City Council Meeting: December 13, 2022 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A
CALIFORNIA STATE DEPARTMENT OF WATER RESOURCES SUSTAINABLE
GROUNDWATER MANAGEMENT GRANT PROGRAM AGREEMENT FOR THE SANTA
MONICA GROUNDWATER SUBBASIN RECHARGE AND MONITORING PROJECT WHEREAS, on January 25, 2011, the City Council directed staff to develop a plan to achieve 100% self-sufficiency on local water resources; and WHEREAS, the City recognizes that a sustainable and secure water future must include the coordinated and conjunctive reuse of al locally available water resources including traditionally non-potable sources such as brackish groundwater and wastewater; and
WHEREAS, the California Department of Water Resources is administering the Sustainable Groundwater Management (SGM) Grant Program using funds authorized by the California Budget Act of 2021 (Stats. 2021, ch. 240, § 80) (Budget Act of 2021) and Proposition 68 for projects that encourage sustainable management of groundwater resources that support the Sustainable Groundwater Management Act and/or invest in groundwater recharge projects with surface water, stormwater, recycled water, and other conjunctive use projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
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Packet Pg. 348 Attachment: Attachment D - Resolution [Revision 1] (5412 : DWR SGM Grant Resolution)
SECTION 1. The Recitals above are incorporated herein by this reference.
SECTION 2. An application shall be made to the Department of Water Resources to obtain a grant under the 2021 Sustainable Groundwater Management (SGM) Grant Program SGMA Implementation Grant pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (Pub. Resources Code, § 80000, et seq.) and the Budget Acts of 2021 and 2022. Be it further resolved that the City of Santa Monica has the authority and shall enter into a funding agreement with the Department of Water Resources to receive a grant for the Santa Monica Groundwater Subbasin Recharge and Monitoring Project.
SECTION 3. The City Manager of the City of Santa Monica, or designee, is hereby authorized and directed to prepare the necessary data, conduct investigations, file such application, execute a funding agreement and any future amendments thereto, submit invoices, and submit any reporting requirements with the Department of Water Resources.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution of the City Council, 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. 349 Attachment: Attachment D - Resolution [Revision 1] (5412 : DWR SGM Grant Resolution) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.M
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Adoption of a Resolution Authorizing Acceptance of the Alcoholic Beverage Control Grant
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution authorizing the acceptance of a grant awarded in the amount of $44,000 from the California Department of Alcoholic Beverage Control (ABC) for the 2022-23 ABC-OTS Grant Program in the Police Department.
2. Authorize the City Manager to execute all necessary documents to accept the grant 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 California Department of Alcoholic Beverage Control (ABC) grant in the amount of $44,000.
Funds must be used by the end of the grant period, or by August 31, 2023. No local match is required. The grant aims to enhance community wellbeing by reducing youth access to alcoholic beverages using both education and enforcement strategies. The goal is to reduce underage drinking as well as Driving Under the Influence (DUI) driving injuries and fatalities.
Discussion
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This ABC grant comes from the California Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration. The city has previously received grant funding from this and similar ABC grant programs in 2016, 2019, and 2021.
Similar to previous ABC-OTS grants, the 2022 ABC-OTS grant would fund the following overtime operations:
• Minor Decoy Operations – The Minor Decoy program is designed to educate and deter licensed locations from selling alcohol to minors. The program uses supervised individuals, under the age of 20, to attempt to purchase alcohol at licensed premises. This program has proven to be an effective tool in promoting responsible practices in the sale of alcoholic beverages by licensees, reducing substance abuse, and enhancing community welfare by limiting underage access to alcohol.
• Shoulder Tap Operations – The Shoulder Tap Program is used to detect and deter adults who furnish alcohol to minors. “Shoulder Tapping” refers to the practices used by minors to obtain alcohol from adult strangers near off-sale retail outlets. The Shoulder Tap program uses supervised individuals under the age of 20. During the operation the minors attempt to have an adult purchase alcohol for them at licensed ABC establishments.
• Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspections – the primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. SMPD officers will conduct visits and inspection of licensed premises identifying areas of non-compliance. There is follow up to ensure any issues are addressed. • Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.
The grant would require press releases to be issued at the conclusion of each Minor Decoy, Shoulder Tap, and IMPACT operation.
Environmental Review
This is not a project for the purposes of the California Environmental Quality Act.
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Past Council Actions
Meeting Date Description
12/14/21 (attachment
A)
Accept ABC Grant Award $20,000
08/13/19 (attachment
B)
Accept ABC Grant Award $66,519
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the California Department of Alcohol Beverage Control.
FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20180002.404617 $44,000 20180002.555163.21035 $44,000
If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Staff Report - December 14, 2021
B. Staff Report - August 13, 2019
C. Resolution - ABC Grant - 2022-23 (12-13-22)
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1 City Council Meeting: December 13, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD IN THE AMOUNT OF $44,000 FROM THE STATE OF CALIFORNIA GRANT
ASSISTANCE PROGRAM FOR THE ALCOHOLIC POLICING PARTERNSHIP
PROGRAM
WHEREAS, the City of Santa Monica (the “City) desires to reduce alcohol related crimes of all types in Santa Monica and stem the access of youth to alcohol in Santa Monica by using a comprehensive program of enforcement and education strategies with a focus on prevention
WHEREAS, in furtherance of these goals, the City desires to undertake an alcoholrelated crime reduction and prevention program to be funded in part by grant funding made available through the Alcohol Policing Partnership Program (“APP”) administered by the Department of Alcoholic Beverage Control (“ABC”), and WHEREAS, the opportunities afforded to the City by the grant funding provided by ABC include the support of targeted operations such as the Minor Decoy and Shoulder Tap programs, undercover operations, and IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) inspections, and
WHEREAS, the City will also use ABC grant funding to provide training to the City’s sworn personnel on ABC’s recommended enforcement and prevention methods and techniques, and
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Packet Pg. 353 Attachment: Resolution - ABC Grant - 2022-23 (12-13-22) (5465 : ABC Grant 2022-23) 2 WHEREAS. ABC has offered, and the City desires to accept, certain APP grant funds from ABC in an amount equal to Forty-Four Thousand Dollars ($44,000) in order to fund such enforcement during Fiscal Year 2022-23.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Manager, or his or her designee, is authorized to accept the grant, and to negotiate, enter into, execute, and deliver a State of California Standard Agreement (“Standard Agreement”) in the amount of forty-four thousand dollars ($44,000), and any and all other documents deemed necessary or appropriate to evidence and secure Department of Alcoholic Beverage Control (“ABC”) Alcohol Policing Partnership Program (“APP”) grant, the City’s obligation related thereto, and any extensions or amendments thereto.
SECTION 2. The grant funds received hereunder shall not be used to supplant expenditures controlled by the City Council.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 354 Attachment: Resolution - ABC Grant - 2022-23 (12-13-22) (5465 : ABC Grant 2022-23) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.N
1 of 5
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Authorization to Accept the 2021 State Homeland Security Grant Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $185,000 from the Federal Emergency Management Agency for the 2021 State Homeland Security Grant Program in the Fire Department, and to accept all grant renewals;
2. Authorize the City Manager to execute all necessary documents to accept the grant, all grant renewals, and modifications. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
Summary
Each year, the Federal government allocates grant funding to enhance regional preparedness for disasters, emergencies, and other threats to homeland security. In grant year 2021, $185,000 was awarded to the Santa Monica Fire Department as a part of the U.S. Department of Homeland Security, Federal Emergency Management Agency's (FEMA) State Homeland Security Grant Program (SHSP) grant to fund a contractor to serve as the Los Angeles Fire Chiefs’ Association Regional Training Group’s Training Officer. Staff recommends that Council authorize acceptance of the 2021 SHSP grant funds and execution of a subrecipient agreement with the County of Los Angeles for a performance period of September 1, 2021, to May 31, 2024. The 2021 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.
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Discussion
The SHSP program focus is on enhancing regional preparedness and capabilities in major metropolitan areas. The Santa Monica Fire Department received funds to support the Fire Department’s core public safety mission 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
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 2021 SHSP program’s agreement was recently received by the City since it takes the County of Los Angeles and the State the first year of the performance period to negotiate the workbook and approve the numerous regional projects before subrecipient agreements can be processed. The program will fund projects in 29 high-threat, high
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density areas selected by DHS. The County of Los Angeles is the region's grantor 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 governing 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 over $20 million in federal homeland 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. These funds can not be used for general purposes and must be specified at the time of application. Homeland security purchases must be pre-approved by the state and align with grant guidelines.
The Fire Department will use the 2021 SHSP grant funds to host the Los Angeles Area Fire Chief’s Association Training Officer contractor. The Training Officer’s contract with Fire Resources was awarded on November 15, 2022, but only the first year’s funds were appropriated to Contract 11339 from SHSP 2020 grant funds. The Training Officer will coordinate the facilitation of regional training opportunities. The Training Officer also performs regional research, prepares reports, presentations, and briefings for the regions’ Fire Chiefs, executive and other fire service audiences on relevant fire service issues. Deploying these funds, as recommended by the Fire Department, helps ensure response readiness for incidents of national significance 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.
Past Council Action
Meeting Date Description
11/15/2022 Original Request for Proposal and award of professional services agreement with Fire Resources to assist Los Angeles Area Fire
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Chief’s Association Regional Training Group hosted by Santa Monica Fire Department using FEMA SHSP grant funds.
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 2021 State Homeland Security Grant Program in the amount of $185,000 to fund LAAFCA’s Training Officer contract.
FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20190001.40429A $185,000 20190001.55517A $185,000
Staff seeks authority to approve funding from the Miscellaneous Grants Fund to increase the professional services agreement with Fire Resources LLC to provide professional services to assist the LAAFCA Regional Training Group.
Professional Services Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23 Budget
Modified Request
Amount
Dept Account #
Total Revised
Contract
Amount
11339 $185,000 $185,000 20190001.55517A $370,000
Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
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Attachments:
A. Staff Report 5424 - Award RFP Training Professional Services on behalf LAAFCA
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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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Packet Pg. 361 Attachment: Staff Report 5424 - Award RFP Training Professional Services on behalf LAAFCA (5468 : Accept 2021 State Homeland Security 3 of 6
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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Packet Pg. 365 Attachment: Staff Report 5424 - Award RFP Training Professional Services on behalf LAAFCA (5468 : Accept 2021 State Homeland Security City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.O
1 of 3
To: Mayor and City Council
From: Danny Alvarez, Fire Chief, Fire Department
Subject: Approval of Fourth Modification to Agreement with Kovatch Mobile Equipment Corporation to Purchase One Fire Engine
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a fourth modification to agreement #10409 in the amount of $405,227 with Kovatch Mobile Equipment (KME) Corporation for the purchase of a fire engine for the Fire Department. This will result in a seven-year amended agreement with a new total amount not to exceed $6,771,740 with future year funding contingent on Council budget approval.
Summary
The Santa Monica Fire Department (“SMFD”) responds to approximately 17,000 calls for service annually, including responding to fire, medical, and other emergencies. The Department currently responds from five stations utilizing seven front-line engines, one staffed aerial ladder truck, one Hazardous Materials Unit, one Urban Search and Rescue Unit, two Aircraft Rescue Firefighting Units, and one Battalion Chief Command Vehicle. This purchase would replace one Type 1 Fire Engine for Station 7 that has reached the end of its useful life.
Staff recommends modifying a contract with KME to take advantage of previous pricing and vehicle specifications. KME has agreed to honor the pricing and terms and conditions of the original contract. Funding for this Type 1 Fire Engine has been included in the Fiscal Year 2022-23 Adopted Capital Improvement Budget.
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Discussion
The Santa Monica Fire Department is charged with providing fire suppression, rescue and emergency medical services to its residents and visitors 24 hours a day / 365 days a year. This is currently achieved from five fire stations with a daily staffing of thirty-five first responders. The Department replaced four front-line engines in late 2019 and has two additional engines under build with delivery expected in 2023. This engine will complete the recent replacement of all front-line engines to ensure operational standardization. An engine typically serves ten years in front-line status and then moves to reserve status for another ten years. After their twenty years of service or at the point of exceeding their useful life, the old engines are sold at auction or donated.
The front-line engine fleet of seven is supplemented with five reserve engines ranging in age from 1994 to 2010. With the purchase of this engine, the oldest 1994 engine will be removed from the fleet. It is imperative to have suitable front-line apparatus to perform day-to-day response but just as important is a reserve fleet of apparatus to replace front-line apparatus in the event of scheduled preventative maintenance, equipment failure, or strike-team deployment. Based on the Fire Department’s apparatus replacement analysis, experience and national standards, every effort is made to acquire and maintain the most reliable, functional, and efficient apparatus that meets both the current and predicted needs of the Fire Department. Reliability of the front line and reserve fire apparatus is mission critical.
The typical build time for an engine is twelve to eighteen months, with supply chain and labor shortages, the new engine will have an extended build time of up to twenty months. This delay will require an extension to the total contract to seven years, with no additional renewals or extensions.
Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.
Past Council Actions and Contract Modifications
Meeting Date Description
01/10/2017
(Attachment A)
Original bid and award of agreement with KME for the
purchase of up to 2 aerial ladder trucks and five fire engines.
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Modification Date Description
Did not require Council
Action Modification
Dated 09/25/2018
(Attachment B)
First modification to agreement with KME to provide
additional manufacturing time for the delivery of four
engines and one ladder truck
Did not require Council
Action Modification
Dated 11/07/2018
(Attachment C)
Second modification to agreement with KME to increase
the per unit cost of the apparatus. The agreement was
amended due to an update in the communications
equipment technology and associated costs and to
increase the manufacturing time.
Did not require Council
Action Modification
Dated 10/29/2021
(Attachment D)
Third modification to agreement with KME to purchase
two additional engines. The agreement was also
amended due to an increase cost of materials, an update in the communications equipment, and to add an
optional warranty.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of contract with KME for the delivery of one Type 1 fire engine.
Contract Modification Request
Agreement # Current Authorized
Amount
FY 2022-23
Increased Contract
Amount
CIP Account # Total Revised
Contract Amount
10409 $6,366,513 $405,227 C0104560.689000 $6,771,740
Prepared By: Terese Toomey, Principal Administrative Analyst Approved Forwarded to Council
Attachments:
A. KME OAKS INITIATIVE FORM
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Packet Pg. 369 Attachment: KME OAKS INITIATIVE FORM (5487 : Fourth Modification with Kovatch Mobile Equipment Corporation to purchase one Fire City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.P
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Adoption of a Resolution Establishing March 1, 2023 as the Implementation Date of the Transient Occupancy Tax Rates in Measure CS Recommended Action
Staff recommends that the City Council adopt a resolution setting the implementation date for Measure CS (increasing the City’s Transient Occupancy Tax rate by 1 percentage point for hotels and by 3 percentage points for home-shares) as March 1, 2023.
Summary
At the November 8, 2022, General Election, a majority of Santa Monica voters approved Measure CS, which increases the City’s Transient Occupancy Tax (TOT) to 15% for hotel stays and 17% for home-share stays. The vote was certified by the City Council on December 6, 2022, and per Elections Code Section 9217, the measure becomes effective 10 days later (December 16, 2022). However, to allow sufficient time for hotels, home-share platforms, and home-share properties to update their billing and reservation systems, marketing materials, and complete any other required administrative changes, staff recommends an implementation date of March 1, 2023, for the new rates. This date will coincide with the date set by Measure CS for establishment of an advisory committee whose role would be to make non-binding recommendations regarding the expenditure of the incremental funds raised by the measure.
Discussion
At the November 8, 2022, General Election, a majority (over 73%) of Santa Monica voters approved Measure CS, which amends Santa Monica Municipal Code (Code)
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Chapter 6.68 to set the Tax on Transients for Occupancy (Transient Occupancy Tax or TOT), paid by persons visiting Santa Monica for 30 days or less as a percentage of the total amount paid for room rental, at 15% for hotels and at 17% for home-shares.
This is an increase of one percentage point for hotels and three percentage points for home-shares. In addition, the approved ordinance makes minor adjustments to Chapter
6.68 of the Code to clarify existing language and align outdated sections with existing practices.
On December 6, 2022, the City Council certified that the voters approved Measure CS.
Per Elections Code Section 9217, the effective date of the amendments to the Code is 10 days after certification (December 16, 2022). However, staff recommends that collection of the additional tax would begin on March 1, 2023. This will allow time for the City to provide appropriate outreach to all businesses impacted by the rate increase, as well as allow the hotels, home-shares, and home-share platforms, such as Airbnb and Homeaway, sufficient time to make necessary changes to their billing and reservation systems, marketing materials, and other associated administrative changes.
Measure CS also calls for an advisory committee to provide non-binding recommendations for use of the additional funds generated by the new tax rates. The measure requires that the committee be established by resolution of the Council by February 28, 2023, which coincides with the recommended implementation date.
Environmental Review
This is not a project for the purpose of CEQA.
Financial Impacts & Budget Actions
Staff expects the higher TOT rates will increase General Fund revenues by approximately $1.4 million in FY 2022-23 reflecting the March 1, 2023 implementation date, and approximately $4.1 million per year in the following years.
There is no anticipated financial impact associated with the other ordinance revisions.
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Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:
A. Measure CS Resolution
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1 City Council Meeting: December 13, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING MARCH 1, 2023 AS THE
IMPLEMENTATION DATE OF THE TRANSIENT OCCUPANCY TAX RATES IN
MEASURE CS
WHEREAS, Article XI, section 5, subdivision (a) of the California Constitution gives charter cities, including the City of Santa Monica, the power to “make and enforce all ordinances and regulations in respect to municipal affairs, subject only to restrictions and limitations” contained in their own charters; and
WHEREAS, the constitutional power of charter cities to regulate their own municipal affairs has been held to include the power to tax local businesses for revenue purposes; and
WHEREAS, Revenue and Taxation Code sections 7280 et seq. authorizes cities to impose a transient occupancy tax; and
WHEREAS, Chapter 6.68 of the Santa Monica Municipal Code imposes a 14% tax on the privilege of occupancy in a hotel within the City, commonly known as the transient occupancy tax (“TOT”); and
WHEREAS, on or about June 28, 2022, the City Council of the City of Santa Monica (the “City Council”) voted in favor of placing a measure on the November 8, 2022 ballot which would increase the TOT rate an additional 1% for hotels and an additional 3% for home-shares (“Measure CS”); and
WHEREAS, a majority of voters approved Measure CS at the November 8, 2022 general election; and
5.P.a
Packet Pg. 373 Attachment: Measure CS Resolution (5494 : Resolution Establishing March 1, 2023 as the Implementation Date of the Transient Occupancy Tax 2 WHEREAS, under Elections Code section 9217, an ordinance approved by a vote of the people is deemed adopted on the date the Council certifies the election results indicating the measure received the required votes; and WHEREAS, on December 6, 2022, the City Council certified the November 8, 2022 election results, including the passing of Measure CS by a majority of voters; and WHEREAS, under the Elections Code, Measure CS would be operative on December 16, 2022; and
WHEREAS, local businesses, home-share operators, and home-sharing platforms would benefit from additional time to update their billing systems, marketing materials, and to complete other administrative changes to disclose and collect the increased TOT rates in Measure CS; and
WHEREAS, City staff would like to conduct additional outreach to local businesses, home-share operators, and home-sharing platforms to ensure a smooth transition to the new TOT rates; and
WHEREAS, implementing the TOT rates in Measure CS beginning on March 1, 2023 will provide local businesses with sufficient time to make the necessary changes to collect the new TOT tax rates and allow City staff to complete the recommended outreach.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council declares that the increased TOT rates set forth in Measure CS will be implemented on March 1, 2023.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
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Packet Pg. 374 Attachment: Measure CS Resolution (5494 : Resolution Establishing March 1, 2023 as the Implementation Date of the Transient Occupancy Tax 3 APPROVED AS TO FORM:
_________________________
Douglas Sloan
City Attorney
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Packet Pg. 375 Attachment: Measure CS Resolution (5494 : Resolution Establishing March 1, 2023 as the Implementation Date of the Transient Occupancy Tax Redevelopment Successor
Agency Report
City Council Meeting: December 13, 2022
Agenda Item: 5.Q
1 of 5
To: Redevelopment Successor Agency
From: David Martin, Director, Administration
Subject: Adoption of Resolutions Approving the Annual Recognized Obligation Payment Schedule (ROPS)
Recommended Action
Staff recommends that the Redevelopment Successor Agency:
1. Adopt a finding that the adoption of a recognized obligation payment schedule and administrative budget is not a project within the meaning of the California Environmental Quality Act (CEQA); or, alternatively, is subject to the commonsense exemption under CEQA Guideline 15061(b)(3).
2. Adopt resolutions approving the Agency’s recognized obligation payment schedule and administrative budget for July 1, 2023 through June 30, 2024.
Summary
The City of Santa Monica established the Santa Monica Redevelopment Successor Agency (Successor Agency) to assume responsibility for all Redevelopment Agency funds when the State eliminated Redevelopment Agencies in 2012. As the Successor Agency, the City must prepare and adopt an annual Recognized Obligation Payment Schedule (ROPS) and Administrative Budget and submit it to the California Department of Finance (DOF) and the Los Angeles County Auditor-Controller no later than February 1 st of each year. The DOF-approved ROPS and Administrative Budget for fiscal year 2023-24 provides the basis for the County Auditor-Controller to remit Redevelopment Property Tax Trust Funds (RPTTF) to the Successor Agency and authorize the Successor Agency to make scheduled payments for enforceable obligations for the period July 1, 2023 through June 30, 2024.
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Background
Following the elimination of Redevelopment Agencies in 2012, under California Health and Safety Code (HSC) Section 34177, the City became the Successor Agency to administer outstanding enforceable obligations and comply with necessary state regulations, and designated the City Council as the Governing Board of the Successor Agency. Additionally, Per ABX1 26, the Santa Monica Redevelopment Successor Agency Oversight Board was established to oversee certain fiscal management matters and assets of the former redevelopment agency, except for affordable housing. Per SB 107, on July 1, 2018, each of the 71 Oversight Boards in Los Angeles County were consolidated into five Consolidated Oversight Boards organized by supervisorial district.
The Third Supervisorial District Consolidated Oversight Board has jurisdiction over the Santa Monica Successor Agency. The City must submit its approved ROPS and Administrative Budget to the Third Supervisorial District Consolidated Oversight Board for approval prior to submitting it to DOF and the LA County Auditor-Controller for approval.
The ROPS identifies the former redevelopment agency’s enforceable obligations and the agency’s administrative costs. The ROPS also identifies the sources of payment for the obligations, including bond proceeds, interest income, and distributions of tax increment revenue from the State’s Redevelopment Property Tax Trust Fund (RPTTF).
Discussion
The ROPS 2023-24 includes Successor Agency enforceable obligations of $17,944,699, including an Administrative Budget of $188,500 covering July 1, 2023 to June 30, 2024. All proposed enforceable obligations have been previously listed and approved for payment on a previous ROPS. In addition, all enforceable obligations have received final and conclusive determinations from the DOF. Staff recommends that the Successor Agency adopt the proposed resolutions (Attachments A and B) authorizing the submission of the ROPS 2023-24 and Administrative Budget to both the DOF and the County Auditor-Controller.
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One of the enforceable obligations included in the ROPS, the Bank of America Term Loan, is subject to semi-annual payments based on floating interest rates. On November 21, 2014 DOF issued a letter notifying the Successor Agency of its final and conclusive approval of the Bank of America Term Loan as an enforceable obligation (Attachment C). Pursuant to an April 26, 2022 letter from Bank of America (Attachment E), the 6-month LIBOR Rate currently used to set interest payments will cease publication after June 30, 2023. Thereafter, in accordance with the Credit Agreement (Attachment D), interest will be reset at the Fed Funds rate plus 1.70%. Payments will continue to be due on January 15 and July 15 of each year. As interest rates are continuing to rise, the payments are estimated based on the actual Fed Funds rate published November 30, 2022 plus a 2 percent escalation in order to ensure sufficient funding is available to make the next payments. Should the final interest payment be less than forecasted, any excess RPTTF would be recovered through the prior period adjustment process.
Under AB 26 and SB 107, the Agency may receive an administrative cost allowance (ACA) of up to three percent of the property tax allocated to the Agency the prior fiscal year less the prior year administrative cost allowance. Furthermore, the ACA shall not exceed fifty percent of the RPTTF distributed to pay enforceable obligations in the preceding year and shall be based upon an approved Administrative Budget which justifies the ACA. Based on the estimated property tax allocation to the Successor Agency, the ACA of $188,500 is within the cap of $390,593 for fiscal year 2023-24 and is included as an enforceable obligation on the ROPS 2023-24 (see Attachment A, Exhibit 1, Item 30).
Environmental Review
The adoption of a recognized obligation payment schedule (ROPS) and administrative budget is not a project within the meaning of the California Environmental Quality Act (CEQA)(Public Resources Code section 21000 et seq.) because adoption will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; or, alternatively, adoption is subject to the common
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sense exemption under CEQA Guideline 15061(b)(3), in that it can be seen with certainty that there is no possibility that the FY 2023-24 ROPS or administrative budget will have any significant effect on the environment.
Next Steps
The Third Supervisorial District Consolidated Oversight Board (Consolidated Oversight Board), which has jurisdiction over the Santa Monica Successor Agency, is meeting on January 10, 2023 and will be asked to approve the Successor Agency’s ROPS 2023-24 and administrative budget, for the period July 1, 2023 through June 30, 2024, and authorize the transmittal to the Department of Finance for approval. The ROPS 2023- 24, as approved by the Consolidated Oversight Board, must be sent to the State Controller’s Office and the Department of Finance and posted on the Successor Agency’s website no later than February 1, 2023. The Department of Finance must make its determination regarding the ROPS 2023-24 no later than April 15, 2023.
Financial Impacts and Budget Actions
On June 1, 2023 and January 3, 2024, the Los Angeles County Auditor-Controller will transfer property taxes into the Successor Agency’s cash account from which the Agency will pay enforceable obligations listed on the approved ROPS 2023-24. Before the distributions take place, the DOF must issue a determination letter with the total RPTTF revenues to be disbursed for enforceable obligations along with a final administrative cost allowance cap amount.
Prepared By: Melissa Lindley, Principal Administrative Analyst Approved Forwarded to Council
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Attachments:
A. SA Attachment A - ROPS 23-24
B. SA Attachment B - ROPS 23-24
C. SA Attachment C - Letter from DOF
D. SA Attachment D - Credit Agreement
E. SA Attachment E - BofA Letter
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Successor Agency Meeting: December 13, 2022 Santa Monica, California RESOLUTION NO. (SA)
A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY
APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024
WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Santa Monica was dissolved as of February 1, 2012, and the City of Santa Monica elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Santa Monica (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, in the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, the oversight boards were consolidated into five consolidated oversight boards each encompassing one of the County’s five supervisorial districts; and WHEREAS, the Third Supervisorial District Consolidated Oversight Board ("Third District Consolidated Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Santa Monica; and
WHEREAS, Section 34177(a)(3) of the Health and Safety Code, as reformed by the California Supreme Court in California Redevelopment Association v. Matosantos (2011) 53 Cal. 4th 231, provides that commencing on May 1, 2012, only those payments listed in a Recognized Obligation Payment Schedule (“ROPS”) may be made by the Successor Agency from the funds specified in the ROPS; and
WHEREAS, Section 34177(o) of the Health and Safety Code requires that the Successor Agency submit an oversight board-approved ROPS to the Department of Finance (“DOF”) and
5.Q.a
Packet Pg. 381 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) County Auditor-Controller (“CAC”) no later than February 1 of each year, commencing February 1, 2016; and
WHEREAS, the Third District Consolidated Oversight Board is scheduled to hold a regular meeting on January 10, 2023; and
WHEREAS, the Third District Consolidated Oversight Board is scheduled to review and duly consider the Recognized Obligation Payment Schedule for the period July 2023 – June 2024, inclusive, attached as Exhibit 1, and other written evidence presented at the meeting, if any; and
WHEREAS, under Title 14 of the California Code of Regulations, Section 15061(b)(3), the approval of the FY 2023-24 ROPS is exempt from the requirements of the California Environmental Quality Act (“CEQA”), in that it can be seen with certainty that there is no possibility that the FY 2023-24 ROPS will have any significant effect on the environment.
NOW THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
SECTION 1. The Successor Agency hereby finds and determines that the foregoing recitals are true and correct.
SECTION 2. The Successor Agency hereby approves and adopts the Recognized Obligation Payment Schedule for the period July 2023 – June 2024, inclusive, attached hereto as Exhibit 1 (referenced hereinafter as “the Recognized Obligation Payment Schedule”).
SECTION 3. The Successor Agency authorizes the Community Development Director to:
(1) Submit the Recognized Obligation Payment Schedule to the County Auditor-Controller for review;
5.Q.a
Packet Pg. 382 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) and
(2) Submit an electronic copy of the Recognized Obligation Payment Schedule to the State Department of Finance for approval; and Designate a Successor Agency representative to respond to all questions related to the Recognized Obligation Payment Schedule; and (3) Take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution.
SECTION 4. The Secretary of the Successor Agency shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
DOUGLAS SLOAN
Successor Agency Counsel
5.Q.a
Packet Pg. 383 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Exhibit 1
Recognized Obligation Payment Schedule (ROPS 23-24)
5.Q.a
Packet Pg. 384 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Santa Monica
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ 3,300,000 $ 3,300,000 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - 3,300,000 3,300,000
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 9,118,714 $ 5,525,985 $ 14,644,699 F RPTTF 8,930,214 5,525,985 14,456,199
G Administrative RPTTF 188,500 - 188,500
H Current Period Enforceable Obligations (A+E) $ 9,118,714 $ 8,825,985 $ 17,944,699 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
5.Q.a
Packet Pg. 385 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Santa Monica
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$256,594,176 $17,944,699 $- $- $- $8,930,214 $188,500 $9,118,714 $- $- $3,300,000 $5,525,985 $- $8,825,985 1 2011
Earthquake
RDA Bonds
Bonds Issued
After 12/31/10
06/07/
2011
07/01/2042 Union
Bank
Bond
Payment
Earthquake 71,134,825 N $2,262,413 - - - 2,262,413 - $2,262,413 - - - - - $- 2 2006
Earthquake
RDA Series A
Bonds
Bonds Issued
On or Before
12/31/10
04/27/
2006
07/01/2029 Union
Bank
Bond
Payment
Earthquake 30,531,684 N $4,373,895 - - - 4,373,895 - $4,373,895 - - - - - $- 5 2011
Earthquake
RDA Bonds
(Reserve)
Reserves 06/07/
2011
07/01/2042 Union
Bank
2011
Earthquake
RDA Bonds
reserve as
required by
the bond
indenture
Earthquake - N $- - - - - - $- - - - - - $-
13 Bank of
America Term
Loan
Third-Party
Loans
05/08/
2008
07/15/2028 Bank of
America
Bank of
America Loan
Payment
Earthquake 19,746,667 N $4,516,591 - - - 2,290,606 - $2,290,606 - - - 2,225,985 - $2,225,985 24 Arizona and 4th
Notes
Miscellaneous 10/13/
2010
01/01/2042 Multiple
entities
Mixed-use
development
with public
plaza and
underground
parking
Earthquake 65,100,000 N $3,300,000 - - - - - $- - - 3,300,000 - - $3,300,000 30 Successor
Administrative
Cost Allowance
Admin Costs 02/01/
2012
06/30/2014 Successor
Agency
3%
Administration
Costs
All 4,938,500 N $188,500 - - - - 188,500 $188,500 - - - - - $- 34 Bond Trustee
Fees- 2011
Earthquake
RDA Bonds
Fees 06/07/
2011
07/01/2042 Union
Bank of
California
Annual Bond
Administrative
Fees
Earthquake 36,000 N $2,000 - - - 2,000 - $2,000 - - - - - $- 35 Bond Trustee
Fees- 2006
Earthquake
RDA Series A
Bonds
Fees 04/27/
2006
07/01/2029 Union
Bank of
California
Annual Bond
Administrative
Fees
Earthquake 6,500 N $1,300 - - - 1,300 - $1,300 - - - - - $- 40 Arizona and
4thReimbursement
Agreement
Miscellaneous 06/23/
2010
01/01/2042 City of
Santa
Monica
Mixed-use
development
with public
plaza and
underground
parking
Earthquake 65,100,000 N $3,300,000 - - - - - $- - - - 3,300,000 - $3,300,000
5.Q.a
Packet Pg. 386 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Santa Monica
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
2,262,414 829,224
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
20 7,640 33,420,623 D2 and F2 are for interest earned and return of security deposit
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
77,978 32,391,104
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
2,262,434
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required 1,029,519
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $758,886 $- F6 includes Other Funds authorized for use in future periods.
5.Q.a
Packet Pg. 387 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Santa Monica
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
1 2
5 13 Variable interest rate. Payment based on Fed Funds rate published on 11/30/2022 + 2% inflator. 24 30
34 35
40 5.Q.a
Packet Pg. 388 Attachment: SA Attachment A - ROPS 23-24 [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Successor Agency Meeting: December 13, 2022 Santa Monica, California RESOLUTION NO. ______ (SA)
A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY
APPROVING THE ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY OF THE
FORMER REDEVELOPMENT AGENCY TO THE CITY OF SANTA MONICA FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024
WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Santa Monica was dissolved as of February 1, 2012, and the City of Santa Monica elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Santa Monica (“Successor Agency”); and
WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, in the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, the oversight boards were consolidated into five consolidated oversight boards each encompassing one of the County’s five supervisorial districts; and WHEREAS, the Third Supervisorial District Consolidated Oversight Board ("Third District Consolidated Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Santa Monica; and
WHEREAS, Section 34177(j) of the Health and Safety Code, provides that the Successor Agency shall prepare an administrative budget (“Administrative Budget”) and submit it to the Oversight Board of the Successor Agency for its approval; and WHEREAS, the Administrative Budget shall include the following:
(1) Estimated amounts for successor agency administrative costs for the upcoming annual fiscal period;
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Packet Pg. 389 Attachment: SA Attachment B - ROPS 23-24 (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (2) Proposed sources of payment for the costs identified in subparagraph (1); (3) Proposals for arrangements for administrative and operations services provided by a city, county, city and county, or other entity; and
WHEREAS, on February 2, 2012, the Successor Agency approved a Reimbursement Agreement by and between the City of Santa Monica and Successor Agency, Contract No. 9549 (CCS/RAS/SA), in accordance with Section 34171(d)(1)(F) of the California Health and Safety Code; and
WHEREAS, Section 34177(k) of the California Health and Safety Code requires the Successor Agency to provide administrative cost estimates, from its approved Administrative Budget, that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the Los Angeles County Auditor-Controller for each six-month fiscal period; and
WHEREAS, under Title 14 of the California Code of Regulations, Section 15061(b)(3), the approval of the Administrative Budget is exempt from the requirements of the California Environmental Quality Act (“CEQA”), in that it is not a project as the adoption of the Administrative Budget will not have the potential of causing a significant environmental effect and it can be seen with certainty that there is no possibility that the adoption of the Administrative Budget will have any significant effect on the environment; and
WHEREAS, the Third District Consolidated Oversight Board is scheduled to hold a regular meeting on January 10, 2023; and
WHEREAS, the Third District Consolidated Oversight Board is schedule to review and duly considered the Administrative Budget for the period July 2023 – June 2024, inclusive, attached as Exhibit 1, and other written evidence presented at the meeting.
5.Q.b
Packet Pg. 390 Attachment: SA Attachment B - ROPS 23-24 (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
NOW THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
SECTION 1. The Successor Agency hereby finds and determines that the foregoing recitals are true and correct.
SECTION 2. The Successor Agency hereby approves and adopts the Administrative Budget for the period July 2023 – June 2024, inclusive, attached hereto as Exhibit 1.
SECTION 3. The Successor Agency authorizes the Community Development Director to:
(1) Provide an administrative cost estimate to the County Auditor-Controller for the period July 2023 – June 2024, inclusive, based upon the approved Administrative Budget; and
(2) Submit the Administrative Budget to the Department of Finance; and (3) Take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution and to implement the Administrative Budget on behalf of the Successor Agency.
SECTION 4. The Secretary of the Successor Agency shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________________
DOUGLAS SLOAN
Successor Agency Counsel
5.Q.b
Packet Pg. 391 Attachment: SA Attachment B - ROPS 23-24 (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Exhibit 1
Successor Agency Administrative Budget
July 1, 2023 to June 30, 2024
Department/Responsibilities Budget
Community
Development
Oversees Successor Agency, prepares ROPS, PPA and acts as liaison to the Consolidated Oversight Board, Department of Finance, and County Auditor‐Controller. Works with Finance to facilitate payments of enforceable obligations and maintain records of Successor Agency.
$ 83,700
Finance Department Processes Successor Agency payments for enforceable obligations, records accounting, oversees financial audit.
$ 62,500
City Attorney's Office Legal review of all Successor Agency actions, staff reports, resolutions, and reporting obligations. Attends Successor Agency and Oversight Board meetings.
