Santa Monica City Council
November 15, 2022

City of Santa Monica
City Council Meeting
AGENDA

SUE HIMMELRICH
MAYOR

LANA NEGRETE CHRISTINE PARRA

COUNCILMEMBER COUNCILMEMBER

GLEAM DAVIS PHIL BROCK

COUNCILMEMBER COUNCILMEMBER

KRISTIN MCCOWAN OSCAR DE LA TORRE

MAYOR PRO TEM 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: 11/17/2022 11:28 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11427(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

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

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

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

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

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

3. Closed Session.

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

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

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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

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

City of Santa Monica Generated: 11/17/2022 11:28 AM Page 3

AGENDAS

CITY OF SANTA MONICA

SPECIAL MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, NOVEMBER 15, 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
(This is a special City Council meeting. Public comment is restricted to only items listed on the agenda.)

1. PUBLIC INPUT (NON-AGENDA ITEMS)
. Public input under this item will not be heard at this meeting. This is a special meeting and public input is limited to agenda items only.

2. PUBLIC INPUT (AGENDA ITEMS UNDER 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 Gov. Code Section 54956.9(d)(1): James Anthony Humphrey v. City of Santa Monica, et al., Case No. 21-cv-06812

3.B. Conference with Labor Negotiator: Government Code Section 54957.6 -- Agency Designated Representatives: City Manager David White, Chief People Officer Lori Gentles, and Human Resources Manager Robert Scalise; Bargaining Units: FEMA-Santa Monica Fire Executive Management Association.

City of Santa Monica Generated: 11/17/2022 11:28 AM Page 4

3.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027

3.D. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835

3.E. Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (Police Officers Association v. City).
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

4. SPECIAL AGENDA ITEMS

4.A. Commendations: Supervisor Sheila Kuehl & Assemblymember Richard Bloom

THE FOLLOWING IS THE ORDER OF BUSINESS FOR ITEMS TO BE HEARD NO EARLIER THAN 7:00 P.M.

4.B. City Manager Report

4.C. Proclamation for United Against Hate Week - New Item Received 11/14/2022

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

5.A. Authorization of Contract Modification for Citywide Custodial Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement #10534 in the amount of $2,240,069 with UNISERVE Facilities Services Corp., for custodial services for various City locations. This would result in a 7-year amended agreement through April 30, 2024 City of Santa Monica Generated: 11/17/2022 11:28 AM Page 5 with a new total amount not to exceed $9,953,390 with future year funding contingent on Council budget approval.

5.B. Adoption of Resolution Making 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 Force.

5.C. Award RFP #SP2666 to DRP Engineering, Inc. for the design of Water and Wastewater replacement project
Recommended Action
Staff recommends that the City Council:

1. Award RFP #SP2666 to DRP Engineering, Inc., to provide engineering design services, develop construction documents, and provide engineering support during the construction of the water, wastewater and recycled water main projects for fiscal years 2022-23 through 2026-27 for the Public Works Department.

2. Authorize the City Manager to negotiate and execute an agreement with DRP Engineering, Inc., in an amount not to exceed $1,322,991 (including $120,271 contingency) for two years, with three additional one-year renewal options in the amount of $2,136,503 (including $194,227 Contingency) on the same terms and conditions for a total amount not to exceed $3,459,494 over a 5-year period with future year funding contingent on Council budget approval.

3. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines. The project consists of replacement or reconstruction of existing water and sewer main facilities where the new replacement will be in the same locations and will have substantially the same purpose as the structures replaced.

5.D. Authorize the Procurement Manager to issue purchase orders for the purchase of various replacement vehicles
Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to issue a purchase order with Tennant Company for the purchase of six scrubbers for the Public Works Department.

This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $936,260;

2. Authorize the Procurement Manager to issue a purchase order with NixonEgli Equipment Co. for the purchase of one DZero Plus Electric Sidewalk Sweeper 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 a total amount not to exceed $385,032; City of Santa Monica Generated: 11/17/2022 11:28 AM Page 6

3. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group for the purchase of one bin truck for the Public Works Department and two sports utility vehicles (SUVs) for the Records and Election Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $188,557; and

4. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Centers (DBA Velocity) for the purchase of two front loader trucks 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 a total amount not to exceed $991,110.

5.E. Award RFP for Landfill Trash Disposal Services to Arakelian Enterprises, Inc., dba Athens Services and Chiquita Canyon, LLC
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 313 to Arakelian Enterprises, Inc. dba Athens Services for landfill trash disposal services for the Public Works Department;

2. Award RFP# 313 to Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC for landfill trash disposal services for the Public Works Department;

3. Authorize the City Manager to negotiate and execute an agreement with Arakelian Enterprises, Inc., dba Athens Services, in an amount not to exceed $3,279,863 (including a 15% contingency) for two years, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to negotiate and execute an agreement with Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC, in an amount not to exceed $4,575,489 (including a 20% contingency) for two years, with three additional one-year renewal options in the amount of $7,320,783 on the same terms and conditions for a total amount not to exceed $11,896,272 over a five-year period, with future year funding contingent on Council budget approval.

5. Staff recommends the Council adopt a finding of Categorical Exemption pursuant to Section15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines.

5.F. Annual Reporting of Development Impact Fees
Recommended Action
Staff recommends that the City Council review and accept the FY 2021-22 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2021-22 Child Care Linkage Fee Report per SMMC Chapter 9.65.

5.G. Approval of 1st Modification of Agreement #4957 with Flying Lion for Drone as a First Responder Program
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #4957 in the amount of $136,000 with City of Santa Monica Generated: 11/17/2022 11:28 AM Page 7 Flying Lion Incorporated (FLI) to provide air support services for the Police Department. This will result in a two-year amended agreement with a new total amount not to exceed $181,000, with future year funding contingent on Council budget approval.

5.H. Approval of First Modification to Alta Planning and Design Professional Services Agreement for Program Services for the Active Aging-Safe Routes for Seniors Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement (PSA) #10949 (CCS) with Alta Planning and Design for the continuation of Program Services for the Active Aging-Safe Routes for Seniors Project for the Department of Transportation. This will result in a one-year amended agreement with a new total amount not to exceed $378,127, with future year funding contingent on Council budget approval.

5.I. Authorization to accept Grant from the California Office of Traffic Safety for the Selective Traffic Enforcement Program
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $290,000 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program in the Police Department.

2. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals.

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

5.J. Award RFP to provide professional services to assist Los Angeles Area Fire Chief’s Association Regional Training Group Fire Service Training Officer hosted by Santa Monica Fire
Recommended Action
Staff recommends that the City Council:

1. Award RFP #325 for professional services to Fire Resources LLC, to assist Los Angeles Area Fire Chief’s Association Regional Training Group hosted by Santa Monica Fire Department; and

2. Authorize the City Manager to negotiate and execute a professional service agreement with Fire Resources LLC, in an amount not to exceed $370,000 for a twenty-four month period, with future year funding contingent on Council budget approval and state homeland security grant funding.

5.K. City Council - Special Meeting - May 5, 2020 3:00 PM

5.L. City Council - Regular Meeting - May 12, 2020 5:30 PM

5.M. City Council - Regular Meeting - May 26, 2020 5:30 PM City of Santa Monica Generated: 11/17/2022 11:28 AM Page 8

5.N. City Council - Special Meeting - Nov 1, 2022 6:00 PM

5.O. City Council - Special Meeting - Sep 29, 2020 5:30 PM - New Item Received 11/14/2022

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input on the Continued Items listed on this agenda under 8-Item were heard at the 10/25/2022 meeting and is now closed. No additional public comment will be heard on these items.

7. STUDY SESSION
No items

8. CONTINUED ITEMS

8.A. Adoption of a Resolution Declaring Intention to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program and related categorical exemptions. (Continued from October 25, 2022) Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines in accordance with the Environmental Review section of this report; and

2. Adopt the attached Resolution of Intent declaring the Council’s intent to hold a public hearing on December 13, 2022 to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-ofhome advertising kiosk network for a 20-year term, per the terms and conditions stated in the resolution.

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Section 4.08.095, Prohibition Against Camping in Public Spaces, to Clarify: (1) the Applicability of the Section’s Prohibitions; and (2) the Definition of “Camp Facility”
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

City of Santa Monica Generated: 11/17/2022 11:28 AM Page 9

2. Introduce for adoption an Emergency Ordinance amending Santa Monica Municipal Code Section 4.08.095, Prohibition against camping in public spaces (“Section 4.08.095”), to clarify: (1) the applicability of the section’s prohibitions in line with recent case law; and (2) the definition of “Camp Facility.”

10.B. Zero Emission Delivery Zone Pilot Program Lessons Learned; Introduction of First Reading of an Ordinance amending Santa Monica Municipal Code Section 3.12.1055 to Authorize the Use of Remote-Controlled Robotic Personal Delivery Devices; Adoption of an Emergency Ordinance to Extend the Moratorium on the Operation of Autonomous Robotic Delivery Devices through January 30, 2023, and Authorize the City Manager to Negotiate and Execute a Contract Extension with Automotus to continue Curb Management Services
Recommended Action
Staff recommends that the City Council:

1. Introduce for first reading an ordinance amending Santa Monica Municipal Code Section 3.12.1055 to authorize the operation of remote-controlled personal delivery devices (PDDs) and prohibit the operation of autonomous delivery devices; and

2. Adopt an emergency ordinance extending the moratorium prohibiting the operation of autonomous delivery devices through January 30, 2023;

3. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

4. Authorize the City Manager to execute a second modification to the agreement with Automotus to extend an existing license agreement and software as a service (SaaS) agreement through December 31, 2024, to allow for continued study of curb management via Automotus curbside cameras. There are no costs associated with this agreement.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS

13.A. Request of the Public Safety Reform and Oversight Commission to Receive and Review the Reports Provided by the Public Safety Reform and Oversight Commission
Recommended Action
The Public Safety Reform and Oversight Commission has prepared a series of reports and recommendations concerning public safety in Santa Monica, most recently focused on complaint investigations and the status of the Santa Monica City of Santa Monica Generated: 11/17/2022 11:28 AM Page 10 Police Department’s implementations of the reforms recommended by the OIR Group following their in-depth after action report concerning the events of May 31, 2020. Staff recommends that the City Council receive and review the reports provided by the Public Safety Reform and Oversight Commission.

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Airport Commission for a term ending on 6/30/2024.

16.B. Request of Councilmembers Negrete, Parra, and Brock that the City Manager develop and return to City Council with recommendations for a Poet Laureate program for the City of Santa Monica. The program and recommendations shall be developed in collaboration with the Library Board and Arts Commission.

16.C. Designation of a voting delegate for the National League of Cities Annual Business Meeting being held on Saturday, November 19 in Kansas City, MO

16.D. Request of Councilmember Davis that the City Council direct the City Manager to contact the head of each Neighborhood Organization and Business Improvement District listed on the City's website and ask if the organization or its Board of Directors (acting as a Board) will refrain from endorsing or opposing candidates or measures in any future election. If the Neighborhood Organization or Business Improvement District will not make that commitment, then the City Manager is authorized and directed to remove that Neighborhood Organization or Business Improvement District from any listing of such organizations on the City's website and to remove any hyperlinks to the organization’s website. In addition, the City Attorney and City Manager are directed to draft a policy that states as a condition of receiving City funding any Neighborhood Organization or Business Improvement District that makes campaign endorsements must provide a disclaimer on any written campaign endorsement materials stating no public funds are used for campaign purposes and views of the organization do not necessarily reflect the views of the City of Santa Monica or any of its officials.

16.E. Request of Councilmembers Parra, Brock and de la Torre to direct the City Manager to evaluate the impacts and feasibility of changing the Santa Monica Housing Authority Payment Standard basis to Small Area Fair Market Rate and increasing select zip code/unit size categories to 120% SAFMR to mitigate negative impacts as recommended by the Housing Commission by midDecember.

City of Santa Monica Generated: 11/17/2022 11:28 AM Page 11

16.F. Request of Mayor Himmelrich for the Council to adopt the attached Statement of Apology to African American Residents and their Descendants and direct the City Manager to commit to programs, policies, and investments that can educate the public about this history of discrimination and its ongoing consequences, and to ferreting out and overturning systemically racist policies to ensure that the pain caused by several decades of racial injustice and discrimination against blacks and other people of color is mitigated to the extent possible. Mayor Himmelrich further requests Council to direct the City Manager to post this apology on the City’s website and in a public location within the City.

16.G. Request of Councilmembers Brock and Parra that the City Council allocate $5,000 of their Discretionary Funds to the Samohi Wrestling Program, a 501 (c) (3). The funding will be used to offset costs related to transportation, tournament fees, lodging for out of town tournaments and equipment, thereby allowing all students on the team to participate in all activities for the season.

16.H. Recommendation to accept Jeff Swimmer's resignation from the Arts Commission and authorize the City Clerk to publish the vacancy. - New Item Received 11/14/2022

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 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: November 15, 2022
Agenda Item: 3.D
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1- 4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v.

Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v.

Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835 Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council

3.D
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City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 3.E
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (Police Officers Association v. City).

Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:

A. 2022.09.20 Letter to City Attorney
B. Written Comment

3.E
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16130 Ventura Boulevard │ Suite 600 │Encino, CA 91436│ T 747.221.7100 │ F 747.221.7101 ENCINO | FRESNO | LOS ANGELES | ONTARIO | PLEASANT HILL | SACRAMENTO SAN FRANCISCO | SANTA MONICA | SANTA ROSA | TRUCKEE
www.RLSlawyers.com
Elizabeth Silver Tourgeman
Attorney at Law
[email protected]
September 20, 2022
VIA ELECTRONIC MAIL [[email protected]] & FIRST CLASS MAIL Douglas T. Sloan, City Attorney
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Public Safety and Reform Oversight Commission - Final Notice to Remove Commissioners Who Fail to Meet Minimum Qualifications
Dear Mr. Sloan:

I am writing on behalf of the Police Officer’ Association (“POA”) to follow up on a letter dated July 20, 2022 to Lisa Parsons requesting a detailed accounting of each Commissioner’s training and the dates on which it was attended to ensure proper compliance with the Municipal Code and the Settlement Agreement between the POA and the City of Santa Monica related thereto. Specifically, as you are aware, each Commissioner must have attended the training set forth in Municipal Code Section 2.50.020(f) by May 31, 2022 or they shall be removed from the Commission.

Section 2.50.020(f) provides:

Within six months of appointment, each commissioner shall participate in training relevant to providing oversight of law enforcement and to the understanding of racial justice. Such training shall include participation in the SMPD Community Academy; a training session of two hours or less presented by the SMPOA that will address topics including the rights of police officers under the Police Officers Bill of Rights; and reasonable additional required training as identified by the Commission, which may include programs offered by the National Association of Civilian Oversight of Law Enforcement, the Association of Local Government Auditors, entities with experience providing racial justice training, or other similar bodies.

The Commissioners initially appointed to the Commission shall have until May 31, 2022 to complete the required training. Failure to complete required training will result in removal from the Commission. (Added by Ord. 2662CCS, adopted 1/26/21; amended by Ord. 2686CSS § 2, adopted 1/11/22)

3.E.a
Packet Pg. 14
Attachment: 2022.09.20 Letter to City Attorney (5484 : POA closed session) Douglas T. Sloan
Re: Public Safety and Reform Oversight Commission
September 20, 2022

In response to the aforementioned July 20th request, we received an accounting of the approved training by the Commission that must be completed by each Commissioner in order to ensure compliance with the Settlement Agreement between the City of Santa Monica and the Police Officers’ Association and the above quoted Municipal Code. Pursuant to the City’s records, three Commissioners did not meet the training requirements and must be removed immediately from the Commission in order to avoid a direct violation of the City’s own laws.

1. Jaime Cruz: Pico Neighborhood Partnership; youth advocate: According to the City’s records of the Final Commission Academy Attendance, Commissioner Jamie Cruz was absent from the May 19th Internal Affairs/POBR Training and the May 25th Traffic Stops Practical Training.

2. Miranda McLaughlin-Basseri (young adult): Santa Monica College student; External Vice President, SMC honor society: Commissioner McLaughlin-Basseri did not attend any of the May 19th training sessions (Investigations, Misdemeanor Filing, or Internal Affairs/POBR).

3. Angela Scott: Former Arts Commissioner; Public Safety Reform Advisory Committee; Santa Monica Black Agenda; Committee for Racial Justice:

Commissioner Scott did not attend the May 25th training (Use of Force, CNT/Mobile Field Force, Traffic Stops Classroom, or Traffic Stops Practical). Interestingly, Commissioner Scott requested accommodations under the Americans with Disabilities Act seeking virtual training. Despite the fact that she does not qualify under the law for ADA accommodations as a part-time Commissioner, the Department nevertheless worked directly with City employees assigned to Risk Management to notify her in advance that it would be able to accommodate her with outdoor training sessions, masks and social distancing. She refused to attend yet has been known to voluntarily attend other outdoor events of her choosing during that same time frame with and without a mask.

Based on the above, the City is being formally notified that it has two weeks from the date of this letter to provide additional supporting documentation to ensure the aforementioned three Commissioners are entitled to remain on the PSROC and that they met the minimum qualifications within the parameters mandated by the Code. If the City is unable to produce such evidence, it must immediately disqualify Commissioners Cruz, McLaughlin-Basseri and Scott.

Alternatively, we will seek action in an alternative legal forum.

3.E.a
Packet Pg. 15
Attachment: 2022.09.20 Letter to City Attorney (5484 : POA closed session) Douglas T. Sloan
Re: Public Safety and Reform Oversight Commission
September 20, 2022

The impetus for the training requirement was to ensure that the actions and authority of the Commission as agreed to by the POA is allowed only with the training necessary to ensure such actions are done with the knowledge base of critical information. It is extremely disappointing that the City is willing to let the training requirement remain unfulfilled without any corresponding limitation on the Commission’s power. It should be clear that any actions taken by the Commission in violation of the training requirement shall be deemed null and void.

Thank you in advance for your prompt attention to this serious matter.

Very truly yours,

RAINS LUCIA STERN
ST. PHALLE & SILVER, PC
/s/ Elizabeth Silver Tourgeman
Elizabeth Silver Tourgeman
EST:cg
cc: Gerardo Leyva

3.E.a
Packet Pg. 16
Attachment: 2022.09.20 Letter to City Attorney (5484 : POA closed session) 1 Vernice Hankins
From: Joanne Berlin <[email protected]>
Sent: Tuesday, November 15, 2022 8:56 AM
To: councilmtgitems
Subject: Input for item 3E on the 11/15/22 City Council Agenda

EXTERNAL
Dear Santa Monica City Council Members ,
Once again the SMPOA is attempting to undercut the effectiveness of the SMPSROC by their current threat of a lawsuit which would demand the removal of 3 reform oriented commissioners from the Santa Monica Public Safety Reform and Oversight Commission, ostensibly over absences from required training to be a commissioner (the result of a settlement reached with the Santa Monica Police Officers Association in reaction to their initial lawsuit threat during the formation of the PSROC). It is disturbing to see this organization, which serves as a union for police officers, using this threat of a lawsuit to sway the votes of the Council on a matter of membership.

To my knowledge, the police department has not made good faith attempts to accommodate the issues that prevented these commissioners from attending all of the mandated meetings. All 3 did attend the POA presented one in person at VAP, which was actually after the May 31st deadline. All 3 are willing to make up those sessions, but have not been offered any times to do so.

I urge you to not allow them to extend their political power in our city by further expanding their influence over this commission which was conceived as civilian oversight for police. It is unseemly for them to demand the removal of concerned citizens who are doing their best to help Santa Monica reimagine and have some oversight of our police department. I’m asking you to not be intimidated by their threatened lawsuit. Exercise your own power to help broker a better way forward.

Thank you for considering community input,
Joanne Berlin
Coordinator for the Committee For Racial Justice
Concerned member of the Santa Monica community since 1996 Item 3.E
11/15/22
1 of 2 Item 3.E
11/15/22

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Attachment: Written Comment (5484 : POA closed session) 1 Vernice Hankins
From: Peter DiChellis <[email protected]>
Sent: Tuesday, November 15, 2022 1:28 PM
To: councilmtgitems; Phil Brock; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Lana Negrete; Christine Parra
Cc: POA; Community Affairs; Ramon Batista
Subject: Agenda Item 3E PSROC & Litigation

EXTERNAL
The three PSROC members who skirted their legally required training obligations must be removed.

Suggest replacing them with experienced individuals who have professional law enforcement credentials and a willingness to fully study the issues, rather than appointing yet more learning-resistant amateurs.

Sincerely,
Peter DiChellis - Unaffiliated moderate
Santa Monica 90403
Item 3.E
11/15/22
2 of 2 Item 3.E
11/15/22

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Attachment: Written Comment (5484 : POA closed session) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Commendations: Supervisor Sheila Kuehl & Assemblymember Richard Bloom
Prepared By: Stephanie Venegas, Council Office & Legislative Affairs Liaison Approved Forwarded to Council

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City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: City Manager Report
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 4.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation for United Against Hate Week
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.A
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Facilities Maintenance Subject: Authorization of Contract Modification for Citywide Custodial Services Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to Agreement #10534 in the amount of $2,240,069 with UNISERVE Facilities Services Corp., for custodial services for various City locations.

This would result in a 7-year amended agreement through April 30, 2024 with a new total amount not to exceed $9,953,390 with future year funding contingent on Council budget approval.

Summary
The City utilizes a hybrid service model comprised of City custodial staff and contracted custodial services to clean various City-owned and City-leased locations. The implementation of a hybrid service model allows staff to minimize service interruptions at busy locations and maximize workforce flexibility at sites with dynamic, seasonal demands. Staff initiated a new bid process for custodial services, however, the bid process has been longer than anticipated. The procurement process requires a mandatory in-person job walk of 15 sites citywide, which was unachievable due to the social distancing requirement and other restrictions set during the COVID-19 pandemic.

The City currently contracts with UNISERVE to provide custodial services at various City facilities. Staff recommends modifying the agreement with UNISERVE to allow adequate time to complete the formal bidding process. Staff will formally bid out these services in the first quarter of year 2023 and seek Council authority to award a new contract in the summer of 2023. Once a new contract is executed, a transition period is

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needed to ensure compliance with the California Displaced Janitor Opportunity Act and the City’s requirement to retain existing custodians employed by the previous contractor to ensure continuity in employment and service level. To adequately address the essential standards of cleanliness, staff recommends modifying the existing 5-year agreement with UNISERVE by an additional 2 years through April 30, 2024 and to increase the total amount by $2,240,069 for a total amount not to exceed $9,953,390.

Discussion
On January 13, 2015, staff presented to Council a Contract and As-Needed Staffing Review: Policy, Practice, & Recommendations Report (Attachment A). Council approved contracted staff for custodial services as part of the comprehensive report.

On September 12, 2017, Council awarded Bid #4272 to UNISERVE and authorized a contract to provide custodial services at various City facilities for one year, with four additional one-year renewal options for a total amount not to exceed $7,713,321 over a five-year period (Attachment B). The current contract (10534 CCS), with all options to extend, expires on December 15, 2022. UNISERVE has agreed, in writing, to extend the contract through April 30, 2024, at the same price, terms and conditions. The contract is subject to the City’s Living Wage Ordinance and follows the contracting policy approved by Council in 2015.

To properly solicit contracted custodial services, staff must formally bid out requests which requires a mandatory, in-person, job walk of 15 sites citywide covering approximately 457,543 square feet. During the initial preparation of the formal bidding process, the State was under Emergency orders that included strict health and safety protocols due to the COVID-19 pandemic, which prohibited staff from obtaining the proper site specifications and conducting an in-person job walk with potential bidders.

Previously conducted job walks had over 30 attendees which included Finance staff, custodial staff and potential bidders. Social distancing requirements prohibited staff from conducting an in-person job walk. Staff took precautionary measures with the emergence of five waves, including new variants, of the COVID-19 pandemic which prolonged the bidding process. To bid out these services, additional time is needed so

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that staff may address the different and complex requirements of the heightened demands of the post-pandemic standard of cleanliness.

Environmental Assessment
This is not a project for the purpose of CEQA.

Past Council Actions
Meeting Date Description
01/13/15
(Attachment A)
January 13, 2015, Staff Report – As-Needed and Contract Staffing Review Report
11/15/22
(Attachment B)
September 12, 2017, Staff Report – City Council authorization to award Bid #4274 to UNISERVE and negotiate and execute Contract 10534 for contracted custodial services
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various funds to increase the amount of contract with UNISERVE for contracted custodial services at various City facilities. Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement #
Current Authorized
Amount Request Amount Dept Account # Total Revised Contract Amount 10534 $7,713,321 $2,240,069 Various Accounts $9,953,390 Prepared By: Kyla Johnson, Senior Administrative Analyst Approved Forwarded to Council

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Attachments:

A. January 13, 2015_Staff Report
B. UNISERVE_Staff Report_9-12-17
C. UNISERVE_Contract_10534
D. UNISERVE_Oaks
E. Written Comment

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Attachment: January 13, 2015_Staff Report (5058 : Authorize Contract Modification for Citywide Custodial Services)

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Attachment: January 13, 2015_Staff Report (5058 : Authorize Contract Modification for Citywide Custodial Services)

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Attachment: January 13, 2015_Staff Report (5058 : Authorize Contract Modification for Citywide Custodial Services)

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Attachment: January 13, 2015_Staff Report (5058 : Authorize Contract Modification for Citywide Custodial Services)

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Attachment: January 13, 2015_Staff Report (5058 : Authorize Contract Modification for Citywide Custodial Services)

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Attachment: January 13, 2015_Staff Report (5058 : Authorize Contract Modification for Citywide Custodial Services) City Council
Report
City Council Meeting: September 12, 2017
Agenda Item: 3.C
1 of 6
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Facilities Maintenance Subject: Contract Award for Citywide Custodial Services Recommended Action
Staff recommends that the City Council:

1. Award Bid #4272 to UNISERVE Facilities Services Corp., a California-based company, for custodial services for various City locations, as required by the Custodial Services Section; and

2. Authorize the City Manager to negotiate and execute an agreement with UNISERVE Facilities Services Corp. in an amount not to exceed $1,488,016 (including a 20% contingency) for one year, with four additional one-year renewal options for a total amount not to exceed $7,713,321 over a five-year period, with future year funding contingent on Council budget approval.

Executive Summary
Staff recommends an agreement with UNISERVE Facilities Services Corp. to provide custodial services for various locations in the City in an amount not to exceed $1,488,016 for one year with four additional one-year options for a total amount not to exceed $7,713,321. The contract award would ensure continuity of custodial services, Living Wage and health insurance for all eligible contract employees, and no displacement of any permanent City custodians.

Background
Historically, the City has adopted a hybrid service model of utilizing in-house and contract custodial services to clean various City-owned and City-leased locations in order to minimize service interruptions at busy locations and maximize workforce flexibility at sites with dynamic, seasonal demands. In addition to regular cleaning services such as vacuuming and emptying trash, the City also contracts out specialty cleaning services, including window cleaning, carpet cleaning, floor cleaning, and upholstery cleaning.

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Attachment: UNISERVE_Staff Report_9-12-17 (5058 : Authorize Contract Modification for Citywide Custodial Services) 2 of 6
On November 25, 2014 (Attachment A), Council awarded a contract to Lee’s Maintenance Services to provide custodial services at various City facilities for an initial six-month period, pending the outcome of a citywide contract study, with five one-year renewal options for a total amount not to exceed $7,570,582 over a five-and-a-half-year period. The current contract, with all options to extend, runs through June 30, 2020.

On January 13, 2015 (Attachment B), staff presented to Council a Contract and AsNeeded Staffing Review: Policy, Practice, & Recommendations report. Council approved contracted staff for custodial services as part of the comprehensive report; custodial services have not changed substantially since that analysis.

Discussion
Currently, the City employs 55 permanent in-house custodians to provide cleaning services for City facilities that have stable demand of long stretches of hours, such as the Annenberg Beach House, City Hall, public libraries, public parks, the Santa Monica Pier, and the Santa Monica Swim Center.

The City also augments service by utilizing contract custodial staff at the Arcadia Water Treatment Plant, City TV, City Yards, Civic Auditorium administrative offices, Public Safety Facility, Santa Monica Airport, Santa Monica Animal Shelter, Santa Monica Pier and Police Substations on the Pier, as well as leased offices located at 1437 4th Street, 1717 4th Street, 1730 4th Street, 1660 7th Street, and 1901 Main Street. Some of the contract locations require consistent but limited number of service hours, where other sites, such as the Pier, require year-round in-house and contract staffing as well as additional contract staffing during peak seasons. Lee’s Maintenance Services (Lee’s) has been providing custodial services at the above contract sites since 2014.

Affordable Care Act
Signed into law in March 2010, the Affordable Care Act, or ACA, is a federal mandate that requires employers with at least 50 full-time equivalent employees to offer “affordable, minimum value health coverage” to their full-time employees. When Lee’s

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first started providing custodial services to the City, no federal guidelines existed for small businesses to comply with the ACA.

Subsequently, the federal government released further ACA compliance instructions, and Lee’s began providing health insurance to its qualified custodians in March 2016.

The City agreed to reimburse Lee’s for the health insurance costs of its eligible custodians assigned full-time to City job sites using the contract’s contingency fund to cover the additional expenses. At the time of this report, $81,833 has been expended on ACA payments.

While Lee’s has been providing satisfactory services to the City and the current contract provides renewal options through June 2020, staff decided it would be prudent to evaluate custodial services options available in the current marketplace by going out to bid. The new formal bid requires that ACA and other mandated costs, including the City’s Living Wage, be included in an all-inclusive hourly rate cost proposal in order to simplify the administrative aspects of managing the contract.

Vendor Selection
In March 2017, the City published Notices Inviting Bids to provide custodial services for various City locations, as required by the Custodial Services Section, in accordance with City specifications. The bid was posted on the City’s online bidding site, Planet Bids, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. A total of 52 vendors downloaded the bids.

Seven bids were received and publicly opened on April 17, 2017, per Attachment C:

Company First Year Regular Service
Coastal Building Services $1,146,914
Executive Suite Services, Inc. $1,398,875
Huffman & Downs Maintenance $1,165,145
Lee’s Maintenance Services, Inc. $1,254,927
Professional Building Maintenance $1,289,911

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Attachment: UNISERVE_Staff Report_9-12-17 (5058 : Authorize Contract Modification for Citywide Custodial Services) 4 of 6
Servicon System, Inc. $1,145,569
UNISERVE Facilities Services Corporation $1,131,464
Bids were evaluated based on the criteria in SMMC 2.24.072, including price, quality of service, experience, capacity, and reputation & judgment. Based on these criteria, UNISERVE Facilities Services Corp., the lowest bidder, is recommended as the best bidder. In addition to being the lowest bidder, UNISERVE has demonstrated superb industry experience and capacity as well as a strong commitment to employee training, service quality assurance, and established professional practices.

Founded in 1966, UNISERVE has been delivering custodial services to Fortune 1000 companies, airports, museums, and government entities for over five decades. The company has large, long-term custodial accounts, which includes FedEx, the Getty Center, the Getty Villa, and the City of Los Angeles. Specifically, the City of Los Angeles provided an excellent reference and attested to the company’s capability to handle a wide variety of job sites that are similar to those in the City of Santa Monica.

Additionally, the company provides ACA health insurance and the City’s current Living Wage of $15.87 per hour (adjusted annually per the Consumer Price Index) to all of its employees assigned to City sites. Finally, although not a bid requirement, UNISERVE’s proposal to provide a 100% dedicated account manager for the City illustrates the company’s commitment to customer care and quality assurance.

Based on these criteria, staff recommends that Council award bid #4272 to UNISERVE Facilities Services Corp. for custodial services at various City locations for a five-year amount not to exceed $7,713,321. The first contract year and first renewal option have a not-to-exceed amount of $1,488,016 per year. The subsequent three renewal options are subject to an increase based on the City’s Living Wage Ordinance.

Service Continuity and Sustainability
There will be no interruption of service during the transition period. Lee’s will continue to provide custodial services at all contract locations on a month-to-month basis with a 30-

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day termination notice until the new contract with UNISERVE is in place. UNISERVE will comply with the California Displaced Janitor Opportunity Act and the City’s requirement to retain existing custodians employed by the previous contractor to ensure continuity in employment and service level. UNISERVE will continue to use environmentally sensitive, low toxicity cleaning products that are supplied by the City and pre-approved by Risk Management and the Office of Sustainability and Environment to ensure the health of staff, the public, and the environment.

Alternative
If the City were to provide the same level of custodial services using in-house personnel, staff estimates a cost difference of $3.65 million, or 56% more, in staffing costs alone over the course of five years compared with utilizing services from UNISERVE (Attachment D). Bringing custodial services in-house for the contract locations would incur additional salaries and benefits of $1.96 million in the first year (plus potential cost of living and benefit premium increases for subsequent years) and the hiring of an additional 22.4 FTE Custodians and 2 FTE Custodial Supervisors. This does not include significant initial investment for vehicles, tenant improvement for additional office spaces, office equipment, cleaning equipment, and uniform purchases, as well as ongoing expenses in City overhead, training, overtime incurred by backfilling vacation and sick leaves, and maintenance/replacement of vehicles, equipment, and supplies.

In addition to the fiscal impact, changing the current service model and creating additional permanent positions at this time would have a negative operational impact by:

A) reducing workforce flexibility at locations where service demand is seasonal, such as the Santa Monica Pier and the additional service level required during the popular Twilight Concert Series every summer; B) limiting the City’s options to redefine or adjust service levels when City staff currently working in leased office spaces move into the new City Services Building in the foreseeable future; and C) increasing administrative complications and the span of supervision for the Custodial Services Section, including recruitment, staff training, performance evaluations, disciplinary actions, and workers’ compensation risk.

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Attachment: UNISERVE_Staff Report_9-12-17 (5058 : Authorize Contract Modification for Citywide Custodial Services) 6 of 6
Financial Impacts and Budget Actions
The contract to be awarded to UNISERVE Facilities Services Corp. is for an amount not to exceed $7,713,321. Funds of $1,488,016 are available in the FY 2017-18 budget in various departments. The contract will be charged to various accounts as needed (Attachment E). Future year funding is contingent on Council budget approval.

Prepared By: Yvonne Yeung, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. November 25, 2014 Staff Report
B. January 13, 2015 Staff Report
C. Bid #4272 Summary
D. In-House vs. Contract Cost Analysis
E. Contract Budget
F. Oaks Initiative Disclosure Form - UNISERVE

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Packet Pg. 132 Attachment: UNISERVE_Oaks (5058 : Authorize Contract Modification for Citywide Custodial Services) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, November 15, 2022 11:31 AM
To: councilmtgitems
Subject: Fw: Agenda Item 5.A
From: Carlos Rubio <[email protected]>
Sent: Tuesday, November 15, 2022 11:27 AM
To: Council Mailbox <[email protected]>
Cc: David White <[email protected]>; Rick Valte <[email protected]> Subject: Agenda Item 5.A

EXTERNAL
Honorable City Council:

The purpose of this email is to inform you that we have recently found out that there is an item in today’s agenda that is looking to authorize a contract for modification for city wide custodial services.

In accordance to the Memorandum of Understanding between California Teamsters Public, Professional & Medical Employees Union, Local 911 and the City of Santa Monica, Article 5.12, the City of Santa Monica is to provide notice of any proposal to subcontract work ordinarily performed by employees represented by Teamsters. The City of Santa Monica is to meet and confer with Teamsters under this contract provision and applicable law.

It is inappropriate for the City of Santa Monica to move forward with this until the obligations have been met. Our custodial division has been essential to the safety and maintenance of quality of life of the City of Santa Monica community. Contracting out their work is not only wrong but not in line with the labor management partnership we have.

Please confirm with me that this approval will be continued and stayed until we meet and confer.

In Unity,
Carlos I. Rubio
President
California Teamsters Local 911
Public, Professional & Medical
Employees Union
9900 Flower Street
Bellflower, CA 90706
T: (562) 595-4518 Ext: 111
F: (562) 427-7298
E: [email protected]
Item 5.A
11/15/22
1 of 1 Item 5.A
11/15/22

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Packet Pg. 133 Attachment: Written Comment (5058 : Authorize Contract Modification for Citywide Custodial Services) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of Resolution Making 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 Force.

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

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measures to promote social distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3). Both of the conditions required 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.

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 internetbased 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 internet-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) the legislative body shall allow a reasonable amount of time per agenda item to allow public members the opportunity to

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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
While not experiencing the high case levels and positivity rates as seen during the height of the winter surge, Los Angeles County continues to experience increases in COVID-19 cases and test positivity rates. As of October 26, 2022, LA County has confirmed 3,483,444 cases of COVID-19 within the County to date, with 928 new cases reported for October 26, 2022 alone, and has continued to advise that public health measures, such as masking, are recommended to prevent the further spread of COVID19. 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.

Members of Boards and Commissions previously voiced concern about being required to return to in-person meetings given that, as validated by the Health 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, June 14, July 12, July 26, August 23, 2022, September 13, 2022, October 11, 2022, and October 25, 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.

In light of AB 361, the continuing COVID-19 emergency, 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 without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply.

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The procedures that were established for City Council meetings when it held meetings remotely, providing for public attendance and comment through a call-in or internetbased 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 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: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:

A. CM-Reso-AB 361

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1 City Council Meeting: November 15, 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 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and

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Packet Pg. 138 Attachment: CM-Reso-AB 361 (5232 : AB361 Findings for Teleconference) 2 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, 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, July 12, 2022, July 26, 2022, August 23, 2022, September 13, 2022, October 11, 2022, and October 25, 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 Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; and

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Packet Pg. 139 Attachment: CM-Reso-AB 361 (5232 : AB361 Findings for Teleconference) 3 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 in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and

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Packet Pg. 140 Attachment: CM-Reso-AB 361 (5232 : AB361 Findings for Teleconference) 4 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, June 14, 2022, July 12, 2022, July 26, 2022, August 23, 2022, September 13, 2022, October 11, 2022, and October 25, 2022 the City Council adopted Resolutions, which made the findings required by AB 361 to allow the

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Packet Pg. 141 Attachment: CM-Reso-AB 361 (5232 : AB361 Findings for Teleconference) 5 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 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.

SECTION 2. The City Council finds that local officials have 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).

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Packet Pg. 142 Attachment: CM-Reso-AB 361 (5232 : AB361 Findings for Teleconference) 6 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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Packet Pg. 143 Attachment: CM-Reso-AB 361 (5232 : AB361 Findings for Teleconference) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.C
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award RFP #SP2666 to DRP Engineering, Inc. for the design of Water and Wastewater replacement project
Recommended Action
Staff recommends that the City Council:

1. Award RFP #SP2666 to DRP Engineering, Inc., to provide engineering design services, develop construction documents, and provide engineering support during the construction of the water, wastewater and recycled water main projects for fiscal years 2022-23 through 2026-27 for the Public Works Department.

2. Authorize the City Manager to negotiate and execute an agreement with DRP Engineering, Inc., in an amount not to exceed $1,322,991 (including $120,271 contingency) for two years, with three additional one-year renewal options in the amount of $2,136,503 (including $194,227 Contingency) on the same terms and conditions for a total amount not to exceed $3,459,494 over a 5-year period with future year funding contingent on Council budget approval.

3. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement/Reconstruction), of the California Environmental Quality Act (CEQA) Guidelines. The project consists of replacement or reconstruction of existing water and sewer main facilities where the new replacement will be in the same locations and will have substantially the same purpose as the structures replaced.

Summary
To ensure the delivery of safe, high quality and reliable water supply and wastewater services to the residents and business owners of Santa Monica, the City is required to replace the pipes and the facilities that are approaching the end of their useful lives.

The FY 2022-23 - 2026-27 Water, Non-Potable Water, and Wastewater Main Replacement Project would design approximately 50,000 linear feet of water mains,

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39,600 linear feet of wastewater mains, and 5,000 linear feet of recycled water mains over the next five years. Staff recommends DRP Engineering, Inc. to provide engineering design services, develop construction documents, and provide engineering support during the construction phase of the projects for an amount not to exceed $3,459,494 over a five-year period which would be funded by $2,304,558 from Water Fund and $1,154,936 from the Wastewater Fund.

Discussion
The City owns, operates and maintains a 205-mile network of water distribution system and six miles of recycled water mains with pipeline sizes ranging from six to 36 inches.

The City also owns, operates and maintains an extensive sanitary sewer collection system including approximately 154 miles of wastewater pipelines.

Over time the useful life of these pipelines diminish due to age, soil conditions, and corrosion buildups. The City’s replaces an average of approximately 10,000 linear feet of water pipes and replace or rehabilitate 8,000 linear feet of wastewater pipes annually to meet the 100-year replacement cycle recommended by the City Council approved 2018 Updated Sustainable Water Master Plan and 2017 Sanitary Sewer System Master Plan (SSSMP).

The first year of this 5-year project would replace 10,866 linear feet of water mains, replace 6,250 linear feet of wastewater mains, rehabilitate 3,150 linear feet of wastewater mains, and would install 1,800 linear feet of recycled water mains. Tables 1 and 2 show the segments of the water and wastewater main replacements, and Table 3 shows tentative segments for the recycled water mains that would be installed in the first year (FY 2022-23). The segments for future-year construction projects would be determined each year.

Table 1- Water Main Replacement Project - First Year (2022-23) Street Name From To Installed
Year
Length
Feet
10th Street Olympic Blvd. I10 Freeway 1967 520

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11th Street Olympic Blvd. East of Cloverfield 1961 425
Michigan Avenue East of
Cloverfield
1325 feet to the East 1948 1,325
Euclid Court North of
Olympic Blvd.

I10 Freeway 1946 635
Ocean Avenue San Vicente
Blvd.

Adelaide Drive 1960 670
22nd Court Montana
Avenue
Georgina Avenue 1959/1975 3,000
Washington Avenue 17th St. 24th St. 1924 2,676
24th Street Michigan
Avenue
Delaware Avenue
where it intersects with
Frank St.

Unknown 1,425
Euclid Court South of
Olympic Blvd.

Michigan Avenue 1946 190
Total 10,866
Table 2 - Wastewater Main Replacement/Rehabilitation Project - First Year (2022-23) Street Name From To Length
Feet
Wastewater Pipeline Replacement Segments
Maple Street Sewer Maintenance
Hole (SMH) 26-1295 at
Euclid St.

SMH 26-1295A in front of 1129
Maple St.
370
Maple Street SMH 26-1295A SMH 19-959 at 11th St. 330
9 th Court SMH 17-702 at
Michigan Avenue
SMH 17-701at Olympic Blvd 200
Raymond Avenue SMH 19-945 at 7th St. SMH 19-942 at Highland St. 300 Hill Place North SMH 13-533 at 5th St. SMH 13-533A at 4th St. 200 Hill Place North SMH 13-533 at 5th St. SMH 13-532 at 5th St. 200 Hill Place North SMH 13-532 at 5th St. SMH 13-531 at 6th St. 150 5 th Court SMH 13-532 at Hill
Place North
SMH 13-530 at Ocean Park
Place South
200
Raymond Place
North
SMH 13-503 at 4th Court SMH 13-518 at 5th St Easement 350 Raymond Place
North
SMH 13-518 at 5th
Easement
SMH 13-519 at 6th St. 150
Pico Place South SMH 25-1203 E/O 11th
St.

SMH 18-821 W/O 11th St. 100

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Harvard Court SMH 46-2245 at
Broadway
SMH 46-2244 at Colorado
Place North
500
Santa Monica
Place South
SMH-2257 at Harvard
St.

SMH 46-2255 at Yale St. 400
California Place
South
SMH 38-1842 at 24th St. SMH 38-1838 at Chelsea
Avenue
300
24th Court SMH 38-1840 at
California Place South
SMH 38-1841 at Wilshire Place
North
400
Washington Place
South
SMH 38-1814 at 24th St. SMH 38-1819 at Chelsea
Avenue
300
24th Court SMH 38-1818 at
Washington Place South
SMH 38-1817 at California
Place North
400
California Place
South
SMH 38-1845 at 23rd St. SMH 38-1843 at 24th St. 300
23rd Court SMH 38-1844 at
California Place South
SMH 38-1846 at Wilshire Place
North
400
California Place
South
SMH 38-1852 at 22nd
St.

SMH 38-1854 at 23rd St. 300
22nd Court SMH 38-1853 at
California Place South
SMH 38-1848 at Wilshire Place
North
400
Total 6,250
Wastewater Pipeline Rehabilitation Segments
Franklin Court SMH 51-2422 at Santa
Monica Place North
SMH 51-2419 at Arizona
Avenue
500
Chelsea Avenue SMH 38-1873 at
Chelsea Place
SMH at Arizona Avenue 350
24th Court SMH 45-2199 at
Washington Place North
SMH 44-2127 at Montana
Place
950
Georgina Place
North
SMH 8-155 at 4th St. SMH 14-576 at 7th St. 1,350
Total 3,150
Table 3 - Recycled Water Main Expansion Project - First Year (2022-23) Street Name From To Installed
Year
Length
Feet
Pico Blvd. 17th St. 16th St. New 500
16th Street Pico Blvd.. Pearl St. New 1300
Total 1,800

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Consultant Selection
On June 2, 2022, the City issued a Request for Proposal (RFP) to obtain engineering design services for water, recycled water, and wastewater mains replacement for five years from FY2022-23 through FY2026-27. A selection committee consisting of staff from the Engineering & Streets Services Division and the Water Resources Division reviewed the proposals and selected the top three firms to participate in the next round of the selection process. On August 18, 2022, staff interviewed the top three consulting firms and subsequently selected DRP Engineering, Inc. to provide the engineering design services for the project.

