Agenda packet — Santa Monica City Council, April 25, 2023 (part 1 of 2)

City of Santa Monica
City Council Meeting
AGENDA

GLEAM DAVIS
MAYOR

PHIL BROCK LANA NEGRETE

COUNCILMEMBER MAYOR PRO TEM

CHRISTINE PARRA CAROLINE TOROSIS

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 4/24/2023 4:38 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.

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

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

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

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

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

3. Closed Session.

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

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

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

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

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

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

16. Councilmember Discussion Items.

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

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

City of Santa Monica Generated: 4/24/2023 4:38 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR AND SPECIAL JOINT MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, APRIL 25, 2023
MEETING BEGINS AT 5:30 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:

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

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

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

ITEMS, CONSENT CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Real Estate Negotiator pursuant to Government Code Section 54956.8: Properties: Santa Monica Place Parking Structures 7 and 8, Downtown Santa Monica California; City Negotiator: Melissa Spagnuolo, Community Partnership Manager; Owner of Record: City of Santa Monica; Persons to be negotiated with: Julia Ladd, Jon Stoeckly, Macerich; Under negotiation: Price and Terms of Payment for Billboard License on Parking Structures - New Item Received 4/20/2023

3.B. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1): - New Item Received 4/20/2023
City of Santa Monica Generated: 4/24/2023 4:38 PM Page 4 Joseph Hollins v. Santa Monica Police Activities League, et al., LASC Case No. 21STCV24491; John Doe (DC) v. Santa Monica PAL, et al., LASC Case No. 21STCV47551; John Doe (MU) v.

Santa Monica PAL, et al., LASC Case No. 22STCV17022; John Doe (FM) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02617; John Doe (SM) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02586; John Doe (JA) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02615; John Doe #1-#4 v. Does 1-50, LASC Case No. 21STCV34537; John Doe #5 and John Doe #6 v.

Does 1-50, LASC Case No. 22STCV08765; John Doe #7 et al. v. City of Santa Monica, et al., LASC Case No. 22STCV35685; John Doe 142 v. Doe 1, et al., LASC Case No. 22SMCV02483; John Doe #12 v. Santa Monica Police Activities League, et al., LASC Case No. 22SMCV01804; John VMA Doe, et al. v. City of Santa Monica, et al., LASC Case No. 22STCV30598; John Doe #1 (J.M.), John Doe #2 (A.M.), and John Doe #3 (H.U.) v. City of Santa Monica, et al., LASC Case No. 22SMCV02926; Jose Villaseñor v. Doe 1, et al., LASC Case No. 22STCV17835; John Doe #1, et al. v. Roe #1, et al., LASC Case No. 22STCV03113; John Doe #4 v. Santa Monica Police Activities League, et al., LASC Case No. 22SMCV01081; John Doe #5 (R.A.), et al. v.

Roe #1, et al., LASC Case No. 22SMCV02729; John Doe #8 (C.S.) v. Roe #1, et al., LASC Case No. 22SMCV02783; John Doe #9 (P.G.) v. Roe #1, et al., LASC Case No. 22SMCV02754; Melissa Campos, a successor in interest to decedent John Doe J.L., et al. v. Santa Monica Police Activities League, et al., LASC Case No. 22SMCV02976; John T.A.U. Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV19401; John A.Y.U. Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV38169; John FM Doe, et al. v. Roe #1, et al., LASC Case No. 22SMCV02054; John MB Doe, et al. v. City of Santa Monica, et al., LASC Case No. 22SMCV02049; John JS Doe v. Roe #1, et al., LASC Case No. 22SMCV02279; John GG Doe v. Roe #1, et al., LASC Case No. 22SMCV02961; John R. Doe v. Roe #1, et al., LASC Case No. 22SMCV02472; John B. Doe v.

Roe #1, et al., LASC Case No. 22SMCV02878; Jane J. Doe v. Roe #1, et al., LASC Case No. 22SMCV02879; John M. Doe v. Roe #1, et al., LASC Case No. 22SMCV02899; John T. Doe v.

Roe #1, et al., LASC Case No. 22SMCV02923; John W. Doe v. Roe #1, et al., LASC Case No. 22SMCV02940; John D. Doe v. Roe #1, et al., LASC Case No. 22SMCV02904; John C. Doe v.

Roe #1, et al., LASC Case No. 22SMCV02909; John G. Doe v. Roe #1, et al., LASC Case No. 22SMCV02928; John J. Doe v. Roe #1, et al., LASC Case No. 22SMCV02914; John W. Doe # 2 v. Roe #1, et al., LASC Case No. 22SMCV02931; John H. Doe v. Roe #1, et al., LASC Case No. 22SMCV02959; John B. Doe #2 v. Roe #1, et al., LASC Case No. 22SMCV02962; John M. Doe #2 v. Roe #1, et al., LASC Case No. 23SMCV00134; John Doe #1 v. Doe 1, et al., LASC Case No. 22SMCV02945; John Doe #2 v. Doe 1, et al., LASC Case No. 22SMCV02933; John Doe #3 v. Doe 1, et al., LASC Case No. 22SMCV02946; Eric Delance Moore v. John Doe City, et al., LASC Case No. 22SMCV02913; Jerod Hubbard v. John Doe, et al., LASC Case No. 22SMCV02906; John CL Doe, et al. v. Roe #1, et al., LASC Case No. 22SMCV02935; Joey Rene Leyba III v. City of Santa Monica, et al., LASC Case No. 22SMCV02929

3.C. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1):

City of Santa Monica v. Insurance Company of the State of Pennsylvania, et al., Orange County Superior Court, Case No. 30-2022-01261243. - New Item Received 4/20/2023

3.D. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1):

City of Santa Monica Generated: 4/24/2023 4:38 PM Page 5 City of Santa Monica, et al. v. 1238 10th Street, LLC, et al.; LASC Case No. 21SMCV01585 - New Item Received 4/20/2023

3.E. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1):

NMS 1539, LLC, et al. v. City of Santa Monica, et al.; CD Calif. Case No. 2:20- cv-11318-FLA(JPRx) - New Item Received 4/20/2023

3.F. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1):

Jennifer Howard; Amanda Pawlowski v. City of Santa Monica; LASC Case No. 20STCV34094 - New Item Received 4/20/2023

3.G. Conference with Legal Counsel - Anticipated Litigation - Gov. Code section 65589.5(d): WS Communities v. City of Santa Monica - New Item Received 4/20/2023
. SPECIAL JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY . ROLL CALL

3.H. Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1): 1144 12th Street, LP v. City of Santa Monica, LASC Case No. 22STCP03496 - Item corrected. 4/24/23
. ADJOURNMENT OF SPECIAL JOINT MEETING

4. SPECIAL AGENDA ITEMS

4.A. 2023 City Clerk Week Proclamation
The following is the order of business for items to be heard no earlier than 7:00 p.m.

4.B. City Manager's Report

5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

5.A. Award RFP to Aeroplex Group Partners, LLC for Airport Commercial Real Estate Services
Recommended Action
Staff recommends that the City Council:

1. Award RFP #340 to Aeroplex Group Partners, LLC., a California-based corporation, to provide commercial real estate brokerage, aviation property management and related consulting services to the Santa Monica Airport;

2. Authorize the City Manager to negotiate and execute an agreement with City of Santa Monica Generated: 4/24/2023 4:38 PM Page 6 Aeroplex Group Partners, LLC. in an amount not to exceed $1,453,183 for three years, with two additional one-year renewal options of $483,987 for renewal option Year One and $468,922 for renewal option Year Two, for a total amount not to exceed $2,406,092 (including a 10% contingency), with future year funding contingent on Council budget approval; and

3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

5.B. Authorization of Purchase Orders with National Auto Fleet Group and Los Angeles Truck Centers for Vehicle Replacement Purchases for Various Divisions
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.

2. Authorize the Procurement Manager to issue a purchase order with National Auto Fleet Group for the purchase of forty-one Ford sedans, sports utility vehicles, vans, and trucks for the Police, Fire, Public Works, and Library Departments. 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 $3,181,078.

3. Authorize the Procurement Manager to issue a purchase order with Los Angeles Truck Centers for the purchase of twelve side loader trucks, one rear loader and three front loader trucks for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (c) and is for a total amount not to exceed $7,837,992.

5.C. Authorization of Purchase Orders with Sully Miller Contracting Company and Vulcan Construction Materials for Asphalt Paving Materials Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #2685-3 to Sully Miller Contracting Company (Sully Miller), a California-based company, as the primary vendor, and Vulcan Construction Materials (Vulcan), an Alabama-based company, as the secondary vendor for the purchase of asphalt paving materials for the Public Works Department.

3. Authorize the Procurement Manager to issue a purchase order with Sully Miller for asphalt paving materials in the amount not to exceed $200,000 for one year, with four additional one-year renewal option(s) to extend at mutually agreeable price adjustment for a total amount not to exceed $1,000,000 with future year funding contingent on Council budget approval.

City of Santa Monica Generated: 4/24/2023 4:38 PM Page 7

4. Authorize the Procurement Manager to issue a purchase order with Vulcan for asphalt paving materials in the amount not to exceed $50,000 for one year, with four additional one-year renewal option(s) to extend at mutually agreeable price adjustment for a total amount not to exceed $250,000, with future year funding contingent on Council budget approval.

5.D. Approval of Airport Lease with Ruskin Group Theatre Company Recommended Action
Staff recommends that Council:

1. Authorize the City Manager to negotiate and execute a Lease with Ruskin Group Theatre Company (Ruskin) for live theater and educational uses located at 2800 Airport Avenue, reflecting the general terms and conditions below: and

2. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

5.E. Authorization to enter into Cost-Sharing Agreements with the City of Los Angeles for Santa Monica Bay and Ballona Creek
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines

2. Authorize the City Manager to negotiate and execute two Memoranda of Agreements (MOA) with the City of Los Angeles to implement cost-sharing Coordinated Integrated Monitoring Plans (CIMPs) to comply with the Los Angeles Regional Water Quality Control Board's National Pollution Discharge Elimination Systems (NPDES) permit requirements. One MOA is for the Santa Monica Bay and the second MOA is for Ballona Creek.

5.F. Approval of Airport Restaurant Lease with Clover Restaurants, Inc. and First Modification to Agreement CCS# 10713 with Corporate Realty Group Recommended Action
Staff recommends that Council:

1. Authorize the City Manager to negotiate and execute a Lease with Clover Restaurants, Inc. (Clover) for restaurant, outdoor patio and parking space, located at 3200 Airport Avenue, and reflecting the general terms and conditions below;

2. Authorize the City Manager to negotiate and execute the first modification to professional services agreement No. 10713 (CCS) in the amount of $107,377 with Corporate Realty Group (“CRG”), a California-based corporation, to provide additional commercial real estate broker and consulting services for the Santa Monica Airport and extend the term of the agreement. This will result in an amended agreement expiring on December 31, 2024, for a total agreement term of 6 years and 4 months, with a new total amount not to exceed $1,252,416 with future year funding contingent on Council budget approval; and
City of Santa Monica Generated: 4/24/2023 4:38 PM Page 8

3. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

5.G. Approval of First Modification to Contract #2810 with Nobel Systems, Inc. for Software Licensing and Maintenance of GeoViewer
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a first modification to Software License and Maintenance Agreement #2810 in the amount of $120,000 with Nobel Systems, Inc. for software licensing and maintenance of GeoViewer, a turn-key mobile GIS-based electronic underground service alert ticket tracking system for the Public Works Department. This will result in a fourteen-year amended agreement with a new total amount not to exceed $314,000 with future year funding contingent on Council budget approval.

5.H. Award Purchase Order to Xylem Water Solutions USA, Inc for Purchase of Two (2) Flygt Pumps
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the Procurement Manager to issue a purchase order with Xylem Water Solutions USA, Inc for the purchase of two (2) Flygt pumps for the Public Works Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(b) and is for a total amount not to exceed $300,000 with future year funding contingent on Council budget approval.

5.I. Award Bid to CG, Inc. for Detail Repairs of Transit Bus Body Components Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4447 to CG Inc. for detail repairs of transit bus body components for the Santa Monica Department of Transportation; and,

3. Authorize the City Manager to negotiate and execute an agreement with CG Inc., in an amount not to exceed $4,003,938, including a 10% contingency and a 3% cost escalator, over a five-year period with future year funding contingent on Council budget approval.

5.J. Award Bid to Ultimate Maintenance Services Corporation for Cleaning of Bus Stop Shelters for the Santa Monica Department of Transportation City of Santa Monica Generated: 4/24/2023 4:38 PM Page 9 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #4441 to Ultimate Maintenance Services Corporation for cleaning of bus stop shelters for the Santa Monica Department of Transportation; and,

3. Authorize the City Manager to negotiate and execute an agreement with Ultimate Maintenance Services Corporation, in an amount not to exceed $1,318,450 including a $119,859 contingency, over a five-year period with future year funding contingent on Council budget approval.

5.K. City Council - Special Meeting - Mar 11, 2023 9:00 AM - New Item Received 4/20/2023

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

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

10.A. Introduction and First Reading of an Ordinance amending SMMC Chapter

8.110 adding Gender Neutral Public Restroom Access
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading the attached proposed ordinance to add Chapter

8.110 (Gender Neutral Public Restroom Access) to the Santa Monica Municipal Code.

10.B. Introduction and First Reading of an Interim Zoning Ordinance Extending Interim Zoning Regulations Adopted by Interim Zoning Ordinance 2738 (CCS) to Eliminate the Prohibition of Certain Restaurants with Frontage on the Third Street Promenade
City of Santa Monica Generated: 4/24/2023 4:38 PM Page 10 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading an Interim Zoning Ordinance extending interim zoning regulations adopted by Interim Zoning Ordinance 2738 (CCS) eliminating the prohibition of certain restaurants with frontage on the Third Street Promenade.

10.C. Introduction and Adoption of an Urgency Ordinance Amending Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes. - New Item Received 4/20/2023 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15304 (minor alterations to land)

2. Introduce and adopt the urgency ordinance amending Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS

14.A. Adoption of Resolution Declaring Surplus Properties Recommended Action
Staff recommends that the City Council:

1. Declare the City-owned properties located at 1444 7th Street (“Former Fire Station 1” - APN 4291-020-900), 1654 19th Street ((“City TV” - APN 4290- 026-009) and two remnant parcels associated with the Expo Lot (APNs 4290- 011-901 and 4290-011-902) as “surplus land” in accordance with the State of California’s Surplus Land Act (“SLA”);

2. Adopt a Resolution declaring the City-owned properties at 1444 7th Street (APN 4291-020-900), 1654 19th Street (APN 4290-026-009) and Expo Lot Parcels (4290-011-901 and 4290-011-902) as surplus lands, and authorize the City Manager or designee to take implementing actions necessary to comply with the SLA; and,
City of Santa Monica Generated: 4/24/2023 4:38 PM Page 11

3. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2025. - New Item Received 4/20/2023

16.B. Recommendation to accept Abby Arnold's resignation from the Library Board and authorize the City Clerk to publish the vacancy. - New Item Received 4/20/2023

16.C. Request of Mayor Davis and Mayor Pro Tem Negrete that the Council allocate $15,000 of Council Discretionary Funds to the Ocean Park Association to help defray the costs of the Annual 4th of July Parade. - New Item Received 4/20/2023

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

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

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

City of Santa Monica Generated: 4/24/2023 4:38 PM Page 12 Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 3.B
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office Subject: Conferences with Legal Counsel - Existing Litigation - Gov. Code Section 54956.9(d)(1):

Joseph Hollins v. Santa Monica Police Activities League, et al., LASC Case No. 21STCV24491; John Doe (DC) v. Santa Monica PAL, et al., LASC Case No. 21STCV47551; John Doe (MU) v. Santa Monica PAL, et al., LASC Case No. 22STCV17022; John Doe (FM) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02617; John Doe (SM) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02586; John Doe (JA) v. Santa Monica PAL, et al., LASC Case No. 22SMCV02615; John Doe #1-#4 v. Does 1-50, LASC Case No. 21STCV34537; John Doe #5 and John Doe #6 v. Does 1-50, LASC Case No. 22STCV08765; John Doe #7 et al. v. City of Santa Monica, et al., LASC Case No. 22STCV35685; John Doe 142 v.

Doe 1, et al., LASC Case No. 22SMCV02483; John Doe #12 v. Santa Monica Police Activities League, et al., LASC Case No. 22SMCV01804; John VMA Doe, et al. v. City of Santa Monica, et al., LASC Case No. 22STCV30598; John Doe #1 (J.M.), John Doe #2 (A.M.), and John Doe #3 (H.U.) v. City of Santa Monica, et al., LASC Case No. 22SMCV02926; Jose Villaseñor v. Doe 1, et al., LASC Case No. 22STCV17835; John Doe #1, et al. v. Roe #1, et al., LASC Case No. 22STCV03113; John Doe #4 v. Santa Monica Police Activities League, et al., LASC Case No. 22SMCV01081; John Doe #5 (R.A.), et al. v. Roe #1, et al., LASC Case No. 22SMCV02729; John Doe #8 (C.S.) v.

