and its financial impacts.

Proposed language for Board authority to deny rent increases during states of emergency:

Section 1804(a) Temporary Freeze
(i) Rents shall not be increased during the one hundred-twenty (120) day period following the date of adoption of this Article.
(ii) Notwithstanding Section 1805, the Board may, in its discretion and in order to protect the public’s health and safety, disallow or, alternatively, modify otherwise-allowed annual general adjustments to rent ceilings during a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by the City Council or Director of Emergency Services, unless such individual adjustment is necessary to obtain a fair and reasonable return per the petition process in Section 1805.

Environmental Analysis
The proposed resolutions and/or ordinance are exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in

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the record, it can be seen with certainty that there is no possibility that the proposed resolutions and/or ordinance may have a significant effect on the environment.

Financial Impacts & Budget Actions
Based on past practice, the Rent Board would reimburse the City for any additional costs incurred by the City as a result of placing the measures and/or ordinance on the November ballot.

Attachment A – Resolution to place an amendment to Article XXIII of the City Charter on the November 8, 2022, ballot to establish a rent registry for Nonrentcontrolled Rental Units
Attachment B – Ordinance to establish a rent registry for Nonrentcontrolled Rental Units
Attachment C – Resolution to placement amendments to Article XVIII of the City Charter on the November 8, 2022, ballot
Attachment D - April 28, 2022, Rent Control Staff Report Attachment E – June 9, 2022, Rent Control Staff Report
Prepared By: Susan Cola, Assistant City Attorney
Approved Forwarded to Council
Attachments:

A. RC-ExA-Resolution Art XXIII
B. RC-ExB-Ordinance
C. RC-ExC-Resolution Art XVIII
D. RC-ExD-042822 RC staff report
E. RC-ExE-060922 RC staff report

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City Council Meeting: July 12, 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 ARTICLE XXIII OF THE

CITY CHARTER TO ESTABLISH A RENT REGISTRY FOR NONRENTCONTROLLED

RENTAL UNITS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2022, AND AUTHORIZING CITY COUNCILMEMBERS TO

FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE AND DIRECTING

THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, State restrictions on a local government’s ability to regulate rents across tenancies or to update local ordinances to apply rent control to buildings built after the adoption of the local law (April 1979 in Santa Monica) have substantially hobbled local entities’ efforts to ameliorate the worsening affordable housing crisis; and
WHEREAS, most new housing units are market rate units that are exempt from local rent control laws and, therefore, do not improve local housing’s affordability; and WHEREAS, despite the claims of developers, simply increasing the supply of housing has not resulted in lower market rents; and
WHEREAS, rental rates continue to increase even as the market-rate housing supply grows; and

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WHEREAS, as rent-controlled units continue to be withdrawn from the rental market through the Ellis process and demolished and replaced with exempt units, the balance continues to shift toward fewer controlled units; and WHEREAS, state laws have led to a two-tiered system in which some tenants enjoy protections from large, unpredictable rent increases while others’ rents are limited only by a one-size-fits-all state law with no local enforcement mechanism; and WHEREAS, requiring the registration of all rental units could assist the City in a greater understanding of the scope of the affordable housing crisis in Santa Monica and in determining more effective ways to mitigate its impact, an impact that is driving housing instability, displacement, and greater numbers of the unhoused population; and
WHEREAS, in light of the foregoing recitals, the Santa Monica Rent Control Board has recommended that Article XXIII of the City Charter be amended to add new Section 2304.5 to require the registration of all Nonrentcontrolled Rental Units; and WHEREAS, the City Council has considered and approved the Board’s recommendation because this amendment is in the public interest because it would provide greater transparency about rental and occupancy rates for all rental units and would strengthen tenant protections from unnecessary displacements; 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

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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:

PROPOSITION " ": Shall the City Charter be
amended to add new Section 2304.5 to Article
XXIII of the City Charter to require the registration
of all Nonrentcontrolled Rental Units?