Bidder Recommendation
Best Qualified Person/Firm DRP 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
Proposals Received
Cannon Corporation SA Associates
Onward Engineering CWE Inc.

DRP Engineering
RFP Data
Posted On Posted On Advertised in (City
Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
06/02/2022 City’s Online
Bidding Site
Santa Monica
Daily Press
41 06/30/2022
Justification to Award
The proposals were reviewed by a selection panel consisting of staff from the Engineering & Streets Services and Water Resources Divisions. The proposal evaluations were based on project understanding/workplan, previous experience, references, ability to deliver, quality of product, cost, and compliance with City requirements. Staff then interviewed three shortlisted firms. Based on the evaluation criteria and criteria in SMMC 2.24.190, staff recommends DRP Engineering, Inc., as the best qualified firm to prepare the Water, Non-Potable Water and Wastewater Main

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Replacement Project based on their extensive and prior experience in developing similar projects for other California municipalities and agencies including City of Anaheim, City of Long Beach, Suburban Water System, and Liberty Utilities.

Past Council Actions
Meeting Date Description
9/26/2017
(Attachment A)
Approval of Sanitary Sewer System Master Plan (SSSMP)
11/27/2018
(Attachment B)
Updated Sustainable Water Master Plans and Pathway to Water Self-Sufficiency
Environmental Review
Staff has performed a preliminary environmental assessment of a portion of this project, which would replace water and wastewater mains and has determined that it falls within the Categorical Exemption set forth in 15302 of the CEQA Guidelines which exempts replacement or reconstruction of existing structures and facilities where the new structure will be located in the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced because this project would replace and rehabilitate existing water mains and wastewater mains.

Furthermore, Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Specific details regarding the design, layout, size, and location for installation of new recycled mains are not available and would be determined as part of this design contract. Once details regarding these segments are finalized and determined, Staff would perform the necessary environmental review in compliance with CEQA.

Environmental documentation pursuant to CEQA would be prepared and completed prior to, or in conjunction of the approval of the installation of new mains.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from Water and Wastewater Funds to award a 5-year design contract to DRP Engineering, Inc. for design and construction

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engineering support services for the FY 2022-23 through 2026-27 Water, Non-Potable Water and Wastewater Main Replacement Project. Future year funding is contingent on Council budget approval.

FY 2022-23 Amount Future years amount CIP Account # Total Contract Amount $188,208 $303,922 C5004870.689000 $492,130
$692,647 $1,119,781 C5004840.689000 $1,812,428
$442,136 $712,800 C5104860.689000 $1,154,936
$1,322,991 $2,136,503 Total $3,459,494
Prepared By: Tom Shahbazi, Civil Engineer
Approved Forwarded to Council
Attachments:

A. Sustainable Water Master Plan Update and Pathway to Water Self-Sufficiency B. Sanitary Sewer System Master Plan
C. OaksInitiative-wEx _DRP

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City Council
Report
City Council Meeting: November 27, 2018
Agenda Item: 8.C
1 of 40
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Water Resources Subject: Sustainable Water Master Plan Update and Pathway to Water SelfSufficiency Recommended Action
Staff recommends that the City Council:

1. Provide staff with direction to proceed with water self-sufficiency components.

2. Provide staff with direction regarding funding recommendations to achieve water self-sufficiency.

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

4. Direct staff to return for a public hearing on January 8, 2019, to consider implementation of 9% water rate increase previously approved by Council on February 24, 2015 to go into effect on March 1, 2019.

Executive Summary
The City of Santa Monica (City) has historically provided water service to residential and business customers allowing for bold efforts in securing resiliency and self-sufficiency for the community. Given the statewide challenges surrounding a safe and reliable water supply in recent years, Council directed staff to develop a water self-sufficiency plan with the goal of meeting 100% of Santa Monica’s water demand using local water sources by 2020. On October 28, 2014, Council adopted the Sustainable Water Master Plan (SWMP), which outlines a strategy to achieve the City’s water self-sufficiency goal (Attachment A). Staff initiated a comprehensive update of the SWMP in 2017 to incorporate new information regarding local groundwater resources and to integrate new water conservation programs and alternative water supply opportunities. On January 9, 2018, staff reported to Council that further analysis was needed to assess whether the City could meet its water self-sufficiency goal by 2020 (Attachment B). The further analyses have been completed and confirm that achieving water self-sufficiency that can be maintained into the future is practical and cost effective, but the projected

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date of reaching that goal would be 2023. The delay from the original date is due to new state drinking water requirements implemented in 2018, permitting requirements for alternative water supply projects, and results of recently completed feasibility studies which resulted in longer timelines for project completion relative to previous estimates.

The benefits of becoming water self-sufficient when compared to the alternative of continuing to meet a portion of local water demand using imported water include: longterm cost benefits for water ratepayers, establishment of a diverse, sustainable and drought resilient local water supply, and reduction of the City’s water supply energy footprint. It should be noted that in the updated plan proposed by staff, water selfsufficiency equates to approximately 99% locally sourced water, with 1% of the City’s water supply still being purchased from the Metropolitan Water District of Southern California (MWD) to maintain the imported water connection for emergency purposes.

The updated proposal to meet water self-sufficiency presented in this staff report includes an optimized water conservation program together with local water supply projects, an updated implementation timeline, and recommended funding toward achieving water self-sufficiency for the City. Following Council direction and approval, the final components will be included in an updated SWMP that will guide City efforts toward achieving the goal through 2023. To achieve self-sufficiency by 2023, staff is proposing to replace imported water purchases with a comprehensive plan consisting of:
 Component 1 - continuing and increasing water conservation efforts to permanently reduce water demand,
 Component 2 - developing sustainable and drought resilient alternative water supplies, and
 Component 3 - expanding local groundwater production within sustainable yield limits.

The anticipated cost to implement the components required to meet the self-sufficiency goal is approximately $38 million to increase local water supplies, which includes capacity expansion of the Arcadia Water Treatment Plant (WTP), implementation of

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production efficiency enhancements, as well as acquiring an additional groundwater well to enhance resiliency. The $38 million would be funded primarily through the issuance of a water revenue bond and a contribution from the Wastewater Fund ($3.25 million) to the Water Fund to fund the various projects outlined in this staff report, with the debt service on the bonds incorporated into water rates in an upcoming rate study.

An additional $64 million from existing water-contamination settlement funds would be used for restoring the Olympic Sub-basin, which would allow additional water production from that sub-basin to support achievement of water self-sufficiency. The proposed water self-sufficiency plan and staff recommendations are based on recently completed studies (e.g., confirmation of sustainable yield analysis, evaluation of new drinking water regulations on the Olympic Sub-basin restoration, and feasibility studies to assess new technologies that increase production efficiency at the Arcadia WTP) in which multiple scenarios were evaluated for cost, benefits and effectiveness.

Lastly, staff will return to Council on January 8, 2019, for a public hearing and to recommend a full implementation of the 9% water rate adjustment (within the previously adopted Council authorization) for calendar year 2019 and effective on water bills issued on or about March 1, 2019. The recommended water rate adjustment would ensure a fiscally sustainable comprehensive program for safe, clean, reliable water supply to our community. It would also help offset increased construction costs to keep up with the City’s 100-year water main replacement program and fund preliminary design efforts on the various components required to achieve water self-sufficiency as contemplated in the 2014 rate study.

Background
On January 25, 2011, City Council directed staff to develop a water self-sufficiency plan with the goal of meeting 100% of Santa Monica’s water demand using local water sources by 2020. On October 28, 2014, Council adopted the SWMP which outlines a comprehensive plan to achieve water self-sufficiency. The SWMP involves a combination of water demand reduction strategies through various water conservation and efficiency programs designed to permanently reduce residential and commercial

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water use, along with increased water supply from 1) alternative water sources such as captured rainwater and treated wastewater; 2) increased efficiency of the City’s water treatment systems; and 3) additional pumping from existing groundwater wells and new wells in the local groundwater basin. Implementation of the SWMP has been proceeding since 2014, with updates provided during Council’s annual consideration of water rate adjustments. The most recent update was provided on January 9, 2018.

Between 2014 and 2018, other elements of the SWMP progressed, including completion of a preliminary Sustainable Yield Analysis (SYA) of the Santa Monica groundwater basin and finalizing plans for the Sustainable Water Infrastructure Project (SWIP) to support further analysis and refinement of alternatives to reduce reliance on imported water supply and meet the City’s self-sufficiency goal. Staff initiated a comprehensive update of the SWMP in 2017 to incorporate new information regarding local groundwater resources, regulatory updates, and to integrate new water conservation programs and alternate water supply opportunities.

On January 9, 2018, staff reported to Council that further analysis was needed to assess whether the City could meet its water self-sufficiency goal by 2020. Additional work completed since January 2018 included analysis to validate preliminary SYA estimates of the local groundwater basin, drilling of exploratory water wells in the Coastal sub-basin to evaluate potential new local water production, technical studies to evaluate the cost and viability of increasing the production efficiency of the City’s Arcadia WTP, evaluating the impact of new drinking water regulations (e.g., maximum contaminant level [MCL] for 1,2,3 TCP) on groundwater extraction from the Olympic Sub-basin, and evaluating the cost and viability of additional water conservation programs as requested by the Task Force on the Environment. A timeline summarizing key events related to the development of the SWMP from 2011 is provided in Figure 1.

Staff currently anticipates that the City would achieve water self-sufficiency in 2023 based on the plan outlined in this report. In addition to the proposed plan to achieve water self-sufficiency, a Five-Year Rate Study (2020-2024) is also currently underway and will consider potential rate impacts of water self-sufficiency projects. Results of the Five Year Rate Study will be presented to Council in the first half of 2019.

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January 25, 2011
City Council directed
staff to develop water
self-sufficiency plan
(100% on local water
supplies)
Council adopts Sustainable
Water Master Plan (Oct ’14)
Plan outlines the City’s strategy to
achieve water self-sufficiency
Olympic Treatment Pilot Project
Initiated (Sept ’14)
Evaluate treatment technologies to
restore pumping capacity at Olympic
Sub Basin
SWMP Update
(Nov ‘18)
Staff to present
strategy to meet
City’s water selfsufficiency goal
Conservation Plan
Implemented (2015)
Increased conservation
efforts saw a ~20% reduction
in gallon per capita per day
(gpcd) water consumption
SWMP Update
(Jan ‘18)
Staff reported to City
Council that additional
analysis was needed to
determine if selfsufficiency goal could
be met by 2020
New Contaminant at
Olympic Sub Basin
(May ‘18)
New drinking water
regulations required
additional analysis of
Olympic Sub Basin
treatment strategy
Water SelfSufficiency
Achieved (2023)
Figure 1: Self-Sufficiency Timeline
Discussion
Goals and Benefits of Water Self-Sufficiency
The proposed plan to meet the City’s self-sufficiency goal involves a combination of demand reduction through various water conservation and efficiency programs and the addition of local water supplies which will also provide the following benefits:
 Long-term cost benefits to ratepayers by maximizing local water resources  Provide a more sustainable and drought-resilient water supply through a diversified water supply portfolio
 Reduce the City’s water supply energy footprint through conservation and locally sourced water supplies
With imported water purchase costs from MWD expected to increase annually from 3 to 7 percent over the next 10 years, the primary focus of the updated SWMP was to develop water self-sufficiency scenarios that are both sustainable and economical compared to the continued purchase of imported water from MWD. Development of

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cost-effective local, sustainable, and drought resilient water supplies will provide Santa Monica water ratepayers with cost benefits over the long-term and provide the City with greater cost certainty on water rates compared to the continued purchase of imported water from MWD.

Providing a sustainable and drought-resilient water supply through a diversified water supply portfolio eliminates the City’s reliance on the purchase of imported water from MWD and maintains reliable production during routine maintenance and unforeseen downtimes of treatment equipment.

Lastly, maximizing local water resources instead of purchasing imported water from MWD also has long-term environmental benefits for the community in terms of reduced energy use and the associated reduction in greenhouse gas emissions, which support Council’s goal to achieve carbon neutrality by 2050 or sooner. The addition of alternative water supplies, expansion of local groundwater supplies, and increased conservation will result in a 25-30% reduction of total energy footprint from the City’s water supply compared to continued purchase of imported water from MWD.

Marching Toward Water Self-Sufficiency
The City’s water supply portfolio has progressively transformed since 2011, with the community making significant strides toward water self-sufficiency and reduced reliance on the purchase of imported water to supplement local water resources as indicated in Figure 2. In 2011, after completion of the Charnock Wellfield Restoration Project, the City was able to meet approximately 51 percent (~6,700 acre-feet per year [AFY]) of its water supply demand through local groundwater resources and reduce the purchase of water from MWD, which is imported from Northern California and the Colorado River, to approximately 48% (~6,400 AFY).

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Figure 2: Overview of City’s Water Supply Portfolio from 2011 through 2017 In 2015, the City and its residents responded to severe drought conditions throughout California with conservation efforts that resulted in a decrease in the City’s total water demand of 14,300 AFY in 2014 by about 17% (-2,500 AFY) to approximately 11,800 AFY by 2017. Santa Monica’s population grew by about 1.6% from 92,321 to 93,834 over the same period. Conservation efforts resulted in a decrease in average annual water consumption, measured in gallons per capita per day (GPCD), from 140 GPCD to approximately 110 GPCD as indicated in Figure 3 and continues today even after the governor declared an end to the drought.

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Figure 3: Historical Population Growth versus Per Capita Water Consumption From 2015 through 2017, the City was meeting approximately 50-56% of its water supply demand through local water sources (7,400-8,200 AFY) and 26-29% through water conservation (approximately 2,500 AFY), with the amount of imported water purchased from MWD dropping to approximately 26-29% (3,700-4,100 AFY). In 2017, local groundwater supply temporarily decreased due to an extended shutdown (approximately six months) of one well in the Charnock sub-basin for maintenance and repair. The loss of a single well from the Charnock Sub-basin over the six-month period and loss of approximately 800 AFY of groundwater production highlighted the need to increase resiliency of the local water supply to maintain reliable production as the City continues its march toward water self-sufficiency.

Refined SWMP Pathway to Achieve Water Self-Sufficiency
Additional analyses of various elements of the SWMP, as outlined at the January 9, 2018 City Council meeting, have been completed, and based on those analyses staff now estimates that water self-sufficiency can be achieved by 2023. To achieve selfsufficiency by 2023, staff is proposing to replace the purchase of imported water from MWD (approximately 50% of the total water supply demand when self-sufficiency efforts were initiated in 2011) with a comprehensive plan consisting of: 1) Component 1 - continuing and increasing water conservation efforts to permanently reduce water demand, 2) Component 2 - developing sustainable and drought resilient alternative

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water supplies, and 3) Component 3 - expanding local groundwater production within sustainable yield limits.

The delay in achieving the City’s self-sufficiency goal from 2020 to 2023 is due to several factors, including new regulations established by the State Water Resources Control Board’s Division of Drinking Water (DDW) that required further analysis to determine the level of treatment required for the Olympic Sub-basin, the project timeline and permitting schedule for the SWIP project to recharge local groundwater aquifers with purified water, and the need to confirm and refine preliminary SYA estimates with additional data to establish an accurate estimate of the sustainable yield for the Santa Monica Groundwater Basin.

The remainder of this staff report is organized as follows to provide detailed descriptions of each component of the updated SWMP and its contribution/benefits toward the City’s self-sufficiency goal:
 Proposed Plan to Achieve Water Self-Sufficiency
 SWMP Project Cost and Implementation Schedule
 Funding Recommendations
Proposed Plan to Achieve Water Self-Sufficiency
A comprehensive plan was developed through the SWMP and comprises three components that provide a path for the City to achieve water self-sufficiency by 2023.

The contribution of each proposed component to eliminate reliance on imported water supply by 2023 is summarized in Figure 4 along with the percent contribution toward replacing imported water purchases. In total, the three components: 1) conservation, 2) alternative water supplies - production efficiency, recycled water, and purified water for recharge, and 3) new local groundwater will contribute approximately 8,057 AFY toward the City’s total water supply and reduce imported water purchase to only 170 AFY. A brief description of each of the recommended components is provided below.

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New Local Groundwater,
2,100 AFY, 25%
Imported
Water (MWD),
170 AFY, 2%
Alternative Water Supply -
Purified Water (Recharge),
1,100 AFY
Alternative Water Supply -
Alternative Water Supply Recycled Water , 560 AFY
- Production Efficiency,
1,200 AFY
Conservation, 3,097 AFY, 38%
PROPOSED STRATEGIES TO REPLACE IMPORTED WATER SUPPLY (2023) New Local Groundwater Imported Water (MWD)
Alternative Water Supply - Purified Water (Recharge) Alternative Water Supply - Recycled Water Alternative Water Supply - Production Efficiency Conservation Alternative Water Supply,
2,860 AFY, 35%
Figure 4: Summary of Proposed Components to Replace Imported Water Supply by 2023 Component 1 - Conservation (38% Reduction in Imported Water Purchases) In 2014, Council authorized the significant expansion of staffing and funding to augment the City’s water conservation efforts to address the state-wide drought and help the City meet its self-sufficiency goal. This contributed to a water demand reduction of approximately 20% over the past three years (2015-2017), which equates to saving approximately 2,500 AFY. Continued implementation of the existing conservation programs with the addition of supplemental conservation efforts is expected to continue this trend of water demand reduction through 2040, with the staff recommended Optimal conservation plan which is described below. Continuation of existing, and implementation of proposed, conservation programs are essential for the City to eliminate reliance on imported water from MWD. The recommended Optimal conservation plan will contribute approximately 3,100 AFY to the City’s water supply portfolio in 2023 and reduce imported water purchases by roughly 38%.

Staff modeled three conservation plans (Optimal, Enhanced, and 90 GPCD), which are presented in gallons per capita per day by 2025 and abbreviated as GPCD. The Optimal Conservation Plan can be completed using existing budgeted resources and would reduce the City’s total water demand by approximately 20%, even after factoring in demand increases associated with expected population growth through 2025.

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Increasing conservation efforts from the Optimal to the Enhanced Plan would cost an additional $7.2 million in total program cost, on top of the budget already allocated for the Optimal Conservation Plan, but with a marginal increase in water conserved (approximately 2% additional reduction in GPCD with the Enhanced Plan). The enhanced conservation plan would still require approximately 3,500 to 3,700 AFY of water that would need to be met through the purchase of imported water or from the development of additional local water resources. With marginal gains from increased conservation efforts compared to the additional implementation cost required, staff is recommending continuing with the optimal conservation plan, which costs approximately $708/AF of water saved.

A third, aggressive conservation plan was also studied following a request by the Task Force on the Environment to evaluate the cost and feasibility of reducing city-wide water demand to 90 GPCD by 2025. The assessment of the 90 GPCD Plan conducted by staff concluded that reducing overall water demand to 90 GPCD would be extremely costly and may not be feasible for implementation. The overall cost to implement this plan would exceed $56.6 million, with $40 million of the cost incurred over the first five years. In addition to the significant cost premium, this scenario would likely require additional staffing and would be very challenging to achieve by 2025.

Staff met with industry experts to review and receive input on the City staff modeling of proposed conservation programs. A panel of outside experts supported both the optimal and enhanced conservation plans and the proposed programs that comprise them. A summary of the conservation scenarios evaluated is provided in Table 1.

Table 1: Summary of Conservation Scenarios Considered
Description1 Conclusion Cost
Optimal,
108 GPCD
 Best Conservation option
 Does not achieve self-sufficiency
goal by itself but supports demand
reduction.

Within current operating budget
$708/AF (over 30 years) 2
Enhanced,
106 GPCD
 Feasible but expensive compared to
Optimal Plan. Requires 1.5 new
staff for 10 years
$7.2 million increase in program
costs compared to Optimal
(2018-2023)

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 Does not achieve self-sufficiency
goal
 Not worth the incremental cost for a
2GPCD reduction.
137% increase in budgeted costs
(2018-2013)
$1,078/AF (over 30 years) 2
Aggressive,
90 GPCD
 Potentially feasible but very
expensive, requires 2.5+ new staff
for 10 years
 Does not achieve self-sufficiency
goal
$40.8M over the first five years;
$58.6 M 2019-2040,
800% increase in costs (2018-
2023) compared to Optimal
Scenario
~$1,280/AF (over 30 years)2
1GPCD based on water conservation efforts achieved as of 2025 2Excluding ongoing conservation staffing cost.

Due to conservation efforts since 2015, the City’s current water demand measured in gallons per capita per day (GPCD) is approximately 110 GPCD. Staff also conducted a theoretical exercise to determine what would be required for the City to become water self-sufficient solely through conservation efforts (assuming no imported water and no additional local water production). Results of that exercise indicated that the total per capita water demand would need to be reduced to 64 GPCD. Staff consulted water conservation experts, analyzed conservation efforts in other cities and evaluated various local conservation scenarios and determined that attempting to achieve the selfsufficiency goal through conservation alone (i.e. achieving 64 GPCD in Santa Monica) is neither financially feasible nor realistic within the time horizon.

However, the community should be commended on the conservation efforts already taken to reduce water demand and decrease imported water purchased from MWD.

Santa Monica is - and can be - a model for a new ethic of resource self-sufficiency and environmental sustainability. The Council’s recent adoption of the 100% renewable default rate for community electric supply represents this ethos of “living within our means.” Conservation will continue to play a critical role in the City’s march toward water self-sufficiency by continuing to reduce overall water demand in the face of continued population growth from new housing and demand from the commercial and institutional sectors of our local economy.

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Based on the modeling described above, staff recommends pursuing the Optimal conservation plan, which continues the successful conservation programs initiated over the past three years and increases water conservation in untapped areas such as:
 Funding of retrofits in Santa Monica-Malibu Unified School District facilities and landscapes
 Commercial sector fixture retrofits and enhanced rebates  Coin-operated laundry machine retrofits
 Increase in Water Neutrality offsets and direct installs  Rebates for new technologies including gray and black water systems  Enhanced water conservation education and enforcement  Additional sustainable landscape conversions
 Outreach to assist customers on how to properly adjust their irrigation timers  New marketing and outreach campaign focusing on instilling permanent conservation behaviors consistent with the state’s forthcoming framework for “Making Water Conservation a California Way of Life”
 Incorporating limited-term employees as part of the permanent water conservation team to ensure new state requirements and regulations are met, as well as maintaining programs at an effective level
In developing the water conservation plan to reach and maintain self-sufficiency, the City evaluated the potential for further water efficiency and conservation in all customer sectors. This included an assessment of the current level of water fixtures in the city, as well as identifying where the greatest opportunity for reducing water consumption existed. Based on this analysis, a program plan was developed to reach the City’s longterm objectives via existing and new conservation programs.

Table 2 shows the projects planned over the next five years including the number of activities for each program such as number of rebates, consultations and direct installation of water efficient fixtures to replace inefficient fixtures in existing buildings

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throughout the city. The projected number of activities is based on historical participation, available market of opportunity, and strategic community engagement campaigns to increase programs over multi-year periods. The table also includes the estimated water savings and total costs from 2018 through 2023 when water selfsufficiency is expected to be reached.

Table 2: Summary of Optimal Water Conservation Programs and Results Measure Customer Class Total Activities
2018-2023
Total Water Savings (AF)
2018-2023
Rebates, Single Family
(i.e. clothes washers, landscape, soil sensors, toilets, irrigation) Single Family 4,660 286 Water Use Consultations, Single Family Single Family 720 58 Graywater System Incentive Single Family 60 1
Direct Installs, Single Family
(i.e. 0.80 gpf toilets, water neutrality) Single Family 0 0 Direct Installs, Multi-Family
(0.80 gpf and 1.06 or less gpf toilets) Multi-Family 3,750 124 Rebates, Multi-Family
(i.e. high-efficiency clothes washers, landscape, toilets) Multi-Family 1,475 94 Water Use Consultations, Multi-Family Multi-Family 750 90 School Education Program Institutional 2,090 14
Direct Installs, Santa Monica Malibu Unified School District (i.e. 0.80 gpf and 0.125 gpf toilets and urinals, water neutrality) Institutional 537 9 Santa Monica Malibu Unified School District Weather Based Irrigation Controller Incentive Institutional 22 21
Santa Monica Malibu Unified School District Landscape
Incentive Institutional 9 8
Rebates, Commercial & Institutional
(i.e. ice machines, toilets, urinals, toilets, irrigation) Commercial & Institutional 1,792 260 Direct Installs, Commercial & Institutional
(i.e. toilets and urinals) Commercial & Institutional 3,280 517 Water Use Consultations, Commercial & Institutional Commercial & Institutional 300 45 Performance Pays Commercial & Institutional 4 9
Soil Moisture Sensor Rebates Multi-Family, Commercial & Institutional 75 7
Water Saving Devices - Faucet Aerators All 9,240 328
Water Saving Devices - Showerheads All 4,200 160
Community Outreach & Education All 16 1
Pilot Projects All 2 2
Total 32,982 2,034
The financial summary of the Optimal Conservation Plan is provided in Table 3.

Table 3: Financial Summary of Optimal Water Conservation Plan Average Water Savings (AFY)
610
Cost of Savings per Unit Volume ($/AF)

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$708
Modeling of the water conservation plan was purposefully conservative and only includes expected water demand reductions directly related to City efforts. Therefore, the projected demand reductions do not include the potential savings from efficiency improvements in California State Plumbing Codes known as “passive conservation.” Passive water conservation is achievable through non-City sponsored programs, such as maximizing current plumbing code enforcement, landscape ordinances, natural fixture replacement rates, as well as future local and state regulations and codes. This includes the impact and enforcement of the legislation, California SB 407, requiring noncompliant plumbing fixtures in any single-family residential and multi-family residential, and commercial properties to be replaced by the property owner with waterconserving plumbing fixtures.

Through the currently established programs, proposed new programs, and passive conservation, it is estimated that the City can reach 99 GPCD by 2025 and 96 GPCD by 2030. These efforts would result in an estimated additional annual savings between 680 acre-feet (AF) per year by 2025 and as much as 1,000 AF per year in 2030. The City allocates funding for conservation within the water fund annual operating budget; no additional funding would be required to implement the Optimal Conservation Plan. Staff will return during the Five-Year Rate Study to present long-term staffing options for the recommended Optimal Conservation Program.

Component 2 - Alternative Water Supplies (35% Reduction in Imported Water Purchases)
To further diversify the City’s water supply portfolio and increase overall resilience, three alternative water supply projects are proposed and collectively offset imported water purchases from MWD by 35 percent (see Figure 4). These projects include:
 Increase recycled water production through the Sustainable Water Infrastructure Project (SWIP), upgrading the existing Santa Monica Urban Runoff Recycling

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Facility (SMURRF) and constructing a new Advanced Water Purification Facility (AWPF) that provides a drought resilient, local water supply. The increase in recycled water production from SMURRF would offset imported water purchases from MWD by approximately 4% (approximately 560 AFY).
 Recharge local groundwater aquifers in the Olympic Sub-basin to maintain sustainable yield pumping levels with purified water from the SWIP’s AWPF. The purified water from the AWPF would offset imported water purchases from MWD by approximately 7% (approximately 1,100 AFY).
 Upgrade the City’s Arcadia Water Treatment Plant (WTP) with new technology to increase overall production. Closed Circuit Reverse Osmosis (CCRO) would be added to the Arcadia WTP to treat the Reverse Osmosis concentrate waste stream, which is currently discharged to the sewer system, and increase the overall treatment efficiency at the Arcadia WTP to approximately 90 percent, or greater. The addition of CCRO at the Arcadia WTP would offset imported water purchases from MWD by approximately 8% (approximately 1,200 AFY).

The SWIP project is a major component of the alternative water supply for the City as it will provide a sustainable and drought resilient water supply by providing purified water to recharge local groundwater aquifers. In return, the aquifer recharge that will be provided by the SWIP will allow the City to maximize groundwater pumping, within sustainable yield limits, from the Olympic Sub-basin.

Component 3 - New Local Groundwater Production (25% Reduction in Imported Water Purchases)
To offset the remaining imported water purchased from MWD, local groundwater production would need to be increased to reduce imported water purchases from MWD by 25% and resiliency measures implemented to maintain reliable production.

Staff developed and analyzed seven scenarios to expand the City’s groundwater production and carefully vetted each scenario internally and with outside industry experts. The seven scenarios were compared based on project feasibility, capital, and operation cost, and are summarized in Attachment C. All scenarios evaluated assume

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that the Optimal Conservation Plan is implemented. Of the seven scenarios evaluated, Scenario 1 - Expansion of Arcadia WTP with Closed Circuit Reverse Osmosis (CCRO) combined with a Separate Olympic Sub-basin Pipeline and Treatment at the Arcadia WTP site is recommended. Scenario 1 combined with the Optimal Conservation Plan is the most cost-effective solution to achieve self-sufficiency and maximize local water resources. Scenario 1 includes the following elements:
 Expansion of the Arcadia WTP, including CCRO technology (as discussed under component 2 - alternative water supplies), to increase treatment capacity and accommodate future 2040 water demands.
 Acquisition of a new groundwater well to enhance resiliency.  Olympic Sub-basin Restoration:
o A new pipeline separating Olympic Sub-basin water, conveying it independently to the Arcadia WTP, thus requiring a smaller treatment facility at the Arcadia WTP to remove contaminants in the Olympic Sub-basin.
o Separate contamination treatment facility at the Arcadia WTP for the Olympic basin.

Expansion at Arcadia WTP
To support development of alternative water supplies and restoration of the Olympic Sub-basin, treatment capacity expansion and plant upgrades are required at the Arcadia WTP to support an overall increase in water production and enhance resiliency to achieve water self-sufficiency. The Arcadia WTP is currently capable of treating up to approximately 11,300 AFY (10 million gallons per day [mgd]) and produce 9,900 AFY (8.9 mgd) of treated water (approximately 82% recovery or efficiency). The proposed expansion and addition of new technologies to increase production efficiency at the Arcadia WTP will increase its treatment capacity to approximately 14,700 AFY (13 mgd) and produce 13,400 AFY (12 mgd) of treated water (approximately 92% recovery or efficiency). The proposed improvements for expanding production capacity at the Arcadia WTP and enhancing water supply resiliency include:

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 Acquire an additional groundwater well to enhance resiliency and maintain production during routine maintenance or unforeseen downtimes of groundwater wells, while aggressively pumping within the sustainable yield.  Install new CCRO to increase overall plant efficiency to 90 percent or greater (as discussed previously under component 2 - alternative water supplies).  Expand capacity (e.g., pumps, blowers, cartridge filters, etc.) of the Arcadia WTP to accommodate increased groundwater production and new technologies (e.g., CCRO described in Component 2).

Olympic Sub-basin Restoration
The Olympic Sub-basin plays a key role in achieving the City’s water self-sufficiency goal as it could provide up to 3,200 AFY of groundwater and is also the location where purified water from the SWIP will be recharged to sustain this pumping rate. However, the Olympic Sub-basin contains several contaminants that would require additional treatment to meet drinking water standards. The key contaminants in the Olympic Subbasin include: 1,2,3-Trichloropropane (1,2,3-TCP), 1,4-Dioxane, trichloroethylene (TCE), and tetrachloroethylene (PCE). Drinking water regulations, or maximum contaminant levels (MCL), have been in place for TCE and PCE prior to January 2018, and regulations for 1,2,3- TCP were established after January 2018 which required further treatment analysis. 1,4-Dioxane is currently on the State of California’s drinking water Notification Level (NL) list, which is a health-based advisory level and not an MCL. It is anticipated that the NL of 1 microgram per liter (g/L) or part per billion (ppb) for 1,4-Dioxane will likely become an MCL in the near future (within next 5 years).

Further analysis of treatment options for the Olympic Sub-basin was required due to a recently established drinking water regulation that established a MCL for 1,2,3 TCP at 5 parts per trillion (ppt), and additional data on 1,4 Dioxane was available to refine the treatment analysis to determine if the current 1 ppb NL (anticipated future MCL) could be met once full production of the Olympic Sub-basin is restored. The Olympic Subbasin treatment analysis was performed by an outside consultant, Black & Veatch. Key findings of the treatment analysis are listed below:

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 1,2,3-TCP was only detected at one well, SM-4, and the MCL of 5 ppt could be met through blending with other wells at full production capacity.  1,4-Dioxane is present in all three wells (two existing and one future) and could limit groundwater production from the Olympic Sub-basin to 845 AFY or approximately 25% of the basin’s total sustainable yield.
 Other contaminants, TCE and PCE, do not impact groundwater production from the Olympic Sub-basin as they would be removed through existing treatment processes at the Arcadia WTP.

To maximize groundwater production from the Olympic Sub-basin and comply with regulation on the key contaminants of concern, the following improvements are recommended:
 Increase groundwater pumping from existing wells (SM-3 and SM-4), complete equipping and permitting of one recently installed new well (SM-8) and install a replacement well (SM-9) to increase local production from this sub-basin to ~3,200 AFY within sustainable yield levels. Please note that purified water from the SWIP will be used to recharge the Olympic Sub-basin that helps maintain the sustainable yield levels by supplementing naturally available groundwater within the sub-basin.

Design and procurement efforts are currently underway, and the well projects were previously approved by Council in the FY 19-20 Capital Improvement Budget.  Construct a new pipeline to separate Olympic Sub-basin groundwater from Charnock wellfield groundwater for separate treatment at the Arcadia WTP, primarily to target removal of 1,4 Dioxane. This reduces the amount of water needing treatment since only the Olympic Sub-basin flows (3,200 AFY) contain 1,4 Dioxane.

If the flows are not separated, 14,700 AFY (Olympic + Charnock) would need to be treated.
 Construct a new contamination treatment facility for only the Olympic Sub-basin flows to remove 1,4 Dioxane, 1,2,3-TCP, TCE, and PCE at the Arcadia WTP site.

The proposed treatment train consists of the ultraviolet light advanced oxidation

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process and granular activated carbon. With the new contamination treatment facility and increased production efficiency (90-92% recovery) at the Arcadia WTP, approximately 2,900 AFY of treated water will be produced from the 3,200 AFY extracted from the Olympic Sub-basin. The new contamination treatment facility will provide high-quality drinking water that meets current and future regulatory standards.

Sustainable Yield Update
The sustainable yield from the Santa Monica Groundwater Basin is a critical component to ensure overall groundwater production is within sustainable limits of the basin and could support the proposed projects described above on an ongoing basis. A preliminary Sustainable Yield Analysis, (SYA), prepared by Richard C. Slade & Associates (Slade) in 2017, was presented to Council in January 2018. Since then, additional work was performed to refine and update the SYA. Additional work included the Coastal Sub-basin Exploratory Boring Program and a digital elevation mapping study that analyzed the potential recharge from the nearby mountain front. The updated report contains findings from this recently completed work as well as 2017 data regarding rainfall, geology, static water levels in key wells, and groundwater withdrawals from active City wells and other known private well owners (Attachment D). The updated SYA estimate from Slade’s analysis for the Santa Monica Basin is between 11,800 and 14,725 AFY.

To substantiate the assessment conducted by Slade, City staff contracted with consultants from ICF to perform a separate estimate of the sustainable yield using a water-balance approach. This method compares the amount of water that recharges into a basin (inflow) from a wide range of sources (natural and anthropogenic), with the amount of water leaving the basin (outflow) from losses caused by pumping, evapotranspiration, basin outflow, etc. ICF’s assessment also considered findings from both the digital elevation mapping and Differential Interferometric Synthetic Aperture Radar Study (DInSAR) studies, presented to Council in January 2018. Based on ICF’s water-balance approach, average sustainable yield was estimated to be between

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11,416 AFY to 13,722 AFY. The similarity of the sustainable yield estimates developed by Slade and ICF using different modeling methods provide a strong level of confidence that the City can use local groundwater resources in an ongoing manner into the future without negatively impacting the basin or creating overdraft conditions.

It should be noted that the estimates developed by Slade and ICF are conservative and do not include a sustainable yield estimate for the Crestal Sub-basin. In addition, all estimates of sustainable yield are transitory due to myriad associated climatic and hydrogeologic factors that are constantly in flux. The State legislature enacted the Sustainable Groundwater Management Act (Water Code sections 10720 et seq.)("SGMA"), which became effective on January 1, 2015. A portion of the 50-square mile Santa Monica Basin that underlies Santa Monica has been designated by the Department of Water Resources as a "medium-priority" groundwater basin. Any groundwater basin designated as medium-priority must be managed under a groundwater sustainability plan (“GSP”) adopted by a local groundwater sustainability agency and approved by the Department, by January 31, 2022. In light of SGMA, further analysis will be required to determine if future demand will exceed what could be sustainably pumped from the basin. If it is determined that the City’s plans to extract more groundwater is not supported in the approved draft of the GSP, then the City may be precluded from withdrawing groundwater in excess of the then-projected sustainable yield and the City would need to continue purchasing imported water from MWD to meet its potable water demand. The potential limitations on future groundwater withdrawals from the City’s active sub-basins indicate that the City’s approach of pursuing nonconventional resources, indirect potable reuse via aquifer recharge, additional water supply wells in the Coastal sub-basin, replacement of underperforming wells, increasing treatment efficiency at the Arcadia Water Treatment Plant, and continuing conservation efforts are necessary for the City to achieve and sustain its long-term objective of independence from imported water. Future updates of the SYA and numerical models will further refine the sustainable yield for the basin. Going forward, the City is planning to update the SYA approximately every two to three years. Future updates will include additional findings from work being conducted jointly with the US Geological Survey (USGS) and an ongoing climate stress test evaluation by the Rand Corporation. The

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City plans to produce groundwater within the upper limit of the estimated sustainable yield, while taking into consideration two irrigation pumpers in the Arcadia Sub-basin and one in the Crestal in addition to one diminutive residential irrigation well.

Summary of Proposed Plan to Achieve Water Self-Sufficiency The three components proposed in the SWMP will help the City achieve water selfsufficiency by 2023 and eliminate the City’s reliance on imported water purchases from the MWD. The projected makeup of the City’s water supply portfolio is summarized in Figure 5, and contribution from each component to the City’s total water supply is provided in Table 4. The location for each of the three components is provided in Figure 6, and the synergy and inter-relationship between each component is illustrated in Figure 7. Achieving water self-sufficiency through a diversified water supply portfolio also provides the City with greater cost control over water rates as compared to the continued purchase of imported water from the MWD. As noted previously, approximately 1 percent of the water supply would continue to be made up of imported water purchased from the MWD as periodic circulation is required to maintain the supply line as an emergency backup for the City.

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New Local
Groundwater
13%
Imported Water
(MWD)
1% Alternative Water
Supply - Purified
Water (Recharge)
Alternative
Water Supply -
Recycled Water
Alternative Water Supply -
Production Efficiency
Conservation
20%
Local Groundwater
47%
WATER SELF-SUFFICIENCY BY 2023
New Local Groundwater Imported Water (MWD)
Alternative Water Supply - Purified Water (Recharge) Alternative Water Supply - Recycled Water Alternative Water Supply - Production Efficiency Conservation Local Groundwater
Alternative
Water Supply
19%
Figure 5: A Sustainable and Drought Resilient Water Supply Portfolio Achieved through Self Sufficiency

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Table 4: Summary of Water Supply Contribution from Each Self-Sufficiency Component Water Self Sufficiency Component Estimated
Water Supply
Contribution
by 2023 (AFY)
%
Reduction
in Imported
Water
Estimated
$/AFY
Component 1 - Conservation
Optimal Conservation Plan 3,100 38% $708
Component 2 – Alternative Water Supplies
Recycled Water from SMURRF 560 7% $4201
Purified Water from SWIP to
Recharge Olympic Sub-basin
1,100 13% $1,0171
Increase Production Efficiency at
Arcadia WTP
1,200 15% $1,0711
Component 3 – New Local Groundwater Production
Arcadia WTP Expansion and
Resiliency Enhancement2
N/A N/A $7051
Olympic Sub-basin Restoration 2,100 26% N/A3
Subtotal 8,060 99%
Existing Water Resources
Existing Local Groundwater
(2023 projected costs)
7,330 $1,100
Imported Water from MWD
(to maintain for emergency use, 2023
projected costs)
170 $1,248
Subtotal 7,500

TOTAL WATER
RESOURCES (2023)
15,560
1Estimated year 1 cost when project is complete and includes savings from avoided imported water purchase cost
2Aracadia WTP upgrades to accommodate increase in production efficiency and Olympic Sub-basin Restoration
3Olympic Sub-basin Restoration will be paid for through settlement funds

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• Recharge with SWIP
• Production Efficiency and Capacity
Expansion at Arcadia WTP
• Separate Olympic Pipeline +
New Treatment
• CBI Tank
• SWIP
Well Acquisition to
Enhance Resiliency
Figure 6: Project Locations of Proposed SWMP Component Toward Self-Sufficiency

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Figure 7: Synergy between Proposed Water Supply Components to Achieve Self-Sufficiency SWMP Cost Summary and Implementation Schedule
A cost summary for the proposed SWMP components to achieve self-sufficiency by 2023 is provided in Table 5. The funding required to complete the capital projects increasing local water supplies and enhance water supply resiliency is $38 million. A Five-Year Rate Study (2020-2024) is currently underway and will present funding solutions to cover these costs. It is projected that the components of the proposed SWMP may be funded primarily through the issuance of water revenue bonds (approximately $34.75 million), with the debt service on the bonds incorporated into water rates, and from a contribution from the Wastewater Fund (approximately $3.25 million). Staff will return to Council in spring 2019 for a rate study session. An additional $64 million from existing water-contamination settlement funds would be used for restoring the Olympic Sub-basin, which would allow additional water production from

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that sub-basin to support water self-sufficiency. The Olympic Sub-basin restoration cost includes an approximate, one-time $20 million capital expenditure for treatment systems and 30 years of ongoing operation and maintenance for an additional $20 million. Based on current modeling projections by ICF, over 80% of the Olympic Sub-basin will be remediated within the first 30 years; however, the Sub-basin may not be completely restored. Thus, the remaining balance in the settlement fund ($24 million) should be reserved to address any contamination that may still be present after 30 years or any new regulations that may impact use of the Olympic Sub-basin. A more detailed discussion on recommended budget appropriations is provided below.

Table 5: SWMP Cost Summary for Proposed Components to Achieve Self-Sufficiency Unfunded Projects Additional Cost
Arcadia WTP: Expand Capacity and Production Efficiency
Enhancement
$30M
Additional Well and Improvements: Increase Resiliency and Ground Water Production
$8M
Olympic Sub-basin Restoration, Capital Improvements and 30 years of Operations and Maintenance
$40M
Olympic Sub-basin Restoration Reliability Reserve $24M
Total: $102M
Implementing the SWMP and reaching water self-sufficiency by 2023 entails numerous capital projects that are interrelated. An overview of the proposed implementation schedule is provided in Figure 8. Several well projects (SM-8, SM-9 and injection well) were approved by Council on July 11, 2017 and on June 12, 2018 and are on track to be completed by 2021 (Attachments E and F, respectively). A portion of the projects are in the City of Los Angeles and require installation of pipelines. Construction and permitting of pipelines in the City of Los Angeles will take time and was considered in the schedule. The design, construction, and permitting of improvements at the Arcadia WTP, including efficiency upgrades, are expected to be completed in 2023 if procurement starts in December 2018. A schedule contingency of approximately six months has been included to account for unforeseen conditions or new regulations that could impact the plan implementation.

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Figure 8: Proposed Implementation Schedule to Achieve Self-Sufficiency by 2023 Alternatives to Water Self-Sufficiency
The proposed SWMP components summarized above are a considerable investment towards the City’s future resiliency and achieving water self-sufficiency by 2023. In consideration of the capital investment and impacts to water rates, staff has also evaluated potential alternatives to reduce capital expenditures to potentially provide relief to potential water rate increases (to be confirmed in the Five-Year Rate Study for 2020-2024). A summary of potential alternatives that may reduce upfront capital investment compared to the proposed water self-sufficiency plan is provided in Table 6.

The capital cost summarized in Table 6 for each alternative is the capital cost that needs to be funded and does not include the $64 million in settlement funds that will be used for the Olympic Sub-basin restoration. For all alternatives, it is assumed that the Olympic Sub-basin restoration will be implemented. A brief description on which component is implemented and its associated capital cost to be funded is provided.

Staff also considered delaying self-sufficiency goal to beyond 2023 and delaying capital expenditures to ease rate increase over the next five years. However, delaying implementation may result in increasing overall project cost due to inflation and negate

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any potential up front capital savings. The alternatives summarized in Table 6 only consider reduction in upfront capital cost and do not include projected increase of imported water purchase from MWD (estimated to be at 5% annual increase), which will ultimately be more expensive than locally produced water.

Table 6: Summary of Alternatives Considered for Self-Sufficiency Alt. No. Alternatives
Description
Capital
Cost3
Locally Sourced
Water +
Conservation
Imported
Water
Purchase
from MWD
Staff
Recommended
Plan
99% water selfsufficiency1 Component
1 - Conservation
Component 2 -
Alternative Water
Supplies Component 3 -
New Local Groundwater
$38M 11,730 AFY
(Existing Arcadia
WTP + Olympic)
3,100 AFY
(Conservation)
560 AFY
(Recycled
Water)2
170 AFY
1 87% water selfsufficiency1 Implement
only SWIP and Olympic
Sub-Basin Restoration.