$ 7,300
Records and Elections
Services Department
Facilitates Successor Agency meetings, agendas, and minutes. 6,0 $ 00 Staffing Budget $ 159,500
Supplies and Expenses
Financial Consulting Services 8,000 $
Audit Services $ 9,000
Insurance $ 7,000
Computer Equipment/Software 5,000 $
Supplies and Expenses Budget 29,000 $
Total Budget $ 188,500
SUCCESSOR AGENCY ADMINISTRATIVE BUDGET
July 1, 2023 to June 30, 2024
5.Q.b
Packet Pg. 392 Attachment: SA Attachment B - ROPS 23-24 (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Attachment C
November 21, 2014 letter from the California Department of Finance
5.Q.c
Packet Pg. 393 Attachment: SA Attachment C - Letter from DOF (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
5.Q.c
Packet Pg. 394 Attachment: SA Attachment C - Letter from DOF (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
5.Q.c
Packet Pg. 395 Attachment: SA Attachment C - Letter from DOF (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Attachment D
May 1, 2008 Credit Agreement with Bank of America
5.Q.d
Packet Pg. 396 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
CREDIT AGREEMENT
This Agreement dated as of May 1, 2008, is between Bank of America, N.A. (the "Bank") and the Redevelopment Agency of the City of Santa Monica, a public body corporate and politic (the "Borrower'').
1. LINE OF CREDIT; AMOUNT AND TERMS
1.1 Line of Credit.
(a) During the availability period described below, the Bank will provide a line of credit (the "Line of Credit") to the Borrower. The amount of the Line of Credit ("Commitment") is Fifty Million Dollars ($50,000,000.00). (b) At any time during the availability period, Borrower may request that the initial Commitment be increased to a total Commitment of up to $75,000,000, which is the maximum commitment amount under this Agreement.
Such request of the Borrower must be in the form attached hereto as Exhibit "B" and must be accompanied by the most recent financial information of Borrower set forth in Sections 8.2(a) and (b). Within thirty (30) days following the receipt of such request and accompanying information, and receipt of such other information as the Bank may reasonably request, the Bank shall send written notice to Borrower of its election to increase or not increase the Commitment; provided, that if the Bank fails to send such notice, the Bank shall be deemed to have denied the requested increase.
Any increase to the Commitment is subject to, but not limited to, the conditions that (i) On or before the date the increased Commitment becomes available, Borrower shall pay an additional loan fee equal to .05% of the amount of the increase to the Commitment;
(ii) Borrower and Lender shall enter into an Amendment to Credit Agreement in the form attached hereto as Exhibit "C";
(iii) No Event of Default (as defined in Section 9 of this Agreement) or event which with the passage of time, the giving of notice or both, would constitute an Event of Default has occurred and is continuing under this Agreement;
(iv) No Material Adverse Change has occurred; and
(v) No litigation or governmental action that purports to have a Material Adverse Change shall have occurred and be continuing.
For purposes of this Agreement, the terms "Material Adverse Change" and "Material Adverse Effect" have the following meanings:
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Packet Pg. 397 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) "Material Adverse Change" shall mean the occurrence of any event or change resulting in a material and adverse change in the business, financial condition or operations of the Borrower with respect to the Project Area that materially and adversely affects the ability of the Borrower to collect sufficient Pledged Revenues to pay its obligations hereunder and under any other Parity Debt when due or which materially and adversely affects the enforceability of this Agreement or the ability of the Borrower to perform its obligations hereunder.
"Material Adverse Effect" means a materially adverse effect on the Borrower's ability to collect sufficient Pledged Revenues to pay its obligations hereunder and under any other Parity Debt when due or on the Borrower's ability to perform its obligations under this Agreement.
(c) At any time after May 1, 2009, the Borrower may elect to reduce the Commitment by giving the Bank at least 10 Business Days written notice of such election specifying the amount of the Commitment to be maintained and the date on which the Commitment will be reduced.
(d) This is a revolving Line of Credit solely to provide financing for housing activities eligible for funding from the Borrower's Low and Moderate Income Housing Fund funded from the Earthquake Recovery Redevelopment Project Area (the "Project").
During the availability period, Borrower may repay and reborrow principal amounts repaid; provided, that the outstanding principal amount may not exceed the amount of the Commitment at any time; provided that the Commitment shall be reduced by any amounts that are converted to Term Loans.
(e) Each advance of the Commitment (each an "Advance") shall be subject to all of the conditions set forth in Section 6.
1.2 Availability Period.
(a) Initial Expiration Date. The Line of Credit is available between the date of this Agreement and June 1, 2013 (the "Availability Period") or such earlier date as the availability may terminate as provided in this Agreement or such later date if the Line of Credit is extended pursuant to Section 1.2(b) (the "Expiration Date"). (b) Extensions. On any date on or after March 1, 201 0 and at least one year prior to the Expiration Date then in effect and not more frequently than once per year, the Borrower may request a one, two or three-year extension of the Availability Period and the Expiration Date; provided, that (i) the Availability Period may not exceed five years from the date the extension is requested and (ii) the Availability Period may not be extended beyond June 1, 2016 and the Expiration Date may not be extended beyond June 1, 2031. Such request must be in writing and must be accompanied by the following:
(i) Annual cash flow projections for the Borrower for the proposed extension period, together with the assumptions made in preparation of such cash flow projections; (ii) The most recent Five-Year Implementation Plan for the Earthquake Recovery Redevelopment Project Area (the "Project Area"); -2- 5/13/08
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Packet Pg. 398 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (iii) The most recent fiscal consultant's report with respect to the Project Area; (iv) The most recent Annual Report and any other disclosure provided by the Borrower pursuant to the Continuing Disclosure Certificate dated April 27, 2006 (the "Continuing Disclosure Certificate") with respect to the Borrower's Senior Debt; and (v) Most recently available audited annual financial statements.
Within thirty (30) days following the Bank's receipt of the foregoing and any other documents and information reasonably requested by the Bank, the Bank shall send written notice to Borrower of its election to extend or not to extend the Expiration Date; provided, that if the Bank fails to send such notice, the Bank shall be deemed to have denied the requested extension.
Any extension is subject to, but not limited to, the conditions that:
(A) No Event of Default or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default has occurred and is continuing under this Agreement;
(B) No Material Adverse Change has occurred with respect to the Borrower; and
(C) No litigation or governmental action that purports to have a Material Adverse Change on the Borrower shall have occurred and be continuing.
1.3 Prime Rate Defined. The Prime Rate is the rate of interest publicly announced frorn time to time by the Bank as its Prime Rate. The Prime Rate is set by the Bank based on various factors, including the Bank's costs and desired return, general economic conditions and other factors, and is used as a reference point for pricing some loans. The Bank may price loans to its customers at, above, or below the Prime Rate. Any change in the Prime Rate shall take effect at the opening of business on the day specified in the public announcement of a change in the Bank's Prime Rate.
1.4 Interest Rate; Optional Interest Rates. Unless the Borrower elects one of the optional interest rates described below, the interest rate is a rate per year equal to (i) during the Availability Period, the LIBOR Rate plus .55% for a one-month period and (ii) during the TermOut Period, the LIBOR Rate plus 1.25% for a one-month period. The optional interest rates shall be subject to the terms and conditions described later in this Agreement. Any principal amount bearing interest at an optional rate under this Agreement is referred to as a "Portion." The following optional interest rates are available:
(a) During the Availability Period, (i) the Prime Rate less 2.0%; (ii) the LIBOR Rate plus .55% during interest periods elected by Borrower pursuant to Section 2.2 below; and (iii) the IBOR Rate plus .55% during the interest periods elected by Borrower pursuant to Section 2.3 below; or, at the Borrower's election and upon delivery of an opinion of nationally recognized bond counsel in form and content acceptable to Bank, Borrower may elect a tax-exempt rate equal to 62.347% of the LIBOR Rate plus 1.47% or the 62.347% of the Prime Rate less 0.12%; and
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Packet Pg. 399 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (b) During the Term-Out Period, (i) the Prime Rate less 1.30%; (ii) the LIBOR Rate plus 1.25% during interest periods elected by Borrower pursuant to Section 2.2 below; and (iii) the IBOR Rate plus 1.25% during the interest periods elected by Borrower pursuant to Section 2.3 below; or, at the Borrower's election and upon delivery of an opinion of nationally recognized bond counsel in form and content acceptable to Bank, Borrower may elect a tax-exempt rate equal to 62.347% of the LIBOR Rate in effect on the Conversion Date (as defined below) plus 1.91% or 62.347% of the Prime Rate plus .32%.
(c) In the event that the Borrower's long-term rating for the Senior Debt for the Project Area is reduced below BBB+ by Standard & Poor's Rating Service or below BBB+/Baa1/BBB+ by any two of Standard & Poor's Rating Service, Moody's Investors Service or Fitch Ratings, respectively, the interest rate during the Availability Period will be increased to the Prime Rate less 1.75% or.80% over the LIBOR Rate or IBOR Rate, as applicable, or for loans bearing interest at a tax-exempt rate, 62.347% of the LIBOR Rate plus 1.63% or 62.347% of the Prime Rate plus 0.04% and the interest rate for Term Loans will be increased to the Prime Rate less 1.00% or 1.55% over the LIBOR Rate or IBOR Rate, as applicable or for loans bearing interest at a tax-exempt rate, 62.347% of the LIBOR Rate plus 2.10% or 62.347% of the Prime Rate plus 0.51%. Notwithstanding the foregoing, the Borrower shall have the right to obtain from the above-referenced rating agencies, a rating with respect to the Pledged Revenues, which if rated BBB+ from Standard & Poor's or BBB+/Baa1/BBB+ by any two of such rating agencies shall restore the spread over the Prime Rate, the LIBOR Rate or IBOR Rate during the Availability and the Term-Out Period to the prior rate before the downgrade by such rating agencies.
(d) In the event LIBOR rates are not available pursuant to Section 2.2(g) or
2.3(f), the Borrower may elect a Fed Funds Rate pursuant to Section 2.4.
1.5 Repayment Terms.
(a) Interest Payments. Interest shall accrue from the date the Portion is advanced to the Borrower and shall be paid in arrears commencing on July 1, 2008 and quarterly thereafter; provided, that with respect to Portions, the Borrower will pay interest on the final day of the interest period for each Portion with an interest period of less than 90 days, and if the interest period applicable to any Portion is 90 days or more, the Borrower shall pay interest quarterly and on the final day of the applicable interest period. In all cases, interest shall be paid on all outstanding amounts until payment in full of any principal outstanding under the Line of Credit. Interest shall be calculated on the basis of a 360-day year and actual days elapsed.
(b) Principal Repayment.
(i) Except as provided in subsections (ii) and (iii) below, the Borrower will repay in full all remaining principal and any unpaid interest or other charges outstanding under the Line of Credit no later than the Expiration Date (the "Line of Credit Maturity Date"). Any interest period for a LIBOR-based interest rate (as described below) shall expire no later than the Line of Credit Maturity Date. -4- 5/13/08
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Packet Pg. 400 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (ii) To the extent that Borrower receives cash proceeds from the sale or refinance of any Borrower owned asset financed with the proceeds of the Line of Credit and such cash proceeds are not reinvested in the Project within 180 days upon such sale or refinance, Borrower shall repay a portion of the outstanding principal amount of the Line of Credit on the last day of next Interest Rate Period for Advances bearing interest at a LIBOR Rate or IBOR Rate or on the first day of the next succeeding month for Advances bearing interest at the Prime Rate.
(iii) (A) Term-Out Period. At any time during the Availability Period, subject to the conditions set forth below, the Borrower may elect to convert all or a portion of the outstanding principal amount .of the Line of Credit to a permanent loan with a maturity date the earlier of (a) fifteen years plus the remaining term of the Availability Period and (b) fifteen years after the end of the Availability Period (the "Term-Out Maturity Date").
The period between the Conversion Date and the Term-Out Maturity Date for each amount so converted is referred to as the "Term-Out Period." Each amount so converted is referred to as a "Term Loan."
(B) Payment during Term-Out Period. During the Term-Out Period, the Borrower shall make equal semi-annual payments of principal plus accrued interest with respect to each Term Loan on January 15 and July 15 of each year, and the Borrower will repay in full all remaining principal and any unpaid interest or other charges outstanding with respect to each Term Loan no later than Term-Out Maturity Date. (C) Conversion to Term-Out Period. Upon not less than ten days written notice to Lender in the form attached hereto as Exhibit "D", Borrower may elect to convert not less than $5,000,000 of the outstanding principal of the Line of Credit to a Term Loan. The conversion notice shall include the amount to be converted to a Term Loan and the date upon which the amount is to be converted (the "Conversion Date").
Any conversion is subject to, but not limited to, the conditions that:
(1) No Event of Default or event which with the passage of time and giving notice, or both, would constitute an Event of Default has occurred and is continuing under this Agreement;
(2) The Conversion Date shall be the last day of all Portions that are to be converted to a Term Loan on such date; and
(3) Upon each conversion, the Commitment available to be drawn down by Borrower shall be reduced by the amount of such Term Loan.
(c) Notice of Amount Due. At least 5 business days prior to each interest or principal payment date, the Bank shall provide the Borrower with written notice containing a calculation of the principal and interest due on each Portion on such date.
2. OPTIONAL INTEREST RATES
2.1 Optional Rates. Each optional interest rate is a rate per year. Interest will be paid as provided in Section 1.4. At the end of any interest period, the Borrower shall be -5- 5/13/08
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Packet Pg. 401 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) deemed to have elected for the Portion a new interest rate based on the same optional interest rate program for a one-month period, unless the Borrower provides different instructions to Lender at least three days prior to the end of such interest period if Borrower elects a LIBORbased interest rate or at least one Business Day prior to the end of such interest period if Borrower elects an IBOR-based interest rate or a Prime Rate-based interest rate. No Portion will be converted to a different interest rate during the applicable interest period.
2.2 LIBOR Rate. The election of LIBOR Rates shall be subject to the following terms and requirements:
(a) The interest period during which the LIBOR Rate will be in effect will be one week, or one, three or six months as selected by Borrower. The first day of the interest period must be a day other than a Saturday or a Sunday on which the Bank is open for business in New York and London and dealing in offshore dollars (a "LIBOR Banking Day"). The last day of the interest period and the actual number of days during the interest period will be determined by the Bank using the practices of the London inter-bank market.
(b) Each LIB OR Rate Portion will be for an amount not less than Five Hundred Thousand Dollars ($500,000).
(c) The "LIBOR Rate" means the interest rate determined by the following formula, rounded upward to the nearest 1/100 of one percent. (All amounts in the calculation will be determined by the Bank as of the first day of the interest period.) Where,
LIBOR Rate= London Inter-Bank Offered Rate
(1.00- Reserve Percentage)
(i) "London Inter-Bank Offered Rate" means the average per annum interest rate at which U.S. dollar deposits would be offered for the applicable interest period by major banks in the London inter-bank market, as shown on the Telerate Page 3750 (or any successor page) at approximately 11:00 a.m.
London time two (2) London Banking Days before the commencement of the interest period. If such rate does not appear on the Telerate Page 3750 (or any successor page), the rate for that interest period will be determined by such alternate method as reasonably selected by Bank. A "London Banking Day" is a day on which the Bank's London Banking Center is open for business and dealing in offshore dollars.
(ii) "Reserve Percentage" means the total of the maximum reserve percentages for determining the reserves to be maintained by member banks of the Federal Reserve System for Eurocurrency Liabilities, as defined in Federal Reserve Board Regulation D, rounded upward to the nearest 1/100 of one percent. The percentage will be expressed as a decimal, and will include, but not be limited to, marginal, emergency, supplemental, special, and other reserve percentages.
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Packet Pg. 402 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (d) The Borrower shall irrevocably request a LIBOR Rate Portion no later than 12:00 noon Los Angeles time on the LIBOR Banking Day preceding the day on which the London Inter-Bank Offered Rate will be set, as specified above. For example, if there are no intervening holidays or weekend days in any of the relevant locations, the request must be made at least three days before the LIBOR Rate takes effect. (e) Each prepayment of a LIBOR Rate Portion, whether voluntary, by reason of acceleration or otherwise, will be accompanied by the amount of accrued interest on the amount prepaid and a prepayment fee as described below. A "prepayment" is a payment of an amount on a date earlier than the scheduled payment date for such amount as required by this Agreement.
(f) The prepayment fee shall be equal to the amount (if any) by which:
(i) The additional interest which would have been payable during the interest period on the amount prepaid had it not been prepaid, exceeds (ii) The interest which would have been recoverable by the Bank by placing the amount prepaid on deposit in the domestic certificate of deposit market, the Eurodollar deposit market, or other appropriate money market selected by the Bank and communicated to the Borrower, for a period starting on the date on which it was prepaid and ending on the last day of the interest period for such Portion (or the scheduled payment date for the amount prepaid, if earlier).
(g) The Bank will have no obligation to accept an election for a LIBOR Rate Portion if any of the following described events has occurred and is continuing:
(i) Dollar deposits in the principal amount, and for periods equal to the interest period, of a LIBOR Rate Portion are not available in the London interbank market; or (ii) The LIBOR Rate does not accurately reflect the cost of a LIBOR Rate Portion.
2.3 IBOR Rate. The election of IBOR Rates shall be subject to the following terms and requirements:
(a) The interest period during which the IBOR Rate will be in effect will be from one to fourteen days, one week, or one, three or six months. The last day of the interest period will be determined by the Bank using the practices of the offshore dollar inter -bank market.
(b) Each IBOR Rate Portion will be for an amount not less than One Hundred Thousand Dollars ($100,000).
(c) The "IBOR Rate" means the interest rate determined by the following formula, rounded upward to the nearest 1/100 of one percent. (All amounts in the calculation will be determined by the Bank as of the first day of the interest period.) -7- 5/13/08
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Packet Pg. 403 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) IBOR Rate= IBOR Base Rate
(1.00- Reserve Percentage)
Where,
(i) "IBOR Base Rate" means the interest rate at which the Bank's Grand Cayman Banking Center, Grand Cayman, British West Indies, would offer U.S. dollar deposits for the applicable interest period to other major banks in the offshore dollar inter-bank market.
(ii) "Reserve Percentage" means the total of the maximum reserve percentages for determining the reserves to be maintained by member banks of the Federal Reserve System for Eurocurrency Liabilities, as defined in Federal Reserve Board Regulation D, rounded upward to the nearest 1/100 of one percent. The percentage will be expressed as a decimal, and will include, but not be limited to, marginal, emergency, supplemental, special, and other reserve percentages.
(d) Each prepayment of an IBOR Rate Portion, whether voluntary, by reason of acceleration or otheJWise, will be accompanied by the amount of accrued interest on the amount prepaid, and a prepayment fee as described below. A "prepayment" is a payment of an amount on a date earlier than the scheduled payment date for such amount as required by this Agreement.
(e) The prepayment fee shall be equal to the amount (if any) by which:
(i) The additional interest which would have been payable during the interest period on the amount prepaid had it not been prepaid, exceeds (ii) The interest which would have been recoverable by the Bank by placing the amount prepaid on deposit in the domestic certificate of deposit market, the Eurodollar deposit market, or other appropriate money market selected by the Bank and communicated to the Borrower for a period starting on the date on which it was prepaid and ending on the last day of the interest period for such Portion (or the scheduled payment date for the amount prepaid, if earlier).
(f) The Bank will have no obligation to accept an election for an IBOR Rate Portion if any of the following described events has occurred and is continuing:
(i) Dollar deposits in the principal amount, and for periods equal to the interest period, of an IBOR Rate Portion are not available in the offshore dollar inter-bank market; or
(ii) The IBOR Rate does not accurately reflect the cost of an IBOR Rate Portion.
2.4 "Fed Funds Rate" shall mean the arithmetic average of the rates of interest asked by two (2) New York Federal funds traders for the purchase of Federal funds, multiplied by the quotient of 365 divided by 360, (a) plus 1.00% during the Availability Period, and (b) plus -8- 5/13/08
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Packet Pg. 404 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
1.70% during the Term-Out Period. The rate will be determined by the Bank, and will be rounded to the nearest 1/100 of one percent. The Federal funds traders will be selected by the Bank at approximately 10:00 a.m., and will be of recognized standing. For days on which banks in New York (or any other location relevant to this Agreement) are required or permitted to be closed, the applicable interest rate will be the rate for the next preceding banking day.
3. FEES AND EXPENSES
3.1 Fees.
(a) Loan Fee. The Borrower agrees to pay a loan fee of Twenty Five Thousand Dollars ($25,000) on the Effective Date, which fee shall be deemed earned by the Bank and shall be nonrefundable. If the Commitment is increased pursuant to Section 1.1 (b), Borrower shall pay an additional Joan fee equal to .05% of the amount of the increase to the Commitment as provided in Section 1.1 (b). (b) Unused Commitment Fee. During the availability period described in Section 1.2, the Borrower shall pay an annual fee on any difference between the amount of the Commitment and the aggregate amount of credit it actually uses, determined by the average of the daily amount of credit outstanding during the specified period, calculated at .30% per annum. Such fee shall be payable quarterly in arrears commencing on July 1 , 2008 with the final payment due on the Expiration Date, as such date may be extended. If Borrower elects to reduce the Commitment as provided in Section 1.1 (c), the unused Commitment fee shall be reduced to .30% of the unused Commitment as of the date of such reduction.
The Bank shall provide written notice to the Borrower of amount due pursuant to this subsection at least 5 business days in advance of each payment date.
In the event that the Borrower's long-term rating for the Senior Debt for the Project Area is reduced below BBB+ by Standard & Poor's Rating Service or BBB+/Baa1/BBB+ by any two of Standard & Poor's Rating Service, Moody's Investor Service or Fitch Ratings, respectively, the unused commitment fee will be calculated at .40% per annum; provided, however, the Borrower shall have the right to obtain from the abovereferenced rating agencies, a rating with respect to the Pledged Revenues, which if rated BBB+ by Standard & Poor's Rating Service or BBB+/Baa1/BBB+ by any two of such rating agencies shall restore the unused Commitment fee to .30% per annum. (c) Waiver Fee. If the Bank, at its discretion, agrees to waive or amend any terms of this Agreement, the Borrower will, at the Bank's option, pay the Bank a fee for each waiver or amendment in an amount advised by the Bank at the time the Borrower requests the waiver or amendment for Bank's reasonable legal and administrative costs in processing such waiver or amendment. Nothing in this paragraph shall imply that the Bank is obligated to agree to any waiver or amendment requested by the Borrower. The Bank may impose additional requirements as a condition to any waiver or amendment. (d) Late Fee. To the extent permitted by Jaw, the Borrower agrees to pay a late fee in an amount not to exceed four percent (4%) of any payment that is more than -9- 5/13/08
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Packet Pg. 405 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) five (5) days late. The imposition and payment of a late fee shall not constitute a waiver of the Bank's rights with respect to the default.
3.2 Expenses. In connection with the negotiation, execution and delivery of this Agreement, the Borrower shall pay to Kathleen Johnson, Esq., counsel for the Bank, $ __ .
The Borrower shall also pay (a) all reasonable out-of-pocket expenses of the Bank, including reasonable fees and expenses of counsel retained by the Bank in connection with any waiver or consent hereunder or any amendment hereof or thereof, {b) if any Event of Default occurs or an event which with the passage of time, the giving of notice or both would constitute an Event of Default, all out-of-pocket expenses incurred by the Bank, including the fees and disbursements of counsel and experts retained by the Bank in connection with such event and collection and other enforcement proceedings resulting therefrom and (c) all costs associated with any performance of, or any payment made under, this Agreement, or any amendment hereto.
4. SECURITY FOR THE LINE OF CREDIT
4.1 Pledge of Revenues. The Borrower's obligation to make payments pursuant to the Line of Credit established pursuant to this Agreement is a special limited obligation of the Borrower payable from and secured solely by a pledge of and security interest in and to all of the Pledged Revenues, subordinate only to the first priority pledge of the tax increment revenues from the Project Area to secure the Senior Debt outstanding as of the date of this Agreement and any Senior Parity Debt issued pursuant to the terms of the Senior Indenture.
Pursuant to Section 33671.5 of the Redevelopment Law, the pledge of the Pledged Revenues hereunder and the lien thereon shall be subject in all respects to the prior liens, claim and charge thereon of any Senior Debt now or hereafter issued or refunded in accordance with the terms hereof. The Bank acknowledges that to the extent Pledged Revenues constitute Tax Revenues, such monies are only available to the extent such Tax Revenues are released as surplus from the Special Fund established pursuant to the Senior Indenture. Except for the Pledged Revenues, no other funds or properties of the Borrower shall be pledged to or otherwise liable for payments with respect to the Line of Credit. The Borrower shall allocate Pledged Revenues FIRST, to the payment of the principal and interest or other payments then due with respect to the existing Senior Debt and Senior Parity Debt, SECOND, to the payment of the principal and interest or other payments then due with respect to the Line of Credit and any Subordinate Parity Debt on a pari passu basis, and, only after all principal and interest then due with respect to the Senior Debt and Senior Parity Debt, the Line of Credit and Subordinate Parity Debt have been paid, then to the payment of administrative expenses and other obligations of the Borrower. The pledge and allocation of Pledged Revenues hereunder is for the exclusive benefit of the Bank and shall be irrevocable until all principal, interest and other sums owed by the Borrower to the Bank have been paid in full.
4.2 Defined Terms.
For purposes of this Agreement, unless otherwise defined in this Agreement, the following terms shall have the following meanings:
"Low and Moderate Income Housing Fund" means the Low and Moderate Income Housing Fund maintained by the Borrower in accordance with Section 33334.3 of the Redevelopment Law.
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Packet Pg. 406 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) "Low and Moderate Income Housing Tax Revenues" means the portion of Tax Revenues derived from the Redevelopment Plan required by Section 33334.2, 33334.3 and 33334.6 of the Redevelopment Law to be deposited in the Low and Moderate Income Housing Fund.
"Pledged Revenues" means that portion of Low and Moderate Income Housing Tax Revenues derived from the Redevelopment Plan received by the Agency with respect to the Project Area, and, with respect to any portion thereof comprising Tax Revenues, subject to the prior lien of the Senior Debt.
""Redevelopment Law" means the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the California Health and Safety Code, and the acts amendatory thereof and supplemental thereto.
"Redevelopment Plan" means the Redevelopment Plan for the project designated as the "Santa Monica Earthquake Recovery Redevelopment Project", approved by Ordinance No. 1747 of the City Council of the City of Santa Monica, adopted on June 21, 1994, together with any amendments thereof heretofore or hereafter duly enacted pursuant to the Redevelopment Law.
"Senior Debt" means the Borrower's $49,945,000 2006 Tax Allocation Refunding Bonds, Series A and the Borrower's $14,775,000 2006 Taxable Tax Allocation Refunding Bonds, Series B, to the extent such obligations are outstanding as of the date of this Agreement and any other obligations under the Senior Indenture with respect thereto which are secured thereunder by the Tax Revenues, and any debt issued on a parity therewith in accordance with the provisions of the Senior Indenture or any refunding thereof.
"Senior Indenture" means the Indenture of Trust dated as of April 1, 2006 between the Borrower and Union Bank of California, N.A., as trustee (the 'Trustee"), and the First Supplement to Indenture of Trust dated as of April 1, 2006 between the Borrower and the Trustee or, in the event the Senior Indenture is defeased, the instrument pursuant to which the Special Fund (as defined in the Senior Indenture for Senior Debt is maintained. "Subordinate Parity Debt" means any obligation of the Borrower payable from and secured by a lien on the Pledged Revenues on a parity herewith. "Tax Revenues" shall have the meaning set forth in the Senior Indenture.
5. DISBURSEMENTS. PAYMENTS AND COSTS
5.1 Disbursements and Payments.
(a) Each payment by the Borrower will be made at the Bank's banking center (or other location) selected by the Bank from time to time; and will be made in immediately available funds, or such other type of funds selected by the Bank. -11- 5/13108
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Packet Pg. 407 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (b) Each request for an Advance shall be made in writing in the form of the requisition attached hereto as Exhibit "A" (an "Advance Request") signed by an individual identified in a certificate delivered to the Bank specifying the authorized representatives of the Borrower (each an "Authorized Representative"). Each disbursement by the Bank and each payment by the Borrower will be evidenced by records kept by the Bank. In addition, the Bank may, if required by any statute or regulation applicable to all national banks or a class of all national banks, require the Borrower to sign one or more promissory notes with terms consistent with this Agreement.
5.2 Telephone and Telefax Authorization for LIBOR-Based and IBOR-Based Portions.
(a) In connection with the expiration of any LIBOR-based or IBOR-based Portion and the selection by the Borrower of the interest rate that will apply to such Portion following expiration, the Bank may honor telephone or telefax instructions for advances or repayments or for the designation of LIBOR-based or IBOR-based interests given, or purported to be given, by an Authorized Representative, or any other individual designated by any one of such authorized signers. Each request shall be confirmed in writing and shall confirm the information for the Advance required by Section 5.2(b ). (b) Any request for an Advance, including the initial Advance under this Agreement, received by Noon on a business day will be funded by the Bank by 11:00 a.m. on (i) the third Business Day thereafter if such Advance will bear interest at the LIBOR Rate or (ii) on the next succeeding Business Day if such Advance will bear interest at the Prime Rate or the IBOR Rate. Each Advance Request given pursuant to Section 5.1 and each instruction regarding the rollover of LIBOR-based or IBOR-based Portions must include the Borrower's election of the interest rate to apply to such Advance or LIBOR-based or IBOR-based Portion, but if no election is made, the Advance or LIBOR-based or IBOR-based Portion will bear interest at a rate based on the Prime Rate until another interest rate election is made by the Borrower. If the Borrower selects an interest rate based on the LIBOR Rate, the request for Advance must be made no later than the date the Borrower must make its interest rate election under Section 2.2(d).
(c) Advances will be deposited in the account designated to the Bank by the Borrower in writing.
(d) The Borrower will indemnify and hold the Bank harmless from all liability, loss, and costs in connection with any act resulting from telephone or telefax instructions the Bank reasonably believes are made by any individual authorized by the Borrower to give such instructions. This paragraph will survive this Agreement's termination, and will benefit the Bank and its officers, employees, and agents. (e) In connection with each Advance, the Borrower shall certify to the Bank that the amount of the Advance requested plus all amounts then outstanding under the Line of Credit are equal to or less than the Annual Principal Cap set forth in the certificate of Borrower delivered pursuant to Section 8.2(d) on the immediately preceding -12- 5/13/08
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Packet Pg. 408 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) March 15
' or as then certified in accordance with Section 8.2(d) and accompanied by the most recent information available as described in Section 8.2(a).
5.3 Banking Days. Unless otherwise provided in this Agreement, a banking day is a day other than a Saturday, Sunday or other day on which commercial banks are authorized to close, or are in fact closed, in the state where the Bank's lending office is located, and, if such day relates to amounts bearing interest at an offshore rate (if any), means any such day on which dealings in dollar deposits are conducted among banks in the offshore dollar interbank market. All payments and disbursements which would be due on a day which is not a banking day will be due on the next banking day. All payments received on a day which is not a banking day will be applied to the credit on the next banking day.
5.4 Taxes.
(a) Taxes. Any and all payment to the Bank by the Borrower hereunder shall be made free and clear of and without deduction for any and all taxes, levies, imposts, deductions, charges, withholdings or liabilities imposed thereon, excluding, however, taxes imposed thereon or measured by the net income or capital of the Bank by any jurisdiction or any political subdivision or taxing authority thereof or therein solely as a result of a connection between the Bank and such jurisdiction or political subdivision (all such non-excluded taxes, levies, imposts, deductions, charges, withholdings and liabilities being hereinafter referred to as "Taxes"). If the Borrower shall be required by law to withhold or deduct any Taxes imposed by the United States or any political subdivision thereof from or in respect of any sum payable hereunder to the Bank, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 5.4 ), the Bank receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions and (iii) the Borrower shall pay the full amount deducted to the relevant taxation authority or other authority in accordance with applicable law. If the Borrower shall make any payment under this Section 5.4 to or for the benefit of the Bank with respect to Taxes and if the Bank shall claim any credit or deduction for such Taxes against any other taxes payable by the Bank to any taxing jurisdiction in the United States then the Bank shall pay to the Borrower an amount equal to the amount by which such other taxes are actually reduced; provided that the aggregate amount payable by the Bank pursuant to this sentence shall not exceed the aggregate amount previously paid by the Bank pursuant to this sentence shall not exceed the aggregate amount previously paid by the Borrower with respect to such Taxes. In addition, the Borrower agrees to pay any present or future stamp, recording or documentary taxes and any other excise or property taxes, charges or similar levies that arise under the laws of the United States of America or the State of New York from any payment made hereunder or from the execution or delivery or otherwise with respect to this Agreement (hereinafter referred to as "Other Taxes"). The Bank shall provide to the Borrower within a reasonable time a copy of any written notification it receives with respect to Other Taxes owing by the Borrower to the Bank hereunder provided that the Bank's failure to send such notice shall not relieve the Borrower of its obligation to pay such amounts hereunder. (b) Indemnity. The Borrower shall, to the fullest extent permitted by law, indemnify the Bank for the full amount of Taxes and Other Taxes including any Taxes or Other Taxes imposed by any jurisdiction on amounts payable under this Section 5.4 paid -13-
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Packet Pg. 409 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) by the Bank or any liability (including penalties, interest and expenses) arising therefrom or with respect thereto, whether or not such Taxes or Other Taxes were correctly or legally asserted; provided that the Borrower shall not be obligated to indemnify the Bank for any penalties, interest or expenses relating to Taxes or Other Taxes arising from the Bank's gross negligence or willful misconduct. The Bank agrees to give notice to the Borrower of the assertion of any claim against the Bank relating to such Taxes or Other Taxes as promptly as is practicable after being notified of such assertion; provided that the Bank's failure to notify the Borrower promptly of such assertion shall not relieve the Borrower of its obligation under this Section 5.4. Payments by the Borrower pursuant to this indemnification shall be made within thirty (30) days from the date the Bank makes written demand thereof. The Bank agrees to repay to the Borrower any refund (including that portion of any interest that was included as part of such refund) with respect to Taxes or Other Taxes paid by the Borrower pursuant to this Section 5.4 received by the Bank for Taxes or Other Taxes that were paid by the Borrower pursuant to this Section
5.4 and to contest, with the cooperation and at the expense of the Borrower, any such Taxes or Other Taxes which the Bank or the Borrower reasonably believes not to have been proper assessed.
(c) Notice. Within thirty (30) days after the date of any payment of Taxes by the Borrower, the Borrower shall furnish to the Bank, the original or a certified copy of a receipt evidencing payment thereof.
(d) Survival of Obligations. The obligations of the Borrower under this Section 5.4 shall survive the termination of this Agreement.
5.5 Additional Costs
(a) If the Bank shall have determined that the adoption or implementation of, or any change in, any law, rule, treaty or regulation, or any policy, guideline or directive of, or any change in the interpretation or administration thereof by any court, central bank or other administrative or governmental authority (in each case, whether or not having the force of law), or compliance by the Bank with any request or directive of any such court, central bank or other administrative or governmental authority (whether or not having the force of law), shall (A) change the basis of taxation of payments to the Bank of any amounts payable hereunder (except for taxes on the overall net income of the Bank), (B) impose, modify or deem applicable any reserve, special deposit or similar requirement against making or maintaining its obligations under this Agreement or assets held by, or deposit with or for the account of, the Bank or (C) impose on the Bank any other condition regarding this Agreement, and the result of any event referred to in clause (A), (B) or (C) above shall be to increase the cost to the Bank of making or maintaining its obligations hereunder, or to reduce the amount of any sum received or receivable by the Bank hereunder, then, the Borrower shall pay to the Bank, at such time and in such amount as is set forth in paragraph (c) of this Section 5.5, such additional amount or amounts as will compensate the Bank for such increased costs or reductions in amount.
(b) If the Bank shall have determined that the adoption or implementation of, or any change in, any law, rule or regulation, or any policy, guideline or directive of, or any change in the interpretation or administration thereof, by, any court, central bank or other administrative or governmental authority, or compliance by the Bank with any -14- 5/13/08
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Packet Pg. 410 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) directive of or compliance by the Bank with any directive of or guidance from any central bank or other authority (in each case, whether or not having the force of law), shall impose, modify or deem applicable any capital adequacy or similar requirement (including, without limitation, a request or requirement that affects the manner in which the Bank allocates capital resources to its commitments, including its obligations under lines of credit) that either (A) affects or would affect the amount of capital to be maintained by the Bank or (B) reduces or would reduce the rate of return on the Bank's capital to a level below that which the Bank could have achieved but for such circumstances (taking into consideration the Bank's policies with respect to capital adequacy) then, the Borrower shall pay to the Bank, at such time and in such amount as is set forth in paragraph {c) of this Section, such additional amount or amounts as will compensate the Bank for such cost of maintaining such increased capital or such reduction the rate of return on the Bank's capital.
(c) All payments of amounts referred to in paragraphs (a) and (b) of this Section shall be due and payable thirty (30) days following the Borrower's receipt of notice thereof. Interest on the sums due as described in paragraphs (a) and (b) of this Section, and in the preceding sentence, shall begin to accrue from the date when the payments were first due and shall otherwise be payable in accordance with Section 1.6 hereof; provided, that from and after the required date of payment, interest shall begin to accrue on such obligations at a rate per annum equal to the Default Rate until such delinquent payments have been paid in full. A certificate as to such increased cost, increased capital or reduction in return incurred by the Bank as a result of any event mentioned in paragraphs (a) or {b) of this Section setting forth, in reasonable detail, the basis for calculation and the amount of such calculation shall be submitted by the Bank to the Borrower and shall be conclusive (absent manifest error) as to the amount thereof.
In making the determinations contemplated by the above referenced certificate, the Bank may make such reasonable estimates, assumptions, allocations and the like that the Bank in good faith determines to be appropriate. Notwithstanding anything contained in paragraphs (a) or (b) of this Section, above, the Borrower shall have no liability to the Bank for any increased costs, increased capital or reduction in return to the extent incurred by the Bank more than sixty (60) days prior to the date the above-described certificate is given to the Borrower.