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 the measure, which shall not exceed 500 words in length. The impartial analysis for the measure shall be filed by the date set by the City Clerk for the

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filing of primary arguments. In 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 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:

Registration of Nonrentcontrolled Rental Units (Exhibit 1):

FOR: _____________________________________________
AGAINST: _____________________________________________
All written arguments filed by any person in favor of or against the 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 rebuttals, to be mailed to all qualified voters with the sample ballots. 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)

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days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in the 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 properly conduct the election.

SECTION 7. The provisions of Resolution Numbers 11425 (CCS) and 11426 (CCS) are referred to and incorporated into this resolution for more particulars concerning the conduct of 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 SLOAN
City Attorney

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Exhibit 1
New section 2304.5 shall be added to Article XXIII of the City Charter to read as follows:
2304.5 Registration of Nonrentcontrolled Rental Units
(a) Registration required. Upon issuance by the City of Santa Monica of a valid written Rent Registration certificate, as set forth in this Section 2304.5, no Landlord shall demand or accept Rent for a Nonrentcontrolled Rental Unit (NRU) without first serving on the Tenant, or displaying in a conspicuous place, such Rent Registration certificate.
(b) Registration Process.
(1) A Landlord shall provide Rent amount and Tenancy information for every Rental unit on a Rent Registration form provided by the City. The Rent Registration form shall be submitted on a date to be determined by the City and on that date each year thereafter. Registration is complete only when all of the following information is provided: ownership information; property information; year built and certificate of occupancy date; number of bedrooms and bathrooms for each NRU; the amount of Rent in effect at the time of registration; a description of housing services; water/utility metering status of the unit; and the property vacancy rate. If any NRU has been vacant for more than 30 days, the Landlord shall provide the date of vacancy and whether the vacancy is due to a buyout agreement.
(2) Every NRU Rent Registration certificate shall be updated annually, as required by Section 2304.5(b)(1), upon a new tenancy, or when there are changes in housing services.
(3) If an NRU is vacant for more than 30 days, the Landlord shall provide a certification to the City of the duration of the vacancy, and that the NRU shall be secured against unauthorized entry.
(4) For every property for which a Landlord is required to procure a Rent Registration certificate pursuant to this section, the Landlord shall post a notice in a form provided by the City, providing information about this Subchapter 2304.5 and City contact information. Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice.

If there is no common area or similar location, this requirement may be

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satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City. (c) Notice of Rent information deficiencies and opportunity to cure; Appeals; and Final Administrative Decision.
(1) The City shall provide written notification to the Landlord of a failure to comply with this section and allow fifteen (15) calendar days to respond. The City shall not issue a Rent Registration certificate for the NRU until the Landlord has substantially complied by providing the rental information as required by this section.
(2) Any Landlord disputing the City’s notification of deficient registration may file a written appeal with the City Manager or designee within ten (10) calendar days of the date of the notice of deficiency. The City Manager or designee shall provide a written notice within thirty (30) calendar days of its appeal decision, which shall be a final administrative decision.
(d) Registration fee.
(1) A fee for the registration of NRU’s may be established by resolution of the City Council. Such fees are intended to recover the City’s reasonable costs associated with the administration and enforcement of this section.
(2) A Landlord may pass through to the Tenant fifty percent (50%) of the annual fee for the registration of the Tenant’s NRU (the pass-through fee) if such Tenant continuously occupied the NRU during the period covered by the completed registration. The City may establish applicable conditions and procedures governing the pass-through. The pass-through fee is not considered Rent and should appear as a separate line item on the Rent statement. A Landlord may collect a maximum of one-twelfth (1/12) of the pass-through fee per month.