Roe #1, et al., LASC Case No. 22SMCV02783; John Doe #9 (P.G.) v. Roe #1, et al., LASC Case No. 22SMCV02754; Melissa Campos, a successor in interest to decedent John Doe J.L., et al. v. Santa Monica Police Activities League, et al., LASC Case No. 22SMCV02976; John T.A.U. Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV19401; John A.Y.U. Doe, et al. v. Doe 1, et al., LASC Case No. 22STCV38169; John FM Doe, et al. v. Roe #1, et al., LASC Case No. 22SMCV02054; John MB Doe, et al. v. City of Santa Monica, et al., LASC Case No. 22SMCV02049; John JS Doe v. Roe #1, et al., LASC Case No. 22SMCV02279; John GG Doe v. Roe #1, et al., LASC Case No. 22SMCV02961; John R. Doe v. Roe #1, et al., LASC Case No. 22SMCV02472; John B.

Doe v. Roe #1, et al., LASC Case No. 22SMCV02878; Jane J. Doe v. Roe #1, et al., LASC Case No. 22SMCV02879; John M. Doe v. Roe #1, et al., LASC Case No. 22SMCV02899; John T. Doe v. Roe #1, et al., LASC Case No. 22SMCV02923; John W.

3.B
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Doe v. Roe #1, et al., LASC Case No. 22SMCV02940; John D. Doe v. Roe #1, et al., LASC Case No. 22SMCV02904; John C. Doe v. Roe #1, et al., LASC Case No. 22SMCV02909; John G. Doe v. Roe #1, et al., LASC Case No. 22SMCV02928; John J.

Doe v. Roe #1, et al., LASC Case No. 22SMCV02914; John W. Doe # 2 v. Roe #1, et al., LASC Case No. 22SMCV02931; John H. Doe v. Roe #1, et al., LASC Case No. 22SMCV02959; John B. Doe #2 v. Roe #1, et al., LASC Case No. 22SMCV02962; John M. Doe #2 v. Roe #1, et al., LASC Case No. 23SMCV00134; John Doe #1 v. Doe 1, et al., LASC Case No. 22SMCV02945; John Doe #2 v. Doe 1, et al., LASC Case No. 22SMCV02933; John Doe #3 v. Doe 1, et al., LASC Case No. 22SMCV02946; Eric Delance Moore v. John Doe City, et al., LASC Case No. 22SMCV02913; Jerod Hubbard v. John Doe, et al., LASC Case No. 22SMCV02906; John CL Doe, et al. v. Roe #1, et al., LASC Case No. 22SMCV02935; Joey Rene Leyba III v. City of Santa Monica, et al., LASC Case No. 22SMCV02929
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: 2023 City Clerk Week Proclamation
Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager's Report
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.A
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Airport Subject: Award RFP to Aeroplex Group Partners, LLC for Airport Commercial Real Estate Services
Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to negotiate and execute an agreement with Aeroplex Group Partners, LLC. in an amount not to exceed $1,453,183 for three years, with two additional one-year renewal options of $483,987 for renewal option Year One and $468,922 for renewal option Year Two, for a total amount not to exceed $2,406,092 (including a 10% contingency), with future year funding contingent on Council budget approval; and

3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City of Santa Monica contracts with a professional aviation property management firm that specializes in airports to assist staff by providing aviation property management, broker, and consulting services for City-owned properties at the Santa Monica Airport. Professional commercial real estate services ensure that the Airport provides on-site professional standards of customer services to tenants and secures fair market leasing rates as required by the Santa Monica Leasing Policy and Guidelines adopted in 2018 (Attachment A). Based on the results of a competitive Request for Proposal (RFP) process, staff recommends that a new professional services agreement be awarded to Aeroplex Group Partners, LLC (AGP) to continue providing these

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services to the City for an amount not to exceed $2,406,092 (including a 10% contingency) for a term of up to five years.

Discussion
The City is the owner and operator of the Santa Monica Airport. The Airport includes aviation and non-aviation facilities with various uses that include aeronautical service providers, commercial office space, creative space, educational use space, artist studios, land, hangars, tie-downs, and a museum. Approximately 92% of Airport revenues are derived from leasing these properties. The ability to optimize revenues from the Airport’s leasable space and maintain good tenant relations helps ensure the Airport Fund’s financial self-sufficiency and aligns with the City’s priority of Economic Recovery.

There are currently 409 leases at the Airport, of which 110 leases are full-service gross aviation hangar lease agreements that require management by full-time on-site dedicated staff. Airport staff does not have the capacity to provide the necessary property management services to these aviation leaseholds at the level of service required for full-service lease agreements. The Airport currently contracts with AGP for aviation consulting services and professional commercial real estate property management and brokerage services for the 110 aviation-related properties, representing approximately 300,000 square feet of aviation uses and commercial real estate offices.

The City’s contract with AGP will expire on June 30, 2023. To ensure the continuity of such services, the City issued an RFP for the selection of a vendor to provide commercial real estate property management, brokerage, and consulting services at the Airport. Following a competitive Request for Proposals process, staff recommends Aeroplex Group Partners, LLC as the best firm to provide these services. The Agreement would become effective on July 1, 2023.

Scope of Services and Pricing

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Brokerage and Aviation Property Management Services
Brokerage services include facilitating, negotiating, and completing new and renewal lease agreements with the City of Santa Monica for properties assigned, including hangar, office, shop, and/or tarmac/ramp space. Aviation property management services include administering lease agreements, marketing, advertising, and responding to tenant inquiries.

Consulting Services
AGP will provide aviation consulting services in matters relating to property management, operational needs, and lease negotiations.

Legal Services
AGP will provide outside counsel services to address tenant issues including evictions.

The outside counsel will work in collaboration with the City Attorney when the need arises to process and oversee unlawful detainer litigation (evictions) as it relates to City properties at the Santa Monica Airport.

Pricing
Property Management Fees will be based on 5% of monthly gross rents collected for the properties that AGP is managing. In addition to the property management fees, AGP’s brokerage fees will be commission based. AGP would be eligible to earn commissions for completing any new or renewal lease agreements at the Airport during the contract period. The pricing schedule is at market price for similar services.

Commissions would be based on the following terms:

Table 2. AGP Brokerage Commission Breakdown
New Term Leases 2.5% New Term lease
New Month-to-Month Leases Equal to one month’s rent, but no more than $15,000
Term Lease Renewals 1.5% Term/Month to Month
Term Lease Expansions 1.5%

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Additional Terms
As part of their property management fee, AGP would provide a dedicated on-site employee to oversee the facilities they manage during normal business hours. All property management services would be conducted consistent with the City’s Leasing and Licensing Policy and the City of Santa Monica Minimum Standards for Commercial Aeronautical Services at Santa Monica Airport (Attachment B).

The real estate brokerage and aviation property management services agreement is non-exclusive therefore the City has the option to select more than one firm to perform these services and to reduce the number of properties that the property management firm will manage. Non-exclusivity allows the City to be flexible in how it manages its properties, and to select a discrete real estate broker for non-aviation City properties at the Airport. The City reserves the right to terminate the property management service contract with a six-month written notice.

Consultant Selection
Bidder Recommendation
Best Qualified Firm Aeroplex Group Partners, LLC
Evaluation Criteria Experience and technical competence; quality control; conceptual plan and approach; stability and references, and cost of services based on fair and cost-effective work pricing.

Municipal Code SMMC 2.24.190
RFPs Received
Aeroplex Group Partners, LLC Bell Properties, Inc.

RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
12/05/2022 City’s Online
Bidding Site Santa Monica Daily Press 12 01/16/2023
Justification to Award
Based on the criteria in SMMC 2.24.190, staff recommends Aeroplex Group Partners, LLC as the best-qualified firm to provide commercial real estate brokerage, property

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management, and related consulting services to the Santa Monica Airport based on the firm’s documented expertise in commercial real estate and property management, experience with similar projects at both the City and other general aviation airports; conceptual plan for staffing and undertaking the work; positive reports from reference checks, and fair and cost-effective pricing of services.

Environmental Review
The award of an agreement for commercial real estate services would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Past Council Actions
Meeting Date Description
8/14/2018
(Attachment A)
Santa Monica Airport Leasing and Licensing Policy
8/14/2018
(Attachment B)
City of Santa Monica Minimum Standards for Commercial Aviation Services at the Santa Monica Airport
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Airport Fund to award an agreement with Aeroplex Group Partners, LLC. To provide commercial real estate brokerage, property management and related consulting services for the Santa Monica Airport. Future year funding is contingent on Council budget approval.

Agreement Request
FY 2023-24
Request Amount Future Years Department # Total Contract Amount $472,188 $1,933,904 57500001.552010 $2,406,092

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Prepared By: Kate Schlesinger, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)
B. Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1)
C. Aeroplex Group Partners, LLC OAKS_20230206

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1 SANTA MONICA CITY COUNCIL AIRPORT LEASING AND LICENSING POLICY Purpose. The purpose of this Airport Leasing and Licensing policy is to establish and declare City policy on matters related to airport leasing. This Leasing Policy shall be used by the City Manager to analyze leasing and licensing issues, to present leasing and licensing recommendations to the City Council, and to render leasing and licensing decisions under the authority granted by the City Council.

By adopting the Airport Lease Policy, the City Council seeks, to the extent consistent with the Consent Decree signed by the City of Santa Monica and the U.S. Justice Department on behalf of the Federal Aviation Administration, to have an airport tenant mix that:
• Is harmonious with the nearby built environment by protecting the health and safety of Airport neighbors.
• Maintains a sustainable Airport Fund that is independent from the General Fund and other subsidies.
• Comports with any applicable legal requirements and protects the City’s rights that relate to leases at theAirport.
• Continues to provide opportunities for arts, education, and culture, including, but notlimited to,the Artist Space Programadministered in conjunction with Cultural Affairs Division.
• Establishes practices and procedures for evaluating potential leasehold interests, and for lease management and administration. • Fosters uses and practices that are sensitive to the environment and protect the health of Airport neighbors and users and protect the City from future environmental damage exposure.

General Provisions. The majority of the Airport revenue is derived from leases. To help support the Airport’s fiscal self‐sufficiency, all rents, fees, and charges must reflect fair market value. To achieve the goals of the Leasing Policy, the policy shall be managed in a manner consistent with the following standards:

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) 2 SECTION A: USES

1. Authorized Uses: Authorized uses include: (a) uses required by the Consent Decree; and (b) low intensity uses that are compatible with surroundinguses, serve the adjacent community, and are consistent with the City's environmental goals and policies. Examples of uses in category (b) include, but are not limited to: parks and open space, arts/cultural, creative space, professional theaters, museums, artist studios, art galleries, photograph studios, uses customary or incidental to the production or distribution of motion pictures, educational facilities, professional and general offices, public or private schools existing prior to September of 1984, warehouses, self‐storage/public mini‐warehouses, and restaurants with 500 square feet of floor area or less.

2. Conditionally permitted uses: Parking and automobile storage lots and structures. Restaurants with over 500 square feet of floor area.

Theaters. New public or private schools or educationalinstitutions.

3. Prohibited Uses: Prohibited uses include: any use involving the manufacture, processing, storage, or treatment of products, which by nature of the operation is likely to be obnoxious or offensive to the surrounding environment; construction of new general office buildings; any use not specifically authorized as a permitted or conditionally permitted use; and high intensity uses that are incompatible with the surrounding residential uses.

SECTION B: TERMS AND CONDITIONS

1. Term for Hangars. All hangars shall be leased on a month‐to‐month basis.

2. Term for Tie‐Downs. All tie‐downs shall be leased on a month‐ to‐ month basis.

3. Term for Aeronautical Service Providers. Consistent with the terms of the Consent Decree, aeronautical service providers may be offered up to three‐year lease terms that comport with this Leasing Policyand the Minimum Standards for Commercial Aeronautical Services at Santa Monica Municipal Airport (the “Minimum Standards”), so long as the

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) 3 expiration date of the lease does not extend beyond December 31, 2028.

4. Term for Non‐Aviation Tenants. Lease terms may be month‐to‐month or longer. However, no lease shall have a term that goes beyond December 31, 2028.

5. Environmental Responsibility. New requests to lease and existing leases shall be reviewed to assess potential negative effects on the environment. The City may require environmental studies or testing as appropriate and necessary, and any needed remediation shall be performed prior to establishment of new uses. All lessees shall be responsible for any environmental contamination, resulting from their prior use, as a condition to a renewed or extended lease.

Environmental clean‐up will be required as a condition of any renewal or extension. At the time of the application, an assessment of the proposed use will be conducted, and appropriate insurance and/or remediation requirements will be incorporated into the lease based on proposed usage.

6. Rates. All new and renewed leases will be leased at prevailing market rates and rates will be adjusted to stay current with market conditions and as new/renewed leases arise.

7. Percentage Rent Provision. In addition to a base rent, the City may elect to require that certain leases include a percentage rent provision, which can be differentiated by categories of sales. The City shall have the right to audit tenant's financial records to ascertain that the gross salesfigures reported by the tenant are accurate.

8. Existing Tenants. All existing airport tenants will be given the opportunity to submit a lease application to the City. The City is under no obligation to offer lease agreements. Submitting an application to the City does not obligate the City to enter into lease negotiations, offer a lease agreement, or execute a lease agreement. The decision to execute a lease agreement will be made solely within the City’s discretion as landlord and property owner.

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) 4 9. Whole Building Leases. Whole building leases may, at the City’s discretion, be subject to public Requests for Proposals intended to optimize leasehold occupancy and the self‐sustainability of the airport.

Tenants under a whole building lease shall be responsible for maintenance and repair of said buildings.

10. Transfer of Interest. Space sharing is prohibited without the written consent of the City and granting or withholding consent will be conditioned on express standards and conditions set forth in thelease.

11. Lease and License Areas. Operation and improvements to lease and license areas are subject to the City’s standard regulatory rules, review and approval process.

12. Triple Net Leases. The City may require tenants to pay all property taxes and assessments (including Possessory Interest Tax), insurance, and utilities.

13. Commercial Operations Permit (COP). Prospective tenants proposing to use the Santa Monica Airport to engage in an activity that requires a business license from the City are required to acquire a commercial operations permit issued by the City Manager. All COPs will be presented to the Airport Commission for their recommendation and comment prior to City Manager’s approval.

14. Master Tenants. Master tenant agreements are to be phased out in an orderly transition.

15. Sub‐Leasing. New sub‐leasing shall be prohibited. Existing sub‐ tenancies shall be subject to an orderly phase‐out at the sole discretion of the City.

16. Insurance. Airport lease agreements shall minimize the City’s financial and economic risk, by incorporating reasonable indemnification and insurance provisions.

17. Daily and Transient Users. Daily and transient uses shall be permitted.

SECTION C: PERFORMANCE STANDARDS

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) 5 1. Compatible and Harmonious. All lessees shall use the airport and any airport property in a manner that is compatible with City policies and with the adjacent residential uses; to encourage activities that complement adjacent residential and commercial uses; to establish practices that are sensitive to the environment and protect the City from future environmental exposure; and for aeronautical service providers, comply with the MinimumStandards.

2. All City‐owned buildings appropriate and suitable for leasing may be subject to a public procurement and solicitation process to identify prospective tenants and licensees whose financial and professional experience, and products and/or services are consistent with the Leasing Standards set forth herein.

3. All prospective tenants must submit a Lease or License Application to the City. Information contained in the Lease Application shall describe the proposed use for the available space; provide information about the respondent; provide references; describe in detail the financial capability of the respondent to perform; and set forth preliminary terms and conditions.

4. Hangars
a. Hangars that have a land lease agreement with the City will be on a month‐to‐month tenancy under a City approved lease agreement which will be updated as deemed necessary by the City.

5. Recruitment for artist day studios will adhere to the criteria set forth by the Cultural Affairs Division of Community and Cultural Services Department. Candidate tenants for available Artist Day Studio space are required to file Program applications for screening purposes, and qualifying artists are selected only from the screened waiting list.

SECTION D: MAINTENANCE AND TENANT IMPROVEMENTS

1. All leaseholders shall be responsible for maintaining their facilities in attractive and safe condition, in compliance with applicable building and

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) 6 life safety codes and all applicable environmental laws, ordinances, regulations and other city standards.

2. Facilities will be inspected prior to new or extended leasehold occupancy and refurbished, by the City or tenant (at the City’s election), to a decent, safe and sanitary condition appropriate for use. If tenant makes improvements to the facility as a mutually agreed upon condition of a lease, the City must first review and approve the proposed design and scope of work. All necessary building permits must be obtained, and the work must be inspected for compliance with applicable code(s).

Appropriate rental credits for the approved work performed may be negotiated as part of the lease. Any Tenant Improvement Credit that exceeds two months’ worth of tenant monthly rent must be approved by the Airport Director.

3. Each tenant or licensee will be responsible for interior maintenance and repair at its sole expense, and the City generally will retain responsibility for maintenance and repair of roofs, building exteriors, landscaping and common use parking for all Airport‐managed leaseholds unless otherwise specified in the lease or license. Tenants who lease whole buildings from the City will be responsible for any and all maintenance, repair and improvements including roofs, building equipment and exteriors of the facilities as well as interior maintenance and repairs.