(d) Notwithstanding the foregoing, on any date following receipt of notice pursuant to subsection (c) above, the Borrower shall have the right to repay all amounts outstanding, including accrued interest to the date of repayment, on the Line of Credit upon 10 days' notice to the Bank, without penalty other than any prepayment fee due pursuant to Section 2.2(f) or 2.3(e) above and without further liability for any Additional Costs identified in subsections (a) and (b) above.
5.6 Interest Calculation. Except as otherwise stated in this Agreement, all interest and fees, if any, will be computed on the basis of a 360-day year and the actual number of days elapsed. This calculation results in more interest or a higher fee than if a 365-day year is used.
Installments of principal which are not paid when due under this Agreement shall continue to bear interest until paid.
5.7 Default Rate.
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Packet Pg. 411 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (a) Borrower Defaults. Upon the occurrence of any default under this Agreement, principal amounts outstanding under this Agreement will at the option of the Bank bear interest at a rate which is 2.0 percentage point(s) higher than the rate of interest otherwise provided under this Agreement; provided, that such rate shall not exceed 12% per annum or the maximum rate then permitted by applicable law.
(b) The Bank's election to apply the default rate as provided in this Section 5. 7 will not constitute a waiver of any default.
6. CONDITIONS
The Bank must receive the following items, in form and content acceptable to the Bank, before it is required to extend any credit to the Borrower under this Agreement:
6.1 Authorizations. Evidence that the execution, delivery and performance by the Borrower of this Agreement and any instrument or agreement required under this Agreement has been duly authorized.
6.2 Documents. Fully executed and, where required, acknowledged copies of this Agreement.
6.3 Legal Opinions. Written opinions from bond counsel and the Borrower's legal counsel, covering such matters as the Bank may require, including without limitation an opinion that the Borrower is authorized under California law to enter into this loan agreement, that this agreement is enforceable against the Borrower in accordance with its terms. The legal counsel and the terms of the opinion must be acceptable to the Bank.
6.4 Payment of Fees. Payment of all accrued and unpaid expenses incurred by the Bank as required by Section 3.3 entitled "Reimbursement of Closing Costs."
6.5 Resolution of Board. Copies of resolutions of the Governing Board of the Borrower, certified as of the execution date by the Secretary of the Board, authorizing, among other things, the execution, delivery and performance by the Borrower of this Agreement.
6.6 Authoritv; Incumbency. A certificate of an authorized representative of the Borrower dated the execution date certifying as to the authority, incumbency and specimen signatures of the representative of the Borrower authorized to sign this Agreement and any other documents to be delivered by it hereunder and who will be authorized to represent the Borrower in connection with this Agreement, upon which the Bank may rely until it receives a new such certificate.
6. 7 Governmental Approvals. Except for state "blue sky" laws, true and correct copies of any and all governmental approvals necessary for the Borrower to enter into this Agreement and such approvals necessary at the Closing Date for the transactions contemplated thereby and hereby, or if no governmental approvals are required, a certificate of an Authorized Representative of the Borrower to the effect that no such approvals are necessary.
6.8 Financial Statements and Other Information. Borrower's most recent audited financial statements, fiscal consultant reports, analysis of composition of redevelopment project areas, values and collection trends and any other financial information reasonably requested by -16-
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Packet Pg. 412 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Bank.
6.9 Additional Bonds Test. Documents for Senior Debt, and any other debt of Borrower that is senior to or on a parity with this Agreement confirming that execution, delivery and performance of Borrower's obligations under this Agreement will not constitute a default under any such documents.
7. REPRESENTATIONS AND WARRANTIES
When the Borrower signs this Agreement, and until the Bank is repaid in full, the Borrower makes the following representations and warranties. Each request for an Advance constitutes a renewal of these representations and warranties as of the date of the request:
7.1 Legal Status. Borrower is a redevelopment agency and public body corporate and politic, duly and validly created under Part 1 of Division 24 of the California Health and Safety Code (the "Law") and has all requisite power and authority to carry on its business as now conducted.
7.2 Authorization. This Agreement, and any instrument or agreement required hereunder, are within the Borrower's powers, have been duly authorized, and do not conflict with any of its organizational papers.
7.3 Business Operations. The Borrower has all powers and all governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted.
7.4 Approvals. No further approval, authorization, consent, order, notice to or filing or registration with any governmental authority or any public board or body (other than in connection or in compliance with the provisions of the securities or "blue sky" laws of any jurisdiction which were not required on or prior to the Closing Date) is legally required with respect to the Borrower's obligations under this Agreement.
7.5 Disclosure of Information. The statements and information provided to the Bank in connection with this Agreement which consists solely of the materials identified on Exhibit E hereto, are accurate in all material respects as of the date of such materials, except as otherwise disclosed to the Bank in writing.
7.6 Enforceable Agreement. Subject to fraudulent conveyance, moratorium and other laws relating to or affecting creditors' rights, to the application of equitable principles, to the exercise of judicial discretion in appropriate cases and to limitations on legal remedies against redevelopment agencies in the State of California, this Agreement is a legal, valid and binding agreement of the Borrower, enforceable against the Borrower in accordance with its terms, and any instrument or agreement required hereunder, when executed and delivered, will be similarly legal, valid, binding and enforceable.
7.7 No Conflicts. This Agreement does not conflict with any law, agreement, or obligation by which the Borrower is bound, including without limitation any provisions of the loan agreements, indentures or fiscal agent agreements relating to the Senior Debt.
7.8 Financial Information. To the actual knowledge of the Borrower, all financial and other information that has been supplied to the Bank is sufficiently complete to give the Bank -17-
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Packet Pg. 413 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) accurate knowledge of the Borrower's financial condition, including all material contingent liabilities which could have a Material Adverse Effect. Since the date of the most recent financial statement provided to the Bank, there has been no Material Adverse Change in the business condition (financial or otherwise), operations, properties or prospects of the Borrower.
7.9 Lawsuits. There is no lawsuit, tax claim or other dispute pending or threatened against the Borrower which, if lost, would have a Material Adverse Effect, except as have been disclosed in writing to the Bank.
7.10 Other Obligations. The Borrower is not in default on any obligation for borrowed money, any purchase money obligation or any other material lease, commitment, contract, instrument or obligation, except as have been disclosed in writing to the Bank.
7.11 No Event of Default. There is no event which is, or with notice or lapse of time or both would be, a default under this Agreement.
7.12 Location of Borrower. The Borrower's place of business (or, if the Bqrrower has more than one place of business, its chief executive office) is located at the address listed under the Borrower's signature on this Agreement.
7.13 Changes in Law. To the best of the Borrower's knowledge, there is not pending any change of law, which, if enacted or adopted, could have a Material Adverse Effect on the Borrower's ability to perform its obligations under this Agreement.
7.14 Immunity from Jurisdiction. Borrower is not entitled under California law to claim immunity on sovereign or other similar grounds with respect to itself in relation to this Agreement or the Pledged Revenues from (i) suit, (ii) jurisdiction of any court, or (iii) relief by way of injunction, order for specific performance or order for recovery of property; provided, that no representation is made with respect to the waiver of immunity under the XI Amendment of the United States Constitution; and provided further, that any claim made hereunder shall be made in accordance with and pursuant to the procedures provided by the laws of the State of California.
7.15 Redevelopment Plan. The Redevelopment Plan has been duly authorized and adopted by the Borrower, remains in full force and effect and, except as disclosed to the Bank in writing, has not been amended, superseded or replaced. The Borrower is permitted to enter into this Agreement by the terms of the Redevelopment Plan.
8. COVENANTS
The Borrower agrees, so long as credit is available under this Agreement and until the Bank is repaid in full:
8.1 Use of Proceeds. To use the proceeds of the Line of Credit only for the purposes permitted by Section 1.1.
8.2 Financial Information. To provide the following financial information and statements in form and content acceptable to the Bank, and such additional information as requested by the Bank from time to time:
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Packet Pg. 414 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (a) By March 1 of each year, commencing with March 1, 2009, an annual statement of estimated tax increment revenue of the Borrower for the current fiscal year based on information provided by the County tax collector, certified and dated by an authorized financial officer of the Borrower and a statement of actual tax increment revenues for the preceding fiscal year.
(b) Within 180 days after the Borrower's fiscal year end, commencing with the fiscal year ended June 30, 2007, the Borrower's annual financial statements, certified and dated by an authorized financial officer of the Borrower. These financial statements must be audited (with an unqualified opinion) by a firm of independent certified public accountants of recognized national or regional standing. (c) By March 1 of each year, commencing with March 1, 2009, the Annual Report and any other disclosure provided by the Borrower pursuant to the Continuing Disclosure Certificate for the current fiscal year with respect to the Borrower's Senior Debt. (d) By March 1 of each year, commencing with March 1, 2009, a certificate of an authorized financial officer that states the Debt Service Coverage Ratio (as defined in Section 8.9) as of March 1 of such year and demonstrates on a pro forma basis for the current and each fiscal year thereafter (taking into account all financial limitations imposed pursuant to the Redevelopment Plan or the Redevelopment Law and other factors which would cause a reduction in Pledged Revenues in any future year) the maximum amount of Advances that may be outstanding during such period in order for Borrower to maintain a Debt Service Coverage Ratio of at least 1.25: 1 (the "Annual Principal Cap").
(e) Within the periods provided in (a), (b), (c) and (d) above, a compliance certificate of the Borrower signed by an authorized financial officer of the Borrower setting forth whether there existed as of the date of such statements and whether there exists as of the date of the certificate, any default under this Agreement and, if any such default exists, specifying the nature thereof and the action the Borrower is taking and proposes to take with respect thereto.
(f) Any official statement or similar disclosure document circulated by the Borrower in connection with the offering of any bonds, notes or other evidence of indebtedness of the Project Area, or issued by or on behalf of, the Borrower. (g) The Borrower shall give prompt notice in writing to the Bank of any litigation or administrative proceeding which may have a Material Adverse Effect, and shall in all events give prompt notice of any such litigation or proceeding involving a claim in excess of $5,000,000.
(h) Such other information regarding the business, affairs and condition of the Borrower as the Bank may from time to time reasonably request.
8.3 Books and Records. To maintain adequate books and records.
8.4 Inspection Rights. The Borrower shall, at any reasonable time and from time to time, upon reasonable notice, permit the Bank or any agents or representatives thereof, at the Bank's expense, to examine and make copies of the records and books of account related to -19-
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Packet Pg. 415 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) the transactions contemplated by this Agreement, to visit its properties and to discuss its affairs, finances and accounts with any of its officers and independent accountants. The Borrower will not unreasonably withhold its authorization for its independent accountants to discuss its affairs, finances and accounts with the Bank.
8.5 Compliance with Laws. To comply with the laws, regulations and orders of any government body with authority over the Borrower's business or activities.
8.6 Maintenance of Approvals. Etc. The Borrower shall at all times maintain in effect, renew and comply with all the terms and conditions of all approvals and authorizations as may be necessary or appropriate under any applicable law or regulation for its execution, delivery and performance of this Agreement.
8.7 Cooperation. To take any action reasonably requested by the Bank to carry out the intent of this Agreement.
8.8 Payment of Obligations. The Borrower will pay and discharge all of its obligations and liabilities when due.
8.9 Additional Debt; Against Encumbrances. ·
(a) The Borrower covenants and agrees that it will not issue any additional Senior Debt payable from Pledged Revenues unless prior to issuing such Senior Debt, Borrower delivers to the Bank a certificate of an authorized financial officer that demonstrates on a pro forma basis for the current fiscal year and each fiscal year during the proposed term thereof (taking into account all financial limitations imposed pursuant to the Redevelopment Plan or the Redevelopment Law and other factors which would cause a reduction in Pledged Revenues in any future year) that the Debt Service Coverage Ratio calculated as if such additional Senior Debt were issued and outstanding during such term is at least 1.25:1.
(b) The Borrower covenants and agrees that it will not issue or enter into any Subordinate Parity Debt payable from the Pledged Revenues unless prior to issuing such Subordinate Parity Debt, Borrower delivers to the Bank a certificate of an authorized financial officer that demonstrates on a pro forma basis for the current fiscal year and each fiscal year during the proposed term thereof (taking into account all financial limitations imposed pursuant to the Redevelopment Plan or the Redevelopment Law and other factors which would cause a reduction in Pledged Revenues in any future year) that the Debt Service Coverage Ratio as if such additional obligations were issued and outstanding during such term is at least 1.25:1.
"Debt Service Coverage Ratio" means the total amount of Pledged Revenues for the period divided by Required Payments for the same period.
The term "Required Payments" means, for any period of calculation, the sum of:
(1) principal and interest due with respect to any outstanding Term Loans, assuming interest calculated at (i) for any Term Loans that bear interest at a fixed rate, the fixed rate then applicable to such Term Loans or (ii) for Term Loans that bear interest at variable rates, 30-day LIBOR Rate currently in effect plus 4.25% or for Term -20- 5/13/08
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Packet Pg. 416 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Loans bearing interest at a tax-exempt rate, 62.347% of the 30-day LIBOR Rate currently in effect plus 4.91 %,
(2) principal and interest on any principal outstanding under the Line of Credit that has not been converted to a Term Loan, assuming a 15-year amortization from the date of calculation and equal semiannual payments of principal and interest calculated at the 30-day LIBOR Rate currently in effect plus 4.25% or for principal bearing interest at a tax-exempt rate, 62.347% of the 30-day LIBOR Rate currently in effect plus 4.47%, (3) the interest accrued during such period on all outstanding Senior Debt secured by Pledged Revenues and Subordinate Parity Debt (collectively, the "Other Project Area Debt") during such period, assuming that all outstanding serial Other Project Area Debt is retired as scheduled and that all outstanding term Other Project Area Debt is prepaid or paid from sinking fund payments as scheduled (except to the extent that such interest is capitalized),
(4) those portions of the principal amount of all outstanding serial Other Project Area Debt maturing in such period or the next succeeding period, (5) those portions of the principal amount of all outstanding term Other Project Area Debt required to be prepaid or paid in such period or the next succeeding period, and
(6) those portions of payments under any subordinate obligations of the Borrower secured by Pledged Revenues, but subordinate to the Borrower's obligations hereunder and under any Subordinate Parity Debt (exclusive of the Borrower's obligation to fund the Low and Moderate Income Housing Fund) ("Subordinate Debt") required to be made during such period, or the next succeeding period, in each case accruing during such period and computed as if such Subordinate Debt was deemed to accrue daily during such period in equal amounts (except to the extent the interest evidenced and represented thereby is capitalized);
but less the earnings to be derived from the investment of moneys on deposit in debt service reserve funds established for any Other Project Area Debt or Subordinate Debt; provided that, as to any such Other Project Area Debt bearing or comprising interest at other than a fixed rate, the rate of interest used to calculate Required Payments shall, for all purposes be assumed to bear interest at 30-day LIBOR currently in effect plus 4.25%; and
provided, further, that if any series or issue of such Other Project Area Debt has twentyfive percent (25%) or more of the aggregate principal amount of such series or issue due in any one year, Required Payments shall be determined for the period of determination as if the principal of and interest on such series or issue of such Other Project Area Debt were being paid from the date of incurrence thereof in substantially equal annual amounts over a period of fifteen (15) years from the date of calculation; and provided, further, that, as to any such Other Project Area Debt or portions thereof bearing no interest but which are sold at a discount and which discount accretes with -21- 5/13/08
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Packet Pg. 417 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) respect to such Other Project Area Debt or portions thereof, such accreted discount shall be treated as interest in the calculation of Required Payments; and provided, further, that, if the interest rate with respect to Other Project Area Debt has been effectively fixed pursuant to an interest rate swap or other derivative agreement, the interest rate on such Other Project Area Debt shall be the resulting linked rate or the effective fixed interest rate to be paid by the Borrower in connection with the interest rate swap or derivative agreement; and
provided, further, that the amount on deposit in a debt service reserve fund on any date of calculation of Required Payments shall be deducted from the amount of principal due at the final maturity of the Other Project Area Debt for which such debt service reserve fund was established and to the extent the amount in such debt service reserve fund is in excess of such amount of principal, such excess shall be applied to the full amount of principal due, in each preceding year, in descending order, until such amount is exhausted.
8.10 Payments of Taxes and Other Charges. The Borrower will pay and discharge, or cause to be paid and discharged, all taxes, service charges, assessments and other governmental charges which may hereafter be lawfully imposed upon the Borrower or the properties then owned by the Borrower in the Earthquake Recovery Redevelopment Project Area, or upon the revenues therefrom, when the same shall become due. Nothing contained in this Agreement shall require the Borrower to make any such payment so long as the Borrower in good faith shall contest the validity of said taxes, assessments or charges. The Borrower will duly observe and confomn with all valid requirements of any governmental authority relative to the Redevelopment Plan, the projects undertaken pursuant to the Redevelopment Plan (collectively, the "Redevelopment Project") or any part thereof.
8.11 Taxation of Leased Property. Whenever any property in the Project Area has been redeveloped and thereafter is leased by the Borrower to any person or persons, or whenever the Borrower leases real property in the Project Area to any person or persons for redevelopment, the Borrower will provide Los Angeles County with the information and cooperation needed to establish a possessory interest in property leased by the Borrower as provided in Section 33673.1 of the Redevelopment Law.
8.12 Tax Revenues. The Borrower shall comply with all requirements of the Law to ensure the allocation and payment to it of the Pledged Tax Revenues including, without limitation, the timely filing of any necessary statements of indebtedness with appropriate officials of the County of Los Angeles.
8.13 Amendment of Redevelopment Plan. The Borrower shall not amend the Redevelopment Plan, or enter into any agreement with the County of Los Angeles or any other governmental unit, which would have the effect of materially reducing the amount of Pledged Tax Revenues available to the Borrower for payment of the principal and interest with respect to the Line of Credit, unless the Borrower delivers a certificate of an authorized financial officer to the effect that, following such amendment, the Debt Service Coverage Ratio shall be at least
1.25:1 throughout the Availability Period and the Term-Out Period. -22- 5/13/08
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Packet Pg. 418 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
9. DEFAULT
If any of the following events (each an "Event of Default") occurs, the Bank may do one or more of the following: declare the Borrower in default, stop making any Advances available to the Borrower, and require the Borrower to repay its entire debt immediately and without prior notice. If an event of default occurs under the paragraph entitled "Bankruptcy," below, with respect to the Borrower, then the entire debt outstanding under this Agreement will automatically be due immediately.
9.1 Failure to Pay. Any principal or interest owed to the Bank under this Agreement shall not be paid when due and shall remain unpaid for five (5) business days after written notice of such failure has been given to the Borrower, or the Borrower fails to pay any amount owing under Section 3.1 within fifteen (15) after the date when due.
9.2 False Information. Any representation or warranty made by or on behalf of the Borrower under this Agreement or in any certificate or statement of the Borrower delivered pursuant to Section 6 shall be incorrect or untrue in any materiaLrespect when made or deemed to have been made.
9.3 Bankruotcv. The Borrower files a bankruptcy petition, a bankruptcy petition is filed against the Borrower or the Borrower makes a general assignment for the benefit of creditors. The default will be deemed cured if any bankruptcy petition filed against the Borrower is dismissed within a period of 60 days after the filing; provided, however, that the Bank will not be obligated to extend any additional credit to the Borrower during that period; and provided further that such cure opportunity will be terminated upon the entry of an order for relief in any bankruptcy case arising from such a petition.
9.4 Receivers. A receiver or similar official is appointed for a substantial portion of the Borrower's business, or the business is terminated.
9.5 Judgments. Any uninsured judgments or arbitration awards are entered against the Borrower, or the Borrower enters into any settlement agreements with respect to any litigation or arbitration, in an aggregate amount of Five Million Dollars ($5,000,000) or more and any such judgment or award shall not have been satisfied, stayed or bonded pending appeal within a period of sixty (60) days from the date it was required to be paid.
9.6 Material Adverse Change. A Material Adverse Change occurs.
9. 7 Cross-default. Any default occurs under any agreement in connection with any other credit which Borrower has obtained from Bank, or which Borrower has obtained from anyone else, or which Borrower has guaranteed and any cure period with respect to such default has expired.
9.8 Lien Priority. The Bank fails to have an enforceable first lien (subject to Senior Debt, Subordinate Parity Debt and any prior liens to which the Bank has consented in writing) on or security interest in any property given as security for this Agreement (or any guaranty).
9.9 Other Breach under Agreement. The Borrower fails to meet the conditions of, or fails to perform any obligation under, any term of this Agreement not specifically referred to in this Article. This includes any failure or anticipated failure by the Borrower to comply with any -23- 5/13/08
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Packet Pg. 419 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) financial covenants set forth in this Agreement, whether such failure is evidenced by financial statements delivered to the Bank or is otherwise known to the Borrower. If, in the Bank's opinion, the breach is capable of being remedied, the breach will not be considered an event of default under this Agreement for a period of thirty (30) days after the date on which the Bank gives written notice of the breach to the Borrower, which period may be extended to ninety (90) days if Borrower demonstrates to the Bank that it is diligently pursuing a cure; provided, however, that the Bank will not be obligated to extend any additional credit to the Borrower during that period.
10. ENFORCING THIS AGREEMENT: MISCELLANEOUS
10.1 GAAP. Except as otherwise stated in this Agreement, all financial information provided to the Bank and all financial covenants will be made under generally accepted accounting principles, consistently applied.
10.2 Successors and Assigns. This Agreement is binding on the Borrower's and the Bank's successors and assignees. The Borrower agrees that it may not assign this Agreement without the Bank's prior consent. The Bank may sell participations in or assign this loan, and may exchange financial information about the Borrower with actual or potential participants or assignees. If participation is sold or the loan is assigned, the purchaser will have the right of set-off against the Borrower. If the Bank delivers any information to a potential participant or assignee other than its loan history with respect to this Agreement or information concerning the Borrower that is publicly available, the Bank shall give the Borrower the opportunity to review and approve such information for accuracy prior to its delivery to the potential participant or assignee.
10.3 Severability; Waivers. If any part of this Agreement is not enforceable, the rest of the Agreement may be enforced. The Bank retains all rights, even if it makes a loan after default. If the Bank waives a default, it may enforce a later default. Any consent or waiver under this Agreement must be in writing.
10.4 Attorneys' Fees. In the event of a lawsuit or arbitration proceeding, the prevailing party is entitled to recover costs and reasonable attorneys' fees incurred in connection with the lawsuit or arbitration proceeding, as determined by the court or arbitrator. In the event that any case is commenced by or against the Borrower under the Bankruptcy Code (Title 11, United States Code) or any similar or successor statute, the Bank is entitled to recover costs and reasonable attorneys' fees incurred by the Bank related to the preservation, protection, or enforcement of any rights of the Bank in such a case. As used in this paragraph, "attorneys' fees" includes the allocated costs of the Bank's in-house counsel and the allocated costs of the Borrower's in-house counsel.
10.5 One Agreement. This Agreement and any related security or other agreements required by this Agreement, collectively:
(a) represent the sum of the understandings and agreements between the Bank and the Borrower concerning this credit;
(b) replace any prior oral or written agreements between the Bank and the Borrower concerning this credit; and
-24- 5/13/08
5.Q.d
Packet Pg. 420 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (c) are intended by the Bank and the Borrower as the final, complete and exclusive statement of the terms agreed to by them.
In the event of any conflict between this Agreement and any other agreements required by this Agreement, this Agreement will prevail.
10.6 Indemnification. In addition to any and all rights of reimbursement, indemnification, subrogation or any other rights pursuant hereto or under law or equity, the Borrower hereby agrees to indemnify and hold harmless each of the Bank and its respective officers, directors, employees and agents (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, reasonable costs or expenses whatsoever (including reasonable attorneys' fees) that an Indemnified Party may incur (or which may be claimed against an Indemnified Party by any person whatsoever) that arises out of the transactions contemplated by this Agreement other than any such claim, damage, losses, liabilities, costs or expenses caused by the gross negligence or willful misconduct of the Bank. This indemnity will survive repayment of the Borrower's obligations to the Bank. All sums due to the Bank hereunder shall be obligations of the Borrower, due and payable immediately without demand.
10.7 Notices. Unless otherwise provided in this Agreement or in another agreement between the Bank and the Borrower, all notices required under this Agreement shall be personally delivered or sent by first class mail, postage prepaid, or by overnight courier, to the addresses on the signature page of this Agreement, or sent by facsimile to the fax numbers listed on the signature page, or to such other addresses as the Bank and the Borrower may specify from time to time in writing. Notices and other communications sent by (a) first class mail shall be deemed delivered on the earlier of actual receipt or on the fourth business day after deposit in the U.S. mail, postage prepaid, (b) overnight courier shall be deemed delivered on the next business day, and (c) telecopy shall be deemed delivered when transmitted.
10.8 Headings. Article and paragraph headings are for reference only and shall not affect the interpretation or meaning of any provisions of this Agreement.
10.9 Counterparts. This Agreement may be executed in as many counterparts as necessary or convenient, and by the different parties on separate counterparts each of which, when so executed, shall be deemed an original but all such counterparts shall constitute but one and the same agreement.
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Packet Pg. 421 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS))
10.10 Transfer; Assignment of Credit Agreement. This Agreement is binding on the Borrower's and the Bank's successors and assignees. The Borrower agrees that it may not assign this Agreement without the Bank's prior consent. If the Bank sells participations in the Line of Credit and this Agreement, it agrees that it will have the exclusive right to service the Line of Credit and the Borrower shall deal solely with the Bank with respect to this Agreement. The parties agree that this Line of Credit will not in any case be securitized.
10.11 Notices. Unless otherwise provided in this Agreement or in another agreement between the Bank and the Borrower, all notices required under this Agreement shall be personally delivered or sent by first class mail, postage prepaid, or by overnight courier, to the addresses on the signature page of this Agreement, or sent by facsimile to the fax nurnbers set forth below, or to such other addresses as the Bank and the Borrower rnay specify frorn time to time in writing. Notices and other communications shall be effective (i) if mailed, upon the earlier of receipt or five (5) days after deposit in the U.S. mail, first class, postage prepaid, (ii) if telecopied, when transmitted, or (iii) if hand-delivered, by courier or otherwise (including telegram, lettergram or mailgram), when delivered.
Bank of America
CA9-193-13-17
333 South Hope Street, 131
h Floor
Los Angeles, California 90071
Facsimile: 213-621-3606
Redevelopment Agency of the City
of Santa Monica
1717 Fourth Street, Ste. 250
Santa Monica, California 90401
Attn:
Facsimile: 310-394-0647
With copy to:
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Redevelopment Agency of the City
of Santa Monica
1717 Fourth Street, Ste. 250
Santa Monica, California 90401
Attn: Carol Swindell
Director of Finance
Facsimile: 310-458-8243
5/13/08
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Packet Pg. 422 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) This Agreement is executed as of the date stated at the top of the first page.
BANK OF AMERICA, N.A.
By __ ~--~~~~~~------ Typed Name: Paul F. Sutherlen
Title: Senior Vice President
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REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By_·~~--~~--~~~------
Typed Name: P. Lamont Ewell
Title: Executive Director
5/13/08
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Packet Pg. 423 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) EXHIBIT "A"
ADVANCE REQUEST
Bank of America, N.A.
Loan Servicing, California
101 South Marengo Ave, 5th floor
Pasadena, CA 91101
Attention: Linda Escamilla
Or
Telephone No.: (626) 666-8456
Facsimile No.: (626) 666-2241
Michael Towman
Telephone No.: (626) 666-2238
Facsimile No.: (626) 666-2241
With a copy to:
Paul F. Sutherlen
Telephone No.: (213) 621-7134
Facsimile No.: (213) 621-3606/3607
Re: Credit Agreement dated as of May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A.
Ladies and Gentlemen:
The undersigned, Redevelopment Agency of the City of Santa Monica (the "Borrower''), refers to the Credit Agreement, dated as of May 1, 2008 (as amended frorn time to time, the "Agreement"; the terms defined therein being used herein as therein defined}, between the undersigned and Bank of America, N.A. ("Bank"}, and hereby gives you notice, pursuant to Sections 5.1 (b) and 5.2 of the Agreement, that the undersigned hereby desires an Advance under the Credit Agreement as follows:
(i) The date of the Advance is , 200_ [insert a date that is (x) no earlier the third Business Day following the date of this notice if the Advance is to bear interest initially calculated by reference to the LIBOR Rate or (y) no earlier than the next Business Day following the date of this notice if such Advance is to bear interest initially at the Prime Rate or IBOR Rate].
(ii) The principal amount of the Advance is $ [insert an amount not less than $500,000 if the Advance is to bear interest with reference to the L/BOR Rate].
(iii) The Advance shall initially bear interest calculated by reference to [insert one of the following rates: Prime Rate, IBOR Rate or LIBOR Rate]. -28- 5/13/08
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Packet Pg. 424 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (iv) If the Advance is to bear interest initially calculated by reference to the LIBOR Rate, the initial Interest Period is months [insert one of the following: one week, one month, three months or six months. (v). If the Advance is to bear interest initially calculated by reference to the IBOR Rate, the initial Interest Period is months [insert one of the following:
one day, one week, one month, three months or six months.
The Borrower hereby certifies that the following statements are true on the date hereof, and will be true on the date of the Advance before and after giving effect to the requested Advance:
(A} The purpose of this Advance is _____________ _
which constitutes a part of the Project.
(B) All representations and warranties contained in the Agreement and the other related documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date hereof or the date of the Advance, as the case may be; and (C) No Event of Default or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default has occurred and is continuing. (D) The amount of the Advance requested plus all amounts currently outstanding under the Line of Credit are equal to or less than the Annual Principal Cap set forth in the certificate of Borrower delivered pursuant to Section 8.2(d} on the March 15 ' immediately preceding the date of this request.
Very truly yours,
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By: _________ _
Name:. ___________________ __
Title:. ____________________ _
By:. __________ ___
Name: ____________________ __
Title: ____________________ __
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Packet Pg. 425 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) EXHIBIT "8"
REQUEST FOR INCREASE TO COMMITMENT
Bank of America, N.A.
CA9-193-13-17
333 South Hope Street, 13'h Floor
Los Angeles, California 90071
Attention: Paul F. Sutherlen
Telephone No.: (213) 621-7134
Facsimile No.: (213) 621-3606/3607
Re: Credit Agreement dated as of May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A.
Ladies and Gentlemen:
The undersigned, Redevelopment Agency of the City of Santa Monica (the "Borrower"), refers to the Credit Agreement, dated as of May 1, 2008 (as amended from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), between the undersigned and Bank of America, N.A. ("Bank"). Borrower hereby requests that the Commitment be increased to$[ insert amount not to exceed $75,000,000 ].
Borrower has delivered or is delivering with this request Borrower's most recent audited financial statements and monthly cash flow projections for the Borrower for the next succeeding 12-month period. Borrower understands that the Bank may request additional information prior to making a decision regarding this request.
Borrower hereby represents and warrants as follows:
(i) There exists no Event of Default as defined in the Credit Agreement, nor any condition, act or event which with the giving of notice or the passage of time or both would constitute any such Event of Default;
(ii) No Material Adverse Change has occurred with respect to the Borrower; and -30- 5/13/08
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Packet Pg. 426 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (iii) No litigation or governmental action that could have a Material Adverse Effect on the Borrower or any transaction contemplated by the Credit Agreement or the ability of Borrower to perform its obligations under the Credit Agreement has occurred and is continuing.
Very truly yours,
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
Nam By: __ e_: ____________________ _
Title: ____________________ _
By: Nam __ e_: ---------------------
Title: ________________ _
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Packet Pg. 427 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) EXHIBIT "C"
FIRST AMENDMENT TO CREDIT AGREEMENT
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of --::---:-:-::=-:-:-=-:--:-:-::-:' 200_, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SANTA MONICA, a public body corporate and politic (the "Borrower") and BANK OF AMERICA, N.A., a national banking association (the "Bank").
RECITALS
AGREEMENT
For good and valuable consideration, receipt of which is hereby acknowledged, the Borrower, the Authority and the Bank agree as follows:
1. Commitment Amount. Upon the execution of this Amendment and satisfaction of the conditions to the Effective Date set forth below, the Commitment shall be increased to $ , and from and after the Effective Date, all references to the "Commitment" in the Credit Agreement shall mean the Commitment, as increased pursuant to this Amendment.
2. Miscellaneous.
(a) Effective Date. This Amendment shall be effective and the Effective Date shall occur on the date on which all of the following conditions have been satisfied by Borrower or waived by Lender:
(i) Execution of Documents. This Amendment shall be fully executed and delivered to the Bank;
(ii) Additional Loan Fee. Borrower shall have paid an additional loan fee equal to .05% of the amount of the increase to the Commitment; and (ii) Costs and Expenses. Borrower shall have paid all costs and expenses incurred by the Bank in connection with this transaction, including without limitation reasonable attorneys' fees in the amount of$ ___ _
(b) Effect of Amendment. Except as specifically provided herein, all terms and conditions of the Original Credit Agreement remain in full force and effect, without waiver or modification. This Amendment and the Original Credit Agreement shall be read together, as one document.
(c) Representations and Warranties. The Borrower hereby remakes all representations and warranties contained in the Original Credit Agreement and reaffirms all covenants set forth therein. The Borrower further certifies that as of the date of this Amendment:
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Packet Pg. 428 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) (i) There exists no Event of Default as defined in the Original Credit Agreement, nor any condition, act or event which with the giving of notice or the passage of time or both would constitute any such Event of Default;
(ii) No Material Adverse Change has occurred with respect to the Borrower; and (iii) No litigation or governmental action that could have a Material Adverse Effect on the Borrower or any transaction contemplated by the Original Credit Agreement, as amended by this Amendment, or the ability of Borrower to perform its obligations under the Original Credit Agreement, as amended by this Amendment, has occurred and is continuing.
(d) Successors. This Amendment shall inure to the benefit of the parties hereto and their respective successors and assigns.
(e) Amendments. No modification, waiver, amendment, discharge or change of this Amendment shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver or amendment, discharge or change is or may be sought.
(f) Counterparts. This Amendment may be simultaneously executed in several counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument.
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Packet Pg. 429 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) IN WITNESS WHEREOF. this Amendment has been executed as of the date first set forth above.
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REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By: ____________ _
Name: ___________ __
Title: ___________ _
Nam_e_: By: _________ __
Title: __________ __
BANK OF AMERICA, N.A.
By: N~a_m_e_:~P~a-u 1~F-.S~u~t~he-r1e_n ____ _
Title: Senior Vice President
5/13/08
5.Q.d
Packet Pg. 430 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) EXHIBIT "D"
CONVERSION NOTICE
Bank of America, N.A.
Loan Servicing, California
101 South Marengo Ave, 51
h floor
Pasadena, CA 91101
Attention: Linda Escamilla
Or
Telephone No.: (626) 666-8456
Facsimile No.: (626) 666-2241
Michael Towman
Telephone No.: (626) 666-2238
Facsimile No.: (626) 666-2241
With a copy to:
Paul F. Sutherlen
Telephone No.: (213) 621-7134
Facsimile No.: (213) 621-3606/3607
Re: Credit Agreement dated as of May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A.
Ladies and Gentlemen:
The undersigned, Redevelopment Agency of the City of Santa Monica (the "Borrower''), refers to the Credit Agreement, dated as of May 1, 2008 (as amended from time to time, the "Agreement"; the terms defined therein being used herein as therein defined), between the undersigned and Bank of America, N.A. ("Bank"), hereby gives you notice, pursuant to Section
1.5(b)(ii)(C) of the Agreement, that the undersigned desires to convert a portion of the outstanding principal of the Line of Credit to a Term Loan as follows:
(i) The principal amount to be converted is $. ________ _ [[insert an amount equal to at least $5,000, 000].
(ii) The Conversion Date is , 20_jif any of the principal to be converted then bears interest at the LIBOR Rate or the IBOR, the Conversion Date must be the last day of the Interest Period(s) applicable to such Portion(s) or the principal must bear interest at the Prime Rate on the Conversion Date].
Interest Rates:
(a) Borrower hereby requests a quote from the Bank for a tax-exempt interest rate and agrees that if such interest rate is accepted, Borrower will deliver an opinion of bond counsel in form and substance satisfactory to Bank regarding the tax-exempt status of the Term Loan that bears interest at the tax-exempt rate. -35- 5/13/08
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Packet Pg. 431 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) OR
{b) The Advance shall initially bear interest calculated by reference to [insert one of the following rates: Prime Rate, IBOR or LIB OR Rate]. (i) If the Advance is to bear interest initially calculated by reference to the LIBOR Rate, the initial Interest Period is months [insert one of the following: one week, one month, three months or six months. (ii) If the Advance is to bear interest initially calculated by reference to the IBOR Rate, the initial Interest Period is months [insert one of the following: one day, one week, one month, three months or six months.
The Borrower hereby certifies that the following statements are true on the date hereof, and will be true as of the Conversion Date:
{A) All representations and warranties contained in the Agreement and the other related documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date hereof or the Conversion Date, as the case may be; and
(B) No Event of Default or event which with the passage of time, the giving of notice, or both, would constitute an Event of Default has occurred and is continuing.
Very truly yours,
REDEVELOPMENT AGENCY OF THE
CITY OF SANTA MONICA
By: _________ _
Name:
Title: ----------
Nam By: __ e_: ____________ _
Title: ______________ _
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Packet Pg. 432 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) EXHIBIT"E"
LIST OF DUE DILIGENCE MATERIALS PROVIDED TO BANK
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Packet Pg. 433 Attachment: SA Attachment D - Credit Agreement (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) Attachment E
April 26, 2022 Letter from Bank of America
5.Q.e
Packet Pg. 434 Attachment: SA Attachment E - BofA Letter [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) April 26, 2022
Gigi Decavalles
Director of Finance
City of Santa Monica
E-Mail: [email protected]
Dear Ms. Decavalles:
In light of the LIBOR transition, Bank of America, N.A. is providing this courtesy letter to the City of Santa Monica (the “City”) relating to the Credit Agreement dated May 1, 2008 between the Redevelopment Agency of the City of Santa Monica and Bank of America, N.A. and the related Conversion Notice dated January 30, 2012 (collectively, the “Credit Agreement”).