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City Council Meeting: July 12, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 4.25:

REGISTRATION OF NONRENTCONTROLLED RENTAL UNITS
WHEREAS, the State is experiencing a severe housing crisis that is driving the cost of living beyond the reach of an increasing share of the population; and WHEREAS, the City has long been committed to ensuring that Santa Monica is an inclusive and affordable community despite mounting market pressures; and WHEREAS, through discussions that occurred as part of the adoption process for the City’s major policy documents, including the Land Use and Circulation Element (“LUCE”) of the City’s General Plan in 2010, the current Housing Element in 2013, the City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) in 2015, and the Downtown Community Plan in 2017, and recent amendments to the City’s Affordable Housing Production Program, the City has identified the need for a variety of housing types to serve all household sizes at all income levels; and
WHEREAS, with approximately 75% of its residents in rental housing, the City has maintained a long-standing commitment to protecting tenants and existing rental housing stock; and

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WHEREAS, increased demand for rental housing in the City, combined with rising housing costs across the City and the State, have made it increasingly difficult for those who live and work in Santa Monica to find rental housing that is available, affordable, and meets their needs; and
WHEREAS, Article XVIII of the City Charter, the City’s Rent Control Law, was first adopted in 1979; and
WHEREAS, State restrictions on a local government’s ability to regulate rents across tenancies or to apply rent control to buildings built after the adoption of a local law have substantially hobbled local entities’ efforts to ameliorate the worsening affordable housing crisis; and
WHEREAS, as rent-controlled units continue to be withdrawn from the rental market through the Ellis process and demolished and replaced with exempt units, the balance continues to shift toward fewer controlled units; and WHEREAS, as a result, most rental housing units in the City are exempt from the protections of the City’s Rent Control Law, and, therefore, do not improve the City’s housing’s affordability; and
WHEREAS, rental rates for market rate rental housing units within the City continue to increase even as the market-rate housing supply grows; and WHEREAS, Article XXIII of the Santa Monica City Charter, Housing Policies, provides, among other things, eviction protections for tenants living in rental housing units that are not subject to the City’s Rent Control Law (“Nonrentcontrolled Rental Units”); and

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WHEREAS, Santa Monica Charter Section 2305 authorizes the City Council to adopt ordinances, resolutions or regulations, and create any administrative mechanisms it deems necessary, to implement and effectuate the provisions of Article XXIII; and WHEREAS, requiring the registration of all Noncontrolled Rental Units could assist the City in a greater understanding of the scope of the affordable housing crisis in the City and in determining more effective ways to mitigate its impact, an impact that is driving housing instability, displacement, and greater numbers of the unhoused population; and
WHEREAS, the City Council finds and declares that requiring registration of Nonrentcontrolled Rental Units will: allow the City to gauge the effectiveness of the Article XXIII and to aid in enforcement of the tenant protections set forth therein; assist City officials in monitoring and mitigating the affordable housing crisis and ensure that the tenant protections in the City Charter are followed; better inform tenants of Nonrentcontrolled Rental Units as to their rights; and provide greater transparency about rental and occupancy rates for all rental units.

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

SECTION 1. Santa Monica Municipal Code Chapter 4.25 is hereby added to read as follows:

Chapter 4.25 Registration of Nonrentcontrolled Units

4.25.010 Purpose.

The Council finds and declares that requiring the registration of rental housing units not subject to the provisions of Article XVIII of the Santa Monica City Charter, the

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City’s Rent Control Law, will assist City officials in monitoring and mitigating the affordable housing crisis and ensure that the tenant protections in Article XXIII, Housing Policies, of the Santa Monica City Charter are followed; gauge the effectiveness of the Article XXIII and to aid in enforcement of the tenant protections set forth therein; ensure that tenants are better informed as to their rights under Article XXIII, and to obtain greater transparency about rental and occupancy rates for all rental units.