4. Tenants shall respond to the City’s written inquiries regarding any complaints or issues. Tenant will provide an action plan for improvement if so requested by the City.

5. As applicable, the above requirements may be incorporated in leases, licenses and other agreements. In addition, the City may add to any Lease or License further or different or additional operational and performance standards as the City concludes are appropriate to the particular Tenant’s operation.

6. Upon confirmation that the proposed tenancy is consistent with this Leasing Policy, a lease agreement will be prepared for review by the City Attorney and execution by the prospective tenant before being referred

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) 7 to the City Manager for approval. Leases for terms greater than terms specified in these guidelines require City Council approval.

SECTION E: LEASE APPROVALS AND DELEGATION OF AUTHORITY

1. The City Manager has the authority to negotiate and execute month‐to‐ month leases, leases with aeronautical service providers, and leases that expire prior to or on December 31, 2028, provided the City Manager finds the proposed use is consistent with this Leasing Policy, the Minimum Standards, and the Consent Decree. To be valid, such leases must be on the basis of written agreements prepared and approved as to form by the City Attorney. Leases for terms of occupancy of more than five years or with an expiration date beyond December 31, 2028, or otherwise outside the parameters established by this Policy, will require City Council approval.

2. The City may cooperate with commercial real estate brokers who are authorized to negotiate leases on behalf of prospective tenants.

SECTION F: GENERAL PROVISIONS
This Leasing Policy may be altered by the City at any time, in its sole discretion, and shall not create any right or reliance interest for any person.

Updated August 2018

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Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5480 : Award RFP for Airport Commercial Real Estate Services) Minimum Standards
For
Commercial Aeronautical Services
At

SANTA MONICA MUNICIPAL AIRPORT

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Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport Table of Contents
SECTION 1 GENERAL INFORMATION ............................................................................. 1 SECTION 2 APPLICATION PROCEDURES........................................................................ 5 SECTION 3 GENERAL REQUIREMENTS........................................................................... 8 SECTION 4 FIXED BASE OPERATOR..............................................................................13 SECTION 5 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT CHARTER AND AIR TAXI. .......................................................................... 19 SECTION 6 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: FLIGHTTRAINING ................................................................................................................................................. 21 SECTION 7 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT MAINTENANCE AND REPAIR STATIONS ................................................ 23 SECTION 8 SPECIALIZED AERONAUTICAL SERVICES OPERATOR:SELF‐SERVICE FUEL PUMPS ............................................................................................... 25 SECTION 9 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT MANAGEMENT SERVICES ......................................................................... 27 SECTION 10 SPECIALIZED AERONAUTICAL SERVICES OPERATOR: AIRCRAFT SALES OPERATOR........................................................................................30 SECTION 11 SPECIALIZED AERONAUTICAL SERVICE OPERATOR: OTHER AERONAUTICAL SERVICES ....................................................................... 31 SECTION 12 SPECIAL RULES FOR A SASO CONDUCTING MULTIPLE AERONAUTICAL SERVICES .................................................................................................... 32 SECTION 13 RECOGNITION AND REGULATION OF SELF‐SERVICE AND SELF‐ FUELING RIGHTS ....................................................................................... 34 APPENDIX A: DEFINITIONS
APPENDIX B: INSURANCE REQUIREMENTS AND STANDARDS
APPENDIX B-1: MINIMUM INSURANCE REQUIREMENTSMATRIX
APPENDIX C: FLY FRIENDLY PROGRAM NOTIFICATIONS

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Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport Page | 1
SECTION 1

GENERAL INFORMATION

PURPOSE
These Minimum Standards supplement the Leasing and Licensing Policy (the “Airport Leasing Policy”) in place at the Santa Monica Airport (the “Airport”) by setting minimum standards that must be met by any person or entity that uses or seeks to use the Airport as a base for any Commercial Aeronautical Activity (an “Operator”). Each Operator must have a written agreement with the City of Santa Monica (the "City").

The adoption and enforcement of these Minimum Standards is intended to establish reasonable threshold entry requirements that will ensure that each Operator is reasonably fit, willing and able to perform the services it seeks to provide at the Airport; to promote good service and fair competition at the Airport; to prevent unqualified applicants from operating at the Airport; to prevent irresponsible, unsafe, or inadequate services; and to make the Airport as financially self-sustaining s possible. The establishment of these Minimum Standards does not imply any right on the part of any Operator to provide any services at the Airport.

It is the City’s policy to extend the opportunity to provide aeronautical services to any person or entity meeting the City's Minimum Standards for such services at the Airport, subject to availability of suitable space at the Airport (as determined by the City) to accommodate such activities, and subject to the City’s rights under the Settlement Agreement/Consent Decree Between The Federal Aviation Administration And The City Of Santa Monica, approved by the court in City of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW (C.D. Cal. Jan. 31, 2017) (the “Consent Decree”). The City’s rights under the Consent Decree include, but are not limited to, its rights to shorten the runway at the Airport, to exercise its proprietary exclusive right to provide any or all of the aeronautical services that are the subject of these Minimum Standards, and to close the Airport on or after January 1, 2029.

These Minimum Standards are subordinate to the Consent Decree. To the extent that these Minimum Standards may conflict with the provisions of the Consent Decree, the Consent Decree shall govern.

These Minimum Standards are also subordinate to the City of Santa Monica’s Charter and Municipal Code, including but not limited to Municipal Code Chapter 10.04, and the Airport Leasing Policy. To the extent that these Minimum Standards may conflict with the provisions of the City’s Charter or Municipal Code or the Airport Leasing Policy, those City instruments shall govern. As a result, among other things, these Minimum Standards do not alter the Municipal Code requirement that no Operator may use the Airport as a base for any commercial activity without an operations permit issued by the City Manager after consideration by the Airport Commission (SMMC 10.04.06.020, .030) or the Airport Leasing Policy requirement that all leases be approved by the City Manager, and that certain leases be approved by the City Council.

To the extent (if any) that these Minimum Standards may conflict with the Santa Monica Airport Operations Handbook, these Minimum Standards control.

Capitalized terms are defined in Appendix “A” to these Minimum Standards.

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Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport Page | 2

APPLICABILITY
All Operators shall, as a condition of conducting Commercial Aeronautical Activities at the Airport, comply with all applicable requirements concerning such activities as set forth in these Minimum Standards and any subsequent amendments to these Minimum Standards. These Minimum Standards shall be deemed to be a part of each Operator’s written agreement with the City (in whatever form, whether lease, license, permit or other) except to the extent any particular provisions of these Minimum Standards are waived or modified, in writing, by an authorized representative of the City. The mere omission of any particular standard from an Operator’s written agreement with the City shall not constitute a waiver or modification of such standard in the absence of clear and convincing evidence that the City intended to waive or modify such standard. The requirements set forth in these Minimum Standards are minimums, and all Operators are encouraged to exceed these minimums in conducting their activities.

These Minimum Standards apply to every Operator as of the date of adoption of these Minimum Standards, and amendments to these Minimum Standards will apply to every Operator as of the date of their amendment, provided, however, that:
(a) If an Operator has an existing written agreement with the City at the time these Minimum Standards are adopted or amended, and if compliance with these Minimum Standards as adopted or amended would create a conflict with the written agreement, the written agreement shall prevail until such time as it is amended, updated, renegotiated, renewed, or, with the City’s approval, assigned, or a new written agreement is negotiated, at which time Operator will fully comply with these Minimum Standards as adopted or amended;
(b) If an Operator has an existing written agreement with the City at the time these Minimum Standards are adopted and that agreement provides for application of Minimum Standards following their adoption, the Operator shall have six months from the date of adoption of these Minimum Standards to comply with these Minimum Standards, with the exception that any new subleases shall be immediately prohibited and any existing sub-tenancies at the time of adoption of these Minimum Standards shall be immediately subject to an orderly phase-out at the discretion of the City; and
( c) Any Operator engaging in activities covered by these Minimum Standards without a written agreement with the City, shall have six months from the date of adoption to comply with these Minimum Standards.

These Minimum Standards shall not be deemed to modify any existing written agreement with the City under which an Operator is required to exceed these Minimum Standards nor prohibit the City from entering into and enforcing a written agreement or amendment thereto that requires an Operator to exceed these Minimum Standards.

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Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport Page |
3 Adopted 8/14/2018

EFFECTIVE DATE
These Minimum Standards shall become effective on , 2018 (the "Effective Date"). Each and every Operator conducting any Commercial Aeronautical Activity at the Airport on or after the Effective Date must hold either (a) a current and valid Lease with the City which specifies that the Operator's Commercial Aeronautical Activities are a permitted use; (b) a Non-Exclusive License from the City authorizing the Operator to engage in such Commercial Aeronautical Activities; or (c) if an approved subcontractor for an Operator, a Commercial Operations Permit authorizing the subcontractor to engage in or facilitate the Operator’s Commercial Aeronautical Activities as a subcontractor of the Operator. Any such Lease, Non- Exclusive License, or Commercial Operations Permit shall be in a form prescribed by the City that specifies which types of Commercial Aeronautical Activities the Operator (or subcontractor) is authorized to provide; requires the payment of fees to the City; imposes insurance, indemnification, and environmental obligations; and requires a security deposit or other form of contract security.

COMPLIANCE
The Airport Director shall periodically conduct a review of each Operator’s compliance with the terms of its Lease or Non-Exclusive License and these Minimum Standards. If the Airport Director, in his or her discretion, determines that there has been substantial non-compliance, the Airport Director shall notify the Operator of the non-compliance and take steps, which may include declaring a default of the Operator’s Lease or NonExclusive License, to ensure that the Operator comes into compliance with the terms of its Lease or Non-Exclusive License and these Minimum Standards.

RIGHT TO AMEND STANDARDS
The City reserves the right to amend these Minimum Standards as the City determines may be necessary or desirable to meet the needs of the Airport, to improve the quality of services, to enhance competition or as otherwise deemed to be reasonable by the City.

The City further reserves the right to amend these Minimum Standards to pursue the City’s rights under the Consent Decree, including the closure of the Airport on or after January 1, 2029, as described in the Consent Decree.

WAIVERS
The Airport Director may, in his or her discretion, waive any requirement imposed by these Minimum Standards for the benefit of any governmental entity providing non-profit services to the aviation industry, performing emergency medical or rescue services to the public by means of aircraft or performing fire prevention or firefighting operations.

Except as otherwise limited by these Minimum Standards, the Airport Director may also waive any of the Minimum Standards for non-governmental Operators if the Airport Director, in his or her discretion, finds clear circumstances demonstrating such a waiver to be in the best interest of the City. Waivers must be approved by the City Manager (and City Council if City Council approval is required under the Airport Leasing Policy or under specific provisions of these Minimum Standards) after consideration by the Airport Commission. The Airport Director shall maintain a log of all such waivers indicating for each waiver: the clear circumstances demonstrating the basis for the waiver, the date on which it was presented for consideration by the Airport Commission, and the date on

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which it was or was not approved by the City Manager (and City Council if City Council approval was required under the Airport Leasing Policy or under specific provisions of these Minimum Standards). When any such waiver is being proposed for an Operator, the Airport Director shall present to the Airport Commission for consideration at one of its public meetings a public document that attaches the log of prior waivers and identifies the basis for the proposed waiver.

CATEGORIES OF AERONAUTICAL SERVICE OPERATORS
The following categories of Operators may provide commercial aeronautical services at the Airport:

1. Fixed Base Operator ("FBO")

2. Specialized Aeronautical Services Operator ("SASO")
a. Aircraft Charter and Air Taxi
b. Flight Training
c. Aircraft Maintenance and Repair Stations
d. Self-Service Fuel Pumps
e. Aircraft Management
f. Air Transportation Arranger
g. Aircraft Sales Operator
h. Other Aeronautical Services

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SECTION 2

APPLICATION PROCEDURES

1. An application to perform commercial aeronautical services at the Airport must be made in accordance with these Minimum Standards. The application must be signed by an authorized person and include the name, address, email address and telephone number of the applicant and the following information:
a. For all applicants - the name, address and telephone number of each person with a controlling interest in the applicant.
b. For a corporation - the name, address, email address and telephone number of the corporation’s officers and directors.
c. For a partnership or joint venture - the name, address and telephone number of each partner or member of the venture.
d. Whether any officer, director, partner or person with a controlling interest in the applicant is also an officer, director, partner or person holding a controlling interest in any other commercial aeronautical service Operator at the Airport.

2. The application, together with all required supporting documentation, shall be submitted to:

City of Santa Monica, Santa Monica Airport –
Attn: Airport Director
3223 Donald Douglas Loop South
Santa Monica, CA 90405.

3. An applicant shall furnish the following supporting documents as evidence of its organizational and financial capability to provide the proposed aeronautical services:
a. Business Plan - a written proposal detailing the nature of the proposed aeronautical service to be provided, the applicant's space and facility requirements, and the proposed location on the Airport. b. Financial Statement - a current financial statement (for a corporation, sole proprietorship or for all principals of a partnership or joint venture) prepared in accordance with generally accepted accounting principles by a certified public accountant.
c. Credit Report - a current credit report (for a corporation or for all principals of a partnership or joint venture) covering all business activities in which the applicant has participated within the past ten years. To satisfy this requirement, an applicant shall furnish to the Airport with its application a fee that the Airport shall use to perform the required credit report check. d. Personnel - a list, with resumes, of key personnel to be assigned to the Airport along with a description of their duties and responsibilities.

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e. Licenses and permits - copies of all licenses, certifications and permits possessed by the applicant or its key employees to be based at the Airport that are required to perform the proposed services. f. Evidence of insurance that meets the applicable requirements as set forth in Section 3 of these Minimum Standards.
g. Commercial Operations Permit Application.
h. Such other information as the Airport Director may require.

4. The Airport Director shall deny any application to provide aeronautical services at the Airport if, in his or her discretion, the Airport Director determines that:
a. the applicant does not meet any applicable provisions of these Minimum Standards;
b. the applicant has supplied the City, or any other person, with false or misleading information or has failed to make full disclosure in its application or in its supporting documents;
c. there is no appropriate, adequate or available space on the Airport to accommodate the applicant at the time of application;
d. the proposed activity would conflict with existing aeronautical uses; e. the proposed activity would require the City to spend funds or to supply materials or manpower that the City would, in its discretion, prefer not to spend or supply;
f. the proposed activity would require existing Operators without their consent to reduce the amount of Airport property they use to provide aeronautical services, result in congestion anywhere within the Airport or interfere with the orderly activities of existing Operators; g. the proposed service activities would be detrimental to the Airport; h. the applicant has violated any of these Minimum Standards or any other regulations of the City, the standards or regulations of any other airport, or any other statutes, regulations, ordinances, laws or orders applicable to the Airport or any other airport;
i. the applicant is currently in default, or has been in default in the past, in the performance of any lease or other agreement with the City or at any other airport;
j. the applicant's financial statement or credit report contains information that creates doubt as to the applicant’s abilities to provide the proposed services;
k. the applicant does not have or cannot demonstrate access to the operating capital necessary to conduct the proposed operation;

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l. the applicant is unable to obtain sufficient insurance, financial sureties or guarantors to protect the interests of the City or other appropriate governmental entities;
m. the applicant has been convicted of any felony or misdemeanor involving moral turpitude; except that the Airport Director, in his or her discretion, may disregard such conviction based on consideration of the following factors: mitigating circumstances that may exist, the nature and gravity of the offense, the time elapsed, the nature of the aeronautical services to which the application applies and the relatedness of the conviction to those services, and any other factors that are related to the application and consistent with business necessity;
n. the applicant's proposal is not in the best interest of the health, safety, welfare or convenience of the traveling public or Airport Users; o. the applicant is unable to qualify for unescorted access to Airport Operating Areas, if required to provide proposed services; p. approval of the proposed activity would be inconsistent with the Consent Decree, the City’s Charter or Municipal Code, or the Airport Leasing Policy.

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SECTION 3

GENERAL REQUIREMENTS
These Minimum Standards establish certain requirements to be met by every Operator providing aeronautical services at the Airport. Such Operators must, in addition to complying with all applicable Minimum Standards, comply with all other applicable laws, regulations, ordinances, rules, building codes, or other provisions, including contracts, relating to their operations at the Airport.

In addition to the Minimum Standards applicable to each specific category of commercial service operation set forth below, every Operator providing aeronautical services at the Airport must meet the following general requirements.

1. Property/Facilities. Unless exempted from this requirement by the Airport Director in his or her discretion, each Operator must lease the property or facilities required for the services it renders directly from the City.

2. Hangars and Other Buildings. If required by these Minimum Standards, the Operator shall lease hangar space for aircraft storage and shall lease sufficient building space to support its activities at the Airport.

3. Aircraft Parking Apron. If required by these Minimum Standards, the Operator shall lease sufficient paved aircraft parking apron space within its leasehold premises to meet the requirements of its aeronautical activity and shall maintain any paved taxiways necessary for access to the Airport’s taxiway system.