Certain USD LIBOR tenors and many global IBORs ceased publication on 12/31/2021, with the remaining USD LIBOR tenors to cease publication after June 30, 2023, including the 6-month USD LIBOR tenor currently utilized to set interest payments in the Credit Agreement. As such, per Sections 1.4(d) and 2.4 of the Credit Agreement, effective July 1, 2023 and thereafter, interest on the City’s term loan will reset at Fed Funds + 1.70%, following the USD LIBOR cessation expected on June 30, 2023.
This discussion reflects Bank of America’s understanding of benchmark reform matters as of today. The content is subject to change without notice, and Bank of America accepts no obligation to update or correct the information and accepts no liability for the impact of reliance on, or any decisions made based upon, the information, views or opinion expressed herein. Clients should consult their financial, legal, accounting, tax or other professional advisors on matters relating to the possible implications of a change or discontinuation of LIBOR or benchmark interest rates.
Please do not hesitate to reach out, should you have any questions or concerns.
Thank you,
Stephanie Apsey
Vice President
Public Sector Banking
Bank of America, N.A.
–––––––
cc:
David Carr Susan Cola Melissa Lindley
City of Santa Monica
[email protected]
City of Santa Monica
[email protected]
City of Santa Monica
[email protected]
Louis M. Choi Wes Hough
Public Resources Advisory Group
[email protected]
Public Resources Advisory Group
[email protected]
5.Q.e
Packet Pg. 435 Attachment: SA Attachment E - BofA Letter [Revision 1] (5331 : Approval of Annual Recognized Obligation Payment Schedule (ROPS)) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 5.R
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Adoption of a Resolution Extending Training Deadline for the Public Safety Reform and Oversight Commission
Recommended Action
Staff recommends that the City Council adopt the attached Resolution requiring completion of training by the Public Safety Reform Oversight Commission members.
Summary
On September 20, 2022, the Santa Monica Police Officers Association (“SMPOA”) notified the City of its intent to file litigation seeking the removal of three members of the Public Safety Reform and Oversight Commission (“Commission”) due to their failure to attend portions of required trainings.
The proposed Resolution would rectify this situation by ensuring that all commissioners will complete the training requirements with a minimum amount of further delay. The Resolution provides:
• commissioners will have a final opportunity to complete any required training by February 1, 2023, and if any commissioner has failed to do so, the City Council intends to suspend or remove that member from the Commission;
• that the City Council directs the City Manager to facilitate and provide any commissioner with a reasonable opportunity to complete the required trainings before this deadline; and
• if any commissioner requires a training modification due to any health-related reason, the Santa Monica Police Department (“SMPD”) and the commissioner shall cooperate
5.R
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2 of 3
with the City Manager regarding any such modification that does not unduly interfere with the training.
Discussion
Santa Monica Municipal Code Section 2.50.020(f) provides that the Commission’s members must fulfill certain training requirements by May 31, 2022:
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.
As of May 31, 2022, the majority of the commissioners completed these training requirements. Most of the remaining commissioners have substantially completed training requirements and were unavailable for a few training sessions due to extenuating circumstances. The attached resolution will provide adequate time for certain commissioners to complete their training.
Environmental Review
The contemplated action is not a “project” within the meaning of the California Environmental Quality Act.
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Financial Impacts
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. Proposed PSROC Training Resolution
5.R
Packet Pg. 438
1 City Council Meeting: December 13, 2022 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REQUIRING CERTAIN MEMBERS OF THE PUBLIC SAFETY REFORM AND
OVERSIGHT COMMISSION TO COMPLETE REQUIRED TRAINING BY FEBRUARY 1, 2023, SETTING FORTH THAT THE CITY COUNCIL INTENDS TO SUSPEND OR
REMOVE ANY COMMISSIONER WHO FAILS TO COMPLETE THE TRAINING BY FEBRUARY 1, 2023, AND DIRECTING THE CITY MANAGER TO PROVIDE THE
COMMISSIONERS WITH A REASONABLE OPPORTUNITY TO FULFILL ANY
REMAINING TRAINING REQUIREMENTS
WHEREAS, pursuant to Section 1000 of the City Charter, Santa Monica Municipal Code (“SMMC”) Chapter 2.50 establishes the City’s Public Safety Reform and Oversight Commission (“Commission”); and
WHEREAS, the Commission has the authority and duty to review and make recommendations regarding Santa Monica Police Department (“SMPD”) policies and practices; review and make recommendations regarding SMPD disciplinary investigations, proceedings, and actions; collaborate with SMPD to sponsor and promote interaction and trust building between SMPD and community members; promote transparency of SMPD data and records; collaborate with SMPD and the community to promote restorative justice; make recommendations regarding best practices in community-oriented policing and reimagining public safety and wellbeing; and review and make recommendations regarding the SMPD budget; and
WHEREAS, the City Council appoints eleven Commission members, and the Police Chief and the Santa Monica Police Officers Association (“SMPOA”) also jointly recommend a twelfth member of the commission who serves in an ex officio non-voting capacity; and
5.R.a
Packet Pg. 439 Attachment: Proposed PSROC Training Resolution (5512 : PSROC Training Resolution) 2 WHEREAS, the City Council, Police Chief, and SMPOA have made their appointments, and the Commission has a full complement of twelve members; and WHEREAS, SMMC Section 2.50.020(f) requires the Commissioners to fulfill training requirements – the SMPD Community Academy, a SMPOA training regarding the Police Officers Bill of Rights, and any additional training required by the Commission itself; and
WHEREAS, SMMC Section 2.50.020(f) requires the Commissioners initially appointed to the Commission to complete the required training by May 31, 2022, and any other Commissioners to complete the required training within six months of their appointment; and
WHEREAS, SMMC Section 2.50.020(f) does not exempt the ex officio non-voting member of the Commission from these training requirements; and WHEREAS, some of the Commissioners initially appointed to the Commission did not complete the SMPD Community Academy Training by May 31, 2022; and WHEREAS, one of the Commissioners did not complete the SMPD Community Academy Training and the SMPOA training regarding the Police Officers Bill of Rights within six months of the Commissioner’s appointment; and WHEREAS, under City Charter Section 1002, the City Council may remove Commissioners with five affirmative votes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council will provide Commissioners initially appointed to the Commission who have not completed required training with a final opportunity to complete
5.R.a
Packet Pg. 440 Attachment: Proposed PSROC Training Resolution (5512 : PSROC Training Resolution) 3 the SMPD Community Academy training by February 1, 2023. If any initially appointed Commissioner has failed to complete required and agreed upon training by February 1, 2023, the City Council intends to suspend or remove that member from the Commission.
No such Commissioner will be required to undergo any training that the commissioner has previously completed.
SECTION 2. The City Council will provide the Commissioner appointed on January 25, 2022, with a final opportunity to attend the SMPD Community Academy training and the SMPOA training regarding the Police Officers Bill of Rights by February 1, 2023. If the Commissioner fails to complete these required and agreed upon trainings by February 1, 2023, the City Council intends to suspend or remove that member from the Commission. The Commissioner will not be required to undergo any training that the Commissioner has previously completed.
SECTION 3. The City Council directs the City Manager to facilitate and provide any Commissioner who needs to complete the training required by SMMC Section
2.50.020(f) with a reasonable opportunity to do so before February 1, 2023. If any Commissioner requires any training modification due to any health-related reason, the SMPD and the Commissioner shall cooperate with the City Manager regarding any such modification that does not unduly interfere with the training.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 441 Attachment: Proposed PSROC Training Resolution (5512 : PSROC Training Resolution) 1 September 27, 2022
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 27, 2022
A regular meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 5:33 p.m., on Tuesday, September 25, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
Assistant City Clerk Nikima S. Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:33 p.m., with all members present. Councilmember de la Torre led the assemblage in the Pledge of Allegiance.
AGENDA
MANAGEMENT
A motion was made by Councilmember Davis and seconded by Mayor Pro Tem McCowan to hear Item 4.A. prior to public input. The motion passed by acclamation.
PROCLAMATIONS/
COMMENDATIONS
4.A. Commendations: Santa Monica Little League 16U All-Stars, was presented.
GENERAL PUBLIC
INPUT:
Members of the public Jerry Rubin, Denise Barton, Olga Zurawska, Theresa Marasco, David, Morris, Johnathan Foster, Jayson Gladstone, Mark Mollica, Anthony Mollica, Michelle Gray, John Berry, Jesus, Keith Brown, William Cobian, Luis Tabares, Joel Martinez, Randy Metz (on behalf of Chris Rink), and Harvey Eder commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public George Centeno, Craig Miller (Ana), Miranda McLaughlin-Basseri, Michelle Wittig, Rev. Janet McKeithen, Joanne Berlin, Ericka Lesley, Brian, Robbie Jones, Samantha Mota, and Angela D.
Scott commented on closed session items.
Member of the public Denise Barton commented on special agenda items.
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Members of the public Michell Gray and Denise Barton commented on consent calendar items.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 7:08 p.m., to consider closed sessions and returned at 9:09 p.m., with all members present, to report the following:
3.A. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9 (d)(1): NMS 1539, LLC et al. v. City of Santa Monica, et al., Central District of California Case No. 2:20-cv-11318-FLA-JPR The City Attorney advised this matter was heard with no reportable action taken.
3.B. Conference with Legal Counsel – Anticipated Litigation:
Significant Exposure to Litigation pursuant to Gov. Code § 54956.9(d)(2) (2 cases)
The City Attorney advised this matter was heard with no reportable action taken.
SPECIAL AGENDA
ITEMS:
4.B. City Manager Report, was presented.
Update on:
1. Permanent Parklet / Outdoor Dining transition
Motion by Councilmember Negrete , seconded by Councilmember Parra to direct staff to return to Council with a Study Session pertaining to particular issues with the program in October. The motion was approved by acclamation.
2. Proposed by-right development project at Ocean Park and Lincoln Blvd
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.
At the request of Councilmember Brock, Item 5.C. was removed from the Consent Calendar.
At the request of Councilmember Parra, Item 5.E. was removed from the Consent Calendar.
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Motion by Councilmember Brock, seconded by Mayor Himmelrich, to approve the Consent Calendar except for Items 5.C and 5.E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
PACIFIC PARK 5.A. Approval of Amended and Restated Lease No. 11317 (CCS) with Pacific Park at 380 Santa Monica Pier, was approved.
Recommended Action
Staff recommends that the City Council:
1. Make a determination that the actions to execute a new Amended and Restated Lease Agreement and waive Pier Leasing Guideline’s competitive procurement requirement as set forth in recommended actions #2 and #3 are exempt under CEQA guideline 15061(b)(3) and 15302.
2. Authorize the City Manager to negotiate and execute a new Amended and Restated Lease Agreement with EPR Parks, LLC (Tenant) with respect to Pacific Park to extend the term of the lease, provide an additional two 10-year extension options to extend the term up to May 25, 2070, allow alcohol service subject to regulatory approvals, and incorporate additional new business terms as outlined in a Draft Term Sheet negotiated by the parties; and
3. Waive the Pier Leasing Guidelines competitive procurement requirement in granting the extension of lease term.
POLICE CADET
PROGRAM
5.B. Approval of Fiscal Year 2022-23 Appropriation of Revenue and Expenditure Budgets for Donations Made to the We Are Santa Monica Fund to Support the Santa Monica Police Cadet Program, was approved.
Recommended Action
Staff recommends that the City Council authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report to appropriate funds donated to the We Are Santa Monica Fund to expand the Police Cadet Program.
SOFTWARE LICENSES 5.D. Approval of Second Modification with Insight Public Sector, Inc. for Microsoft Enterprise Agreement, was approved.
Recommended Action
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Staff recommends that the City Council authorize the City Manager to negotiate and execute a second modification to agreement #10933 in the amount of $2,400,000 (including 10% contingency) with Insight Public Sector, Inc. for the purchase of Microsoft software licenses, including software license upgrades and license planning services for the Information Services Department. This will result in a 6-year amended agreement with a new total amount not to exceed $4,900,000, with future year funding contingent on Council budget approval.
JOB CLASSIFICATIONS 5.F. Adoption of Salary Resolution No. 11463 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ESTABLISHING NEW CLASSIFICATIONS AND
ADOPTING SALARY RATES FOR THE FOLLOWING NEW OR
EXISTING CLASSIFICATIONS: COMMUNICATIONS AND PUBLIC
INFORMATION MANAGER, FIREFIGHTER – PREVENTION
(LATERAL TRANSFER), JUNIOR POOL LIFEGUARD, MOTOR
COACH OPERATOR TRAINEE, RECYCLING ASSISTANT,
STUDENT WORKER, TRADES INTERN, AND VIDEO STUDENT
INTERN”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Salary Resolution to establish a title change for an existing job classification and salary rates for various job classifications described herein.
WEB SERVICES 5.G. Approval of a Purchase Order for the use Amazon Web Services (AWS), was approved.
Recommended Action
Staff recommends that the City Council authorize the City to issue a purchase order with DLT Solutions, a Tech Data Company, for Amazon Web Services (AWS) for the Information 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 $1,237,500 (including a 10% contingency of $112,500), over a fiveyear period, with future year funding contingent on Council budget approval.
MINUTES 5.H. Minutes of City Council - Regular and Special Joint Meeting - September 13, 2022 5:30 PM, were approved.
COUNCIL PUBLIC INPUT
PILOT
5.C. Approval to Extend the Council Public Input Pilot Until March 2023, was presented.
Recommended Action
Staff recommends that City Council extend the pilot program consolidating
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general public input and public comment on agenda items prior to Closed Session and after the Consent Calendar from December 31, 2022 to March 31, 2023.
Councilmember Brock pulled this item to hear a brief staff report on the merits of the item.
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to not extend the public input pilot until March and to end it December 31,2022. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Parra NOES: Councilmember Davis, Mayor Pro Tem McCowan,
Mayor Himmelrich
ABSENT: None
HOMELAND SECURITY
GRANTS
Councilmember Parra was
excused at 9:29 p.m.
5.E. Approval to Accept State Homeland Security grant funds to provide a countywide, emergency management training program serving all Santa Monica staff, all Operational Area cities, County departments, and special districts within the County of Los Angeles for the reporting period 2022 through 2025, was presented.
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept federal grant funds allocated by the Department of Homeland Security to the State Homeland Security Grant Program. The State of California awarded the funds to the City of Santa Monica to provide a countywide, emergency management training program serving all Santa Monica staff, all Operational Area cities, County departments, and special districts within the county of Los Angeles. On behalf of the Los Angeles Operational Area, the City will accept two federal grants totaling $565,000 starting in 2022 and concluding at the end of the performance period in 2025.The two State Homeland Security Grants are titled as follows: State Homeland Security Grant fiscal year 2021 through 2023, and State Homeland Security Grant, fiscal year 2022 through 2024.
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report.
Councilmember Parra pulled this item to recuse herself due to her work in emergency management.
Motion by Councilmember de la Torre, seconded by Councilmember Brock,
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to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Councilmember Parra
returned to the dais at 9:30
p.m.
Members of the public John Alle (Johnnie), Ho Nguyen (Simone Chung), Steve Chung, Donald Girard, John C. Smith, Debbie Guerra, Paren Knadjian, Jordan Davis, and Benjamin Tillis commented on Item 7.A.
Members of the public Isis McDowell and Matthew Lieberman commented on Item 10.C.
STUDY SESSION:
MEMORIAL PARK
7.A. Memorial Park Expansion, was presented.
Recommended Action
Staff recommends that the City Council:
1. Review and comment on restarting the Memorial Park
Redevelopment and Expansion Project with a reduced initial phase that is still in line with the approved master plan;
2. Provide direction to staff to reengage Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) in negotiations for potential fiscal and use agreements; and
3. Direct staff to study possible temporary relocation sites for the Public Landscape Division’s operation yard and return with a recommended alternative.
Questions asked and answered of staff included what can be done for pickleball enthusiasts as they await the construction of new courts; has there been any discussion about rooftop courts at SMC; would natural turf decrease construction costs; be a more economical option; is the proposal to remove the children’s playground due to a lack of space or money; would there be space for the playground if there was funding; what is planned for the existing Little League fields; what is the anticipated usage for the public versus SMC; bathroom availability; how many cars will fit in the new parking lot; what is the cost of potentially remediating the lumberyard and previous retail building; where was the Public Landscape Division housed prior to purchasing the old Fisher Lumber building and where is that parcel still available; how many staff, vehicles and materials are located there; are there any other sites available to house Public Landscape Division; will phase one be sufficient to our needs; is there a possibility to re-engage SMMUSD as another possible funding source; and would there be any lost revenue cost in relocation Public Landscape.
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Considerable discussion ensued on topics including, but not limited to the growth of pickleball and where it can best be accommodated; taking into concern the needs of tennis enthusiasts; addressing the need for unprogrammed open space to meet the needs for more housing and the growth in population; if there anyway to reinstate a children’s playground it should happen; appreciation that infrastructure is being fairly distributed to other areas other than the Pico Neighborhood; and using the We are Santa Monica fund to possibly fund the children’s playground as well as public/private partnerships
Motion by Mayor Himmelrich, seconded by Councilmember Brock, to provide direction to staff to reengage Santa Monica College (SMC) and Santa Monica-Malibu Unified School District (SMMUSD) in negotiations for potential fiscal and use agreements. The motion was unanimously approved by voice vote by all members present.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to direct staff to study possible temporary relocation sites for the Public Landscape Division’s operation yard and return with a recommended alternative. The motion was unanimously approved by voice vote by all members present.
ADMIN. PROCEEDINGS:
305 SAN VICENTE
Councilmember Brock was
excused from the dais at
12:08 a.m.
Mayor Pro Tem McCowan
left the meeting at 12:11 a.m.
9.A. Appeal of Landmarks Commission Decision to Deny
Application to Designate 305 San Vicente as a City Landmark, was presented.
Recommended Action
Staff recommends that the City Council:
1. Deny Appeal 20ENT-0247, appeal of the Landmarks Commission’s decision to deny the designation of the property at 305 San Vicente Boulevard as a City Landmark; and
2. Deny Designation Application (20ENT-0119) to designate the property located at 305 San Vicente Boulevard as a City Landmark based on the findings contained in this report.
3. If the City Council approves the appeal and the application to designate the property as a City Landmark, as described in “Alternative Actions” adopt the alternative findings under “California Environmental Quality Act Compliance”.
Councilmember Brock recused himself from this item due to the proximity to his residence.
Ex-parte Communication
No Councilmembers had any ex-parte communications to report.
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No members of the public spoke to the recommended action.
Motion by Councilmember de la Torre, seconded by Councilmember Negrete, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Negrete, Davis, Parra Mayor Himmelrich
NOES: None
ABSENT: Councilmember Brock, Mayor Pro Tem McCowan
ORDINANCES:
MUNICIPAL CODE
SECTION 4.08.097
10.A. Second Reading and Adoption of Ordinance No. 2720 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 4.08.097 TO EXPAND TO OTHER LOCATIONS WITHIN
THE CITY OF SANTA MONICA”, was adopted.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Motion by Councilmember Davis, seconded by Councilmember Negrete , to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, de la Torre, Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan, Councilmember Brock
MILITARY EQUIPMENT
USE POLICY
Councilmember Brock
returned to the dais at 12:31
a.m.
10.B. Second Reading and Adoption of Ordinance No. 2721 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING A MILITARY EQUIPMENT USE
POLICY IN COMPLIANCEWITH ASSEMBLY BILL 481”, was adopted.
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
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GREEN BUILDING CODE 10.C. Introduction and First Reading of an Ordinance amending the Santa Monica Municipal Code and adopting Local Amendments to the 2022 California Green Building Code and adoption of Resolution No. 11464 (CCS) entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA MAKING FINDINGS REGARDING
LOCAL CLIMATIC, GEOLOGICAL, TOPOGRAPHICAL AND
ENVIRONMENTAL CONDITIONS PURSUANT TO PUBLIC
RESOURCES CODE SECTION 17958.7, and 18941.5”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt the attached resolution that provides findings of local climatic, geological, topographical, and environmental conditions as required to adopt Santa Monica local amendments to the 2022 California Green Building Standards Code;
2. Introduce for first reading the attached ordinance that amends the Santa Monica Municipal Code (SMMC) by adding chapter 8.38 entitled, Zero Emission Building Code and amend Santa Monica Municipal Code section 8.08.040 to allow the Building and Fire Life Safety Commission to hear appeals related to the Zero Emission Building Code;
3. Introduce for first reading the attached ordinance that adopts local amendments to the 2022 California Green Buildings Standards Code to support increased access to electric vehicle charging; and
4. Direct the City Manager to file the adopted resolution and ordinance amending the Green Building Standards Code with the California Building Standards Commission following the second reading of the ordinance at least 30 days before the effective date of the Codes.
Questions asked and answered of staff included, how often does the State look at the Codes and is the City considering hydrogen technology.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, 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 Parra, Davis, Negrete, Brock, de la Torre Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
PUBLIC HEARINGS:
710 BROADWAY
12.A. Public Hearing and Adoption of Resolution No. 11465 (CCS) entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
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Councilmember Parra was
excused at 12:58 a.m.
FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND
EQUIPPING OF A MULTIFAMILY RENTAL HOUSING PROJECT
LOCATED AT 710 BROADWAY, SANTA MONICA”, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEBFRA”) and the Internal Revenue Code of 1986, as amended; and,
2. Adopt a resolution approving the issuance of California Municipal Finance Authority bonds in an amount not-to-exceed $25,000,000 for the benefit of 710 Broadway Affordable LP or a related or successor entity for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 710 Broadway, Santa Monica.
Member of the public Denise Barton, spoke to the recommended action.
Question asked and answered of staff included concerns with the issue fee.
Motion by Mayor Himmelrich, seconded by Councilmember Brock, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers de la Torre, Brock, Negrete, Davis Mayor Himmelrich
NOES: None
ABSENT: Councilmember Parra, Mayor Pro Tem McCowan
PEDESTRIAN MALL
Councilmember Parra
returned at 1:00 a.m.
12.B. Adoption of Resolution No. 11466 (CCS) entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING A PEDESTRIAN MALL ON A
PORTION OF FIRST COURT BETWEEN SANTA MONICA
BOULEVARD AND ARIZONA AVENUE, IN THE CITY OF
SANTA MONICA, CALIFORNIA” and a Public Hearing to Approve the Establishment of a Pedestrian Mall on a Portion of First Court between Santa Monica Boulevard and Arizona Avenue; and
Introduction and First Reading of an Ordinance modifying section
3.36.150 formally declaring First Court Promenade as a pedestrian mall and prohibiting vehicular traffic thereon, was presented.
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing, receive public comment, and approve establishment of a pedestrian mall along a southern portion of 1st
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Court between Santa Monica Boulevard and Arizona Avenue (“First Court Promenade”); and
2. Confirm the determination that the environmental impacts regarding the establishment of First Court Promenade were analyzed in the Final Environmental Impact Report certified by City Council on July 14, 2022; and
3. Adopt the attached resolution ordering the establishment of First Court Promenade.
4. Introduce an ordinance for first reading modifying section 3.36.150 of Chapter 3 of the Santa Monica Municipal Code to formally declare First Court Promenade as a pedestrian mall; and prohibit vehicular traffic thereon.
Member of the public Denise Barton, spoke to the recommended action.
Motion by Mayor Himmelrich, seconded by Councilmember de la Torre, to adopt the staff recommendation. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Himmelrich
NOES: None
ABSENT: Mayor Pro Tem McCowan
COUNCILMEMBER
DISCUSSION ITEMS:
HUMAN SERVICES
COMMISSION
16.A. Recommendation to rescind the July 14, 2022, appointment of Kelly Creffield to the Human Services Commission; and, consider new appointment to the vacancy on the Commission with a term ending June 30, 2025, was presented.
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to adopt the staff recommendation. Appointment to the vacancy will occur at the October 25th Council meeting.
The motion was approved by a unanimous voice vote, with Mayor Pro Tem McCowan absent from the vote.
AIRPORT COMMISSION 16.B. Recommendation to accept Bruce Malarky's resignation from the Airport Commission and authorize the City Clerk to publish the vacancy, was presented.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to accept the resignation with regret.
The motion was approved by a unanimous voice vote, with Mayor Pro Tem McCowan absent from the vote.
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MIXED-USE
DEVELOPMENT
PROJECT
16.C. Request of Councilmember Brock that the City Manager provide City Council with an update on the proposed by-right mixeduse development project at Ocean Park and Lincoln Blvd. The City Manager is being asked to clarify a number of items and concerns raised by the Santa Monica Coalition for a Livable City including, but not limited to, the process for review and approval of the proposed development project, status of the application for the proposed development and the City’s review of the proposed project, the role of the City Council and Planning Commission in the review process, ways that the community can provide input, density bonus calculations, and statutory timeframes, was pulled.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:07 a.m.
ATTEST: APPROVED:
Nikima S. Newsome Sue Himmelrich
Assistant City Clerk Mayor
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(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
NOVEMBER 29, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:07 p.m., on Tuesday, November 29, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Absent: Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:07 p.m., with all members present except Councilmember Parra. Councilmember Davis led the assemblage in the Pledge of Allegiance.
AGENDA
MANAGEMENT
Motion by Mayor Himmelrich, seconded by Councilmember Davis, to: 1) allow the three Santa Monica High students speak at the beginning of the meeting on the proposed laureate program; 2) hear the Statement of Apology prior to Closed Session; 3) at the request of one of the sponsors, continue Item 8.D. to December 13th meeting; and, 4) suspend the Council rules to reopen public comment on the continued items. The motion was unanimously approved by voice vote, with all members present, with Councilmember Parra absent.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
Members of the public Denise Barton, David Morris, commented on closed session items.
Members of the public Robbie Jones, LaVerne Ross, Joanne Berlin, Gina Frazier, Jamila Williams, Alison Rose Jefferson, Denise Barton, Craig Ali, and Waverly Nebedum commented on special agenda items.
CLOSED SESSIONS On order of the Mayor, the City Council recessed at 6:59 p.m., to consider closed sessions and returned at 9:48 p.m., with all members present, except Councilmember Parra to report the following:
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3.A. Public Employee Evaluation Government Code Section 54957(b): Title: City Manager
The Mayor advised this matter was heard with no reportable action taken.
3.B. Public Employee Evaluation Government Code Section 54957(b): Title: City Attorney
The Mayor advised this matter was heard with no reportable action taken.
SPECIAL AGENDA
ITEMS:
4.A. Statement of Apology to the African American Community and Their Descendants, was presented.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was unanimously approved by voice vote, with Councilmember Parra absent.
MINUTES 5.A. Minutes of City Council - Special Meeting - November 15, 2022, were approved.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Member Craig Miller (time donated by Melania Lopez) commented on Item 8.A.
Members of the public Claire Kovac, Isis McDowell and Alyssa Cirelie commented on Item 8.B.
Members of the public Olga Zurawska (time donated by David Morris), Kathy Knight and Zina Josephs commented on Item 8.C.
CONTINUED ITEMS:
PUBLIC SAFETY
REFORM AND
OVERSIGHT
COMMISSION
8.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, was presented.
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 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.
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Packet Pg. 455 Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR) 3 November 29, 2022
Questions asked and answered of staff included: if the Council approves the report, would the Police department object; is it unrealistic for the Council to expect complaint investigations to last longer than six months; what are the next steps to change the in-progress items in the OIR report to completed; and did the commission approve all parts of the memo sent to Council.
Considerable discussion ensued on topics including, but not limited to, that the progress being made on the recommendations from the OIR report need to somehow be made available to the Council and the community.
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to receive and file the report. The motion was unanimously approved by voice vote, with Councilmember Parra absent.
Motion by Councilmember Davis, seconded by Councilmember Brock, to direct staff to come up with a way to regularly return to Council and the community with updates on progress the Public Safety Reform Oversight Commission is making on the recommendations from the OIR report. The motion was unanimously approved by voice vote, with Councilmember Parra absent.
POET LAUREATE
PROGRAM
8.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, was presented.
Question asked and answered of staff included, is there going to be a stipend given.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to adopt the staff recommendation. The motion was unanimously approved by voice vote, with Councilmember Parra absent.
NEIGHBORHOOD
ORGANIZATIONS/
BUSINESS
IMPROVEMENT
DISTRICTS
8.C. 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
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Packet Pg. 456 Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR) 4 November 29, 2022
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, was presented.
Question asked and answered of staff included, how do we know if the money being used is city funds or their private membership funds.
Considerable discussion ensued on topics including, but not limited to:
whether or not organizations who receive in-kind services should be included, and add language in the grant agreements that if they oppose or endorse candidates or measures they put a disclaimer on their website stating no public funds are used for campaign purposes.
Motion by Councilmember Davis, seconded by Mayor Himmelrich, to ask the City Manager and City Attorney to 1) work on putting a disclaimer on the city’s website where there are links to groups who receive city funding and that any endorsements made by those groups is not paid for using city fund and, 2) put in any agreement by a group that receives city money, if they endorse or oppose candidates or measures, that they put a disclaimer on their website stating no public funds are used for campaign purposes and the views of the organization do not necessarily reflect the views of the City of Santa Monica or any of its officials. The motion was unanimously approved by the voice vote, with Councilmember Parra absent.
HOUSING AUTHORITY 8.D. 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 mid-December, was continued to the December 13th meeting.
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:54 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
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Packet Pg. 457 Minutes Acceptance: Minutes of Nov 29, 2022 6:00 PM (CONSENT CALENDAR) 1 December 6, 2022
(NOT APPROVED)
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 6, 2022
A special meeting of the Santa Monica City Council was called to order by Mayor Himmelrich at 6:03 p.m., on Tuesday, December 6, 2022, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Sue Himmelrich
Mayor Pro Tem Kristin McCowan
Councilmember Phil Brock
Councilmember Gleam Davis
Councilmember Lana Negrete
Councilmember Oscar de la Torre
Councilmember Christine Parra
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 6:03 p.m., with all members present. Mayor Pro Tem McCowan led the assemblage in the Pledge of Allegiance.
PUBLIC INPUT FOR
SPECIAL AGENDA
ITEMS ONLY:
Members of the public Elaine Golder (time donated by Nancy Hall), Janet McLaughlin, Denise Barton, Jerry Rubin, Barry Snell, Ericka Lesley, Sam Liu (representative from Senator Ben Allen’s), and Arrelle Freeman (for Congressman Ted Lieu) commented on Item 4.A.
Member of the public Denise Baron spoke on Item 4.G.
AGENDA
MANAGEMENT
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to hear public speakers for Item 4.A. and 4.B. before giving the Oaths of Office. The motion was unanimously approved by voice vote, with all members present.
SPECIAL AGENDA
ITEMS:
OUTGOING
COUNCILMEMBERS
4.A. Recognition of Outgoing Councilmembers Himmelrich and McCowan, was presented by Councilmember Davis.
OFFICIAL CANVASS 4.B. Adoption of Resolution No. 11484 (CCS) entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
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Packet Pg. 458 Minutes Acceptance: Minutes of Dec 6, 2022 6:00 PM (CONSENT CALENDAR) 2 December 6, 2022
MONICA ACCEPTING THE LOS ANGELES COUNTY REGISTRAR
RECORDER/COUNTY CLERK’S OFFICIAL CANVASS AND
OFFICIAL STATEMENT OF VOTES CAST FOR
THE CONSOLIDATED MUNICIPAL ELECTION HELD ON
NOVEMBER 8, 2022, AND DECLARING THE RESULTS THEREOF”,
was presented.
Motion by Councilmember Davis, seconded by Mayor Pro Tem McCowan, to adopt Resolution No. 11484 (CCS) Accepting the Official Canvass and Official Statement of Votes Cast for the Consolidated General Municipal Election Held on November 8, 2022, and Declaring the Results Thereof. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ADJOURNMENT THE
CURRENT COUNCIL
On order of the Mayor, City Council, as presently constituted, was adjourned and the meeting was turned over to the City Clerk Denise Anderson-Warren.
INSTALLATION OF NEW OFFICERS
SANTA MONICA
COLLEGE BOARD OF
TRUSTEES
4.C. Administration of Oath of Office to New Santa Monica College Board of Trustees Members, was presented.
City Clerk Anderson-Warren administered the oath of office to newlyelected Community College Board of Trustees Members Sion Roy, Nancy Greenstein, Tom Peters and Barry Snell.
SANTA MONICA
MALIBU UNIFIED
SCHOOL DISTRICT
BOARD
4.D. Administration of Oath of Office to New Santa Monica Malibu Unified School District Board, was presented.
City Clerk Anderson-Warren administered the oath of office to newly elected School District Board Members Laurie Lieberman, Richard Tahvildaran-Jesswein, Stacy Rouse and Alicia Mignano.
RENT CONTROL BOARD 4.E. Administration of Oath of Office to New Santa Monica Rent Control Board Members, was presented.
City Clerk Anderson-Warren administered the oath of office to newly elected Rent Control Board Members Ericka Lesley, Daniel Ivanov and Kurt Gonska.
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Packet Pg. 459 Minutes Acceptance: Minutes of Dec 6, 2022 6:00 PM (CONSENT CALENDAR) 3 December 6, 2022
CITY COUNCIL 4.F. Administration of Oath of Office to New Santa Monica City Councilmembers, was presented.
City Clerk Anderson-Warren administered the oath of office to newly elected Councilmembers Caroline Torosis, Jesse Zwick and Lana Negrete.
CONVENING OF THE
NEW CITY COUNCIL
AND ELECTION OF
MAYOR AND MAYOR
PRO TEMPORE
4.G Convening of new City Council, was presented.
• Roll Call
PRESENT: Councilmembers de la Torre, Brock, Zwick, Negrete, Davis, Parra, and Torosis
• Election of Mayor for the ensuing two years
The City Clerk opened the floor for nominations for electing of Mayor for the ensuing two years.
Motion by Councilmember Brock, seconded by Councilmember Negrete, to combine the election of Mayor and Mayor Pro Tem. The motion was approved by the following vote:
AYES: Councilmembers Parra, Davis, Negrete, Torosis, Zwick, Brock, de la Torre
NOES: None
ABSENT: None
Questions ask and answered of staff included: whether the previous motion was permissive; whether Councilmember Davis served as Mayor previously; and can previouslymade motions be voted on again.
Discussion included concerns that the current selection process creates divisiveness; and the possibility of directing staff to come back with a rotating Mayor process that might create more unity.
Motion by Councilmember Parra, seconded by Councilmember de la Torre, to appoint Councilmember Brock as Mayor for the first year and Councilmember de la Torre as Mayor for the second year, and Councilmember Negrete as Mayor Pro Tem for both years.
Substitute motion by Councilmember Torosis, seconded by Councilmember Davis, to appoint Councilmember Davis as Mayor and Councilmember Negrete as Mayor Pro Tem for the first year and then switch seats for the second year with Councilmember Negrete as Mayor and Councilmember Davis as Mayor Pro Tem.
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Packet Pg. 460 Minutes Acceptance: Minutes of Dec 6, 2022 6:00 PM (CONSENT CALENDAR) 4 December 6, 2022
The motion failed by the following vote:
AYES: Councilmembers Davis, Torosis, Zwick
NOES: Councilmembers Parra, Negrete, Brock, de la Torre ABSENT: None
Substitute motion by Councilmember Torosis, seconded by Councilmember Zwick, to appoint Councilmember Davis as Mayor and Councilmember Negrete as Mayor Pro Tem the first year, and Councilmember Negrete as Mayor and Councilmember Brock as Mayor Pro Tem the second year.
The motion failed by the following vote:
AYES: Councilmembers Torosis, Zwick, Davis
NOES: Councilmembers de la Torre, Brock, Negrete, Parra ABSENT: None
Substitute motion by Councilmember Torosis, seconded by Councilmember Davis, to appoint Councilmember Davis as Mayor for the first year, Councilmember Brock as Mayor for the second year with Councilmember Negrete serving as Mayor Pro Tem for both years. The motion was approved by the following vote:
AYES: Councilmembers Davis, Negrete, Zwick, Torosis
NOES: Councilmembers Parra, Brock, de la Torre
ABSENT: None
END OF INSTALLATION OF NEW OFFICERS
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 7:26 p.m.
ATTEST: APPROVED:
Denise Anderson-Warren Sue Himmelrich
City Clerk Mayor
APPROVED:
Gleam Davis
Mayor
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Packet Pg. 461 Minutes Acceptance: Minutes of Dec 6, 2022 6:00 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 8.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: 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 mid-December. (CONTINUED FROM 11/29/2022)
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022
B. Written Comment
C. Written Comment
8.A
Packet Pg. 462
1 1685 Main Street, Santa Monica, CA 90401 • (310) 458-8411 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity Housing Commission
26 October 2022
Mayor Himmelrich and City Council Members
1685 Main Street
Santa Monica, CA 90401
Dear Santa Monica City Council,
The Santa Monica Housing Commission voted on 6 October 2022 to advise the City Council and Housing Authority Board to direct Santa Monica Housing Authority (SMHA) staff to do the following by the January 2023 Department of Housing and Urban Development (HUD) deadline for such actions:
1. Change the SMHA Housing Choice Voucher (HCV) payment standard basis from an exception to the Fair Market Rate (FMR) to the Small Area Fair Market Rate (SAFMR) with some corrections, and
2. Increase SMHA HCV payment standards to reflect current market rents, using available discretionary measures.
Recommendation 1
The Housing Commission strongly advises changing the HCV payment standard from the greater Los Angeles area metro Fair Market Rate (FMR) for several reasons:
A. The LA metro FMR is historically significantly lower than the FMR in Santa Monica1; it is not a logical basis from which to begin determining a payment standard for Santa Monica.