4.25.020 Definitions.

For purposes of this Chapter, the following words or phrases shall have the same meanings as set forth in Charter Section 2302 as follows:
(a) “Landlord” means an owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.
(b) “Nonrentcontrolled Units” or “NRUs” means All residential rental units in the City of Santa Monica except those units that are subject to rent control pursuant to Article XVIII of this Charter or are single-family homes. (c) “Rent” means all periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning. (d) “Rental Housing Agreement” means An agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services.

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(e) “Rental Units” means any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for living or dwelling house units, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant.
(f) “Tenant” means a tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit.
(g) “Property” means all rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.
(h) “Single-Family Home” means a property that has been developed with only one dwelling and any lawful accessory structures, or a lawfully created condominium, stock cooperative or similar unit that is part of a larger residential structure or complex.

4.25.030 Exemptions
(a) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than fourteen (14) days.
(b) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for seniors, or dormitory owned and operated by an institution of higher education.
(c) Rental units which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable

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Federal or State law or administrative regulation specially exempt such units from municipal control.
(d) Where a unit is actually used for purposes of providing, on a nonprofit basis, child care of other residential social services in accordance with applicable laws.

This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant. This exemption shall not be construed to authorize the eviction of any tenant. The City may adopt regulations to determine whether a unit qualifies for an exemption under this Section.

4.25.040 Registration required
Upon issuance by the City of Santa Monica of a valid written Rent Registration certificate, as set forth in this Chapter 4.25, no Landlord shall demand or accept Rent for a Nonrentcontrolled Rental Unit (NRU) without first serving on the Tenant, or displaying in a conspicuous place, such Rent Registration certificate.

4.25.050 Registration Process
(a) A Landlord shall provide Rent amount and Tenancy information for every Rental unit on a Rent Registration form provided by the City. The Rent Registration form shall be submitted on a date to be determined by the City and on that date each year thereafter. Registration is complete only when all of the following information is provided: ownership information; property information; year built and certificate of occupancy date; number of bedrooms and bathrooms for each NRU; the amount of Rent in effect at the time of registration; a description of housing services; water/utility metering status of the unit; and the property vacancy rate. If any NRU has been vacant

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for more than 30 days, the Landlord shall provide the date of vacancy and whether the vacancy is due to a buyout agreement.
(b) Every NRU Rent Registration certificate shall be updated annually, as required by paragraph (a), above, upon a new tenancy, or when there are changes in housing services.
(c) If an NRU is vacant for more than 30 days, the Landlord shall provide a certification to the City of the duration of the vacancy, and that the NRU shall be secured against unauthorized entry
(d) For every property for which a Landlord is required to procure a Rent Registration certificate pursuant to this section, the Landlord shall post a notice in a form provided by the City, providing information about this Subchapter 2304.5 and City contact information. Notices must be posted in a conspicuous location in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice. If there is no common area or similar location, this requirement may be satisfied by mailing the notice to each Tenant of the building, by certified mail, return receipt requested. The notice shall be written in English and Spanish, and in any other languages as required by the City.

4.25.060 Notice of Rent information deficiencies and opportunity to cure; Appeals; and Final Administrative Decision
(a) The City shall provide written notification to the Landlord of a failure to comply with this section and allow fifteen (15) calendar days to respond. The City shall

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not issue a Rent Registration certificate for the NRU until the Landlord has substantially complied by providing the rental information as required by this section. (b) Any Landlord disputing the City’s notification of deficient registration may file a written appeal with the City Manager or designee within ten (10) calendar days of the date of the notice of deficiency. The City Manager or designee shall provide a written notice within thirty (30) calendar days of its appeal decision, which shall be a final administrative decision.

4.25.070 Registration fee
(a) A fee for the registration of NRU’s may be established by resolution of the City Council. Such fees are intended to recover the City’s reasonable costs associated with the administration and enforcement of this section. (b) A Landlord may pass through to the Tenant fifty percent (50%) of the annual fee for the registration of the Tenant’s NRU (the pass-through fee) if such Tenant continuously occupied the NRU during the period covered by the completed registration. The City may establish applicable conditions and procedures governing the pass-through. The pass-through fee is not considered Rent and should appear as a separate line item on the Rent statement. A Landlord may collect a maximum of onetwelfth (1/12) of the pass-through fee per month.