Acquire new well to
enhance resiliency at
Arcadia WTP. No
expansion and
production efficiency
enhancements at Arcadia
WTP
$8M 9,900 AFY
(Existing Arcadia
WTP + Olympic)
3,100 AFY
(Conservation)
560 AFY
(Recycled
Water)2
2,000 AFY
2 90% water selfsufficiency1 Implement
SWIP, Olympic
restoration, and
expansion at Arcadia
WTP. No production
efficiency enhancements
at Arcadia WTP. Results
in loss and negative
impact to treatment
resiliency.
$21M 10,500 AFY
(Existing Arcadia
WTP + Olympic)
3,100 AFY
(Conservation)
560 AFY
(Recycled
Water)2
1,400 AFY
3 94% water selfsufficiency1 Implement
SWIP, Olympic
Restoration, expansion
$30M 10,900 AFY
(Arcadia WTP +
Olympic) 3,100
AFY
1,000 AFY

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and production efficiency
upgrades at Arcadia
WTP. Do not acquire a
new well to enhance
resiliency.
(Conservation)
560 AFY
(Recycled
Water)2
1Percentages are based on year 2023 projected demand. 2560AFY of recycled water to be available in 2023, but actual usage of full capacity may not be until 2040. 3Excluding Olympic Sub-Basin restoration cost, which is funded through settlement funds and SWIP capital costs as it is already funded through a low interest loan from the State of California.

The alternatives evaluated by staff are simply presented as scenarios to reduce capital expenditures over the next five years but does not provide a complete solution to achieve the City’s water self-sufficiency goal.

Funding Recommendations to Achieve Water Self-Sufficiency A financial analysis for the plan outlined in this report to achieve water self-sufficiency was conducted by staff. The financial analysis includes comparing the future cost of imported water to the projected cost of locally produced water over a 30-year period.

This analysis excluded the Olympic Sub-basin restoration costs, as the recommended funding source would be from groundwater settlement funds received by the City from outside sources to cover the costs for remediating the contaminants in that sub-basin. In summary, locally produced water from the recommended SWMP components outlined in this report is projected to cost between $400/AFY to $1,100/AFY, which is less than the expected cost to purchase imported water from the MWD at $1248/AFY in 2023.

Please refer to Table 5, presented previously, for a detailed breakdown on the cost per acre-foot for each local water supply component. A comparison of the projected cost differential between the purchase of imported water from the MWD and production of locally produced water is provided in Table 7. With locally produced water cheaper than imported water costs, the components outlined in the SWMP to achieve water selfsufficiency by 2023 are a positive investment toward the future of the City. Ratepayers will benefit from the implementation of these projects, thus keeping local water costs low compared to the ongoing cost increases for imported water. Not only does the proposed SWMP provide a sustainable and drought resilient water supply for the City, it would also benefit the ratepayers with greater control over future water rates compared with

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imported water rates that are projected to increase at a higher rate and are outside the City’s control.

Table 7: Future Estimated Imported Water Cost (increased at 5%) Compared to Projected Locally Produced Water Cost. Assuming Efficiency (CCRO) technology is installed and 2,800AFY is produced.

As noted previously, staff recommends a combination of bonding and use of settlement funds to fund the capital projects supporting water self-sufficiency and the Olympic Subbasin restoration.

Water Revenue Bond: A rate study is currently being conducted through October 2019 to set water and wastewater rates for calendar years 2020 to 2024. The rate study will address options to support the costs of this plan. A possible funding solution, to be confirmed in the rate study, is the issuing of a 30-year water revenue bond totaling approximately $34.75 million to increase local water supplies and enhance resiliency as outlined in the SWMP. The remaining $3.25 million would be contributed from the Wastewater Fund due to joint property use. The $34.75 million in bonds would cover new well acquisition, treatment capacity expansion and implementation of new

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technologies to enhance production efficiency at the Arcadia WTP, and other supporting infrastructure upgrades. The Water Fund would need to cover an annual payment of approximately $2.2 million over the next 30 years to fund the projects outlined in the SWMP. Assuming a bond is issued, Figure 9 illustrates projected annual savings from avoiding imported water purchases and estimated annual bond repayments. In year 2036, where the two lines cross, the City will start saving money for rate payers on an annual basis. This analysis assumes imported water cost from MWD will increase at an annual rate of 5%. The total money borrowed is estimated to be offset by cumulative savings in the year 2048.

Figure 9: City’s Projected Annual Savings due to Local Water Production in lieu of Import Water Purchases, compared to the Payments (debt service) for a 30 Year Bond.

Settlement Funds Usage - The current balance of Gillette/Boeing funds available to program is $64.1 million. This balance includes $11.1 million transferred and currently

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available in the Water Fund as authorized by Council on January 9, 2018 and $53.0 million in the General Fund. Staff recommends transferring $53.0 million from the General Fund to the Water Fund to be used to restore the Olympic Sub-basin.

Additionally, to satisfy the settlement agreement, Boeing still owes the City three payments totaling $11.0 million. Staff recommends depositing these funds directly into the Water Fund.

Approximately $20 million would be used to construct a new treatment facility to remove the contaminants currently present in the sub-basin and $20 million would be reserved for operation and maintenance costs of the treatment facility related to restoration of the Olympic Sub-basin over a 30-year period. Due to uncertainty with the Olympic Subbasin restoration after 30 years, staff recommends setting aside the remaining $24 million of Gillette/Boeing funds as a reliability reserve. The remaining $11.0 million that has been previously transferred to the Water Fund, is currently being used for groundwater modeling, monitoring, and reporting in support of Olympic Sub-basin remediation.

With the proposed injection of advanced purified water from the SWIP into the Olympic Sub-basin, staff will revisit this timeframe and report back to Council in the future once recharge operation begins.

Grants - Staff will identify and apply for state and/or federal grants to help offset the $38 million capital investment and return to Council in early 2019 with resolutions required for grant applications if available for the proposed projects. Staff has engaged a grant consultant to assist in the process. Grants being considered are:
 MWD, Local Resources Program
 California Department of Water Resources, Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1).

Previously Authorized Water Rate Increase

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On February 24, 2015, the City Council adopted Resolution Number 10867 (CCS) to authorize water rate increases over a five-year period, beginning March 1, 2015.

The five-year water increase schedule was adopted after Council’s consideration of a rate study conducted by Kennedy Jenks Consultants. Resolution Number 10867 (CCS) also contained a provision, giving Council flexibility to approve a suspension of each annual increase, in whole or part, beginning with the 9% scheduled increase for January 1, 2016. This resolution was adopted without a majority protest, following a noticed public hearing in accordance with Proposition 218. Since adoption of this resolution, Council has partially suspended the full increases authorized for 2016-2018, and instead approved 5% increases for each of those years due to:
 Actual water sales revenues exceeded expectations during 2015 to 2017.  Actual operating and capital expenditures lower than expected. Resulting savings were applied to conservation programs, water main replacements and partially suspending planned 9% annual rate increases to more modest 5% increases.

State of the Water Fund and Forthcoming 2019 Rate Adjustment Justification Staff will return to Council on January 8, 2019 for a public hearing and to obtain authorization for the full 9% water rate increase previously approved by Council on February 24, 2015 for calendar year 2019. If approved this would result in a monthly increase of $4.33 to average single-family customer. This is the final year of a five-year rate adjustment cycle approved via resolution as mentioned above.

A summary of rate increases from 2015 is provided in Table 8.

Table 8: Rate Increase History
Calendar
Year
2015 2016 2017 2018 2019
Effective Date March 1,
2015
January
1, 2016
January 1,
2017
January 1,
2018
January 1,
2019
Maximum
Authorized
Increase
9% 9% 9% 9% 9%

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Actual
Increase*
9% 5% 5% 5% 9%**
Date Actual
Increase
Authorized
February
24, 2015
February
23, 2016
November 22,
2016
January 9,
2018
**public
hearing on
January 8,
2019
The full implementation of the 9% previously authorized adjustment would be sufficient to allow the City to:

A) Deliver potable water to Santa Monica customers reliably, safely and sustainably in compliance with federal and state regulations.

B) Fund operating and capital budgets that are necessary to implement the City's self-sufficiency goals to encourage water conservation and sustainability, as contemplated in the City's 2014 water rate analysis.

C) Continue to implement infrastructure improvements associated with replacing aging existing infrastructure facilities comprised of water mainlines that are approaching the end of their useful lives.

The 9% rate increase would provide sufficient funding to complete the following capital projects as contemplated in the City's 2014 water rate analysis and to continue progress toward the City’s water self-sufficiency goal:

1. Additional capacity improvements, which include Preliminary Design for the Arcadia Treatment Capacity Expansion and Enhancement Project - $3.18 million in FY 2018-19. As noted in the prior section, the design would upgrade pumps, blowers, cartridge filters, and other equipment at the treatment plant to accommodate increased groundwater production and new technologies. The design would also incorporate a new process (CCRO) to increase overall plant efficiency to 90% or greater (as discussed previously under component 2 - alternative water supplies.

2. New Groundwater Resiliency Well - $6,825,000 in FY 2018-19 for acquisition of a new groundwater well to enhance resiliency. Also limit future exposure to imported water.

3. Water Main Replacement Cost Escalation - an increase of $2,000,000 starting in FY 19-20. The rate increase is necessary to fund the sharp increase observed in

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water main replacement construction costs. Water main contract awards in 2017 and 2018 have returned bids of $600 to $700 per linear foot in the current highcost construction environment. These costs have increased from a prior $400 per linear foot estimate. The budget was established at $4 million per year. However, staff is now estimating a need of $6 million per year to implement the recommended 100-year water main replacement cycle (2 miles replaced per year for the City’s 205-mile water main system. Maintaining a $4 million per year budget would only yield replacement of 1.1 to 1.25 miles of pipeline per year, thus increasing the replacement cycle from 100 years to approximately 160 to 190 years. Staff recommends staying on a 100-year replacement cycle to maintain operational reliably.
 Council approval of the full 9% rate increase would also help fund the following ongoing operational expenditures:
1) Metropolitan Water District (MWD) of Southern California - $5 million per year from FY 2020-21 to FY 2022-23 (additional $8.7 million) to ensure sufficient funding for imported water deliveries prior to achieving water self-sufficiency. 2) City Yards Master Plan - Required contribution from the Water Fund for upgrades to City Yards - $4 million modeled, actual costs to be determined.

As noted above, staff will return to Council on January 8, 2019 with a recommendation that Council adopt the full 9% rate increase for calendar year 2019 as previously authorized in 2015. The staff report will include a detailed justification for the 9% rate increase as well as a 10-year fund forecast, cost comparison with other water agencies and an analysis of impacts to ratepayers.

Funding Summary
Table 9 provides a summary of funding recommendations to implement the SWMP. As noted above, staff also recommends that Council approve funding for three Capital Improvement Program (CIP) projects, which would commence in FY 2018-19:

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 Arcadia Capacity Expansion and Enhancement Project, Preliminary Design ($3,180,000)
 New Groundwater Resiliency Well ($6,825,000)
 Olympic Wellfield Restoration Design ($1,800,000).

Table 9: Funding Summary
Settlement
Funds
Available for
current
remediation
and O&M for
next 30 years
Settlement
Funds
Available for
Future Reserve
(Olympic subbasin
Restoration)
Water
Bond
Amount
(pending
ongoing rate
study)
Est. Annual
Bond Payment
(30 yrs):
$40 million $24 million $34.75 million $2.2 million
Task Force on the Environment and Water Advisory Committee Actions Findings of the Sustainable Yield Analysis, Sustainable Water Master Plan Update and proposed projects, cost and schedules were presented to the Task Force on the Environment on March 19, June 18, and October 15 and to the Task Force on the Environment Water Subcommittee on November 19, 2018. Similar updates were presented to the Water Advisory Committee on March 5, May 7, June 4, September 5 and November 5, 2018.

Rate Adjustment recommendations were presented to the Water Advisory Committee on November 5, 2018 and at a Task Force on the Environment Water Subcommittee on November 19, 2018. The Water Subcommittee strongly supports the Sustainable Water Master Plan Update and staff’s recommendations.

Financial Impacts and Budget Actions
Approval of the recommended action requires the following:

1. Appropriations to the FY 2018-19 Capital Improvement Program in the Water Fund:

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Account Number Amount
C5007740.689000 - Arcadia Capacity Expansion and
Enhancement Project, Preliminary Design
$3,180,000
C5007750.689000 - Olympic Wellfield Restoration Design $1,800,000 C5007760.689000 - New Groundwater Resiliency Well $3,575,000 Total $8,555,000

2. An appropriation to the FY 2018-19 Capital Improvement Program in the Wastewater Fund
C5107760.689000 - New Groundwater Resiliency Well, Property Joint Use.
$3,250,000
Total $3,250,000

3. $53 million cash transfer of Gillette/Boeing settlement funds from the General Fund to the Water Fund and the corresponding release of the remaining fund balance in General Fund account 1.380237. The cash will be recorded in an interest earning restricted cash account in the Water Fund, Olympic Wellfield Remediation account 50.102442.

4. Transfer of two remediation capital projects, appropriated in previous fiscal years and funded with Gillette/Boeing funds, from the General Fund to the Water Fund to consolidate all budgeted Olympic restoration projects in the Water Fund.

General Fund Account Number Proposed Water Fund
Account
Amount
C019045.589000 Olympic Sub-basin
Remediation
C5005880.689000 $1,909,732
C019067.589000 Olympic Sub-basin Well
Hydrology
C5006050.689000 $1,946,407

5. The following budget items related to Gillette/Boeing water mediation settlement funds were previously taken by Council:

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 On January 9, 2018, Council authorized staff to make an $11,100,000 transfer of Gillette/Boeing settlement funds from the General Fund to the Water Fund for ongoing and future remediation costs associated with polluted groundwater in the Olympic Wellfield (Attachment B). Staff transferred these funds to account 25695.570080 in FY 2017-18.
 On June 12, 2018, Council approved a FY 2018-19 transfer of $2,300,000 of Gillette/Boeing water mediation settlement funds from the General Fund to the Water Fund (Attachment F). This transfer was to fund the projects for the Olympic Wellfield remediation appropriated in the FY 2018-19 Capital Improvement Program.

Account Number Amount
C5007460.689410 City / USGS Monitoring Well & Numerical Flow Model
$1,800,000
C5007260.689410 Redrill Santa Monica Well #3 $500,000
Total $2,300,000

6. Future Gillette/Boeing settlement funds are to be deposited in the Water Fund, and a corresponding receivable shall be established. The liability associated with current and future pollution remediation utilizing Gillette/Boeing funds will be recorded in the Water Fund.

Prepared By: Alex Nazarchuk, Interim Water Resources Manager Approved Forwarded to Council
Attachments:

A. October 28, 2014 Staff Report (Web Link)
B. January 9, 2018 Staff Report
C. Summary of Water Self-Sufficiency Scenarios to Expand Groundwater Production

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D. Updated Preliminary Sustainable Yield Analysis
E. July 11, 2017 Staff Report (Web Link)
F. June 12, 2018 Staff Report (Web Link)

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Report
City Council Meeting: September 26, 2017
Agenda Item: 8.A
1 of 9
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Water Resources Subject: Approval of Sanitary Sewer System Master Plan
Recommended Action
Staff recommends that the City Council approve the 2017 Sanitary Sewer System Master Plan.

Executive Summary
The 2017 Sanitary Sewer System Master Plan (SSSMP) (Attachment A) provides the City with a tool for planning sanitary sewer collection system infrastructure improvements. The primary purpose of this Master Plan is to evaluate the capacity of the City’s existing sanitary sewer system under current conditions and plan for the capacity required by future conditions associated with anticipated development projects, including the Land Use and Circulation Element (LUCE) and the Downtown Community Plan (DCP). In order to analyze the impacts of existing and future sewer flows, a numerical hydraulic model was developed. The analysis found that the City’s sewer system performs well under both existing and future conditions. Existing conditions show a 1% shortfall in sewer flow capacity citywide, and under future build out conditions, only 3% of the modeled pipelines exhibited a capacity deficiency.

The ability of the sewer collection system to meet future conditions with only modest investments in sewer upgrades paid for by development fees means these improvements can be incorporated into the City’s existing $3 million per year sewer main replacement Capital Improvement Program forecast, as presented below.

Description FY
2018/19
FY 2019/20 FY 2020/21 FY
2021/22
FY2022/23
Capacity Improvements $2,000,000 $1,200,000 $1,600,000 $2,000,000 Field Review Services $100,000 $80,000
Pipeline Replacements $900,000 $1,800,000 $1,400,000 $2,920,000 $1,000,000

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TOTAL ANNUAL CIP $3,000,000 $3,000,000 $3,000,000 $3,000,000 $3,000,000 Background
Santa Monica’s wastewater system includes a collection system including gravity sewers, force mains, monitoring stations and a lift station to help convey sewage to the City of Los Angeles’ Hyperion Water Reclamation Plant in El Segundo for treatment and disposal. The City’s sanitary sewer facilities include approximately 152 miles of pipelines, 2,800 maintenance holes, two permanent flow monitoring and sampling stations, and one 26-million-gallons-per-day (MGD) pumping station, referred to as the Moss Avenue Pump Station (MAPS), located at 1623 Appian Way. The City’s sanitary sewer system is shown in Figure 1.

Prior studies included the development of a limited model assessing the capacity of the trunk sewer used to discharge brine (the wastewater produced as a by-product of potable water treatment process) from the City’s water treatment plant into the sewer system at 19th and Broadway (2011), and a Sewer System Management Plan (2012) which addressed sewer system organization and management, operations and maintenance, overflow response plans, and water quality monitoring programs. The last comprehensive Sewer Master Plan for the system was conducted in 1992. The findings and recommendations of the 1992 Master Plan were mostly not implemented, however, as the 1994 Northridge Earthquake caused considerable damage to the sewer system, after which approximately 80% of the system was rebuilt and rehabilitated.

Discussion
This 2017 Sanitary Sewer System Master Plan (SSSMP) was prepared to reflect current conditions in the City and anticipated future developments coincident with the LUCE and DCP planning horizons of year 2030, and to provide the City with a tool for planning improvements needed for sanitary sewer collection system infrastructure. The Downtown Community Plan EIR includes mitigation measure MM U-4 which states: “In addition to the improvements to the water delivery system described in the MM U-1, the City shall ensure adequate financing for funding of infrastructure improvements to the wastewater system. The DPIFP described in MM U-1 shall determine the costs of and establish a funding program for the following capital improvements to wastewater

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conveyance as needed to serve the demands of new projects occurring under the Downtown Community Plan.”
The primary purpose of this planning document is to evaluate the capacity of the City’s sanitary sewer system under current conditions and plan for any necessary improvements in capacity to accommodate anticipated new development in the City.

These improvements would be implemented within the City’s Capital Improvement Program (CIP).

To fully assess existing conditions in the sewer collection system and plan for the future capacity needs of the sanitary sewer system, future flow estimates incorporate the changes in sanitary flows that would be generated by anticipated development and the additional water that enters the sewer system from storm-related events. The additional sanitary sewer flows associated with these development projects are derived by applying the applicable sewer discharge factors for the land use types and densities of each planned development project. Future development projects and their status in the development process are depicted graphically on Figure 2. Based on these factors, future average dry weather flows are projected to increase from 14.4 million to 16.5 million gallons per day (MGD), an increase of approximately 14 percent. About half of this increase is projected to occur in the downtown area.

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9 Figure 1
Figure 2

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Recent and near-term actions planned by the City continue to support the City’s

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sustainability goals and minimize the projected increase of sewage generation related to new development in the City. Foremost among these programs is the recently adopted Water Neutrality Ordinance and the programmatic efforts of the Sustainable Water Infrastructure Project (SWIP). Each of these programs will help in reducing the projected overall increase in sewer flows and are summarized below.

Water Neutrality
In May 2017, the Santa Monica City Council adopted a Water Neutrality Ordinance to require that new development offset water use on site or off site, or alternately, pay the City an in-lieu fee to fund retrofitting of plumbing fixtures offsite. The ordinance would prohibit a new development from exceeding the water use of the existing development on that property. If that requirement could not be met onsite, the excess water demand would have to be offset by reducing the water demand (through fixture replacement) at other sites within the City. Given this water neutrality requirement, much if not all of the projected overall increase in future sewage flow should be offset through this growthfunded plumbing fixture retrofit program.

It should be noted that while this water neutrality program may offset an increase in overall sewage flows, Water Neutrality may still allow for an increase in flows at any specific site. With this program provision, some of the large future developments could still have a substantial point load increase in sewage discharges. To plan for this potential increase associated with these developments and to assure adequate capacity in the sanitary sewer system collection system network, the impact of site specific increases has been incorporated in the hydraulic model. Proceeding in this manner, the assessment included some anticipated impact from new development to reduce the risk of sanitary sewer overflows.

SWIP – Water Reclamation Facility (WRF)
The City of Santa Monica Sustainable Water Infrastructure Project (SWIP) will provide for the treatment and reuse of brackish/saline impaired groundwater, recycled municipal wastewater and stormwater runoff. In addition, the SWIP will help improve the water quality in the Santa Monica Bay by reducing urban runoff into the Bay.

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The Water Reclamation Facility (WRF) component of the SWIP will have the greatest benefit to the City’s sanitary sewer system. The WRF will remove 1 MGD of sewage from the sewer collection system in the area. This will provide additional pipeline capacity and reduce the cost of wastewater treatment and disposal currently charged by the City of Los Angeles.

Assessment Modeling
To support the evaluation of the City’s sanitary sewer system for both existing and future conditions, a hydraulic model was developed. The hydraulic model development activities included a comprehensive review of system data including Geographic Information System (GIS) mapping, Supervisory Control And Data Acquisition (SCADA), NorthStar billing system statistics, sewer flow analysis and allocation, elevation extraction for the model facilities based on survey data, diurnal (daytime/nighttime) pattern assignments, analysis of dry and wet weather peaking factors and model calibration based on flow monitoring data.

The calibrated sanitary sewer system hydraulic model was used to perform a comprehensive capacity analysis of the sewer system under current and future conditions. These modeling simulations determined the adequacy of the system capacity under dry weather and wet weather conditions, and subsequently identified parts of the systems where improvements will be required for anticipated development.

Findings
The analysis found that the City’s sanitary sewer system performs exceedingly well, and there are very limited areas where the hydraulic capacity of the existing sewer system may fall short of the applicable evaluation criteria. These evaluation criteria comprise two factors used in sewer flow analysis in pipelines:
 depth of flow equal to or less than half of the pipe diameter; and  average flow velocity equal to or greater than 2 feet per second.

For maintenance hole performance, surcharge relates to the depth of wastewater in the

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maintenance hole relative to the street elevation in the event of a sewage backup.

Under existing conditions, approximately 1% of the system may experience a capacity shortfall. In utilizing the model to simulate future conditions, the City’s sewer system continues to perform well. In fact, under future conditions, only 3% of the modeled pipelines exceeded the evaluation depth of flow criteria (depth of flow greater than half of the pipe diameter). Although 1% existing and 3% future capacity shortfall results represent a favorable outcome of this analysis, any Sanitary Sewer Overflow which occurs can become an environmental hazard to the coastal environment. By addressing problem areas proactively, spills may be prevented and hazards avoided.

The condition of the existing system and its ability to address future conditions with relatively modest investment lead to a proposed 5-year Capital Improvement Program.

The annual expenditures in the proposed CIP coincide with historical $3 million per year sewer main replacement budgets. In addressing needed improvements in the immediate five-year planning horizon, capacity to serve future conditions will be in place in advance of the build-out of the DCP/LUCE. The proposed five-year CIP schedule is provided below.

Description FY
2018/19
FY 2019/20 FY 2020/21 FY
2021/22
FY2022/23
Capacity Improvements $2,000,000 $1,200,000 $1,600,000 $2,000,000 Field Review Services $100,000 $80,000
Pipeline Replacements $900,000 $1,800,000 $1,400,000 $2,920,000 $1,000,000 TOTAL ANNUAL CIP $3,000,000 $3,000,000 $3,000,000 $3,000,000 $3,000,000 Capacity improvements are those projects identified in the SSSMP, which were found through the hydraulic modeling to be in need of replacement due to insufficient capacity to meet existing and/or future conditions.

Field review services include projects or activities that are needed to further refine the sewer system hydraulic model from additional field investigations, in the form of facility information validation or flow verification, to confirm pipeline and maintenance hole data and obtain new information on actual sewer flow conditions in various areas of the City.

The results of this effort may enable the City to reduce the identified capacity-related

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improvements provided herein.

Pipeline replacements include those pipelines identified through ongoing maintenance activities (e.g., sewer jetting and video inspections) for the annual sewer main replacement program.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Projects identified in the plan will be incorporated into future Capital Improvement Program budgets.

Prepared By: Gil Borboa, Water Resources Manager
Approved Forwarded to Council
Attachments:

A. Sanitary Sewer System Master Plan - Draft - August 2017 B. Powerpoint Presentation

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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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CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ _
Saik-Choon Poh President ________________
10/25/2022
[email protected] 213.407.4467
DRP Engineering, Inc.

Saik-Choon Poh, Curtis Roth
Saik-Choon Poh, Curtis Roth

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Report
City Council Meeting: November 15, 2022
Agenda Item: 5.D
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Authorize the Procurement Manager to issue purchase orders for the purchase of various replacement vehicles
Recommended Action
Staff recommends that the City Council:

1. Authorize the Procurement Manager to issue a purchase order with Tennant Company for the purchase of six scrubbers for the Public Works Department.

This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $936,260;

2. Authorize the Procurement Manager to issue a purchase order with Nixon-Egli Equipment Co. for the purchase of one DZero Plus Electric Sidewalk Sweeper 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 a total amount not to exceed $385,032;

3. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group for the purchase of one bin truck for the Public Works Department and two sports utility vehicles (SUVs) for the Records and Election Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(c) and is for a total amount not to exceed $188,557; and

4. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Centers (DBA Velocity) for the purchase of two front loader trucks 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 a total amount not to exceed $991,110.

Summary
Various divisions in the City provide essential services that maintain clean and safe neighborhoods and open spaces for Santa Monica’s residents, visitors, and City staff.

These operations rely on fleet vehicles and equipment. Many of these vehicles are

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aging. To ensure reliable operations, provide uninterrupted service to the community, and reduce downtime and maintenance costs, staff recommends purchasing twelve vehicles and equipment based on competitive contract pricing available to government agencies.

Discussion
The Fleet Management Division is responsible for ensuring the City’s diverse fleet of over 700 vehicles are available, dependable, meet the highest environmental standards for a sustainable fleet, and are safe to operate from acquisition through disposal. The Fleet Management Division has worked together with various city divisions to extend the useful lives of their vehicles to the extent possible. Twelve vehicles have been identified for purchase, including eleven replacements that have reached their asset useful life and one new sweeper. Due to their age and use, the replacement vehicles require significant maintenance and repair costs to remain reliable, safe, and operational.

Funding is available and has been collected for these vehicle replacements over each asset’s useful life.

Promenade Maintenance
The Promenade Maintenance team uses the six vehicles identified for purchase yearround to carry out the daily operations to safely sanitize all public sidewalks and rightsof-way, and motor sweep the Third Street Promenade, sidewalks, alleys and other areas in the downtown business district. These vehicles are also used to clean up after public safety emergencies in the downtown district, including traffic collisions.

With an average of 19.8 million visitors per year, the downtown is a highly trafficked tourist attraction and is the central hub of Santa Monica’s business district. Without functioning and reliable equipment to support operations, the City could see slower response rates to requests, a rise in complaints, and a drop in sanitary conditions. As we continue to recover from the COVID-19 pandemic and its impact to tourism, this equipment is key in keeping the downtown both aesthetically pleasing and hygienically clean. The sweeper/scrubbers scheduled for replacement have been in use since 2018 and have a typical useful life of 4 years.

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Resource Recovery and Recycling
The RRR Division uses the four vehicles identified for purchase to carry out day-to-day operations to provide services to the community, including collection of recycling, organics, and waste materials on a scheduled basis and providing roll-out service for the City’s inventory of two-, three-, and four-yard collection bins, when requested.

Bin trucks are used to pull heavy bins to the street from locations where larger vehicles either cannot maneuver safely or are too tall to fit through entrances, such as parking structures and underground trash enclosures in apartment buildings. Due to their weight, it is not feasible to have staff push these containers out to the street. Older multifamily buildings may have lower entrance heights that do not allow for taller vehicles to enter. Bin trucks are built to enter these types of spaces. The bin trucks scheduled for replacement have been in use since 2012 and have a typical useful life of 10 years.

Front loader collection vehicles are used to service the City’s 15 commercial collection routes. They are used to lift large bins that can weigh up to 1,200 pounds when full, depending on the material being collected. The two front loaders scheduled for replacement have been in use since 2013 and have a typical useful life of seven years.

Staff is also recommending the purchase of one electric sweeper for the RRR division as they prepare to clean and maintain the City’s expanding bike lane network. The purchase of this electric sweeper will be funded through the South Coast Air Quality Management District (SCAQMD) AB2766 Subvention Fund Program. Future replacement of this vehicle will be incorporated into the RRR contribution into the vehicle replacement fund.

Support Services Division, Records and Election Services The Support Services Division uses the two vehicles identified for purchase to provide all City facilities with daily pickup and distribution of all US Mail, inter‐office mail, and delivery to the Post Office. These vehicles are used year‐round to support the mail

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services, print shop deliveries, and off‐site election activities. With over 30,000 mail pieces and close to 100 print jobs that need to be processed and delivered annually, the City depends on the reliability of this division to provide timely service to ensure that time sensitive material is processed timely.

Staff is recommending the purchase of twelve vehicles and equipment for a total amount not to exceed $2,500,959, including a 10% contingency as itemized in Table 1.

Table 1 - Vehicle Replacement Program – Vehicle and Equipment Purchases Replacing Unit Vendor Description Qty. Extended
Price
20591 Tennant Co. M-20 Scrubber 1 $141,120
20592 Tennant Co. M-30 Scrubber 1 $163,505
20593 Tennant Co. M-30 Scrubber 1 $163,505
20594 Tennant Co. M-30 Scrubber 1 $163,505
20595 Tennant Co. M-20 Scrubber 1 $141,120
20640 Tennant Co. M-30 Scrubber 1 $163,505
15949 National Auto Fleet Group Ford Escape 1 $49,922
20254 National Auto Fleet Group Ford Escape 1 $49,922
20249 National Auto Fleet Group Bin Truck 1 $88,713
20288 Los Angeles Truck Centers Front Loader 1 $495,555 20289 Los Angeles Truck Centers Front Loader 1 $495,555 NEW Nixon-Egli Equipment Co. E-Sidewalk Sweeper 1 $385,032 Total: 12 $2,500,959

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Vendor Selection
Exception to Competitive Bidding
Sweeper / Scrubbers
Staff recommends Tennant Company to furnish and deliver six sweeper/scrubbers as an exception to competitive bidding per Muni Code 2.24.250 (b). Tennant Company as the sole source manufacturer of Tennant machines, repair, and maintenance parts, and provides scrubber sweepers for the City’s Promenade Maintenance Division.

These machines and parts are sold through Tennant Company’s wholly owned subsidiary, Tennant Sales and Service Co. Tennant Sales and Service Co. is the sole source for the “Tennant Factory Trained” service technicians qualified to repair and maintain machines manufactured by Tennant Company.

The reliability and durability of these sweeper/scrubbers ensure the delivery of a clean and safe Third Street Promenade and downtown district to Santa Monica’s residents and visitors. Tennant Company provides these sweeper/scrubbers with full-service maintenance agreements. This provides the additional advantage of predictable costs with fewer unforeseen out-of-pocket repair bills or expenses and a cost-effective way to maintain the units at optimum functionality. Tennant Company services the units on-site, thereby shortening the downtime of the vehicles. The City’s public spaces require durable equipment that is compatible with the demanding cleaning environment and schedule.

Bin Truck and SUVs
Staff recommends National Auto Fleet Group, a distributer of Ford trucks, vehicle upfitting, chassis upfitting equipment, to furnish and deliver one Bin Truck and two SUVs as an exception to competitive bidding under Santa Monica Municipal Code Section 2.24.250 (c). This exception applies here because: “competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.”

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On November 8, 2021, Sourcewell issued an RFP for Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles. Under the terms of the RFP and the resulting Sourcewell Agreement with National Auto Fleet Group (Agreement #091521-NAF established on November 8, 2021), similarly nationally leveraged purchasing discounts are also available to other government agencies.

Front Loaders
Staff recommends Los Angeles Truck Centers, a distributer of Autocar and Amrep equipment, to furnish and deliver two front loaders as an exception to competitive bidding under Santa Monica Municipal Code Section 2.24.250 (c).

On August 1, 2020, Sourcewell issued an RFP for Class 4-8 Chassis with Related Equipment, Accessories, and Services. Under the terms of the RFP and the resulting Sourcewell Agreement with Autocar (Agreement #060920-ATC established on August 1, 2020), similarly nationally leveraged purchasing discounts are also available to other government agencies. The chassis is offered at an additional 20% reduced rate through preferred customer discount pricing.

Electric Sidewalk Sweeper
Staff recommends Nixon-Egli Equipment Co., a local dealer of Dulevo, to furnish and deliver one electric sidewalk sweeper as an exception to competitive bidding per Santa Monica Municipal Code Section 2.24.250 (c). On November 7, 2019, HoustonGalveston Area Council (H-GACBuy), a government agency that establishes nationally leveraged and competitively solicited purchasing contracts for education, government, and nonprofits, issued a Request for Proposals (RFP) for purpose-built and commercial cab-chassis mounted street sweeper body designs, airport sweeper bodies, and smaller riding and walk-behind styles. Under the terms of the RFP and the resulting H-GACBuy agreement with Dulevo (Agreement #SW04-20 established on April 1, 2020); similarly nationally leveraged purchasing discounts are also available to other government agencies.

Environmental Assessment

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This is not a project for the purpose of CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Replacement Fund and the SCAQMD Subvention fund to award a purchase order with Tennant Company for purchase and delivery of six sweeper/scrubbers; a purchase order with National Auto Fleet Group for purchase and delivery of one bin truck and two SUVs; a purchase order with Los Angeles Truck Centers for purchase and delivery of two front loaders; and a purchase order with Nixon-Egli Equipment Co. for purchase and delivery of one electric sidewalk sweeper.

Contract/Agreement/Purchase Order Request
Vendors FY 2022-23
Amount CIP Account # Total Contract Amount
Tennant Company $936,260 C7000010.689000.90532 $936,260 National Auto Fleet Group $88,713 C7000010.689000.90535 $88,713 National Auto Fleet Group $99,844 C7000010.689000.90532 $99,844 Los Angeles Truck Center $991,110 C7000010.689000.90535 $991,110 Nixon-Egli Equipment Co. $385,032 C1806910.689000 $385,032 Total $2,500,959
Prepared By: Doris Mejia, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Nixon-Egli Oaks Form 2023
B. TennantCo. Oaks
C. National Auto Fleet Group - Oaks Initiative
D. Los Angeles Truck Centers - Oaks Initiative_print

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Attachment: Nixon-Egli Oaks Form 2023 (5296 : Authorize the Procurement Manager to issue purchase orders for the purchase of replacement

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Attachment: Nixon-Egli Oaks Form 2023 (5296 : Authorize the Procurement Manager to issue purchase orders for the purchase of replacement

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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Packet Pg. 211 Attachment: TennantCo. Oaks (5296 : Authorize the Procurement Manager to issue purchase orders for the purchase of replacement v)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.D.b
Packet Pg. 212 Attachment: TennantCo. Oaks (5296 : Authorize the Procurement Manager to issue purchase orders for the purchase of replacement v) Tennant Sales and Service Company
Name Title Role First Elected Expires On Term
David W. Huml Director Director 03/01/2021 12/31/2999 PerpetualDiane A. Zanish Assistant Secretary Officer 12/31/2999 PerpetualKevin M. O'Riordan Assistant Secretary Officer 04/26/2022 12/31/2999 PerpetualKristen M. Zehr Assistant Secretary Officer 12/31/2999 PerpetualKristin Anne Stokes Director Director 12/31/2999 PerpetualKristin Anne Stokes Secretary Officer 12/31/2999 PerpetualRichard H. Zay Chief Executive Officer Officer 12/31/2999 PerpetualRichard H. Zay President Officer 12/31/2999 PerpetualThomas Allan Stueve Director Director 12/31/2999 PerpetualThomas Allan Stueve Treasurer Officer 12/31/2999 PerpetualThomas Allan Stueve Vice President Officer 12/31/2999 Perpetual 07/27/2022

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Attachment: TennantCo. Oaks (5296 : Authorize the Procurement Manager to issue purchase orders for the purchase of replacement v)

5.D.c
Packet Pg. 214 Attachment: National Auto Fleet Group - Oaks Initiative (5296 : Authorize the Procurement Manager to issue purchase orders for the

5.D.c
Packet Pg. 215 Attachment: National Auto Fleet Group - Oaks Initiative (5296 : Authorize the Procurement Manager to issue purchase orders for the

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 a12- month period;

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

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

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

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in 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:

Los Angeles Truck Centers, LLC
Name(s) of trustees, directors, partners, and officers:

Bradley C Fauvre – President
James A Barker - President
Name(s) of persons with more than a 10% equity, participation, or revenueinterest:

Bradley C Fauvre – 50%
James A Barker – 50%
Prepared by: Louie Garcia Title: Regional Parts and Service Manager Signature: Louie Garcia Date: 8/15/2022
Email: [email protected] Phone: 949-655-2373
FOR CITY USE ONLY:

Bid/PO/Contract # Permit #

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Packet Pg. 216 Attachment: Los Angeles Truck Centers - Oaks Initiative_print [Revision 1] (5296 : Authorize the Procurement Manager to issue purchase City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.E
1 of 8
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Resource Recovery & Recycling
Subject: Award RFP for Landfill Trash Disposal Services to Arakelian Enterprises, Inc., dba Athens Services and Chiquita Canyon, LLC
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 313 to Arakelian Enterprises, Inc. dba Athens Services for landfill trash disposal services for the Public Works Department;

2. Award RFP# 313 to Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC for landfill trash disposal services for the Public Works Department;

3. Authorize the City Manager to negotiate and execute an agreement with Arakelian Enterprises, Inc., dba Athens Services, in an amount not to exceed $3,279,863 (including a 15% contingency) for two years, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to negotiate and execute an agreement with Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC, in an amount not to exceed $4,575,489 (including a 20% contingency) for two years, with three additional one-year renewal options in the amount of $7,320,783 on the same terms and conditions for a total amount not to exceed $11,896,272 over a five-year period, with future year funding contingent on Council budget approval.

5. Staff recommends the Council adopt a finding of Categorical Exemption pursuant to Section15301 and 15308 of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City and its residents, businesses, and visitors generate approximately 63,500 tons (or 127,000,000 pounds) of landfill trash materials annually that are sent to landfill facilities in the Southern California region. The disposal and diversion of these materials represents a key challenge in achieving the City’s established sustainability goals, and a unique opportunity to explore alternative paths to compliance. In March 2022, the City

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sought proposals from permitted and experienced landfill facilities to receive and process the City’s landfill waste materials. As a result of this process, staff recommends Chiquita Canyon, Inc., dba Chiquita Canyon, LLC and Arakelian Enterprises, Inc., dba Athens Services as the best contractors to receive the trash material from the City.

Discussion
The City’s Resource Recovery and Recycling Division provides solid waste management services for a variety of waste streams: construction and demolition (C&D) materials, recyclable (blue bin) materials, organics (green bin) materials, and landfill trash (black bin) materials. Each material type is accepted and handled by different processing facilities. In an effort to increase the quantity of materials diverted from landfills, the City Council has adopted several ordinances over the years that mandate the recycling of construction and demolition (C&D) debris, recyclable, and organics materials.

The remaining materials that are non-recyclable/re-usable are considered landfill trash.

Landfill trash can include styrofoam, plastic utensils, broken dishes, candy wrappers, chip bags, and plastic bags. These types of items are sent to regional landfill facilities for disposal. There are only a few landfill facilities operating in the local region. These facilities are heavily regulated and once they reach their capacity, they are permanently closed. The density of the region and the State’s regulatory requirements make it difficult for new landfills to open, limiting the available options.

Working Toward Zero Waste in 2030
Santa Monica maintains a long-standing commitment to sustainability and fighting climate change. A central tenet of that effort has been the mandate of achieving Zero Waste by 2030. Adopted by Council in 2014 (Attachment A) and updated in 2019 (Attachment B), the City’s Zero Waste Strategic Operations Plan (Zero Waste

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Plan) provides an environmental policy framework to guide the City on its path to achieving zero waste, with regular progress updates every five years.

The Zero Waste Plan established the goal of achieving 95 percent landfill diversion, or a landfill disposal rate of 1.1 pounds per person per day (PPD) by 2030. In order to achieve this goal, the City needs to drastically reduce the amount of waste sent to the landfill. The City’s primary area of focus to reduce landfilled waste would mostly come from recovering additional recyclable and organics materials currently being disposed of and sent to landfills. The 2019 update prioritized the following actions for immediate implementation:
• Develop a Zero Waste Program Team that can provide proactive assistance, community engagement, and a communications plan
• Create, implement, and enforce a comprehensive Zero Waste Ordinance and an Edible Food Recovery Program.

These actions have commenced, but additional strategies will be necessary in order to meet the City’s 2030 timeline.

The City has a three-stream solid waste management system: organics, recyclables, and landfill trash. However, some customer locations do not have the space for the three-stream system, or are not set up for the new sorting processes. This results in organics and recyclables that could be diverted ending up in the landfill trash containers. Mixed waste processing could be a viable solution to that problem and a component of the City’s zero waste efforts. A mixed waste processing materials recovery facility (MRF) is a plant that separates black bin landfill trash materials to recover items that are recyclable, such as (but not limited to) cardboards, food waste, and beverage containers. The remaining materials that are not recyclable or have no economic value are sent to the landfill. The benefit of mixed waste processing MRFs is that they use innovative sorting technologies and human workers to allow for additional recovery of recyclable materials from items that are discarded in the trash containers; while the downside is that they cost more to run, as they are also more labor intensive.

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The next Zero Waste Plan update is due in 2024 and the City’s current 2022 waste level is 3.5 PPD. While encouraging progress has been made since 2019, this is still considerably higher than the benchmarks established in the approved Zero Waste Plan, if 1.1 PPD is to be reached by 2030. Sending a portion of the City’s landfill trash materials to a vendor with mixed waste processing MRF capabilities for additional processing will allow staff to gather new data, test the effectiveness of this strategy, calculate the cost-benefit analysis, and return with a 2024 report detailing the feasibility of this as a long-term option towards achieving the established goal.

Staff will continue to identify new and expanded zero waste opportunities that help to increase diversion from landfills as techniques and technologies become available.

These additional strategies and potential action items can then be considered and prioritized as part of the 2024 update.

Vendor Selection
Pre-Qualified Vendors
Arakelian Enterprises, Inc., dba Athens Services
Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC
Evaluation Criteria The training, credentials and experience of the person or firm; the capacity of the person or firm to perform the contract or provide the service promptly, within the time specified, and without delay; and the character, integrity, reputation and judgment of the person or firm; the ability of the person or firm to provide such future service as may be needed; and the price which the person or firm proposes to charge, including whether the price is fair, reasonable and competitive. The City shall have absolute discretion in determining the applicability and weight of the criteria listed above.

The City is not required to select the proposal with the lowest price.

Municipal Code SMMC 2.24.190
RFQual Data
Date
Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Submittals
Received
Date Publicly
Opened
03/30/2022 City's Online
Bidding Site
Santa Monica
Daily Press 19 4 05/05/2022
Best Bidder Justification
Staff recommends Chiquita Canyon, LLC as the City’s first option for disposal.

Chiquita Canyon submitted the lowest-cost proposal, and it is also one of the City’s existing landfill contractors that has been providing satisfactory services. Although

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Chiquita Canyon is a traditional landfill, it has put in place numerous practices that align with the City’s carbon neutrality goal, including generating renewable electricity and installing a renewable natural gas (RNG) plant on site.

In addition, staff recommends Athens Services as the City’s second option for landfill trash services. In contrast to a traditional landfill, Athens Services proposes mixed waste processing, which means the Santa Monica landfill trash materials sent to Athens’ facility will be sorted via technologically advanced equipment and human workers first to recover recyclable materials from the loads (which could constitute up to 30% of the total delivered tonnage) before the remaining non-recyclable materials are discarded and landfilled. Athens Services’ proposal increases the City’s diversion rate from landfill facilities, in line with the established Zero Waste goal.

Based on these criteria, the vendors are recommended as best qualified persons or firms.

The Athens Services contract would be for an initial period of two years, giving staff the time to monitor the diversion rate and evaluate the effectiveness of mixed waste processing to determine if continued use beyond the initial two-year period is warranted.