B. Because the LA metro FMR is inadequate for Santa Monica, SMHA must deviate from the metro FMR by utilizing a HUD exception to increase payment standards accordingly. In 2016 that exception was approximately 175% of the metro FMR for a two bedroom unit.
C. Continuing to bridge the discrepancy between the metro FMR and Santa Monica rents with an exception from HUD gives an artificially and inappropriately low baseline that contributes to 1 See https://www.huduser.gov/portal/datasets/fmr.html for Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area; https://www.huduser.gov/portal/datasets/fmr/smallarea/index.html for Santa Monica zip codes 90401-90405.
8.A.a
Packet Pg. 463 Attachment: ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022 (5513 : Housing Authority Small Area 2 1685 Main Street, Santa Monica, CA 90401 • (310) 458-8411 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity unfair housing practices. Disability accessible housing is difficult to find, especially in Santa Monica. Where it does exist, it tends to be more expensive than average units. However, disabled, low income Santa Monicans are uniquely prevented from receiving a payment standard increase as a reasonable accommodation of disability, despite the ubiquity of this practice nationwide, because HUD caps PHA approval of such exceptions at 120% of the metro FMR2, which the SMHA payment standard already exceeds with the HUD exception. While HUD may approve a payment standard above 120% as a reasonable accommodation3, such approvals are rare, and usually do not exceed 140% metro FMR4, which the SMHA payment standard also already exceeds with the HUD exception. Therefore, a metro FMR payment standard basis for SMHA payment standards uniquely discriminates against disabled and low income Santa Monicans, preventing them from securing accessible local housing.
The Housing Commission strongly recommends changing the SMHA HCV payment standard basis to the Small Area Fair Market Rate (SAFMR) for several reasons:
D. SAFMR, unlike the metro FMR, defines fair market rate by individual zip code5 instead of the average of all zip codes across a large region. By definition, it is tailored to the actual housing prices in the City of Santa Monica, zip codes 90401-90405.
E. SAFMR does not require a HUD payment standard exception to mitigate a fundamentally inaccurate metro FMR.
F. The National Housing Law Project (NHLP) and Poverty and Race Research Action Council (PRRAC) recommend SAFMR as best practice across housing jurisdictions because it is granular, and therefore more fair and efficient. Payment standards based on SAFMR raise or lower those based on metro FMR according to hyperlocal housing costs, resulting in payment standards that are neither too high nor too low for an area.6 G. Because a SMHA HCV payment standard based on SAFMR may be raised to 120% SAFMR by the PHA as a reasonable accommodation of a disability, and higher if necessary with HUD approval, disabled, low income Santa Monicans will be provided with more equal access to housing via SMHA programs, as required by federal law.7 Furthermore, the Housing Commission recommends that SMHA ask HUD to reevaluate the listed SAFMR for zip codes 90404 and 90405, which are lower than actual market rates in those areas due 2 24 CFR § 982.505(d).
3 24 CFR § 982.503(c)(3).
4 Personal communication with HUD staff, late 2021.
5 https://www.huduser.gov/portal/datasets/fmr/smallarea/index.html 6 https://prrac.org/wp-content/uploads/2018/07/NHLP_PRRAC_Voluntary_SAFMR_One-Pager.pdf 7 https://www.hud.gov/program_offices/fair_housing_equal_opp/disability_overview
8.A.a
Packet Pg. 464 Attachment: ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022 (5513 : Housing Authority Small Area 3 1685 Main Street, Santa Monica, CA 90401 • (310) 458-8411 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity to insufficient data. While this request is important to ensure the federally determined SAFMR is accurate throughout Santa Monica, it need not delay or immediately impact the Housing Commission’s other recommendations, as there are discretionary corrective measures available to SMHA to make minor adjustments to SAFMR in select zip codes, as detailed below.
Recommendation 2
In addition to changing the SMHA HCV payment standard basis from a broad and inaccurate metro area FMR to a granular and custom SAFMR, the Housing Commission also strongly recommends SMHA raise the resulting HCV payment standards to accurately reflect current Santa Monica market rents. This is crucial for several reasons:
A. Adequate HCV payment standards are required to ensure issued HCVs can be utilized at all.
Santa Monica’s outdated payment standards currently make it difficult for SMHA program participants to find habitable housing to which they can apply their HCV8.
B. Adequate HCV payment standards are required to ensure SMHA program participants can utilize their HCVs across the city, not just in the Pico and Downtown neighborhoods, particularly areas lining I-10, where they are currently concentrated. Such housing mobility affirmatively furthers fair housing as directed by HUD.9
C. The primary data underlying annual SAFMR determinations by HUD are 2-6 years old10.
Therefore, annual SAFMR listings will always be somewhat out of date, potentially requiring Public Housing Authorities (PHAs) to make discretionary adjustments to account for current market rents.
D. In times of economic and social upheaval, such as the prolonged coronavirus pandemic, market rents may shift more than usual, requiring local correction to ensure HCVs remain usable.
Changing the SMHA payment standard basis to a SAFMR model, as the Housing Commission strongly recommends, would increase the payment standards for each Santa Monica zip code as indicated in Table 2 below, except where highlighted in yellow. These highlighted portions show problematic impacts, mostly on the Pico Neighborhood.
8 Personal experience and hundreds of personal communications, 2021-2022. 9 https://www.hud.gov/AFFH 10 https://www.federalregister.gov/documents/2022/09/01/2022-18905/fair-market-rents-for-the-housing-choice-voucherprogram-moderate-rehabilitation-single-room
8.A.a
Packet Pg. 465 Attachment: ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022 (5513 : Housing Authority Small Area 4 1685 Main Street, Santa Monica, CA 90401 • (310) 458-8411 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity Based on data and recommendations submitted to the Housing Commission by Denise McGranahan, Senior Staff Attorney at the Legal Aid Foundation of Los Angeles (LAFLA), Santa Monica Office11, the Housing Commission strongly recommends the following additional changes to address concerns about the 90404 and 90405 zip codes:
In addition to changing the payment standard basis to SAFMR, increase payment standards for the zip codes and unit sizes highlighted in yellow in Table 2 (1-4 bedroom units in 90404; 2 bedroom units in 90405) to 120% SAFMR as indicated in the figures in Table 2 highlighted in green.
Table 1: Current SMHA payment standards based on metro FMR, unchanged since 201612 0 Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom
Table 2: Santa Monica payment standards at 100% SAFMR by zip code, with 120% SAFMR for negatively impacted unit sizes in 90404 and 9040513
Zip Code 0 Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 90401 $2210 $2520 $3200 $4160 $4570
90402 $2020 $2300 $2930 $3810 $4180
90403 $2260 $2580 $3280 $4260 $4680
90404 $1620 $ 1850 $ 2350 $ 3050 $ 3350
90405 $1820 $2070 $ 2630 $3420 $3750
120% SAFMR
90404 — $ 2220 $ 2820 $ 3660 $ 4020
120% SAFMR
90405 — — $ 3156 — —
11 Correspondence from Denise McGranahan, Senior Staff Attorney at LAFLA, Santa Monica Office, 6 October 2022. 12 https://www.santamonica.gov/housing-payment-standard%5C 13 Correspondence from Denise McGranahan, Senior Staff Attorney at LAFLA, Santa Monica Office, 6 October 2022. $1512 $1930 $2640 $3366 $3366
8.A.a
Packet Pg. 466 Attachment: ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022 (5513 : Housing Authority Small Area 5 1685 Main Street, Santa Monica, CA 90401 • (310) 458-8411 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity Agencies in any metropolitan area that voluntarily adopt a SAFMR payment standard basis have the option to set payment standards for any or all of the ZIP codes they serve, simply by notifying HUD by email. Furthermore, as with exception payment standards, housing authorities can increase payment standards to 120% SAFMR through December 2023 with field office approval.14 The Housing Commission strongly recommends the latter action, increasing the payment standards in the zip codes and unit sizes highlighted in yellow to 120% SAFMR.
City staff have and continue to argue that raising the SMHA payment standard will reduce the total number of vouchers in Santa Monica. This argument is problematic for several reasons:
1. It is disingenuous to denounce relatively fewer vouchers when SMHA does not issue all of the vouchers they currently have.
2. It assumes SMHA is permitted a finite number of vouchers, which is inaccurate. The federal government has increased, and has announced it will continue to increase, HUD spending, making more vouchers available; SMHA only has to request them.
3. Many SMHA HCV holders already occupy units with contract rents that exceed current payment standards. These low income Santa Monicans are leaving and will continue to leave Santa Monica because insufficient payment standards force them to pay the ever increasing difference between the voucher value and the contract rent, resulting in widespread rent burden that often exceeds 50% of program participants' income.
4. Finally, and perhaps most importantly, a higher number of SMHA vouchers with payments standards too low to utilize in Santa Monica are worthless. Program participants must find an apartment to rent for less than the payment standard amount within a fixed timeframe or they lose their vouchers. Those forfeited vouchers are subsequently issued to others, who face the same difficulty using them, and so on. Higher numbers of unusable vouchers cannot be preferable to lower numbers of usable vouchers.
The Santa Monica Housing Authority payment standards are counterproductively outdated and low.
Furthermore, the poorly correlated metro FMR payment standard basis poses several challenges.
Fortunately, HUD provides a clear solution for cities like Santa Monica, where SAFMR based payment standards may be adopted and adjusted as needed, thereby more closely aligning payment standards with the precise local market rents to which they must apply.
Santa Monica has an opportunity to demonstrate, and include in annual SMHA reporting, its active efforts to increase HCV utilization and affirmatively further fair housing. Please ensure this vital progress by directing staff to adopt the Housing Commission recommendations detailed above with 14 Correspondence from Denise McGranahan, Senior Staff Attorney at LAFLA, Santa Monica Office, 6 October 2022.
8.A.a
Packet Pg. 467 Attachment: ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022 (5513 : Housing Authority Small Area 6 1685 Main Street, Santa Monica, CA 90401 • (310) 458-8411 • [email protected] santamonica.gov • @cityofsantamonica • @santamonicacity haste, and before all relevant HUD deadlines for 2023 implementation of such changes. Thank you in advance for your consideration of this increasingly urgent matter for thousands of low income Santa Monicans.
Sincerely,
Michelle Gray
Chair, Santa Monica Housing Commission
On behalf of the entire Santa Monica Housing Commission
8.A.a
Packet Pg. 468 Attachment: ADD-TO: HC Report and Recommendations for SMHA Payment Standard Changes Oct 2022 (5513 : Housing Authority Small Area EE v, T 'rs. ' a $
Item 16.E
11/15/22
1 of 4 Item 16.E
11/15/22
8.A.b
Packet Pg. 469 Attachment: Written Comment (5513 : Housing Authority Small Area Fair Market Rate) *
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Item 16.E
11/15/22
2 of 4 Item 16.E
11/15/22
8.A.b
Packet Pg. 470
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Item 16.E
11/15/22
3 of 4 Item 16.E
11/15/22
8.A.b
Packet Pg. 471 Attachment: Written Comment (5513 : Housing Authority Small Area Fair Market Rate) 1 Vernice Hankins
From: Theresa Marasco <[email protected]>
Sent: Tuesday, November 15, 2022 12:02 PM
To: councilmtgitems; Sue Himmelrich; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Gleam Davis; Kristin McCowan; David White
Subject: 11/15/2022 Agenda Item 16-E
EXTERNAL
Dear Mayor and City Council Members:
Please approve agenda item 16-E. Orange County and Los Angeles County Housing Choice Vouchers have already been increased and are now worth more than Santa Monica's vouchers. It's a no brainer and easy to do.
Thank you.
Very truly yours,
Theresa H. Marasco
(720) 226-4051
Item 16.E
11/15/22
4 of 4 Item 16.E
11/15/22
8.A.b
Packet Pg. 472 Attachment: Written Comment (5513 : Housing Authority Small Area Fair Market Rate) 1 Vernice Hankins
From: OZ <[email protected]>
Sent: Tuesday, November 29, 2022 11:57 AM
To: councilmtgitems
Cc: Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Kristin McCowan; Gleam Davis; David White; Douglas Sloan; Andy Agle; James Kemper; Sam Catanzaro; Dolores Quintana; Jorge Casuso; [email protected]; Emily Sawicki
Subject: 👍 SUPPORT 16-E: voucher payment standard+Small Area FMRs
EXTERNAL
—> How you vote on this item is a test on whether you support affordable housing in Santa Monica. <—
If you vote no, clearly you don’t support affordable housing for the lowest-income citizens, including those coming out of homelessness. You do want to address homelessness and provide housing for those unhoused, don't you?
This item is long overdue, and urgent also due to an external (HUD) deadline in January.
The currently used, 6-year-old, outdated voucher payment standard is not sufficient to allow voucher holders access to affordable housing in our uber expensive city. The payment standards for the County of Los Angeles and Orange County are higher than ours, even though the rents in Santa Monica are higher than the average rent in those counties.
The switch from a uniform voucher payment standard throughout the city to a Small Area FMR would grant the lowest-income tenants in Santa Monica access to housing in all parts of the city, not just the low-opportunity neighborhoods with lowest rents. It would affirmatively further fair housing by preventing a concentration of vouchers in low-rent areas, which is currently happening.
Please vote YES on this item.
*
This is also to demand that Himmelrich recuse herself from this item due to her self-reported bias towards the Housing Commission (see the 2/22/22 City Council meeting).
The most recent representation of Himmelrich’s bias was the fact that she REFUSED to agendize Housing Commission’s reports as a City Council 13 item, which is an item designated for reports of city boards and commissions to provide an avenue for the advisory boards to communicate with the City Council. This resulted in a delay in getting this item on the agenda, which in turn risks jeopardizing this item due to an external January deadline (HUD) regarding the Small Area FMRs.
Question: in what modern, progressive city is the mayor allowed to single-handedly prevent an item like this from being agendized because she is upset that her husband is no longer eligible to serve on the Housing Commission, (where incidentally he never showed an interest in fixing the outdated Item 8.D
11/29/22
1 of 2 Item 8.D
11/29/22
8.A.c
Packet Pg. 473 Attachment: Written Comment (5513 : Housing Authority Small Area Fair Market Rate) 2 voucher payment standard to make sure the lowest-income Santa Monicans have a fair shot at finding housing)?
Where was our City Manager in all this?
How about the Mayor Pro Tem?
By the way, Ms. McCowan, minorities are disproportionately represented among Santa Monica’s voucher holders when compared to the city’s general population. Do you care about those very low income minorities and their ability to access to affordable housing in the city? Regards,
Olga Zurawska
Item 8.D
11/29/22
2 of 2 Item 8.D
11/29/22
8.A.c
Packet Pg. 474 Attachment: Written Comment (5513 : Housing Authority Small Area Fair Market Rate) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity and Participation of Lobbyists on City of Santa Monica Boards and Commissions
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 25, 2022, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Sections 4.85.010 and 4.85.015 related to lobbying activity and participation of lobbyists on City of Santa Monica Boards and Commissions. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:
A. CC-Ord-Lobbying-2nd
10.A
Packet Pg. 475
1 City Council Meeting: December 13, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.010, DEFINITIONS, AND ADDING SECTION 4.85.015 TO PROHIBIT ANY INDIVIDUAL FROM SERVING
OR CONTINUING TO SERVE ON A CITY BOARD, COMMISSION, TASK FORCE, OR
ADVISORY BOARD IF THAT INDIVIDUAL HAS ENGAGED IN LOBBYING ACTIVITIES
IN THE CITY OF SANTA MONICA IN THE TWO YEARS PRIOR TO APPOINTMENT WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyists to register with the City Clerk’s office; and WHEREAS, all lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change; and the ordinance includes a list of exemptions intended to ensure the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights; and
WHEREAS, at its July 13, 2021, meeting, Council directed staff to return with a proposed ordinance, similar to that in place in other municipalities, that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate; and
WHEREAS, this ordinance addresses the items in Council’s July 13, 2021, direction to staff.
10.A.a
Packet Pg. 476 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 4.85.010 is hereby amended as follows:
4.85.010 Definitions.
“Lobbyist” means any individual who receives economic consideration as the employee, representative, or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing City action. Lobbyist also includes an Expenditure Lobbyist. “Economic Consideration” means monetary or in-kind payment or remuneration in an amount in excess of $50.00, or the expectation of such remuneration, for engaging in the legislative advocacy. Compensation does not include the salary of an employee who devotes less than 20% of that employee’s work time to legislative advocacy during any one year and who engages in legislative advocacy only on behalf of a single employer.
Compensation also does not include reimbursement of or payments for reasonable travel or business expenses, such as copying, telephone charges and meals. “Expenditure Lobbyist” means any person, other than any government entity, or officer or employee of a government entity acting in an official capacity, who advises regarding, or makes, payments or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year for directing or guiding public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, or studies with the intent of soliciting, requesting or urging, directly or indirectly, other persons to communicate directly with a City official in order to influence any City action.
10.A.a
Packet Pg. 477 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading) 3 Expenditure lobbyist shall not include: a) a person who pays compensation to a legislative advocate or who pays compensation to another representative who appears at a hearing on any City action; b) a person who pays dues to a membership organization that is ongoing in nature and whose membership services do not consist exclusively of legislative advocacy; c) an organization who makes payments to distribute communications to its members; and d) a person engaged in publication or broadcasting of news items, editorials, or commentary, provided that the person is not compensated to take a specific position.
For purposes of this Chapter, “Lobbyist” does not include the following:
(a) City contractors and those seeking City contracts on their own behalf through bids and proposals;
(b) Licensed architects;
(c) Licensed professional engineers;
(d) Representatives of other government agencies.
“Official” means any person who is:
(a) A member of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or commission;
(c) The City Manager, City Attorney, and City Clerk;
(c) A City department director; and
(d) Any other person who is required to file a Statement of Economic Interest in connection with the City of Santa Monica.
SECTION 2. Santa Monica Municipal Code Section 4.85.015 is hereby added as
10.A.a
Packet Pg. 478 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading) 4 follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.
(a) Any person who has been a Lobbyist in the prior two years prior to the start of a term, and once appointed, shall be ineligible to be appointed or to continue to serve on a City board, commission, task force, or advisory board.
(b) The Council, by a two-thirds vote of the Council, may appoint a person to a board, commission, task force, or advisory board, despite otherwise being disqualified under this Chapter, for good cause, including but not limited to unavailability of qualified candidates.
SECTION 3. 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 affect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
10.A.a
Packet Pg. 479 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading) 5 of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.A.a
Packet Pg. 480 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 8.08.060 to Extend Building Permit Application Expiration Dates for Projects Requiring a Coastal Development Permit Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on October 25, 2022, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Section 8.08.060 to extend building permit application expiration dates for projects requiring a Coastal Development Permit.
The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:
A. BS-Ord-Permit Extenstion-2d
10.B
Packet Pg. 481
1 City Council Meeting: December 13, 2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN ORDINANCE OF THE SANTA MONICA CITY COUNCIL
AMENDING MUNICIPAL CODE SECTION 8.08.060 TO EXTEND
THE EXPIRATION DATE OF BUILDING PERMIT APPLICATIONS FOR
PROJECTS REQUIRING A COASTAL DEVELOPMENT PERMIT
WHEREAS, Santa Monica Municipal Code Section 8.08.060 sets forth timeframes for expiration of permit applications; and
WHEREAS, after expiration of a permit application, applicants are required under Section 8.08.060(h)(2) to submit a new permit application, new submittal documents, and be subject to a new plan review fee; and
WHEREAS, requiring a project to resubmit for new building permit applications significantly delays the overall processing time and may potentially cause a project to jeopardize its land use entitlement from City Planning due to expiration; and WHEREAS, new development on properties within the Coastal Zone also require the issuance of a Coastal Development Permit (“CDP”) from the California Coastal Commission during the City’s review process, and evidence of an approved CDP is required prior to the issuance of a building permit; and WHEREAS, approval of CDP is a lengthy process that is often difficult to complete within the currently prescribed building permit application timeframe of one year; and WHEREAS, many new development projects also include a housing component, which is of critical importance to the City and State of California; and
10.B.a
Packet Pg. 482 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) 2 WHEREAS, such housing development may also contain an associated tract map, which expires two years from its approval if a building permit is not issued and which may be extended up to six years pursuant to the Subdivision Map Act; and WHEREAS, to address the needs of the lengthy processing timelines associated with new development involving a CDP, and to consolidate the varying expiration dates associated with a project, City Council seeks to extend the building permit application date for projects in the Coastal Zone to three years from the date of filing a building permit application, or concurrent with the term of any vesting tentative map for the project if applicable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 8.08.060 is hereby amended as follows:
8.08.060 Permit application.
(a) Application. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the Building Officer for that purpose. Every such application shall identify and describe the work to be covered by the permit for which each application is made, the responsible party for the work and such other information that the Building Officer may require to show conformance to applicable laws and regulations. When an architect or engineer prepares or is required to prepare submittal documents, the application shall designate the architect and/or engineer of record. (b) Submittal Documents. When required by the Building Officer, plans, specifications, engineering calculations, diagrams, soil investigation reports, sound tests,
10.B.a
Packet Pg. 483 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) 3 material tests, Construction Management Plans as required by Chapter 8.98 of this Code, special inspection and structural observation programs and other data shall be submitted with each application for a permit. When an architect or engineer does not prepare such plans, the Building Officer may require the applicant submitting such plans or other data to demonstrate that State law does not require that a licensed architect or engineer prepare the plans before accepting submittal documents or permit application.
Deferral of any submittal items shall require prior approval of the Building Officer.
If the Building Officer approves the deferral of submittals to a time after permit issuance, the approved plans shall list the deferred submittals. The deferred submittal items shall not be installed until the Building Officer has approved their design and submittal documents.
(c) Investigation. Whenever work for which a permit is required by this Chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work when so ordered by the Building Officer.
(d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of all relevant laws, ordinances, rules and regulations.
(e) Special Inspection and Structural Observation Program. When the Building Code requires special inspection and/or structural observation, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Officer for approval prior to issuance of the building permit. The inspection
10.B.a
Packet Pg. 484 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) 4 program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors, including any required nondestructive testing.
The Building Officer, or when approved by the Building Officer, the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work, shall employ the special inspector. When structural observation is required, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. (f) Preconstruction Meetings. The Building Officer may require the permit holder to participate in a preconstruction conference prior to the completion of plan review and permit issuance to review the plans and specifications for adequacy and sufficiency of details and conformance to building standards and interpretations. (g) Change of Architect or Engineer of Record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all the duties required of the original architect or engineer of record. In such cases, the owner shall notify the Building Officer in writing if the architect or engineer of record is changed or is unable to continue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. (h) Expiration of Application for Permit.
10.B.a
Packet Pg. 485 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) 5 (1) A permit application shall expire if no permit is issued within one year after the date the permit application is filed, except as provided below. (A) An application for a demolition permit for the demolition of residential buildings and structures, which are subject to the replacement project requirements of the City’s Zoning Ordinance, shall expire if no permit is issued within two years following the date the application is filed.
(B) An application for a permit for a project subject to the construction rate program of the City’s Zoning Ordinance shall not expire while that project remains on the waiting list for a building permit.
(C) An application for a demolition permit for a building or structure in which the original permit was issued more than forty years before the date of filing of the demolition permit application shall expire if no permit is issued within three years following the date the application is filed.
(D) An application for a project that requires a Coastal Development Permit shall expire if no building permit is issued within three years of the building permit application filing date; however, if the project includes an approved vesting tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project.
(2) No action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or purged by the Building Officer. To obtain a permit, applicants shall submit a new application, new submittal documents and pay a new plan review fee. All applicable standards in effect at the time of the new application shall then apply to the project.
10.B.a
Packet Pg. 486 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) 6 (i) Extensions. The Building Officer may grant one six-month extension of the one-year plan check time period set forth in subsection (h)(1) above, if the applicant demonstrates that:
(1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed which would cause the development project at issue to be inconsistent with such amended provisions; and
(3) Any approvals granted under Article IX of the Municipal Code are still valid and have not expired; and
(4) Circumstances beyond the control of the applicant have prevented the permit from being issued in the authorized time period.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
10.B.a
Packet Pg. 487 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) 7 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.B.a
Packet Pg. 488 Attachment: BS-Ord-Permit Extenstion-2d (5448 : Permit Extension - Second Reading) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 10.C
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Section 3.12.1055 to Authorize the Operation of RemoteControlled Personal Delivery Devices (PDDs) and Prohibit the Operation of Autonomous Delivery Devices
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on November 15, 2022, the City Council introduced 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. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council
Attachments:
A. PD-Ord-Remotely Controlled Devices-2d
10.C
Packet Pg. 489
1 City Council Meeting: December 13, 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 3.12.1055 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.
10.C.a
Packet Pg. 490 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.1055 of the Santa Monica Municipal Code is hereby amended as follows:
3.12.1055 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,
10.C.a
Packet Pg. 491 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading) 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.
10.C.a
Packet Pg. 492 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading) 4 (d) This Section shall not apply to vehicles regulated solely under the autonomous vehicle sections of the California Vehicle Code.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.C.a
Packet Pg. 493 Attachment: PD-Ord-Remotely Controlled Devices-2d (5496 : Delivery Devices - Second Reading) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 10.D
1 of 9
To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance to Allow 100% Affordable Housing Projects to Request Waivers or Reductions of Development Standards Pursuant to State Density Bonus Law Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) Guidelines § 15162 based on a determination that the proposed project was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021 with an Addendum to the EIR approved on October 11, 2022.
2. Introduce and adopt an emergency interim zoning ordinance to allow 100% affordable housing projects that receive unlimited density and up to three stories or 33 feet in additional height under State Density Bonus Law to request additional waivers or reductions of development standards.
Summary
On October 11, 2022, the City Council adopted an amended 6th Cycle (2021-2029) Housing Element, which was subsequently certified by California’s Housing and Community Development Department (“HCD”) as compliant with State Housing Element Law on October 14, 2022. The City’s certified 6th Cycle Housing Element includes a commitment to implement certain programs by October 15, 2023, that focus on planning for new housing units consistent with the City’s Regional Housing Needs Assessment (“RHNA”) allocation of 8,895 housing units with approximately 70 percent allocated as affordable housing. One of the key principles of the 6th Cycle Housing Element, consistent with the City’s RHNA allocation and longstanding commitment to affordable
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housing, is to increase housing production for all, with an emphasis on production of affordable housing units in Santa Monica.
State Density Bonus Law provides significant advantages for 100% affordable housing projects that are within one-half mile of a “major transit stop”, which, for purposes of State law, includes, but is not limited to, rail stations, bus rapid transit stations, and the intersection of certain qualifying bus routes. These advantages include:
• Extra 3 stories or 33 feet of building height;
• No maximum controls on density (i.e., no limit to number of units in the project’s building envelope); and
• Up to four (4) incentives/concessions from development standards in the Municipal Code.
In addition to incentives and concessions, projects that request a State Density Bonus also typically have the option of also requesting waivers or reductions of development standards that physically preclude development of a project. Prior versions of State Density Bonus Law prohibited 100% affordable housing projects that receive unlimited density from also being able to request waivers or reductions of development standards (in addition to the 4 incentives/concessions already granted). However, in processing projects, staff has found that this may constitute a barrier to 100% affordable housing projects that need more relief from the code as contemplated by State Density Bonus Law.
As a result, staff proposes an Emergency Interim Zoning Ordinance (“IZO”) to remove potential barriers to production of 100% affordable housing projects that are within onehalf mile of a major transit stop on an interim basis while the City continues implementation of adopted Housing Element programs. Housing Element implementation, which is scheduled to be presented to the City Council in Spring 2023, includes comprehensive rezoning and process streamlining as set forth in required 6th Cycle Housing Element Programs including but not limited to 1F (Downtown standards), 1J (Citywide standards), 2C (AHPP Update), and 2D (State Density Bonus). More
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specifically, for purposes of the proposed Emergency IZO, Housing Element Program 2D requires revisions to the City’s Density Bonus Ordinance to ensure consistency with recent changes in State Density Bonus Law, California Government Code Section 65915 et seq. (“SDBL”).
The proposed Emergency IZO would allow these projects to request “waivers or reductions” of development standards that would physically preclude the development of the affordable housing project.
Staff will be proposing that this change be made on a permanent basis in Spring 2023 as part of implementation of Housing Element Program 2D, which includes a broader Density Bonus Ordinance update. In the interim, in order to continue to support the production of 100% affordable housing development, the proposed Emergency IZO is recommended for adoption immediately. This would help to ensure the City does not lose the opportunity to approve applications for 100% affordable housing projects, which are generally subject to strict processing timelines to secure funding. A delay in implementation of this provision could threaten an 100% affordable housing project’s ability to move forward and could, as a result, threaten the City’s ability to meet its RHNA allocation goals.
Background
State Density Bonus Law
The State legislature’s stated purpose of the SDBL is to allow public entities to reduce or even eliminate subsidies for housing projects by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units, and to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy. The additional units granted under SDBL are referred to as a “density bonus”, and the regulatory incentives include “incentives or concessions”, and “waivers or reductions of development standards”.
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For purposes of SDBL, “development standard” includes, but is not limited to, a height limitation, a setback requirement, a floor area ratio or parcel coverage limitation, an onsite open-space requirement, or a parking requirement.
Under SDBL, the City is required to grant a density bonus to any housing development project that sets aside a minimum percentage of units as affordable. The density bonus increases based on the number of affordable units set aside, with the highest density bonus for mixed-income projects being 50%. Depending on the percentage of affordable housing units in a project, developers can request up to four incentives or concessions and additionally may request waivers or reductions of development standards.
The City may only deny a request for regulatory incentives based on certain findings.
Specifically, to deny an incentive or concession, the City is generally required to demonstrate that the incentive or concession would not result in identifiable and actual cost reductions to provide for affordable housing, and to deny a request for a waiver or reduction of a development standard, the City is generally required to demonstrate that the waiver or reduction would not physically preclude the developer from constructing the project.
AB 1763
On October 9, 2019, the Governor of California signed 18 bills into law to stimulate housing production, including Assembly Bill 1763, which amends the SDBL to provide for increased density bonuses and incentives and concessions for 100% affordable housing developments. For purposes of SDBL, a 100% affordable housing development is defined as a housing project with 100% of all units in the development for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households.
Under AB 1763, 100% affordable housing developments are automatically granted a density bonus equal to an 80% increase in units and up to 4 incentives or concessions.
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In addition, if the 100% affordable housing project is within one-half mile of a major transit stop, the City is required to grant the housing development unlimited density and a height increase of up to three additional stories, or 33 feet. Although the City is required to grant the project “unlimited density”, the City is still able to limit the height of the project to 33 feet or three stories above the maximum for the applicable zoning district. Unlimited density in this context means that the City cannot place a limitation on the number of affordable units that fit within the building envelope.
However, AB 1763 also declared that 100% affordable housing developments that received unlimited density could not request additional waivers or reductions of development standards.
City’s Implementation of AB 1763
AB 1763 became effective on January 1, 2020. On September 8, 2020, the City Council adopted Ordinance Number 2649 (CCS), which, in part, updated Santa Monica Municipal Code (SMMC) Chapter 9.22 to incorporate updates made by AB 1763. In accordance with AB 1763, Santa Monica Municipal Code Section 9.22.070(C) prohibits a developer to request additional waivers or reductions of development standards for 100% affordable housing developments that received unlimited density.
AB 2345
In order to further encourage the development of 100% affordable housing projects, the State legislature passed Assembly Bill 2345, which became effective on January 1, 2021, and expressly authorizes cities to grant additional waivers or reductions to development standards that were formerly prohibited under Assembly Bill 1763.
Consequently, the City now has the option to grant the additional waivers or reductions that the City determines is necessary to allow the construction of 100% affordable housing projects. No additional height is allowed for these projects. During this interim period, staff will further research whether the City can limit the categories of waivers or reductions of development standards that an 100% affordable housing project applicant can request.
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Discussion
Under SMMC Chapter 9.22, and in accordance with SDBL, the City is required to grant unlimited density and up to three stories or 33 feet in height when requested for 100% affordable housing developments located within a ½ mile of a major transit stop (see Figure 1). In addition, those housing development projects may request up to four additional incentives or concessions, but no waivers or reductions of development standards.
Figure 1: Map of Areas within ½ mile of a Major Transit Stop By adopting the proposed Emergency IZO, the City would agree to allow developers to, in addition to what is already required by SDBL, request additional waivers and reductions in development standards.
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The proposed IZO would not allow a developer to request additional height beyond the additional 3 stories or 33 feet that the City is already required to grant under SDBL.
Waivers are generally requested to modify development standards such as setbacks, stepbacks, parcel coverage or floor area, and open space requirements, but can only be used if the development standard would physically preclude the development of the project at its permitted density and with any incentives or concessions granted. The proposed Emergency IZO would only grant developers of 100% affordable housing projects that receive unlimited density the ability to request waivers or reductions of development standards. Any request for a waivers or reductions would not be automatically granted. The proposed Emergency IZO would not affect the City’s discretion to deny a developer’s request for waivers or reductions of development standards, such as when denial of the requested waiver or reduction of a development standard would not have the effect of physically precluding the construction of the 100% affordable housing project. If the City is able to make the findings set forth in SDBL, then the City may deny a request for a waiver or reduction of development standards.
The Planning Commission has been conducting discussions on implementation of the 6 th Cycle Housing Element, and it is anticipated that the Commission will make a formal recommendation to the City Council in January 2023. If the Planning Commission makes a formal recommendation in January 2023, any changes to Chapter 9.22 to implement Program 2D would not be presented to Council before February 2023, with a likely effective date of April 2023, if adopted by Council in February 2023.
Based on this anticipated timeframe, the adoption of this Emergency IZO provides an opportunity for 100% affordable housing projects to be eligible for a wider range of assistance to make qualifying projects feasible, as authorized by SDBL. More specifically, the combination of SDBL-authorized development incentives and concessions and ability to request waivers supports the development of 100% affordable housing projects. This is particularly important, given the challenges with funding 100% affordable housing projects, which often necessitates the use of financing sources such as tax credits that establish a strict schedule for obtaining entitlements and building permits. A delay in agreeing to waivers or reductions of development
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standards before the anticipated effective date for implementation of Program 2D in the Spring of 2023, could jeopardize the production of 100% affordable housing developments within the city as well as the City’s ability to meet its RHNA allocation goals.
If adopted, the proposed Emergency IZO would take effect immediately for an initial period of 60 days, subject to extension by the City Council in accordance with Santa Monica Municipal Code Section 9.46.090(C).
Environmental Review
The proposed adoption of an Emergency IZO to allow a request for waivers of development standards in conjunction with a 100% affordable housing project utilizing State Density Bonus Law provisions was analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. This approval of an Emergency IZO implements a portion of that 6 th Cycle Housing Element project.
An analysis has been performed pursuant CEQA Guidelines § 15162 to determine whether subsequent environmental review is required for the adoption of an Emergency IZO to allow a request for waivers of development standards in conjunction with a 100% affordable housing project utilizing State Density Bonus Law provisions. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1) No substantial changes are proposed in the project which will require major revisions of the previous EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project.
2) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous addendum due to the involvement of new significant environmental effects or a
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substantial increase in the severity of previously identified significant effects. In this case, no substantial changes have occurred.
3) There is no new information, which was not known and could not have been known at the time of the previous EIR and Addendum that the project will have significant effect not discussed in the EIR and Addendum.
Based upon these findings, it has been determined that no further environmental documentation is required for this project.