4. Equipment.
a. The Operator must demonstrate that it owns, leases or otherwise has sufficient access to all equipment required to provide the applicable aeronautical services promptly on demand without causing any flight delays or other operational impacts on aircraft at the Airport. All equipment must be maintained in good operating condition and good appearance and must be in compliance with all applicable safety standards and regulations. All heavy equipment except aircraft must be clearly designated with the name and logo of the Operator prominently displayed.
b. Any Operator that is involved with towing aircraft off of its leased premises and onto other airport property shall own or contract for appropriate equipment to be used and for appropriate lighting to be used during tow operations (including strobe lights).
c. All vehicles driven on Airport property must have any permits or required registrations as required by federal, state or local law. Such vehicles also must be operated by persons with appropriate licenses or permits and trained under the Airport’s driver safety training program, should the Airport require such training.
d. Any Vehicle used for Commercial purposes in the AOA must bear identification designating the Commercial Aeronautical Operator to whom the vehicle is assigned. The display of identification shall be in letters in

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sharp contrast to the background and shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of 50 feet.

5. Personnel and Training.
a. All personnel shall display Santa Monica Airport ID badges at all times on their person, as required by Airport Rules. Non-Administrative personnel in the AOA shall wear clothing that displays the identification of the Operator in letters in sharp contrast to the background which shall be of such size, shape, and color as to be readily legible during daylight hours from a distance of 20 feet. Administrative personnel need not wear uniforms.
b. An adequate number of qualified and, where applicable, licensed employees shall be on duty at all times of operation to provide services consistent with these Standards.
c. At least one qualified supervisor shall be on duty when any aeronautical services are being performed by any Operator. A supervisor may be “on duty” for purposes of this subsection if the supervisor is available by phone, but not at the Airport, provided that in such a case an Operator must provide the Airport Director with a list of phone numbers at which the Airport can reach supervisors during regularly scheduled shifts. d. Each Operator shall establish a written job description for each type of employee to ensure that all employees are thoroughly trained and qualified to perform the aviation tasks to which they are assigned. The level of detail required for each job description shall be commensurate with the technical complexity and safety risks associated with the employee’s work. At a minimum, each job description shall include a statement of responsibilities, as well as required skills, degrees, and certificates. For more technically specialized work or work involving heavy equipment or significant safety concerns, the description shall also include what training, experience, and safety precautions are required to perform the required tasks. Upon request, the Operator shall submit a copy of its written job descriptions to the Airport Director or designee. e. All personnel who will operate a vehicle on the AOA must successfully complete the Airport’s initial training course on driving on the AOA and any refresher training that may be required by the City. f. Each Operator shall provide to the Airport Operations/Public Safety Officer Unit a list of company officials and 24-hour contact information.

This list shall include:
i. the Operator’s local representative with administrative, operational and fiscal authority over the aircraft/facility involved; ii. the Operator’s corporate representative with administrative, operational and fiscal authority over the aircraft/facility involved; and

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iii. the Operator’s point of contact for emergency/security incidents.

6. Insurance Requirements.
a. All Operators shall comply with the insurance Requirements and Standards set forth in Appendix “B” to these Minimum Standards, which may be revised by the City. These include the requirement that all Operators shall procure prior to commencement of service, and shall thereafter maintain continuously in effect throughout the term of their activities at the Airport, at the Operator's sole expense, insurance of the types and in at least such minimum amounts as are set forth in Appendix “B-1” to these Minimum Standards, which may be revised by the City. b. The insurance requirements imposed by this Section may not be waived by the Airport Director. .

7. Airport Security.
a. All Operators shall comply with all applicable security requirements adopted for the Airport by the City (including but not limited to any Airport Security Plan issued by the City), the FAA, or the Transportation Security Administration, and shall comply with the directives of any law enforcement officer or other airport personnel implementing these requirements. The City reserves the right in its discretion at any time to impose additional security requirements, applicable to all similarlysituated Operators. b. Operator shall have a documented security plan consistent with its Activity or Activities and adequate for the type of operation and services being provided. The security plan shall be made available to the Airport Director upon request and shall address at a minimum procedures for the following:
i. Securing Commercial Aeronautical Operator’s Leasehold to prevent unauthorized access to the Leasehold and the AOA of the Airport.
ii. Monitoring and controlling access to the Airside Area of the Airport through Commercial Operator’s Leasehold.
iii. Providing escort to vendors, customers or other visitors operating vehicles on the AOA.
iv. Informing Commercial Aeronautical Operator’s employees, vendors, customers and other visitors of security requirements and procedures.
c. The Airport Security requirements imposed by this Section may not be waived by the Airport Director.

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8. Subcontracting. A SASO may, but only with written permission from the Airport Director, subcontract any of the services it is authorized to provide on an item by item basis for no more than 180 days, subject to renewal with the permission of the Airport Director.

9. No Subleasing. Subleasing shall be prohibited. Existing sub-tenancies at the time of adoption of these Minimum Standards shall be subject to an orderly phase-out at the discretion of the City.

10. Commercial T-Hangars. Commercial T-hangar rental shall be prohibited. Only the City may lease and manage T-hangars for storage of general aviation aircraft.

11. Nondiscrimination. Operator shall not discriminate against any person or class of persons by reason of race, creed, color, national origin, sex, age, sexual orientation, gender identity, or physical handicap in providing any products, services, or facilities or in the use of any of its facilities that are available to the public, or in any manner prohibited by applicable regulatory measures including without limitation Part 21 of the Rules and Regulations of the office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964, as amended or reenacted. This non-discrimination requirement may not be waived by the Airport Manager.

12. Legal Compliance.
a. Americans with Disabilities Act Compliance. Operator shall comply with the Americans with Disabilities Act, as amended, to the extent required by law.
b. Environmental Compliance. Operator shall comply with all applicable federal, state, and local environmental laws and regulations. c. Noise Restrictions Compliance. Operator shall comply with all applicable federal, state, and local noise restriction laws and regulations. d. Airport Leasing Policy, City Charter and Municipal Code. Operator must comply with all applicable sections of the Municipal Code and the policies of the City of Santa Monica, including but not limited to, the following:
i. The City’s Airport Leasing Policy;
ii. The City’s Charter and Municipal Code, including but not limited to: (a) Article XXII of the City of Santa Monica Charter (the “Oaks Initiative”); and (b) Chapter 10.04 of the Municipal Code. e. The legal compliance requirements imposed by this Section may not be waived by the Airport Director.

13. Combination of Space Requirements. In his or her discretion, to reduce the overall amount of space required, the Airport Director may adjust or combine the minimum space requirements set forth for each type of aeronautical service if more than one type of service will be provided by a SASO from the same premises.

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14. Required Fees and Payments. The fees and payments to be made to the City by each Operator will be set forth in the Operator's Lease or Non- Exclusive License and shall be reasonable and not unjustly discriminatory.

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SECTION 4

FIXED BASE OPERATOR
This section sets forth the minimum standards for a Fixed Base Operator at the Airport.

STATEMENT OF CONCEPT
An FBO provides a wide range of aeronautical services to the public. An FBO must provide all of the following products and services at its premises at the Airport:

1. Storage of aviation fuel and other petroleum products at City’s fuel storage facilities.

2. Aircraft and engine maintenance and repair services directed towards the general aviation market.

3. Tie-down services.

4. Shuttle service for passengers of chartered, private and executive aircraft.

5. Arrange car rental, limo services or taxi-cab services for customers.

6. Arrange catering services for customers.

7. Marshaling and parking of aircraft.

8. Maintenance of the Airport’s Registration Log and other statistical data concerning the FBO’s activities on the Airport.

9. Automotive maintenance for ground support equipment at the Airport.

10. Aviation maintenance and repair service with a licensed airframe and power plant mechanic at the Airport.

11. Gate service for aircraft such as, but not limited to, passenger ramp service baggage handling, catering, and interior cleaning of aircraft.

12. Towing service for disabled aircraft. For larger aircraft (over 30,000 lbs.) the FBO may arrange with other qualified operators to provide this service.

13. Into-plane Fueling.
a. Aviation fuels (including both jet fuel and either AvGas or unleaded AvGas once unleaded AvGas is commercially available and approved for use) and lubricating oils shall be stored and dispensed by an FBO in accordance with all local, state and federal laws, regulations, rules and other requirements, as same may be amended, regarding the sale and storage of such fuels and oils, including without limitation any rules, regulations or minimum standards that are established by the City. b. Prior to commencement of the operations of dispensing and selling fuels, an FBO shall submit to the City, for review and comment, the FBO’s Spill Prevention Control and Countermeasure Plan and Pollution Incident and

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Prevention Plan and any permit requirements necessary by local, county and State agencies.

14. Other Services. An FBO may provide other specialized aeronautical services on its leasehold subject to the approval of the City, through the Airport Director, including the sale or rental of all types of consumer products normally related to the ownership or operation of aircraft; and any other services normally performed by similar FBOs at other airports in the United States. These requests will be reviewed and approved on a case-by-case basis.

15. Subcontracting. An FBO shall not subcontract any fueling services or other services that it is authorized or required to provide without the prior written approval of the Airport Director. Subcontracting of services shall not relieve FBO of any of its obligations or liabilities under these Minimum Standards or its Lease or operating agreement with the City.

16. Prohibited Activities. Each FBO is expressly prohibited from engaging in any of the following activities:
a. Provision of terminal facilities for passenger operations, other than those covered by Federal Aviation Regulations 14 CFR Parts 91 and 135. b. Sale of non-aviation products, except for paraphernalia associated with the Operator’s business (i.e., t-shirts, hats, etc.) and food and beverage amenities (i.e. vending machine snacks, sodas, etc., but not alcoholic beverages).
c. Air shows or meets.
d. Film shoots, or displays or other public gatherings, without the express written approval of the Airport Director.
e. Any service prohibited by law or not related to aviation. f. Advertising of any kind unrelated to services FBO is permitted to provide at the Airport.
g. Storage of Hazardous Materials, liquid industrial waste or any other regulated waste that does not fully comply with all applicable environmental laws.
h. Constructing or operating a fuel farm without the express written approval of the Airport Director.
i. Heavy maintenance on an aircraft on a parking apron or any other area not designated or leased for aircraft maintenance without the express written approval of the Airport Director. This does not apply to routine line maintenance of aircraft.
j. Parking, storing, or allowing the parking or storage of any vehicles on the Operator’s premises that are not used in the daily operation of the general aviation business permitted to be conducted on the premises, unless

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such vehicles are owned and operated by the Operator’s customers or employees.

MINIMUM STANDARDS

1. Experience. An Operator proposing to operate as an FBO shall have a minimum of 5 years’ experience as an FBO (including the fueling of aircraft). The Airport Director may not exercise his or her discretion to waive this requirement unless the Airport Director is satisfied, after reviewing documentation from an applicant the Airport Director deems to be sufficient, that the proposed FBO Operator’s management personnel have sufficient knowledge and experience to safely and efficiently conduct FBO operations at the Airport.

2. Land. Each FBO must lease enough land to provide adequate space for buildings, paved private auto parking, paved aircraft parking, paved pedestrian walkways, fuel storage facilities, and all storage, servicing utilities and support facilities as may be mutually agreed upon in writing by the City and FBO. The minimum area required will not be less than 144,000 square feet.

3. Hangars and Other Buildings. Each FBO must lease facilities to provide at least 6,000 square feet of lounge (for crew and passengers), offices, flight planning facilities, pilot waiting areas, and public restrooms.

4. Aircraft Parking. Each FBO must provide paved aircraft parking of a minimum of 30,000 square feet that can accommodate the largest aircraft to be handled or serviced by the FBO.

5. Automobile Parking. Each FBO must lease a minimum of 20 paved private automobile parking spaces excluding employee parking.

6. Fuel Storage Facilities. Depending on the location and nature of the proposed FBO business, with the advance approval of the Airport Director in writing, which approval may be issued by the Airport Director only after authorization by the City Council, the FBO may be permitted to establish and operate its own fuel farm. If a request by the FBO to establish and operate its own fuel farm is approved by the Airport Director, the following requirements will apply:
a. The FBO shall lease sufficient land for installation of above-ground fuel storage tanks to be constructed and operated on the FBO’s leased premises in compliance with all applicable environmental requirements. b. Total storage capacity shall consist of at least one (1) 10,000 gallon storage tanks for jet fuel and one (1) 2,500 gallon storage tank for aviation gasoline to assure adequate supplies of fuel at all times. c. The fuel storage system must include adequate fuel spill prevention features and containment capabilities, together with an approved fuel spill containment and countermeasures control plan, and shall be improved and upgraded as necessary to meet all current EPA, State, and City of Santa Monica requirements for spill prevention, containment and mitigation as they may be revised.

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d. The FBO shall be required to undertake at its own expense any environmental testing of its fuel facilities which the City may reasonably request, on or off the Airport, and to take any remedial actions determined to be necessary or appropriate as a result of such testing. e. The right is reserved to the City to disapprove installation of a new FBO fuel farm if the City determines, in its discretion, that the proposed FBO fuel farm would have an adverse effect on safety or otherwise not be in the interest of a safe and efficient airport operation.

7. Mobile Dispensing Equipment.
a. Each FBO shall provide at least three (3) metered filter-equipped mobile dispensing trucks for dispensing jet fuel, AvGas, and unleaded AvGas (once commercially available and approved for use), with separate dispensing pumps and meters required for each type of fuel. b. At least two (2) of the mobile dispensing trucks must be used for jet fuel with each having a minimum capacity of at least 3,000 gallons. c. The remaining mobile dispensing truck shall provide Unleaded AvGas with a capacity of at least 750 gallons. Until such time as unleaded AvGas is commercially available and approved for use, standard AvGas may be used.
d. All dispensers must have bottom-refilling capabilities and turbine fuel dispensers must have single point refueling capabilities. e. All dispensers shall meet all applicable safety requirements, with reliable metering devices subject to independent inspection.
f. All equipment shall be maintained and operated in accordance with Federal, State, City and industry requirements, including ATA 103, NFPA 407, OSHA guidelines, and Municipal Code 10.04.06.120.

8. Aircraft Service Equipment. Each FBO shall procure and maintain tools, jacks, tugs, towing equipment, tire repairing equipment, ground power units, portable compressed air tanks, oxygen cart and supplies, fire extinguishers, air stairs, chocks, ropes, tie-down supplies, crew and passenger courtesy transportation vehicles, and any other equipment appropriate and necessary for the servicing of all aircraft types normally expected to use the FBO facilities.

9. Hours of Operation. Each FBO shall provide aircraft fueling and line services during the hours of 7 a.m. to 9 p.m. Monday thru Friday and from 8 a.m. to 9 p.m. on Saturdays and Sundays.

10. Personnel and Training. In addition to the general personnel and training requirements in Section 3 of these Minimum Standards:
a. Full-Time Manager: All activities of the FBO shall be conducted under the guidance and supervision of a full-time FBO Manager who must have demonstrated experience in FBO supervision and operations and must be approved in advance by the Airport Director, which approval the Airport

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Director retains discretion to deny. The FBO Manager must be vested with full power and authority to direct and conduct the FBO operation.

The FBO Manager shall be assigned to the Airport and shall be available during normal business hours.
b. Line Service: At least two (2) fully trained and qualified fuel service personnel shall be on duty at all times while the facility is open for business. And adequate staff shall be on duty to ensure that aircraft are able to be marshalled onto FBO’s leased area expeditiously without interfering with Airport operation in the AOA. One must be a responsible supervisor trained in accordance with 14 CFR §§ 139.321(b)(6) and (e)(1).
c. Maintenance: At least one (1) FAA-certificated aircraft mechanic shall promptly be available upon request. The FBO can meet this requirement with mechanics employed by the FBO, or by contracting with an on-call Specialized Aeronautical Service Operator authorized to conduct Aircraft Maintenance at the Airport, provided that the Airport Director approves such contract.
d. All personnel shall be suitably uniformed.
e. There shall be at least one person on duty during the hours of 7 a.m. to 9 p.m. Monday thru Friday and from 8 a.m. to 9 p.m. on Saturdays and Sundays to act as supervisor, customer service representative, ramp attendant, and dispatcher for General Aviation activity, unless otherwise agreed in writing by the City. If an FBO deplanes passengers outside of the hours provided in this subsection, then the FBO shall staff sufficient personnel to perform necessary functions for those passengers and for safe operation of the aircraft.
f. All fuel service personnel shall have successfully completed an approved line technician safety course. A National Air Transportation Association (NATA) course or equivalent is acceptable.
g. Supervisors and all other personnel dispensing fuel must have received initial and required recurrent training in accordance with 14 CFR § 139.321. Training records for all personnel providing fueling services must be maintained on file at the Airport and be available for inspection by the City.

11. Insurance Requirements. Each FBO shall provide evidence of insurance coverage in the types and with the limits specified by Section 3 of these Minimum Standards and its Lease with the City.

12. Airport Security. Each FBO shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

13. Required Fees and Payments.

Lease: The FBO shall enter into a lease agreement providing for the payment of rent for leased space and facilities.