To balance the coverage for Santa Monica’s landfill trash disposal needs, fiscal responsibility to keep costs down, and to deploy technologies that increase landfill diversion and aid in the City’s zero waste goals, staff is recommending splitting the award and entering into contracts with both Chiquita Canyon, LLC (80%) and Athens Services (20%). Both contracts would be for a not to exceed amount as outlined in the recommended action, with the City paying only for the actual services provided and no guarantee of additional work. The contract amounts are set at the upper limits of possible expenditures based on historical landfill services.

Environmental Review
The award contract for landfill trash disposal service is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301 and 15308.

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Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award contract for trash hauling and disposal would not result in any modifications to existing landfills or disposal facilities. Solid waste disposal and diversion services currently exist, and the proposed award contract would not expand or materially change existing landfill facilities or waste disposal operations.

The selected vendor will be required to comply with existing solid waste regulations and terms of the agreement and provide similar services to those currently being required and provided. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

The project is also exempt pursuant to Section 15308 of the CEQA Guidelines. Section 15308 (Class 8 Actions for Protection of Environment) exempts actions taken by a regulatory agency, as authorized by state and local ordinances, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The award contract would ensure City compliance with solid waste disposal regulations for the protection of the environment including:
• Integrated Waste Management Act (IWMA) of 1989 requires cities to permit and regulate solid waste handling;
• Assembly Bill 341 (2011) requires both businesses that generate four cubic yards or more of solid waste and multifamily projects with five units or more to participate in a recycling program;
• Assembly 1826 ( 2014), requires businesses, including public entities and multifamily projects, to recycle their organic waste. Businesses must develop strategies to reduce and/or arrange for recycling services for the following types of organic waste: food waste, food-solid paper, green waste, landscaping and pruning waste, and non-hazardous wood waste;

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• Senate Bill 1383 (2016) established methane emission reduction targets for California, requiring a 50 percent reduction of organics sent to the landfill by 2020, and a 75 percent reduction by 2025; and
• City’s Zero Waste Plan (Updated 2019) provides an environmental policy framework to guide the City on its path to achieving zero waste.

The award contract requires the landfill disposal vendors to comply with both State and local regulations for disposing of waste and ensures the protection of the environment since the contract contains compliance requirements with State mandates. Therefore, the project is categorically exempt as set forth in Section 15308 of the CEQA State Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Resource Recovery and Recycling fund to award contracts to Chiquita Canyon, Inc., dba: Chiquita Canyon, LLC and Arakelian Enterprises, Inc., dba Athens Services to provide landfill services. Future year funding is contingent on Council budget approval.

Contract Request
Vendor FY 2022-23
Amount
Future Years
Amount
Department
Account #
Total
Contract
Amount
Chiquita Canyon, LLC $1,316,724 $ 10,579,548 54500002.523010 $11,896,272 Athens Services $ 937,869 $ 2,341,994 54500002.523010 $ 3,279,863 Total $2,254,593 $12,921,542 $15,176,135
Prepared By: Ryan Kraemer, Senior Administrative Analyst Approved Forwarded to Council

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Attachments:

A. Zero Waste Strategic Operations Plan 2014 (Web Link) B. Adoption of Zero Waste Plan Update and Strategic Direction for Recycling Services 2019 (Web Link)
C. Athens Services Oaks Initiative Form
D. Chiquita Canyon, LLC Oaks Initiative Form

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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:

Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ___________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Packet Pg. 225 Attachment: Athens Services Oaks Initiative Form (5305 : Award RFP for Landfill Trash Disposal Services)

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Attachment: Chiquita Canyon, LLC Oaks Initiative Form (5305 : Award RFP for Landfill Trash Disposal Services)

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Packet Pg. 227 Attachment: Chiquita Canyon, LLC Oaks Initiative Form (5305 : Award RFP for Landfill Trash Disposal Services)

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Packet Pg. 228 Attachment: Chiquita Canyon, LLC Oaks Initiative Form (5305 : Award RFP for Landfill Trash Disposal Services)

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Packet Pg. 229 Attachment: Chiquita Canyon, LLC Oaks Initiative Form (5305 : Award RFP for Landfill Trash Disposal Services)

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Packet Pg. 230 Attachment: Chiquita Canyon, LLC Oaks Initiative Form (5305 : Award RFP for Landfill Trash Disposal Services) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.F
1 of 9
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Financial Operations Subject: Annual Reporting of Development Impact Fees
Recommended Action
Staff recommends that the City Council review and accept the FY 2021-22 Annual Reporting of Development Impact Fees per the Mitigation Fee Act (Government Code 66000-66025) and the FY 2021-22 Child Care Linkage Fee Report per SMMC Chapter

9.65. Summary
Santa Monica collects Council authorized fees from developments to offset increased demands on public improvements, public services, and community amenities, including child care, transportation, parks, affordable housing, and water conservation. The City has also used these funds to meet the City’s match requirement when seeking grant funding that further offsets costs for City projects.

This report transmits the attached Development Impact Fees Report on the status of funds collected from the City’s development impact fees, including investments made in the last year, that qualify to be reported under the Mitigation Fee Act (Government Code sections 66000-66025) (Attachment A). This Annual Report also provides the required annual reporting for the Child Care Linkage Fee per SMMC section 9.65.090.

Government Code 66001(d) requires the City Council to make findings every five years after a development fee is established. None of the City’s development impact fees are subject to the five-year findings requirement this year.

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Discussion
In 1987, Assembly Bill 1600 (AB1600), also known as the California Mitigation Fee Act, codified the legal and procedural parameters for charging development impact fees as set forth in Government Code sections 66000-66025. A development impact fee is a monetary exaction, other than a tax or special assessment, that an applicant of an approved development project pays to defray all or a portion of the costs of public facilities related to the project. The Mitigation Fee Act defines “public facilities” broadly to include public improvements, public services, and community amenities.

At the time that a development fee is established, the purpose of the fee and its anticipated use must be clearly identified. Per Government Code section 66006, collection of these fees requires separate funds or accounts to avoid commingling and requires that information be reported within 180 days after fiscal year-end.

The City publicly posted the annual Mitigation Fee Act Report, as required by AB1600, on October 28, 2022 for the following fees: Child Care Linkage Fee, Transportation Impact Fee, Parks and Recreation Impact Fee, Affordable Housing Commercial Linkage Fee, and Water Demand Mitigation Fee. Per Government Code section 66001, the City must also report and make findings on unexpended and expended fee amounts, whether committed or uncommitted, for the fifth fiscal year following the first deposit and every five years thereafter. This year, there were no fees subject to the five-year findings requirement.

Staff continues to monitor development projects and revenue collected to ensure that fees are accounted for and expended in accordance with the purposes for which they were collected as required by law. It can take several years to accumulate sufficient funds to implement the relatively high-cost projects the City's development impact fees are eligible to fund. The following is a summary of each development fee, the current balance, and a description of how funds are being spent:

1. Child Care Linkage Fee – This fee is intended to address the increased demand for child care triggered by the development of commercial projects

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adding floor area of at least 7,500 square feet or multi-family residential projects.

Developers can satisfy the ordinance requirements by either paying a fee or by agreeing to participate in the construction or establishment of one or more child care facilities.  Fees are computed annually on July 1, increasing by a percentage equal to the Engineering Construction Cost Index as published by Engineering News Record.  Child Care Linkage Fees (CCLF) shall be paid by the final inspection date and prior to the issuance of the Certificate of Occupancy.

SMMC section 9.65.070 specifies that funds collected in the Child Care Linkage Fee Reserve Account shall be expended only on the construction and establishment of child care facilities within the City of Santa Monica, including, but not limited to, expenditures for land acquisition, planning, legal advice, engineering, design, construction and equipment, as well as any administrative costs incurred by the City to administer the reserve account.  Eligible expenditures shall not include ongoing operating expenses and general maintenance of child care facilities.

FY 2021-22 Fee Activity
FY 2021-22 Child Care Linkage Fee
Beginning
Balance
Fees
Collected
Interest
Earned Expenditures
Ending
Balance
$92,255 $676,866 $523 $0 $769,644
In previous years, the balance of the Child Care Linkage Fee (CCLF) fund reserve account was fully expended on construction of the Santa Monica Early Childhood Lab School, which was completed in Spring 2021 and created 106 new child care slots in Santa Monica, including 38 for infants/toddlers, and 68 for preschool-aged children. Though there are no current commitments using this funding, staff continue to seek eligible projects for use of CCLF funds in which additional child care slots are created.

2. Transportation Impact Fee (TIF) – This fee is collected on eligible new development and changes in land use that result in increased trip generation. It is

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used to fund transportation improvements, such as sidewalks, pedestrian crossing improvements, traffic signal upgrades, transit, and bicycle facilities. See SMMC Chapter 9.66. Funds are frequently leveraged as grant match for projects such as Safe Streets for 17th Street and implementation of the Wilshire Boulevard Safety Study recommendations. Grant projects have longer delivery times but increase the number and size of improvements possible from the fees.

Grant matching was assumed in the fee calculation and nexus study supporting the development of the TIF.

The fees are based on residential units or commercial square footage and are charged prior to issuance of building permits, unless State law requires the City to accept later fee payment. The TIF is based upon the costs associated with transportation improvements and the amount of new auto trips that can be attributed to land use changes.

FY 2021-22 Fee Activity
FY 2021-22 Transportation Impact Fee
Beginning
Balance
Fees
Collected
Interest
Earned Expenditures
Ending
Balance
$10,608,232 $1,712,857 $27,045 $929,368 $11,418,766
In FY 2021-22, $717,366 of TIF funds were expended on Vision Zero and Mobility Project Delivery, including tools to analyze crash reports to determine safety countermeasures, project design, right of way, required studies, prevailing wage monitoring, utility coordination, and construction documents to implement Vision Zero improvements associated with the following projects:
• Multimodal Signal Detection: $447,297
• Ocean / California Intersection Modification: $153,660 • Michigan Ave Greenway / 20th St Bike Connection: $39,473 • 17th Street / SMC / Expo Bike Connection: $36,593
• Stewart and Pennsylvania Safety Enhancement Project: $22,018 • Project management Support: $12,954

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• Pico Blvd / SMC Pedestrian Safety Improvements: $4,507 • Olympic Boulevard and 26th Street – First / Last Mile Improvements: $393 • 4th St Enhancements – Expo Linkages, Phase 2: $241
• Downtown Wayfinding: $230

Additionally in FY 2021-22, $212,002 of TIF funds were spent on implementation of the Pedestrian Improvements at Four Schools project. Crossing improvements included bulb-outs, high-visibility beacons and signage, and traffic striping at Franklin Elementary School, Will Rogers Learning Community, Lincoln Middle School and John Adams Middle School.

In FY 2022-23, approximately $4.1 million of TIF funds will be programmed to implement various roadway safety measures in conjunction with the Annual Repaving project, including Phase 1 implementation of the Wilshire Boulevard Safety Study recommendations, enhancements to the Broadway protected bikeway, and upgrades to Priority Vision Zero intersections. In FY 2023-24, approximately $3.2 million will be programmed to planning and/or construction of various protected bikeways including extending the Broadway protected bikeway, Stewart Street, and the priority projects identified in the Bike Action Plan Amendment. Finally, funds are reserved annually for the salary of the construction manager position responsible for overseeing these projects.

State law requires TIF funds to be used for the delivery of physical improvements. These projects require significant time for project delivery because of local design, outreach and procurement steps and State and Federal grant funding approval processes. TIF funds are pre-committed to projects for an extended time as a result, and funds need to be held available for upcoming grant match commitments. Staff anticipates using portions of the fund balance to support longer-term projects identified in the TIF nexus study such as bike facilities, sidewalks, and safe crossings. This information along with additional project and expenditure information is available in Attachment A.

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3. Parks and Recreation Development Impact Fee – This fee is collected from new residential and commercial development for the upgrade and/or expansion of parks and recreation facilities needed to accommodate additional occupants. See SMMC Chapter 9.67.

FY 2021-22 Fee Activity
FY 2021-22 Parks and Recreation Development Impact Fee
Beginning
Balance
as restated
Fees
Collected
Interest
Earned Expenditures
Ending
Balance
$3,018,857 $1,952,613 $10,497 $944,782 $4,037,185
In FY 2021-22, $944,782 in fees were expended. $782,625 was spent on playground safety upgrades and $39,899 on the basketball court at Marine Park. $92,759 was used to repurpose the petanque courts in Palisades Park. In FY 2021-22, two projects were completed and fully funded with parks and recreation impact fees: $14,920 was used to resurface two Reed Park tennis courts and $14,579 was used to purchase picnic tables for Beach Park #1.

During the Mid-Year FY 2021-22 budget process, $150,000 of Parks and Recreation Development Impact Fees were allocated to a Park Condition Assessment, a project that identifies and prioritizes parks and playground safety enhancements. Staff will request City Council award the RFP and negotiate and enter into an agreement. This work is expected to start in Winter 2022 with completion expected in Summer 2023. Additionally, during the City’s FY 2022-24 CIP Biennial Budget, Parks and Recreation Development Impact Fees were allocated to two projects: $486,300 was allocated to the Douglas Park Playground Reconstruction project, expected to begin construction in Spring 2024 with expected completion in Summer 2024; and $191,600 was allocated to the Beach Park #1 Playground Equipment Replacement project, expected to begin construction in Summer 2023 with completion expected in Fall 2023.

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Staff continues to identify potential park-based CIP projects, such as repairs and construction to essential equipment and infrastructure to maintain access to open spaces. Staff also intend to utilize this funding to meet the local match requirements when applying for grants. This would allow the City to maximize available funding for priority projects. Projects would be prioritized based on health and safety criteria and presented to Council as part of the proposed CIP budget.

4. Affordable Housing Commercial Linkage (AHCL) Fee – The City adopted SMMC Chapter 9.68 on June 23, 2015 to contribute to the creation of affordable housing production and preservation to offset the additional need for affordable housing generated by new commercial development. The City utilizes this funding for the production and preservation of affordable housing by issuing loans for the acquisition of property, new construction, or rehabilitation of existing buildings within the City. In FY 2021-22, no fees were disbursed.

FY 2021-22 Fee Activity
FY 2021-22 Affordable Housing Commercial Linkage Fee
Beginning
Balance
Fees
Collected
Interest
Earned Expenditures
Ending
Balance
$538,826 $742,931 $2,719 $0 $1,284,476
AHCL fees are just one of several funding sources that make up the City’s Housing Trust Fund (HTF). As affordable housing projects are identified and reviewed by staff, these funds will be considered for use as part of each project’s funding mix. The funding shown in this report has not yet been dedicated to a specific project. However, there are affordable housing projects in development that could utilize this funding. Final funding mixes for these projects will be decided as projects go through the vetting process.

5. Water Demand Mitigation Fee – On March 19, 1991, the City Council adopted Resolution 8196 (CCS) which established a one-time fee to mitigate the total daily water consumption rate projected for new development (Water

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Demand Mitigation Fee).  The Water Demand Mitigation Fee was set at $3.00 for each gallon of daily water demand that must be mitigated.  The Water Demand Mitigation Fee is required when: a new single-family residence is constructed or there is an addition of 50% or more to existing square footage; for construction of a new multi-family building or addition of new units; for construction of a new non-residential building or whenever there is a change of use, change or addition to new plumbing fixtures, addition of restaurant seating, or addition of square footage. On July 1, 2017, the Water Neutrality Fee replaced the Water Demand Mitigation Fee.

FY 2021-22 Fee Activity
FY 2021-22 Water Demand Mitigation Fee
Beginning
Balance
Fees
Collected
Interest
Earned Expenditures
Ending
Balance
$414,219 $0 $0 $93,325 $320,894
• In FY 2021-22, $54,175 of Water Demand Mitigation Fees were expended on the Recycled Water Main Expansion Project and $39,150 were expended on the SWIP Injection Well. At the end of FY 2021-22, a balance of $320,894 was available. Staff anticipates using the balance to complete the Exploratory Well – SM11i project.

This is not a close out of the developer fee. The City will continue to collect Water Demand Mitigation revenues for permit applications submitted prior to July 1, 2017 and will continue to report on it until all funds are expended.

Environmental Review
This is not a project for the purpose of CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

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Prepared By: Stephanie Manglaras, Financial Operations Manager Approved Forwarded to Council
Attachments:

A. March 19, 1991 Staff Report Weblink
B. December 5, 2006 Staff Report Weblink
C. March 12, 2013 Staff Report Weblink
D. October 14, 2014 Staff Report Weblink
E. June 23, 2015 Staff Report Weblink
F. November 27, 2018 Staff Report Weblink
G. June 25, 2019 Staff Report Weblink
H. May 5, 2020 Staff Report Weblink
I. AB1600 FY21-22 REPORT rev2

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(A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Residential $165.79 per unit
Hotel $3.95 per square foot
Retail $5.62 per square foot
Office $7.87 per square foot
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL YEAR

BEGINNING FUND

BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES ENDING FUND BALANCE FY 2021-22 $ 92,255 676,866 523 - $ 769,644
No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year.

No expenditures were incurred during this reporting period.

F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2022
Child Care Linkage Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

Child Care Linkage Fee - The purpose of the Child Care Linkage Fee (CCLF) imposed and collected on development of commercial projects adding floor area of at least 7,500 square feet or multi-family residential projects development within the City since fiscal year 2011-2012 is to fund property acquisition, development, and construction of child care facilities in order to create new child care spaces. (E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

There are no projects underway that utilize these funds. The City is in the process of identifying eligible projects.

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Packet Pg. 240 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Single Family,
Area 1 $9,427.39 per unit
Single Family,
Area 2 $9,675.48 per unit
Multi-Family, Area
1 $3,225.16 per unit
Multi-Family, Area
2 $4,093.47 per unit
Multi-Family, Area
3 $3,225.64 per unit
Retail, Area 1 $26.05 per square foot
Retail, Area 2 $37.33 per square foot
Office, Area 1 $12.03 per square foot
Office, Area 2 $13.40 per square foot
Medical Office,
Area 1 $34.86 per square foot
Medical Office,
Area 2 $36.96 per square foot
Hospital, Area 1 N/A
Hospital, Area 2 $18.24 per square foot
Lodging, Area 1 $4.46 per square foot
Lodging, Area 2 $4.46 per square foot
Industrial, Area 1 $1.48 per square foot
Industrial, Area 2 $1.62 per square foot
Auto Sales and
Display Areas,
Area 1 $1.48 per square foot
Auto Sales and
Display Areas,
Area 2 $1.62 per square foot
City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2022
Transportation Impact Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

Residential (dwelling unit)
Non-Residential (sq. ft.)
Transportation Impact Fee - The City Council adopted an ordinance on February 26, 2013 that established a Transportation Impact Fee for new development and intensified land uses that will fund transportation network improvements such as new sidewalks, crosswalks, traffic signal upgrades, bus stops, transportation demand management, and bicycle facilities that are necessitated by the new trips associated with the land use change. The fees are based on a nexus study and calculated using residential units or commercial square footage. The fee is charged prior to issuance of building permits, unless state law requires the City to accept later fee payment. The Transportation Impact Fee reflects the costs associated with transportation network improvements and the amount of new auto trips that can be attributed to land use changes.

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Packet Pg. 241 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) (C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL YEAR

BEGINNING FUND

BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES ENDING FUND BALANCE FY 2021-22 $ 10,608,232 1,712,857 27,045 929,368 $ 11,418,766 Began Winter 2021 and is ongoing
Ongoing
Ocean/California Intersection Modification
4th Street Enhancements - Expo Linkages,
Phase 2
Michigan Avenue Greenway 20th Street
Bike Connection
Ongoing
Downtown Wayfinding Complete
Construction began in Spring 2022 and is
ongoing
17th Street/SMC/Expo Bike Path
Connection
Project Name
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

In FY 2021-22, Transportation Impact Fees were expended as follows:
> $717,366 on Vision Zero and Mobility Project Delivery, including tools to analyze crash reports to determine safety countermeasures, project design, right of way, required studies, prevailing wage monitoring, utility coordination, and construction documents to implement Vision Zero improvements associated with the following projects:
- 17th Street/SMC/Expo Bike Path Connection: $36,593
- 4th Street Enhancements - Expo Linkages, Phase 2: $241 - Downtown Wayfinding: $230
- Michigan Avenue Greenway 20th Street Bike Connection: $39,473 - Ocean/California Intersection Modification: $153,660
- Olympic Boulevard & 26th Street – First/Last Mile Improvements: $393 - Pico Boulevard & Santa Monica College Pedestrian Safety Improvements: $4,507 - Multimodal Signal Detection: $447,297
- Stewart & Pennsylvania Safety Enhancement Project: $22,018 - Project Management Support: $12,954
> $212,002 on the Pedestrian Improvements at Four Schools Project Project Progress
Ongoing
Ongoing
Completed Spring 2022
Olympic Boulevard & 26th Street –
First/Last Mile Improvements
Project Management Support
Multimodal Signal Detection
Currently in right-of-way acquisition
Construction completed Fall 2021
Stewart & Pennsylvania Safety
Enhancement Project
In FY 2022-23, approximately $4.1 million of TIF funds will be programmed to implement various roadway safety measures in conjunction with the Annual Repaving project, including Phase 1 implementation of the Wilshire Boulevard Safety Study recommendations, enhancements to the Broadway protected bikeway, and upgrades to Priority Vision Zero intersections. In FY 2023-24, approximately $3.2 million will be programmed to planning and/or construction of various protected bikeways including extending the Broadway protected bikeway, Stewart Street, and the priority projects identified in the Bike Action Plan Amendment. Finally, funds are reserved annually for the salary of the construction manager position responsible for overseeing these projects.

Pedestrian Improvements at Four Schools
Pico Boulevard & Santa Monica College
Pedestrian Safety Improvements
Construction contract executed Fall 2021;
project completion anticipated Fall 2022

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Packet Pg. 242 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) No refunds were made during the fiscal year.

No interfund transfers were made during the fiscal year. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001. (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

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Packet Pg. 243 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Single Family
Residential $9,092.38
Multi-Family
Residential -
Studio/1 Bedroom
$4,927.22 per unit
Multi-Family
Residential - 2+
Bedrooms
$7,936.19 per unit
Retail $1.78 per square foot
Office $2.75per square foot
Medical Office $1.51 per square foot
Lodging $3.71 per square foot
Industrial $1.55 per square foot
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL YEAR

BEGINNING FUND

BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES ENDING FUND BALANCE FY 2021-22 $ 3,018,857 1,952,613 10,497 944,782 $ 4,037,185 In FY 2021-22, Parks and Recreation Development Impact Fees were expended on the following public improvements:
> $782,625 was spent on playground safety upgrades at Marine Park - This project is ongoing > $39,899 was spent on the Marine Park basketball court - This project is ongoing > $14,920 was spent to resurface two Reed Park tennis courts - This project was completed using 100% improvement funds > $14,579 was spent to purchase picnic tables at Beach Park #1 - This project was completed using 100% improvement funds > $92,759 on repurposing the petanque courts in Palisades Park - This project is ongoing For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2022
Parks and Recreation Development Impact Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:

Parks and Recreation Development Impact Fee - The purpose of the fee is to provide a direct funding source from new residential and commercial development to be used solely for the acquisition and development of open space, parkland, and recreation facilities to meet demand generated by occupants and users of the new development. (E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

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Packet Pg. 244 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) In the City’s FY 2022-24 CIP Biennial Budget, Parks and Recreation Development Impact Fees have been allocated for use on two projects:
> $191,600 allocated for the Beach Park #1 Playground Equipment Replacement project, expected to begin construction in Summer 2023 with completion expected in Fall 2023
> $486,300 allocated for the Douglas Park Playground Reconstruction project, expected to begin construction in Spring 2024 with expected completion in Summer 2024
During the Mid-Year FY 2021-22 Budget process, $150,000 of Parks & Rec Development Fees were allocated to the Park Condition Assessment project, expected to start in the Winter 2022 with completion expected Summer 2023.

N/A
(F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

N/A

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Packet Pg. 245 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Retail $11.61 per square foot
Office $13.34 per square foot
Hotel/Lodging $3.65 per square foot
Hospital $7.32 per square foot
Industrial $8.97 per square foot
Creative Office $11.42 per square foot
Medical Office $8.21 per square foot
Institutional $12.18 per square foot
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL YEAR

BEGINNING FUND

BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES ENDING FUND BALANCE FY 2021-22 $ 538,826 742,931 2,719 - $ 1,284,476
Affordable Housing Commercial Linkage Fee - A fee paid to the City by an applicant for approval of certain development projects to contribute to the creation of affordable housing production or preservation to offset additional need for affordable housing generated by new commercial development.

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

No expenditures were incurred during this reporting period.

F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2022
Affordable Housing Commercial Linkage Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

There are no projects underway that utilize these funds. The City is in the process of identifying eligible projects.

No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year.
(G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.

5.F.i
Packet Pg. 246 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee.

Project Fee
Single-Family $990.00
Studio/Single
Apartment: $315.00
1 Bedroom
Apartment: $375.00
2 Bedroom
Apartment: $570.00
3 Bedroom
Apartment: $750.00
Duplex (2
Apartments): $900.00
Non-Residential:

To be determined by
the Civil Engineering
Plan Checker
(C) The beginning and ending balance of the account or fund and (D) The amount of the fees collected and the interest earned.

FISCAL YEAR

BEGINNING FUND

BALANCE FEES COLLECTED INTEREST EARNED EXPENDITURES ENDING FUND BALANCE FY 2021-22 $ 414,219 0 0 93,325 $ 320,894
The Water Demand Mitigation Fee - A one-time fee the City charges new development to mitigate the total daily water consumption rate projected for the development. The total daily water demand for the project is calculated using standard water demand factors which have been developed by City staff. The water demand mitigation fee is set at $3.00 for each gallon of daily water demand which must be mitigated. Effective, July 1, 2017, the Water Demand Mitigation Fee was replaced with the Water Neutrality Fee. The City will continue to collect Water Demand Mitigation revenues for permit applications submitted prior to July 1, 2017 with the following exception: Any new development applications for a building permit filed on or before November 27, 2018, that only results in a change of use of less than 6,000 square feet and/or an addition of less than 1,500 square feet, will be required to pay the water demand mitigation fee in effect as of November 27, 2018.

This fee is required when:
• Single-Family Residence -- for construction of a new residence or whenever adding 50% or greater to the square footage. • Multi-Family -- for construction of a new building or whenever new units are added. • Non-Residential -- for construction of a new building or whenever there is a change of use, changing or adding plumbing fixtures, or adding restaurant seats or square footage.

Multi-Family (condominium fees same as
apartments):
(E) Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. Note: The percentage will be reported upon completion of the project/s.

In FY 2021-22, $54,175 of Water Demand Mitigation Fees were expended on the Recycled Water Main Expansion Project and $39,150 were expended on the SWIP Injection Well.

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

City of Santa Monica
Development Impact Fees Report Pursuant to the Mitigation Fee Act Fiscal Year Ended June 30, 2022
Water Demand Mitigation Fee
For the purpose of compliance with Government Code subsection 66006(b)(1), the following information regarding AB 1600 fees is presented:

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Packet Pg. 247 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) No interfund transfers or loans were made during the fiscal year from this fund.

No refunds were made during the fiscal year.

As part of the FY2020-21 Exception Based Capital Improvement Program Budget Process, the following funding was appropriated with Water Demand Mitigation Fees:
> $39,150 was appropriated to the Sustainable Water Infrastructure Project (SWIP) Injection Well (SM-10i) - construction began October 2021, expected completion by end of 2022
> $1,127,540 was appropriated to the Recycled Water Main Expansion Project - construction began December 2020 (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocation pursuant to subdivision (f) of Section 66001.

F) An approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete.

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Packet Pg. 248 Attachment: AB1600 FY21-22 REPORT rev2 (5321 : Annual Reporting of Development Impact Fees) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.G
1 of 5
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of 1st Modification of Agreement #4957 with Flying Lion for Drone as a First Responder Program
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to agreement #4957 in the amount of $136,000 with Flying Lion Incorporated (FLI) to provide air support services for the Police Department. This will result in a two-year amended agreement with a new total amount not to exceed $181,000, with future year funding contingent on Council budget approval.

Summary
The Drone as a First Responder (DFR) Program allows for the Santa Monica Police Department (SMPD) to provide the highest quality of law enforcement services using a technology system that maintains the safety of the community and SMPD personnel.

The costs associated with operating a DFR Program is a fraction of the cost of a traditional law enforcement Air Support Unit. The DFR Program provides the ability for a Remotely Controlled Aerial Systems (RAS) pilot, who is a trained police officer, to provide crucial and real-time intelligence to responding officers allowing them to handle an incident as safely as possible.

Discussion
In 2018, California police departments pioneered a new concept in rapid response to police emergencies: using remotely controlled aerial systems to pro-actively respond to emergency calls. The Drone as a First Responder concept is different than traditional RAS programs in that it is proactive rather than reactive. Instead of launching a drone

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after an officer is already on scene, the DFR program stations the RAS to respond to emergencies as soon as they occur, getting a drone on scene before responding officers arrive. RAS Pilot officers can evaluate the situation and relay information to responding officers and field supervisors. The RAS can also feed live-streaming video of the incident to watch commanders and others to help personnel determine the best tools, tactics and resources to safely mitigate an event – often before officers arrive on scene.

In November 2021, the Department’s RAS Program began its own DFR program for a six-week trial period where an RAS was used as a first responder to 911 calls for service. The trial program proved successful and beneficial to the Department and the DFR program was continued beyond its trial period. In December 2021, the City entered into a one-year agreement with Flying Lion, Inc. to extend its DFR program. Since then, the Police Department has found the DFR program to be working as designed and it has proven invaluable to the mission of the Department.

The DFR program is a proactive method of policing that has demonstrated the ability to increase officer and community safety, while reducing overall police response times. In Santa Monica, the DFR program has arrived first on scene in approximately 75% of its calls. The program gives first responders real-time information and even “eyes on scene,” proving to be a powerful de-escalation tool. Since these programs were first launched, there have been multiple incidents where officers have scaled down their tactics and successfully defused situations with reduced use of force.

Currently, SMPD contracts with Flying Lion to provide a line-of-sight pilot for the DFR program. Flying Lion also serves as an advisor to the City about legislative changes as they relate to RAS use of airspace overseen by the FAA. Flying Lion will assist with the implementation and administration of the RAS program that utilizes drones to provide Air Support Services to enhance the Police Department’s mission of protecting lives and property. Flying Lion will, in part, staff the DFR program, train SMPD personnel, and provide technical services related to the Department’s RAS program.

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The fiscal year 2022-23 Capital Improvement Program budget provided funding for the first year of the DFR program on a “pilot program” basis. The use of drones in law enforcement is an evolving field and when a drone is in flight it is required to have both a pilot and an observer. The use of contract pilots is beneficial as these are far less expensive than the City hiring qualified pilots as employees. This current fund request is to enable the continued operation of the City’s DFR program. A future department budget enhancement will be needed to continue this program.

Vendor Selection
Exception to Competitive Bidding
Staff recommends Flying Lion, Inc. to provide RAS staffing, training, and advising as an exception to competitive bidding per Muni Code 2.24.250 (b). b. when a good or service is copyrighted, patented or only available form one license holder, including, proprietary goods, original equipment manufacturers and/or exclusive distributors;
Vendor Justification
Flying Lion, Inc. provides an invaluable level of expertise, service, and training for the operation of an RAS which includes a licensed pilot trained in law enforcement practices and a superior practical understanding of the Motorola Cape software system. Flying Lion assisted with the setup of the network, connectivity, and integration of the multi-layered systems of the current RAS operation, flight controls, Cape software and other technical aspects, that allow for safe and seamless operation of flights. Additionally, Flying Lion provides troubleshooting assistance specifically related to RAS systems when technical issues arise that are beyond the expertise of other companies in the marketplace. This includes having direct contact with Motorola who is the provider of the Cape software that enables the tracking and mapping of flight information used for the operation of the RAS. In addition to Flying Lion’s expertise with this software in general, the company is also familiar with how Cape interacts with SMPD’s other hardware, infrastructure, equipment and integration systems.

Flying Lion provides a high level of service that meets the requirements of the City’s DFR program which contributes to the current circumstance where competition to

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provide these services does not reasonably exist because only Flying Lion has the expertise to meet the needs of the program. As of now Flying Lion is the only company that has a proficient understanding of the systems which the Department’s pilots are trained to work with. Finally, Flying Lion has provided hours of expert training to SMPD’s pilots, supervisors, and administration about current laws governing RAS, our systems capabilities and limitations, along with current trends and other products on the market to enhance the current operation.

Flying Lion, Inc is associated with other law enforcement agencies in the region, including police departments in Chula Vista, Redondo Beach and Beverly Hills. The expertise provided by this vendor is noteworthy with plenty of flight hours that have been a tremendous benefit to the success of the Department’s DFR Program.

Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of contract with Flying Lion, Inc. for UAS staffing, training, and advising.

Future year funding is contingent on Council budget approval.

Contract Modification Request
Agreement #
Current Authorized
Amount
FY 2022-23
Request Amount CIP Account # Total Revised Contract Amount 4957 $45,000 $136,000 C0108310.689000 $181,000

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Prepared By: Cody Green, Police Lieutenant
Approved Forwarded to Council
Attachments:

A. Flying Lion CT#4957
B. Flying Lion - Oaks Initiative Form

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1 UAS AIR SUPPORT SERVICES AGREEMENT
This Agreement for project services (this “Agreement”) is made between the City of Santa Monica (“City”) and Flying Lion, Inc., a California Corporation (“Contractor” or “Consultant”).

The parties hereby agree as follows:

A. Description of Project or Scope of Services. The project description or scope of services to be provided by Contractor, and any corresponding responsibilities of City or services required to be provided by City are set forth in Exhibit “A”.

B. Term and Time of Completion. Contractor shall commence and complete the project or services described in Exhibit “A” in accordance with the term set forth in Exhibit “B”.

C. Compensation. City agrees to compensate Contractor for the work Contractor performs and provides to City in accordance with Exhibit “C”.

GENERAL PROVISIONS

1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, officer, agent, joint venturer, or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment.

Contractor shall have no rights to any benefit which accrue to City employees unless otherwise expressly provided in this agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be the Contractor’s sole responsibility.

2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fees or commission, percentage, gift, or any other consideration, contingent upon or resulting from award or making of this agreement.

3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics, or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If Applicable, Contractor shall prepare check prints upon request. Said plans, drawings, reports calculations, data, specifications, videos, graphics or other materials shall be specific for the project herein and shall not be used by the City for any projects without Contractor’s consent. Notwithstanding the foregoing, Contractor shall not be obligated to assign any proprietary software or data developed by or at the director of Contractor for Contractor’s own use; provided, however, that Contractor shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.

4. Inspection. If the services set forth in Exhibit “A” shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice. Inspections by the City shall not relieve or minimize the responsibility of the Contractor to conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement.

Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Contractor hereunder.

5. Services. The project or services set forth in Exhibit “A” shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit “A” are itemized by price in Exhibit “C”, the City in its sole discretion, may upon notice to Contractor, delete certain items DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 254 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 2 or services set forth in Exhibit “A”, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Contractor’s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Contractor.

6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit “A”. Contractor, including any of its subcontractors, shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four (4) years after Contractors completion of performance of this Agreement. Copies and all pertinent reposts and correspondence shall be furnished to the City for its files.

7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Contractor.

8. Additional Assistance. If this Agreement requires Contractor prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City’s request for addenda and assistance is outside of the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.

9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement.

Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor’s profession.

10. Business License. Contractor shall obtain a City of Santa Monica Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.

11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City and Contractor may, separately and in their sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Contractor of the project or services hereunder, upon providing a 30-day written notice to the other party. In the event of any such termination, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement prior to Contractor’s receipt of notice of termination, irrespective of whether such material or services of other have actually been delivered, and further provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by the City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor’s finished or unfinished work product through the time of the City’s last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computation, drawings, and specification or other data, whether complete or not.

12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided immediately above, DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 255 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 3 provided, however, there shall be deducted from such amount the amount of damages, if any, sustained by the City by virtue of Contractor’s breach of this Agreement.

13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that Contractor has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one (1) year.

14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against and all claims, including, without limitation, claims from bodily injury, death or damage to property, demands, charges, obligation, damages, caused of action, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Contractor’s obligation to indemnify shall be up to insurance limit, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against Indemnitees.

15. Insurance. Contractor shall comply with the requirements set forth in Exhibit “D”. Insurance requirements that are waived by the City’s Risk Manager do not require amendments or revisions to this agreement.

16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.

17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules, and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and non-discrimination laws.

18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the service which Contractor shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City’s sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Contractor, Contractor shall provide the City upon request copies of each and every subcontractor prior to the execution thereof by Contractor and subcontractor. Any attempt by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s prior written consent shall constitute a material default under this Agreement.

DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 256 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 4 The sale, assignment, transfer of other disposition, on a cumulative basis, of twenty-five percent (25%) or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement. Further, the involvement of Contractor or its assets in any transaction or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.

19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Contractor shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City’s sole and absolute discretion.

20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondences or documents exchanged between Contractor and City may be used to assist in the interpretation of the exhibits to this Agreement.

21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.

22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those in any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by the Contractor.

23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.

24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit “A” which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities of City, shall be deemed extraneous to, and not part of, this Agreement.

25. Time of Essence. Time is of the essence of this Agreement.

26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.

27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties.

For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered “third parties”.

28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.

29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees (including expert witness fees) and costs. This provision shall survive the termination of this agreement.

DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 257 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 5 30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provision of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after the accrual of the cause of action.

31. Interpretation. Contractor acknowledges that it has had ample opportunity seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.

32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to the City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light and batteries) shall be warranted for a period of thirty (30) days from date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor’s expense, including shipping. Contractor shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit “C” hereto.

33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.

34. Authority. City warrants and represents that the Chief of Police or his designee of the City of Santa Monica Police Department is duly authorized to enter into and execute this Agreement on behalf of the City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and executed this Agreement on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.

35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.

36. Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

IN WITNESS WHEREOF, the parties hereto enter into this Agreement.

ATTEST:
______________________________

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

DOUG SLOAN
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

DAVID WHITE
City Manager
FLYING LION, INC.

By: _______________________________

BARRY BRENNAN
President
DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 258 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 6 EXHIBIT A

PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
A. DEFINITION
City Location: Santa Monica, California.

Description of Service: Provide Remote Pilots in Command (RPIC) to support SMPD’s small Unmanned Arial Support (sUAS) program.

Initial Scheduled Operations: 4 days a week, 10 hours per day.

B. CONTRACTOR’S DUTIES
Contractor shall perform the following duties.

Implement and administer the UAS program that utilizes UAVs to provide Air Support Services to enhance the department’s mission of protecting lives and property.

FLI working in conjunction with the SMPD will staff the DFR Program. With FLI staff initially supporting & training SMPD:

Launch Site(s) – Police Department (or other suitable location) and will staff a rooftop Remote Pilot in Command (RPIC)
Future Phases Supported:

As SMPD expands the DFR Program, FLI is able and prepared to staff additional hours, days and locations.

I. Increased working days and hours operation at primary launch site (11-24 hours per day)
II. Expansion to additional sites for up to 24 hours per day operations Provide testing and recommendations for equipment, software and procedures to support the world class SMPD sUAS program,
Provide the City with Monthly Air Support activity reports.

C. CITY’S DUTIES

1. City will provide all equipment including UAVs, sensors, controllers, accessories (batteries, memory cards), computer equipment, roof shelters, networking equipment, and any other hardware/software necessary to perform the job. After initial trial period, City will be responsible for Motorola Cape, Air data and any other vendor supported services.

2. City will provide a safe and secure work environment for Contractor and Contractor’s staff.

DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 259 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 7 3. City will provide aviation liability and UAS hull insurance coverage for all UAS being flown.

4. City’s hull insurance coverage and/or self insurance will repair any damage to City provided equipment (independent of fault.)
DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 260 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 8 EXHIBIT B

SCHEDULE FOR PROJECT
TERM. Once executed this Agreement shall be understood by the parties to have an effective date of January 8, 2022 and shall continue until December 30, 2022, unless otherwise terminated as herein provided.

DFR Training and Launch - Full Staffing and Training
Program Details
The Flying Lion Trial Program includes:
 Motorola Solution’s Aerial Suite Software for 6 week Trial Program  Rooftop based FAA Part 107 Remote pilot and Visual Observer (for nighttime operations)  Flying Lion staff to accompany Air Support Officers during full shifts  Motorola Aerial Suite’s Setup of Geofences and Obstacles  Motorola Aerial Suite Training for Sworn SMPD Air Support Officers (ASO Overall Guidance to Ensure DFR Program Statistics are Captured Accurately and Consistently The Department would be responsible for:
 Sworn personnel to serve as Air Support Officers (ASOs)  Drones with 30x zoom camera and/or infrared sensor
 Helping to identify and secure the rooftop location
 A hard wired data line (minimum speeds 40 up and 40 down) to the rooftop location DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 261 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 9 EXHIBIT C

COMPENSATION

DFR SMPD UAS PROGRAM
Scope:

DFR Trial Period: November 26, 2021 to January 7, 2022.

DFR Program Period Dates: January 8, 2022 to December 30, 2022 10 Hour Days + 1 hour O/T to cover setup and breakdown
10:00h to 20:00h (7 hours daytime / 3 hours nighttime) with Actual hours - 09:30h to 20:30h *Assumes we don't have any weather delays and SMPD will supply VO during nighttime operations Description of Service: Flying Lion, Inc. to provide Remote Pilots in Command (RPIC) to support SMPD’s small Unmanned Arial Support (sUAS) program.

Initial Scheduled Operations: 4 days a week, 10 hours per day.

Pricing Beyond DFR Trial Period (or additional scope)
Contractor shall be compensated as provided below.

RPIC Hourly Rate
i. RPIC Daylight Hours ................................................................................... $42.50 per hour ii. RPIC Daytime Overtime Hours (for hours over 10 hours Per Day) ............ $63.75 per hour iii. RPIC Nighttime Hours ................................................................................. $51.00 per hour iv. RPIC Nighttime Overtime Hours (for hours over 10 hours Per Day) .......... $76.50 per hour v. VO Hours..................................................................................................... $32.50 per hour vi. Non-flight Rate (mechanical/adverse weather/TFR)................................... $32.50 per hour (Minimum of 5 hours for any scheduled flight day)
During non-flight time, RPIC can perform:
 Aircraft inspections & prep for repair
 Logging/updating administrative records
 Testing and updating systems
 Updating operating procedures/checklists
…. and other tasks as requested
vii.Holiday Pay - Hours Billed at 1.5x for all rates. Holiday list will align with City of Santa Monica’s holiday schedule.

Training
Daily Rate (up to 10 students) ...............................................................................$1,200/day i. Part 107 Exam (3 days)
ii. Flight Training (2 days)
iii. Motorola Aerial (1 day)
Equipment Leasing ..................................................................................................................Varies Equipment Maintenance...........................................................................................................Varies DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 262 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 10 Consulting/Training (non-flying) Rate............................................................................$250.00/hour  Development of Department Documents (SOP, Emergency Procedures, etc.)  FAA Consulting (Airspace Authorizations)
 Aircraft Testing and Assessment
FAA Consulting Services
Beyond Visual Line of Site (BVLOS) COA...........................................................................$7,000 Tactical Beyond Visual Line of Site (TBVLOS) COA ..........................................................$2,000 Two Drones to One Operator (2:1) ......................................................................................$3,000 Any additional services provided by Flying Lion, Inc. ...................................... Current Rates Apply COMPENSATION PAID TO CONTRACTOR. The total amount of compensation paid to Contractor under this Agreement for any and all products and services performed by Contractor and provided to City shall at no time exceed $45,000, unless the Agreement is amended in writing by the parties to provide otherwise.

METHOD OF PAYMENT. Contractor shall provide an invoice every 15 days, to City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Contractor may be required to provide back-up documentation upon request.

SCHEDULE OF PAYMENT. City agrees to pay Contactor any undisputed amounts in correctly submitted invoices within thirty days (30) days of City’s receipt of the invoice; provided, however, that services are completed to the City’s full satisfaction.

NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties:

Contractor: Flying Lion, Inc.
2110 Artesia Blvd. Suite #234
Redondo Beach, CA 90278
City: Santa Monica Police Department
333 Olympic Dr,
Santa Monica, CA 90401
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.

DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

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Packet Pg. 263 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 11 EXHIBIT D
Agreement Insurance Requirements – Drone Contractors
Owner/Operator shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance, or use of the Unmanned Aerial Vehicle.

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

1. Aviation Liability Insurance-on an “occurrence” basis, including products and completed operations, property damage, bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy. In that event then:

2. 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 & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

3. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Owner/Operator 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. 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.

If the Owner/Operator maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Owner/Operator. 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 and Aircraft Liability policies with respect to liability arising out of the use, occupancy, operations or maintenance of the leased premises, including work or operations performed by or on behalf of Owner/Operator. CGL coverage can be provided in the form of an endorsement to the Owner/Operator’s insurance (at DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

5.G.a
Packet Pg. 264 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 12 least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Owner/Operator’s insurance shall be primary coverage as least as broad as Insurance Services Office 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 Owner/Operator’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: Owner/Operator hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Owner/Operator may acquire against the City of Santa Monica by virtue of payment of any loss. Owner/Operator 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 Owner/Operator, its employees, agents and subcontractors.
e. Loss Payee: The property insurance shall name the City of Santa Monica as Loss Payee as its interests appear.