Past Council Actions
Meeting Date Description
10/11/2022
(Attachment B)
Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Roxanne Tanemori, Principal Planner
Approved Forwarded to Council
Attachments:
A. Attachment A EIZO Density Bonus for Affordable Housing 121322 B. Attachment B Link to 10-11-2022 Council Meeting
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1 City Council Meeting: December 13,2022 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO UPDATE DENSITY BONUS REQUIREMENTS FOR 100% AFFORDABLE HOUSING DEVELOPMENTS
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over a 7-year period; and
WHEREAS, the City of Santa Monica has long been committed to ensuring that Santa Monica is an inclusive and affordable community despite mounting market pressures; and
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Packet Pg. 503 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus 2 WHEREAS, the City’s Land Use and Circulation Element, adopted in 2010, and Zoning Ordinance, adopted in 2015, demonstrate this commitment through providing extra bonuses and incentives for one hundred percent affordable housing; and WHEREAS, on October 9, 2019, the Governor signed 18 bills into law to stimulate housing production, including: AB 1763, which amends the State Density Bonus Law, California Government Code Section 65915 et seq. (“SDBL”), to provide for increased density bonuses and incentives and concessions for housing developments that contain one hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households (“100% affordable housing developments”); and
WHEREAS, AB 1763, in part, provides that the City may not impose maximum controls on density on 100% affordable housing developments located within one-half mile of a major transit stop, and that those 100% affordable housing developments shall receive shall also receive a height increase of up to three additional stories, or 33 feet; and
WHEREAS, AB 1763 further provides that 100% affordable housing developments that received unlimited density are not eligible for additional waivers or reductions of development standards; and
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Packet Pg. 504 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus 3 WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number 2649 (CCS) which, in part, incorporated provisions of AB 1763, including the prohibition against waivers for 100% affordable housing developments that receive unlimited density; and
WHEREAS, AB 2345, which became effective on January 1, 2021, amended the SDBL to allow a city to authorize a developer to request additional waivers or reductions of development standards for 100% affordable housing developments that receive unlimited density; and
WHEREAS, the City received a Regional Housing Needs Assessment (“RHNA”) allocation for is 6th Cycle (2021-2029) Housing Element (“6th Cycle Housing Element”) of 8,895 housing units, with approximately 70 percent allocated as affordable housing; and
WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, on October 11, 2022, the City Council adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the 6th Cycle Housing Element represents the City’s longstanding commitment to affordable housing, tenant protection, housing and services for special needs groups, homeless services, sustainable development, and fair housing; and
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Packet Pg. 505 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus 4 WHEREAS one of the four key principles of the 6th Cycle Housing Element is to increase housing production for all, with an emphasis on affordable housing; and WHEREAS, through Housing Element Program 2D, the City has committed to updating its density bonus ordinance to ensure consistency with SDBL and integration into the City’s land use system no later than October 15, 2023; and WHEREAS, on August 4, 2021, the Planning Commission adopted Resolution Number 21-007 (PCS) declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including Program 2D; and
WHEREAS, the Planning Commission has been conducting discussions on implementation of the Housing Element, and it is anticipated that the Commission will make a formal recommendation to the City Council in January 2023; and WHEREAS, if the Planning Commission makes a formal recommendation to the City Council in January 2023, it is anticipated that amendments to the Zoning Ordinance to implement Program 2D would not be presented to Council before February 2023, with a likely effective date of April 2023; and
WHEREAS, agreeing to additional waivers or reductions of development standards for 100% affordable housing developments that receive unlimited density will facilitate the development of affordable housing within the City, consistent with the key principles of the 6th Cycle Housing Element and Program 2D; and
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Packet Pg. 506 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus 5 WHEREAS, 100% affordable housing projects, with challenges in available funding, often turn to financing sources such as tax credits, which establish a strict schedule for obtaining entitlements and building permits; and WHEREAS, if the City does not agree to waivers or reductions of development standards before the anticipated effective date for implementation of Program 2D in the Spring of 2023, it could jeopardize the production of 100% affordable housing developments within the City as well as the City’s ability to meet its RHNA allocation goals; and
WHEREAS, there exists a current and immediate threat to the public health, safety and welfare due to the State’s ongoing and unprecedented housing crisis, which has resulted in the City’s RHNA allocation that heavily focuses on affordable housing production; and
WHEREAS, the City desires to immediately agree to waivers or reductions of development standards for 100% affordable housing developments that receive unlimited density; and
WHEREAS, adoption of this emergency Interim Zoning Ordinance is necessary to preserve public peace, health, safety and welfare as it will remove barriers to production of housing, particularly 100% affordable housing developments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Regulations. Notwithstanding anything to the contrary in Santa Monica Municipal Code Section 9.22.070(C), a housing development that receives a waiver from any maximum controls on density pursuant to Santa Monica
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Packet Pg. 507 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus 6 Municipal Code Section 9.22.050(B)(3)(d)(ii), and up to three additional stories or 33 feet in height in accordance with 9.22.060(A)(4), shall be eligible for, and may receive, additional waivers or reductions of development standards in accordance with the provisions of SDBL and Santa Monica Municipal Code Chapter 9.22.
SECTION 2. Any provision of the Santa Monica Municipal Code or any appendix thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective immediately upon adoption. Pursuant to Sections 615 and 619 of the City Charter, and Section 9.46.090 of the Municipal Code, 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,
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Packet Pg. 508 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus 7 with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption.
SECTION 5. This Ordinance shall be of no further force or effect sixty days from its effective date, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090(C).
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 509 Attachment: Attachment A EIZO Density Bonus for Affordable Housing 121322 (5467 : Emergency IZO Regarding State Density Bonus Attachment B
Link to the October 11, 2022 City Council:
Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element
https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID= 1320&MediaPosition=&ID=5191&CssClass=
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Packet Pg. 510 Attachment: Attachment B Link to 10-11-2022 Council Meeting (5467 : Emergency IZO Regarding State Density Bonus Provisions for 100% City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 11.A
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To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department Subject: Adoption of a Resolution Amending and Restating the Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair
Recommended Action
Staff recommends that the City Council adopt the attached Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair (Attachment A).
Summary
Amending the existing resolution establishing the Rules of Conduct of the Audit Subcommittee of the City Council is needed to clarify the timing for the election of a Subcommittee Chair and Vice-Chair.
Discussion
On July 28, 2015, Council adopted a resolution establishing an Audit Subcommittee to assist the City Council in fulfilling their oversight responsibilities for the financial reporting process, the framework for internal control, and the audit process. The resolution, which details Audit Subcommittee responsibilities, has been amended several times to allow for modifications that have clarified the duties and responsibilities of the Subcommittee and to adopt and amend Rules of Conduct.
Included in the resolution is the provision that a Chair and Vice-Chair will be elected at the first meeting of the year to preside over the Subcommittee. Members of the Audit
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Subcommittee requested clarification on whether the term “year” refers to the calendar year (beginning January 1) or the fiscal year (beginning July 1). The terms of each member, which are four years, begin on July 1 and end on June 30, matching the fiscal year. However, because the Subcommittee is a subcommittee of the City Council, with three of the five members required to be members of the City Council, the terms of the presiding officers are better aligned with the calendar year. City Council members begin and end their staggered four-year terms on the City Council in December, which may result in a vacancy or vacancies on the Audit Subcommittee, including the Chair or Vice-Chair, that must be filled. Such a vacancy would be filled most expediently at the meeting following the completion of a Councilmember’s term, which would be the first meeting of the calendar year after a general election. The Audit Subcommittee approved this clarification to Section 5 of the Resolution at its November 28, 2022 meeting.
At the same meeting, Audit Subcommittee members voted to propose to the Council that the qualification requirement for the two City residents appointed to the Subcommittee be changed from expertise in governmental accounting specifically, to a more general expertise in accounting (eliminating the word “governmental” in Section 2). This proposed change, as well as the proposed change reflecting the timing of the Chair and Vice Chair selection, is included in the attached Resolution.
If Council approves this Resolution, the members of the Audit Subcommittee will conduct the process of selecting a Chair and Vice-Chair at the next regular meeting in 2023.
Past Council Actions
Meeting Date Description
July 28, 2015 Establishment of an Audit Subcommittee
May 9, 2017 Adoption of Audit Subcommittee Rules of Conduct and Recommendation to Create an Ad Hoc Committee
June 27, 2017 Amendment to the Audit Subcommittee Rules of Conduct – Regarding Quorum
March 27, 2018 Amendment to the Audit Subcommittee Rules of Conduct – Regarding Quorum
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October 22, 2019 Resolution Amending the Audit Subcommittee’s Roles to Support the City’s Confidential Ethics Hotline
Environmental Review
This is not a project for the purpose of CEQA.
Financial Impacts and Budget Actions
There is no projected financial impact associated with this report's recommended action.
Attachments:
A. A Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair and Vice-Chair Prepared By: Gigi Decavalles-Hughes, Director
Approved Forwarded to Council
Attachments:
A. Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to Clarify the Timing of the Election of the Audit Subcommittee Chair, Vice-Chair
B. Exhibit A - R11427
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1 City Council Meeting: December 13, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING AND RESTATING AUDIT
SUBCOMMITTEE RULES OF CONDUCT TO CLARIFY THE TIMING OF THE
ELECTION OF THE AUDIT SUBCOMMITTEE CHAIR AND VICE-CHAIR WHEREAS, the City Council of the City of Santa Monica (the “City Council”) recognizes the importance of transparency and accountability in the administration of public resources, and the City Council is ultimately responsible for ensuring that the City of Santa Monica (the “City”) is meeting its internal controls and financial reporting responsibilities; and
WHEREAS, on July 14, 2015, the City Council adopted Resolution Number 10897 (CCS) (“Resolution 10897”), which established an Audit Subcommittee of the City Council (the “Audit Subcommittee”) to ensure regular and direct communication between the City’s independent auditors and the City Council and further the City Council’s goals of transparency and accountability in the administration of public resources; and WHEREAS, on July 28, 2015, the City Council adopted Resolution Number 10901 (CCS) (“Resolution 10901”), which reflected the City Council’s intent that the Audit Subcommittee consist of three Council members and two City residents with relevant expertise to be selected through a public process; and
WHEREAS, Resolution 10901 also defined the duties and responsibilities of the Audit Subcommittee; and
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Packet Pg. 514 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 2 WHEREAS, on April 20, 2017, the Audit Subcommittee recommended that the City Council adopt Rules of Conduct for the Audit Subcommittee in order for the Subcommittee to efficiently conduct its meetings in compliance with applicable State and local laws; and WHEREAS, on May 9, 2017, the City Council adopted Resolution Number 11042 (CCS) (“Resolution 11042”) adopting Rules of Conduct for the Audit Subcommittee; and WHEREAS, on June 27, 2017, the City Council adopted Resolution Number 11046 (CCS) (“Resolution 11046”) revising the Rules of Conduct for the Audit Subcommittee in order to recognize scheduling challenges resulting from restrictive attendance requirements and ensure that Audit Subcommittee business moves forward in a timely manner; and
WHEREAS, on March 27, 2018, the City Council adopted Resolution Number 11103 (CCS) (“Resolution 11103”) revising the Rules of Conduct for the Audit Subcommittee to provide additional flexibility in the management of the Audit Subcommittee; and
WHEREAS, on October 22, 2019, the City Council adopted Resolution Number 11212 (CCS) (“Resolution 11212”) adding as a responsibility of the Audit Subcommittee the monitoring of the City’s implementation and ongoing management of a confidential ethics hotline; and
WHEREAS, Resolution 11212 repealed Resolutions 10897, 10901, 11042, 11046, and 11103; and
WHEREAS, Resolution 11212 provides that a Chair and Vice-Chair will be elected at the first meeting of the year; and
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Packet Pg. 515 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 3 WHEREAS, members of the Audit Subcommittee have requested clarification on whether the term “year” refers to the calendar year (beginning January 1) or the fiscal year (beginning July 1); and
WHEREAS, the Audit Subcommittee is a subcommittee of the City Council, with three of the five members required to be members of the City Council; and WHEREAS, City Council members begin and end their staggered four-year terms on the City Council in December, which may result in a vacancy on the Audit Subcommittee, including the Chair or Vice-Chair, that must be filled expediently.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Monica has established and hereby sets forth the composition, rules of conduct, and duties and responsibilities of an Audit Subcommittee, which shall assist the City Council in fulfilling its oversight responsibilities for the financial reporting process, the framework for internal control, and the audit process.
SECTION 2. Composition. The Audit Subcommittee shall consist of three members of the City Council and two City residents who shall be appointed by the City Council through a public process and shall be qualified to serve by virtue of their experience and expertise with accounting and internal financial controls. The five members of the Audit Subcommittee shall be appointed by the City Council to staggered four-year terms. To establish staggered terms, the initial members of the Audit Subcommittee shall be appointed so that two Council members and one public member
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Packet Pg. 516 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 4 serve four-year terms and one Council member and one public member serve two-year terms. Thereafter all members shall be appointed to serve four-year terms.
SECTION 3. Open Meeting Laws. Audit Subcommittee meetings shall be held in compliance with the State’s Open Meeting Laws. Notice of meetings, including adjournment, shall also be given in accordance with the provisions of the Ralph M. Brown Act, California Government Code section 54950 et seq. (the “Brown Act”). In the event of a conflict between the provisions of the Brown Act or any other law and any provision of these Rules of Conduct, the Brown Act, or other law, shall prevail. The noticing provisions shall further be subject to any amendments of the Brown Act.
SECTION 4. Quorum. A majority of Audit Subcommittee members shall constitute a quorum for the transaction of business, except to adjourn. One City Council member who is a member of the Audit Subcommittee must be present for an Audit Subcommittee meeting to occur. The Finance Director, or designee, and the City Attorney, or designee, shall attend all Audit Subcommittee meetings. The Finance Director, or designee, or the City Attorney, or designee, shall implement Audit Subcommittee directives as appropriate and report back on recommendations made in audit reports as directed by the Audit Subcommittee.
SECTION 5. Officers Powers and Duties. At the first regular meeting of each calendar year, the members of the Audit Subcommittee shall elect a Chair and a ViceChair for a one-year term. Until new officers are elected, the outgoing officers shall continue to serve, when a quorum is needed and no officers are available. The Chair shall be the Presiding Officer at all meetings. In the absence of the Chair, the Vice Chair shall preside. In the absence of both the Chair and Vice Chair, the City Clerk or designee shall
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Packet Pg. 517 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 5 call the Audit Subcommittee members present to serve until the arrival of the Chair or Vice Chair or until adjournment. Meeting agendas shall be prepared by the Chair in consultation with the Finance Director.
SECTION 6. Conduct of Meetings. Except as otherwise provided, the Audit Subcommittee shall follow the City Council Rules of Order and Procedures, Resolution Number 11427 (CCS) (“Resolution 11427”), as applicable, and as may be amended from time to time, in the conduct of its meetings. A copy of Resolution 11427 is attached hereto as Exhibit A and incorporated herein by this reference.
SECTION 7. Regular Meetings. Regular meetings of the Audit Subcommittee shall be held at least quarterly on such dates, at such locations, and at such times as may be fixed by the Audit Subcommittee.
SECTION 8. Ad Hoc Committees. The City Council may approve the creation of an ad hoc committee to take part in Audit Subcommittee discussions. Any such ad hoc committee shall serve for a limited time and scope of work, as approved by the City Council. Any ad hoc committee formed shall be subject to the Open Meeting Laws and shall only convene during public meetings of the Audit Subcommittee. Any ad hoc committee formed may not:
(a) take any final action on matters which also require Audit Subcommittee members’ approval;
(b) fill vacancies on the Audit Subcommittee; or
(c) make any appointments to the ad hoc committee.
Members of any ad hoc committee formed may not meet except as allowed in accordance in the Brown Act.
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Packet Pg. 518 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 6 SECTION 9. Duties and Responsibilities. The duties and responsibilities of the Audit Subcommittee include but are not limited to:
(a) Reviewing, upon completion, all City audit reports, analyzing all findings in audit reports, and consulting with external and internal auditors regarding any irregularities and deficiencies disclosed in their reports; (b) Determining what corrective action, if any, should be recommended to the City Council;
(c) Reporting to the City Council on the outcome of all audits, on any audit findings, and on any other pertinent communications, and making appropriate recommendations;
(d) Ensuring that timely and appropriate action has been taken in response to City Council directions arising from audit reports;
(e) Considering the effectiveness of the framework for internal control, reviewing the effectiveness of the systems for monitoring compliance with laws and regulations, and reviewing the processes for communicating the City’s compliance policies to City personnel and monitoring compliance therewith;
(f) Monitoring the City’s implementation and ongoing management of a confidential ethics hotline as a method through which employees, taxpayers, or other concerned stakeholders may confidentially report suspected illegal, improper, wasteful or fraudulent activity; and
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Packet Pg. 519 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 7 (g) Provide oversight of the periodic review and selection of external and internal auditors including, but not limited to, reviewing proposals and making recommendations.
SECTION 10. Resolution 11212 is hereby repealed in its entirety.
SECTION 11.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
Exhibit A – Resolution #11427
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Packet Pg. 520 Attachment: Resolution of the City Council of the City of Santa Monica Amending and Restating Audit Subcommittee Rules of Conduct to 1 City Council Meeting: June 21, 2022 Santa Monica, California RESOLUTION NO. 11427 (CCS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND
PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11418 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order.
The City Council rules, or any one thereof, may be suspended by a vote of twothirds (2/3) of the Councilmembers present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 521 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) 2 agenda items shall commence no earlier than 6:30 7:00 p.m., following the Closed Session. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules action shall be taken by a majority vote of the entire membership of the City Council. However, in the case of a quasi-judicial hearing, if only four Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as five Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when his or her name is called and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.
The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 522 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) Session from which the public is excluded, for those purposes authorized by the Brown Act.
No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication which took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. Councilmembers should endeavor to submit Councilmember agenda items as follows: (1) for regular meetings, by 12:00 p.m. on Monday, eight (8) days prior to the proceeding Council meeting, in order to ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current agenda.
Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Councilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be included with the DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 523 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) agenda item: “This item may be considered with Item.” The City Manager may combine staff items on the agenda in order to ensure that the public’s business is handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the BrownAct. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements. (e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the BrownAct. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or his or her designee and either shall be transmitted to the appropriate board, commission or staff member or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests which are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 524 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) public.
Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (h) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.
(e) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only (Proclamations, commendations, introductions of special guests, and presentations and reports by other non-City public entities or legislative bodies will also be heard at this time).
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 525 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) (f) Closed Session.
(g) Special Agenda Items. This item includes the City Manager’s Report, special meetings, and appointments to the City Council. (h) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 526 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) (k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(l) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. (q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 527 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) (s) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways.
RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 528 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and (5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff shall address his or her questions to the City Manager, the City Attorney, the City Clerk or designated staff. Members of the City staff, after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, he or she shall cease speaking until the question of order is determined.
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 529 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present.
(e) Point of Personal Privilege. The right of a Councilmember toaddress the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned or where the safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilegeof speaking last on the matter after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating his or her views on a DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 530 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) particular agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all agenda items, except ordinances for second reading, and the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration.
Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the CityCouncil regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 531 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) Presiding Officer, each member of the public addressing the City Council shall go to the podium, state his or her name and whom he or she is representing, if he or she represents an organization or other person. Each member of the public is encouraged, but not required, to also state his or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 12:00 p.m. on the day of the Council meeting best efforts shall be made to have them posted on the Council’s online agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per comment section unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, while members of the public using the full two minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A member of the public wishing to speak on more than one item shall limit his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the sixDocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 532 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first andlast. (g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council. Proclamations, commendations and appearances by special guests are ceremonial items. In order to ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per agenda item. The speaker and the person donating time shall turn in their chits together, notify the clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that he or she is speaking for both. Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 533 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) request received after the start of the hearing shall be considered late and the donator will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience.
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 534 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.
The Chief of Police or such member or members of the Police Department as he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require him or her to do so.
RULE 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of aconflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.
RULE 19. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon his or her name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 535 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
RULE 21. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.
RULE 23. AGENDA MANAGEMENT.
At any time prior to the City Council taking up agenda items after the report back from Closed Session, any member of the City Council may make a motion for agenda management to reorder or combine agenda items. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call agenda items in accordance with the agenda as modified by the motion.
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 536 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.
RULE 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be made by the City Clerk and retained in accordance with the City’s record retention schedule. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.
RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.
RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.
RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 537 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 31. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council meetings.
These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
SECTION 2. Resolution Number 11418 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_____________________________
DOUGLAS SLOAN
City Attorney
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 538 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) Adopted and approved this 21st day of June 2022.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11427 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 21st day of June 2022, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: D2C8A6F3-1813-405E-8CFE-088EC22A0C8D
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Packet Pg. 539 Attachment: Exhibit A - R11427 (5350 : Amending Audit Subcommittee Rules) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 11.B
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To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution Amending Council Rules of Order and Procedure and Review of the Public Input Pilot
Recommended Action
Staff recommends that the City Council:
1. Provide direction to staff to either continue the public input pilot as is, return to the previous method for public input; or adopt a new method based on modifications from the aforementioned options; and,
2. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.
Executive Summary
The City of Santa Monica has a long history of having an engaged and passionate population, deeply involved in providing feedback to its elected officials. The City Council is committed to fostering this democratic process and embraces the varying viewpoints of its residents. However, Council meetings are business meetings for the purpose of creating and adopting policy, approving contracts, and conducting other city business. As such, it is up to the Council to determine the balance between allowing for robust input from the public while also finding the most efficient and effective method to conduct its business.
Discussion
Public Input Pilot
At the May 24, 2022, Council meeting, a study session was held to discuss ways in which Council meeting management can be improved. At that time, Council directed
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staff to return with a resolution adopting a pilot through December 31, 2022, consolidating public comment at the beginning of the meeting in the following manner:
Public comment on non-agenda items, Special Agenda Items, Closed Session, and all Public Agenda Items, except Public Hearings. Comments for Public Hearings (items that require public notice such as appeals, zoning changes and other items required by law) will be heard when the items are called. Council directed staff to amend the Council Rules resolution to accommodate this pilot program. The amendment was adopted by Council at the June 21, 2022, Special Council meeting to take effect with the June 28, 2022, Council meeting. As the pilot is now reaching its expiration date, staff seeks direction from Council to adopt a permanent format for conducting public input.
Staff recommends the following three options:
1. Continue with the pilot method permanently;
2. Return to the previous method for providing public input; or
3. Adopt a new method based on modifications from the aforementioned options (ex. Hold two public comment periods at the beginning of the meeting prior to closed session; one session for general public input and one session for all agenda items).
Staff conducted a cursory statistical analysis of the amount of public input received under the prior method of public input vs. during the pilot program and found the difference to be insignificant. Further, staff also conducted a survey of both members of the public and staff who regularly attend and present at Council meetings. Six responses were received from members of the public and 34 from staff with the results being roughly 50% for either option.
Amending Council Rules
In conjunction with the City Manager and City Attorney, Clerk staff has reviewed the Council Rules and has found areas of concern where rules are ambiguous and require clarification. The proposed amendments to the Council Rules largely clarify existing practices, but for a few rules, additional specificity and ease of implementation is provided. We believe the amendments will help in both the preparation for and conduct of Council meetings.
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The proposed amendments to the Council Rules, attached as Exhibit A, include the following:
1. All gender-based pronouns have been eliminated.
2. The role of Robert’s Rules is clarified.
3. The current procedure for taking public comment is made permanent (but allowing for Agenda management to alter).
4. It is expressly provided that Council may add or delete a regular Council meeting.
5. The City Attorney may place items affecting the City Attorney’s Office or closed session on the Agenda.
6. A process and timeline for Councilmembers placing items on the Agenda is specified.
7. A process and timeline for placing boards and commissions items on the Agenda is specified.
8. Procedures for points of order are clarified.
9. The rule regarding applause is specified.
10. Changes in seating order are provided.
11. Voting on an item with all the sub-items together is expressly provided.
12. Provides clarification for board and commissions providing public comment on general items.
13. Clarifies process for requesting an ADA accommodation, particularly for calling into the Council meeting as an ADA accommodation.
Environmental Review
This is not a project for purposes of the California Environmental Quality Act.
Financial Impacts and Budget Actions
There are no budgetary impacts associated with this staff report.
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Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. Exhibit A - Council Rules Reso 121322
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1 City Council Meeting: ___________, 2022 Santa Monica, California RESOLUTION NO. ____________(CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR
THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NUMBER _____ (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
These Rules of Order shall govern the conduct of all City Council meetings, unless superseded or prohibited by federal, state, or local law. To the extent a matter is not covered by these Rules, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Robert’s Rules shall be subordinate to all applicable laws and these rules to the extent they are inconsistent. These rules also apply to the Council sitting as or in combination with another body, such as the Housing Authority Board, Successor Agency, or Financing Authority, and to all boards and commissions.
The City Council rules, or any one thereof, may be suspended by a vote of twothirds (2/3) of the Councilmembers present.
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Packet Pg. 544 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 2 RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The Council may amend the meeting calendar to add or delete a regular Council meeting. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other Agenda items shall commence no earlier than 7:00 p.m., following the Closed Session, unless noticed otherwise on the Agenda. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules, action shall be taken by a majority vote of the entire membership of the City Council, that is, at least four votes, unless a higher number is required. However, in the case of a quasi-judicial hearing, if only four Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as five Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall
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Packet Pg. 545 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 3 respond when that Councilmember’s his or her name is called, and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.
The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council, which shall be included on the Agenda by the City Clerk.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed Session from which the public is excluded, for those purposes authorized by the Brown Act.
No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication that which took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.
Any required public announcements following closed session shall be made by the City Attorney immediately upon the Council convening in open session following closed session. Council direction to provide authority to settle a claim or lawsuit shall not be reported out.
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Packet Pg. 546 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 4 RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. The City Attorney may place items on the Agenda affecting the City Attorney’s Office or closed session.
Councilmembers shallshould endeavor to submit Councilmember Agenda items as follows: (1) for regular meetings, by 12:00 noon p.m. on Monday, eight (8) days prior to the proceeding Council meeting, in orderto ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day at least two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current Agenda.
Council items placed on the Agenda may be removed or amended by the sponsor, with the City Manager’s approval, no later than noon on Thursday, five days prior to the Council meeting.
Any Councilmember requested discussion Agenda item shall be initiated as a “16
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Packet Pg. 547 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 5 item” first to obtain Council direction.
Councilmember items may only be combined with other items on the Agenda by a vote of the Council. A Councilmember who wishes to combine the Councilmember’s his or her item with another item on the Agenda may direct that the following language be included with the Agenda item: “This item may be considered with Item __.” The City Manager may combine staff items on the Agenda in order to ensure that the public’s business is handled efficiently and conveniently.
Proposed alternatives, other than minor variations, to items or portions of items on the agenda shall be submitted in writing to the City Clerk for distribution no later than 12:00 noon the day prior to the Council meeting; any alternatives submitted after the deadline may be considered by the Council only by unanimous consent, provided they are Brown Act compliant; otherwise, the amendment along with the main item may be considered at a subsequent meeting pursuant to an approved motion to continue. (d) The City Clerk shall post the Agenda as required by the Brown Act. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in the Clerk’s his or her office declarations establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the
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Packet Pg. 548 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 6 City Clerk and referred to the City Manager or the Manager’shis or her designee and either shall be transmitted to the appropriate board, commission or staff member, or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting Agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests that are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public.
Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (h) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than 12:00 noonPM on the day of a City Council meeting. For clarity, this rule shall not apply to a
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Packet Pg. 549 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 7 current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
(i) The City Manager may place an item on the Council agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission. The request and the written or electronic materials to be distributed or displayed at the meeting must be provided to the City Clerk, the City Manager’s Office, and the sponsoring Department Staff Liaison by 3 p.m. Friday, 11 days before the Council meeting. When heard, the speaker for the board or commission shall be permitted up to ten minutes to present, unless the Council by majority vote allows for a different time. The Council may question the speaker concerning the report and presentation. The City Manager and Staff may also provide information concerning the presentation. The presentation will not be considered an action item, but the City Manager may be combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only.
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Packet Pg. 550 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 8 (e) Closed Session.
(f) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. Proclamations, commendations, and introductions of special guests may be scheduled and discussed prior to Closed Session in consideration for the time of the guests.
(g) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the
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Packet Pg. 551 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 9 Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session.
Councilmembers are encouraged to notify the City Manager by 12:00 noon the day before the meeting that an item may be pulled for discussion or questions to Staff and request a presentation of an item on the Consent Calendar.
(h) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the Agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the Agenda. As a result, no formal action may be taken on any matter under this item.
(i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the Agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session, other than to give direction to prepare and return with Agenda items in the future. (k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent Agenda as a continued item. If public comment on a continued item was concluded at the initial meeting, it shall not be repeated.
(l) Administrative Proceedings. This item includes proceedings requiring the
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Packet Pg. 552 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 10 City Council to make a quasi-judicial decision concerning an individual application or appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public comment discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions that may present reports under this item and pursuant to rule 5(i) include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. Note this subsection provides for the location or timing of these items if placed on the Agenda, not the authority to place items on the Agenda, which is addressed elsewhere in these rules.
(q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
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Packet Pg. 553 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 11 (r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(s) Councilmember Discussion Requested Items. This category consists of Councilmember requested Agenda items. Action and direction may occur on these items to the extent specified in the Agenda item. Councilmembers should discuss requested Agenda items in advance with the City Manager to see if the City Manager will place them on the Agenda as Staff Administrative Items or otherwise or address them in other ways.
RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.
RULE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from
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Packet Pg. 554 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 12 the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain
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Packet Pg. 555 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 13 recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmembers desiring to question City staff shall address their his or her questions to the City Manager, the City Attorney, the City Clerk, or designated staff. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless the Councilmember he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, that Councilmember he or she shall cease speaking until the question of order is determined. Whenever any person is called to order while speaking, such person shall be in possession of the floor after the question of order is decided, and may proceed with the matter under the discussion within the ruling made on the question of order.
(d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of order. Questions concerning procedures or other legal issues may be directed to the City Attorney for legal advice. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present. The City Attorney may also raise a point of order to provide advice to the Council should there be a concern about
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Packet Pg. 556 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 14 procedures, due process, or other legal issues.
(e) Point of Personal Privilege. The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned, or where the safety or welfare of the City Council is concerned. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of personal privilege. (f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. Except for questions raised by another Councilmember to a
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Packet Pg. 557 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 15 Councilmember, Nno Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating the Councilmember’s his or her views on a particular Agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for the Councilmember’s his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…” RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all Agenda items, except ordinances for second reading or as otherwise provided in these rules, and the public shall have an opportunity to comment on any matter that is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the Agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
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Packet Pg. 558 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 16 (b) Registration. Any member of the public wishing to address the City Council regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible, but no later than prior to the public hearing on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each members of the public addressing the City Council shall go to the podium, state theirhis or her name and whom they e or she is represent, if they he or she represents an organization or other person. Each mMembers of the public areis encouraged, but not required, to also state theirhis or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 12:00 noon p.m. on the day of the Council meeting, best efforts shall be made to have them posted on the Council’s online Agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per comment section unless the City Council
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Packet Pg. 559 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 17 grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, while members of the public using the full two minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A mMembers of the public wishing to speak on more than one item shall limit their his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the sixminute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission who was duly authorized to speak for the Board or Commission shall be limited to maximum of 5 minutes to speak. shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports. (f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first
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Packet Pg. 560 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 18 and last.
(g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council.
Proclamations, commendations, and appearances by special guests are ceremonial items. In order tTo ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them.
(h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an Agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these rules. (j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate two minutes per Agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per Agenda item. The speaker and the person donating time shall turn in their chits together, notify the Clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that the speaker he or she is speaking for both.
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Packet Pg. 561 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 19 Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate the donor’s his/her time. (k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 noon PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, Agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. See also Rule 5(i). For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting. (l) Requests for Accommodation. Requests for a disability accommodation to provide public testimony at a Council meeting should be submitted in writing to the City Clerk’s office no later than 5 p.m. on the Thursday prior to the meeting. In the case of
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Packet Pg. 562 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 20 special meetings, requests should be submitted as early as possible, but no later than noon the day of the Council special meeting; requests will be accommodated if feasible, but cannot be guaranteed if received less than 72 hours prior to the Council special meeting. If the request includes participating remotely, the request should include the identity of the person who will appear at the meeting in person to facilitate remote participation via cell phone. Such person then must sign in at the meeting to speak with their own name and on behalf of the person participating remotely and then appear at the microphone when called to facilitate. The combined time to speak for both the in person speaker and remote speaker shall not exceed 6 minutes, but also in compliance with additional time limits set forth in these Rules.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an Agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience. Applause, vocally or clapping, is prohibited, except for ceremonial items.
Any person who disrupts the meeting shall be called to order by the Presiding
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Packet Pg. 563 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 21 Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.
The Chief of Police or such member or members of the Police Department as the Chief he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require the Presiding Officer him or her to do so.
RULE 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor. Changes in seating may be allowed by the Mayor, without requiring a vote, for good cause when those changing seats consent.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.
RULE 19. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon the member’s his or her name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the
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Packet Pg. 564 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 22 Mayor voting last.
Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one agenda item and voted on in one motion. If the item and sub-parts receive sufficient votes for approval of some, but not all sub-parts, at the immediate request of any Councilmember, the first vote shall be nullified and Council shall then immediately, without discussion, vote on each item separately.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
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Packet Pg. 565 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 23 RULE 21. TYPES OF MOTIONS TIE VOTE.
(a) Only Councilmembers, or duly appointed members of boards sitting with the Council, may make Motions. The City Clerk shall record all motions and read them back when requested. Upon request, the City Attorney shall assist in the formation of motions.
A Councilmember must have the floor to make a motion.
(b) Any motion that does not receive a second shall not move forward, and then another motion may be made.
(c) For noticed public hearings and quasi-judicial matters, a main motion shall not be made until public comment on the item is complete. (d) There are three motions that are most common and are usually subject to debate:
(1) The main motion. This motion puts forward a substantive decision, most frequently an agenda item, for Council consideration. A main motion may include changes to the item as stated on the agenda or supplemental materials.
Only one main motion may be on the floor at one time.
(2) The motion to amend. This motion seeks to modify the main motion before the Council. A motion to amend cannot be made until there is a main motion on the floor. A motion to substitute a main motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time. All motions to amend shall be resolved prior to voting on the main motion. (3) The procedural motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor
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Packet Pg. 566 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 24 at one time. A “point of order” may be raised at any time, interrupting a speaker when recognized by the Presiding Officer, to make a procedural motion.
Procedural motions are debatable but not subject to public comment. (e) The following common procedural motions shall be handled as follows:
(1) Motion to adjourn. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting. It is not subject to debate and requires a majority vote. It is the highest priority motion. (2) Motion to recess. This motion, if passed, requires the Council to immediately recess. The Presiding Officer determines the length of the recess. It is not subject to debate and requires a majority vote.
(3) Motion to fix the time to adjourn. This motion, if passed, requires the Council to adjourn the meeting at a specific time set in the motion. It is not subject to debate and requires a majority vote.
(4) Motion to table. This motion, if passed, requires the discussion of the agenda item to be halted and the agenda item placed on hold. The motion can contain a specific time in which the item can come back to Council. If the motion does not contain a specific time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to the Council.
A motion to table or to bring it back to the Council requires a simple majority vote. (5) Motion to continue. This motion, if passed, requires the item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion.
A motion to continue is debatable and requires a simple majority vote.
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Packet Pg. 567 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 25 (6) “Friendly Amendment.” This is a “request,” rather than a formal motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend may be made.
Tie votes shall be lost motions.
RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if the Councilmember he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.
RULE 23. AGENDA MANAGEMENT.
At any time after roll callprior to the City Council taking up Agenda items after the report back from Closed Session, the Mayor or Mayor Pro Tem may call for any member of the City Council may make a motion for Agenda management to reorder or combine Agenda items or to determine when public comment may be taken on one or more items.
However, public comment may be taken later, but not earlier, than the time or position shown on the Agenda. Noticed public hearings scheduled for a time certain may be heard later, but not earlier, than the time scheduled. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call Agenda items or comment opportunity in accordance with the Agenda as modified by the motion.
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Packet Pg. 568 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 26 RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.
RULE 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be made by the City Clerk and retained in accordance with the City’s record retention schedule. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.
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Packet Pg. 569 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 27 RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.
RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00 p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.
RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.
RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 31. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council meetings.
These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
SECTION 2. Resolution Number _____ (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.
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Packet Pg. 570 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) 28 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUG SLOAN
City Attorney
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Packet Pg. 571 Attachment: Exhibit A - Council Rules Reso 121322 [Revision 1] (5391 : Review Public Input Pilot and Amend Council Rules) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 12.A
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To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Public Hearing and Introduction for First Reading of an Ordinance to Award a Franchise Agreement for RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program
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;
2. Hold a public hearing, receive public comment, and hear protests, if any, for the award of RFP 300: Digital Wayfinding and Out-of-Home Advertising Kiosk Program;
3. Introduce for first reading the attached ordinance to award a franchise to BIG Outdoor for the installation, operation, and maintenance of a digital wayfinding and out-of-home advertising kiosk network for a 20-year term, per the terms and conditions stated in the ordinance (Attachment A);
4. Authorize the City Manager to negotiate and execute a franchise agreement with BIG Outdoor for a total of 20 years, per the terms and conditions stated in the ordinance; and
5. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report in the event that the franchise is awarded.
Summary
The City initiated the Digital Wayfinding and Out-of-Home (OOH) 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
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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 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.
On November 15, 2022, Council unanimously adopted a resolution declaring its intent to hold a public hearing on December 13, 2022, to award the Digital Wayfinding and Outof-Home Advertising Kiosk Program franchise to BIG Outdoor for a 20-year term.
Past Council Actions
Meeting Date Description
06/09/2020
(Attachment B)
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 C)
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.
10/25/2022
(Attachment D)
Council directed staff to ask BIG Outdoor to install a demonstration kiosk in Santa Monica and continued the hearing to November 15, 2022.
11/15/2022
(Attachment E)
Council unanimously adopted a resolution declaring its intent to hold a public hearing on December 13, 2022 to award a franchise to BIG Outdoor for a 20-year term to install, operate, and maintain a digital wayfinding and out-of-home advertising kiosk program.
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Discussion
Per Council’s direction, RFP #300 was published in December 2021 for a franchisee to manage a comprehensive advertising program 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 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 short-listed firms’ proposals and advised staff on the appropriateness of the technical specifications, feasibility of revenue projections, and adequacy of community benefits included in each (Attachment F).
Staff interviewed three finalists and then invited two finalists 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 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 Santa Monica’s BIDs, BIG Outdoor’s reputation for
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cultivating positive relationships with local businesses would be invaluable to the success of the 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 initial proposal and final offer provided significantly higher financial benefits to the City than any other bidder.
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 in both the initial proposal and best and final offer phases of the RFP process. Staff learned BIG Outdoor has existing relationships with many notable high-profile, blue-chip companies that heavily invest in advertising to grow and maintain their market share, including American Express, Apple, Meta, 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 digital OOH market.
Minimum Annual Guarantee
The City would begin receiving a 50% share of adjusted gross revenues upon installation of the first kiosk. Upon full deployment and completion of Phase I, BIG Outdoor offered a minimum annual guarantee of $5 million, 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
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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 effective date 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.
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;
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• 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.
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.
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, demonstrated professional integrity, experience with similar projects, the
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overwhelmingly 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 approvals, and would compile and apply for all necessary building permits and a Coastal Development Permit for the kiosks located in the Coastal Zone.