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Fuel Flowage: In addition to the rent to be paid under its lease with the City, the FBO shall pay the City any fuel flowage fees or other fees that are specified in its lease.

14. Fly Neighborly Program. The FBO shall maintain on its premises copies of, and shall provide to each pilot using the FBO, a Pilot’s Guide for the type of aircraft being flown by that pilot (fixed wing, jet, or helicopter), in the form attached as Appendix C or such similar form as may be provided by the Airport Director.

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SECTION 5
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

AIRCRAFT CHARTER AND AIR TAXI

STATEMENT OF CONCEPT
An Aircraft Charter or Air Taxi Operator is a person, firm or corporation engaged in the business of providing commercial air transportation (persons or property) to the general public for hire under FAR Part 135 and using the Airport as a base for engaging in this business.

MINIMUM STANDARDS

1. Facilities.
a. If providing facilities for customer use at the Airport through an FBO operating at the Airport, the Operator shall provide the Airport Director with documentation confirming the FBO’s agreement to provide such facilities and establishing that the FBO has complied with all the terms of its Iease with the City and all applicable provisions of these Minimum Standards, and, upon a determination by the Airport Director that these requirements have been satisfied, shall enter into a Non-Exclusive License with the City for provision of services.
b. Otherwise, the Operator shall lease from the City an area of sufficient size, shape, and location as mutually agreed upon to provide at least 1,000 square feet of floor space for office, restrooms, and customer lounge for customer use. All office/lounge space shall be properly heated and lighted. The Operator shall provide sufficient automobile parking space to accommodate employees and customers parking with no onstreet parking. Paved walkways with all points of access conforming to the criteria specified in the Americans with Disabilities Act (ADA) as required by the act will be provided by the Operator. Adequate hard surfaced aircraft ramp must be provided within the leased area, sufficient to accommodate the Operator’s activities, operations, and adequate tiedown facilities. If the Operator utilizes existing facilities, which may not meet the minimum sizes outlined in this section, the minimum square footage requirements may be determined by the availability of facilities and through written agreement with the City.

2. Aircraft. The Operator shall provide for charter one or more aircraft, which may be single- or multi-engine, or helicopters. All aircraft must be either owned by or under written lease to Operator. All aircraft must meet the requirements of the FAA and the FAR Part 135 certificate held by the Operator.

3. FAA Approvals. The Operator shall have and provide copies to the City of all appropriate certifications, approvals and FAA issued operating certificates. Any time certifications or approvals are modified, the updated documentation reflecting the changes shall be provided to the City within three calendar days.

Only air charter and air taxi activities authorized by the FAA and appropriate City approvals may be conducted at the Airport under this section, and all such activities must be conducted in accordance with all applicable FAA regulations,

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including any such regulations limiting the permissible weight of aircraft loads based on factors such as runway length, weather, and aircraft operating specifications.

4. Reports. For each flight providing commercial air transportation to persons, the Operator shall provide the Airport Director, upon request made by the Airport Director within 180 days after the flight, with a written report stating the type of aircraft, number of passenger seats, and number of passengers actually carried.

5. Employees. If certified to engage in on-demand common carriage for persons or property, the Operator shall employ the number of employees required by 14 CFR Part 135.

6. Mitigation Measures. As described in the Municipal Code, § 10.04.06.030(d), applications for air carrier service at the Airport “shall identify and assess the effects of the service on community aircraft noise exposure, automobile traffic, and other significant environmental impacts and propose appropriate mitigation measures. Environmental assessment shall be in accordance with State and City laws and procedures.” As used in the Code, “air carrier” service includes commuter service, air charter and air taxi operations, freight, cargo, express, and mail service, indirect air carriers and other commercial flight operations certificated by the Federal Aviation Administration.

7. Hours of Operation. If leasing premises to provide customer services pursuant to Section 5.1(b) above, the Operator shall have its premises open and services available to customers at least two (2) hours prior to and one (1) hour after each flight offered by the Operator.

8. Personnel and Training. The Operator shall have in its employ suitably uniformed and trained personnel in such numbers as are required to meet the minimum standards set forth in this category, but never less than two FAA currently certificated commercial pilots appropriately rated to conduct the flight activity offered by Operator. The Operator shall have available sufficient qualified personnel for checking in passengers, handling of luggage, ticketing and for furnishing or arranging for suitable ground transportation.

9. Insurance Requirements. The Operator shall provide evidence of insurance coverage in the types and with the limits specified by Section 3 and Appendix B of these Minimum Standards and its Lease with or Non-Exclusive License from the City.

10. Airport Security. The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

11. Required Fees and Payments. The Operator may be required to pay other required fees and payments as specified in the Operator's Lease with or NonExclusive License from the City.

12. Fly Neighborly Program. The Operator shall provide to each pilot flying for the Operator a Pilot’s Guide for the type of aircraft being flown by that pilot (fixed wing, jet, or helicopter), in the form attached as Appendix C or such similar form as may be provided by the Airport Director.

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SECTION 6
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

FLIGHT TRAINING

STATEMENT OF CONCEPT
A Flight Training Operator may provide instruction to pilots in dual and solo flight training, in fixed wing aircraft, and any related ground school instruction as is necessary for preparation to taking an FAA written examination and flight check ride for various category or categories of pilot’s licenses and ratings.

MINIMUM STANDARDS

1. Facilities. The Operator shall lease from the City an area of sufficient size, shape, and location to provide sufficient area to accommodate all of the Operator’s activities and operations as described below. The Operator shall provide at a minimum:
a. At least 1,000 square feet of floor space for an office, shop, restrooms, customer lounge, classroom, and briefing room space to support flighttraining activities. b. For aircraft using a hangar, sufficient area for parking the Operator’s aircraft.
c. For aircraft not using a hangar, tie-down spaces of sufficient area for parking the Operator’s aircraft.
d. Sufficient automobile parking space to accommodate employees and customers parking with no on-street parking.
e. Paved walkways with all points of access conforming to the criteria specified in the Americans with Disabilities Act (ADA) as required by the act will be provided by the Operator.
f. Copies of all applicable federal, state and local licenses to operate a flight training facility, including but not limited to any approvals required under 14 CFR Part 61 or 14 CFR Part 141.

2. Equipment. The Operator shall have available for use in flight training, either owned or under written lease to the Operator, not less than two (2) properly certificated aircraft, at least one (1) of which must be equipped for and capable of use in instrument flight instruction, unless the Operator is only providing sport pilot training.

3. Personnel. The Operator shall have on duty, on a full-time basis, at least one (1) flight instructor who is currently certificated by the FAA to provide the type of flight training offered; and shall have available for call, on a part-time basis, at least one (1) flight instructor who is currently certified by the FAA to provide the type of flight training offered. The Operator shall provide a currently certified ground school instructor as needed; this requirement may be satisfied by a certificated flight instructor with appropriate experience in ground school teaching. The Operator shall have its premises open and services available in

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day and night hours as necessary to meet demand for training, and shall have an employee in the facility at all times that flight or ground training is being conducted.

4. Maintenance of Aircraft and Space for Maintenance. If the Operator is conducting Aircraft Maintenance on Aircraft owned or leased or operated by (and under the full and exclusive control of) the Operator, then the Operator must lease at least 1,500 square feet of hangar space for such Aircraft Maintenance, including employee work areas, shop areas, and storage.

5. Insurance Requirements. The Operator shall provide evidence of insurance coverage in the types and with the limits specified by Section 3 of these Minimum Standards and its Lease with or Non-Exclusive License from the City.

6. Airport Security. The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

7. Required Fees and Payments. The Operator may be required to pay other required fees and payments as specified in the Operator's Lease with or NonExclusive License from the City.

8. Fly Neighborly Program. The Operator shall maintain on its premises copies of, and shall provide to each person being trained, a Pilot’s Guide for the type of aircraft on which the person is being trained (fixed wing, jet, or helicopter), in the form attached as Appendix C or such similar form as may be provided by the Airport Director.

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SECTION 7
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

AIRCRAFT MAINTENANCE AND REPAIR STATIONS

STATEMENT OF CONCEPT
An Aircraft Repair Station Operator provides maintenance, repair, rebuilding, alteration or inspection of aircraft or any of their component parts. Two types of Aircraft Repair Station Operators are permitted at the Airport: (1) Aircraft Repair Stations and (2) Minor and Specialized Maintenance and Repair Operators.

An Aircraft Repair Station must be certificated by the FAA under FAR Part 145 to perform aircraft maintenance and shall provide only those maintenance and inspection services permitted by its FAA certification. An Aircraft Repair Station Operator may also sell aircraft parts and accessories on a non-exclusive basis.

A Minor and Specialized Maintenance and Repair Operator may provide either or both of the following types of maintenance and repair services:
a. A Minor Maintenance and Repair Operator may provide aircraft airframe and engine inspection, maintenance and repair on general aviation aircraft that is not required to be performed by a Repair Station certificated under 14 CFR Part 145.

Services may include minor aircraft airframe and engine inspection, maintenance and repair, and sale of incidental parts and accessories. b. A Specialized Minor Aircraft Maintenance and Repair Operator may provide maintenance and repair of aircraft radios, propellers, instruments, and accessories for general aviation aircraft. This category shall include the sale of new and/or used aircraft radios, propellers, instruments, and accessories on a non-exclusive basis.

MINIMUM STANDARDS

1. Hangars and Shops. The Operator shall lease a hangar or shop facilities of at least 5,000 square feet to conduct its business.

2. Aircraft Apron. If necessary for its operations, the Operator shall lease at least 4,000 square feet of paved aircraft parking and storage area to support its activities, unless the City agrees in writing to a lesser leased area.

3. Aircraft Service Equipment.
a. Aircraft Repair Station Operators shall at all times maintain an adequate supply of all necessary parts, equipment and accessories as needed for its business operations.
b. Minor and Specialized Maintenance and Repair Operators shall provide sufficient equipment, supplies and parts to provide minor repairs, inspections and preventative Maintenance as defined in FAA regulations at 14 CFR Part 43, including machine tools, jacks, lifts and testing equipment.

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c. If the Operator is involved with moving aircraft, the Operator shall have, lease or contract with an FBO at least one aircraft tug of sufficient power or braking weight to handle any aircraft that the Operator is permitted to service under the Operator’s FAA certificate.
d. The Operator shall own, lease or otherwise have available all of the tools and equipment required under the Operator’s FAA certificate.’

4. Hours of Operation.
a. The Repair Station shall be open and have services available at least eight (8) hours a day, five (5) days a week.
b. The Operator shall provide for services during off-hours through an “oncall” system.

5. Personnel and Training. In addition to the general personnel and training requirements in Section 3 of these Minimum Standards:
a. The Operator shall have in its employ, and on duty during its hours of operation under Section 7.4.a above, trained personnel in such numbers as are required to meet contract requirements and FAA regulations, in a safe and efficient manner, but never less than one (1) person who is an employee of the Operator and is currently certified by the FAA with ratings appropriate to the work being performed, and who holds an airframe, power plant or an aircraft inspector rating. The requirements of this subsection regarding inspector ratings shall not apply to radio shop repair stations, if any.
b. During its hours of operation under Section 7.4.a above, the Operator shall maintain a responsible person in charge to supervise its operations on the Airport who has authority to represent and act for and on behalf of the Operator.
c. All employees shall be suitably uniformed.

6. Insurance Requirements. The Operator shall provide evidence of insurance coverage in the types and with the limits specified by Section 3 of these Minimum Standards and its Lease with or Non-Exclusive License from the City.

7. Airport Security. The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

8. Required Fees and Payments. The Operator may be required to pay other required fees and payments as specified in the Operator's Lease with or NonExclusive License from the City.

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SECTION 8
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

SELF-SERVICE FUEL PUMPS

STATEMENT OF CONCEPT
A Commercial Self-Service Fuel Operator provides and operates a commercial selfservice fueling facility from which pilots may fuel their aircraft. A commercial self-service fueling facility may or may not be attended. Commercial self-service fueling is distinct from self-fueling, in which an aircraft owner or operator performs services on its Owned Aircraft with its Own Employees and Own Equipment.

MINIMUM STANDARDS

1. Land. The Operator shall lease, at a minimum, 8,000 square feet to provide sufficient land for a retail self-service aviation fueling pump and corresponding underground fuel storage tank (or a retail self-service aviation fueling pump and the installation of a new above-ground fuel storage tank), supporting reporting equipment and credit card authorization, and to provide fueling and dispensing services to customers.

2. Services. The Operator shall operate a commercial self-service fueling facility and shall provide retail aviation fueling and dispensing services to Airport users, including the retail distribution of either 100 low lead AvGas or unleaded AvGas (once unleaded AvGas is commercially available and approved for use). The City, in its discretion, may allow subcontracting for these services after reviewing a request for approval in writing.

3. Equipment, Operations, and Spill Control.
a. Equipment. The Operator must demonstrate that it owns, leases or otherwise has sufficient access to all equipment required to provide storage and dispensing operations at the Airport. All equipment shall be maintained and operated in accordance with Federal, State, City and industry requirements, including ATA 103, NFPA 407, OSHA guidelines, and Municipal Code 10.04.06.120.
b. Operating procedures. The Operator shall develop and maintain Standard Operating Procedures (SOP) for fueling and shall ensure compliance with all applicable federal, state and local requirements or standards, including those set forth in Advisory Circular 150/5230-4B - Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports, ATA 103, NFPA 407, OSHA guidelines, Municipal Code 10.04.06.120, and ASTM best management practices. The SOP shall include the following:
i. a training plan,
ii. fuel quality assurance procedures,
iii. a schedule for inventory, inspections, and maintenance procedures;

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iv. record keeping procedures, and
v. emergency response procedures for fuel spills and fires, including prevention measures;
vi. information regarding the control of access and security for fuel and oil dispensing areas.

The SOP shall be submitted to the City not later than ten (10) business days before the Operator commences operation at the Airport. c. Spill Prevention and Containment. Prior to transporting or dispensing aviation fuel or oil onto the Airport, the Operator shall provide the City with a Spill Prevention Contingency and Control Plan (SPCC) that meets regulatory requirements for fuel and oil storage facilities. An updated copy of such SPCC Plan shall be filed with the City at least ten (10) business days prior to actual implementation. Such plan shall describe, in detail, those methods that shall be used by the Operator to clean up any potentially hazardous fuel spills. The plan should include Equipment to be used, emergency contact personnel and their telephone numbers, and all other details as to how the Operator would contain such a spill. This plan should also describe, in detail, what methods the Operator intends to use to prevent any such spill from occurring.

4. Hours of Operation. The facilities shall be open and have services available during the hours of 7 a.m. to 9 p.m. Monday thru Friday and from 8 a.m. to 9 p.m. on Saturdays and Sundays.

5. Personnel and Training. In addition to the general personnel and training requirements in Section 3 of these Minimum Standards, the Operator shall have in its employ, and on duty during business hours, trained personnel in such numbers as are required to meet FAA regulations and any applicable terms specified in the Operator’s Lease with or Non-Exclusive License from the City, in a safe and efficient manner. All employees shall be suitably uniformed.

6. Insurance Requirements. The Operator shall provide evidence of insurance coverage specified in Section 3.

7. Airport Security. The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

8. Permits. The Operator shall have, and shall make available to the City on request, evidence of all federal, state and local licenses, certificates and permits that are required.

9. Fuel Revenues and Flowage Fees. The Operator shall pay to the City on a monthly basis two types of fees: percentage revenue and a fuel flowage fee.

These fees may be based on fuel sale revenues and amounts, and may be specified in the Operator’s Lease with or Non-Exclusive License from the City.

The Operator also may be required to pay other required fees and payments as specified in the Operator's Lease with or Non-Exclusive License from the City.

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SECTION 9
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

AIRCRAFT MANAGEMENT SERVICES

STATEMENT OF CONCEPT
An Aircraft Management Services Operator is a person, firm or corporation engaged in the business of providing aircraft management including, but not limited to, flight dispatch, flight crews, or aircraft maintenance coordination to the general public, under a long-term contract. Management contracts must be in writing and must identify each managed aircraft by registration number, type and model, and must be for a term of at least six months. Contracts must be bona fide, exclusive and comprehensive, covering all aspects of aircraft operation including, without limitation, fees and charges, insurance, inspection, maintenance and repair during the term of the contract. Management contracts may be “wet” or “dry,” and with or without crew.

MINIMUM STANDARDS

1. Facilities. The Operator shall lease adequate space and facilities at the Airport to store park or hangar managed aircraft, to store equipment, to operate its business, and to accommodate its employee parking requirements. Leased space must include sufficient work space for any aircraft upon which maintenance or repairs are being performed by the Operator.

2. Equipment. The Operator must have the use of sufficient and appropriate equipment to serve the types of aircraft being managed. The Operator must have computer hardware and accounting software adequate to provide comprehensive records of all revenues and expenses of aircraft management as well as required aircraft maintenance.

3. Hours of Operation. The Operator shall have services available as required by its customers.

4. Personnel and Training. In addition to the general personnel and training requirements in Section 3 of these Minimum Standards, the Operator shall have trained and suitably uniformed personnel sufficient to provide services desired by contract customers.