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 Owner/Operator 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 selfinsured retention may be satisfied by either the name insured or the 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.

Verification of Coverage
Owner/Operator 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 the lease commences. However, failure to obtain required documents prior to the lease beginning shall not DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

5.G.a
Packet Pg. 265 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program) 13 waive the Owner/Operator’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.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Failure to Maintain Insurance Coverage
If Owner/Operator, 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 Owner/Operator resulting from said breach.

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

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

DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909

5.G.a
Packet Pg. 266 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: __ ______ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:

Bid/PO/Contract # ____________________________ Permit # ___________________________ Flying Lion, Inc.

Barry Brennan
Steven Katz
Barry Brennan
Steven Katz
Steven Katz VP
____
10/5/2022 ____
[email protected] 310-702-8147

5.G.b
Packet Pg. 267 Attachment: Flying Lion - Oaks Initiative Form (5379 : 1st Mod - DFR Program) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.H
1 of 3
To: Mayor and City Council
From: Edward F King, Director, Mobility (DOT)
Subject: Approval of First Modification to Alta Planning and Design Professional Services Agreement for Program Services for the Active Aging-Safe Routes for Seniors Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to Professional Services Agreement (PSA) #10949 (CCS) with Alta Planning and Design for the continuation of Program Services for the Active Aging-Safe Routes for Seniors Project for the Department of Transportation. This will result in a one-year amended agreement with a new total amount not to exceed $378,127, with future year funding contingent on Council budget approval.

Summary
Santa Monica’s Department of Transportation (DOT) is undertaking the Active AgingSafe Routes for Seniors program, a grant-funded program to evaluate activities to increase the mobility of older adults. The program was delayed by the pandemic as public health officials started to limit public gatherings and, since the program required interaction with the senior community, it was delayed until restrictions were lifted. This unplanned delay necessitated extending the term of this agreement. The total cost of the contract remains unchanged.

Discussion
The Active Aging-Safe Routes for Seniors program is an implementation effort based on community input received in the process of creating the Santa Monica Pedestrian Action Plan adopted in 2016. Community members identified the need for increased senior mobility to support aging in place. This pilot program seeks to meaningfully impact the

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active transportation needs and preferences of older adults, a demographic group that is growing in Santa Monica and the nation. The program pilots activities designed to increase walking, biking, and roadway safety for older adults, including communitybased events, active outings, seminars, and marketing approaches. Subsequently, these efforts will be evaluated to determine their ability to educate, encourage, and support older adults in safely using active transportation for daily needs.

The effort was originally launched just prior to the pandemic and it was determined by health experts that, as the virus impacts seniors at higher rates, seniors should limit public gatherings, and the planned program activities were prohibited. The City program was delayed until it was safe to resume, necessitating additional time to complete the project. The City has resumed in-person activities and now anticipates completing the pilot program activities by November 2023.

Vendor/Consultant Selection
The services of Alta Planning and Design were procured through an RFP process in 2019. Staff reviewed proposals and qualifications from the five consultant teams. The vendor responses were reviewed by a selection panel from the Mobility and Human Services divisions. The selection panel ranked Alta Planning and Design as the bestqualified bidder based on their knowledge and experience working with senior citizens, expertise of key staff on the project team, detailed approach and budget for project implementation, and program development expertise.

Past Council Actions
Meeting Date Description
10/15/19
(attachment A)
Original award of Professional Services Agreement with Alta Planning and Design to provide program services.

Environmental Review
This is not a project for the purpose of CEQA, as it will not result in a direct, or reasonably foreseeable indirect, physical change in the environment.

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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grants and Local Return funds to extend the term of contract 10949 with Alta Planning and Design in order to expend the remaining $378,127 for the Active Aging-Safe Routes for Seniors Project. Future year funding is contingent on Council budget approval.

Contract Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23 Budget
Modified Request
Amount
Dept/CIP Account # Total Revised
Contract Amount
10949 $0 $378,127 C2007390.689000 ($302,502)
C2707390.689110 ($75,625) $378,127
Prepared By: Peter Dzewaltowski, Transportation Planning Associate Approved Forwarded to Council
Attachments:

A. Active Aging City Council Report 3746, October 15, 2019 (Web Link) B. OAKS INITIATIVE FORM (1) - 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.

5.H.b
Packet Pg. 271 Attachment: OAKS INITIATIVE FORM (1) - signed (5384 : Active Aging Pilot Professional Services Agreement Extension)

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 # ___________________________ Natalie Lozano Vice President as duly authorized
[email protected] (503) 230-9862
Aug 30, 2022
Alta Planning + Design, Inc.

Michael Renshaw, Michael Converse, Brett Hondorp, Natalie Lozano, Katherine Mangle, Joseph Gilpin, Michael Rose, Matthew Hayes, Deven Young, Emily Duchon, Steven Frieson, Jessica Roberts The Trilon Group

5.H.b
Packet Pg. 272 Attachment: OAKS INITIATIVE FORM (1) - signed (5384 : Active Aging Pilot Professional Services Agreement Extension)

5.H.b
Packet Pg. 273 Attachment: OAKS INITIATIVE FORM (1) - signed (5384 : Active Aging Pilot Professional Services Agreement Extension) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.I
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Authorization to accept Grant from the California Office of Traffic Safety for the Selective Traffic Enforcement Program
Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $290,000 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program in the Police Department.

2. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals.

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

Summary
The Santa Monica Police Department (SMPD) has been awarded a $290,000 Selective Traffic Enforcement Program (2022 STEP) grant from the California Office of Traffic Safety (OTS) for a year-long program of education and special enforcement efforts to help prevent traffic-related deaths and injuries. The 2022 STEP grant would provide funding for an array of strategies to impact roadway safety, as well as funds for training and outreach. SMPD continues to work with community partners and mobility groups to ensure the safety of the roadways. These annual grant activities support Santa Monica in striving to attain the goals of Vision Zero and to ensure our commitment to providing safe travel for all transportation modes.

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Discussion
For over ten years, SMPD has been awarded OTS STEP grant funding that is specifically directed toward improving roadway safety in Santa Monica. SMPD uses these funds to conduct a variety of focused traffic enforcement operations, attend annual trainings, and purchase equipment to support traffic enforcement operations.

Similar to previous OTS STEP grants, the 2022 STEP grant would fund the following enforcement activities, mainly with overtime funds:
• DUI Checkpoint Operations
• DUI Saturation Patrol Operations
• Traffic Enforcement Operations focused on unsafe practices such as speeding and unsafe turning
• Distracted Driving Enforcement Operations
• Motorcycle Safety Enforcement Operations
• Pedestrian and Bicycle Safety Enforcement Operations
Additionally, the 2022 STEP grant program would include 10 traffic safety educational presentations to the community, “Know Your Limit” campaigns, and participation in the following state and national campaigns throughout the calendar year: National Walk to School Day, National Teen Driver Safety Week, National Highway Traffic Safety Administration Winter Mobilization, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California’s Pedestrian Safety Month. These strategies combined aim to help the community safely share the road and are proven strategies for reducing the number of injury traffic collisions. Safe movement throughout the city is an ongoing high priority at both the state and local level.

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Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.

Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the California Office of Traffic Safety Selective Traffic Enforcement Program. Staff also recommends the following budget changes.

FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20180002.40469G $290,000 20180002.511400.89016 $258,444 20180002.55522C $31,556
Total $290,000 Total $290,000
Prepared By: Neela Patel, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. SaMo_VisionZero_OnePager_Final

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TAKE THE FRIENDLY ROAD
is an invitation to take practical steps to care
for the safety of everyone, especially when
we’re out on the road. Together as a city, we
all have a role to play in helping reach zero
road-related fatalities and severe injuries.

BE A FRIENDLY ROAD ADVOCATE
In the coming months, we want to involve you in bringing the Friendly Road to your family, community, and neighborhood. Please join us by signing up at santamonica.gov/friendlyroad. You’ll receive occasional campaign updates and invitations to take action, along with the City of Santa Monica’s bi-weekly newsletter.

Together, let’s create a safe and friendly Santa Monica for everyone.

HERE ARE THREE WAYS WE ARE WORKING TOGETHER:

INFRASTRUCTURE
We are constantly evaluating the best ways to
improve our roads so that all road users feel safe and
confident. The impact on people’s lives from these
projects is significant; for example, severe injury
collisions have fallen by 71% on Ocean Park Boulevard
since bike lanes and left turn pockets were installed
between Lincoln and Cloverfield boulevards.

Infrastructure projects are for you! Community
input is essential to understanding how people use
our streets and where improvements can be made.

To share ideas or issues in your neighborhood
through our map-based survey — or to find out
what projects are happening across the city — go to
santamonica.gov/friendlyroad.

Recently, the City began work to install 19
miles of green bike lanes, upgraded 20 traffic
signals to detect bikes and implemented 50
Leading Pedestrian Intervals, which give
pedestrians a head start and have
been shown to reduce collisions
by up to 60%. Major project are
also coming to 17th Street
and Michigan Avenue that
will improve traffic flow and
safety for everyone.

ENFORCEMENT
The Santa Monica Police Department plays a critical
role in putting a stop to behaviors like speeding,
distracted driving, and not yielding to others.

SMPD also takes on the responsibility of helping
the community be safe in practical ways, including
through the support of crossing guards and regular
enforcement operations like DUI checkpoints. Next
time you see an officer, thank him or her for helping
us all take the friendly road!

EDUCATION
No matter what age you are or how you get
around Santa Monica, we all need to know how
to move about safely. Through our Safe Routes
to School program, we are teaching students how
to walk and bike safely. Through community events
and outreach, there are opportunities to understand
new projects and laws that are designed to keep
us all safe.

If you have an event coming up, we’d love to be there!
Friendly Road team members are available to come
raise awareness and pass out swag. Send us an
email at [email protected] to get in touch
with our team.
friendly
road

5.I.a
Packet Pg. 277 Attachment: SaMo_VisionZero_OnePager_Final (5402 : Office of Traffic Safety Grant) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.J
1 of 6
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Award RFP to provide professional services to assist Los Angeles Area Fire Chief’s Association Regional Training Group Fire Service Training Officer hosted by Santa Monica Fire
Recommended Action
Staff recommends that the City Council:

1. Award RFP #325 for professional services to Fire Resources LLC, to assist Los Angeles Area Fire Chief’s Association Regional Training Group hosted by Santa Monica Fire Department; and

2. Authorize the City Manager to negotiate and execute a professional service agreement with Fire Resources LLC, in an amount not to exceed $370,000 for a twenty-four month period, with future year funding contingent on Council budget approval and state homeland security grant funding.

Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies and other threats to homeland security. In grant years 2020-2022, $370,000 was awarded to the Santa Monica Fire Department as a part of the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant.

The $370,000 has been awarded to Santa Monica Fire on behalf of the Los Angeles Area Fire Chief’s Association (LAAFCA) to enter into an agreement with the training officer consultant group Fire Resources to assist the Regional Training Group fulfill LAAFCA’s regional training mission.

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The SHSP grant funds are administered by the County of Los Angeles on behalf of the Los Angeles-Long Beach Urban Area, which includes Santa Monica. City Council has already accepted the 2020 SHSP funds totaling $185,000, and the Fire Department has a pending agreement to award the remaining funds from the 2021 SHSP grant in the amount of $185,000. These funds have been granted to Santa Monica for the engagement of professional services to assist the Los Angeles Area Fire Chief’s Association Regional Training Group achieve its mission of fulfilling its homeland security goals. The agreement with the selected consultant, Fire Resources, would be for a term of two years.

Discussion
About the SHSP Grant Program
The focus of the SHSP program is to enhance regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department was asked to host funds to assist the RTG with facilitating county-wide trainings that support Fire’s core public safety missions as well as regional homeland security goals. The following are the ten major regional homeland security focus areas of the SHSP grant program, known as Investment Justifications (IJ):
lJ # 1: Strengthen Capabilities of the State Threat Assessment System; IJ # 2: Protect Critical Infrastructure and Key Resources; IJ # 3: Enhance Cybersecurity;
IJ # 4: Strengthen Emergency Communications Capabilities Through Planning, Governance, Technology and Equipment;
IJ # 5: Enhance Medical and Public Health Capabilities; IJ # 6: Preventing Violent Extremism Through Multi-Jurisdictional/InterJurisdictional Collaboration and Coordination; IJ # 7: Enhance Community Resilience, Including Partnerships With Volunteers and Community Based Organizations and Programs;
IJ # 8: Strengthen Information Sharing and Collaboration; IJ # 9: Enhance Multi-Jurisdictional/Inter-Jurisdictional All-Hazards Incident Planning, Response & Recovery Capabilities; and

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IJ #10: Homeland Security Exercise, Evaluation and Training Programs The SHSP program directly supports the national priority of expanding regional collaboration within the National Preparedness Goal, which defines what it means for the whole community to be prepared for all types of disasters and emergencies. The SHSP grant is intended to assist participating jurisdictions in developing integrated regional systems for prevention, protection, response, and recovery from natural or man-made disasters.

The County of Los Angeles is the region's grant administrator for the SHSP grant and allocates funds to the City of Santa Monica. A regional working group and approval authority, made up of SHSP stakeholders from throughout the Los Angeles-Long Beach Urban Area, are the governance bodies that determine which regional projects to submit to DHS for grant funding.

The SHSP grant program is 100% federally funded by DHS and managed through the State of California's Office of Emergency Services. There is no requirement of a local match. The City of Santa Monica has received close to $20 million in federal security grant funding since 2003. These funds have been used to purchase necessary interoperable communication and infrastructure equipment, supplies, and training in direct support of overall regional goals to promote effective information gathering, sharing, and response to threats and/or acts of terrorism.

Agreement with Fire Resources, LLC
The City of Santa Monica Fire Department has been awarded funding to host a professional services contract with a subject matter expert to assist in fulfilling the Los Angeles Fire Chiefs’ Association Regional Training Group’s mission to provide unified, innovative, quality training to enhance firefighter safety and responder effectiveness.

The contractor will develop, direct, and execute strategies to ensure effective delivery of training to and for Los Angeles area fire service agencies and stakeholders. The contractor will assist with, support, and further develop the training and response readiness of Los Angeles area fire agencies for incidents of national significance

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including, but not limited to: acts of terrorism, natural disasters, public health threats and other large-scale incidents that pose a threat to public or first-responder safety. The contractor will perform detailed and comprehensive research, collaborate on, develop, and disseminate periodic and regular finished reports, advisories, bulletins, presentations, and briefings for executive and other fire service audiences on relevant fire service issues.

Consultant Selection
Bidder Recommendation
Best Qualified Person or
Firm and Only Bidder
Fire Resources, LLC
Evaluation Criteria The proposal, Fire Resources LLC, was evaluated based on the criteria in SMMC 2.24.190, including experience, understanding of scope of services to be provided, quality control, training, references, and compliance with City specifications.

Municipal Code SMMC 2.24.190
RFP Data
Date
Posted Posted On
Advertise In
(City Charter &
SMMC)
Vendors
Downloaded
Date Publicly
Opened
8/19/2022 City's Online Bidding Site Santa Monica
Daily Press
4 09/07/2022
Justification to Award
An interview panel consisting of one SMFD Deputy Chief and two Chiefs from other local Fire agencies interviewed the three parties who submitted proposals. Based on this criteria and criteria in SMMC 2.24.190, staff recommends Fire Resources LLC as the best qualified vendor to provide professional services to assist the Los Angeles Area Fire Chief’s Association Regional Training Group based on their extensive RFPs Received
Fire Resources, LLC Cisneros Business Services, LLC The Safe Community Project

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subject matter expertise in the Fire service, experience with similar projects, the results of their reference checks, and their ability to provide the services within the project budget.

Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to award a professional services agreement with Fire Resources LLC to provide professional services to assist the LAAFCA Regional Training Group.

Professional Service Agreement
FY 2022-23 Budget
Request Amount Department Account # Total Contract Amount $185,000 20190001.555179 $370,000
Future funding in the amount of $185,000 will be appropriated to the 2021 State Homeland Security Grant Fund account 20190001.55517A when the 2021 Grant Agreement is accepted by City Council at a date in the near future. These funds have been allocated by the State; the City is waiting for the formal contract agreement from Los Angeles County. Future contract funding is contingent on Council budget approval and future homeland security grant funds.

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Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Fire Resources Oaks exp 9.27.23

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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.

5.J.a
Packet Pg. 284 Attachment: Fire Resources Oaks exp 9.27.23 (5424 : Award RFP Training Professional Services on behalf LAAFCA) FOR CITY USE ONLY:

Bid/PO/Contract # Permit #

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 includesthe 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. Personalservices 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 a12- month period;

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

4. Non-competitive franchise awards with gross revenue of $50,000 or more 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 any12- month period; or

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

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

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

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

Sean A. Escontrias OR Fire Resources LLC
Prepared by: Sean A. Escontrias Title: President
Signature: Date:

Email: [email protected] Phone:
9-27-2022
(310) 500-5530

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Packet Pg. 285 Attachment: Fire Resources Oaks exp 9.27.23 (5424 : Award RFP Training Professional Services on behalf LAAFCA) 1 May 5, 2020
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 5, 2020
A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 3:00 p.m., on Tuesday, May 5, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/xzurkqeh.

Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 3:00 p.m., with all members present.

STAFF

ADMINISTRATIVE
ITEMS:

CITY RESTRUCTURING

8.A. Santa Monica: A Plan for Our Future - City Restructuring and Associated Modifications to the Fiscal Year 2020-21 Budget Resulting from Economic Impacts of COVID-19 Pandemic, was presented.

Recommended Actions
1) Staff recommends that Council authorize the following budget actions:
(a) Authorize staff to drawdown and use the entire $9.7 million Economic Uncertainty Reserve to mitigate short-term losses in FY 2019-2020;
(b) Authorize staff to release $9.2 million from assigned reserves in the General Fund and use those funds to mitigate short-term losses in FY 2019-20;
(c) Authorize staff to lower the General Fund Contingency Reserve formula from 15% to 12.5% in FY 2020-2021;
(d) Authorize staff to establish a $20 million Shutdown Reserve for FY 2020- 2021;
(e) Authorize staff to return $24 million of the Boeing/Gillette settlement funds from the Water Fund to the General Fund in FY 2019-2020;

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(f) Authorize staff to have the General Fund retain one quarter of the FY 2020-2021 Measure GSH transaction and use tax revenue; (g) Authorize staff to: (i) suspend the currently scheduled FY 2020- 2021 $7.3 million pension fund paydown payment, (ii) shift from a 13-year to 15-year schedule for the pension fund paydown, and (iii) suspend the FY 2020- 2021 and FY 2021-2022 pension fund paydown payments under the new 15-year paydown schedule; (h) Authorize staff to establish a $1 million Economic Recovery Fund in FY 2020-2021; and,
(i) Appropriate FY 2019-20 CIP expenditure adjustments to alternative resources as set forth in Attachment A.
2) Staff also recommends that Council authorize the following personnel actions:
a) Authorize the abolition of the positions identified by Department and classification in Attachment A, with the exception of positions whose duties relate directly and substantially to the Santa Monica Pier; authorize staff to issue layoff notices to employees occupying those positions as necessary to accomplish the restructuring plan in Attachment A and in accordance with applicable provisions of the City’s Charter and Municipal Code; and authorize staff to enter into negotiations with the labor groups representing the laid off employees over the impacts of the layoffs; and
b) Authorize the abolition of the positions identified by Department and classification in Attachment A whose duties relate directly and substantially to the Santa Monica Pier; authorize staff to issue layoff notices to employees occupying those positions as necessary to accomplish the restructuring plan in Attachment A and in accordance with applicable provisions of the City’s Charter and Municipal Code; and authorize staff to enter into negotiations with the labor groups representing the laid off employees over the impacts of the layoffs.
3) Staff also recommends that Council provide staff with direction regarding principles and priorities for allocating $2 million in ongoing funds beginning in FY 2020-21, and other remaining available funds, if any, for restoring programs should the City’s circumstances postCOVID-19 permit such restoration.

Dr. Ben Drati spoke on behalf of the Santa Monica-Malibu Unified School District.

Members of the public David Fairbank, Mr. Cowar, Jennifer Cowan, Benjamin Steers, Stacy Weakenpaine, Therese Kelly, Chris Pico, Lauralee Ashe, Michael Tarbet, Michael Goldstrum, Noah Sodi, Jason Ritterben, Cris Gutierrez, Jon Kean, Wesley Swung, Joanne Berlin, Jenny Amaya, Sharon Kingsley, Zina Josephs, Allison Hovel, Rachel Weinstein, Tricia Crane, Lorraine Fuentes, Sonya Sultan, Puja Thomas-Patel, Marcy Kaplan,

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Connor Everetts, Matt Stauffer, Gail Gutierrez, Carlos Rubio, Calisse Lindsey, Hillsbran Mercedes, Patti Braun, Michael Hanush, Cynthia Rhodes, Jayro Queme, Dr. Ashley Silvera, Jennifer Wolf, Michael Soloff, Noah Garrison, Rene Buchannan, Denise McGranahan, Ellis Raskin, Angel Towler, Noel Lewis, Tara Barauskas, Sheri Batalla, Phil Brock, Nico Bardicki, Carl Hansen, Carol Lemlein, Jason Kligier, Barbi Applequist, Ann Dudek, Angela Scott, Shawn Landres, Janet Gollery McKeithen, Nina Fresco, Tina Grossman, Denny Zane, Ericka Lesley, Shari Davis, Jennifer Kennedy, Marianne LaGuardia, Suzy Borlido, Joe Schmidt and Benjamin Kay spoke on the recommended action.

Questions asked and answered of staff included: there are questions and concerns from the school district as to whether or not the cuts being proposed for field access is a breach of contract with the school district; isn’t this a first step, and are there other opportunities to make budget decisions; how will the voluntary separation program adjust the layoffs being proposed; if someone in the city is laid off, they have a year to be reinstated in their job, could the Council choose to extend the reinstatement period by an additional year; how would the city be able to request volunteers to cover staffing for school district field access instead of providing Community and Cultural Services (CCS) staff; how do we balance the cost against the fees that we charge for services; how many members are in the Preserving Our Diversity (POD) program; are we actually going to eliminate 300 positions, even with the number of employees who took advantage of the voluntary separation plan; the people who are laid off, are they able to get unemployment; what is the total number of layoff notices that will be issued, or is there a range; in so much as Council accepts cuts in classifications, can unions negotiate those classifications; how are the negotiations with labor negotiators going to be conveyed to council, in open or closed session; with those who will ultimately be laid off, will they receive services from the city to help them transition to other employment; can you explain why other options have not been considered prior to proposing layoffs, and, why were negotiations with labor groups not included before now; what role will the bargaining unions have to be involved in the final layoff plans; how is the Fire Chief going to deal with the bargaining union in order to bring about the suggested staffing changes; is there any way to save a specific position without going into the $2 million dedicated to restoration; are there any specific programs that the city would want to have restored using the $2 million; does it take more of Finance staff team if the Council decided to go to a quarterly budget process; if we’re going to promote cleanliness, is that possible with the reduction of painters; can the revisioning project be completed with the impact of COVID-19 and a reduction in staff; for Fire, is 35 staff members the minimum daily number of Firefighters needed; does Fire currently have staffing that is being proposed as part of their budget cut; will Council have options when this plan comes back after

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Councilmember Morena
excused at 8:17 p.m.

Councilmember Morena
returned at 8:19 p.m.
labor negotiations; was the process to remove certain programs first and then eliminate positions associated to those programs; is there capacity to make deeper cuts in the Office of Communications; what is the cost for the Print Shop; is there any Emergency Operation Center (EOC) work that is being done that certain staff cost could be recovered from the federal government; and do cross-trained individuals who have disaster services training get any special status, or do we get a stronger claim from the federal government for those workers.

Councilmember Morena recused himself from this vote in order to avoid any perceived conflict of interest because his family owns a restaurant on the Pier.

Motion by Councilmember Davis, seconded by Councilmember Jara, to authorize the abolition of the positions identified by Department and classification in Attachment A whose duties relate directly and substantially to the Santa Monica Pier; authorize staff to issue layoff notices to employees occupying those positions as necessary to accomplish the restructuring plan in Attachment A and in accordance with applicable provisions of the City’s Charter and Municipal Code; and authorize staff to enter into negotiations with the labor groups representing the laid off employees over the impacts of the layoffs.

The motion was approved by the following vote:

AYES: Councilmembers Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve and authorize all items 1(a) through 1(i) of the recommended action. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Considerable discussion ensued on topics including, but not limited to:
whether or not to consider Architectural Review Board (ARB) design review options; concerns about asking for decisions about proposed staffing cuts without having analysis to show who these cuts impact; and, explanations for eliminating some positions, but creating others instead.

Motion by Councilmember Morena, seconded by Mayor Pro Tem O’Day,

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to authorize the abolition of the positions identified by Department and classification in Attachment A, with the exception of positions whose duties relate directly and substantially to the Santa Monica Pier; authorize staff to issue layoff notices to employees occupying those positions as necessary to accomplish the restructuring plan in Attachment A and in accordance with applicable provisions of the City’s Charter and Municipal Code; and authorize staff to enter into negotiations with the labor groups representing the laid off employees over the impacts of the layoffs.

The motion was approved by the following vote:

AYES: Councilmembers Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: Councilmember Jara
ABSENT: None
Considerable discussion ensued on topics including, but not limited to:

Collaboration and Communication with the community as a whole; guided by the message of Social Justice, how do we protect and preserve those vulnerable, Health and Safety programs, with better cost recovery; and Resiliency is key where value to spending resources on Mobility and Sustainability.

Motion by Councilmember Davis, seconded by Councilmember Jara, to divide the money into five buckets in the amount of $400,000 each:
1) increasing the POD program; 2) Youth Programs; 3) Outdoor health; 4) Mobility; and 5) Sustainability.

Friendly amendment Councilmember Winterer, to move the dollar amounts around, with a maximum of $400,000, but relatively equal. Considered friendly by the maker and seconder.

Friendly amendment Councilmember Winterer, to use funds from the Housing Trust Fund to increase the POD program and potentially refund LAFLA. This was considered direction with no addition to the motion.

Friendly amendment by Councilmember Winterer, to find an expenditure neutral way to preserve design review of large projects and continue to provide the ARB’s pro bono services to the Planning Commission. The motion was considered friendly by the maker and seconder of the motion.

Friendly amendment by Councilmember Himmelrich proposed priorities 1) feeding people; 2) keeping people in their homes, including the POD program and then 3) restoring Youth programs. The motion was not considered friendly by the maker.

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Packet Pg. 290 Minutes Acceptance: Minutes of May 5, 2020 3:00 PM (CONSENT CALENDAR) 6 May 5, 2020
Substitute motion by Councilmember Morena to: 1) set aside $110,000 to preserve the agreement with SMMUSD; 2) focus on principles and analysis: look at cuts through a social justice lens, labor negotiations: 3) review of revenue and expenditures per fund; 4) preserving revenue generation processes across departments; 5) re-envision the grants programs; 6) Cleanliness in the City, and look at ways to preserve the best of the city. The motion failed due to a lack of a second.

Mayor Pro Tem O’Day supported the motion.

Friendly amendment by Mayor McKeown, to make the buckets to be more flexible and put more emphasis on the people in need, then distribute the remainder of the money for other priorities, including The Westside Food Bank and Meals on Wheels. The motion was considered friendly by the maker and seconder.

Councilmember Morena proposed a friendly amendment to earmark the $110,000 for SMMUSD, grant programs for afterschool programs, and consideration for revenue generating programs. The motion was considered friendly by the maker and seconder.

The motion for direction, with amendments was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:46 p.m. in memory of the nine Santa Monica residents who have died from the coronavirus.

ATTEST: APPROVED:

Denise Anderson-Warren Kevin McKeown
City Clerk Mayor

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Packet Pg. 291 Minutes Acceptance: Minutes of May 5, 2020 3:00 PM (CONSENT CALENDAR) 1 May 12, 2020
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 12, 2020
A regular meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, May 12, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/qabdpbgt.

Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:33p.m., with all members present.

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

On order of the Mayor, the City Council recessed at 5:33 p.m., to consider closed sessions and returned at 7:25 p.m., with all members present, to report the following:

1.A. Conference with Labor Negotiator: Government Code Section 54957.6
Agency Designated Representatives: Chief People Officer Lori Gentles and Human Resources Manager Shawn Weiske. Bargaining Units:

Administrative Team Associates, California Teamsters Local 911, Confidential Unrepresented Employees Pay Plan, Executive Pay Plan, Municipal Employees Association, Management Team Associates, Public Attorneys Legal Support Staff Union, Public Attorneys Union, Santa Monica Fire Executive Management Association, Santa Monica Firefighters Local 1109 IAFF, Santa Monica Police Officers Association, Supervisory Team Associates, International Association of Sheet Metal, Air, Rail, and Transportation Workers, Transportation Division Local 1785 (SMART TD).

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

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Shawn Joyner v. City of Santa Monica, Ernesto Rodriquez, Los Angeles Superior Court, Case BC599994.

The Interim City Attorney advised this matter was an injury that occurred on the Big Blue Bus. The City Attorney’s Office recommended a Settlement Agreement in the amount of $350,000.

Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve Settlement Agreement No. 11043 (CCS). The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

There was no public comment on the various Consent Calendar items.

At the request of Councilmember Morena, Item 3.E was removed from the Consent Calendar.

Motion by Councilmember Jara, seconded by Councilmember Morena, to approve the Consent Calendar except for Item 3.E., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
FOURTH STREET EXPO 3.A. Approval of Contract Modification for Additional Design Services to Obtain Caltrans Clearance for the Fourth Street Expo Linkages Project, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute a first

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modification to agreement #10674 (CCS) in the amount of $130,000 with Cannon Corporation, a California-based company, for additional design and coordination services for an enhanced Fourth Street bridge barrier treatment required by Caltrans for the Fourth Street Pedestrian and Bicycle Improvements/Expo Linkages Phase II project. This would result in a four-year amended agreement with a new total amount not to exceed $445,000 ($280,000 of the total is state grant-funded by Caltrans’ Active Transportation Program);

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

BIG BLUE BUS 3.B. Authorization to enter into Agreement No. 11038 (CCS) with UCLA for Extension of BruinGO Transit Pass Program, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute an agreement to renew the Big Blue Bus Transit Pass Program (BruinGo!) with the University of California, Los Angeles (UCLA) effective July 1, 2020 for a three-year term through June 30, 2023 with two, one-year, mutually agreed upon options through June 30, 2025 at the costs noted in the Negotiated Rates section of the staff report.

TOWING SERVICES 3.C. Award Bid for Towing Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #4388 to:
a) FMG Inc. (a California-based company) for towing services for the City’s fleet of transit buses and heavy-duty fire apparatus; b) Classic Tow, Inc., doing business as Tip Top Tow Service (a California-based company) for towing of the City’s fleet of passenger and light, medium, and heavy-duty vehicles, Police department vehicles, and towing and storage of impounded vehicles for the City’s Police Department; and,
c) EVS Inc. doing business as All City Tow Service (a Californiabased company), for towing and storage of impounded vehicles for the City’s Police Department;

2. Authorize the City Manager to negotiate and execute Agreement Nos. 11039 (CCS) through 11041 (CCS) with:
a) FMG Inc for towing of transit buses and Fire Department heavy apparatus in an amount not to exceed $532,030 over a five-year period, which includes a 10% contingency and a 5% cost escalator in year 5, with future year funding contingent on Council budget approval; and
b) Classic Tow, Inc., for passenger and light, medium, and heavy-duty

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vehicle towing and impounding services in an amount not to exceed $1,609,350 over a five-year period, which includes a 10% contingency and a 5% annual cost escalator, with future year funding contingent on Council budget approval; and
c) EVS Inc., for light-duty, medium-duty, and heavy-duty towing and storage of impounded vehicles in an amount not to exceed $27,500 over a five-year period, which includes a 10% contingency with future year funding contingent on Council budget approval.

INTERIM CITY

ATTORNEY

3.D. Approval of Agreement No. 11042 (CCS) with George Cardona for his services as Interim City Attorney, was approved.

Recommended Action
Staff recommends that Council:
(1) approve the agreement with George Cardona for his services as Interim City Attorney; and,
(2) authorize the Mayor to sign the agreement on behalf of the City.

COVID-19 EMERGENCY
Councilmember Morena
excused at 7:28 p.m.

3.E. Adoption of Resolution No. 11247 (CCS) entitled “AN

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

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF

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

Recommended Action
Staff recommends that Council adopt the attached 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.

Councilmember Morena pulled this item to recuse himself to avoid any appearance of a conflict of interest because his family owns a restaurant on the Pier.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to approve the recommended action. The motion was approved by the following vote:

AYES: Councilmembers Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
ORDINANCES:

BUILDING STANDARDS

7.A. Second Reading and Adoption of Ordinance No. 2635 (CCS) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

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Councilmember Morena
returned at 7:30 p.m.

OF SANTA MONICA AMENDING SECTION 8.08.050 OF THE SANTA
MONICA MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA

BUILDING STANDARDS CODE REGULATION TO EXEMPT

FREESTANDING WALLS SEVEN FEET OR LESS IN HEIGHT FROM

REQUIRING A BUILDING PERMIT, AND ADOPT A LOCAL

AMENDMENT TO THE BUILDING STANDARDS CODE TO

EXEMPT CONCRETE OR MASONRY WALLS FOUR FEET IN
HEIGHT OR LESS FROM REQUIRING A BUILDING PERMIT”, was
presented.

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

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

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ZONING 7.B. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2636 (CCS) entitled “AN EMERGENCY INTERIM

ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ESTABLISHING INTERIM ZONING

REGULATIONS FOR ECONOMIC RECOVERY OF THE BC
(PROMENADE) DISTRICT AND THOSE PORTIONS OF THE BC
(2ND AND 4TH STREET) DISTRICT BOUNDED BY SECOND
STREET TO THE WEST, BROADWAY TO THE SOUTH, 4TH

STREET TO THE EAST, AND WILSHIRE BOULEVARD TO THE
NORTH”, was presented.

Recommended Action
Staff recommends that the City Council adopt an Emergency Interim Zoning Ordinance establishing interim zoning regulations to support and facilitate the economic recovery of the Third Street Promenade area, bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.

Members of the public Denise Barton and Shawn Landres commented on the recommended action.

Questions asked and answered of staff included: what are the negative consequences for having permanent land use entitlements; what used to happen with the loading requirements previously; with the activation of the

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alleys, is there going to cause any problems with loading; what’s going to happen with non-appeal option for alcohol exemptions if the city receives complaints from residents in the area; is there another alternative for people who live on the Promenade to get notification that an alcohol exemption is being issued; besides a citations, can some other penalty be brought against an establishment for violation; would this allow the Planning Director to approve a tasting room if it is not in the code; don’t establishments have Department of Alcohol Beverage Control licenses which already require them to have a large percentage of food sales; how is the loading in the alley going to affect automobile and non-automobile access; in determining what access is available, will this allow the Planning Director to look at better usage for space; is there some way that complaints can be reviewed post opening to see if operators are acting in bad faith; what’s the on-going process going forward when tweaks are needed; is there a timeframe for the loading, is there something already in place to address impacts, for example sanitation; has there been any complaints since the issuance of alcoholexemption permits; will this plan allow inadvertently a combination of spaces or will there still be limitations on how space can be used; is there anything in this that allows creativity to office space on the ground floor; why not temporarily suspend rules, instead of abandoning them completely which would leave the city with no recourse if a restaurant changes uses; and, with the alcohol provision, is the city able to enforce the law.

Considerable discussion ensued on topics including, but not limited to, consider our permitting fees and what a reduction in those would yield in terms of activity, and, look for ways to provide non-car travel.

Motion by Councilmember Davis, seconded by Mayor Pro Tem O’Day, to introduce and adopt at first reading of the emergency ordinance reading by title only and waiving further reading thereof.

Mayor McKeown proposed an amendment to change the cap to 50 percent on alcohol sales to be in accordance with the Department of Alcohol Beverage Control rules, and rather than having a one-year limit to threeyear limit for any reuse of a site/business. The motion was not considered friendly by the maker or seconder.

Substitute motion by Mayor McKeown, to retain the recommendation and to add the two previous amendments. The motion died due to lack of a second.

Councilmember Himmelrich, proposed a friendly amendment to adopt the Department of Alcohol Beverage Control’s requirement, if only to make it within the city’s ability to enforce it. The motion was withdrawn because this provision is already included in the proposed ordinance.

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The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Jara, Winterer, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Direction given to staff to prioritize looking for creative ways to let restaurants expand their serving footprint by using space that might not otherwise be available to them such as sufficiently wide sidewalks, closedoff street areas or nearby parking lots.

ECONOMIC RECOVERY 7.C. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2637 (CCS) entitled “AN EMERGENCY INTERIM

ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ESTABLISHING INTERIM ZONING
REGULATIONS FOR ECONOMIC RECOVERY IN THE CITY’S

DOWNTOWN, MIXED USE AND COMMERCIAL, EMPLOYMENT,

OCEANFRONT, AND PUBLIC AND SEMI-PUBLIC DISTRICTS,

EXCLUDING THE AREA INCLUDING AND IMMEDIATELY

ADJACENT TO THE THIRD STREET PROMENADE SUBJECT TO
DIFFERENT INTERIM ZONING REGULATIONS”, was presented.

Recommended Action
Staff recommends that the City Council introduce and adopt an Emergency Interim Zoning Ordinance modifying permitting procedures and use classifications to support the economic recovery of local business impacted by COVID-19 in all commercial areas except for the Third Street Promenade area.

Member of the public Joshua Lickman spoke to the recommended action.

Questions asked and answered of staff included: why the difference in hours for serving alcohol from 2 a.m. to midnight; is this blanket closing at midnight to streamline and simplify; if a restaurant wanted to stay open until 2 a.m. would they be able to do that through the CUP process; does looking at outdoor dining include looking at restaurants expanding their serving space to allow for social distancing; is the extension of the one-year applicability retroactive; is there a reason the light industry was included on Third Street, but not on Main Street; is a to-go window with limited service included; why wasn’t Bergamot included and are there any other areas of the city that should be included in the new rules; any reason why tattoo shops, barber shops or salons weren’t included; does this IZO allow different businesses to fit a round peg into a square box; what was the thinking behind the no standing on outside patio restriction; was the letter from the Main Street Merchants with their additional ideas received and

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considered; and, was the letter received from a large property owner in the Bergamot area regarding parking requirements received and considered.

Considerable discussion ensued on topics including, but not limited to:

Main Street restaurants that served alcohol up to 2 a.m. have drawn a lot of complaints in the past; although there are suitable places, not every establishment on Main Street should be able to serve alcohol until 2 a.m.; if an operator wants to serve alcohol until 2 a.m., they can apply for a CUP which will allow neighbors the opportunity to weigh in with any concerns; a CUP would allow the Planning Commission to craft conditions that addresses any concerns; concerns that new businesses will be treated differently than existing businesses on Main Street; concerns that the City may be undervaluing adjacent residential neighborhoods and ignoring serious impacts to those who live close by; the financial viability of alcohol sales, especially between midnight and 2 a.m.

Motion by Councilmember Winterer, seconded by Councilmember Jara, to introduce and adopt at first reading of the emergency ordinance reading by title only and waiving further reading thereof.

Councilmember Davis proposed a friendly amendment to pay special attention to the interaction between loading operations and, in general, potential conflicts between automobiles and other forms of transportation such as pick-up zones and cars crossing the bike lanes. The motion was considered friendly by the maker and the seconder.

Councilmember Morena proposed a friendly amendment to include tattoo shops and personal care sites in the IZO. The motion was not considered friendly by the maker.

Councilmember Morena proposed a friendly amendment to offer the alcohol exemptions for Friday and Saturday nights extending until 2 a.m.

The motion was not considered friendly by the maker.

A substitute motion by Councilmember Morena, seconded by Mayor Pro Tem O’Day to adopt the recommendation, with the friendly amendment by Councilmember Davis, and include the alcohol exemptions for Friday and Saturday nights extending until 2 am.

The motion failed by the following vote:

AYES: Councilmembers Morena, Davis, Mayor Pro Tem O’Day NOES: Councilmembers Himmelrich, Winterer, Jara, Mayor McKeown ABSENT: None

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The main motion was back on the floor, including the friendly amendment from Councilmember Davis.

Motion by Councilmember Winterer, seconded by Councilmember Jara, to introduce and adopt at first reading of the emergency ordinance reading by title only and waiving further reading thereof, with the amendment as we go through this plan, paying special attention to the interaction between loading operations and potential conflicts between automobiles and other forms of transportation. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Direction to staff that when there’s time, have council change some of the standards in the Bergamot Area, particularly change-of-use issues; prioritize for restaurants to expand their footprint for service; add tattoo parlors, barber shops and salons to be considered the next IZO.

AFFORDABLE HOUSING 7.D. Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 9.53.130 to Exempt One Hundred Percent Affordable Housing Projects That Result in the Addition of 16 Residential Units or More from Transportation Allowance Requirements, was presented.

Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance to amend Section 9.53.130 of the Municipal Code to exempt 100% affordable housing projects that result in the addition of 16 residential units or more from the requirement to provide a transportation allowance to residents of the project.

There was no public comment on this item.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Himmelrich, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

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SHARED MOBILITY 7.E. Introduction and First Reading of an Ordinance Modification to Postpone Launch Date of the Second Shared Mobility Pilot Program and Restructure PROW Fees, was presented.

Recommended Action
Staff recommends that the City Council:
1) Introduce for first reading the proposed ordinance, amending Section

3.21.090 of the Santa Monica Municipal Code to extend the term of the first Shared Mobility Device Pilot Program from June 30, 2020 to September 13, 2020, and amending Section 3.22.090 of the Santa Monica Municipal Code to change the effective date of permits for the second Shared Mobility Pilot Program from July 1, 2020 to September 14, 2020.
2) Provide direction to staff on the restructuring of the established $1 per device per day PROW fee to a per trip PROW fee.

Members of the public Tim Harder and David Fairbank spoke to the recommended action.

Questions asked and answered of staff included: which operators are left in the city and what kind of devices are they using; when does the Breeze bike contract terminate; does it make senses to do the micro-mobility proposals in September to bridge the gap between the end of the Breeze contract and the other mobility companies; are public-right-of-way fees being considered for other delivery services or is it just applicable to micromobility; when was the original RFA due; how long does this program last; what’s the revenue for devices over the past year; if the similar amount of numbers were applied for ridership, what would the revenue be using the per trip fee; where did the question of mopeds end up with regard to micromobility; where is the $1 going for infrastructure today; if the operator fee is reduced in half, would that be enough to recoup our cost; where does the city stand on mopeds and what are operators supposed to do if they are not included; how long would it take to develop a plan for moped operators to be included in the shared mobility plan; has there been any thought about delaying this RFA proposal and just treading lightly and wait for things to rebound a little from the COVID-19; is there any sense why the previous scooter and bike companies left the city; on the bidder call, what types of devices did the various companies have to offer; do other cities around charge a per trip fee, and if they do, how much do they charge; have there been any comparisons for insurance requirements; can we amend the pilot program as it currently exists to sub other operators; is it possible to take the allocation and split it among the remaining two entities; and, what happens when the Breeze bike contract is up in November.

Considerable discussion ensued on topics including, but not limited to: how to get affordable, equitable transportation to local residents; given this time

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of uncertainty, extend the program a year to work out a lot of questions, concerns and address the uncertainty; and, Breeze should be incorporated in with shared mobility.

Motion by Councilmember Davis, seconded by Councilmember Morena, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof, with a change to extend the current pilot program with the two current operators for a term through April 30, 2021; direct staff to come back with a proposal to change the fee structure; and give time to figure out how integrating the future of the Breeze Bike Sharing program into the planning process.

Councilmember Himmelrich proposed a friendly amendment to consider including mopeds to shared mobility devices and direct staff to come back with a per-trip fee instead of a per-day fee. The motion was considered friendly by the maker and seconder.

The motion, with amendments was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Morena, seconded by Mayor McKeown, to direct staff to reduce the per-trip fee by 30% resulting in a per-trip fee of .25 cents. The motion failed by the following vote:

AYES: Councilmembers Morena, Himmelrich,
Mayor McKeown
NOES: Councilmembers Davis, Winterer, Jara,
Mayor Pro Tem O’Day
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Davis, to direct staff to set the per-ride fee at .20 cents. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

COUNCILMEMBER
DISCUSSION ITEMS:

CITY EMPLOYMENT

13.A. Request of Mayor McKeown that Council direct staff to prepare for Council approval a resolution or ordinance, as appropriate, temporarily granting, over and above the one year

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granted by Section 1109 of the Santa Monica City Charter, an additional one year (bringing the total to two) in which an employee discharged from City employment as the result of a decision by the City Council to abolish a position or reduce the number of employees in a given class in the Classified Service shall, should such position be reinstated or any position involving substantially the same duties be created and filled, be appointed thereto, was presented.

There was no public comment on this item.

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

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC INPUT: Members of the public Denise Barton commented on various local issues.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:28 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Kevin McKeown
City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 26, 2020
A regular of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, May 26, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/argwbkvz Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present.

CLOSED SESSIONS Members of the public Chris Pecaut, Adriana Yossef, Denise Barton, Jennifer Wolf, Irma Jarro, and Lauralee Ashe commented on closed sessions.