4.25.080 Administrative Regulations
The City Manager or designee may promulgate administrative regulations to implement the provisions of this Chapter, including, but not limited to, regulations related to additional annual registration reporting procedures and reporting requirements. No person shall fail to comply with any such regulations.

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SECTION 2. Any provision of the 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, 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. 308 Attachment: RC-ExB-Ordinance (5228 : Rent Control Ballot Measures) City Council Meeting: July 12, 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 ARTICLE XVIII OF THE

CITY CHARTER TO REVISE REQUIREMENTS FOR OWNERS TO EVICT TENANTS

FOR OWNER-OCCUPANCY, REVISE ELECTION PROCEDURES, REVISE

COMMISSIONER TERM LIMITS, AND PROVIDE THE RENT CONTROL BOARD

WITH AUTHORITY TO FREEZE RENTS DURING A DECLARED EMERGENCY, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2022, AND AUTHORIZING CITY COUNCILMEMBERS TO FILE WRITTEN

ARGUMENTS FOR OR AGAINST THE MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE.

WHEREAS, the City’s Rental Control Law (Article XVIII of the City Charter, also referenced as “RCCA”) prohibits evictions of tenants except as enumerated in the law; and
WHEREAS, owners or qualified relatives who wish to move into their units and reside there permanently may evict current tenants to do so, but only if they meet the requirements set forth in the RCCA; and
WHEREAS, one of those requirements is that the owner or relative “intend in good faith to move into the unit within thirty (30) days after the tenant vacates and to occupy the unit as a primary residence for at least one year”; and WHEREAS, the Rent Control Board has heard input from the public on the feasibility of requiring owners or their qualified relatives to intend to occupy the unit for at least three years, instead of one year, upon evicting an existing tenant; and

11.B.c
Packet Pg. 309 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) WHEREAS, the purpose of placing both a requirement to occupy the unit within a certain time frame and a good faith intent to live there for a certain period is to ensure that the eviction is not used as a pretext for the owner to rent the unit to a new tenant paying market rates; and
WHEREAS, in light of the foregoing recitals, the Santa Monica Rent Control Board has recommended that the City Charter be amended to modify Article XVIII, Section 1806(a)(8)(iv) and (v) to require that an owner intend to occupy a unit for at least three years instead of one year before evicting a tenant of the City Charter, and occupy the unit within sixty (60) days of vacancy; and
WHEREAS, RCCA Section 1803(e), Term of Office, states “Commissioners shall serve a maximum of two full terms”; and
WHEREAS, Article VI, Section 600 of the City Charter allows councilmembers to serve up to three terms; and
WHEREAS, for both the Rent Control Board and the City Council, terms are four years; and
WHEREAS, the City Charter also states that term limits apply to appointed terms as well as elected terms; and
WHEREAS, the RCCA does not specify whether appointed terms count toward the term limits; and
WHEREAS, in order to align with the City Charter and to have greater efficiency and cost reductions in the administration of elections, the Board has proposed that the RCCA be amended as follows:

Section 1803(e) TERM OF OFFICE: Commissioners shall serve a maximum of two three full terms. These term limits shall not apply to appointed terms, only elected terms.

11.B.c
Packet Pg. 310 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) WHEREAS, currently, the RCCA requires that an election be held even if there are only as many candidates as open Board positions; and WHEREAS, the Rent Control Board has proposed an amendment to the RCCA that an election is not necessary when the number of qualified candidates does not exceed the open positions. To accomplish this, Section 1803(d) could be amended as follows:

Section 1803(d) ELECTION OF COMMISSIONERS: Commissioners shall be elected at general municipal elections in the same manner as set forth in Article XIV of the Santa Monica Charter, except that the first Commissioners shall be elected at a special municipal election held within ninety (90) days of the adoption of this Article. The elected Commissioners shall take office on the first Tuesday following their election. If, upon the City Clerk’s determination of the qualified candidates, the number of candidates does not exceed the number of vacant positions, no election will be held and the qualified candidates shall be seated upon swearing in by the City Clerk.