6. Airport Security. Each The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

7. Required Fees and Payments. The Operator may be required to pay other required fees and payments as specified in the Operator's Lease with or NonExclusive License from the City.

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SECTION 10
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

AIR TRANSPORTATION ARRANGER

STATEMENT OF CONCEPT
An Air Transportation Arranger Operator is a person, firm or corporation, whether or not certificated by the FAA, using the Airport as a base to engage in the business of arranging commercial air transportation (persons or property) to the general public for hire, which commercial air transportation is provided by one or more persons, firms or corporations engaged in the business of providing commercial air transportation (persons or property) to the general public for hire under FAR Part 135 or any other section of the FAR (the “Contracted Carrier”).

MINIMUM STANDARDS

1. Facilities or License.
a. If providing facilities for customer use at the Airport through either an FBO or a Contracted Carrier operating at the Airport pursuant to Section 5 of these Minimum Standards, the Operator shall provide the Airport Director with documentation confirming the FBO’s or Contracted Carrier’s agreement to provide such facilities and establishing that the FBO or Contracted Carrier has complied with all the terms of its Iease with the Airport and all applicable provisions of these Minimum Standards, and, upon a determination by the Airport Director that these requirements have been satisfied, shall enter into a Non-Exclusive License with the City for provision of services.
b. Otherwise, the Operator shall lease from the City an area of sufficient size, shape, and location as mutually agreed upon to provide at least 1,000 square feet of floor space for office, restrooms, and customer lounge for customer use, in accordance with the requirements set forth in Section 5.1.b of these Minimum Standards.

2. Contracted Carrier Compliance. The Operator shall provide the City with documentation establishing that each Contracted Carrier operating at the Airport pursuant to Section 5 of these Minimum Standards satisfies the requirements set forth in Sections 5.2 through 5.11 of these Minimum Standards and that any other Contracted Carrier has all required FAA certifications and complies with all applicable FAA regulations.

3. Reports. For each flight providing commercial air transportation to persons, the Operator shall provide the Airport Director, upon request made within 180 days of the flight, with a written report identifying the Contracted Carrier that provided the flight and, if that Contracted Carrier is not operating at the Airport pursuant to Section 5 of these Minimum Standards, stating the type of aircraft, number of passenger seats, and number of passengers actually carried.

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4. Insurance Requirements. The Operator shall provide evidence of insurance coverage in the types and with the limits specified by Section 3 and Appendix B of these Minimum Standards and its Lease with or Non-Exclusive License from the City.

5. Airport Security. The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

6. Required Fees and Payments. The Operator may be required to pay other required fees and payments as specified in the Operator's Lease with or NonExclusive License from the City.

7. Fly Neighborly Program. For any flight provided by a Contracted Carrier that is not operating at the Airport pursuant to Section 5 of these Minimum Standards, the Operator shall provide to the pilot of that flight a Pilot’s Guide for the type of aircraft being flown by that pilot (fixed wing, jet, or helicopter), in the form attached as Appendix C or such similar form as may be provided by the Airport Director.

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SECTION 11
SPECIALIZED AERONAUTICAL SERVICES OPERATOR:

AIRCRAFT SALES OPERATOR

STATEMENT OF CONCEPT
An Aircraft Sales Operator is an Operator engaged in the sale of more than three new or used Aircraft during a 12-month period. This excludes individuals selling personally owned Aircraft, unless the individual purchased the Aircraft for the primary purpose of resale.

MINIMUM STANDARDS

1. Facilities. The Operator shall lease adequate space and facilities at the Airport to store, park or hangar Aircraft to be sold, to store equipment, to operate its business, and to accommodate its employee parking requirements. Leased space must include sufficient work space for any aircraft upon which maintenance or repairs are being performed by the Operator.

2. Equipment, License and Certifications. The Operator shall have sufficient and appropriate equipment to serve the types of aircraft being stored and sold as appropriate for its business. If the Operator offers flight demonstration for Aircraft offered for sale, then the Operator shall also be properly certificated by the FAA, hold appropriate ratings and medical certifications for providing flight demonstration, and employ personnel authorized to fly such Aircraft for such demonstration purposes.

3. Hours of Operation. The Operators shall have services available as required by its customers.

4. Personnel and Training. In addition to the general personnel and training requirements in Section 3 of these Minimum Standards, the Operator shall have trained personnel sufficient to provide services desired by customers.

6. Airport Security. The Operator shall comply with all security requirements specified by Section 3 or otherwise applicable as a matter of law.

7. Required Fees and Payments. The Operator may be required to pay other required fees and payments as specified in the Operator's Lease with or NonExclusive License from the City.

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SECTION 12
SPECIALIZED AERONAUTICAL SERVICE OPERATOR:

OTHER AERONAUTICAL SERVICES

STATEMENT OF CONCEPT
There may be other types of aeronautical services provided or to be provided at the Airport that are not covered by the Minimum Standards set forth above and they may not warrant the establishment of specific Minimum Standards at this time. Any existing provider of such services must meet the general requirements of Section 3 of these Minimum Standards.

1. Existing services not covered by specific category minimum standards. a. Specialized Aeronautical Service Operators not covered by the specific minimum standards in Sections 4 through 11 must meet all the requirements of this section and Sections 3 and 14, including the requirement that they have a Non-Exclusive License to provide services at the Airport.
b. The City may require that the Operator lease space on the Airport. c. Operators covered by this provision may be required to pay other required fees and payments as specified in the Operator’s Lease with or Non-Exclusive License from the City.

2. Application for new specialized aeronautical service operations. If and when an applicant proposes to conduct a specialized aeronautical service that is not currently conducted at the airport and is not covered by any of Sections 4 through 11 of these Standards, the City may adopt applicable Minimum Standards for such service, taking into consideration the desires of the applicant, the needs of the City and the need for such service at the Airport. At a minimum, all aeronautical service providers at the Airport must comply with Section 3, General Requirements.

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SECTION 13

SPECIAL RULES FOR A SASO CONDUCTING

MULTIPLE AERONAUTICAL SERVICES

STATEMENT OF CONCEPT
This section would apply to any Specialized Aeronautical Services Operator that engages in any two (2) or more of the specialized aeronautical services for which Minimum Standards have been developed. The sale of aviation fuels is not included in this section because only FBOs are permitted to engage in the sale of aviation fuels.

MINIMUM STANDARDS

1. Land. If required by these Minimum Standards, the Operator shall lease, from the City an area that is equal to the total area required by the sum of the minimum land areas required under the individual specialized services the Operator is providing.

2. Hangars and Other Buildings. If required by these Minimum Standards, this Operator shall lease hangar facilities providing a total square footage that is equal to the total area required by the sum of the minimum hangar size required under the individual specialized services the Operator is providing. The hangar must have a door that meets the largest width and height requirements of the individualized services the Operator is providing.

3. Aircraft Apron. If required by these Minimum Standards, the Operator shall lease paved aircraft parking apron that provides a total square footage that is equal to the total area required by the sum of the minimum apron areas required under the individual specialized services the Operator is providing.

4. Hours of Operation. The Operator shall maintain the longest hours of operation required elsewhere in these Minimum Standards for any of the aeronautical services it provides.

5. Personnel. In addition to the general personnel and training requirements in Section 3 of these Minimum Standards, the Operator shall have in its employ and on duty during the appropriate business hours, suitably uniformed, trained personnel in such numbers as are required to meet these Minimum Standards for the aeronautical services to be provided. Multiple responsibilities may be assigned to meet the personnel requirements for each specialized aeronautical service being performed.

6. Equipment. The Operator shall provide all of the facilities, equipment and services required to meet the Minimum Standards for each of the aeronautical services it provides.

7. Insurance. The Operator shall obtain, as a minimum, that insurance coverage which is equal to the highest single coverage requirement of all the aeronautical services being performed by the Operator.

8. Required Fees and Payments. The Operator shall pay all fees applicable to each and every service that it provides at the Airport.

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9. Applicability of Specific Provisions. The provision of multiple types of services by the Operator shall not exempt the Operator from any of the requirements otherwise applicable to each of the services provided.

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SECTION 14

RECOGNITION AND REGULATION

OF SELF-SERVICE AND SELF-FUELING RIGHTS

RIGHT TO SELF-SERVICE AND SELF-FUELING
An aircraft owner may perform services, including Self-Fueling, on the owner’s Own Aircraft utilizing the aircraft owner’s Own Employees and Own Equipment.

In the interests of safety and fairness, a Person desiring to Self-Fuel must hold a current Non-Commercial Annual Operational Permit from the Santa Monica Fire Department and be granted Self-Fueling rights by the City in a Lease, Non-Exclusive License, or Non-Commercial Self-Fueling Permit. Any Person not party to a Lease or Non-Exclusive License granted by the City may only have permission to Self-Fuel such Person’s Owned Aircraft if such Person (a) holds a valid and current Non-Commercial SelfFueling Permit from the City, and (b) is in and continues to be in compliance with all City, state and federal requirements applicable to aircraft fuel handling practices.

If an aircraft owner does not exercise the right to Self-Fuel, that owner’s aircraft may be fueled or otherwise serviced at the Airport only by those Operators authorized to provide such services at the Airport under a Lease or Non-Exclusive License approved by the City.

NON-COMMERCIAL SELF-FUELING PERMIT

1. General
A Person desiring to Self-Fuel that Person’s Owned Aircraft, and not holding SelfFueling rights under a Lease or Non-Exclusive License, shall have a reasonable opportunity to qualify for and receive a Non-Commercial Self-Fueling Permit. Each Person conducting non-commercial Self-Fueling at the Airport shall comply with the following minimum standards. Any Person desiring to Self-Fuel its Owned Aircraft may only do so using its Own Employees and its Own Equipment. Third-party employees and equipment can never be used for Self-Fueling.

Self-service fueling by an aircraft owner or operator at an FBO’s self-service pump is not Self-Fueling and does not require a Self-Fueling Permit.

2. Permit/Approval
a. No Person shall engage in Self-Fueling activities unless a valid NonCommercial Self-Fueling Permit authorizing such activity has been obtained from the City.
b. The Permit shall not reduce or limit Permittee’s obligations with respect to these Self-Fueling minimum standards, which shall be incorporated in the Permit by reference.
c. An applicant for a Permit shall provide evidence that any aircraft to be fueled by the applicant is an Owned Aircraft. At any time after a Permit is issued, the Permittee, upon request by the Airport Director or delegee, shall provide evidence that all aircraft being Self-Fueled are Owned Aircraft.

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d. The Airport Director will make binding determinations about whether specific aircraft qualify as Owned Aircraft for purposes of Self-Fueling. e. A Person seeking to Self-Fuel on the basis of a Long Term Lease for any aircraft must obtain insurance to cover all of its interest and activities with respect to the leased aircraft or be a named insured under the policy of the lessor and must attach true and correct copies of the lease and a complying certificate of insurance to such Person’s application for a NonCommercial Self-Fueling Permit, as updated by such Person before there are any changes in the aircraft such Person seeks to Self-Fuel. f. A Person seeking to Self-Fuel aircraft on the basis of a Long Term Management Contract for any aircraft must obtain insurance to cover all of its interests and activities with respect to the aircraft or be named as an insured under the policy of the aircraft owner and must attach true and correct copies of the management contract and a complying certificate of insurance to such Person’s application for a Non-Commercial SelfFueling Permit, as updated by such Person before there are any changes in the aircraft such Person seeks to Self-Fuel.
g. A Person seeking to Self-Fuel using facilities or equipment that are under a Long Term Lease or other written agreement must obtain insurance to cover all of its interests and activities with respect to the subject of the agreement or be a named insured under the policy of the equipment owner and must attach true and correct copies of the agreement and a complying certificate of insurance to such Person’s application for a NonCommercial Self-Fueling Permit as updated by that Person before there are any changes in the facilities or equipment to be used for Self-Fueling by such Person.

3. Fuel Storage and Delivery
a. Permittee shall arrange and demonstrate that satisfactory arrangements have been made for the storage and delivery of fuel in accordance with this Section 14.
b. Fuel Storage Facilities. A Permittee may be authorized to establish its own fuel farm only with the advance written approval of the Airport Director, which approval may be issued by the Airport Director only after authorization by the City Council,. A Permittee authorized by the City to install its own fuel tank may lease land and construct or install an aboveground fuel storage facility at a location approved by the Airport Director in writing. If a request by the Permittee to use its own fuel farm is approved by the Airport Director, after obtaining authorization from the City Council, the following requirements will apply:
i. The Permittee shall lease sufficient land for installation of aboveground fuel storage tanks to be constructed and operated on the Permittee’s leased premises in compliance with all applicable environmental requirements.

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ii. All fuel storage must be above-ground. In no event shall the total storage capacity be less than 10,000 gallons for Jet Fuel or 2,500 gallons for Avgas.
iii. The fuel storage system must include adequate fuel spill prevention features and containment capabilities, together with an approved fuel spill containment and countermeasures control plan, and shall be improved and upgraded as necessary to meet all current EPA requirements for spill prevention, containment and mitigation as they may be revised.
iv. The Permittee shall be required to undertake at its own expense any environmental testing of its fuel facilities which the City may reasonably request, on or off the Airport, and to take any remedial actions determined to be necessary or appropriate as a result of such testing. The right is reserved to the Airport Director to disapprove installation of a new fuel farm if the facility would have an adverse effect on safety or otherwise in the judgment of the Airport Director not be in the interest of a safe and efficient airport operation.
v. In no event shall fuel delivery trucks be used for fuel storage on the Airport. Vehicles used to deliver fuel to the Airport will transfer fuel to storage tanks or, if approved, directly to the Permittee’s fuel dispensing trucks, and depart the Airport.
c. Permittee shall be liable and indemnify the City for all leaks, spills, or other damage that may result through the handling and dispensing of fuel. d. Fuel delivered shall be clean, bright, pure, and free of microscopic organisms, water, or other contaminants. Ensuring the quality of the fuel is the responsibility of Permittee.

4. Fueling Equipment
a. Permittee shall utilize a single mobile dispensing truck that has the following minimum capacity: (1) for Avgas or jet fuel, 750 gallons; (2) for MoGas, 80 gallons. Avgas or MoGas dispensing trucks shall have a maximum capacity of 1,200 gallons and jet fuel dispensing trucks shall have a maximum capacity of 3,000 gallons. All Refueling Vehicles shall be capable of bottom loading, and turbine fuel dispensers must have single point refueling capability.
b. Each Refueling Vehicle shall be equipped and maintained to comply at all times with all applicable safety and fire prevention requirements or standards, as may be amended, including without limitation, those prescribed by:
i. National Fire Protection Association (NFPA) 407, OSHA guidelines, the California Fire Code, and Municipal Code

10.04.06.120;

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ii. 14 CFR Part 139, Airport Certification, § 139.321
“Handling/Storing of Hazardous Substances and Materials”; and iii. applicable FAA Advisory Circulars (AC) including AC 150/5210- 20, Ground Vehicle Operations on Airports”; and AC 150/5210-5D, "Painting, Marking and Lighting of Vehicles Used On An Airport".

5. Spill Prevention and Containment. Prior to transporting Fuel onto the Airport, the Permittee shall provide the City with a Spill Prevention Contingency and Control Plan (SPCC) that meets regulatory requirements for above ground Fuel storage facilities. An updated copy of such SPCC Plan shall be filed with the City at least ten (10) business days prior to actual implementation. Such plan shall describe, in detail, those methods that shall be used by the Permittee to clean up any potentially hazardous Fuel spills. The plan should include Equipment to be used, emergency contact personnel and their telephone numbers, and all other details as to how the Permittee would contain such a spill. This plan should also describe, in detail, what methods the Permittee intends to use to prevent any such spill from occurring.

6. Operating procedures. In accordance with all applicable Regulatory Measures and appropriate industry practices, the Permittee shall develop and maintain Standard Operating Procedures (SOP) for fueling and shall ensure compliance with standards set forth in NFPA 407, the California Fire Code, and Municipal Code 10.04.06.120. The SOP shall include a training plan, fuel quality assurance procedures, record keeping, and emergency response procedures for fuel spills and fires. The SOP shall also address the following: (1) bonding and fire protection, (2) public protection, (3) control of access to fuel dispensing vehicle storage areas, and (4) marking and labeling of fuel dispensing vehicles.

The SOP shall be submitted to the City not later than ten (10) business days before the Permittee commences Self-Fueling at the Airport.

7. Licenses, Certifications, and Permits. Permittee shall have, and shall make available to the City on request, evidence of all federal, state and local licenses, certificates and permits that are required to conduct Self-Fueling.

8. Reporting
a. Permittee shall report all Fuel delivered to the approved Permittee’s fuel storage facility, if any, and into Permittee’s Aircraft during each calendar month and submit a summary report along with appropriate fees and charges due the City on or before the 10th day of the subsequent month. b. Permittee shall during the term of the Permit and for three (3) years thereafter maintain records identifying the total number of aviation Fuel gallons purchased and delivered. Records (and meters) shall be made available for audit to the City or representatives of the City. In the case of a discrepancy, Permittee shall promptly pay, in cash, all additional rates, fees, and charges due the City, plus annual interest on the unpaid balance at the lesser of 18% or the maximum rate allowable by law from the date originally due.