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, installation of the first 25 kiosks, staff training, and ongoing network management, and the goal is to have them deployed within 12 months. Should Phase 1 be successful and well-received by the community, the subsequent deployment of Phase 2 would occur 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
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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 (BIG Outdoor).
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 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.
Public Hearing
The purpose of the public hearing is to allow any persons having any interest in or objection to the proposed grant of the franchise to appear before Council and be heard.
At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests, and its decision shall be final and conclusive. Thereafter, it may grant, or deny the franchise, subject to the right of referendum of the people.
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Protests may be submitted in writing or orally at the public hearing, duly noticed by the City Clerk in the Santa Monica Daily Press on November 23, 2022, when Council considers the ordinance for award of the exclusive franchise. Protests received after the close of the public hearing will not be accepted. By submitting a response to this RFP, prospective franchisees waived the right to protest after award or seek any legal remedies regarding any aspect of this RFP.
Financial Impacts and Budget Actions
Staff seeks authority to establish a revenue budget in the General Fund to accept a $4 million signing bonus from BIG Outdoor for the Digital Wayfinding and Out-of-Home Advertising Kiosk Program. 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. The budget for the City’s share of adjusted gross revenues, including a pro rata share for the Beach and Pier Funds, would be included in the FY 2023-25 Biennial Budget.
FY 2022-23 Revenue Budget Changes
Account Number Amount
01200001.410820 $4,000,000
Total $4,000,000
Prepared By: Melissa Spagnuolo, Community Partnerships Manager Approved Forwarded to Council
Attachments:
A. June 9, 2020 Staff Report
B. Ordinance to Award Digital Kiosk Franchise
C. January 26, 2021 Staff Report
D. October 25, 2022 Staff Report
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E. November 15, 2022 Staff Report
F. City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022
G. Oaks Initiative Disclosure
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City Council Meeting: December 13, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AUTHORIZING THE GRANT OF AN EXCLUSIVE FRANCHISE TO BIG OUTDOOR INVESTMENTS, LLC., TO INSTALL AND OPERATE OUT-OF-HOME KIOSKS IN THE CITY’S RIGHT-OF-WAY FOR 20 YEARS
WHEREAS, in accordance with Article XVI of the Santa Monica City Charter, the City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service, and to use the public streets, ways, alleys and places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment, necessary or convenient for the furnishing thereof, or necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere; and WHEREAS, the City Council may prescribe the terms and conditions of any such franchise grant; and
WHEREAS, 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. Such resolution shall fix and set forth the day, hour and place when and where
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Packet Pg. 582 Attachment: Ordinance to Award Digital Kiosk Franchise (5271 : 1st Reading - Ordinance to Award OOH Kiosk Franchise (75 mins)) any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon; and WHEREAS, the resolution of intention shall 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; and WHEREAS, after the public hearing, the City Council may grant, or deny, the franchise, subject to the right of referendum of the people; and WHEREAS, on or about January 25, 2021, the City of Santa Monica issued a Request for Proposals (RFP) to solicit proposals to install out-of-home advertising kiosks (the “Kiosks”) in the City’s right-of-way to enhance the City’s pedestrian experience on the City’s public sidewalks; and
WHEREAS, the Kiosks will provide various public benefits, including real-time transportation information, promotion of local retail, shelter and service information for homeless individuals, and public health and safety information and notifications; and WHEREAS, the Kiosks rely on sponsorship and advertising revenue, a portion of which will be shared with City; and
WHEREAS, the franchise will authorize the installation of up to fifty (50) Kiosks throughout the City; and
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Packet Pg. 583 Attachment: Ordinance to Award Digital Kiosk Franchise (5271 : 1st Reading - Ordinance to Award OOH Kiosk Franchise (75 mins)) WHEREAS, the City Council has determined that Big Outdoor Investments, LLC., (“BIG Outdoor”) is the best qualified firm to receive the exclusive franchise (the “Franchise”) to install the Kiosks, based upon BIG Outdoor’s proposal (the “Proposal”); and
WHEREAS, the Proposal includes the following benefits to the City:
• 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. • 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 effective date of the franchise agreement.
• 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.
• Community Ambassador
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Packet Pg. 584 Attachment: Ordinance to Award Digital Kiosk Franchise (5271 : 1st Reading - Ordinance to Award OOH Kiosk Franchise (75 mins)) BIG Outdoor has also committed to hiring a full-time community ambassador to interface directly with the City and community for all communications; and WHEREAS, on November 15, 2022, the City Council unanimously adopted Resolution No. 11483 (CCS) (the “ROI”), stating its intent to award by ordinance the Franchise to BIG Outdoor, the terms and conditions upon which it is proposed to be granted, and setting the public hearing for December 13, 2022 to hear all protests, if any; and
WHEREAS, the City Clerk published the ROI on November 23, 2022, in the Santa Monica Daily Press; and
WHEREAS, after conducting a duly noticed public hearing on December 13, 2022, and considering all oral and written protests submitted prior to and during the hearing, the City Council made its determination to grant the Franchise to BIG Outdoor in accordance with the ROI.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above referenced recitals are incorporated into this Ordinance as true and correct.
SECTION 2. The Franchise is hereby granted to BIG Outdoor, in accordance with the terms and conditions of the ROI.
SECTION 3. The City Manager or his designee is authorized to negotiate and execute a franchise agreement consistent with this ordinance and take all actions necessary to implement the franchise agreement.
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Packet Pg. 585 Attachment: Ordinance to Award Digital Kiosk Franchise (5271 : 1st Reading - Ordinance to Award OOH Kiosk Franchise (75 mins)) SECTION 4. 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 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 586 Attachment: Ordinance to Award Digital Kiosk Franchise (5271 : 1st Reading - Ordinance to Award OOH Kiosk Franchise (75 mins))
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM Digital Wayfinding & Out of Home
Advertising Kiosk Program
The Superlative Group, Inc.
Sanford House
2843 Franklin Blvd.
Cleveland, OH 44113
City of Santa Monica
Program Proposal Review
FINAL 12.07.2022
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Packet Pg. 587 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM Contents
1 Executive Summary 2
2 Background & Methodology 4
3 Proposals 7
4 Case Studies 20
5 Conclusions and Recommendations 31
Appendices
A City of Santa Monica’s Evaluation Criteria 33
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Packet Pg. 588 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 2 1.1 Introduction
In April 2015, the City of Santa Monica (“the City”) commissioned The Superlative Group (“Superlative”) to provide professional services to the City in connection with procuring sponsors for the City’s bikeshare system. Superlative facilitated a five-year, $3.375 million agreement between the City and Hulu in October 2015.
In June 2020, the original agreement was modified to commission Superlative to conduct a valuation of advertising, naming rights and sponsorship opportunities relating to the City’s assets. That report, submitted to City personnel December 2020, presented the detailed results from Superlative’s preliminary valuation and recommendations for a strategic Naming Rights and Corporate Sponsorship sales campaign.
In April 2022, the City approved a second modification to the agreement for Superlative to conduct a valuation of viable advertising, naming rights and other sponsorship opportunities related to the City’s assets.
The key objectives of this exercise are to:
• Complete a comprehensive review of the Proposals received by the City; • Provide an analysis of each Proposal’s overall financial benefit to the City; • Provide an analysis of the proposed equipment and technology to be used by each proposer; • Compare the proposed timelines for Project implementation included in each Proposal to the realistic timelines needed for Project implementation;
• Provide case studies of similar project arrangements from across the United States; and • Provide recommendations to the City, as requested, on the approach to negotiations with the proposers.
This report presents the findings from Superlative’s valuation process.
1.2 Background of Project
To ensure that the City is able to maximize revenue generation through an OOH digital network, the City requested that Superlative conduct an independent assessment that identified a comprehensive list of digital kiosk and potentially small format sign locations across the City, as well as their revenue potential based on comparable agreements in the marketplace. The City has also expressed interest in contracting Superlative to manage the network through a Phase II Strategic Sales Campaign. To complete its assessment, the Superlative project team met with City personnel on October 12, 2020, to tour high traffic areas around Santa Monica to identify the most lucrative locations for kiosks and small format signs.
Superlative’s analysis was included in the December 2020 report, which included 50 total kiosks, their proposed locations and their revenue potential, as well as the implementation strategy for network deployment requested by the City. This analysis formed the basis of the City’s RFP.
The original analysis included the following implementation strategies, each presented in two and three phases:
1) Geographical Approach – starting from Santa Monica Pier and downtown Santa Monica, then expanding geographically into high traffic areas of the City; and 2) Market Coverage Approach – targeting strategic high-trafficked locations to maximize potential exposure, then adding digital faces or kiosks in those locations.
Conclusion
After discussions with the City, a blended implementation strategy of the two approaches was favored with a twophased approach. 1 Executive Summary
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Packet Pg. 589 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 3 1.3 Project Overview
The City issued a Digital Wayfinding & Out of Home Advertising Kiosk Program RFP in December 2021 following Superlative’s analysis and recommendations mentioned in Section 1.2. Through the public bidding process, the City received six proposals, with varying revenue projections, technologies, strategies and timelines for implementation.
After internal discussions, the City identified the top three proposers based on the factors above. Those proposers, who will be described in more detail in the following sections, are listed below in alphabetical order. • BIG Outdoor
• IKE Smart City
• Smart City Media
This valuation reviewed those top bidders’ proposals to the City to identify the best fit and most lucrative opportunity.
1.4 Conclusions
Intial Bid Submissions
Table 1.4.1 below summarizes the financial benefit from the three proposers outlined in this report. The average annual floor contemplates the total guaranteed value the City could receive over the 20-year term. The average annual ceiling contemplates the forecasted sales figures provided by each proposer, adjusted for the City’s proposed revenue share, then averaged over the 20-year term.
Table 1.4.1
Proposer Signing Bonus
Total
Guarantee (20-
Year Term)
Revenue Share Projected Revenue for
the City (20-Year Term)
Average
Annual Floor
Average
Annual Ceiling
BIG Outdoor $3,000,000 $111,966,671 50% $297,526,826 $5,598,334 $14,876,341 IKE Smart City $0 $35,353,446 50-55% $83,636,169 $1,767,672 $4,181,808 Smart City
Media $0 $0 25% $36,500,000 $0 $1,825,000
BAFO Submissions
In August 2022, the City of Santa Monica received BAFO submissions from IKE Smart City and BIG Outdoor. Table 1.4.2 summarizes the financial results from each submission.
Table 1.4.2
Proposer Signing Bonus
Total
Guarantee (30-
Year Term)
Revenue Share Projected Revenue for
the City (30-Year Term)
Average
Annual Floor
Average
Annual Ceiling
BIG Outdoor $4,000,000 $112,966,671 50% $297,526,826 $5,598,334 $14,876,341 IKE Smart City $1,000,000 $107,747,959 50-55% $159,038,843 $3,591,599 $5,301,295 Each BAFO submission was reviewed and scored in line with the Evaluation Criteria set out in Appendix A of this document. The evaluation criteria covered a wide range of factors including: Experience & Technical Competence; Ability to Meet Project Work Plan & Timelines; Quality Control; Revenue Projections & Profit Sharing; Stability & References; and Value-Add & Bredth of Service.
BIG Outdoor were selected as the preferred supplier due to their more attractive financial proposal and range of additional community benefits, such as donating two percent of profits from the program back to the City to fund community programs and services and hiring a full-time Santa Monica resident as a success ambassador. Review of the non-financial aspects of the submissions from BIG Outdoor and IKE Smart City (e.g. Experience & Technical Competence, Ability to Meet Project Work Plan & Timelines & Quality Control) concluded that both proposals were of similar technical competence and capable of delivering a high quality product and user experience.
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Packet Pg. 590 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 4 2.1 The Superlative Valuation Methodology
Due to the lack of a universally accepted valuation methodology for naming rights and partnership valuation, Superlative developed the following valuation methodology based on its experience in negotiating Naming Rights and sponsorship agreements. The diagram on the following page shows the key steps, specific activities, and outputs during implementation of a partnership marketing strategy.
Figure 2.1.1
Project Initiation & Desktop Research
Upon appointment as sales agents on any new engagement, Superlative carries out initial desktop research to review relevant documentation such as financial statement and strategic plans to gather contextual information such as major capital projects in the locality, specifics of the existing facilities and key statistics such as visitor numbers, drive-by traffic, media publications, hits on websites / communication channels. Our research team maintains a database which is used to compile key pricing and contractual data for all relevant Naming Rights and sponsorship initiatives.
• Initial Desktop
Research
• Project Initiation
Meeting
• Site Visits
• Collation of Digital
Inventory
• Review of
sponsorship
policies & political
considerations
• Analysis of existing
sponsorship
Contracts
• Agree structure of
Phase 1 Report
• Assess number of
visitors
• Assess number of
impressions
(visitors, traffic,
ridership, etc.)
• Current Media
• Potential
Media
• $ Value of
Media
• Consider
demographics
• Assess “quality of
exposure”
• Assess cost of
engagement
• Establish utilization
of existing assets
• Assess direct &
tangible benefits
• Onsite signage
• Events & ticket
packages
• Display
opportunities
• Use of media rate
cards to assign
price to each
benefit identified
• Financial Modeling
of impressions and
Contract term
options
• Identify
comparable
benchmarks
• Research
commercial terms
& contract values
of benchmarks
• Quantifiable
evaluation of
impressions
• Rank assets in
order of potential
to generate
revenue
• Discuss and review
with client
• Agree shortlist of
assets for Phase II
sales process
• Collate desktop
research, key
findings and
valuation of assets
• Identify target
companies for
Phase II activity
• Develop
implementation
strategies for
Phase II
• Develop draft
report for review
by client
• Present findings to
client and any key
stakeholders
• Report finalization
• Develop
understanding of
existing assets &
sponsorships
• Agree base inputs
for quantitative
evaluation of
impressions
• Assess Return on
Investment for
sponsors
• Establish values
for approach to
target sponsors
• Final Phase I
Report
Outputs
Specific Activities
Valuation Report– Key Activities
Project Initiation
& Site Visits
Assessment of
Media Exposure
Quantitative
Assessment of
Impressions
Benchmarking to
Validate Market
Value
Reporting &
Phase II Planning
2 Background & Methodology
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Packet Pg. 591 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 5 Site visits are undertaken where relevant to view the assets being valued. A digital inventory is compiled for each location that is used during the valuation process and subsequently, during development of promotional materials during the sales process. Superlative gathers site maps to document key details such as number of existing signage and venue specifications. This information is used to identify commercial opportunities as part of the Phase I valuation process.
Assessment of Media Exposure
Assessment of media exposure requires an understanding of the number of impressions which a corporate sponsorship would deliver. This involves gathering traffic statistics for specific venues and consideration of impressions from roadside signage, aerial views and naming on radio traffic updates or other media channels. Local rates are gathered from radio stations and billboard advertisers in order to establish accurate local benchmarks.
With the gathered data, Superlative generates an initial model of impressions. Superlative takes the following factors into account when determining the appropriate amount of impressions a piece of signage or collateral would receive:
Valuation Factors
• Sign Size – has a direct impact on visibility. Within a given market, advertising space carries a different value depending upon the number of impressions, which are used to calculate advertising rates. An impression indicates the number of times an advertisement is seen by pedestrians, motorists and transit riders.
• Location – Rates are higher in high demand areas. Billboards in New York City will carry some of the highest rates in the nation. Location also dictates the demographics of the audience. Airport advertising rates are high due to the premium demographics of air travelers.
• Rotation – In the case of digital advertising inventory, rates are based on the length of each advertisement.
Rotations can range from 8 seconds to 30 seconds (depending on average wait time in a given location) with OOH advertising agencies aiming to maximize the number of advertisers on each digital ad board. • Demand – Premium units and high-traffic transit stations in the heart of cities may have a long list of advertisers waiting to display their message. The proximity of certain ads to airports, shopping centers and other attractions also increases demand and price. Further, other events and timing make outdoor inventory more “precious” and can impact rates, such as large sporting events or beach adjacent inventory in the summer months.
• Population – Audience size will influence your billboard cost.
Sponsorship Rates
A sponsorship or naming rights buyer will typically invest in a naming opportunity based on a cost per thousand impressions (CPM) or cost per 30 seconds (CP:30) calculation for broadcast exposure. CPMs or CP:30s for naming rights or advertising programs vary due to location and the type, duration and quality of exposure. While an average CPM for a national television advertisement may be $28, a 30-second advertisement during the 2021 Super Bowl typically cost around $6.5 million, with CPMs in the range of $60 - $80. CPM values can vary considerably across the nation. As a result, Superlative applies local media rates to each project. Superlative made conservative assumptions in comparing these values to current and suggested sponsor exposure on facilities and assets (e.g., main identity signage).
The CPM value includes assessment of the demographics of the target audience and the quality of exposure to that audience. For example, sporting venues tend to be patronized by 18 to 34-year-old males, which is a “premium audience” in terms of the potential revenue for sponsors generated by this audience. Accordingly, sponsors wishing to gain exposure to this audience would target sports venues. The target demographic for other venues may be considerably different and hence, this must be taken into consideration as part of the valuation.
The following table sets out the average historic media rates from the Superlative database.
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Packet Pg. 592 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 6 Table 2.1.2 Traditional Media Rates
Traditional Media Rate Card Average CPM Cost per Impression TV $28.00 $0.0280
Magazines $17.00 $0.0170
Newspaper $17.00 $0.0170
Cable $12.00 $0.0120
Social Media $10.76 $0.0108
Radio $7.00 $070
Internet $3.60 $020
Mobile $2.23 $020
Average $12.20 $0.0120
Average across USA (exchange wire)
Table 2.1.3 shows current out-of-home media rates for the Los Angeles designated market area (DMA) considered as part of this study.
Table 2.1.3 Local OOH Media Rates
DMA DMA 18+
Population Media Type 4-Week Rate Per Face
4-Week Total
Rate CPP CPM
Los Angeles, CA 14,463,449 Digital Bulletin $8,750 $315,000 $785 $5.42 Los Angeles, CA 14,463,449 Bulletin (Static
Billboard) $6,430 $270,060 $681 $4.71
Los Angeles, CA 14,463,449 Posters $645 $92,235 $230 $1.59 The quality of exposure is determined by how prevalent the sponsor’s branding is during the exposure period and the impact that this placement will have on the target demographic.
Quantitative Evaluation of Impressions
Superlative uses financial modeling to assess the dollar value of impressions from the sponsorship (e.g. wayfinding signs, recognition on websites). Superlative assigns a CPM-based value to each component available for naming rights, based on the strength and reach of exposure for a possible partner associated with each branding opportunity.
In developing these values, Superlative uses a template financial model it has developed over time and adjusted the model to fit the saleable components of the City.
Benchmarking/Case Studies to Validate Market Value
In order to negate the short-fallings identified above, The Superlative Group identifies sector benchmarks (or comparables) for each opportunity, researching commercial and contract values.
In order to confirm that an impression-based valuation is appropriate and accurate, Superlative investigated the prices paid for similar properties and assets in similar markets. When evaluating benchmark comparisons, Superlative considers the prestige of each asset, likely partner interest, and geographic reach of each sponsorable asset. Superlative takes into account the geographic reach of a partnership opportunity as a whole, on a local, regional and/or national basis, but also the geographic reach of each individual asset. For example, an individual piece of signage within the interior of a property would have a local reach, while recognition on publications and/or signage within a transit car would reach a far broader audience. Assets are then ranked in order of potential to generate revenue to establish priorities for the sales process. A full list of the case studies considered by Superlative as part of its analysis can be found below in Section 4.
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Packet Pg. 593 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 7 3.1 Introduction
This Section of the Digital Wayfinding Out of Home (OOH) Advertising Kiosk Program Report provides a summary of the City’s top three proposals, Superlative’s analysis of the three factors the City requested (financial benefit, equipment and technology and timeline for implementation) and Superlative’s conclusions. Proposers are listed in alphabetical order in this section.
A full description of the City’s evaluation criteria is listed in Appendix A of this report.
3.2 BIG Outdoor
Introduction
BIG Outdoor is a privately held OOH media company focused on the development, marketing and sales of media assets in media markets across the country. Founded in 2010, BIG Outdoor is headquartered in Dallas and has satellite offices in New York and Los Angeles.
BIG Outdoor is currently partnered with Macerich at Santa Monica Place.
Overview
BIG Outdoor partnered with smartLINK (now known as Rove IQ), who creates the digital kiosk technology BIG Outdoor included in their proposal.
BIG Outdoor has dedicated a discounted sales program to local businesses in the community and is a member of the Santa Monica Chamber of Commerce.
Financial Benefit
BIG Outdoor projects gross annual revenue in year 1 at $18.2 million. After adjusting for expenses, if BIG Outdoor’s forecast is accurate, the City could recognize nearly $8.9 million in the first year. Total revenues for the City across the 50-kiosk program are forecasted at nearly $300 million for the City over a 20-year term. Table 3.2.1 on the following page highlights the projections over the term.
BIG Outdoor projects direct costs for the 50-kiosk program to total $6 million over the 20-year term, or $120,000 per kiosk over the term. This was assumed by BIG Outdoor as $3 million per phase. Additionally, BIG Outdoor projects annual operating and maintenance expenses to be $489,000 for Phase I. Assuming an operating and maintenance cost of $19,560 per kiosk per year, these costs will total $18.582 million over a 20-year term.
In total, BIG Outdoor projects nearly $25 million ($24.582 million) of expenses over the 20-year term. Total revenues for the City are $294.5 million after accounting for expenses and a 50 percent revenue share, which is highlighted in table 3.2.1 on the following page.
Signing Bonus
In addition to the partnership revenues, BIG Outdoor proposes a one-time signing bonus of $3 million, which would be paid to the City upon execution of an agreement. This is the only proposal of the three reviewed in this report that offered a signing bonus.
Minimum Annual Guarantee (MAG)
BIG Outdoor proposes a MAG of 50 percent of Adjusted Gross Revenues (AGR) or $5 million annually, whichever is greater. The $5 million MAG would be paid monthly once Phase I is fully developed and completed. Every three years the MAG would raise three percent. Table 3.2.2 on the following page highlights the change in the MAG over a 20-year term.
3 Proposals
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Packet Pg. 594 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 8 In order for the City to receive over the minimum $5 million MAG with 3 percent escalator every three years, the total AGR would need to be $217.9 million or less over the 20-year term.
Total
Assuming the above assumptions are true, with a $3 million signing bonus and MAG of nearly $109 million, the City could recognize a minimum of $112 million over a 20-year term through a partnership with BIG Outdoor. If BIG Outdoor’s revenue projection for the City of $294.5 million over the term is accurate, the City could recognize nearly $300 million over the term. The average annual revenue for the City is a guaranteed $5.6 million and projected $14.9 million, respectively.
Additional Value
BIG Outdoor proposes a 10 percent Share of Voice (SOV) of digital kiosk network to be allocated for the City’s use in addition to any unsold media.
Table 3.2.1 BIG Outdoor Projected City Revenue
Phase 1 Phase 2 Total
Year 1 $ 8,855,000.50 $ - $ 8,855,000.50
Year 2 $ 8,984,000.70 $ - $ 8,984,000.70
Year 3 $ 9,065,000.70 $ 4,468,000.09 $ 13,533,000.79
Year 4 $ 9,198,000.50 $ 4,533,000.32 $ 13,731,000.82
Year 5 $ 9,333,000.20 $ 4,599,000.45 $ 13,932,000.65
Year 6 $ 9,469,000.80 $ 4,666,000.50 $ 14,135,001.30
Year 7 $ 9,608,000.40 $ 4,734,000.47 $ 14,342,000.87
Year 8 $ 9,748,000.90 $ 4,803,000.37 $ 14,551,001.27
Year 9 $ 9,891,000.40 $ 4,873,000.23 $ 14,764,000.63
Year 10 $ 10,035,000.80 $ 4,944,000.04 $ 14,979,000.84
Year 11 $ 10,185,525.81 $ 5,018,160.04 $ 15,203,685.85
Year 12 $ 10,338,308.70 $ 5,093,432.44 $ 15,431,741.14
Year 13 $ 10,493,383.33 $ 5,169,833.93 $ 15,663,217.26
Year 14 $ 10,650,784.08 $ 5,247,381.44 $ 15,898,165.52
Year 15 $ 10,810,545.84 $ 5,326,092.16 $ 16,136,638.00
Year 16 $ 10,972,704.03 $ 5,405,983.54 $ 16,378,687.57
Year 17 $ 11,137,294.59 $ 5,487,073.29 $ 16,624,367.88
Year 18 $ 11,304,354.01 $ 5,569,379.39 $ 16,873,733.40
Year 19 $ 11,473,919.32 $ 5,652,920.08 $ 17,126,839.40
Year 20 $ 11,646,028.11 $ 5,737,713.89 $ 17,383,742.00
Total $ 203,198,853.71 $ 91,327,972.67 $ 294,526,826.38
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Packet Pg. 595 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 9 Table 3.2.2 BIG Outdoor Minimum Annual Guarantee
Minimum Annual
Guarantee (MAG)
Year 1 $ 5,000,000.00
Year 2 $ 5,000,000.00
Year 3 $ 5,000,000.00
Year 4 $ 5,150,000.00
Year 5 $ 5,150,000.00
Year 6 $ 5,150,000.00
Year 7 $ 5,304,500.00
Year 8 $ 5,304,500.00
Year 9 $ 5,304,500.00
Year 10 $ 5,463,635.00
Year 11 $ 5,463,635.00
Year 12 $ 5,463,635.00
Year 13 $ 5,627,544.05
Year 14 $ 5,627,544.05
Year 15 $ 5,627,544.05
Year 16 $ 5,796,370.37
Year 17 $ 5,796,370.37
Year 18 $ 5,796,370.37
Year 19 $ 5,970,261.48
Year 20 $ 5,970,261.48
Total $ 108,966,671.23
Equipment and Technology
As mentioned above, BIG Outdoor has partnered with smartLink for this proposal to use smartLink’s digital kiosk technology. The kiosks have a 10-year expected life with a 99 percent uptime.
Superlative reviewed the hardware and software specifications proposed by BIG Outdoor and it all meets the City’s criteria. With hardware such as an Intel Core I7 quad core processor, the CPU is high quality and will be able to perform all desired tasks such and media and analytical tasks.
The software proposed includes the ability to embed City transit and weather data to give real time updates on bus routes and weather forecasts. The kiosks can also connect with Google Maps to highlight local businesses, institutions, restaurants, retail and local landmarks. Additionally, the kiosks can provide users with a QR code to view information presented through the kiosks on one’s smartphone.
The proposed kiosks can also help with a number of key datapoints for the City. For example, the kiosks can install cameras to track daily traffic counts next to each kiosk as well as pedestrian traffic counts. As the program develops, this data could help the City attract new partners and businesses.
As a part of their quality control prior to deployment, BIG Outdoor performs an IP66 Water Test. This test rates a product as “dust tight” and protects against heavy seas. This test uses three 55-gallon drums of water, which sprays the kiosks from all angles to ensure protection from the elements.
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Packet Pg. 596 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 10 Timeline for Implementation
BIG Outdoor’s timeline is broken down into five phases below. Once a contract is in place, BIG Outdoor proposes a timeline of 26 – 33 weeks total.
• Phase I – Hardware Design & Procurement (16 weeks)
• Phase II – Software/UX Design (8-12 weeks)
• Phase III – Kiosk Preparation (1-2 weeks)
• Phase IV – Kiosk Installation & Staff Training (1-3 weeks) • Phase V – Ongoing Network Management
Conclusions
BIG Outdoor has the largest financial MAG and forecast of the three proposers by far. As the proposals currently stand, if BIG Outdoor is able to implement the proposed program for seven years ($38.7 million guaranteed), the City would recognize more revenue in that timeframe then it would with the fully matured 20-year program for either of the other two proposals.
It is important to financially vet any City partner, especially when proposals of this magnitude are presented.
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Packet Pg. 597 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 11 3.3 IKE (Interactive Kiosk Experience) Smart City
Introduction
IKE Smart City, a venture of Orange Barrel Media, was founded in 2015 with a focus on designing, constructing and implementing media. IKE launched in Denver, CO to support city revenues with a focus on creating interactive pedestrian wayfinding signage.
At the time IKE’s proposal was received by the City, IKE had successfully implemented digital kiosk networks in 11 cities and was weeks away from implementing four additional networks. Section 4.3 provides a list of these networks.
Some key features on IKE’s interactive digital kiosks include navigational assistance, ability to contact local law enforcement, free Wi-Fi and information to civic resources, safe shelters, events and local attractions. IKE’s technology also has the capability to broadcast emergency messaging to quickly provide messaging to the community.
IKE provided letters of support from Santa Monica Travel & Tourism, Santa Monica College, Downtown Santa Monica and local coffee shop Café Demitasse.
Financial Benefit
IKE Smart City proposed two options for the City. Each option is proposed at a 20-year term with a 10-year renewal option.
1. 50 percent net revenue share
2. An additional five percent revenue share to the City (55%) should the City be able to provide an efficient power source for the kiosks.
a. IKE defines efficient power as 75% of the kiosks meeting the following criteria i. The distance from the kiosk’s location to the power connection provided by the City is under 15 feet;
ii. IKE Smart City will only be required to meter one kiosk location of the City’s choice and be billed across the network based on the consumption of that kiosk; iii. The power type and capacity provided by the City meets IKE’s electrical requirements below; and
1. Up to two 20-amp dedicated circuits and five wires
2. Uninterrupted power of 110VAC or 120VAC
3. Able to accommodate a peak load of 30 amps
iv. IKE Smart City will be billed at the City’s rate for power consumption.
IKE estimates a $105,000 capital investment cost per kiosk. Additionally, IKE projects over $1 million in annual expenses in the first year (25 kiosks) and up to $3.1 million in annual expenses in year 20 of the program.
Signing Bonus
IKE Smart City did not propose a signing bonus for the City, which may be considered as a point of negotiation by the City.
Minimum Annual Guarantee
IKE Smart City proposed a MAG of $30,000 per kiosk deployed, with a two percent escalator each year following the deployment. Once fully deployed, the MAG would be more than $1.5 million. Table 3.3.1 below highlights the MAG for this opportunity.
Total
Assuming the above assumptions are true, the City could recognize a minimum of $35.4 million over a 20-year term through partnering with IKE Smart City. If IKE’ sales forecast over the term is accurate, the City could recognize $83.6 million over the term. This averages out to new revenues for the City of $1.7 million and $4.2 million annually, respectively. If the City chooses not to or is not able to meet IKE’s efficient power source request, the City is forecasted to receive $3.8 million on average per year.
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Packet Pg. 598 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 12 Table 3.3.2 on the following page provides an overview of the projected net revenue by year and the 50 and 55 percent revenue share the City would receive.
Additional Value
IKE proposed a 12.5 percent share in advertising time to be used by the City for the promotion of civic content, public service announcements or other communications by the City.
Table 3.3.1 IKE Smart City MAG
Year Phase I Phase II Total
Year 1 $ 750,000.00 $ 750,000.00
Year 2 $ 765,000.00 $ 750,000.00 $ 1,515,000.00
Year 3 $ 780,300.00 $ 765,000.00 $ 1,545,300.00
Year 4 $ 795,906.00 $ 780,300.00 $ 1,576,206.00
Year 5 $ 811,824.12 $ 795,906.00 $ 1,607,730.12
Year 6 $ 828,060.60 $ 811,824.12 $ 1,639,884.72
Year 7 $ 844,621.81 $ 828,060.60 $ 1,672,682.42
Year 8 $ 861,514.25 $ 844,621.81 $ 1,706,136.07
Year 9 $ 878,744.54 $ 861,514.25 $ 1,740,258.79
Year 10 $ 896,319.43 $ 878,744.54 $ 1,775,063.96
Year 11 $ 914,245.81 $ 896,319.43 $ 1,810,565.24
Year 12 $ 932,530.73 $ 914,245.81 $ 1,846,776.55
Year 13 $ 951,181.35 $ 932,530.73 $ 1,883,712.08
Year 14 $ 970,204.97 $ 951,181.35 $ 1,921,386.32
Year 15 $ 989,609.07 $ 970,204.97 $ 1,959,814.05
Year 16 $ 1,009,401.25 $ 989,609.07 $ 1,999,010.33
Year 17 $ 1,029,589.28 $ 1,009,401.25 $ 2,038,990.53
Year 18 $ 1,050,181.06 $ 1,029,589.28 $ 2,079,770.34
Year 19 $ 1,071,184.69 $ 1,050,181.06 $ 2,121,365.75
Year 20 $ 1,092,608.38 $ 1,071,184.69 $ 2,163,793.07
Total $ 18,223,027.35 $ 17,130,418.97 $ 35,353,446.32
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Packet Pg. 599 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 13 Table 3.3.2 IKE Smart City Sales Forecast and Proposed Revenue Share Year Net Revenue 50% Share 55% Share
Year 1 $1,977,208 $988,604 $1,087,464
Year 2 $4,313,779 $2,156,890 $2,372,578
Year 3 $5,379,369 $2,689,685 $2,958,653
Year 4 $6,179,729 $3,089,865 $3,398,851
Year 5 $6,388,460 $3,194,230 $3,513,653
Year 6 $6,603,267 $3,301,634 $3,631,797
Year 7 $6,824,332 $3,412,166 $3,753,383
Year 8 $7,051,844 $3,525,922 $3,878,514
Year 9 $7,285,994 $3,642,997 $4,007,297
Year 10 $7,526,984 $3,763,492 $4,139,841
Year 11 $7,906,048 $3,953,024 $4,348,326
Year 12 $8,290,658 $4,145,329 $4,559,862
Year 13 $8,550,000 $4,275,000 $4,702,500
Year 14 $8,817,038 $4,408,519 $4,849,371
Year 15 $9,092,004 $4,546,002 $5,000,602
Year 16 $9,375,137 $4,687,569 $5,156,325
Year 17 $9,666,679 $4,833,340 $5,316,673
Year 18 $9,966,885 $4,983,443 $5,481,787
Year 19 $10,276,014 $5,138,007 $5,651,808
Year 20 $10,594,333 $5,297,167 $5,826,883
Total $152,065,762 $76,032,881 $83,636,169
Equipment and Technology
As with the other proposals, Superlative reviewed the hardware and software specifications proposed by IKE Smart City and it all meets the City’s criteria. IKE listed its kiosk longevity as a minimum of 10 years, which is a common lifespan. IKE also proposed its screen monitors and computers replaced every five years. These replacements were calculated in its revenue share and cost proposal calculations.
IKE technology has experience in extreme heat and humidity through Tempe, AZ and Miami, FL. Kiosks are listed as corrosion-resistant for a minimum of 15 years. Other key design factors to handle the weather include flood sensors to power down if the water line reaches 18”, rated to withstand hurricane-force winds up to 165 mph, operating temperature of -20° to 120° Fahrenheit and 5% to 95% humidity and dust and water resistant to a rating of IP-56.
Although a slightly lower rating than BIG Outdoors IP rating, both are incredibly strong.
As with other proposals, IKE technology can implement a number of City and community benefits. Some of the benefits are listed below.
• Wayfinding
• City & Community Content
• Essential & Emergency Communications
• Accessibility
• Systems Integration
• Public Polling
• Data & Analytics
• Air Quality
• Mobile & Web Extensions
• Economic Development
One unique feature is the option for the City to poll kiosk users. This could provide the City with insights such as use of transportation, reason for using the kiosks, etc. Other valuable features include applications for social services,
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Packet Pg. 600 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 14 safe shelters, job boards and civic resources. This reaches residents who may need help but not have the resources such as internet at home to find the resources they need.
Image 3.3.3 below provides a screenshot of analytics the City could use through this partnership. The City could get a better understanding of the application usage and where each kiosk interaction occurs. This could potentially help the City implement a more strategic Phase II.
While all proposals meet the City’s ADA compliance requests, IKE is partnered with the National Federation of the Blind to allow for contactless solutions to allow for all users to have quality experiences with the kiosks. When developing this partnership, IKE conducted 21 usability sessions with blind and low-vision users to improve its accessibility. Through this partnership, IKE includes a braille plaque encouraging these users to scan a QR code to access the information through their phone and includes TalkBack and VoiceOver tools to assist with this process.
Image 3.3.3 IKE Smart City Analytics
Timeline for Implementation
IKE projects a three-to-six-month (12-24 week) timeline from the contract being awarded to the program going live. • Kiosk Design Begins (1-2 months)
o Kiosk Fabrication Begins (3 months)
• Pre-construction Siting Begins (1-3 months)
• Site Specific Due Diligence and Plans (2-4 months)
o Bidding, Installation and Deployment (1-2 months)
• Content Development Begins (3 months)
Conclusions
IKE provided a detailed proposal. Overall, Superlative believes its proposal ranks 2nd in financial benefit to the City, technology and equipment and timeline and implementation.
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Packet Pg. 601 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 15 3.4 Smart City Media
Overview
Smart City Media, LLC (SCM) was founded in 2015 and headquartered in New York City. As part of their proposal, Smart City Media has partnered with a number of companies. The companies and their respective focus are outlined in Table 3.4.1 below.
Table 3.4.1 Smart City Media Partners
Focus Company
ESG Funding Voya Financial
Media Channel CityPost (SCM)
National Ad Sales Capitol Outdoor
Local Ad Sales InSite Street Media
Smart Kiosks (MWBE) NANOV Display Inc.
Smart Integration (MWBE) Sology Solutions
Small Cell Connectivity Ubicquia
Smart City Intelligence Quantela
Shared Mobility Charge Hub EnerSys
Smart Wifi & Monetization Global Reach
Financial Benefit
Smart City Media projects $146 million in net revenues over a 20-year term. With a proposed revenue share of 25 percent, this could generate the City approximately $37 million over the term.