On order of the Mayor, the City Council recessed at 5:50 p.m., to consider closed sessions and returned at 7:34 p.m., with all members present, to report the following:

1.A. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: Eloy Ortiz Oakley, et al., v. Betsy Devos, in her official capacity as the United States Secretary of Education, et al., U.S. District Court for the Northern District of California Case No. 20-cv-03215.

The Interim City Attorney recommended that the Council authorize the city to sign on to Los Angeles County’s amicus brief, supporting the California Attorney General’s request on behalf of a number of Community College

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Districts preliminary injunction precluding the U.S. Department of Education for enforcing eligibility requirements that would exclude undocumented immigrants, DACA recipients, DPS holders and asylum seekers, among others, from receiving aid allocated by the CARES Act for all students, regardless of immigration status.

Motion by Councilmember Winterer, seconded by Councilmember Jara, to join the amicus brief. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Winterer
NOES: None
ABSENT: None

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804, Second District Court of Appeal, Case No. B295935.

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

1.C. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: HIAS, Inc., et al. v. Donald J.

Trump, in his official capacity as President of the United States, et al., U.S. Fourth Circuit Court of Appeals Case No. 20-1160.

The Interim City Attorney recommended that the Council authorize the city to sign on to an amicus brief, to be filed by a coalition of cities, counties and Mayors, led by the City of Los Angeles, supporting the affirmance in the United States 4
th Circuit Court of Appeals, of a District Courts issuance of a preliminary injunction that bars the Federal Government from enforcing an Executive Order which gives states and is likely counties a veto when it comes to refugee resettlement, eliminating cities from their traditional role in the consultation process as it relates to refugees.

Motion by Councilmember Davis, seconded by Councilmember Morena, to join the amicus brief. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

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1.D. Conference with Labor Negotiator: Government Code Section 54957.6 Agency Designated Representatives: Chief People Officer Lori Gentles and Human Resources Manager Shawn Weiske. Bargaining Units: Administrative Team Associates, California Teamsters Local 911, Confidential Unrepresented Employees Pay Plan, Executive Pay Plan, Municipal Employees Association, Management Team
Associates, Public Attorneys Legal Support Staff Union, Public Attorneys Union, Santa Monica Fire Executive Management Association, Santa Monica Firefighters Local 1109 IAFF, Santa Monica Police Officers Association, Supervisory Team Associates, International Association of Sheet Metal, Air, Rail, and Transportation Workers, Transportation Division Local 1785 (SMART TD).

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

SPECIAL AGENDA
ITEMS:

2.A. Commendation: 126 City Employees, was presented.

2.B. Commendation: Katie E. Lichtig, Assistant City
Manager/Chief Operating Officer, was presented.

2.C. City Manager's Report: Economic Recovery Update, was presented.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

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

Members of the public Denise Barton commented on various Consent Calendar items.

At the request of Councilmembers Morena and Jara, Item 3.A and Councilmember Morena, Item 3.C were removed from the Consent Calendar.

Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve the Consent Calendar except for Items 3.A and

3.C, reading resolutions by title only and waiving further reading thereof.

The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

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AFFORDABLE HOUSING 3.B. Affordable Housing Funding Opportunities from the State, was approved.

Recommended Action
Staff recommends that the City Council adopt the Resolution Nos. 11248 (CCS) through 11250 (CCS):

1. Authorizing and adopting the 302(c)(4) plan for the Permanent Local Housing Allocation Program for Funding Allocation Years 2019-2023 (Attachment A); and

2. Authorizing the submission of an application for Permanent Local , Allocation Program Funding (Attachment B); and

3. Authorizing the submission of an application for Local Housing Trust Fund Program Matching Grant Funding (Attachment C).

EMPLOYEE

REINSTATEMENT

3.D. Adoption of Resolution No. 11252 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA GRANTING AN ADDITIONAL ONE-YEAR

REINSTATEMENT PERIOD TO EMPLOYEES LAID OFF AS A

RESULT OF THE RESTRUCTURING OF CITY OPERATIONS
CAUSED BY THE IMPACTS OF COVID-19”, was adopted.

Recommended Action
Staff recommends that Council adopt the proposed resolution recognizing a two-year reinstatement period (increasing by one additional year the reinstatement period set forth in the City Charter) for employees who are laid off as a result of the restructuring of the City’s workforce caused by the impacts of the COVID-19 pandemic.

OUTPLACEMENT AND

TRANSITIONING

SERVICES

3.E. Authorization to enter into Agreement Nos. 11047 (CCS) and 11048 (CCS) with Right Management Corporation and with BetterUP Outplacement and Transitioning Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute an agreement with Right Management Corporation for professional outplacement and transitioning services for the Human Resources Department.

This recommendation is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a total amount not to exceed $300,000, with future year funding contingent on Council budget approval.

2. Authorize the City Manager to negotiate and execute an agreement with BetterUp for professional coaching services for the Human Resources Department. This recommendation is made as an

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exception to the competitive bidding process pursuant to Section

2.24.250 (g) and is for a total amount not to exceed $125,000, with future year funding contingent on Council budget approval.

3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.
1550 BEACH PARKING
LOT
Councilmember Morena
excused at 8:32 p.m.

3.A. Award Request for Proposal and enter into Agreement No. 11046 (CCS) with Film Independent for the Independent Spirit Awards, was presented.

Recommended Action
Staff recommends that the City Council:

1. Award RFP# 249 to Film Independent to use a portion of the 1550 Beach Parking Lot for the Independent Spirit Awards from February 17, 2021 to March 4, 2021, and to return on tentative dates of February 16 to March 3, 2022 and February 15 to March 2, 2023

2. Authorize the City Manager to negotiate and execute a license Agreement with Film Independent for a three -year term. The annual rental for each of the three occupations is approximately $104,000.

Councilmember Morena recused himself from this item because the Spirit Awards are adjacent to the Pier, and to avoid any potential appearance of conflict of interest because his family owns a restaurant on the Pier.

Pulled by Councilmember Jara to ask questions of staff including, what type of revenue would it be for the businesses at the Pier. How much revenue does it mean for those businesses who close down for this event.

Motion by Councilmember Davis, seconded by Councilmember Jara, to approve the recommended action. The motion was approved by the following vote:

AYES: Councilmembers Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
COVID-19 EMERGENCY 3.C. Adoption of Resolution No. 11251 (CCS) entitled “AN

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

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF

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

Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the

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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.

Councilmember Morena recused himself to avoid any potential appearance of conflict of interest because his family owns a restaurant on the Pier.

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

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
ORDINANCES:

AFFORDABLE HOUSING
Councilmember Morena
returned at 8:38 p.m.

7.A. Second Reading and Adoption of Ordinance No. 2638 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.53.130 TO EXCLUDE ONE HUNDRED PERCENT

AFFORDABLE HOUSING PROJECTS FROM TRANSPORTATION
ALLOWANCE REQUIREMENTS”, was adopted.

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

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

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SHARED MOBILITY 7.B. Second Reading and Adoption of Ordinance No. 2639 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.21.090 TO EXTEND THE TERM OF THE FIRST SHARED MOBILITY DEVICE PILOT PROGRAM TO APRIL 30, 2021, AND
AMEND SANTA MONICA MUNICIPAL CODE SECTION 3.22.090 TO

CHANGE THE START DATE OF THE SECOND SHARED MOBILITY
DEVICE PILOT PROGRAM TO MAY 1, 2021”, was adopted.

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

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

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
STAFF

ADMINISTRATIVE
ITEMS:

CITY RESTRUCTURING

8.A. An Update on City Restructuring and Council Authorization to Restore Priority Programs, was presented.

Recommended Action
Staff recommends that Council:

1. Provide direction to staff on proposals to restore priority services not included in the May 5, 2020 restructuring plan;

2. Provide direction to staff on proposal to allocate CDBG entitlement and COVID-19-related funds; and

3. Provide direction to staff on the updated Community Services Pricing Policy on Fees.

Members of the public Ann Hoover, Katie Hoover, Karen Mulick, Leila Tasmini, Denise Barton, Margurita Garcia, Angela Scott, Carole Lemlein, and Ericka Lesley spoke to the recommended action.

Questions asked and answered of staff included: with regard to the Playground Access, was it correct that this was a recommendation from Presidium, and what does that mean; is it correct that an adult is not required to sign out a child in the Playground Access; is the city provided afterschool playground programs different than the Playground Access program; is it correct that the as-needed employees are only needed for onboarding the Preserving Our Diversity (POD) program, but staffing won’t be needed beyond and for maintenance; is there any talk about qualifying people for the POD program, in order to streamline the onboarding; when will the fee study be completed; how does a community partner with the city go about finding funding out there to replace losing funds; does the branding for the Economic Recovery and the branding with the Arts get connected; is there someone on city staff to assist businesses through the Sustainability efforts; how does it work keeping a Crossing guard Coordinator, but no crossing guards, and how does that play out for safety; does this proposal continue the food pantry at Virginia Avenue Park; has there been any discussion about the multiple efforts amongst the School, College and City to make sure that as much effort is being put forth; for community block grants, who would Administrator this effort, and is the city ready to take on the large number of residents; do we have another

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partner who could work more with our most vulnerable population besides Legal Aid; in youth related programs, is there any possibility to consider any grants; if fees are increased, and families don’t qualify for any assistance after the increase, how will those families be assisted; can we give the public any idea when the city will be able to address the Crossing guard question; if we must eliminate the Architectural Review Board (ARB), when will we get back the proposals for most cost effective design review and when are we going to get back the proposal to reduce the overhead on the Landmarks Commission; will staff come back to Council to decide fees; do we look at private vendors for fees; full cost recovery, or subsidy; and, how is the sliding scale going to work with subsidies as part of the fees.

Motion by Councilmember Winterer, seconded by Councilmember Davis, to provide direction to staff on proposals to restore priority services not included in the May 5, 2020 restructuring plan. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Morena, to provide direction to staff on proposal to allocate CDBG entitlement and COVID-19-related funds. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Jara, seconded by Councilmember Davis, to provide direction to staff on the updated Community Services Pricing Policy on Fees to look at a cost-of-living (COLA) adjustment for this year and initiative a fee study for next year. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

COUNCILMEMBER
DISCUSSION ITEMS:

STREETLIGHT

13.A. Request of Mayor Pro Tem O’Day that, in light of a majority of the residents affected now opposing the 9th Street Streetlight Assessment District, Council direct staff to prepare for Council

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ASSESSMENT approval a resolution rescinding Council’s prior authorization, as stated in Resolution 11213 (CCS) adopted November 12, 2019, to pay 50% of the costs of the proposed streetlighting, was presented.

Questions asked and answered of staff included: legally, can we do this:
how do we know that over half of the people don’t want the assessment; are these new people who have rescinded or did the original signers change their minds; do we know why there was a change of mind; and, could the residents bring back another petition and get it passed.

There was no public comment on this item.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC INPUT: Member of the public Bob Adams commented on various local issues.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:56 p.m. in memory of the 14 Santa Monicans who have died as a result of the coronavirus pandemic.

ATTEST: APPROVED:

Denise Anderson-Warren Kevin McKeown
City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
NOVEMBER 1, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Pro Tem McCowan at 6:01 p.m., on Tuesday, November 1, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Oscar de la Torre (arrived at 6:02 p.m.)
Councilmember Lana Negrete (arrived at 6:08 p.m.)
Councilmember Christine Parra

Absent: Mayor Sue Himmelrich
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor Pro Tem, the City Council convened at 6:01 p.m., with Mayor Himmelrich and Councilmember Negrete absent.

Councilmember Parra led the assemblage in the Pledge of Allegiance.

PUBLIC INPUT FOR
CLOSED SESSION:

There were no members of the public present to comment on closed session items.

CLOSED SESSIONS
Councilmember de la Torre
excused at 6:02 p.m.

Councilmember Negrete
arrived at 6:08 p.m.

Councilmember de la Torre recused himself from Closed Session due to a potential conflict of interest.

On order of the Mayor Pro Tem, the City Council recessed at 6:05 p.m., to consider closed sessions and returned at 9:25 p.m., with Councilmember de la Torre and Mayor Himmelrich absent, to report the following:

3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): City of Santa Monica v. The Insurance Company of the State of Pennsylvania, et al., LASC Case No. 21STCV36027 The City Attorney advised this matter was heard with no reportable action taken.

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3.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Gov. Code Section 54956.9(d)(1): John VMA Doe, et al. v. City of Santa Monica, et al., Case No. 22STCV30598; John TAU Doe, et al. v. Santa Monica PAL, et al., Case No. 22STCV19401; John Doe 1-4 v. Does 1-50, Case No. 21STCV34537; John Doe 5 and John Doe 6 v. Does 1-50, Case No. 22STCV08765; John JH Doe v. Police Activities League, et al., Case No. 21STCV24491; John Doe (D.C.) v. Santa Monica Police Activities League, et al., Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., Case No. 22STCV17022; John Doe #1, John Doe #2 and John Doe #3 v. Santa Monica PAL, et al., Case No. 22STCV03113; John Doe 142 v. Doe 1, Doe 2, and Doe 3, Case No. 22STCV01268; Jose Villaseñor v. City of Santa Monica, et al., Case No. 22STCV17835 The City Attorney advised this matter was heard with no reportable action taken.

CONTINUED ITEMS:

ARCHITECTURAL

REVIEW BOARD

8.A. Recommendation to accept Therese Kelly's resignation from the Architectural Review Board and authorize the City Clerk to publish the vacancy, was presented.

Motion by Councilmember Brock, seconded by Councilmember Negrete, to accept the resignation with regret.

The motion was approved by a unanimous by voice vote, with Councilmember de la Torre and Mayor Himmelrich absent.

BREAK/RECONVENE On the order of the Mayor Pro Tem, the Council took a break at 9:30 p.m. to allow time for Councilmember de la Torre to return. The Council reconvened at 9:35 p.m. with Councilmember de la Torre present.

MEASURE A
Councilmember de la Torre
returned at 9:35 p.m.

8.B Request of Mayor Himmelrich and Councilmember Davis that the City Council express its support for Los Angeles County Measure A. Measure A would amend the Charter of the County of Los Angeles to grant the Board of Supervisors authority to remove an elected Sheriff from office for cause by a supermajority (4 out of 5) of the Board, was presented.

Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt the staff recommendation. The motion was not approved by the following vote:

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

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LINCOLN BOULEVARD 8.C Request of Councilmembers Negrete and Brock that the City Manager evaluate options to enhance the maintenance and appearance of Lincoln Boulevard between Olympic Boulevard (north and south), inclusive of portions of Olympic Blvd east and west of Lincoln, as depicted roughly in the shaded area in the attached map. This is a highly trafficked and visible area of the City and serves as a gateway for visitors to Santa Monica and the City Manager is being asked to return to City Council with options to improve the area, was presented.

Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent.

SISTER CITIES

COMMEMORATION

8.D Request of Councilmember Brock to direct the City Manager to evaluate the potential of programming the open space along Main Street adjacent to the City Hall North Parking Lot in partnership with the Santa Monica Sister City Association that would commemorate our five Sister Cities: Mazatlan, Mexico (1961), Hamm, Germany (1969), Fujinomiya, Japan (1974), Kizugawa, Japan (2017), and Brighton, England (2022), was presented.

Motion by Councilmember Brock, seconded by Mayor Pro Tem McCowan, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent.

PICKLEBALL 8.E Request of Councilmember Negrete to direct the City Manager to develop construction and annual maintenance cost estimates and evaluate the impacts of constructing courts dedicated to pickleball on the Interim Open Space at Santa Monica Airport adjacent to Airport Park as soon as possible while supporting other current and planned uses on the Interim Open Space. The City Manager is also being asked to produce a schedule of permitted and open recreational use of the tennis / pickleball courts at Memorial Park and evaluate the potential to expand the use of the courts at Memorial Park for pickleball, was presented.

Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent.

SMOKING ORDINANCE 8.F Request of Councilmember Negrete that the City Council direct the City Manager and City Attorney to come back with a proposed Ordinance to the City’s Smoking Ordinance, Section 4.44.020(a) of the Santa Monica Municipal Code (“SMMC”), to prohibit smoking in multi-unit residential common areas, and the public right-of-way areas around multi-unit residential buildings, was presented.

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Motion by Councilmember Negrete, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was unanimously approved by voice vote, by all members, with Mayor Himmelrich absent.

HOUSING 8.G Request of Councilmembers Brock, Parra and de la Torre, in the wake of residents’ concerns about the “Builder’s remedy” permits just filed for 1,000s of new housing units, overwhelmingly market rate and up to 15 stories, that the Council ask the City Attorney to hire appropriate outside legal counsel to conduct a thorough review and write a report regarding the City’s legal options and remedies, including rejecting the applications under all applicable laws. The law firm hired to conduct this review shall be selected by the City Council and shall have the power to obtain documents it deems useful to its legal review and be given full cooperation by staff and elected and appointed officials, was pulled from the agenda by authors.

COUNCIL TRAVEL 8.H Request of Mayor Pro Tem McCowan that the City Council authorize use of her travel funds for costs incurred from her July 27- 30, 2022 travel to Brighton, England for the official Friendship City signing ceremony in partnership with Santa Monica Travel and Tourism and the Santa Monica Sister City Association, was presented.

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

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan
NOES: None
ABSENT: Mayor Himmelrich
ADJOURNMENT On order of the Mayor Pro Tem, the City Council meeting adjourned at 10:31 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Kristin McCowan
City Clerk Mayor Pro Tem

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
SEPTEMBER 29, 2020
A special meeting of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, September 29, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/xxxyhdtd Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara (arrived at 5:32 p.m.)
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present except Councilmember Jara.

CLOSED SESSIONS
Councilmember Jara arrived
at 5:32 p.m.

There was no public comment on closed sessions.

On order of the Mayor, the City Council recessed at 5:36 p.m., to consider closed sessions and returned at 6:00 p.m., with all members present, to report the following:

1.A. Conference with Legal Counsel – Existing Litigation – Litigation has been Initiated Formally Pursuant to Gov. Code Section 54956.9 (d) (1): Christine Sakatis v. City of Santa Monica, Los Angeles Superior Court, Case No. 18STCV00130.

The Interim City Attorney advised the Plaintiff alleges while being a passenger on a Big Blue Bus, she suffered an aggravation of a previous back injury, as a result of the bus running a red light and colliding with another car. The City does not admit to the allegation in the lawsuit, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended a settlement in the amount of $75,000.

Motion by Councilmember Winterer, seconded by Councilmember Jara, to

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approve Settlement No. 11087 (CCS), in the amount of $75,000. The motion was approved by the following vote:

AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Christopher Cherry and Debbie Mitchell v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 689680.

The Interim City Attorney advised that Plaintiff Debbie Miller filed her lawsuit alleging that while a passenger on a Big Blue Bus, she suffered injuries to her cervical spine, right shoulder and other areas of her torso, as a result of the bus rear ending a stopped car. The City does not admit to the allegation in the lawsuit, but to avoid the expense and burden of further litigation, the City Attorney’s Office recommended a settlement in the amount of $58,000.

Motion by Councilmember Winterer, seconded by Councilmember Jara, to approve Settlement No. 11088 (CCS), in the amount of $58,000. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

1.C. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): John JB Doe, et al. v. City of Santa Monica, et al., Los Angeles Superior Court, Case No. 20STCV28431
The Interim City Attorney advised this matter was heard with no reportable action taken.

SPECIAL AGENDA
ITEMS:

2.A. Presentation on voting options for the November 3, 2020, General Election, was presented.

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

There was no public comment on the Consent Calendar.

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Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

TRAFFIC SAFETY
GRANT

3.A. Authorization to accept grant from the California Office of Traffic Safety for the Selective Traffic Enforcement Program and Traffic Records Improvement Project, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to accept a grant awarded in the amount of $252,000 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program in the Police Department.

2. Authorize the City Manager to accept a grant awarded in the amount of $24,800 from the California Office of Traffic Safety for the Traffic Records Improvement Project in the Police Department.

3. Authorize the City Manager to execute all necessary documents to accept the grants and all grant renewals.

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

CITY WELLS 3.B. Approval of Second Modification to Professional Services Agreement #10210 (CCS) with WorleyParsons Group Inc. for Technical Oversight and Support Services was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10210 in the amount of $250,000 with WorleyParsons Group Inc. for Technical Oversight and Support Services (TOSS) for the Charnock and Olympic Well Fields for the Public Works Department. This will result in an eight-year amended agreement with a new total amount not to exceed $383,443, with future year funding contingent on Council budget approval.

WATER TREATMENT 3.C. Award Bid #4397 to Brenntag Pacific, Inc. for the Purchase of 93% Sulfuric Acid, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #4397 to Brenntag Pacific, Inc. for the purchase of 93% sulfuric acid for the Public Works Department;

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2. Authorize the City Manager to negotiate and execute a purchase order with Brenntag Pacific, Inc., in an amount not to exceed $110,000 for one year, with four additional one-year renewal option(s), with a 5% increase per year for a total amount not to exceed $608,000 over a five-year period, with future year funding contingent on Council budget approval.

MERCHANT

PROCESSING SERVICES

3.D. Award RFP #253 and enter into Agreement No. 11082 (CCS) with Paymentus Corporation to provide Merchant Account Processor Services, was approved.

Recommended Action
Staff recommends that the City Council:
1) Award RFP #253 to Paymentus Corporation, a North Carolina-based corporation, to provide merchant account processor services for credit card payments by members of the public to the City for fees and services; and
2) Authorize the City Manager to negotiate and execute professional services Agreement No. 11082 (CCS) with Paymentus Corporation in an estimated amount of $5.55 million for five years, with one additional three-year renewal option in an estimated amount of $4.22 million on the same terms and conditions, for a total estimated amount of $9.77 million over an eight-year period, with future year funding contingent on Council budget approval.

WATER RESOURCES

DIVISION

3.E. Approval of First Contract Modification for As Needed Engineering Support for the Water Resources Division, was approved.

Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a first modification to professional services Agreement No. 11083 (CCS) in the amount of $390,000 with 4Front, Inc. for engineering support services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $480,000, with future year funding contingent on Council budget approval.

WOODLAWN

CEMETERY

3.F. Adoption of Resolution No. 11288 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF

THE CITY OF SANTA MONICA ACCEPTING A DONATION TO

MAINTAIN AND SERVICE THE ETERNAL MEADOW AND GREEN
BURIAL SECTION OF WOODLAWN CEMETERY”, was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution authorizing the City Manager to accept

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a donation in the amount of $500,000 from Dr. Peter Bing to be used for the purchase of cemetery equipment, California native flowers and plants; design and installation of a new irrigation system; and to establish a maintenance contract for Woodlawn’s Eternal Meadow;

2. Authorize the City Manager to execute all necessary documents to accept the donated funds; and

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

LABOR RELATIONS 3.G. Adoption of Resolution No. 11289 (CCS) Authorizing the City Manager to Execute Memoranda of Understanding Nos. 11084 (CCS) through 11086 (CCS) with AFSCME Local 4819, Management Team Association and with the Municipal Employees Association, was adopted.

Recommended Action
Staff recommends that the City Council:

1. Adopt the proposed Resolution entitled “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 AFSCME SANTA
MONICA LOCAL 4819, MANAGEMENT TEAM ASSOCIATION
AND MUNICIPAL EMPLOYEES ASSOCIATION”;

2. Authorize budget changes as outlined in Attachment B.

CONFLICT OF

INTEREST CODE

3.H. 2020 Biennial Notice of Review of the City's Conflict of Interest Code, was approved.

Recommended Action
Staff recommends that the City Council, by Motion, receive and file the Fair Political Practices Commission 2020 Local Agency Biennial Notice advising that the city’s Conflict of Interest Code is currently under review.

AGENDA

MANAGEMENT
Due to the legal notice for Item 7.A. stating that the item would not be heard before 6:30 p.m., the Mayor recommended that the two 13 items be heard before the Miramar Development Agreement
Motion by Mayor McKeown, seconded by Councilmember Winterer, to hear Items 13.A. and 13.B. before 7.A. The motion was approved by the following vote:

AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

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COUNCILMEMBER
DISCUSSION ITEMS:

DISABILITIES

COMMISSION

13.A. Recommendation to accept Dee Cappelli's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was presented.

There was no public comment on this item.

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

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, McCowan, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

URBAN FOREST TASK
FORCE

13.B. Recommendation to accept Ellis Raskin's resignation from the Urban Forest Task Force and authorize the City Clerk to publish the vacancy, was presented.

There was no public comment on this item.

Motion by Councilmember Jara, seconded by Councilmember Winterer, to accept the resignation with regret. The motion was approved by the following vote:

AYES: Councilmembers McCowan, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ORDINANCES:
1133 OCEAN AVENUE

7.A. Introduction and first reading of an adopting Development Agreement 11DEV003, Vesting Tentative Tract Map 20ENT-0153, and an amendment to the 1992 Local Coastal Plan Land Use Plan for Redevelopment of the Miramar Hotel at 1133 Ocean Avenue, was presented.

Ex parteCommunications
Councilmember Davis, read a statement into the record: My husband works for Dell EMC, which is a subsidiary of Dell Technologies. Dell Technologies is a publicly traded corporation. My husband has never met Michael Bell, and is not an Officer, Director or Managing Agent for Dell Technologies or any subsidiary. He has no relationship with any person or entity that has any interest in the Miramar/Fairmont. His compensation will not be affected in any way by the Council’s decision on the Miramar. Nevertheless, on September 10, after Planning Commission approved the Miramar project and

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Councilmember Davis was
excused at 6:35 p.m.

I knew it would be coming to Council, I asked for an opinion of the interim City Attorney as to whether I had a conflict of interest that would prohibit me from hearing or voting on the matter. Sometime later, I received inquiries from members of the public as to whether I would recuse myself. I told them I already had asked for an opinion of the Interim City Attorney and that I would abide by his decision. I spoke with the City Attorney about it on September 21. In that conversation, he opined there was no conflict, but he advised me to contact the Fair Political Practices Commission. I called the FPPC that same day but could not get through until Tuesday, September 22.

The FPPC told me to send a request in writing, which I did. On September 23, I received what the FPPC characterized as conservative, informal advice that I should recuse myself. Although I have asked for a formal opinion, I still have not received it. Therefore, on the basis of the informal opinion, I will be recusing myself from the hearing tonight. My decision on any future items that might relate to this project is subject to my getting a formal opinion from the FPPC.

Mayor McKeown spoke on the phone with Ellis O’Connor who had a couple of questions, specifically about the mailer in the Santa Monica Daily Press over the weekend.

Mayor Pro Tem O’Day met regularly with all sides and community members and met with the applicant on the phone within the last few weeks.

Councilmember McCowan met with the applicant in person, Wilmont Neighborhood Association, toured property, met with SMAME, CCM, met with community members over the phone and in person.

Councilmember Himmelrich, met with applicant for about an hour last Thursday, and over time on multiple occasions, spoken with SMAME, other community groups, and with union members.

Councilmember Winterer, participated in a Zoom presentation with the applicant and their attorneys on September 18th and 4 p.m., walked the site with Elizabeth Vandenburg and Mary Marlow, met with Leadership of Santa Monicans against the Miramar Expansion on September 21st at 3 p.m., follow-up phone calls with the applicant and their attorney to ask questions on September 27th at 5 p.m. and 28th at 11:30 p.m., a phone call from a representative from Unite Here Local11, and phone calls and emails on both sides.

Councilmember Jara, met with the developers as well as Dustin Peterson and Rafael Pelli, the architect, on April 12th 2019 at 5:30, several community members and walked the site parameters, attended events at the Miramar over time, Sept. 19th at 3 p.m., met with Chair and Co-Chair NOMA, Santa Monica Against the Miramar, met with residents from the Pico

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Neighborhood Community, met with developers: Ellis, Paula, Dustin and Rafael, with 6 members of the Pico Neighborhood Community to bridge any concerns residents might have, read emails received, had conversations with community members.

Recommended Action
It is recommended that the City Council:

1. Affirm that the Miramar Hotel Project is exempt from CEQA pursuant to Section 15182 of the CEQA Guidelines;

2. Adopt Resolution No. 11290 (CCS) entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SANTA MONICA

CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE MIRAMAR HOTEL PROJECT”;

3. Adopt Resolution No. 11291 (CCS) entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SANTA MONICA

MAKING FINDINGS NECESSARY TO APPROVE THE

MIRAMAR HOTEL PROJECT, ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS AND MITIGATION
MONITORING AND REPORTING PROGRAM”;

4. Adopt Resolution No. 11292 (CCS) entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ADOPTING AN AMENDMENT TO THE UPDATED LOCAL

COASTAL PROGRAM LAND USE PLAN PERTAINING TO NEW
DEVELOPMENT LOCATED AT 1133 OCEAN AVENUE AND
1127-1129 SECOND STREET, IN THE CITY OF SANTA
MONICA”;

5. Introduce for first reading an ordinance adopting Development Agreement 11DEV-003; and

6. Approve the Statement of Official Action approving Vesting Tentative Tract Map 20ENT-0153.

The applicant’s representatives, Ellis O’Connor and Dustin Peterson, from MSD Partners presented to Council.

Members of the public Leslie Lambert on behalf of the Planning Commission, Martin Rodriguez, Joshua Christensen, Ivan Heinshaw, Emily McCarran, Becky Warren, Jeff Klocky, Ron Miller, Leonora Camner, Jeremy Stuts, Jonah Breslaw, Matt Stauffer, Avo Guerboian, Eddie Guerboian, Nate Redman, Greg Lewis, Christina Guerboian, Carl Hansen, Valerie Griffin, Evelyn Guerboian , Violet Lox, Carol Lemlein, Shawn Meir, Laura Giillette, Zachary Gissack, Jason Islas, Laurel Rosen, Susan Gabrielle Potter, Marina Eleuthria, Flora Salon, Lupe Stevenson, Sandra Ramirez, Dr. Mike Rooney, Susan Hougher, Mike Simnowski, Rafael Guday, Lores Mendoza, Jeremy Arnold, Luis Pores, Adolfo Navaro, Francis Ingler, Melania Velandia, Libby Russell, Abby Arnold, Beatrice Martinez, Jarrett Lingford, Marina Cepeda, Claudia Purelle, Deltoro Hernandez, Mark Humphrey, Andrew Simon,

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Elizabeth Perez, Viviana Hernandez, Peter Tren, Josh Trejo, Shawn Manuel, Jonathan Saints, Delfino de la Cruz, Chris Baca, Lida Arivas, Kathleen Rawson, and, Misti Kerns spoke generally in support to the recommended action.

Members of the public Zina Josephs, Ann Thanawalla, Denise Barton, Silky Cohler, Burt Champagne, Wendy Dumbo, Gary Levine, Susan Kunaho, Elizabeth Vandenberg, Nancy Coleman, Mario Fonda-Bernardi, Manuel Vazquez, Betsy Richardon, Ruby Demmo, Phillip Poracko, David Via, Alan Sinder, Steve Lanette, Ann Hoover, Melissa Thompson, Steven Martin, Mike Feinstein, Miriam Halpren, Mark Vervail, Budavon Morra, Kay Ward, Laura Wilson, Sandra Chase, and Laureen Von Calan spoke generally in opposition to the recommended action.

Questions asked and answered of staff included: during the three-year construction timeline, how will the city deal with the Transient Occupancy Tax (TOT) loss; does the enhanced Transportation Demand Management (TDM) requirement need to be added to the draft development agreement; does the affordable housing component violate any of the current laws and regulations; did the Environmental Impact Report (EIR) look at bluff stability issues and air quality concerns; what processes are in place to ensure that structural integrity is maintained in the surrounding neighborhoods and how wide does that range go; why are there only 42 affordable housing units being proposed; are the affordable housing units geared more for family units; is the future gains in TOT payment really a benefit to the city, or is it more of a benefit to the developer, since borrowing money is currently so cheap right now; if there weren’t condominiums in the project, what amount would go to affordable housing; has there been any discussion about providing offsite transportation for construction workers as a part of traffic mitigation; what would the TOT be if the condos were replaced with hotel rooms; how are you going to keep workers from parking on the side streets, when there aren’t enough parking spaces in the plan; what provisions could be placed in the agreement to address minority hiring in the construction of this project; how does the parking cash-out work; how does the city utilize the $75,000 affordable lodging fee; where does the project go from here, if the Council approves it; is there anything the city can do to make sure they are receiving the fair value from property taxes, if the developer decides they don’t want to go through with the development agreement entitlements; will benefits employees are receiving when the construction starts, be retained by them until the project is completed; will the developer have amenities for public cyclist to park their bikes on the property; would a Landmarks decision change the outside façade or reduce the room sizes; ways to mitigate additional traffic on California Street; what was the designation for the four impacted intersections before this project; does staff have an objection to releasing the amount of number of condos that can be rented to increase the TOT; are people required to buy food in order to have access to the elevated

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space; and, if there was access to upper level public space, would that create more traffic and congestion issues.

Planning staff provided responses to the Channel Law Group/Angel Law group letter dated September 29, 2020.

Considerable discussion ensued on topics including, but not limited to: the condominiums should have no cap on how many can be rented; more money needs to go towards senior programs and homeless; local hiring requirement should be included; and, this is a bad project because the developer is not a good community partner because they will not agree to not flip the project with the approved entitlements.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember McCowan, to affirm that the Miramar Hotel Project is exempt from CEQA pursuant to Section 15182 of the CEQA Guidelines. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, McCowan,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: Councilmember Himmelrich
ABSENT: Councilmember Davis
Motion by Mayor Pro Tem O’Day, seconded by Councilmember McCowan, to adopt Resolution No. 11290 (CCS) certifying the Final Environmental Impact Report prepared for the Miramar Hotel Project in accordance with CEQA. The motion was approved by the following vote:

AYES: Councilmembers McCowan, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Davis
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to adopt Resolution No. 11291 (CCS) approving the Statement of Overriding Considerations to support approval of the Miramar Hotel Project based upon the Final Environmental Impact Report and other information provided in the record and adopting a Mitigation Monitoring and Reporting Program for the Miramar Hotel Project, with amendments 1) for the condos, no cap on how many can be rented, with an additional 5 percent TOT, and 2) pull forward the incremental TOT over the upcoming years with the one-time payment of $2 million made to plan check, with monthly payments.

Councilmember McCowan, proposed a friendly amendment that the 5 percent in additional TOT from the condominium sales are earmarked specifically 2½ percent for homeless-specific programs with a preference to

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the downtown area, and 2 ½ percent for the housing fund. The motion was considered friendly by the maker and seconder.

Councilmember McCowan, proposed a friendly amendment to move $1.35 million from early childcare and allocate $1 million to early childhood programs and $350,000 to senior programs. The motion was considered friendly by the maker and seconder.

Councilmember Jara, proposed an amendment to make a preference for funding the community kitchen at Virginia Avenue Park, if it has not yet been funded. The motion was considered friendly by the maker.

Councilmember Jara, proposed an amendment to alleviate the requirement to purchase food or alcohol in order to access the upper public view. The motion was considered friendly by the maker.

Councilmember Winterer, proposed a friendly amendment to enhance TDM, if there is a penalty. Motion considered friendly by the maker and seconder.

Councilmember Winterer, proposed a friendly amendment that the developer agrees to pay the difference in the property tax without having the property reassessed, if the developer sells the property or sells 50% of ownership. The motion was considered friendly to the maker and seconder.

Councilmember Winterer, proposed a friendly amendment to have a Building and Safety plan check expediter move the project through as quickly as possible. The motion was considered friendly by the maker and seconder.

Councilmember Winterer, proposed a friendly amendment to include the historical period of significance and not leave it up to the Landmarks Commission, with a preference to not have the original bricks not be repainted. The motion was considered friendly by the maker and seconder.

The Interim City Attorney provided clarification language that the one-time payment of $2 million made with the filing of the plan check application, then the subsequent 11 quarterly payments (totaling $10 million) would be made in the quarters that follow the later of either the issuance of the building permit or the closure of the existing hotel.

The motion was approved, with amendments by the following vote:

AYES: Councilmembers Jara, Winterer, McCowan,
Mayor Pro Tem O’Day,
NOES: Councilmember Himmelrich, Mayor McKeown
ABSENT: Councilmember Davis

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Packet Pg. 327 Minutes Acceptance: Minutes of Sep 29, 2020 5:30 PM (CONSENT CALENDAR) 12 September 29, 2020
Mayor McKeown stated the reason for his no vote is because his concerns about the project cannot be overridden as long as the luxury condominiums are part of the project and make impossible some of the egress and ingress mitigations.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to adopt Resolution No. 11292 (CCS) amending the 1992 Local Coastal Program Land Use Plan (LUP) for 1133 Ocean Avenue (Miramar project site) and 1127-1129 Second Street (100% affordable housing site) to be consistent with the City’s Local Coastal Program Land Use Plan that was adopted by the City Council on October 9, 2018 and is pending certification by the California Coastal Commission. The motion was approved by the following vote:

AYES: Councilmembers McCowan, Winterer, Jara,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: Councilmember Himmelrich
ABSENT: Councilmember Davis
Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to introduce for first reading an ordinance adopting Development Agreement 11DEV-003, with amendments. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, McCowan,
Mayor Pro Tem O’Day,
NOES: Councilmember Himmelrich, Mayor McKeown
ABSENT: Councilmember Davis
Mayor McKeown stated the reason for his no vote is because of the inclusion of luxury condominiums.

Councilmember Himmelrich stated the reason for her no vote is because of the 60 luxury condos which she is opposed to. She doesn’t believe the requirements make this project feasible as well as the lack of a viewpoint at the top of the project.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Winterer, to approve the Statement of Official Action approving Vesting Tentative Tract Map 20ENT-0153. The motion was approved by the following vote:

AYES: Councilmembers McCowan, Winterer, Jara,
Mayor Pro Tem O’Day
NOES: Councilmember Himmelrich, Mayor McKeown
ABSENT: Councilmember Davis

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Mayor McKeown stated the reason for his no vote is because the vesting tentative tract map which makes the luxury condominiums possible which he is opposed to.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:38 a.m. in memory of Dolores Press.

ATTEST: APPROVED:

Denise Anderson-Warren Kevin McKeown
City Clerk Mayor

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Report
City Council Meeting: November 15, 2022
Agenda Item: 8.A
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Adoption of a Resolution Declaring Intention to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program and related categorical exemptions. (Continued from October 25, 2022) Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15311 (Accessory Structures) of the California Environmental Quality Act (CEQA) Guidelines in accordance with the Environmental Review section of this report; and

2. Adopt the attached Resolution of Intent declaring the Council’s intent to hold a public hearing on December 13, 2022 to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-ofhome advertising kiosk network for a 20-year term, per the terms and conditions stated in the resolution.

Executive Summary
The City initiated the Digital Wayfinding and Out-of-Home Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety via emergency capabilities, deliver community messaging, and generate revenues through advertising sales. Deployment of the kiosk network would be structured as a franchise agreement with an exclusive vendor that would require no direct costs incurred or investment made by the City, with the franchisee required to install, operate, and maintain the kiosks. Compensation for the City and the franchisee would be realized through profit-share of advertising revenues.

After an extensive evaluation process, finalist interviews, and reference checks, an

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internal evaluation team selected BIG Outdoor as the best bidder. BIG Outdoor offered a financial package that was significantly higher than all other bidders (including a $4 million signing bonus and a 50% revenue share offer to the City, with a $5 million minimum annual guarantee), the greatest community benefits, and kiosk technology and design most appropriate for the culture and aesthetic of Santa Monica, and would bring a well-qualified, sophisticated, and experienced team to deploy, operate, and maintain the kiosk network.

Background
In response to a recommendation from the Budget Task Force in February 2020, the City of Santa Monica is in the early stages of building a Community Partnerships (i.e., public-private partnerships) program to take a more innovative and entrepreneurial approach to address community priorities and further diversify the City’s revenue streams. This would support the City’s financial stability and its ability to continue providing robust community programs and services, particularly during times of economic volatility or unpredictable events, like the COVID-19 pandemic that decimated many of the City’s revenue sources.

An equally important goal of the Community Partnerships program is to provide new opportunities for relationship-building and collaboration between the City, residents, and businesses. The creation of the philanthropic donor-advised fund We Are Santa Monica in April 2020 was the first component of this program. Since its inception, the Fund has raised more than $1.6 million in donations and granted nearly $1 million to local nonprofit organizations, including a $400,000 grant to Local Initiatives Support Corporation to facilitate a small business grants program that exclusively supported Santa Monica businesses impacted by the pandemic.

The next Community Partnerships initiative began in June 2020 when Council directed staff to work with The Superlative Group, Inc. (Superlative) to complete a valuation study to look at several viable public-private partnership opportunities, including a digital wayfinding and out-of-home advertising program, as well as potential sponsorship and naming rights opportunities. To complete this work, Superlative conducted site visits,

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extensive information gathering, comprehensive quantitative and qualitative valuation analyses, development of an asset database, policy and contract analysis, and industry benchmarking.

In January 2021, as part of the City’s midyear budget update, staff presented the results of Superlative’s valuation study to Council. Following that presentation, Council directed staff to issue a Request for Proposals (RFP) to identify a franchise partner to establish a Digital Wayfinding and Out-of-Home (OOH) Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety with emergency capabilities, deliver community messaging, and generate new revenues through advertising sales.

Past Council Actions
Meeting Date Description
06/09/2020
(Attachment A)
Council directed staff to work with Superlative to complete a valuation study to look at all viable public-private partnership opportunities including sponsorships, naming rights, and digital wayfinding and out-of-home advertising.
01/26/2021
(Attachment B)
Council directed staff to move forward with an RFP process to identify a franchise partner to implement a Digital Wayfinding and Out-of-Home Advertising Program.

Discussion
Per Council’s direction, RFP #300 was published in December 2021 for a franchisee to manage a comprehensive advertising program to procure a partner that has successfully deployed, operated, and maintained kiosk programs in a minimum of three other similar markets, has a demonstrated history of producing strong advertising revenues, and is committed to actively managing the program to meet the needs of the City of Santa Monica and the community.

This would be a zero-dollar contract with the franchisee responsible for deploying, operating, and maintaining the kiosks at no cost to the City, with compensation realized through a percentage of advertising revenues. To ensure the franchisee has sufficient

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time to recover the significant initial capital investment required to launch the program, the term of the agreement would be 20 years.

The RFP closed in January 2022 and six proposals were received. Staff conducted a comprehensive evaluation of all proposals and short-listed three finalists based on their ability to achieve the stated objectives with emphases on community benefits and profit sharing. Superlative then performed an in-depth analysis of the finalists’ proposals and advised staff on the appropriateness of the technical specifications, feasibility of revenue projections, and adequacy of community benefits included in each.

Staff interviewed three finalists and then invited the top two to submit Best and Final Offers. After significant consideration, the internal evaluation team determined BIG Outdoor would be the best franchise partner for the City. BIG Outdoor has successfully launched similar digital kiosk networks in partnership with business improvement districts (BIDs) and retail centers in cities such as Miami, New York, Dallas, and Austin, and references attested to BIG Outdoor’s qualifications, responsiveness to community concerns, and the overall success of their digital wayfinding and OOH advertising networks.

Given that Santa Monica’s digital kiosks would largely be installed in commercial/retail corridors and in consultation with our BIDs, BIG Outdoor’s reputation for cultivating positive relationships with local businesses would be invaluable to the success of our kiosk network. Further, BIG Outdoor has extensive experience working with municipalities on various other advertising projects, including the City of West Hollywood.

The RFP required bidders to provide estimated revenue projections for the 20-year franchise term, as well as a minimum annual guarantee of revenues the City would receive if projected revenues are not achieved. BIG Outdoor’s proposal offered significantly higher financial benefits to the City than any other bidder.

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Projected Revenues
BIG Outdoor offered the City a 50% share of adjusted gross revenues, which it estimates would be an approximate average of more than $14 million annually over the franchise term, assuming a total of 50 kiosks are installed. City staff inquired into the viability of BIG Outdoor’s revenue projections, given that they were considerably higher than all other bidders. Staff learned BIG Outdoor has existing relationships with many notable high-profile companies that heavily invest in advertising to grow and maintain their market share, including American Express, Apple, Facebook, and Uber, among others. BIG Outdoor has been active in Santa Monica since 2013 with its digital signage network at Santa Monica Place, and its RFP revenue projections were informed by current rates in the local OOH market.

Minimum Annual Guarantee
BIG Outdoor offered a minimum annual guarantee of $5 million commencing upon full deployment and completion of Phase 1, with 3% escalation every three years for the duration of the franchise term. Effectively, the City would receive either 50% of adjusted gross revenues or $5 million per year, whichever is higher.

Signing Bonus
In addition to the 50% revenue share and minimum annual guarantee offers, BIG Outdoor also committed to paying the City a $4 million signing bonus prior to the effectiveness of the franchise agreement. A signing bonus was not requested in the RFP and the offer demonstrates BIG Outdoor’s stable financial position and confidence in its success in the Santa Monica market.

Additional Community Benefits
BIG Outdoor committed to contribute 2% of its net media revenues from the Santa Monica kiosk network towards community programs and services at the City’s discretion. This type of benefit was not requested in the RFP, was not offered by any other bidder, and validates BIG Outdoor’s commitment to being an engaged community partner.

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To ensure success of the program, BIG Outdoor has also committed to hiring a full-time community ambassador to interface directly with the City and community for all communications. This would be a community member who is intimately familiar with Santa Monica’s neighborhoods, residents, culture, and local businesses.