WHEREAS, the Rent Control Board derives its authority solely from the language of the Charter; and
WHEREAS, administrative bodies, such as the Board, do not have general police powers and cannot act in a way that contravenes the instrument from which they were created; and
WHEREAS, the Rent Control Board, unlike the Governor, a city, or a county, has not been granted emergency powers; and
WHEREAS, the Board is not the governing body of the City of Santa Monica, and for that reason has no emergency powers under the Emergency Services Act nor does any other state law grant emergency powers to a municipal administrative agency; and

11.B.c
Packet Pg. 311 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) WHEREAS, the Rent Control Board’s emergency powers, if any exist, must be found in the statute that created it, the City Charter; and WHEREAS, due to the global pandemic due to COVID-19 has caused unprecedented hardships, disruptions and long-term impacts that continue to affect Santa Monica’s residents; and
WHEREAS, while there has been some relief in the form of an eviction moratorium, rental assistance and other efforts to prevent displacement, those programs are winding down while the pandemic’s impacts continue to be felt; and WHEREAS, inflation rates continue to spike and rising costs are hampering residents’ ability to recover from the loss of income and unexpected expenses that many experienced during the pandemic’s first two years; and WHEREAS, COVID-19 cases are increasing even as mitigation measures, such as masking and social distancing, are no longer required; and WHEREAS, other rent stabilization jurisdictions have been able to adjust to these conditions by implementing temporary freezes on rent increases for controlled units; and
WHEREAS, because these jurisdictions are not Charter cities, they have the flexibility to enact measures through ordinance changes passed by the governing body; and
WHEREAS, by contrast, changes to Santa Monica’s Charter can only be accomplished by a vote of the citizens of Santa Monica; and WHEREAS, the Rent Control Board has proposed an amendment that would give the Rent Control Board the discretion to respond to future public health

11.B.c
Packet Pg. 312 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) emergencies by suspending otherwise-allowed annual general adjustments if such a suspension is necessary to protect the public’s health and safety; and WHEREAS, the proposed amendment is not a blank check; this authority could only be utilized during a declared state of emergency; and WHEREAS, the Board would also be required to make findings that the public’s health and safety is at risk and that implementing a rent increase freeze, or modifying the otherwise-allowed increase, would mitigate the risks of displacement and the attendant public health harms; and
WHEREAS, an owner would still be able to petition for a rent increase if the inability to impose the general adjustment would prevent the owner from obtaining a fair and reasonable return; and
WHEREAS, the Rent Control Board has proposed language for the Board to deny or modify rent increases during states of emergency:

WHEREAS, the City Council has considered and approved the Board’s recommendation because these amendments are in the public interest because they would strengthen tenant protections from unnecessary displacements; would streamline

11.B.c
Packet Pg. 313 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) elections to improve governmental functions; and would provide protections to tenants during a declared state of emergency; 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:

PROPOSITION " ": Shall the City Charter be
amended to give the Rent Control Board
discretion to adjust or suspend the annual
general adjustment in times of declared
emergencies, to require that an owner
intend to occupy a unit for at least three
years before evicting a tenant, to allow
Commissioners to be elected to three
terms, and to not require an election if the
number of qualified candidates does not
exceed the number of open Board
positions?

Yes
_________
No

11.B.c
Packet Pg. 314 Attachment: RC-ExC-Resolution Art XVIII (5228 : Rent Control Ballot Measures) 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.

Santa Monica City CouncilJuly 12, 2022

Santa Monica City Council
July 12, 2022