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9. Personnel
a. Only the Permittee’s Own Employees may conduct Self-Fueling operations on the Permittee’s aircraft. All Employees of the Permittee conducting Self-Fueling must be properly trained in Aircraft refueling, in compliance with 14 CFR § 139.321.
b. There must be a minimum of two (2) trained individuals present during Self-Fueling activities.

10. Limitations on Self-Fueling Rights.
a. A Permittee may not sell or dispense fuels to based or transient aircraft that are not Owned Aircraft of the Permittee. Any such sale or dispensing shall be grounds for immediate revocation of the Permit. Revocation upon first violation will be for a period of one (1) year. Revocation upon a second violation shall be permanent.
b. Once unleaded Avgas is commercially available and approved for use, self-fueling using leaded Avgas or MoGas will no longer be permitted.

11. Insurance. Except as otherwise provided for in these Minimum Standards, Permittee shall maintain, at a minimum, the coverages and policy limits set forth in Appendix B – Insurance Requirements.

12. Required Fees and Payments. Fuel flowage fees and any other payments to be made to the City by each Permittee will be set forth in the Permittee's NonCommercial Self-Fueling Permit and shall be reasonable and not unjustly discriminatory.

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APPENDIX A

DEFINITIONS
The following terms shall have the following meanings:

AERONAUTICAL ACTIVITY – Any activity that involves, makes possible, or is required for the operation of aircraft or that contributes to or is required for the safety of such operations. Activities within this definition, commonly conducted on airports, include, but are not limited to, the following: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts, parachute or ultralight activities, and any other activities that, because of their direct relationship to the operation of aircraft, can appropriately be regarded as aeronautical activities.

AIRPORT – Santa Monica Airport (SMO).

AIRPORT DIRECTOR – the Airport Director of the Santa Monica Airport or the duly authorized representative of the Airport Director.

AIRPORT USER – a person who operates an aircraft at the Airport.

AIR OPERATIONS AREA or AOA – that portion of the Airport used or intended to be used for landing, take off or surface maneuvering of aircraft including the hangar and cargo areas and aircraft parking aprons.

AIRPORT LEASING POLICY -- Santa Monica City Council Airport Leasing and Licensing Policy (“Airport Leasing Policy”).

APRON or RAMP – those areas of the Airport within the AOA designated for the loading, unloading, servicing, or parking of aircraft.

CITY – the City of Santa Monica, California. The City may delegate its powers to the Airport Director or such other City staff member as the City may choose.

COMMERCIAL – conducted with the intent or purpose of generating or securing earnings, income, compensation or profit, whether or not such objectives are accomplished.

CONSENT DECREE – the Consent Decree between the City and the United States in the U.S. District Court, City of Santa Monica v. United States, Dkt. No. 2:13-cv-08046 (C.D. Cal. 2017), dated January 31, 2017.

FAA – Federal Aviation Administration, or any successor agency.

FIXED BASE OPERATOR (FBO) – an operator that furnishes a full range of aeronautical activities and services to the public, including fueling and line services to General Aviation aircraft.

FUELING OPERATIONS – the receipt, storage, handling, movement, delivery and dispensing of fuel for aircraft at the Airport, including the installation, use and

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maintenance of fueling equipment, and the operations and supervision of all personnel engaged in fueling activities.

GENERAL AVIATION – all aviation operating under FAR Part 91 (with the exception of government aircraft operations) and FAR Part 135 operations to the extent permitted in these Minimum Standards.

INDIVIDUAL – An Operator’s agent, employee, supplier, contractor, tenant, invitee or other party that has been granted access to the Operator’s premises.

LEASE – an agreement with the City for the exclusive use of designated airport land and/or facilities.

LONG TERM LEASE – a written lease for one or more aircraft, with adequate consideration, for a term of at least six months and terminable within six months only for cause which provides that the primary care, custody and control of the aircraft is in the Person applying to conduct Self-Fueling Operations and contains substantially all terms and conditions standard in the industry for that type of lease.

LONG TERM MANAGEMENT CONTRACT – a written management contract for specified aircraft, with adequate consideration, for a term of at least six months and terminable within six months only for cause which provides that the primary care, custody and control of the aircraft is in the Person applying to conduct Self-Fueling Operations and contains substantially all terms and conditions standard in the industry for that type of contract. The management contract must provide that the Person applying to conduct Self-Fueling Operations is responsible for all maintenance, all pilot service, and all scheduling of the aircraft that are subject to the managements contract.

MUNICIPAL CODE – the City of Santa Monica Municipal Code.

NON-COMMERCIAL SELF-FUELING PERMIT – a written document issued by the City authorizing Self-Fueling at the Airport.

NON-EXCLUSIVE LICENSE – an agreement with the City granting permission for the conduct of specified commercial aeronautical services on the Airport, but not granting an exclusive right to provide those services or the exclusive use of any Airport property or facilities.

OPERATOR – a person or persons, firm, company, joint venture, partnership or corporation using the Airport as a base for any Commercial Aeronautical Activity.

OWNED AIRCRAFT – for FAA Part 91 or Part 135 operators, aircraft listed on that operator’s then-current Part 91 or Part 135 Certificate and for all other operators: aircraft used exclusively by that Person and titled and registered with the FAA in that Person’s own name; aircraft used by that Person as lessee under a Long Term Lease, or aircraft used by that Person under a Long Term Management Contract.

OWN EMPLOYEES – employees of the Person applying to conduct Self-Fueling Operations for whom all state and federal employment taxes are paid by that Person.

OWN EQUIPMENT – facilities or equipment that is used exclusively by and titled in the name of the Person applying to conduct Self-Fueling Operations or is used by that Person subject to a Long Term Lease or written purchase, financing or use agreement

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for such facilities or equipment, with adequate consideration, for a term of at least six months and terminable within six months only for cause which provides that the primary care, custody and control of the facilities or equipment is in the Person applying to conduct Self-Fueling Operations and contains substantially all terms and conditions standard in the industry for that type of agreement.

PERMITTEE – a Person who has been issued and holds a valid and current NonCommercial Self-Fueling Permit.

PERSON – an Individual, firm, company, joint venture, partnership or corporation.

REPAIR STATION – a facility utilized for the repair of aircraft approved and certificated by the FAA under 14 CFR Part 145. Activities may include repair and maintenance of airframes, power plants, propellers, radios, instruments and accessories.

SELF-FUELING – a Person’s conduct of Fueling Operations for that Person’s Own Aircraft, using that Person’s Own Equipment and conducted by that Person or the Person’s Own Employees. Self-fueling may be permitted by a Lease or Non-Exclusive License authorizing commercial services or by a Non-Commercial Self-Fueling Permit.

SPECIALIZED AERONAUTICAL SERVICES OPERATOR (SASO) – an Operator that is authorized to engage in one or more of the following specialized aeronautical support services:
a. Aircraft Charter and Air Taxi
b. Flight Training
c. Aircraft Maintenance and Repair Stations
d. Self-Service Fuel Pumps
e. Aircraft Management
f. Air Transportation Arranger
g. Aircraft Sales Operator
h. Other Aeronautical Services

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APPENDIX B

INSURANCE REQUIREMENTS AND STANDARDS
#
The City has established the following minimum insurance requirements and standards for Operators providing commercial aeronautical services at the Santa Monica Municipal Airport:

A. The Operator shall procure and maintain at its own expense for the duration of the Operator’s activities and/or use of leased premises at the Airport insurance as set out in the Minimum Insurance Requirements Matrix (Appendix B-1) against claims for injuries to persons or damages to property that may arise from or in connection with activities and/or the use of leased premises at the Airport by the Operator, its agents, representatives, employees or subcontractors.

B. If the Operator maintains broader coverage or higher limits than the minimums required in Appendix B-1, the City of Santa Monica requires and shall be entitled to any broader coverage and higher limits maintained by the Operator. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

C. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the use, occupancy, operations or maintenance of leased premises, including work or operations performed on behalf of the Operator.
ii. Primary Coverage: For any claims related to Operator’s activities and/or use of leased premises at the Airport, the Operator’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Operator’s insurance and shall not contribute with it.
iii. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
iv. Waiver of Subrogation: Operator hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Operator may acquire against the City of Santa Monica by virtue of payment of any loss. Operator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies

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regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
v. Claims Made Policies: If the pollution liability policy provides “claims made” coverage: the Retroactive Date must be shown and must be before the commencement of the Operator’s lease; the insurance must be maintained and evidence of insurance must be provided for at least 3 years after the expiration of the Operator’s lease; and if the policy is cancelled or not renewed, and not replaced with another “claims made” policy form with a Retroactive Date prior to the effective date of the lease, the Operator must purchase “extended reporting” coverage for a minimum of 3 years after lease expiration.
vi. Indemnification and Hold Harmless. Operator shall defend, indemnify, save, protect, and hold harmless the City of Santa Monica, the Santa Monica Airport, the Santa Monica Airport Commission, and the Santa Monica City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, administrative proceedings, arbitration, or costs at any time received, incurred, or accrued by the City of Santa Monica, the Santa Monica Airport, the Santa Monica Airport Commission, and the Santa Monica City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers as a result of, or arising out of Operator's activities, actions, or inactions. In the event a party indemnified hereunder is in part responsible for the loss, the indemnitor shall not be relieved of the obligation to indemnify; however, in such a case, liability shall be shared in accordance with California principles of comparative fault.

Operator shall accept total responsibility, defend, indemnify, save, protect, and hold harmless the City of Santa Monica, the Santa Monica Airport, the Santa Monica Airport Commission, and the Santa Monica City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers in the event of an environmental contaminating accident or incident caused by Operator, its employees, its vendors or any other personnel used by the Operator to maintain Operator's improvements, vehicles, equipment, or aircraft.

Nothing herein shall constitute a waiver of any protection available to the City and the City Council, individually and collectively, and its representatives, officers, officials, employees, agents and volunteers under the State of California’s governmental immunity act or any similar doctrine or statutory provision.

D. All insurance shall be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

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E. Operator shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before the lease commences.

However, failure to obtain required documents prior to the work beginning shall not waive the Operator’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

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Attachment: Santa Monica Minimum Standards for Commercial Aviation Services at SMO Adopted 8-14-2018 (1) (5480 : Award RFP for Airport APPENDIX B-1
MINIMUM INSURANCE REQUIREMENTS MATRIX¹
InsuranceRequirements FBO Aircraft
Charter/Air Taxi Flight Training Aircraft Repair &Maintenance Aircraft
Management
Services
Self Service
Fuel Pump
Self Service
Fuel Permit
Air
Transportation
Arrangers
Aircraft Sales Notes
Airport Liability Insurance (per
occurrence) $5 million N/A N/A N/A N/A N/A N/A N/A N/A Coverage shall include products & completed operations, bodily injury, personal injury and property damage including non‐owned aircraft liability. • Additional Insured Endorsement Yes N/A N/A N/A N/A N/A N/A N/A N/A Commercial General Liability (per
occurrence) N/A $2 million $2 million $2 million $2 million $2 million $2 million $1 million $2 million Coverage shall include bodily injury, personal injury, property damage, and products & completed operations. • Additional Insured Endorsement N/A Yes Yes Yes Yes Yes Yes Yes Yes Auto Liability (per accident) $2 million $1 million $1 million $1 million $1 million $1 million $1 million $1 million $1 million Coverage shall include bodily injury & property damage for all vehicles (owned, non‐owned, or hired vehicles).

Hangar Keepers Liability (largest
aircraft accommodated) ²
•Piston Aircraft (each aircraft,
per occurrence)
$250,000 /
$500,000
$250,000 /
$500,000
$250,000 /
$500,000 $250,000 / $500,000 $250,000 / $500,000 N/A N/A N/A $250,000 /$500,000 Coverage shall include property damage for all non‐owned aircraft under the care, custody & control of the Operator. ² •Turboprop Aircraft(each
aircraft, per occurrence)
$1 million / $2
million
$1 million / $2
million
$1 million / $2
million
$1 million / $2
million
$1 million / $2
million N/A N/A N/A $1 million / $2million Coverage shall include property damage for all non‐owned aircraft under the care, custody & control of the Operator. ² •Turbine Aircraft (each aircraft,
per occurrence)
$2.5 million / $5
million
$2.5 million / $5
million
$2.5 million / $5
million
$2.5 million / $5
million
$2.5 million / $5
million N/A N/A N/A $2.5 million /$5 million Coverage shall include property damage for all non‐owned aircraft under the care, custody & control of the Operator. ² Aircraft Liability (each aircraft, per
occurrence)
• Piston Aircraft N/A $1 million $1 million N/A $1 million N/A N/A N/A $1 million Coverage shall include bodily injury and property damage for owned, leased, or operated aircraft. • Turboprop Aircraft N/A $5 million N/A N/A $5 million N/A N/A N/A $5 million Coverage shall include bodily injury and property damage for owned, leased, or operated aircraft. • Turbine Aircraft N/A $10 million N/A N/A $10 million N/A N/A N/A $10 million Coverage shall include bodily injury and property damage for owned, leased, or operated aircraft. • Additional Insured Endorsement N/A Yes Yes N/A Yes N/A N/A N/A Yes Non‐Owned Aircraft Liability (each
aircraft, per occurrence) ᶾ
• Piston Aircraft N/A $1 million $1 million N/A $1 million N/A N/A $1 million $1 million Coverage shall include bodily injury and property damage for non‐owned aircraft.ᶾ • Turboprop Aircraft N/A $5 million N/A N/A $5 million N/A N/A $5 million $5 million Coverage shall include bodily injury and property damage for non‐owned aircraft.ᶾ • Turbine Aircraft N/A $10 million N/A N/A $10 million N/A N/A $10 million $10 million Coverage shall include bodily injury and property damage for non‐owned aircraft.ᶾ • Additional Insured Endorsement N/A Yes Yes N/A Yes N/A N/A Yes Yes Pollution Liability Insurance (per
occurrence) $2 million N/A N/A N/A N/A $2 million $21 million N/A N/A Property Insurance (Personal
Property/Improvements)
Replacement
Cost
Replacement
Cost
Replacement
Cost Replacement Cost Replacement Cost ReplacementCost
Replacement
Cost
Replacement
Cost
Replacement
Cost
•Business Interruption
Endorsement 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year 1 Year Workers' Compensation As Required By
Law
As Required By
Law
As Required By
Law As Required By Law As Required By Law As Required ByLaw As Required By
Law
As Required By
Law
As Required By
Law
• Waiver of Subrogation Yes Yes Yes Yes Yes Yes Yes Yes Yes ¹ The requirements/limits contained in this document will be evaluated annually and modified as appropriate to reflect changes in insurance industry standards (i.e., limits and coverage) and/or to address new or changing risks. ² Hanger Keepers Liability is not required if all aircraft are owned by the operator; lease-back aircraft are considered owned aircraft. ᶾ Non-owned Aircraft Liability is not required for aircraft sales if operator is selling only its owned aircraft – or – for Aircraft Charter/Air Taxi or Flight Training if operators are operating only their owned aircraft.

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CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

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Report
City Council Meeting: April 25, 2023
Agenda Item: 5.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Authorization of Purchase Orders with National Auto Fleet Group and Los Angeles Truck Centers for Vehicle Replacement Purchases for Various Divisions
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.

Summary
Various City of Santa Monica departments and divisions provide essential services that maintain clean and safe neighborhoods and open spaces for Santa Monica’s residents, visitors, and City staff. These operations rely on vehicles and equipment managed and maintained by the City’s Fleet Management Division. Many of these vehicles are aging past their cost-effective useful lives. To ensure reliable operations, provide uninterrupted service to the community, and reduce downtime and

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maintenance costs, staff recommends purchasing fifty-seven vehicles and equipment based on competitive contract pricing available to government agencies.

Discussion
The Fleet Management Division is responsible for ensuring the City’s diverse fleet of over 700 vehicles are available, dependable, meet the highest environmental standards for a sustainable fleet, and are safe to operate from acquisition through disposal. The division routinely replaces vehicles that have reached the end of their cost-effective useful lives through the Vehicle Replacement Fund.

In response to the budgetary impacts of the COVID-19 pandemic, contributions to the Vehicle Replacement Fund were suspended for the General and Beach Funds, and vehicle replacements were temporarily suspended unless they were necessary for public safety or for the operation of essential City services. The Fleet Management Division has worked together with various City divisions to extend the useful lives of their vehicles as much as possible.

Fifty-seven vehicles have been identified for replacement. These vehicles are vital to essential operations but have reached or exceeded their cost-effective useful life, incurring maintenance costs of approximately 50% of the original purchase cost over the last two years. Due to their age and use, these vehicles require significant ongoing maintenance and repair costs to remain reliable, safe, and operational.