Furthermore, the City of Santa Monica would receive 10% free screen time dedicated to promoting City programs, services, initiatives, and announcements. In addition, any unsold time could be utilized for City messaging.

Maintenance and Repair
BIG Outdoor would be responsible for all maintenance and repair expenses, including graffiti removal, and would have a full-time team deployed seven days per week dedicated to maintaining the kiosk network. BIG Outdoor would also proactively monitor kiosks for software and network issues 24 hours per day.

Kiosk Design
The kiosks proposed by BIG Outdoor are designed for functionality and ease of use, and would include a variety of public benefits and smart technologies such as:
• Wayfinding information highlighting local businesses and attractions; • Public safety alerts;
• Emergency blue phone capability;
• Optional public safety surveillance;
• Public Wi-fi;
• Access to the City’s 3-1-1 customer service portal;
• Real-time transportation information, including arrival/departure data (e.g., bus, train, shared mobility devices, etc.);
• Pedestrian counting data;
• Photo booth with customizable Santa Monica digital frames and filters; • Multilingual display; and
• City and community messaging/advertising space.

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In addition to these features, BIG Outdoor would retain a local architect to design the exterior of Santa Monica’s kiosks to ensure they are fully customized for our community and aesthetically suitable for the areas in which they would be installed. (Example kiosk designs are available in Attachment C for conceptual purposes only.) Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm BIG Outdoor
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
BIG Outdoor IKE Smart City Smart City Media
Jolt Charge Inc. iKahan Media Tranzito-Vector
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
12/01/2021 City's Online
Bidding Site Santa Monica Daily Press 8 01/22/2022
Justification to Award
Based on these criteria and criteria in SMMC 2.24.190, staff recommends BIG Outdoor as the best qualified firm to install, operate, and maintain the Digital Wayfinding and OOH Kiosk Program based on the firm’s expertise, experience with similar projects, the positive feedback received during reference checks, kiosk technology and user interface, community benefits, and significant financial commitments.

Project Plan
Once the franchise has been awarded and the agreement executed, BIG Outdoor would present and collaborate with the City and community (including residents, neighborhood organizations, and BIDs) to determine final kiosk designs and user interface/applications, as well as finalize permanent locations for the kiosks, based on locations previously approved by Council, and identify alternate sites should issues arise at any location. BIG Outdoor’s internal construction team, along with local subcontractors, would identify utility infrastructure relative to kiosk locations, create utility drawings and work plan for connectivity, coordinate with utility companies for

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approvals, and would compile and apply for all necessary building permits and entitlements.

The project team would provide a detailed implementation schedule and prepare sites for installation, including notifications to community members within the vicinity of construction. In addition to installation of the displays, BIG Outdoor would provide comprehensive staff training on operating services and procedures. Upon launch of the wayfinding and OOH kiosk network, BIG Outdoor would immediately implement a comprehensive daily maintenance plan.

Phase 1 would include hardware design and procurement, software and user interface design, kiosk installation and staff training, and ongoing network management, and would be deployed within 12 months. Phase 2 deployment would follow within 12 to 24 months of Phase 1.

Environmental Review
The project would install and operate up to 50 digital wayfinding/advertising kiosks in various locations throughout the city in the public right of way and other City-owned property. The kiosks would vary in size depending on space and other site specific locations; however, most would be on average 87-100" in height, 40-46" in width, and 10-12” in depth. The kiosks would provide interactive information and enhance public safety, and would be maintained by the franchisee.

The project is categorically exempt from CEQA pursuant to Sections 15303 and 15311 of the CEQA Guidelines. Section 15303 provides exemption for a class of projects (Class 3) consisting of the construction of limited numbers of new, small facilities or structures. Section 15311 provides exemption for a class of projects (Class 11) consisting of the construction of minor structures accessory to existing commercial, industrial, or institutional facilities, including small parking lots. In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that would preclude the use of this CEQA exemption - the project site is not located in a sensitive environment, the project would not have a significant effect on the environment, the

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project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource.

Minor excavation would be required to construct the kiosks, and therefore no significant construction impacts would occur. Furthermore, the kiosks would not be large enough to obstruct views of scenic resources, the installation of kiosks would not occur on hazardous or sensitive properties, and the kiosks would not damage historic or scenic resources. Therefore, this project is a Class 3 and 11 project that is categorically exempt per Section 15303 and 15311 of the CEQA Guidelines.

Next Steps
Upon adoption of the Resolution of Intent to Hold a Public Hearing, the RFP protest period would begin. The public hearing and first reading of the ordinance to award the franchise agreement would take place at the City Council’s December 13, 2022 meeting and any protests would be heard at that time. The second reading, adoption of the ordinance, and official award of the franchise would follow at Council’s regular meeting on January 10, 2023.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. The program would be structured as a franchise agreement that would require no direct costs incurred or investment made by the City, with the franchisee required to install, operate, and maintain the kiosks. Staff will return to Council for the public hearing to award the franchise to BIG Outdoor to install and for approval of corresponding budget actions to facilitate the forthcoming revenues.

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Prepared By: Melissa Spagnuolo, Community Partnerships Manager Approved Forwarded to Council
Attachments:

A. June 9, 2020 Staff Report (Web Link)
B. January 26, 2021 Staff Report (Web Link)
C. Kiosk Design Concepts
D. Resolution of Intent to Hold Public Hearing to Award Franchise Agreement E. Written Comments
F. PowerPoint Presentation

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Attachment: Kiosk Design Concepts (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 City Council Meeting 11-15-2022 Santa Monica, California RESOLUTION NUMBER ____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA

DECLARING ITS INTENT TO AWARD A DIGITAL WAYFINDING AND OUT-OF-HOME

ADVERTISING KIOSK FRANCHISE TO
BIG OUTDOOR.

WHEREAS, on January 26, 2021, the City Council directed City of Santa Monica staff to issue a Request for Proposals to identify a franchise partner to implement a digital wayfinding and out-of-home advertising program to provide interactive information to community members and visitors, enhance public safety with emergency capabilities, deliver community messaging, and generate new revenues through advertising sales; and
WHEREAS, the City of Santa Monica issued Request for Proposals #300 on December 1, 2021 for a franchise partner that has successfully deployed, operated, and maintained kiosk programs in a minimum of three other similar markets, has a demonstrated history of producing strong advertising revenues, and is committed to actively managing the program to meet the needs of the City of Santa Monica and the community; and
WHEREAS, City Charter Section 1601 requires that the City Council City pass a resolution declaring its intention to grant the franchises, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted; and

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Packet Pg. 348 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5470 : Resolution of Intent to Award OOH Kiosk WHEREAS, such resolution must fix and set forth the day, hour and place when and where any persons having any interest in the franchises or any objection to the granting thereof may appear before the City Council and be heard thereon; and WHEREAS, the resolution must direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof, in the official newspaper; and WHEREAS, the time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution; and WHEREAS, at the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive.

Thereafter it may grant, or deny, the franchise, subject to the right of referendum of the people; and
WHEREAS, the City initiated the Digital Wayfinding and Out-of-Home Advertising Kiosk Program to provide interactive information to residents and visitors, enhance public safety via emergency capabilities, deliver community messaging, and generate revenues through advertising sales; and
WHEREAS, deployment of the kiosk network would be structured as a franchise agreement with an exclusive vendor that would require no direct costs incurred or investment made by the City, with the franchisee required to install, operate, and maintain the kiosks; and
WHEREAS, compensation for the City and the franchisee would be realized through profit-share of advertising revenues; and
WHEREAS, after an extensive evaluation process, finalist interviews, and reference checks, an internal evaluation team selected BIG Outdoor as the best bidder,

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Packet Pg. 349 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5470 : Resolution of Intent to Award OOH Kiosk based upon several factors, including a financial package that was significantly higher than all other bidders ($4 million signing bonus and a 50% revenue share offer to the City with a $5 million minimum annual guarantee), significant community benefits, and kiosk technology and design most appropriate for the culture and aesthetic of Santa Monica; and
WHEREAS, BIG Outdoor has agreed that the terms and conditions upon which the digital wayfinding and out-of-home advertising kiosk franchise will be granted are as follows: the franchise term will be twenty (20) years; installation of up to fifty (50) digital kiosks; the City will receive a fifty-percent (50%) share of adjusted gross revenues or a minimum annual guarantee of five-million dollars ($5,000,000) per year with a threepercent (3%) escalation every three years, whichever is higher; the franchise grantee will contribute two-percent (2%) of franchisee’s annual net media revenues to community programs and services at the City’s discretion; and a one-time signing bonus in the amount of four-million dollars ($4,000,000) that will be paid to the City prior to the effectiveness of the franchise agreement.

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

SECTION 1. The above referenced recitals are incorporated by reference as true and correct.

SECTION 2. Council hereby declares its intent to grant a digital wayfinding and out-of-home advertising kiosk franchise to BIG Outdoor.

SECTION 3. The terms and conditions upon which the digital wayfinding and out-of-home advertising kiosk franchise will be granted are as follows: the franchise term

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Packet Pg. 350 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5470 : Resolution of Intent to Award OOH Kiosk will be twenty (20) years; installation of up to fifty (50) digital kiosks; the City will receive a fifty-percent (50%) share of adjusted gross revenues or a minimum annual guarantee of five-million dollars ($5,000,000) per year with a three-percent (3%) escalation every three years, whichever is higher; the franchise grantee will contribute two-percent (2%) of its annual net media revenues to community programs and services at the City’s discretion; and a one-time signing bonus in the amount of four-million dollars ($4,000,000) that will be paid to the City prior to the effectiveness of the franchise agreement.

SECTION 4. The public hearing at which Council shall hear and pass upon all protests with respect to the proposed digital wayfinding and out-of-home advertising kiosk franchise grantee set forth in Section 2 will take place on December 13, 2022, at 5:30 p.m., at 1685 Main Street, Santa Monica, California 90401.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth the same shall be in full force and effect. The City Clerk shall cause this Resolution to be published once in the official newspaper within 15 days after its adoption.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 351 Attachment: Resolution of Intent to Hold Public Hearing to Award Franchise Agreement (5470 : Resolution of Intent to Award OOH Kiosk 1 Vernice Hankins
From: Bobak Roshan <[email protected]>
Sent: Friday, October 21, 2022 8:45 AM
To: Gleam Davis; Sue Himmelrich; Kristin McCowan; Phil Brock; Oscar de la Torre; Lana Negrete; Christine Parra
Cc: councilmtgitems; Denise Anderson-Warren; David White Subject: re: Agenda Item 14A, Digital Wayfinding and IKE Smart City

EXTERNAL
Dear Councilmembers,
I write this letter to express my support for IKE Smart City’s interactive digital kiosk deployment in the City of Santa Monica. IKE has successfully deployed interactive wayfinding kiosks in over 15 cities across the country. As a local business owner, I believe that IKE will enhance the pedestrian experience in Santa Monica to the benefit of local dining and retail establishments.

IKE’s directory applications naturally drive traffic to local shops through agnostic business listings that focus on the proximity of the user to the business they are seeking, instead of paid listings that tend to dominate normal internet searches. Additionally, IKE’s emergency functionality will enhance safety in the area for our customers.

The IKE team has reached out to small business owners and is committed to working in good faith the City of Santa Monica and our local businesses towards a successful program. During the early days of the pandemic, IKE donated free advertising space on all of its digital screens nationwide, telling residents which restaurants were open for takeout, delivery and dine-in, with scannable QR codes that could take residents to external websites with more information. This is the level of commitment the City of Santa Monica should be looking for in its kiosk partner.

Most importantly, IKE has a proven track record of success with across the county with references from top cities across the nation. Thus, we know they deliver on their promises.

For the above reasons, I support IKE Smart City’s bid for the City’s wayfinding kiosk RFP.

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Packet Pg. 352 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 2 Best regards,

‐‐
Bobak Roshan
Founder
Demitasse Coffee
cafedemitasse.com
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Packet Pg. 353 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 20, 2022
Santa Monica City Councilmembers

Via email
Re: Santa Monica IKE Program
Dear Santa Monica City Councilmembers,
I write this letter to express Experience Columbus’ support of the IKE platform. IKE kiosks have been a part of our Columbus streetscape since late 2018 and have continued to provide critical resources to our residents and visitors as they navigate our city. At the touch of a finger, you can find local restaurants, the best public transit route to a museum, or the nearest shelter and the services it provides.

Not only is the product outstanding, but the IKE team is top-notch, very communicative, and is continuously improving the software platform to stay ahead of the game in the field of wayfinding and digital interactive kiosks. The platform supports our small business and non-profit communities with free listings in the directory and significantly discounted advertising rates. The IKE team also ensures that there is continuously a mix of local art, community content and commercial content on each kiosk in our city.

On behalf of Experience Columbus, I fully endorse the IKE kiosks, and I believe Santa Monica would benefit from a partnership with IKE Smart City, just as we have.

Best regards,
Kari Kauffman
Chief Destination Experience Officer
Experience Columbus
277 W. Nationwide Blvd., Ste.125, Columbus, OH 43215
614-222-6107
[email protected]
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Packet Pg. 355 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 21, 2022
Santa Monica City Councilmembers
Via email
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
On behalf of ABV Agency + Gallery, ,DPZULWLQJWRH[SUHVVP\VXSSRUWIRU,.(6PDUW&LW\ȢVELG for digital kiosks in Santa Monica. IKE is the only bidder with broad experience collaborating with local artists and institutions. Their well-tested kiosk product would be a useful platform to shRZFDVHORFDODUWLVWVȢZRUNWRWKHPLOOLRQVRIpeople that visit Santa Monica each year and will enliven the FLW\ȢVQHLJKERUKRRGVZLWKDUWDQGFRPPXQLW\FRQWHQW Public art has helped create, merge, and sustain communities across the landscapes of artistry, activism, education, and so much more. Through its power, public art largely remains one of the most prominently accessible and reliable means of supporting communal learning, community engagement, social justice, radical imagination, and collective memory. Supporting public art initiatives empowers the vitality of neighborhoods and KRQRUVWKHFLW\ȢVFRPPLWPHQW to its artists.

In addition to being a public-facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue.

These kiosks will give exposure to artists who may otherwise not have had such a far-reaching opportunity to showcase their work.

I am an enthusiastic supporter of IKE Smart City kiosks and endorse the team and product wholeheartedly.

Thank you,
Morgan Andrews, Director
ABV Agency + Gallery
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Packet Pg. 356 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Letter: Santa Monica City Council -Big Outdoor-221021
Date: October 21, 2022
RE: Adoption of a Resolution Declaring Intention to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program Santa Monica City Council
To Whom it May Concern,
We the McKinney Avenue Transit Authority, have worked with Big Outdoor for several years and have always appreciated the ad revenue they have been able to bring to our organization in Dallas.

Big Outdoor manages the sales and marketing of our streetcar /trolley advertising program. They have successfully monetized these assets while making sure all campaigns and advertisers are of the highest quality.

In addition, we have begun work with Big Outdoor in designing interactive/wayfinding kiosk signage for our busiest stations in our system. They’ve helped navigate this process by interfacing with local business owners, associations, and BIDs to assure a successful launch.

During our multi-year relationship, Big Outdoor has proven to be a trusted partner and we look forward to collaborating with them for years to come.

Sincerely,
Vic Cervantes
President
McKinney Avenue Transit Authority (MATA)
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Packet Pg. 357 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 1 Vernice Hankins
From: Diana Nawi <[email protected]>
Sent: Monday, October 24, 2022 7:48 AM
To: councilmtgitems; Denise Anderson-Warren; David White; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Subject: Agenda Item 14A, Digital Wayfinding and IKE Smart City Attachments: DNawi_IKE Support Letter.pdf

EXTERNAL
Dear Santa Monica City Councilmembers,
I am writing to express my support for IKE Smart City’s bid for digital kiosks in Santa Monica. Their well‐tested kiosk product would be a useful platform to showcase local artists’ work to the millions of people that visit Santa Monica each year and will enliven the city’s neighborhoods with art and community content. I have worked with Orange Barrel Media to undertake major arts initiatives in cities across the US, chief among them our collaboration to bring arts programing to Los Angeles in the City of West Hollywood. This has been an incredible platform to showcase the work of established and emerging artists, from both the city and abroad. It has brought diverse artworks of the highest caliber into the public sphere and made them accessible for a broad audience.

Orange Barrel Media’s commitment to public art and promoting the work of artists, as well as collaborating with arts professionals based in the region, will only be furthered by the platform IKE will provide. IKE presents a unique opportunity to foster engagement and allow for encounter and it will allow the arts program to reach an even broader public. This is a unique opportunity to bring cutting edge contemporary art and community engaged programming to sites throughout the city.

In addition to being a public‐facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue. Additionaly, these kiosks will give exposure to artists who may otherwise not have had such a far‐ reaching opportunity to showcase their work.

I am in full support of the IKE Smart City kiosk program and am excited to work alongside the Santa Monica arts community to bring more public art to the city. Please find a letter of support attached as well.

Thank you,
Diana Nawi
Independent Curator
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Packet Pg. 358 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 18, 2022
Santa Monica City Councilmembers
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
I am writing to express my support for IKE Smart City’s bid for digital kiosks in Santa Monica. Their well-tested kiosk product would be a useful platform to showcase local artists’ work to the millions of people that visit Santa Monica each year and will enliven the city’s neighborhoods with art and community content. I have worked with Orange Barrel Media to undertake major arts initiatives in cities across the US, chief among them our collaboration to bring arts programing to Los Angeles in the City of West Hollywood. This has been an incredible platform to showcase the work of established and emerging artists, from both the city and abroad. It has brought diverse artworks of the highest caliber into the public sphere and made them accessible for a broad audience.

Orange Barrel Media’s commitment to public art and promoting the work of artists, as well as collaborating with arts professionals based in the region, will only be furthered by the platform IKE will provide. IKE presents a unique opportunity to foster engagement and allow for encounter and it will allow the arts program to reach an even broader public. This is a unique opportunity to bring cutting edge contemporary art and community engaged programming to sites throughout the city.

In addition to being a public-facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue. Additionaly, these kiosks will give exposure to artists who may otherwise not have had such a far-reaching opportunity to showcase their work.

I am in full support of the IKE Smart City kiosk program and am excited to work alongside the Santa Monica arts community to bring more public art to the city.

Thank you,
Diana Nawi
Independent Curator
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Packet Pg. 359 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 21, 2022
Santa Monica City Council:

To Whom it May Concern,
The Gaslamp Quarter Association located in downtown San Diego has worked with Big Outdoor over the past several years to help monetize our advertising kiosk program throughout our district.

They've been instrumental in bringing in revenue that has helped our business owners thrive and has allowed for us as an association to drive increased business to the Gaslamp. In addition to the sales and marketing aspect, they've implemented cleaning and maintenance procedures that keeps the kiosks and surrounding areas looking pristine at all times.

They've always gone above and beyond to help many of our business owners, oftentimes by promoting their business on the kiosks and helping them drive revenue. Big Outdoor has a community minded approach that works well in the neighborhood. They are always innovating on ways to support the Gaslamp Quarter outside of just advertising.

Big Outdoor has always been available to discuss special events and have helped us in ways outside the standard sales agreement. They're a true partner, and a group that we look forward to working with for years to come. If you have any questions, please feel free to reach out to me directly.

Best regards,
Michael Trimble
Executive Director
Gaslamp Quarter Association
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Packet Pg. 361 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) From: Janet Renner
Subject: Agenda Item 14A, Digital Wayfinding and IKE Smart City Date: Monday, October 24, 2022 10:28:27 AM

EXTERNAL
October 24, 2022
Santa Monica City Councilmembers
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
On behalf of FRONT International: Cleveland Triennial for Contemporary Art, I am writing to express our support for IKE Smart City’s bid for digital kiosks in Santa Monica.

The interactive kiosks have been an invaluable publicly accessible platform that showcase cultural and nonprofit organizations and enliven our city’s streetscape. Importantly, IKE has allowed us to engage with residents and visitors to educate about FRONT International: Cleveland Triennial for Contemporary Art that is a free, public contemporary art exhibition comprised of artist commissions, performances, films, and public programs that takes place across Cleveland, Akron, and Oberlin every three years. .

Their well-tested kiosk product would be a useful platform to showcase local artists’ work to the millions of people that visit Santa Monica each year and will enliven the city’s neighborhoods with art and community content.

Public art has helped create, merge, and sustain communities across the landscapes of artistry, activism, education, and so much more. Through its power, public art largely remains one of the most prominently accessible and reliable means of supporting communal learning, community engagement, social justice, radical imagination, and collective memory. Supporting public art initiatives empowers the vitality of neighborhoods and honors the city’s commitment to its artists.

In addition to being a public-facing platform to host community event information and emergency messaging, this program will support the local arts community by featuring creative works on new, highly visible platforms that will reach a diverse audience. Public art is a powerful form of expression that enriches communities and encourages meaningful dialogue. These kiosks will give exposure to artists who may otherwise not have had such a far-reaching opportunity to showcase their work.

FRONT International: Cleveland Triennial for Contemporary Art is in full support of the IKE Smart City kiosk program and believe they are best suited to engage the Santa Monica arts community to bring more public art to the city.

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Packet Pg. 362 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Thank you,
Fred Bidwell, Executive Director
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Packet Pg. 364 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 1 Vernice Hankins
From: Kivland, Kelly <[email protected]>
Sent: Monday, October 24, 2022 12:58 PM
To: councilmtgitems; Denise Anderson-Warren; David White; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Subject: Agenda Item 14A, Digital Wayfinding and IKE Smart City

EXTERNAL
October 18, 2022
Santa Monica City Councilmembers
Re: Kiosks in Santa Monica
Dear Santa Monica City Councilmembers,
I am writing to express my utmost support for IKE Smart City’s bid for digital kiosks in Santa Monica.

IKE Smart City has been a generous supporter of the Wexner Center for the Arts on several past public art initiatives, including with artists Ann Hamilton, Carlos Motta, and Anna Tsouhlarakis. We believe in the power of the arts to illuminate and reflect the complexities of contemporary life and to foster cross‐cultural exchange, understanding, and respect. These projects have enriched our community and encouraged meaningful dialogue, and we look forward to partnering with IKE and Orange Barrel Media on future projects.

The team at IKE and Orange Barrel Media have a longstanding track record of partnering with artists and cultural organizations to advance cultural projects. Their kiosks will be an invaluable platform to showcase cultural organizations and artists’ work and will enliven Santa Monica’s neighborhoods. IKE’s platforms engages citizens and visitors in a more inclusive way by reaching a broad and diverse audience.

I am in full support of the IKE Smart City kiosk program and believe they are best suited to engage the Santa Monica arts community to bring more public art to the city.

Thank you,
Kelly Kivland
Kelly Kivland (she/her)
Chief Curator and Director of Exhibitions
Wexner Center for the Arts
Ohio State University
1871 North High Street
Columbus, OH 43210
website: https://wexarts.org/
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Packet Pg. 365 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 24, 2022
Santa Monica City Council
To Whom it May Concern,
We have worked with Big Outdoor for the past several years and have always appreciated the partnership.

Big Outdoor manages several supergraphics and digital media kiosks throughout Downtown. They’ve always been responsive to our requests for including content benefiting the community. They ensure all assets and advertisers are of the highest quality.

Big Outdoor has proven to be a trusted partner and we look forward to working them for years to come.

Sincerely,
Shalissa Perry, Chief Marketing Officer
Downtown Dallas, Inc.

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Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, October 25, 2022 8:00 AM
To: councilmtgitems
Subject: Fw: Agenda Item 14. Digital Kiosks
From: Neil Carrey <[email protected]>
Sent: Monday, October 24, 2022 6:45 PM
To: Council Mailbox <[email protected]>
Subject: Agenda Item 14. Digital Kiosks

EXTERNAL
When I saw Agenda Item 14 concerning digital Kiosks, I checked out the IKE Smart City, which seems to be the one whose digital Kiosks and used by other cities and has a long track record, and Big Outdoor, which the staff is recommending, which has no track record and I could find nothing on its website to indicate it has ever installed these types of Kiosks in any city. I then saw a demonstration of the IKE Kiosk and was extremely impressed. I had hoped to also see a demonstration of the Big Outdoor Kiosk but was surprised to learn they did not have a digital kiosk. In my research I was further surprised that staff was recommending the contract be awarded to an advertising and billboard company that has no experience delivering community focused multifunctional kiosks in the public right of way.

Since these kiosks will be very visible in the City and this will be a very long program, the City should take sufficient time to make sure they have selected a trusted and experienced partner that has demonstrated its ability to deliver a Kiosk that meets or exceeds the community and City expectations and delivers value to the community and at the same time will be a revenue generator for the City. In addition, a partner with a proven tract record of successful installation and maintenance of these types Kiosks. IKE has this experience and demonstrated its ability to do so in this arena, which Big Outdoor has not.

It appears to me that staff is recommending Big Outdoor because originally it came in with a better proposal from a financial standpoint. They clearly could not have recommended Big Outdoor over IKE based on its experience or product. While it would have been a mistake to award Big Outdoor the contract under these circumstance, it is my understanding that IKE Smart City has committed to matching the financial offer of Big Outdoor, it now makes no sense for Council to offer the contract to Big Outdoor and a lot of sense to award it to IKE Smart City.

I urge you to do the right thing and not follow staff's advice. Thank you.

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Packet Pg. 368 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 2 Neil Carrey

[email protected]
[email protected]
(T) 310-451-9188
(C) 310-200-5067
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Packet Pg. 369 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 25, 2022
Santa Monica City Council
Via Email
RE: Agenda Item 14A, Digital Wayfinding and IKE Smart City Dear City Council Members:

We at the National Federation of the Blind believe in the full capacity of blind and low-vision citizens. The realization of our mission regularly affords us the pleasure of working with companies such as IKE Smart City to collaborate in transformative ways. With IKE, we had the fortune over the last few years of assisting in the company’s journey to developing an innovative accessible wayfinding technology for the blind.

IKE Smart City partnered with our Blind Users Innovating and Leading Design (“BUILD”) program in order to develop and test a solution that would enable blind and low vision users to access the benefits provided by the IKE Smart City kiosk. After twenty-one usability sessions with our BUILD participants, all having varying degrees of vision loss and technological experience levels, the sessions yielded beneficial results that helped determine that a mobile hand-off software solution provides an effective and inclusive opportunity for blind and low vision users to engage with IKE. The BUILD program sessions revealed that use of a personal mobile device while navigating city streets is an effective component for the blind and visually impaired, and this solution further allows IKE to leverage successful 3rd party mobile solutions whose innovations in the accessibility space continue to be an evolution of access to information for the blind and low vision user.

Throughout the BUILD process, our team was impressed with IKE’s willingness to listen, incorporate, and innovate. IKE demonstrated a thoughtful approach and willingness to improve by speaking with software accessibility experts, conducting in-the-field research on tactile keypads for kiosks, and speaking with fast-food kiosk engineers, in addition to continued conversations with NFB and ongoing collaboration with blind community members via the BUILD program.

Our experience with the IKE team has been incredibly positive, and we hope to express our support for the program.

Sincerely,
Anil Lewis
Executive Director, Blindness Initiatives
National Federation of the Blind
AL/pwm
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Packet Pg. 370 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 25, 2022 Client-Matter: 70128-030

VIA EMAIL
Santa Monica City Council
City Hall
1685 Main Street
Santa Monica, CA 90401
Re: Agenda Item #14.A, Proposed Award of Contract for Digital Wayfinding and Advertising Kiosk Program
Dear Honorable Councilmembers:

This firm represents IKE Smart City (“IKE”) in connection with the City’s Request for Proposals for the Digital Wayfinding and Out of Home Advertising Kiosk Program (“RFP”).

We are writing to respectfully request that you vote to approve a Resolution of Intent (“ROI”) to Award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE with its improved financial offer, which you have complete authority to do tonight under California law, the Santa Monica City Charter (the “City Charter”), the Santa Monica Municipal Code, and the RFP. Doing the opposite – proceeding with an ROI to award the contract to BIG Outdoor (“BIG”), on the other hand, would lead to additional delay, violate the express terms of the City’s RFP, and run counter to the public interest.

IKE is fully confident in the City Council’s ability to select IKE tonight and agrees to indemnify the City from any challenge to IKE’s selection under this procurement.

I. California Law and the City Charter Authorize the City Council to Modify the Draft ROI to Select IKE.

The City Charter, which governs the award of the contract under the RFP, does not require the City Council to move forward with a staff recommendation, and in the absence of any such requirement, the City Council has the authority to decide for itself which of the bidders it will name in the ROI and to specify the terms and conditions upon which the City Council proposes to grant the franchise. In California, “[t]he amount of leeway a public entity has in awarding a contract is governed by the statutory or municipal law framework applying to that contract.” Great West Contractors, Inc. v. Irvine Unified School Dist., 187 Cal.App.4th 1425, 1447 (2010).

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Packet Pg. 371 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Nothing in the City Charter limits the City Council’s leeway to disregard a staff recommendation, which is just that – a recommendation. The City Charter provides the City Council with the sole authority to grant a franchise by ordinance. City Charter, Section 1600 (“The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation […] The City Council may prescribe the terms and conditions of any such grant.”).

The Charter also empowers and requires the City Council to pass a resolution declaring its intention to grant a franchise agreement. City Charter, Section 1601 (“Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted.”). Nothing in these or any other provisions of the City Charter (nor the Santa Monica Municipal Code for that matter), obligate the City Council to follow staff’s recommendation in making an award. Substituting bidders from the dais is permissible under California law and there are notable examples of other situations when a decision-making body has disregarded staff’s recommendation and substituted an alternative bidder (see Exhibit A for example). The City Council has the ultimate legal authority to select a grantee, as well as “the character of the franchise and the terms and conditions upon which it is proposed to be granted.” The City Council can lawfully exercise this authority to modify the ROI and declare its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE, including modifying the terms and conditions upon which the City Council proposes to grant the franchise.

The City Council can also move forward with an ROI for IKE that includes terms that were not in IKE’s Best and Final Offer (“BAFO”). The City Council is not obligated or bound by terms and conditions for the franchise proposed by City Staff, IKE, or BIG, and has the full authority to change the terms in the ROI before adopting it because the Council is the ultimate decision-making body. As detailed above, the City’s Charter provides the City Council with the discretion to include the “terms and conditions upon which [the franchise] is proposed to be granted.” Nothing in the Charter precludes or limits the Council’s discretion to only including terms in a respondent’s prior proposal.

II. The RFP Expressly Authorizes the City Council to Modify the ROI to Select IKE.

Rather than require the City Council to move forward with the staff recommendation, the RFP makes it expressly clear that the City Council may select any proposer it deems to be in the best interest of the City, so long as the selected bidder meets the quality and compliance specifications of the RFP (something which we believe BIG cannot possibly meet under any rational basis). The RFP states:

Notwithstanding the Evaluation Team’s selection, the City reserves the right to award this RFP and the resultant Franchise Agreement in any manner it deems to be in the best interest of the City and make the selection based on its sole Item 14.A
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Packet Pg. 372 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) discretion. The City is the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP.

RFP, Section 5.1 (emphasis added). It was the clear and explicit expectation of the City, and the understanding of the proposers to the RFP, that the City Council could have ultimate discretion to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to whichever bidder the City Council determined to be “in the best interest of the City.” As IKE has demonstrated, and as the RFP scoring (aside from the inappropriate and unlawful BAFO) scoring, which completely disregarded the RFP evaluation criteria) reflects, IKE’s proposal and product are clearly the best option for the City. As you are aware, IKE has confirmed it is willing to accept a franchise agreement with financial terms and conditions that exceed BIG’s BAFO. Nothing in the City’s Charter, Municipal Code or RFP precludes the City Council from adopting an ROI that has financial terms and conditions that differ from IKE’s BAFO. As a courtesy, IKE proactively confirmed its willingness to agree to improved terms in yesterday's letter to the City Council, but ultimately it is the City Council that gets to decide what terms are laid out in the ROI, just as it is entitled to negotiate improved benefits for the City prior to awarding any contract or franchise.

Moving forward with an ROI with IKE is clearly in the best interests of the City, both in terms of user experience and financial return to the City. Again, the City Council can lawfully exercise this authority to modify the ROI, as anticipated in the RFP, and declare its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE, including modified terms and conditions upon which the City Council proposes to grant the franchise.

III. Moving Forward with Staff’s ROI is a Recipe for Protracted Delay.

Should the City Council choose to move forward with the ROI to BIG as recommended by City Staff, IKE would have solid grounds to protest the award. If that were to happen, the City Council would then need to restart this process, issue and approve another ROI for an award to IKE, and hold a new and fully noticed City Council meeting in the future. And, to make matters worse, the City could then face a frivolous protest from BIG on such an award, necessitating yet another duly noticed City Council hearing and further delay. There is no reason for the City to incur these delays. The City Council should instead exercise its authority to modify the ROI now and notice its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE.

Unlike a frivolous protest by BIG, there are several reasons a protest of an award to BIG would be meritorious. BIG’s proposal is nonresponsive for failing to meet the minimum experience and reference requirements of the RFP, and should have been disqualified from the start. While the City enjoys wide latitude to act in the public interest, it cannot award a contract to a nonresponsive or non-responsible bidder, or completely disregard the RFP’s clear product Item 14.A
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Packet Pg. 373 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) and scoring requirements. The RFP called for proposers “who have successfully deployed, operated, and maintained kiosk programs in a minimum of three other similar markets.” RFP, Section 2.1. BIG does not have kiosks in three cities or public rights-of-way, let alone a cuttingedge, diverse city like Santa Monica. The RFP asked bidders to “[p]lease submit at least three references from other public entities.” RFP, Section 4. BIG’s proposal had zero public entity references. Why? Because it has not entered into interactive kiosk contracts with public entities as required by the RFP. The same goes for BIG’s partner, which while not a billboard company like BIG, is only a startup focused on shopping mall directory kiosks with limited functionalities.

Finally, the Evaluation Committee completely disregarded the RFP’s scoring criteria after requesting the BAFOs. It is clear from the BAFO scoring that after IKE and BIG submitted their BAFOs, the bidders were completely re-scored on a new, 100 point scale that was untethered to any evaluation criteria in the RFP. This is a clear violation of California procurement law, which requires that awarding agencies score proposals based on the announced scoring criteria.

And the above is just the tip of the iceberg. You have already received a letter from my client yesterday illustrating some of the deficiencies in BIG’s product. The problems in moving forward with an ROI with BIG are so glaring that it should not merit a detailed protest in the future.
* * *
For the reasons discussed above, we respectfully ask that the City Council modify the ROI, as it has the authority to do, and notice its intent to award the Digital Wayfinding and Out of Home Advertising Kiosk Program contract to IKE.

Thank you very much for your time and attention to this matter. Please feel free to contact me if you have any questions.

Very truly yours,
Victor De la Cruz
Manatt, Phelps & Phillips, LLP
cc: David White, City of Santa Monica City Manager
Douglas T. Sloan, City of Santa Monica City Attorney
Susan Y. Cola, City of Santa Monica Assistant City Attorney Pete Scantland, CEO, IKE Smart City
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Packet Pg. 374 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Exhibit A
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Packet Pg. 375 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 1/4 City Council panel approves three contracts for LAX concessions

BY DAN WEIKEL AND DAVID ZAHNISER, LOS ANGELES TIMES
SEPT. 14, 2010 12 AM PT
The push to overhaul restaurants, beverage stands and gift stores at Los Angeles International Airport took a major step forward Monday when a special City Council panel approved three retail contracts to a joint venture that features former Lakers star Magic Johnson and the widow of attorney Johnnie Cochran.

The five-member Board of Referred Powers voted 4 to 1 to give the contacts to a partnership involving the Hudson Group, Magic Johnson Enterprises and Concourse Ventures, which is headed by Dale Mason Cochran.

In one of the contracts, board members picked the joint venture over Miami-based Areas USA, which had been recommended by LAX officials.

Council members Janice Hahn, Bernard C. Parks, Ed Reyes and Bill Rosendahl voted for the contracts. Councilman Tony Cardenas, the board’s chairman, voted no, saying he believed the panel had rushed into a decision.

Parks, who was endorsed by Johnson during his unsuccessful 2008 campaign for county supervisor, made the motion to substitute the joint venture for Areas USA.

He said after the vote that he favored Hudson’s bid because it had included two local businesses — Magic Johnson Enterprises and Concourse Ventures — as equity partners.

BREAKING NEWS

5.1 earthquake hits near San Jose, rattling Bay Area
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Packet Pg. 376 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 2/4 Giving the contract to the Hudson team is in line with the city’s efforts to put greater weight on contracts with local companies, Parks said.
“They didn’t just bring in a minority female to apply for their 10%" share of the bid package, he said. “They made them equity partners.”
Eduardo Uribe, an Areas USA vice president, said company officials were disappointed that the Board of Referred Powers chose “to ignore the airport staff’s recommendation after a lengthy and thorough process.”
“We look forward to being awarded the food and beverage packages for which we were also recommended in a fair competition,” he said.

The three retail contracts must go to the City Council for final approval. Five other food and beverage contracts will be considered by the Board of Referred Powers on Sept. 20.

Monday’s decisions were greeted favorably by Gina Marie Lindsey, executive director of Los Angeles World Airports, the agency that operates LAX, Ontario International Airport and Van Nuys Airport. “I am delighted to have made this much progress,” she said.

Throughout Monday’s meeting, Cardenas voiced dismay over learning that some of the airport’s evaluators had discarded their notes or failed to make comments on bid forms about their reasoning for scoring a company the way they did.

He called the loss of those notes “extremely terrible and odd” and grilled airport officials about the lack of backup documents.

Cardenas also said he was concerned that airport evaluators did not check bidders’ references until after scoring a company. Lindsey told the panel that references were Item 14.A
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Packet Pg. 377 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 3/4 eventually checked and that evaluators decided that what was found would not affect any company’s score.
[email protected]
[email protected]
Dan Weikel
Dan Weikel covered local aviation, the California high-speed rail project, Metrolink, the MTA and regional transportation issues for the Los Angeles Times before leaving in 2017. He started with the newsroom in 1989 and previously covered courts and transportation in Orange County, the ports of Los Angeles and Long Beach as well as substance abuse, environmental issues and law enforcement as a member of a project team. A native of San Diego, Weikel is a graduate of the UC Santa Barbara and the master’s program at the University of Missouri School of Journalism.

David Zahniser
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David Zahniser covers Los Angeles City Hall for the Los Angeles Times.

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Packet Pg. 378 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 10/25/22, 12:08 PM City Council panel approves three contracts for LAX concessions - Los Angeles Times https://www.latimes.com/archives/la-xpm-2010-sep-14-la-me-0914-lax-concessions-20100914-story.html 4/4 Subscribe for unlimited access
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Copyright © 2022, Los Angeles Times | Terms of Service | Privacy Policy | CA Notice of Collection | Do Not Sell My Personal Information Why so many L.A. people are drawn to this tiny, rustic town north of Santa Barbara Hollywood talent agency CAA cuts ties with Kanye West after antisemitic tirade Thousands of apartments may come to Santa Monica, other wealthy cities under little-known law Item 14.A
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Packet Pg. 379 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 1 Vernice Hankins
From: Council Mailbox
Sent: Tuesday, October 25, 2022 2:24 PM
To: councilmtgitems
Subject: Fw: Support for IKE Smart City Bid - Item 14
From: Jan Williamson <[email protected]>
Sent: Tuesday, October 25, 2022 1:13 PM
To: Council Mailbox <[email protected]>
Subject: Support for IKE Smart City Bid

EXTERNAL
Dear Santa Monica City Council,
I'm writing as a Board member of SMTT and as the Executive Director of 18th Street Arts Center to encourage you to give new consideration to IKE's proposal to provide new interactive wayfinding in Santa Monica.

I've interacted with their technology in person, and believe their 7 years of real world experience operating their platform and learning from working in other cities like Miami, Berkeley, Atlanta, Houston, will significantly benefit Santa Monica.
• They have the capacity to be up and running in Santa Monica right away. • Their platform is completely interactive and able to communicate with people's mobile phones. • Their platform can accommodate multiple languages
• They've developed good ADA systems by working directly with the disability community. • They commission and pay artists at appropriate rates for their work on their platform. (This is unusual!) • Their hardware is able to endure the extreme weather conditions of Detroit and Tempe Arizona, and the salt-air of Miami.
• It appears that they have a business culture of innovating based on the needs of their clients, which is important for such a long commitment.

I hope you give their proposal the consideration it deserves when thinking about this 30 year contract.

Very best regards,
Jan

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Packet Pg. 380 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 2 Jan Williamson
Executive Director
she/her

@18thstreetarts
18thstreet.org

SUPPORT
18TH STREET ARTS CENTER
Join Borderless on Patreon
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Packet Pg. 381 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) October 25, 2022
Re: Big Outdoor reference
To whom it may concern,
Our partnership with Big Outdoor extends over five years. They were the first media firm to secure approval for a digital installation as part of the Atlanta Arts & Entertainment district. Big Outdoor has been a responsive partner that supports the goals and objectives of A&E Atlanta to elevate the district and the local creative community.

Sincerely,
Fredalyn M. Frasier, Project Director, Planning and Urban Design Central Atlanta Progress (CAP)
Atlanta Downtown Improvement Development (ADID)
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Packet Pg. 382 Attachment: Written Comments (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) RFP 300:

Digital Wayfinding +
OOH Advertising Kiosks
City Council
October 25, 2022

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Packet Pg. 383 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) RFP Evaluation Team
Scoring/Voting Members:

Susan Cola, City Attorney's Office
Gigi Decavalles-Hughes, Finance
Jay Dinkins, Transportation
Sarkis Metspakyan, Information Services
Alex Nazarchuk, Public Works
Melissa Spagnuolo, City Manager's Office
Jennifer Taylor, Community Development
Interna l Consulta nts:

Heidi Duran, Finance
Araceli Esparza, Finance
Ben Delfin, City Attorney's Office
Jason Kligier, Transportation
Kellee MacDonald, Finance
Stephanie Reich, Community Development
Oscar Santiago, Finance

8.A.f
Packet Pg. 384 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Background
2019: Budget Task Force Recommendation
2021: Council directed staff to move
forward with OOH RFP
2022: RFP closed with 6 proposals received
2020: Council directed staff to do a
valuation study to look at P3 opportunities

8.A.f
Packet Pg. 385 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) RFP Terms &
Requirements
• 20-year franchise term
• 50 kiosks deployed in two phases
• Percentage of ad space for
City/community use
• Revenue projections with
minimum annual guarantee
• Kiosk features and technical
requirements: public Wi-Fi,
emergency blue phone capability,
pedestrian counting, multi-lingual,
ADA accessible, transit info, etc.

8.A.f
Packet Pg. 386 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

PRELIMINARY

SCORING
Evaluators
reviewed
proposals and
independently
assigned
preliminary scores
by category.

FINAL

SCORING
Evaluators
assigned final
scores based on
the Best and Final
Offers, including
consideration of
interviews and
reference checks.

BEST + FINAL
OFFERS
The two finalists
were asked to
provide Best and
Final Offers.

REFERENCE
CHECKS
Staff selected two
finalists and
contacted
references
provided by each.

PROPOSER

INTERVIEWS
The top 3
proposers were
invited to
interview with City
staff.

SUPERLATIVE

ANALYSIS
The Superlative
Group performed
an in-depth
analysis and
evaluation of the
top 3 finalists.

Evaluation Process

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Packet Pg. 387 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Best + Final Offers
The only opportunity to amend or modify proposals
based on feedback from the City.

Information from competing proposals will not be
disclosed to other proposers prior to submission of a
Best and Final Offer.

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Packet Pg. 388 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 01 03
02 Offered the greatest
financial benefits to the City
Sophisticated, cohesive team
whose professionalism
outshined other bidders
throughout the RFP process
Fully customizable kiosks that
will be architecturallydesigned to meld with the
unique characteristics of Santa
Monica's neighborhoods
Will hire a full-time team
dedicated exclusively to
Santa Monica
04 Recommended Bidder: BIG Outdoor

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Packet Pg. 389 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) • 50% revenue share
⚬ City's share of revenues estimated to be nearly $9 million upon deployment of Phase 1, and $13.5-17 million when both phases deployed. • If projected revenues are not met, the City would receive a minimum annual guarantee of $5 million per year, commencing upon full deployment of Phase I.
• $4 million signing bonus
Financial Proposal

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Packet Pg. 390 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Other Notable Community Benefits
• Custom kiosk design
• Additional 2% of net revenues to be donated to support the City's choice of community programs or service
• 10% of ad space reserved for City/community use
• Discounted rates for local businesses

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Packet Pg. 391 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Digital Wayfinding & Out
-of-Home Advertising Kiosk Program
for the City of Santa Monica
Submitted by BIG Outdoor
25 October 2022

LINKING TO THE
FUTURE
1 8.A.f
Packet Pg. 392 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

1. MEET BIGOUTDOOR...........................3

2. QUALIFICATIONS..............................11

3. COMMUNITY ENGAGEMENT……...19
.4
. KIOSK CONCEPTS & FEATURES........22

5. PROJECT PLAN..................................22

CONTENTS
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Packet Pg. 393 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

MEET BIGOUTDOOR
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Packet Pg. 394 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Brad Berkely
CEO & Founder
Mr. Berkley currently serves as CEO of BIG Outdoor
and brings 23+ years of entrepreneurial business
experience and a customer base comprised
primarily of Fortune 500 clients. Before founding BIG
Outdoor, Mr. Berkley successfully founded and sold
Base4 Group. Brad has been featured in Business
Week, CNN, Fox News, National Public Radio, and
numerous other media outlets supporting
entrepreneurship. Mr. Berkley also sits on the boards
of select startups in the Dallas-Fort Worth area.