Signing Bonus
Smart City Media did not propose a signing bonus for the City, which could be a point of negotiation.
Minimum Annual Guarantee (MAG)
Smart City Media’s MAG was proposed as 25 percent. In this instance, Superlative believes a MAG should have a specific dollar value. Having a minimum annual guarantee as a percentage is synonymous with a revenue share offer. Often, a MAG is relevant to a portion of projected revenue but fixed in dollar amount, and then adjusted for inflation, as with the other proposals.
Total
Because Smart City Media did not propose a signing bonus or true MAG, the 25 percent revenue share is projected to net the City $36.5 million over a 20-year term.
Additional Value
Smart City Media proposed a 50 percent share between City content and advertising. While this would provide great value to the City, typical shares are between 10-25 percent.
Equipment and Technology
Smart City Media did not provide the same level of detail for hardware specs as did the other two proposers.
Additionally, the software capabilities mentioned are similar to the other proposals. The difference added value Smart City Media included in their proposal is through their partnerships, which would provide a number of unique technological opportunities to the program.
Ubicquia
Smart City Media partnered with Ubicquia for its proposal to create a small cell network and Wifi hotspots across the City. This partnership focuses on the connectivity of the network through the internet of things (IoT) and will support mobile integration.
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Packet Pg. 602 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 16 Quantela
One partnership Superlative would need to understand better is Smart City Media’s partnership with Quantela.
Quantela is listed as added value through “monetization of smart city digital endpoints”. The proposal highlights the ability to capture audience detail and analyze it to the upmost detail. Digital privacy is a large topic among the general population, and how the partner plans to use this data would need to be better understood before pursuing a partnership such as this.
Mobility Hub
In Superlative’s opinion, the most substantial partnership in this proposal is with EnerSys. Smart City Media proposed a shared mobility hub at the Pico Boulevard Entrance to Santa Monica College, which according to projections, would offset the entire kiosk program and make the program power-positive for the City. Its solar energy could also be stored to act as a generator to provide the City with reliable energy should backup power be needed.
CityPost App
CityPost is a user-friendly app that allows users to access the kiosk data through their phone. The app also allows for users to check wait times for transit stops. The app seems accessible and easy to use, but the few reviews on the Apple App Store have had issues with its accuracy. This would likely be connected to the transit system and not the fault of Smart City Media.
Through Superlative’s detailed review, most kiosk programs through the app provide updated events and promotions. However, not all locations have been maintained to the same level. For example, the application does not highlight any posts in its “Latest CityPost” articles for Louisville, KY. Additionally, the Little Rock, AR, network highlights the city’s “Lil’ Rockin Events”, which are city events. The app only highlights the “Ballet Arkansas Four Decades of Dance 19/20 Season”.
Image 3.4.2 Smart City Media CityPost App
• Arts & Culture
• City Visitor Information
• City Government Information
• Parks and Recreation
• City Attractions
• Restaurants and Bars
• Events
• Social Services
• Kids
• Programming
• Shops
• Living (hotels, apartments, etc.)
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Packet Pg. 603 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 17 Timeline for Implementation
From contract approval to the program going live, Smart City Media projects a 16-week timeline for implementation.
Table 3.4.3 below provides an overview of the projected timeline for implementation.
Table 3.4.3 Smart City Media Timeline
Action Week #
Contract Approval Week 1
Pre-Planning Meetings (hardware, software) Week 2
Review Final Site Selection Week 2-3
Initiate Permit Process Week 2-7
Hardware Manufacturing Starts Week 3
SCM Presents Kiosk Exterior Design for Approval Week 7
SCM Presents UI Colors for Approval Week 7
Prep Sites for Electric, Connectivity and Base Footings Week 7-10 Content Development Begins Week 8
Final System Test (in plant) Week 10
Ship to Warehouse, Uncrate and Test Prior to Install Week 11-13 Install Phase I Kiosks (25 double-sided) Week 13-15
Go Live (in sequence of installation) Week 16
Conclusions
Overall, Smart City Media proposed the shortest timeline for implementation but also had the lowest forecasted revenue for the City. It also more generally had the least detailed proposal including its revenue projections. Smart City Media did however provide unique sustainability initiatives including the shared mobility hub to power the entire kiosk network.
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Packet Pg. 604 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 18 3.5 Conclusions
It is important to consider all criteria identified by the City when reviewing a city-wide digital kiosk network.
Financial Benefits
Superlative conservatively projected the revenue for a two-phased approach for the City to implement a digital wayfinding OOH advertising kiosk program in December 2020. Total revenues for the City were projected at approximately $39.8 million, which is in line with the MAG offered by IKE Smart City ($35.4 million) and the forecast by Smart City Media ($36.5 million).
• The largest MAG was proposed by BIG Outdoor, which would guarantee the City $112 million over 20 years including the proposed $3 million signing bonus. The average annual revenue for the City is a guaranteed $5.6 million and projected $14.9 million, respectively. However, Superlative questions the feasibility of this offer, as it is clearly an outlier when compared to the other bidders’ proposals as well as Superlative’s revenue forecast for the asset.
• IKE Smart City had a strong financial offer with a MAG of $35.4 million over a 20-year term. Assuming IKE’s forecasts are accurate, the City could recognize $83.6 million over the term. Between the MAG and sales forecasts, the City could recognize new revenues between $1.7 million and $4.2 million annually. • The lowest financial commitment proposed was Smart City Media, which only committed a percentage of sales revenues as their MAG. Assuming Smart City Media’s forecasts are accurate, the City could expect to receive on average $1.8 million per year. The total value to the City over a 20-year term is $36.5 million.
With large guarantees and upfront costs, it is critical that the City fully vet each respondent including their financial positioning to ensure the proposed guaranteed payments are likely to occur.
Equipment and Technology
Each proposer meets the equipment and technology qualifications identified in the City’s RFP. While the City identified a number of factors in their scorecard (table A-1) for Experience & Technical Competence, most related to past work of each proposer. While these are incredibly important factors, Superlative believes equipment and technology should include the non-exhaustive list below. It is critical for the City to review other networks in person to fully test the products and communicate with key stakeholders at other cities. • Aesthetic/artistic customizes of kiosks;
• Accessibility;
• Connectivity;
• Energy usage;
• Speed for emergency messaging;
• User statistics at other programs;
• Useful life of kiosks; and
• Uptime.
Timeline for Implementation
All three proposals outlined a similar timeline for delivery. In this case, It is important to consider experience, references and time to implement vs. projected time to implement in other markets when reviewing this category. • BIG Outdoor
o 26-33 weeks
• IKE Smart City
o 3-6 months (12-24 weeks)
• Smart City Media
o 16 weeks
Recommendations and Suggested Next Steps
As the proposals stand, BIG Outdoor has made the largest guaranteed offer to the City. It is important for the City to consider the below factors in addition to financial commitment.
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Packet Pg. 605 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 19 Superlative has included the City’s scorecard in Appendix A of this report. The below includes general questions City personnel should consider in addition to the scorecard. • Financial Stability
o How has the value of assets, revenues, expenses, etc. changed over time for each proposer? What happened for these changes to occur?
o How likely is the proposer to meet its financial commitment? § What happens if a proposer cannot meet its financial commitment? o How does total annual revenues compare to proposer’s respective forecast? § What percent or proposer’s projected 2022+ revenue will be made up of revenue from the City of Santa Monica Digital Wayfinding OOH Advertising Kiosk Network? § Will each proposer need additional employees to support the network? o What are the projected costs for proposer to implement the two-phased network? § How will proposer fund the network if chosen (cash reserves, financial backing, etc.)? • References
o Respondents experience ranges in both the general OOH advertising space as well as the digital wayfinding OOH advertising kiosk program space.
o What does each reference the proposer listed say?
§ Are there any news articles/other highlighting other digital networks managed by the proposer that were not included in the references?
• What are the overall pros and cons being discussed?
o Does each proposer have experience in the state? The region? The city? o How accurate is each proposer’s forecasts for similar projects? § What was the forecasted revenue (per year and total) compared to the actual revenue for similar projects?
• Equipment and Technology
o Who will the City need to call should there be an issue? § Will the contact need to be onsite to fix the issue?
• How quickly will this contact be able to get onsite?
o How up-to-date are the other networks each proposer manages? o How long is the technology expected to last?
o Is the equipment and technology accessible?
o How sustainable and environmentally friendly are the kiosks proposed? • Timeline for Implementation
o How has each respondents’ timelines for implementation compared to their actual implementation for other municipalities/projects?
o Have the proposers dealt with roadblocks during the implementation phase? § If yes, what were the roadblocks and how did the proposer overcome the blocks? o Does the proposer have experience working in the municipal marketing sector? • Additional Benefits Offered to the City
o How many dedicated advertising slots will the City receive? § Will local business get free or discounted rates?
• What is the projected share between national and local brand recognition? o How will the proposer work with different City stakeholders? As a part of an additional scope of services, Superlative can analyze the respondents’ financial positionings and other necessary vetting.
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Packet Pg. 606 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 20 4.1 Introduction
This section of the report provides an overview of digital wayfinding OOH advertising kiosk programs across the country. It is important to consider case studies while reviewing a digital OOH opportunity such as the proposals that the City received, in order to gain an understanding of what is currently in place in other cities across the country. There are a number of factors and variables that impact value, which are not always quantifiable, such as size of the market, value of the audience/demographics, etc. These are qualitative benefits that impact the quantitative elements. Quantitative and qualitative benefits should be considered when reviewing the benchmarks in this section.
4.2 BIG Outdoor
Coverage
Of the three references BIG Outdoor provided, only one was a digital kiosk network. That reference, located on page 25 of the proposal, said it developed 16 double sided outdoor kiosks across two locations in the City of Cleveland.
The locations are Crocker Park (Westlake, OH) and Eton (Woodmere, OH), located in Cuyahoga County. IKE Smart City, as identified below, is contracted with the City of Cleveland for a digital kiosk network.
The below outlines the markets that BIG Outdoor lists on their website. Their website highlights only static kiosk advertising.
• New York
• Los Angeles
• Chicago
• Dallas
• San Francisco
• Philadelphia
• San Diego
• Boston
• Atlanta
• Portland
• Austin
According to the proposal, smartLINK is implementing its products across a number of smart cities and mixed-use developments across the country. Those developments include:
• Atlantic Station (Atlanta, GA)
• Avalon (Atlanta, GA)
• City Center Bishop Ranch (Bay Area, CA)
• City of Cape Coral, FL
• City of Lawrenceburg, IN
• CityPlace Doral (Miami, FL)
• Crocker Park (Westlake, OH)
• Disney Springs (Orlando, FL)
• Fashion Island (Newport Beach, CA)
• Irvine Spectrum (Irvine, CA)
• Mary Brickell Village (Miami, FL)
4 Case Studies
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Packet Pg. 607 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 21 4.3 IKE Smart City
Coverage
IKE, a venture of Orange Barrel Media, was founded in 2015 with a focus on designing, constructing and implementing media. IKE launched in Denver, CO to support city revenues with a focus on creating interactive pedestrian wayfinding signage. IKE covers a number of digital kiosk networks across the US. According to IKE, four new programs were scheduled to launch a few weeks after submitting their proposal.
Live Networks
• Tampa, FL
• Denver, CO
• Miami, FL
• Cleveland, OH
• St. Louis, MO
• Baltimore, MD
• San Antonio, TX
• Columbus, OH
• Berkeley, CA
• Coral Gables, FL
• Tempe, AZ
Under construction at time of proposal (Feb. 2022 launch) • Atlanta, GA
• Houston, TX
• Detroit, MI
• Cincinnati, OH
City of Houston
In May 2021, the City of Houston and IKE Smart City agreed on an initial 12-year term to implement 75 digital kiosks across the city during its Phase I. The agreement included a two-year planning process, installing the kiosks by 2024.
The agreement provides the City of Houston with a 42 percent revenue share, and guaranteed revenues of between $11 million to $16 million over the initial term. The MAG range is dependent on the implementation of a potential Phase II, which would grow the network to 125 kiosks. Figure 4.3.1 below highlights the forecasted net revenue through the program over the initial term and the MAG to the city. The Mag in this figure assumes that Phase II would be implemented in the 7th year of operation, bringing the average MAG up from approximately $1 million annually to nearly $2 million.
In total, the forecast projects the city could make between $35 million to $50 million over the initial 12-year term.
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Packet Pg. 608 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 22 Figure 4.3.1
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Packet Pg. 609 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 23 City of San Antonio
In December 2017, the City of San Antonio and IKE Smart City agreed on a five-year term contract with the option for the City to renew for up to four additional one-year periods. The City of San Antonio is contracted to receive
21.5 percent of the net revenue through the proposed 25 kiosk network. The city agreed to a minimum annual guarantee of $937,080 for the initial five-year term.
The City of San Antonio directed content is agreed to occupy a minimum of 66 percent of the screen area on each kiosk during interactive mode and one of passive mode at least one spot out of every eight spots shown on the IKE kiosk screen will contain city directed content. Per the contract between the city and IKE Smart City, all rotations will be of equal duration. Passive mode is the loop of advertisements and interactive mode transitions the screen once pedestrians begin to interact with the kiosk.
The minimal annual guarantee is honored by IKE Smart City if no fewer than 25 Kiosks are installed. If less than 25 kiosks are installed, then the term shall decrease by 4 percent for each IKE kiosk that is not installed and operational.
Table 4.3.2 MAG to the City of San Antonio
Year Minimum Annual
Guarantee
Year 1 $ 150,000
Year 2 $ 175,000
Year 3 $ 200,000
Year 4 $ 204,000
Year 5 $ 208,080
Renewal 1 $ 212,241.60
Renewal 2 $ 216,486.43
Renewal 3 $ 220,816.16
Renewal 4 $ 225,232.48
City of Miami Beach
The City of Miami Beach awarded IKE Smart City in spring of 2020 to install 30 kiosks over a 20-year term. The city agreed to receive 40 percent of net revenues from IKE. IKE projected the city would receive between $1,500,000 and $2,000,000 annually and between $30,000,000 and $40,000,000 over the term.
Direct content provided by the city is guaranteed in one out of every eight advertising spots through the contract.
A minimum of 66 percent of the screen area must be occupied by directed content. It is important to note that if more than 50 kiosks are installed up to 20 percent of the locations will be in underserved areas and if fewer than 50 kiosks are installed at least 10 percent must be in underserved areas.
City of Detroit
The City of Detroit and IKE Smart City recently entered into a 15-year agreement to install at least 30 kiosks. The residents of Detroit asked city to opt out of the optional security cameras due to privacy concerns. This is the first known network to Superlative where the city opted out of the optional security cameras. The residents were sited with concerns about unwanted surveillance and other facial recognition features that may provide a user’s personal information to third parties.
City of Berkeley, California
In September 2018, Visit Berkeley, on behalf of the City of Berkeley, and IKE Smart City agreed upon a 25-year contract to install 31 kiosks. Visit Berkeley is a contracting agent to the city for marketing, wayfinding and other information.
IKE agreed to a 10 percent gross revenue share to Visit Berkeley in the first two years of the program and 25 percent in the following years of the term. Through its agreement with the city, Visit Berkeley has the option to retain the
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Packet Pg. 610 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 24 lesser amount of 25 percent of the revenue share or $100,000 for its costs for administration of the program and will distribute the remainder of the revenue share to the City of Berkeley. The City of Berkeley is expected to receive approximately $829,361 per year in revenue once the program is fully deployed or approximately $26,754 per year per kiosk.
According to the agreement, requests to move a kiosk won’t be considered within two years of the initial installation of the kiosks. The City is then able to request one relocation and/or removal of a kiosk per year. The City may also require the temporary removal or the permanent relocation of kiosks when necessary to facilitate streetscape improvement or to address public health or safety concerns. Members of the public are able to initiate a kiosk removal or relocation, by generating a petition signed by 50 percent of the property owners and business owners within a 300-foot radius of the location of the kiosk.
When the kiosk is in interactive mode, Visit Berkeley content will occupy a minimum of 66 percent of the screen area on each of the IKE kiosks. When the kiosk is in passive mode, at least one spot (or unit of time when content is displayed) out of every eight spots shown on and IKE kiosks screen will contain Visit Berkeley directed content.
IKE installed two different models, the IKE Mini and the IKE Standard. The Mini is a compact six-foot-tall model for placement in lower density areas with smaller architectural structures, narrow sidewalks, and slower moving traffic.
The Standard is approximately eight foot tall and is intended for high density areas with larger buildings, large sidewalks, and fast-moving traffic.
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Packet Pg. 611 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 25 4.4 Smart City Media
Coverage
Smart City Media has worked with a number of municipalities to implement digital kiosk networks. It is unclear through their proposal and website how many systems are in their network. The below include Smart City Media case studies.
City of Milwaukee
The City of Milwaukee awarded Smart City Media a contract in late 2019 to install 35 digital kiosks throughout the downtown area, with a focus along the city’s streetcar (The Hop MKE) route. The initial agreement includes a 10- year term. The City of Milwaukee receives 20 percent of the advertising revenue over the first three years, 25 percent for the following three years and 33 percent the remaining four years. Based on Smart City Media forecasts, the City of Milwaukee is expected to receive between $300,000 and $500,000 annually.
The kiosk screens display arrival times, local content or public messaging during the slots that are not sold by Smart City Media.
Montgomery County, Maryland
In March of 2020, Montgomery County and Smart City Media agreed upon a five-year contract to install interactive digital information kiosks. The County has two options for additional five-year terms. The total agreement could last up to 15 years.
Smart City Media agreed to pay the County a franchise fee of 25 percent of the net revenues. The commission rate for third party advertising sales needed approval from the county because the county has a 15 percent commission threshold.
City of Scranton, Pennsylvania
The City of Scranton awarded Smart City Media in 2017 a contract to install interactive digital kiosks for a minimum of a five-year term with the option to renew for an additional five years. Smart City Media projected the city could receive a net revenue of $800,000 over the life of the contract with a 25 percent of the net advertising revenue.
City of Aurora, Illinois
In 2018, the City of Aurora awarded Smart City Media a five-year contract to install interactive digital kiosks. Smart City Media and the city have a mutual option to renew for an additional five years. It is expected that 60 percent of the content on the kiosk will be local advertising or information provided by the city and the remaining 40 percent will be sold to national brands. The national brand advertising is expected to provide the majority of the revenues for the program.
The City of Aurora will receive 25 percent of all advertising revenue and it is estimated that the city will receive $700,000 in revenue over ten years, assuming the two parties mutually opt into the five-year extension.
City of Little Rock, Arkansas
In 2018, the City of Little Rock awarded Smart City Media and Duke Energy One Partnership the contract to install interactive digital kiosks. The majority of the content came from the city’s website and the Little Rock Convention and Visitors Bureau website. The Downtown Little Rock Partnership also created some content for the message boards. Smart City Media pays the city 25 percent of its net advertising revenue. The city was expected to receive $100,000 from the first year of the partnership.
Through the agreement, small local businesses have the opportunity to be on the network for free. The business will only need to pay if it wants guaranteed placement in the kiosk interactive screen or a desired number of rotations.
The partnership between Smart City Media and Duke Energy One is in an effort to deploy outdoor digital technology to help people in various North American cities better connect with their communities. Duke Energy One is a subsidiary of Duke Energy. The partnership leverages smart infrastructure, including connected devices, sensors, and data analytics, to improve quality of life for residents, enhance economic growth and address urban challenges.
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Packet Pg. 612 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 26 4.5 Intersection/Titan Outdoor LLC
City of Philadelphia
Intersection’s Link Network
In 2014, the City of Philadelphia, PA, signed a 20-year concessionaire agreement with Titan Outdoor LLC (now Intersection) that would provide $12 million in new transportation infrastructure for the city, including 600 SEPTA bus shelters installed and maintained by the company, and generate projected $100 million in advertising revenue over the term of the agreement. As part of this initiative, Intersection installed 100 “LinkPHL” kiosks in Center City, University City and other Philadelphia neighborhoods between 2017 and 2019, deploying a proprietary technology that had been pioneered by the company in New York City in 2016 (LinkNYC). During the same period, Link kiosks were also installed through concessionaire agreements in Newark, New Jersey (LinkNWK) and the United Kingdom (InLinkUK, Intersection’s international sister project), with plans for future rollout in other major municipalities in the United States and internationally.
Specifications
Intersection’s Link kiosks measure 9.5 feet in height and feature 27” x 55” 1080p LED display panels on each face, in addition to two (2) USB ports and a 911 button (999 in the UK). The kiosks offer free WiFi connectivity and allow users to charge their devices, make calls from the kiosk and download music or movies for free. The panels support static and dynamic advertising content in rotating 10-second avails. Through partnership with local transit agencies, the digital panels can also be programmed to provide real-time transit information (e.g., bus arrival times), in addition to weather updates, voter registration, healthcare enrollment and other public services and messaging.
According to a City of Philadelphia official cited by The Philadelphia Inquirer, each kiosk costs “tens of thousands” of dollars each.
Advertising and Sponsorship Revenue
According to a 2017 Philadelphia Magazine article, the City of Philadelphia shares 50 percent of the advertising revenue with Intersection after capital expenses (production, installation and maintenance), with a $450,000 minimum annual guarantee. As a part of the agreement, the city also received 10 percent of rotations to promote city events and public information.
Per The Philadelphia Inquirer and other local news sources, the LinkPHL network is sponsored by PECO, Pennsylvania’s largest electric and natural gas utility and subsidiary of ComEd, although Superlative was unable to locate any formal agreement that would verify this arrangement. In exchange, PECO receives prime advertising inventory across the kiosk network, with Philadelphia Museum of Art and other advertisers receiving substantial, but secondary, inventory. These arrangements are projected to generate $18 million over a 15-year contract period, or an estimated $1.2 million per annum.
In New York, which to date has installed more than 1,300 LinkNYC kiosks, the kiosks generated $37.3 million in advertising revenue within one year of installation through partners like Verizon.
Rates, CPMs and Other Metrics
According to the Inquirer, Intersection’s rate card for LinkPHL advertising is $25 per 1,000 views, or $25 CPM, determined by a third-party service, Geopath, through variables like foot traffic and census data to estimate the number of views per kiosk. According to Global, the third-party out-of-home advertising for InLinkUK in London, LinkNYC kiosks received over one million users in the first 12 months and 82 million WiFi sessions.
In greater context, Intersection’s website calculates a total of 2,200-plus Link kiosks in New York, Philadelphia and across the UK, which are used by 11 million consumers every week and generate 645 million weekly impressions with consumers aged 18 or older.
Revenue Share
Table 4.5.1 below provides an overview of the revenue share from the original Titan Outdoor contract with the City of Philadelphia. This table breaks down the monthly MAG (Minimum Annual Guarantee) and the proposed revenue share for the different proposed assets as part of the agreement. The revenue share is critical to Superlative’s analysis, as it demonstrates that another major municipality, the City of Philadelphia, was guaranteed a 50 percent share for each year during the life of the agreement, a monthly minimum payment guarantee (MAG) and a variable CPI escalator over the 20-year term, each of which Superlative considers to be best practice.
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Packet Pg. 613 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 27 Table 4.5.1 Titan Outdoor (now Intersection) Revenue Share Agreement with the City of Philadelphia Year MAG Shelters and
Head Houses
MAG Monthly
Payment
Revenue Share
(Shelters & Head
Houses)
Revenue Share
(Kiosks, Condos and
Benches)
1 (2015) $1,425,000 $ 118,750 17.5% 50.0%
2 $1,525,000 $ 127,083 17.5% 50.0%
3 $1,625,000 $ 135,417 17.5% 50.0%
4 $1,725,000 $ 143,750 17.5% 50.0%
5 (2019) $1,825,000 $ 152,083 17.5% 50.0%
6 $1,900,000 $ 158,333 17.5% 50.0%
7 $2,000,000 $ 166,667 17.5% 50.0%
8 $2,295,000 $ 191,250 22.0% 50.0%
9 $2,375,000 $ 197,917 22.0% 50.0%
10 (2024) $2,575,000 $ 214,583 23.0% 50.0%
11 $2,655,000 $ 221,250 23.0% 50.0%
12 $2,745,000 $ 228,750 23.0% 50.0%
13 $2,900,000 $ 241,667 25.0% 50.0%
14 $2,985,000 $ 248,750 25.0% 50.0%
15 (2029) $3,075,000 $ 256,250 25.0% 50.0%
16 $3,515,000 $ 292,917 27.0% 50.0%
17 $3,620,000 $ 301,667 27.0% 50.0%
18 $3,730,000 $ 310,833 27.0% 50.0%
19 $3,830,000 $ 319,167 27.0% 50.0%
20 (2034) $3,945,000 $ 328,750 27.0% 50.0%
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Packet Pg. 614 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 28 Digital Kiosk Revenues and CPMs
As noted above, Intersection’s website calculates a total of 2,200-plus Link kiosks in New York, Philadelphia and across the UK, which are used by 11 million consumers every week and generate 645 million weekly impressions with consumers aged 18 or older. Extrapolating this data further based on the published rack rate of $25 per 1,000 views, Links around the world have the potential to generate $16.125 million in revenue per week, or more than $403 million annually. Per machine—absent any reference points for specific metrics for impressions generated by each unit—this amounts to an average of 260,000 consumers and 15.2 million impressions annually. Based on reported revenue generated by these campaigns, the actual cost per thousand (CPM) paid by advertisers on Link kiosks ranges between $0.58 and $1.88, depending on the market. SEPTA advertising partners received rotations on subway ticket vending machines as a value-added benefit to existing OOH contracts.
Table 4.5.2
Agency/Entity DMA Asset Partner(s) Year
Consumers
Reached (Avg.
per Machine)
Impressions
(Avg. per
Machine)
Wi-Fi
Sessions
(Avg. per
Machine)
Total Annual
Revenue (or
MAG)
Machines Avg. per
machine CPM
SEPTA PA LinkPHL PECO
Energy 2019 260,000 15,245,455 468,000 $ 1,800,000 100 $ 18,000 $ 1.80 New York MTA NY LinkNYC Verizon 2019 260,000 15,245,455 468,000 $ 37,300,000 1,300 $ 28,692 $ 1.88 United Kingdom (Various) UK InLink BT 2017 260,000 15,245,455 468,000 $ 6,613,500 750 $ 8,818 $ 0.58
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Packet Pg. 615 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 29 4.6 Outfront/Decaux Street Furniture
City of West Hollywood
In 2017, the City of West Hollywood and Outfront/Decaux Street Furniture agreed on a 10-year term for street furniture advertising. It is important to note that street advertising is OOH advertising that is affixed to street furniture using various displays at eye-level for pedestrians. In this instance, the street furniture is affixed to bus shelters and bike station kiosks.
Outfront/Decaux Street Furniture agreed to invest $7 million over the initial term which includes the cost to replace assets after the end of their useful life or a technical refresh. The assets, similar yet different to the digital kiosks proposed for the City of Santa Monica, are outlined below.
Table 4.6.1
Street Media Panels
Bus Shelters
Digital static 25
Digital full motion 25
Classic posters 50
Bike Station Kiosks
Classic Posters 15
Total Media Panels 115
Revenue
Within 20 days after the end of each license year, the city will receive the below percent of net revenues, less the MAG paid for such license year.
• 32% of Net Revenues up to $5,500,000;
• 40% of Net Revenues between $5,500,000 and $6,500,000; and • 50% of Net Revenues above $6,500,000.
Table 4.6.2
License Year Minimum Annual
Guarantee (MAG) Quarterly Payment
Year 1 $ 1,250,000 $312,500
Year 2 $ 1,750,000 $437,500
Year 3 $ 1,800,000 $450,000
Year 4 $ 1,850,000 $462,500
Year 5 $ 1,900,000 $475,000
Year 6 $ 1,950,000 $487,500
Year 7 $ 2,000,000 $500,000
Year 8 $ 2,050,000 $512,500
Year 9 $ 2,100,000 $525,000
Year 10 $ 2,150,000 $537,500
City of West Hollywood License Agreement for Street Furniture Exhibit A
5.a Relocation of Inventory
At the City’s request, Licensee shall remove or relocate elements of street furniture, up to an aggregated annual expenditure limitation of fifty thousand ($50,000) dollars.
Conclusion
When reviewing benchmarks, it is important to consider factors outside of revenue such as the market and additional benefits. Superlative elected to include this example because of the proximity to the City of Santa Monica as well as the revenue share agreement for the OOH advertising.
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Packet Pg. 616 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 30 4.7 Conclusions
Every agreement is unique. When reviewing the case studies identified above, it is important to consider a number of variables that could impact the minimum annual guarantee, revenue share and ultimately the total revenue recognized by a city. Variables that could impact revenue include but are not limited to the below. • Audience
o Market size
§ Tourism and total market reach
o Value of audience
§ Desirability for local, regional and national brands to engage with audience • Kiosks
o Number of kiosks implemented
o Location of kiosks
§ Pedestrian traffic vs. vehicular traffic
§ Proximity to major attractions
o Timeline for implementation
§ This can be impacted by a number of factors. Cities may be in different stages of planning when they go to RFP for these opportunities.
• The City and Superlative dedicated months determining the number of kiosks, location of each kiosk and the phasing of each kiosk. Some agreements have built in time to go through this process.
• Term of agreement
o Due to the cost to implement a digital kiosk program, a longer term typically has a better revenue share.
• Advertising
o Other OOH advertising opportunities in market
§ Billboards, transit, etc.
o City’s desire for its own messaging
• Competition
o Number of digital kiosk OOH advertisers in the market, or desire for other to get into market.
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Packet Pg. 617 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 31 5.1 Introduction
In April 2022, the City approved a second modification to the agreement for Superlative to conduct a valuation of viable advertising, naming rights and other sponsorship opportunities related to the City’s assets.
The key objectives of this exercise are to:
• Complete a comprehensive review of the Proposals received by the City; • Provide an analysis of each Proposal’s overall financial benefit to the City; • Provide an analysis of the proposed equipment and technology to be used by each proposer; • Compare the proposed timelines for Project implementation included in each Proposal to the realistic timelines needed for Project implementation;
• Provide benchmark valuations of similar Project arrangements from around the United States; and • Provide recommendations to the City, as requested, on the approach to negotiations with the proposers.
This report presents the findings from Superlative’s valuation process.
5.2 Project Overview
The City issued an RFP in December 2021. Through the public bidding process, the City received six proposals, with varying revenue projections, technologies, strategies and timelines for implementation. After internal discussions, the City identified the top three proposers based on the factors above. Those proposers, who will be described in more detail in the following sections, are listed below in alphabetical order. • BIG Outdoor
• IKE Smart City
• Smart City Media
This valuation reviewed those top bidders’ proposals to the City to identify the best fit and most lucrative opportunity.
5.3 Conclusions and Recommendations
Table 5.3.1 below summarizes the financial benefit from the three proposers outlined in this report. The average annual floor contemplates the total guaranteed value the City could receive over the 20-year term. The average annual ceiling contemplates the forecasted sales figures provided by each proposer, adjusted for the City’s proposed revenue share, then averaged over the 20-year term.
Table 5.3.1
Proposer Signing Bonus
Total
Guarantee (20- Year Term)Revenue Share Projected Revenue for the City (20-Year Term)
Average
Annual Floor
Average
Annual Ceiling
BIG Outdoor $3,000,000 $111,966,671 50% $297,526,826 $5,598,334 $14,876,341 IKE Smart City $0 $35,353,446 50-55% $83,636,169 $1,767,672 $4,181,808 Smart City
Media $0 $0 25% $36,500,000 $0 $1,825,000
5 Conclusions and Recommendations
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Packet Pg. 618 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 32 The proposals reviewed in this report present Superlative’s detailed review of the information presented in the proposals received by the City. As a next step, Superlative suggests the three key objectives:
1. Financially vet each proposer.
2. Meet with as many of the groups below to get a deeper understanding of the proposers. a. Proposers
b. References provided
c. Other cities
d. Etc.
3. Review as many digital kiosks as possible.
a. Preferably networks that are a few years old to review how the technology ages.
Either in tandem or following this process, a negotiation process should occur with the proposers to ensure the City maximizes its revenue.
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Packet Pg. 619 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading -
CITY OF SANTA MONICA DIGITAL WAYFINDING OOH ADVERTISING KIOSK PROGRAM 33 Table A-1
No. Evaluation Criteria Scoring
Method Weight (Points)
1. Experience & Technical Competence
Up to 20 points may be awarded based on the evaluation of the proposer’s knowledge and prior experience. Evaluation will be based on relevant experience of key personnel based on resumes showing technical knowledge and experience. Evaluation will also be based on level of the firm’s previous projects of comparable complexity, scale of nature; training and proven expertise in the area of work required; experience in projects completed for public entities; and the firm’s proposed work plan.
Points Based 20
(20% of Total)
2. Ability to Meet Project Work Plan & Timelines
Up to 15 points may be awarded based on the consultant’s ability to perform the work within the desired time frame. The ability and experience in assembling a highly qualified staff. The ability to provide the City with approval of management and representatives assigned to the engagement and provide assurance of resources to accommodate changes or turnover in staff. Efficiency and timeliness in completion of projects; specifically note where required reporting deadlines were not met.
Points Based 15
(15% of Total)
3. Quality Control
Up to 15 points may be awarded based on whether the distinctive goals established for each component is met. Brief descriptions of previous project experiences should be used as examples of how quality control was achieved with former clients.
Points Based 15
(15% of Total)
4. Revenue Projections & Profit Sharing
Up to 25 points may be awarded to proposals with the greatest and most realistic revenue projections, proposed sharing of profits, and minimum annual revenue guaranteed to the City. The consultant’s overall revenue sharing proposal for the project should reflect cost effective work and services. Cost control, performance, prudent auditing practices, overall management, and clear and constant communication with City staff are essential to the success of this project. Brief descriptions of previous project experiences should be used as examples of how this was achieved with former clients, along with key examples of the firm’s accuracy in cost estimating.
Points Based 25
(25% of Total)
5. Stability & References
Up to 10 points may be awarded upon an evaluation of proposer’s work for similar engagements and proposer's financial and structural stability. Please submit at least three references from other public entities. Additionally, provide evidence of insurance; description of firm size and structure, including number of partners and owners; and confirmation of firm’s independence and license to practice in California.
The Proposer must provide copies of audited financial statements for the most recent three (3) fiscal years for the entity that is proposed to sign the Contract. Audited financial statements should include balance sheet, income statement, footnotes, and subsidiary schedules.
A. If the entity that will sign the Contract has a parent company or is proposing as a joint venture, the parent company or joint venture companies must also provide audited financial statements for the most recent three fiscal years.
The parent company must provide a statement indicating its intent and means to provide financial assurance of performance.
B. If the entity that will sign the Contract has been in existence less than three years, the Proposer must provide sufficient financial data to substantiate, to the satisfaction of the City, the Proposer’s financial capability.
C. In addition to the audited financial statements, the Proposer must provide a statement from the Chief Financial Officer indicating that there has been no material change in the financial circumstances of the proposing entity (or its parent company or City’s if they are providing financial assurance of performance) since the date of the last audited financial statements.
Points Based 10
(10% of Total)
6. Value-Add & Breadth of Service
Up to 15 points may be awarded based on the proposer's ability to provide insight and information, industry best practices, and the ability to effectively communicate information to management and provide technical training or resources. Any additional products or services that can add value to the program, products or services.
Points Based 15
(15% of Total)
A City of Santa Monica’s Evaluation Criteria
12.A.f
Packet Pg. 620 Attachment: City of Santa Monica - Digital Wayfinding & OOH Advertising Kiosk Program Final Report 12.07.2022 (5271 : 1st Reading - Big Outdoor Investments, LLC
(i) Bradley D. Berkley, CEO, (ii) Eric
Niemeyer, President, (iii) Brad Chapman, CFO, and (iv) Erin Watkins, Secretary Bradley D. Berkley
Erin Watkins Secretary
[email protected]
January 18, 2022
(214) 919-2535
12.A.g
Packet Pg. 621 Attachment: Oaks Initiative Disclosure (5271 : 1st Reading - Ordinance to Award OOH Kiosk Franchise (75 mins)) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to Audit Subcommittee for unscheduled vacancy of Councilmember seat for term ending 6/30/2023
Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
16.A
Packet Pg. 622
City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Davis to appoint a Councilmember as a Governing Board Representative to the Westside Cities Council of Governments (COG) and designate an Alternate Governing Board Representative. The Joint Powers Authority and By-laws require each City Council to designate one of its Councilmembers as a Governing Board Representative and one Councilmember as an Alternate Governing Board Representative.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.B
Packet Pg. 623
City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to accept Caron Block's resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
Attachments:
A. Resignation
16.C
Packet Pg. 624
1 Esterlina Lugo
Subject: RE: Resignation
From: Caron Block <[email protected]>
Sent: Tuesday, December 6, 2022 11:23 AM
To: Alex Elliott <[email protected]>
Subject: Resignation
Dear Commissioner Elliot,
First I apologize for missing the meeting last night. Second, I am submitting my resignation. I know you have had a difficult time running this committee during Covid. I feel I cannot get anything done for a variety of reasons in addition to Covid and perhaps someone else will be more effective. I am available to speak with you at any time if you’d like.
Thank you for your work as chairman.
Best regards
Caron Block
Get Outlook for iOS
16.C.a
Packet Pg. 625 Attachment: Resignation (5516 : Resignation: DISABILITIES_C.Block (2 mins)) City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Recommendation to rescind the July 14, 2022 appointment of Alexandra Blanc to the Disabilities Commission for failure to attend Commission Meetings since Appointment; and, Authorization for the City Clerk to Publish Vacancy
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council
16.D
Packet Pg. 626