Eric Niemeyer
Founder
Mr. Niemeyer is one of the Founders of BIG Outdoor,
where he is responsible for new advertising
opportunities and client relationships. He brings over
16 years of media sales and agency management
experience. Previously, Mr. Niemeyer spent eight
years at Outdoor Media Group, where he managed
OOH investments for clients such as Apple, CBS,
Wells Fargo, and Hilton.

MEET BIGOUTDOOR
KEY PERSONNEL | Founders
Domain Northside, Austin, TX Domain Northside, Austin, TX 4 8.A.f
Packet Pg. 395 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Jason Cox
CTO
With 15+ years of experience in managed services and
operating large scale digital platforms, Mr. Cox is a
notable leader in the industry. He has worked with
clients ranging from small startups to industry leaders like Microsoft, Salesforce, and Viacom, helping
develop impactful events, operational strategies, and
push existing systems beyond their intended design. He
is constantly looking for new and innovative ways to
incorporate technology, and relishes hands-on
moments where he can develop and troubleshoot new
solutions. He’s been invited to speak at such
conferences as DSE and SIGGRAPH.

Bill Tagliaferri
President
Mr. Tagliaferri serves as President and heads the real
estate division for BIG Outdoor and develops media
assets throughout the United States. He has over 20
years experience in OOH, construction management
and real estate services. Mr. Tagliaferri has developed and overseen various digital OOH projects throughout
the US and is very proficient in the implementation of
digital signage networks.

Erin Watkins
General Counsel
Ms. Watkins worked at two nationally-recognized law
firms before joining BIG Outdoor in 2015. She
provides expert and strategic legal advice to
management and sets internal governance policies
to ensure all legal objectives are fulfilled.

She also works with property owners, governmental
entities, and other third parties on the development of BIG Outdoor’s signage assets.
5 MEET BIGOUTDOOR
KEY PERSONNEL | Santa Monica Team
Ryan Levine
VP, West Coast Real Estate
Mr. Levine brings over a decade of experience to
managing BIG Outdoor’s existing Landlord partnerships and spearheads new signage developments on the West
Coast. He joined BIG Outdoor in 2014 after four years with Van Wagner Outdoor, where he was responsible for
signage inventory development and alternative OOH
product growth in the Los Angeles market.

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Packet Pg. 396 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Natina Urbano
Director of Operations West Coast
Natina Urbano has a decade of successful
experience in operations management. Ms. Urbano
oversees the expansion of assets and photography
on the West Coast. She hails from the state of Texas
(where she attended Texas State University) and she
is a strong believer in under-promising and always
over- delivering.

Ro Reyes
VP, West Coast Sales
Ms. Ro Reyes handles national sales for the West
Coast. With 12+ years of experience, she is responsible for the company’s relationships with top premier
agencies and accounts such as Apple, Warner Bros,
Amazon, Netflix, Hulu, T-Mobile and CW, to name a
few. She manages a team and ensures the highest
standards of quality control and quality assurance,
both internally and externally. She’s developed and
implemented policies and procedures and oversees
the day-to-day operational duties for Apple.
6 MEET BIGOUTDOOR
KEY PERSONNEL | Santa Monica Team
Emily Lanzillotti
National Sales Representative
Ms. Lanzillotti is a member of our West Coast
Sales Team, responsible for servicing and
growing relationships with our key agencies
and accounts. These include Google,
Youtube, Disney & Universal Studio’s, among
others. With over seven years of OOH
experience, she has worked on both the
Agency and Sales side of the industry, as well
as international experience (she's an
Australian native). This mix of OOH knowledge
helps support her clients’ strategies and
campaign execution.

Nicole Enriquez
National Sales Planner
Nicole Enriquez is a National Sales Planner
for BIG Outdoor's West coast team. She has
7+ years experience in the OOH industry on
both the client and media partner side. Her
agency experience has helped her
develop a deep understanding of client
needs and how to best position BIG
Outdoor within the OOH ecosystem. Nicole
is a Santa Monica native but spent time on
the East coast during college at Boston
University.

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Packet Pg. 397 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 7 MEET BIGOUTDOOR
Markets

PORTLAND

SAN FRANCISCO

SAN DIEGO
AUSTIN

CHICAGO

ATLANTA

PHILADELPHIA
BOSTON

BIGOUTDOOR
2 LOS ANGELES OFFICES

BIGOUTDOOR

NEW YORK OFFICE

BIGOUTDOOR

DALLAS OFFICE

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Packet Pg. 398 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) 8 MEET ROVEiQ
Profile
Rove iQ is a technology company headquartered in Greater Cincinnati, Ohio, with additional offices in Miami, Florida. • BIGOUTDOOR and RoveiQ have a strategic partnership. • BIGOUTDOOR is invested in RoveiQ • RoveiQ has the most interactive kiosks deployed in the state of Florida
RoveiQ’s Brand Promise:

To enrich lives through intelligent software designed to move humans.

Rove iQ is in the following markets:
• Newport Beach, CA • Irvine, CA • Bay Area, CA • Atlanta, GA • Lawrenceburg, IN • Cleveland, OH • Cincinnati, OH • Charlette, NC • Raleigh, NC • Las Vegas, NV • Miami, FL • Orlando, FL • Tampa, FL • Cape Coral, FL

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Packet Pg. 399 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Nick Duskey
Chief Technology Officer
Mr. Duskey has 10+ years of
technical and development
experience, implementing new
products and processes. Nick
Manages the software
development and security of our
technology.

Russ Middleton
Chief Operations Officer
Mr. Middleton will be responsible
for taking you through the
deployment process of the Rove
iQ user experience. He creates
the user interface and user
experience for all parts of the
digital screens. He has over 10
years of experience in deploying
digital kiosks software, hardware,
and other technologies around
the country.

PJ Thelen
Chief Executive Officer
Mr. Thelen has 25+ years of leadership
experience servicing the IT industry in
hardware, software, and services. Prior
to joining Rove iQ, Mr. Thelen was
President of Sunrise Technology (a
division of the Kroger grocery chain),
an innovative company that
developed strategic technologies like
Edge (an interactive digital smart shelf
system) and Gen 3 Zooter (a powerful
device that tracks merchandising
programs, improves inventory
management, and analyzes customer
engagement trends by leveraging
video analytics, automation, and
machine learning.

Steven McFarland
Vice President of Client
Relations
Mr. McFarland has coordinated the
majority of Rove iQ’s projects and is
responsible for making sure that all
parties are working toward deadlines
together, and are organized to
complete tasks.

CJ Dyas
Product Designer
Mr. Dyas assists in the design of the
User Interface and Experience from
the moment it's sketched out on
paper, until its being used by
residents and visitors of the city.

After installation, Mr. Dyas is
responsible for designing new
features, modifying existing
features, and making adjustments
to the User Experience based on
user behavior and feedback.

Annika Synnestvedt
Customer Success Manager
Ms. Synnestvedt focuses on the
importance of customer
satisfaction, continual service
improvement, and the value of
data analytics.
9 MEET ROVEiQ
KEY PERSONNEL | Santa Monica Team

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Packet Pg. 400 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Santa Monica Success Ambassador
BIG Outdoor will dedicate full-time staff
to interface directly with the City for all
communications. This will be a
community member who’s intimately
familiar with the neighborhoods, the
community, and the unique businesses
that define it. The job will be to work
closely with these businesses – to bring
them into the program and make it work
for them.

Director of Operations/Field Operations
Associates
BIG Outdoor will hire full-time employees
to interface directly with incoming
maintenance calls from field techs and
community members. The job will be to
work closely with the Field team to ensure
the displays are clean and operational. If
notified by city staff, community
members, or if BIG Outdoor cannot
resolve remotely, the field tech can be
on site immediately and determine if any
additional maintenance or repairs are
needed.
10 MEET BIGOUTDOOR
KEY PERSONNEL | Santa Monica Dedicated Team
Currently recruiting a full-time staff that will be based in Santa Monica.

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Packet Pg. 401 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
11 8.A.f
Packet Pg. 402 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
Dallas, TX Dallas, TX
12 8.A.f
Packet Pg. 403 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
13 Austin, TX

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Packet Pg. 404 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
Manhattan Beach, CA North Hollywood, CA
14 8.A.f
Packet Pg. 405 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
Irvine, CA Miami, FL
15 8.A.f
Packet Pg. 406 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
West Hollywood, CA New York City, NY
16 8.A.f
Packet Pg. 407 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) One of our most cherished case studies is BIG Outdoor’s longstanding partnership with Macerich at Santa Monica Place (SMP). It’s a great example of our 360° Partnership approach in action.

BIG Outdoor took over sales operations for three static signs and nearly doubled the sales revenues of the previous operator. Working closely with Macerich and SMP tenants – to explore ways to engage the public and promote their retail businesses – led to ever bigger trust and success:
• In 2013, we began selling static signs at SMP. We built a state-of-the-art digital sign.

BIG Outdoor more than doubled sales revenue on the static signs, prompting Macerich to expand our partnership, & our success with that asset led to the development of the first large-format digital display on the West Side of Los Angeles in 2016.
• In 2019, we expanded our SMP digital network again, with 4 full-motion digital displays.
• The BIG Outdoor team consistently overdelivers on annual projections.

An important ingredient to this success is real, hands-on, grassroots collaboration with the retail tenants—to understand their needs and find affordable, high-impact advertising opportunities for them.

We at BIG Outdoor are extremely proud of the SMP partnership, which helped shape (and serves as a model for) our 360° approach to other partnerships.

QUALIFICATIONS
CASE STUDY | Santa Monica Place
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Packet Pg. 408 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

QUALIFICATIONS
PUBLIC/ PRIVATE | Collective Partnerships
18 SAN DIEGO

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Packet Pg. 409 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Gas Lamp District Kiosk Program | February 2022 | 219

COMMUNITY

ENGAGEMENT

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Packet Pg. 410 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) • Full-time program ambassador, based in
Santa Monica. BIG Outdoor will dedicate a
full-time employee to interface directly
with the City for all communications. This will
be a community member who’s intimately
familiar with the neighborhoods, the
community, and the unique businesses that
define it. The job will be to work closely with
these businesses – to bring them into the
program and make it work for them.
• High standards for
advertising
content – strictly
maintained at all
times.

Agencies&
Advertisers
City of
Santa Monica

COMMUNITY ENGAGEMENT
BIGOUTDOOR | 360° Partnership
Local Business
& BIDs
Residents
20 • Discounted local sales program
• 10% free screen time
• BIG Outdoor is a member of
the Santa Monica Chamber
of Commerce
• Intelligent, easy-to-use
wayfinding software

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Packet Pg. 411 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

COMMUNITY ENGAGEMENT

INFORM CONSULT INVOLVE COLLABORATE EMPOWER
• public safety and
Emergency alerts
• wayfinding
• safe shelter
• social services
• 311
• local business list
• local events
• photo booth
• social media
• polling
• feedback
• surveys
• workshops
• community service
activities
• art & culture
• job board
• funding for various
civic projects
• ADA compliant
• multilingual
21 8.A.f
Packet Pg. 412 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Gas Lamp District Kiosk Program | February 2022 | 222

KIOSK CONCEPTS
& FEATURES

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Packet Pg. 413 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
Concepts
2 8.A.f
Packet Pg. 414 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
Additional Concepts
24 8.A.f
Packet Pg. 415 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
25 8.A.f
Packet Pg. 416 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
26 8.A.f
Packet Pg. 417 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
27 8.A.f
Packet Pg. 418 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
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Packet Pg. 419 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
Proven Hardware
Extreme Sustainability
• 100% RoHS compliant
• No air conditioning, no refrigerants (CFCs or freon)
• No disposable air filters necessary
• Made from 95%+ recyclable materials1
Industry Leading Reliability
• Highest reliability/longevity in the industry
• 99%+ uptime based upon nearly 30,000 digital faces
deployed in outdoor environments globally
• Best in class remote monitoring and management
• BoldVu (formerly LG-MRI) hardware is the most reliable in the industry
25-50% less power consumption than the
competition
• Average Monthly Power Consumption: 730 (kWh/mt)
• Average Yearly Power Consumption: 8,760 (kWh/yr)
Endless Options
With many hardware designs and software options
available Santa Monica can create the right solution
for the community.
29 With many hardware designs and software options available, Santa Monica has the opportunity to choose the right design for the community

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Packet Pg. 420 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
Digital Kiosk Hardware Features
30 Thermal Management
• Multi-patented, dual-loop thermal management
system keeps components sealed from exposure
to ambient air and contaminants.
• Ensures full performance in ambient environments of
temperatures between -40°C~50°C (-40°F~122°F).
• No air filters, resulting in less periodic maintenance.

Outdoor Proofing
• Vandal resistance Anti-Reflective (AR) treatment on
both sides of glass minimizes haze and reflection.
• Stainless steel and powder-coated aluminum protect
against vandalism, rust, and salt-air corrosion.
• Design consistent with IP66 standards.

Image Optimization
• Ultra 4K Definition Support.
• Optimal image quality in all lighting conditions.
• Improves color saturation and contrast.
• Dynamically adjust level, gamma values, and backlight luminance.
• Reduces backlight power consumption and heat
generation, extends backlight life.

Video Verification
• Real-time hardware monitoring of every video frame to ensure proper playback.
• Abnormal behavior is addressed via automatic power
cycle on the media player.

Energy Monitoring
• Monitors line current and voltage to report on power
consumption.
• Dynamically sheds power load to prevent tripped circuit breakers when available power fluctuates.

Enduring Luminance
• Maintains specified luminance for 10 years, without
fading over time.
• Auto-brightness adjustment based on geolocation
firmware, adjusting brightness based on time of day.
• Maximum Brightness: 3,500 nits

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Packet Pg. 421 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) The kiosk has multiple templates you can choose to manage its two modes of operation, which simultaneously reinforce the City’s brand as a premier destination while actively engaging the public. These operation modes effectively mix interactive and commercial messaging.

KIOSK CONCEPTS & FEATURES
Platform | Operational Modes
31 Passive Mode (Loop)
This is the default mode of operation when someone is not interacting with the kiosk. The screen rotates advertising, City messages, and information about upcoming events in full- screen display. Loop timing can be programmed. Kiosk users can access City ads and/or revenue-generating ads.

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Packet Pg. 422 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) The kiosk has multiple templates you can choose to manage its two modes of operation, which simultaneously reinforce the City’s brand as a premier destination while actively engaging the public. These operation modes effectively mix interactive and commercial messaging.

KIOSK CONCEPTS & FEATURES
Platform | Operational Modes
32 Engagement Mode (Interactive)
Once someone touches the screen, the ad loop disappears (or shifts to the top of the screen depending on the template you select) and the interactive applications appear with options similar to a smartphone experience.

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Packet Pg. 423 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

KIOSK CONCEPTS & FEATURES
Software Platform Use Cases

SEARCH FOR

BUSINESSES

WAYFINDING EMERGENGY & SAFETY

TOUCH ENABLED
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Packet Pg. 424 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

AUGMENTED REALITY SELFIES

KIOSK CONCEPTS & FEATURES
Software Platform Use Cases

WEATHER LOCATE PUBLIC

TRANSIT/MICRO MOBILITY

MULTILINGUAL
34 AUGMENTED REALITY

SELFIES

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Packet Pg. 425 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Shop
Find a new dress, a gift, or arts
and crafts. Shop brings users to
the nearest store right for them!
Dine
Find the perfect date night
location or a quick bite to eat
during your break. Dine helps
users satisfy their taste buds!
Stay
Stay brings users to hotels and
Inns throughout the city to sleep
peacefully!
Search
The entire city, right at your
fingertips! Search lets users find
anything they need.

Selfie
Augmented Reality Selfie Filters
help users capture moments to
last a lifetime and send it to their
phone.

Transit
View bus schedules and live
arrival estimates by pinging local
transit APIʼs and bringing to one
screen.

Weather
View a local dynamic weather
forecast that updates in real time
so youʼre never caught in the rain!
Events
View upcoming city-wide events,
concerts, block parties and more
as they are announced!
Activities
Find a movie theater, golf field, or
an arcade to enjoy with a group
or solo!
Maps
Intelligent, intuitive and artistic; this
is way-finding reimagined. The
heart of Rove iQ is its industry
leading wayfinding application.

Amenities
Find public restrooms, ATMs,
public parks and more!

KIOSK CONCEPTS & FEATURES
Community Apps – Completely Customizable
35 Service
From banking to auto repairs,
Service provides users with
directions to get the help that
they need!

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Packet Pg. 426 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

COMMUNITY ENGAGEMENT
A Commitment to Universal Design & Personal Custom Interface

ACCESSIBILITY
The kiosks will be public resources—and that means
they need to be easy to use for everyone. Our platform is designed for everyone to enjoy the same ease of use. • Partner with Disability Community Resource Center (DCRC) • Universal Design for easy-to-use functionality • Wayfinding curated specifically for people with mobility challenges • User buttons are accessible to all • Toggle contrast and font size 36 8.A.f
Packet Pg. 427 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins))

FIELD TECH APP CLEAN & SAFE APP SERVICE TICKETS/ WORK ORDERS

KIOSK CONCEPTS & FEATURES
Maintenance Program
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Packet Pg. 428 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) THANK YOU • Collaborate with community members and key stakeholders • BIGOUTDOOR has already began speaking to dozens of local businesses and non-profits
• BIGOUTDOOR’s dedicated Santa Monica based staff will
consist of community members who directly engage with
city staff, residents, businesses and stakeholders.
• BIG’s Dedicated & Focused Team of software developers, exclusive project management and maintenance staff, content designers, media team and community ambassadors.
• Customizable designs • Hardware & software interface will be fully customized and upgraded throughout the franchise term
• Input from key stakeholders and city staff is critical for this program to be a success
• Financials • Signing bonus upon execution • Guaranteed annual payments • 50/50 Percentage revenue share (greater of guaranteed rent)
• Dedicated city messaging on displays as well as unsold time
• 2% of BIGOUTDOOR’s annual revenue received from
franchise agreement to fund additional city
projects/initiatives
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Packet Pg. 429 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) Staff Recommendation
Adopt a Resolution of Intent declaring the Council’s intent to hold a public hearing on November 15, 2022 to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network, per the terms and conditions stated in the resolution.

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Packet Pg. 430 Attachment: PowerPoint Presentation (5470 : Resolution of Intent to Award OOH Kiosk Franchise (60 mins)) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 10.A
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Section 4.08.095, Prohibition Against Camping in Public Spaces, to Clarify: (1) the Applicability of the Section’s Prohibitions; and (2) the Definition of “Camp Facility”
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for adoption an Emergency Ordinance amending Santa Monica Municipal Code Section 4.08.095, Prohibition against camping in public spaces (“Section 4.08.095”), to clarify: (1) the applicability of the section’s prohibitions in line with recent case law; and (2) the definition of “Camp Facility.” Summary
Johnson v. City of Grants Pass (“Grants Pass”), a recent decision from the United States Court of Appeals for the Ninth Circuit, has held that a city cannot prohibit homeless individuals from sleeping or using blankets, pillows, sleeping bags, cardboard boxes, and other rudimentary protections against the weather on public property, unless shelter space is available for their use. The proposed amendment seeks to clarify Section 4.08.095 in response to the Grants Pass decision. The ordinance also clarifies Section 4.08.095’s definition of “camp facility” for ease of enforcement.

Discussion
Section 4.08.095 was enacted on September 13, 1994 to prohibit maintaining camp facilities for the purposes of living accommodation in the City’s public places. The

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purpose of this Section was to address public health and safety concerns and to prevent the potential deterioration in the physical condition of the community’s parks and public places. At the time of enactment, case law with respect to such provisions was not yet settled. Since then, case law has evolved and clarified which provisions a public entity can enforce.

Specifically, Martin v. Boise (“Martin”) and, now, Grants Pass, have provided additional clarification with respect to prohibitions against camping in public, such as Section

4.08.095. Pursuant to Martin, cities cannot criminalize sleeping in public unless a shelter bed is available. Many cities, in response, approved ordinances that did not prohibit sleeping, but prohibited using “camping items,” such as blankets and sleeping bags in public.

To remain compliant with new case law, the proposed amendments are as follows:

4.08.095 Prohibition against camping in public places.
(a) No person shall camp in a prohibited public place.
(b) For the purpose of this Section:
(1) “Camp” means to erect, maintain, store, or occupy a camp facility for the purpose of living accommodations.
(2) “Camp facility” may means the use of, settling, fixing in place, setting up, storing, locating, or leaving behind in a prohibited public place contain any or a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, or hammocks, or bedrolls.
(3) “Prohibited public place” means any of the following: the public parks listed in Section 4.08.091 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified

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School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica.
(c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks. (d) This ordinance does not prohibit those who are homeless from using sleeping bags, blankets, pillows, and/or bedrolls while sleeping. This Section shall not take effect until March 1, 1995.

It is important to emphasize that this decision, and the proposed amendments, will not require the City to allow encampments, temporary structures, or inoperable vehicles to be used for habitation in the City. Thus, case law allows the City to continue to provide for public safety and access to our public locations while also allowing individuals who are unhoused to have rudimentary protections against the elements while they sleep.

The proposed amendments seek to balance these two objections.

In accordance with Santa Monica Charter Sections 615 and 619, this proposed amendment is being introduced as an emergency ordinance as it is necessary for ensuring compliance with recent case law, safeguarding the rights of homeless individuals as determined by the courts, and by otherwise preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.

Environmental Review
Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment.

Therefore, this project is not subject to CEQA.

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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed action.

Prepared By: Michelle Hugard, Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. CC-Ord-Camping Proposed Amendment to SMMC 4.08.095

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1 City Council Meeting: November 15, 2022 Santa Monica, California ORDINANCE NUMBER_________(CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION

4.08.095, PROHIBITION AGAINST CAMPING IN PUBLIC PLACES, TO CLARIFY:
(1) THE APPLICABILITY OF THE SECTION’S PROHIBITIONS, AND (2) THE DEFINITION OF “CAMP FACILITY.”
WHEREAS, for many years, the City of Santa Monica has experienced numerous individuals maintaining camp facilities for the purposes of living accommodations in public places, including City parks; and
WHEREAS, an increase in individuals maintaining camp facilities for the purposes of living accommodations in the City’s parks and public places can lead to serious health, safety, and accessibility concerns and an overall deterioration in the physical condition of the community’s parks and public places; and
WHEREAS, Santa Monica Municipal Code Section 4.08.095, Prohibition against camping in public places, was initially enacted to address these concerns; and WHEREAS, the City Council wishes to continue protecting public safety in, and access, to Santa Monica’s parks and other public places by prohibiting camping and camping facilities except in designated areas as determined by the City Council; and WHEREAS, recent case law, however, has made clear that cities cannot prohibit, by criminal penalty or administrative citation that may lead to criminal penalty, a homeless individual from sleeping or merely using blankets, pillows, sleeping bags, or other

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Packet Pg. 435 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) 2 rudimentary protections against the weather on public property, unless there is shelter space available for that individual to use; and
WHEREAS, the City wishes to clarify Section 4.08.095 in compliance with recent case law by not enforcing its camping prohibitions against homeless individuals who are merely sleeping with the use of blankets, pillows, sleeping bags, and other rudimentary protections against the weather on public property; and WHEREAS, the City Council also wishes to clarify the definition of “camping facility” for ease of enforcement; and
WHEREAS, to ensure compliance with applicable case law and to protect the due process rights of homeless individuals, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists such that this amendment qualifies for an emergency ordinance.

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

SECTION 1. Santa Monica Municipal Code 4.08.095 is hereby adopted to read as follows:

4.08.095 Prohibition against camping in public places.
(a) No person shall camp in a prohibited public place.
(b) For the purpose of this Section:
(1) “Camp” means to erect, maintain, store, or occupy a camp facility for the purpose of living accommodations.
(2) “Camp facility” may means the use of, settling, fixing in place, setting up, storing, locating, or leaving behind in a prohibited public place contain any or

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Packet Pg. 436 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) 3 a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, or hammocks, or bedrolls.
(3) “Prohibited public place” means any of the following: the public parks listed in Section 4.08.091 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica.
(c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks. (d) This ordinance does not prohibit those who are homeless from using sleeping bags, blankets, pillows, and/or bedrolls while sleeping. This Section shall not take effect until March 1, 1995.

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

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Packet Pg. 437 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) 4 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. Pursuant to Sections 615 and 619 of the City Charter, for the reasons stated in the recitals above, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 438 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 10.B
1 of 12
To: Mayor and City Council
From: Edward F King, Director, Mobility (DOT)
Subject: Zero Emission Delivery Zone Pilot Program Lessons Learned; Introduction of First Reading of an Ordinance amending Santa Monica Municipal Code Section 3.12.1055 to Authorize the Use of Remote-Controlled Robotic Personal Delivery Devices; Adoption of an Emergency Ordinance to Extend the Moratorium on the Operation of Autonomous Robotic Delivery Devices through January 30, 2023, and Authorize the City Manager to Negotiate and Execute a Contract Extension with Automotus to continue Curb Management Services
Recommended Action
Staff recommends that the City Council:

1. Introduce for first reading an ordinance amending Santa Monica Municipal Code Section 3.12.1055 to authorize the operation of remote-controlled personal delivery devices (PDDs) and prohibit the operation of autonomous delivery devices; and

2. Adopt an emergency ordinance extending the moratorium prohibiting the operation of autonomous delivery devices through January 30, 2023;

3. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

4. Authorize the City Manager to execute a second modification to the agreement with Automotus to extend an existing license agreement and software as a service (SaaS) agreement through December 31, 2024, to allow for continued study of curb management via Automotus curbside cameras. There are no costs associated with this agreement.

Summary
The City of Santa Monica, in partnership with the Los Angeles Cleantech Incubator (LACI), launched the Zero Emission Delivery Zone (ZEDZ) pilot program in February 2021. This pilot, which will be ending in December 2022, aims to reduce emissions from

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delivery vehicles by encouraging the use of zero-emission light- and medium-duty vehicles for deliveries in Downtown Santa Monica and Ocean Park. Electric cargo vans and low-speed electric shuttles, e-scooters and cargo bikes, and remote-controlled personal delivery devices (PDDs) have been among the delivery technologies tested as part of the pilot.

The City has benefited from this pilot in multiple ways. City staff has gained actionable knowledge of the incentive structures that motivate sustainable last-mile delivery companies, the delivery companies themselves have been given resources to develop and expand their operations, new delivery technology has been tested and brought under City regulation, and the City has begun gathering and processing curb data that promises to facilitate safe, more comfortable, and prosperous streets.

To maintain and extend these benefits, staff have three recommendations.

1. The ZEDZ pilot has provided for official regulation of PDDs, coinciding with a moratorium on fully autonomous sidewalk delivery devices. With both this moratorium and the pilot phase of PDDs coming to an end on December 31, 2022, staff recommends adopting the attached ordinance to replace the existing moratorium on fully autonomous sidewalk delivery devices with an indefinite prohibition, and to codify regulations on the operation of human-piloted PDDs.

2. Since the above ordinance would not have its second reading until December 6, and therefore its 30-day window to take effect would extend past the existing moratorium’s end date of December 31, 2022, staff recommends adopting an emergency ordinance that extends this moratorium through January 31, 2022.

3. As part of the pilot, the City entered into a license agreement and a Software as a Service (SaaS) agreement with Automotus to authorize the installation of video cameras on streetlight poles to monitor the use of ZEDZ loading spaces and share the resulting curbside data with City staff at zero cost to the city. As with PDD regulations, the license and SaaS agreements with Automotus will expire on December 31, 2022, unless extended. Staff recommends this extension to facilitate the productive use of curb data going forward, and to provide data to an ongoing study of sustainable last-mile delivery being conducted by the United

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States Department of Energy in conjunction with LACI, and the cities of Santa Monica, Los Angeles, and Pittsburgh.

Background
Over the last decade, Santa Monica has established itself as a leader in advancing sustainability efforts and particularly in reducing greenhouse gas (GHG) emissions. In April 2020, the City of Santa Monica partnered with LACI to be the host community for the ZEDZ pilot program. This pilot program was designed by the Transportation Electrification Partnership (TEP), a collaborative public/private membership organization of which Santa Monica is a member. The goal of the pilot program is to create a scalable model for promoting the electrification of light- and medium-sized parcel deliveries in urban areas and to test various zero-emission delivery technologies and supporting infrastructure. This mission aligns with the City’s goals to reduce pollution and congestion from the transportation sector and to reduce GHG emissions more broadly, as outlined in the City’s EV Action Plan (2017) and Climate Action and Adaptation Plan (2019).

The ZEDZ focus geography is a one-square-mile area encompassing Downtown Santa Monica, Main Street, and the Ocean Park neighborhood. In administering the program, LACI and the City have partnered with thirteen companies across the delivery, technology, and data analytics sectors to evaluate a wide range of urban delivery solutions in the ZEDZ area, including small and large electric vans/trucks, an EV truck rental platform, e-cargo bikes, e-scooters, and curb management technologies. The anticipated outcomes of the ZEDZ pilot program were:
• To Provide Local Benefits – The ZEDZ has aimed to support local businesses by making it easier for them to send and receive goods. It has also aimed to reduce congestion and emissions and to improve safety issues like double parking, blocked bike lanes, and illegal vehicle maneuvers through better curb management around practices.

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• To Define Policy – Through a better understanding of sustainable delivery practices and curbside behavior, the ZEDZ has sought to inform regulations and policy around the adoption of sustainable delivery technology and operations by private partners and the improvement of curbside management by the City. • To Demonstrate Replicability/Scalability – The ZEDZ seeks to provide a framework for other cities and companies to follow in advancing new delivery systems and technologies to make urban freight delivery more sustainable.

The ZEDZ has also assisted the City in adopting the nascent technology of remotecontrol personal delivery devices (PDDs). PDDs began operation in Santa Monica in the summer of 2020. At the time, nothing in the City code explicitly regulated these types of devices. To better understand the opportunities and challenges of PDDs and to begin testing a regulatory framework for their operation, the City Council directed staff on October 27, 2020 (Attachments A and C) to include PDDs as technology to be tested in the pilot program. At the same time, Council placed a moratorium on autonomously operated delivery devices, requiring a human operator to be always in control of PDDs due to safety concerns. The moratorium and LACI’s oversight of human-operated PDDs will expire on December 31, 2022.

The pilot program has included eleven EV-only curbside loading zones in Downtown Santa Monica and Main Street that provide priority curb access to electric vehicles, as well as three “control” loading zones with no priority EV access but for which curb data was also collected. On February 9, 2021 (Attachment B), Council authorized the City to enter into license and SaaS agreements with Los Angeles-based company Automotus to monitor utilization/vehicle activity around the zones to better understand the growing demand for the curbside, improve safety, reduce behaviors like double parking and blocking bike lanes, and make the curb work efficiently for as many users as possible.

The ZEDZ pilot program officially launched in January 2021. After a slow start due to the pandemic, staff updated the Council on the progress of the pilot on September 14, 2021 (Attachment D). At that meeting, Council authorized a 12-month extension of the

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program from its initial conclusion date of December 31, 2021. This included an extension of the autonomous PDD moratorium and the license and SaaS agreements with Automotus, thus allowing more time to better understand delivery practices and curbside behavior and to better prepare for the next phase of PDD regulation.

Past Council Actions
Meeting Date Description
10/27/20
(Attachment A)
Adopted Emergency Ordinance to establish a moratorium on autonomous delivery vehicles
2/9/2021
(Attachment B)
Authorized the City Manager to execute a license agreement with Automotus Corporation
4/13/21
(Attachment C)
Requested to amend Emergency Ordinance to allow remotely controlled delivery vehicles to operate citywide
9/14/2021
(Attachment D)
Authorized the City Manager to execute an amendment to the MOU between LACI and the City to extend the ZEDZ through December 31, 2022
Discussion
The ZEDZ pilot program will officially end on December 31, 2022, when the memorandum of understanding between the City and LACI expires. The program has provided an opportunity for several delivery and logistics companies to establish the foundations and partnerships needed to advance zero-emission delivery solutions. It has also provided the City insight into how delivery operations respond to different incentives, how local businesses can benefit through improved delivery operations, and how the City can gather curbside data to improve curb-related policy and enforcement.

LACI will complete a summary report in early 2023 that will provide a fuller assessment of program outcomes and lessons learned and will disseminate these widely to further expand EV adoption and sustainable practice within the delivery sector. In the meantime, City staff have drawn a set of preliminary findings from the pilot, based on 18 months of operations, a review of program data, and interviews with delivery and technology program partners.

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Micromobility Food and Parcel Delivery
This aspect of the ZEDZ included partnerships with last-mile freight delivery firms that used a host of sustainable transportation modes, ranging from cargo e-bikes to light electric trucks to deliver parcels to businesses and residents. It also included the EV delivery operations of a big box retailer, as well as the PDDs, which made deliveries from local businesses (primarily restaurants) to nearby City residents. Staff has drawn the following conclusions from this portion of the pilot:
• Micromobility (e.g., e-cargo bike) deliverers found Santa Monica’s infrastructure to be conducive to operations throughout the ZEDZ area. • Operators were divided over the importance of direct logistical support from LACI and the City. Some identified space for delivery microhubs and staging areas to be key areas for potential support. Others considered this the primary purview of logistics firms and instead argued that the City could better facilitate green delivery through other policy levers, such as bolstered delivery requirements and additional permissions for lightweight delivery vehicles. • In the absence of enforcement, operators did not find EV-only loading zones to be a major incentive. City staff is not currently authorized to enforce EV-only zones; a proposed ordinance slated to go before Council in January 2023 would, among other things, allow for such enforcement. They did voice approval for the role of these zones as signaling mechanisms, however, and advocated for their wider deployment.
• PDDs imposed little burden on the public, staying out of the public right-of-way when not in use, yielding to pedestrians when conducting deliveries, and generating few incidents.
• The overall volume of operations was modest in the context of all City transport, on the order of approximately 1,000 deliveries per month for last-mile parcel deliveries, as well as another 1,000 deliveries per month for PDDs. The result is still a significant displacement of otherwise polluting delivery vehicles

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Curb Management
Curb functions once limited to parking, loading, and public transit have expanded to include shared mobility zones, parklets, bike lanes, shuttles, and rideshare pickup and drop-off, among other uses. Commercial loading needs have also drastically changed in recent years with an increase in deliveries caused by online shopping and app-based food delivery. The pilot addressed this growing area of concern through the implementation of 11 EV-only loading zones, as well as through a partnership with Automotus to gather and analyze data surrounding the use of these zones. From these activities, staff has drawn the following conclusions:
• As mentioned above, unenforced EV-only zones provided little direct incentive for delivery operations to change vehicle types. As such, relatively little EV use could be detected in these zones.
• City staff gained insight and valuable experience in the logistical hurdles of deploying curbside camera technology, understanding the types of data that it can provide, and understanding how those data can feed into refined curbside policy and enforcement.
• Staff and research partners have developed an initial platform from which further study of curb improvements can be launched, both concerning the technology needed for such study, as well as how a more effective study could be designed.

Through camera-based curbside data collection, City staff can address broader issues of roadway safety and comfort, making commercial corridors more inviting spaces for active transportation and reducing congestion. In an example of how these data might be applied, staff can identify specific times and locations where double-parking infractions are especially common, which would then allow them to identify the root causes of these hazards and better address them through policy, infrastructure, or targeted enforcement. Figure 1 shows the total number of double-parking incidents from July through August 2022 by hour of day for weekdays and weekends across six Automotus camera locations along Main Street. These findings, while preliminary, point toward more effective future approaches to curb management.

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Figure 1: Camera-identified double-parking incidents in ZEDZ locations

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Next Steps
PDD Ordinance
Throughout the ZEDZ pilot program, remote-controlled PDDs have offered a net benefit to Santa Monica residents and businesses, providing efficient and sustainable delivery, and imposing little cost to the public. As such, staff recommends that Council approve the attached ordinance, which would 1) allow remote-controlled PDDs to continue operations through the City; 2) replace the existing moratorium on fully autonomous PDDs with an indefinite prohibition, given the concern over safety and the vetting of devices; and 3) build on existing regulations to ensure safe and orderly PDD operations. (One important point to note concerning the prohibition of autonomous PDDs: this prohibition would apply only to vehicles on City sidewalks; autonomous vehicles in the roadway are subject to state regulation and would not be impacted.) Table 1 provides a summary of terms in the ordinance aimed at this last goal.

Table 1: Summary of PDD Ordinance Terms
Ordinance Category Requirements
Vehicle Form • Must have lights and a high-visibility flag for safety • Height, width, and weight maximums to avoid sidewalk
hazards and obstruction
• Must have a unique identifier and 24/7 contact
information legibly displayed on the PDD
Operations • No fully autonomous delivery
• Must obey all traffic laws and yield to pedestrians
• Must not be stored, idled, or roving in the public right-ofway when not on a delivery • Must not exceed 5 mph
• Must report any incidents to City within 24 hours
• Must maintain appropriate insurance and indemnification • Must transmit aggregated data reports to City for
planning and regulation purposes

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Automotus Cameras
Given the substantial benefits of camera-based curbside behavior data for delivery operations and otherwise, staff recommends that the council approve extensions of the SaaS and license agreements with Automotus through December 31, 2024. This extension will provide staff with the opportunity to continue working with curb data that has many actionable applications for making City streets safe, more inviting, and more supportive of the community. It will further provide staff with the experience needed to strategize the broader implementation of useful curbside technology and facilitate the ongoing study of sustainable curb management as part of the Department of Energy grant. It will also continue the privacy protections enshrined in the current agreement with Automotus, protecting personally identifying information, and preventing the resale or other misuse of community data. Specifically, video from Automotus cameras will not be permanently stored, all personally identifiable information will be scrubbed from any data before it is saved, and the City will retain ownership of all data. Additionally, while information from the cameras may help inform City enforcement of the curb, video will not be directly accessible by the Santa Monica Police Department.

Environmental Impact Statement
CEQA, the California Environmental Quality Act, applies only to projects that have the potential to cause a significant effect on the environment. A project is not subject to CEQA under CEQA Guidelines Section 15061(b)(3) “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed ordinance to change the regulation of PDDs from a pilot permit model operating under the ZEDZ pilot program to a permanent program would not result in a physical environmental effect on the environment.

In addition, Section 15301 exempts Class 1 projects from CEQA, which include the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures [or] facilities, including streets, sidewalks, bicycle, and pedestrian trails, and similar facilities.” The project consists of the regulation of shared mobility devices within the public right of way because it consists of alternate operation (and permitting) of public streets, sidewalks, and similar facilities that do not

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create additional automobile lanes. The PDDs are required to be operated within existing public streets and would not necessitate the construction of new vehicle travel lanes for operation. Therefore, the project qualifies as a Class 1 exemption.

Section 15308 also provides an exemption for Class 8 projects, which include actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The proposed ordinance is intended to regulate personal delivery devices for the protection of the environment, including people. Therefore, the proposed project does not have the potential for causing a significant effect on the environment and is categorically exempt from CEQA review under CEQA Guideline section 15308.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary because of the recommended actions. Staff will return to Council as part of the biennial budget process if specific budget actions are required in the future.

Prepared By: Trevor Thomas, Transportation Planning Associate Approved Forwarded to Council
Attachments:

A. 3.23 RemotelyControlledPDDOrdinance 11.15.2022 FINAL B. 3.23_EmergencyOrdinance
ExtendingAutonomousDeliveryVehicleMoratorium_11.15.2022 Final C. Written Comment

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D. PowerPoint Presentation

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1 City Council Meeting: November 15, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL SECTION 3.23.1055 TO AUTHORIZE THE

DEPLOYMENT AND OPERATION OF REMOTELY CONTROLLED PERSONAL

DELIVERY VEHICLES AND DEVICES AND PROHIBIT THE OPERATION OF

AUTONOMOUS PERSONAL DELIVERY VEHICLES AND DEVICES
WHEREAS, in October 2020, in response to public safety concerns over the national proliferation of autonomous personal delivery vehicles and devices operating on sidewalks and pedestrian paths of travel, the City adopted a moratorium which prohibited the deployment and operation of autonomous personal delivery vehicles and devices; and
WHEREAS, at that time, the City allowed the deployment and operation of remotely controlled personal delivery vehicles and devices, so long as operators participated in the Zero Emission Delivery Zone (ZEDZ) pilot program between the City and the Los Angeles Cleantech Incubator; and
WHEREAS, on December 31, 2022, the ZEDZ pilot program will end, and the City desires to continue allowing the deployment and operation of remotely controlled personal delivery vehicles and devices, subject to rules and regulations drafted by City staff; and WHEREAS, for the same public safety concerns described in the October 2020 emergency ordinance, the City also desires to adopt a permanent prohibition on deployment and operation of autonomous personal delivery vehicles and devices operating on City sidewalks and pedestrian paths of travel.

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Packet Pg. 451 Attachment: 3.23 RemotelyControlledPDDOrdinance 11.15.2022 FINAL [Revision 1] (5299 : Zero Emission Delivery Zone Pilot Program Update 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 3.23.1055 of the Santa Monica Municipal Code is hereby amended as follows:

3.23.1055 Autonomous and remotely controlled personal delivery vehicles or devices.
(a) At no time shall a person deploy or operate, or cause to be deployed or operated, an autonomous personal delivery vehicle or device, or a semi-autonomous personal delivery vehicle or device, on City sidewalks or pedestrian paths of travel. (b) For purposes of this Section:
(1) “Autonomous personal delivery vehicle or device” means a motorized vehicle or device used to transport items, products, or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes, and guided or controlled without a human operator, whether while sitting or standing upon the device or remotely, actively, and physically controlling the movements of the vehicle or device.
(2) “Semi-autonomous personal delivery vehicle or device” means a motorized vehicle or device used to transport items, products, or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes, where vehicle or device operation technology is a combination of hardware and software, remote and/or on-board, and performs the dynamic piloting task.
(b) A person may deploy and operate, or cause to be deployed and operated, a remotely controlled personal delivery vehicle or device to transport items, products,

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Packet Pg. 452 Attachment: 3.23 RemotelyControlledPDDOrdinance 11.15.2022 FINAL [Revision 1] (5299 : Zero Emission Delivery Zone Pilot Program Update 3 or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes. All operations of remotely controlled personal delivery vehicles or devices shall comply with all requirements, including insurance and indemnification requirements, imposed as conditions of the grant to the operator of a required Santa Monica business license, as well as all other rules and regulations pertaining to the deployment and operation of a remotely controlled personal delivery vehicle or device.
(c) The City Manager, or designee, is authorized to adopt rules and regulations consistent with, and necessary to, implement this Section. Such rules and regulations may include, but are not limited to, provisions governing: (1) dimensions of devices and vehicles; (2) yielding of the right of way to pedestrians and bicycles; (3) obeyance of all signs and signals governing traffic and pedestrians; (4) non-interference with the maintenance of paths of travel for persons with disabilities; (5) non-transport of waste or hazardous materials (including flammables or ammunition); (6) mandatory use of headlights that operate at night, sunrise, and sunset; and (7) markings of a size sufficient to be clearly legible to passing vehicles and pedestrians, a unique identifier for the device together with the name and contact information of the device’s operator.

Such rules and regulations shall be filed in the office of the City Clerk where they shall be made available for inspection by the public. Violations of rules and regulations issued pursuant to this Section shall constitute violations of this Chapter, and shall subject the violator to the penalties set forth in this Chapter.

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Packet Pg. 453 Attachment: 3.23 RemotelyControlledPDDOrdinance 11.15.2022 FINAL [Revision 1] (5299 : Zero Emission Delivery Zone Pilot Program Update 4 (d) This Section shall not apply to vehicles regulated solely under the autonomous vehicle sections of the California Vehicle Code.

Beginning on October 28, 2020 and ending on December 31, 2022, no person shall deploy or operate an autonomous delivery vehicle or device on City sidewalks or pedestrian paths of travel. For purposes of this Section, “Autonomous delivery vehicle or device” means a motorized vehicle or device used to transport items, products, or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes, and guided or controlled without a human operator, whether while sitting or standing upon the device or remotely, actively, and physically controlling the movements of the vehicle or device. For purposes of this Section, “remotely controlled delivery vehicle or device” means a motorized vehicle or device used to transport items, products, or any other materials on City sidewalks or pedestrian paths of travel for commercial purposes that is guided and controlled with a human operator, whether while sitting or standing upon the device or remotely, actively, and physically controlling the movements of the vehicle or device. Beginning January 1, 2021, or at such time as the pilot program referenced below commences, and ending on October 28, 2022, no person shall deploy or operate a remotely controlled delivery vehicle or device on City sidewalks or pedestrian paths of travel other than as part of the pilot program being overseen in Santa Monica by Los Angeles Cleantech Incubator (“LACI”). All operations of autonomous or remotely controlled delivery vehicles or devices that are not prohibited by this Section (“nonprohibited devices”) shall comply with all requirements, including insurance and indemnification requirements, imposed as conditions of the grant to the operator of a required Santa Monica business license, as well as all of the following operational