Staff is recommending the purchase of fifty-seven vehicles and equipment for a total amount not to exceed $11,019,070, of which $2,428,023 is from the General Fund, including a 10% or 30% contingency as itemized in Table 1. A detailed list of each vehicle is included to provide additional context. (Attachment A). Funding for the replacement of these vehicles is available and was collected over each asset’s useful life.

Due to high demand and limited vehicle availability, the Ford vehicles may not be readily available to the City. This may create a significant escalation in vehicle cost

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and, as a result, the purchase order for the Ford vehicles would include a higher contingency amount. However, purchasing in higher numbers would put the City in a more competitive position when the manufacturer begins to accept orders for the year and would ensure the timeline for replacement is not extended any further past the cost-effective useful life of the vehicles. Given the long lead times for these vehicles, and an average delivery time of up to two years, it is essential to be proactive and start the process for replacement. These essential vehicles are key to public safety, maintaining our open spaces, and supporting the City Council’s priority of a Clean and Safe Santa Monica.

Table 1. Vehicle Replacement Program: Vehicle and Equipment Purchases Fund Dept. Vendor Description Qty. Extended Price*
RRR Public Works LA Truck Centers Side Loader 12 $6,008,972 RRR Public Works LA Truck Centers Front Loader 3 $1,399,310 RRR Public Works LA Truck Centers Rear Loader 1 $429,710 RRR Fund Total 16 $7,837,992
Wastewater Public Works National Auto Fleet Group Ford Mach-E 2 $147,038 Wastewater Public Works National Auto Fleet Group Ford F-250 1 $84,658 Wastewater Fund Total 3 $231,695
Water Public Works National Auto Fleet Group Ford F-250 3 $521,360 Water Fund Total 3 $521,360
General Police National Auto Fleet Group Ford PIU 28 $1,857,814 General Library National Auto Fleet Group Ford E-350 1 $90,148 General Library National Auto Fleet Group Ford Escape 1 $60,900 General Finance National Auto Fleet Group Ford E-250 2 $174,664 General Police National Auto Fleet Group Ford Explorer 1 $76,995 General Public Works National Auto Fleet Group Ford F-250 2 $167,501 General Fund Total 35 $2,428,023
Total 57 $11,019,070
*Extended price includes contingency

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Public Works Department
Resource Recovery and Recycling (RRR)
The RRR Division relies on these vehicles to carry out day-to-day operations that directly support the City’s priority of a Clean and Safe Santa Monica, including:
• Collection of recycling, organics, and waste materials; • Distribution and replacement of two-, three-, and four-yard collection bins; • Street sweeping along the City’s ~253 curb lane miles; and • Responding to requests for bulky and abandoned item pickup.

Water Resources Division
The City’s Water Resources Division operates and maintains three water treatment facilities and four water storage reservoirs as well as over 200 miles of water distribution mains, 150 miles of sewers, and 60 miles of storm drains throughout the City. Various service trucks and construction vehicles are used by Water Resources staff to operate and maintain this water and wastewater infrastructure.

These vehicles are also used to carry out day-to-day operations to provide water and wastewater services to the community, which include the following:
• Responding to emergencies, such as water main breaks, service line leaks, and wastewater overflows;
• Excavation and installation of water services for new and existing construction; • Transportation of personnel, equipment, and construction material to construction sites to service water and wastewater infrastructure; • Responding to customer service requests, such as investigating water leaks on property; and
• Maintaining storm drains and catch basins.

These vehicles are used year-round and are on standby 24 hours per day to respond to water, wastewater, and stormwater emergencies.

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Public Landscape
The Public Landscape Division maintains the City’s parks urban forest, and oceanfront.

Park Maintenance staff provide landscaping and irrigation in 28 parks and nearly 300 medians and open spaces. The oceanfront team preserves the 245-acre Santa Monica State Beach, including 3.5 miles of bike path, and the historic Santa Monica Pier. This division relies heavily on their vehicles to provide:
• Daily clean-up of Ocean Front Walk, including pick up of large and bulky items; • Responding to 311 requests;
• Pressure wash service to 3.5 miles of beach area including, Ocean Front Walk, parking lots, restrooms, and the bike path; and
• Maintain trees and parks on public streets and citywide.

Police Department
The Police Department uses their vehicles for emergency response, patrol, pursuit, and traffic enforcement. These police vehicles consist of patrol and pursuit units with a useful life of four years. The vehicles in the Police Department are used for a variety of purposes and assignments including emergency response, routine patrol, and specialized details and assignments.

Santa Monica Public Library
The Santa Monica Public Library’s Administration and Business Services Division uses their vehicles to provide program support and to transport supplies, materials, and books between their five locations. These vehicles are also used to conduct security patrols at Library facilities.

Finance Department
The Finance Department’s Treasury Division is responsible for collecting revenue from parking meters throughout the City. These vehicles provide support to the division to

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carry out day-to-day operations and collect coins from over six thousand street parking meters throughout the City.

Vendor Selection
Exception to Competitive Bidding
Staff recommends: 1) National Auto Fleet Group, a distributer of Ford trucks, vehicle upfitting, chassis upfitting equipment, to furnish and deliver forty-one vehicles and; 2) Los Angeles Truck Centers, a distributer of Crane Carrier equipment, to furnish and deliver sixteen front, side, and rear loaders as an exception to competitive bidding under Santa Monica Municipal Code Section 2.24.250 (c): “Competitive procedures were followed by a governmental agency, federal, state, county, city, joint powers agency, special district, or cooperative purchasing agency and the goods or services are supplied to the City at the same or better price.”
On September 15, 2021, Sourcewell issued an RFP for Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles. Under the terms of the RFP, and the resulting Sourcewell Agreement with National Auto Fleet Group, similar nationally leveraged purchasing discounts are also available to other government agencies. Sourcewell Agreement #091521-NAF was established on November 4, 2021, expires November 8, 2025, and has one one-year renewal option.

On June 9, 2020, Sourcewell issued an RFP for Class 4-8 Chassis with Related Equipment, Accessories, and Services. Under the terms of the RFP, and the resulting Sourcewell Agreement with Los Angeles Truck Center, a distributor of Crane Carrier equipment , similar nationally leveraged purchasing discounts are also available to other government agencies. The chassis is offered at an additional 20% reduced rate through preferred customer discount pricing. Sourcewell Agreement #060920-CRN was established on August 7, 2020, expires August 1, 2024, and has one one-year renewal option.

Sourcewell is a cooperative purchasing agency that serves government, education,

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and nonprofit organizations. As a cooperative purchasing agency, they acquire goods or services by aggregating the demand of two or more entities in an effort to obtain more economical pricing.

Environmental Assessment
The purchase orders for replacement vehicles are categorically exempt from CEQA pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines.

Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The replacement vehicles would replace existing City fleet vehicles, with essentially the same purpose and capacity.

Therefore, the purchase orders qualify for a Class 2 exemption.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Replacement Fund to award a purchase order with Los Angeles Truck Centers for the purchase and delivery of sixteen rear, side, and front loader trucks in the amount of $7,837,992; and a purchase order with National Auto Fleet Group for the purchase and delivery of forty-one Ford vehicles in the amount of $3,181,078.

Purchase Order Requests
Vendors CIP Account # Total Contract Amount
Los Angeles Truck Centers C7000010.689000 $7,837,992
National Auto Fleet Group C7000010.689000 $3,181,078
Total $11,019,070

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Prepared By: Doris Mejia, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Attachment A Vehicles Staff Report 4.2023
B. NAFG Oaks
C. LA Truck Center - Velocity Oaks

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REPLACING
UNITS

DEPT FUND VENDOR DESCRIPTION QTY UNIT COST CONTINGENCY

UNIT COST

W/CONT EXTENDED PRICE
Justification for replacement:
- Age (50% past useful life or 2 years
over its useful life)
- Maint Cost (repair costs are over 50%
more than replacement value of new
vehicle)
20105 PW – RRR RRR LA Truck Centers Rear Loader 1 $ 390,645.87 10% $ 429,710.46 $ 429,710 Age & Maint Cost 20368 Age & Maint Cost
20406 Age & Maint Cost
20407 Age & Maint Cost
20408 Age & Maint Cost
20409 Age & Maint Cost
20410 Age & Maint Cost
20411 Age & Maint Cost
20412 Age & Maint Cost
20559 Age & Maint Cost
20560 Age & Maint Cost
20561 Age & Maint Cost
20582 Age & Maint Cost
20456 Age & Maint Cost
20457 Age & Maint Cost
20568 Age & Maint Cost
Fund Total 16 $ 7,837,992
15819 PW - Water Wastewater NAFG Ford F-250 1 $ 65,121.33 30% $ 84,657.73 $ 84,658 Age, Maint Cost 15716 Age, Maint Cost, Upgrading Fuel Sys.
20195 Age
Fund Total 3 $ 231,695
15816 Age, Maint Cost
16094 Age, Maint Cost
15815 PW - Water Water NAFG Ford F-250 1 $ 130,066.26 30% $ 169,086.14 $ 169,086 Age, Maint Cost Fund Total 3 $ 521,360
15501 Ford E-250 Age, Maint Cost
15578 Age, Maint Cost
16083 Library Department General NAFG Ford E-350 1 $ 69,344.98 30% $ 90,148.47 $ 90,148 Age & Maint Cost 16200 Library Department General NAFG Ford Escape 1 $ 46,846.35 30% $ 60,900.26 $ 60,900 Age & Maint Cost 20180 Police Department General NAFG Ford Explorer 1 $ 59,226.56 30% $ 76,994.53 $ 76,995 Age 20603 Age
20605 Age
20606 Age
20607 Age
20608 Age
20609 Age
20617 Age
20618 Age
20619 Age
20620 Age
20621 Age
20622 Age
20623 Age
20630 Age
20632 Age
20656 Age
20686 Age
20687 Age
20688 Age
20692 Age
20710 Age
20724 Age
20725 Age
20730 Age
20731 Age
20157 Police Department General NAFG Ford PIU 1 $ 51,239.04 30% $ 66,610.75 $ 66,611 Age 20610 Age
20668 Age
20218 Age, Maint Cost
20219 Age, Maint Cost
Fund Total 35 $ 2,428,023
Total 57 $ 11,019,070
General Fund C7000010.689000.90532
30% $ 83,750.71 $ 167,501
ATTACHMENT A. COMPREHENSIVE VEHICLE AND EQUIPMENT LIST
RRR Fund C7000010.689000.90535
Wastewater Fund C7000010.689000.90537
Water Fund C7000010.689000.90534
PW - Public Landscape General NAFG Ford F-250 2 $ 64,423.62 $ 1,665,269
Police Department General NAFG Ford PIU 2 $ 48,436.50 30% $ 62,967.45 $ 125,935 $ 87,332.13 $ 174,664.26
Police Department General NAFG Ford PIU 25 $ 51,239.04 30% $ 66,610.75 Finance Department General NAFG 2 $ 67,178.56 30%
$ 147,038
PW - Water Water NAFG Ford F-250 2 $ 135,489.82 30% $ 176,136.77 $ 352,274 $ 466,436.81 $ 1,399,310
PW - Water Wastewater NAFG Ford Mach-E 2 $ 56,552.94 30% $ 73,518.82 10% $ 500,747.61 $ 6,008,971
PW – RRR RRR LA Truck Centers Front Loader 3 $ 424,033.46 10% PW – RRR RRR LA Truck Centers Side Loader 12 $ 455,225.10

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Attachment: Attachment A Vehicles Staff Report 4.2023 [Revision 10] (5519 : Replacement Vehicles for Various Departments)

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Attachment: NAFG Oaks (5519 : Replacement Vehicles for Various Departments)

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Attachment: NAFG Oaks (5519 : Replacement Vehicles for Various Departments)

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Attachment: LA Truck Center - Velocity Oaks (5519 : Replacement Vehicles for Various Departments) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Authorization of Purchase Orders with Sully Miller Contracting Company and Vulcan Construction Materials for Asphalt Paving Materials Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City of Santa Monica utilizes asphalt materials to repave streets, repair potholes, and maintain streets, alleyways, and sidewalks. In January 2023, the City solicited bids for the purchase of asphalt paving materials. After reviewing the bids received, staff recommends Sully Miller Contracting Company as the primary vendor for the purchase of asphalt paving materials for a total amount not to exceed

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$1,000,000 over a five-year period. Vulcan Construction Materials would serve as a secondary vendor to supply and deliver asphalt paving mixes (should Sully Miller’s supply be interrupted by equipment, material, or labor shortages) in an amount not to exceed $250,000 over a five-year period.

Discussion
The City utilizes asphalt to maintain and repair streets and alleys, and for use in capital improvement projects such as alley repaving. Asphalt is also used in temporary sidewalk repairs. In fiscal year 2021-22, Public Works Street Maintenance crews used approximately 1,700 tons of asphalt to apply 5,086 street and sidewalk patches, repair 1,408 potholes, and repave two (2) City alleys.

These in-house repairs accounted for 97,176 square feet of asphalt maintenance.

Supply Chain disruptions caused by the COVID-19 pandemic has caused increases to asphalt material and associated labor costs. The 2022 Russian invasion of Ukraine also caused fluctuations in crude oil prices, which impact the cost of asphalt materials. Both factors have caused asphalt cost increases of approximately 26% over the past three years.

Over the past three years, numerous plant closures have required staff to travel further to alternative asphalt plants to pick up asphalt materials. In anticipation of future supply interruptions, staff recommends a secondary vendor for asphalt material procurement. Awarding to both a primary and a secondary vendor would save the City travel and fuel costs, contribute to faster street repair turnaround times, result in less wear and tear on vehicles, and allow staff to return to the City faster for the completion of numerous street maintenance repairs. If the primary vendor successfully performs, there will be no utilization of the secondary vendor.

Both purchase orders have cost escalations built into the five-year purchase period.

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Vendor Selection
Bidder Recommendation
Best Bidder Sully Miller Contracting Company
Evaluation Criteria Price, previous experience, the quality of the material offered; the ability, capacity, and skill of the bidder to provide the materials; the capacity of the bidder to provide the materials promptly, within the time specified, and without delay or interference; and compliance with the City specifications.

Municipal Code SMMC 2.24.180
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
01/12/2023 City's Online
Bidding Site
Santa Monica Daily
Press 13 02/10/2023
Best Bidder Justification
Sully Miller Contracting is the City’s current asphalt material supplier and has proven its ability to provide a quality product at competitive prices. The asphalt plant, which is located in the City of Inglewood, is within close proximity to the City compared to other asphalt plants in Los Angeles County. The majority of asphalt loads are picked up directly from the plant by City’s Street Maintenance staff, making travel distance a strong consideration in the selection process. It is for these reasons that Sully Miller is recommended as the best and lowest bidder.

Vulcan Construction Materials has also supplied the City with quality asphalt materials.

Vulcan Construction Materials’ pricing was three to nine percent higher for asphalt pricing compared to Sully Miller; however, other non-asphalt materials were priced substantially higher. Vulcan’s asphalt plant, which is located in the City of Los Angeles, is within close proximity to the City. Vulcan Construction Materials is a reputable, nationwide asphalt material supplier for cities and counties including City of Los Angeles, City of San Diego, and Los Angeles County. It is for these reasons that Vulcan Construction Materials is recommended as the secondary vendor.

Submittals Received
Sully Miller Contracting
Company
$234,910 Vulcan Construction Materials,
LLC
$581,020

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Environmental Review
The awards for asphalt material purchases are categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award for asphalt paving materials purchase order would not result in any modifications to existing City facilities including streets, alleyways, and sidewalks. The existing facilities would be maintained and repaired with replacement materials and the award of the purchase order would not expand or materially change existing facilities or operations. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a purchase order to Sully Miller Contracting Company as the primary vendor to provide asphalt materials and a purchase order to Vulcan Construction Materials as secondary vendor in the event Sully Miller is unable to fulfill the order. Funds will be included in the FY 2023-25 Proposed Biennial Budget. Future year funding is contingent on Council budget approval.

Sully Miller Purchase Order Request (Primary Vendor)
FY 2023-24
Request Amount Future Years Department Account # Total Contract Amount $200,000 $800,000 01500033.529260 $1,000,000
Vulcan Construction Materials Purchase Order Request (Secondary Vendor) FY 2023-24
Request Amount Future Years Department Account # Total Contract Amount $50,000 $200,000 01500033.529260 $250,000

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Prepared By: Steven Hull, Principal Administrative Analyst Approved Forwarded to Council
Attachments:

A. Sully MIller Oaks Initiative Disclosure Form
B. Vulcan Oaks Initiative Disclosure Form

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Attachment: Sully MIller Oaks Initiative Disclosure Form (5537 : Award Bid #2685-3 for Asphalt

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Attachment: Vulcan Oaks Initiative Disclosure Form (5537 : Award Bid #2685-3 for Asphalt Paving Materials)

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Attachment: Vulcan Oaks Initiative Disclosure Form (5537 : Award Bid #2685-3 for Asphalt Paving Materials)

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Attachment: Vulcan Oaks Initiative Disclosure Form (5537 : Award Bid #2685-3 for Asphalt Paving Materials) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.D
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Airport Subject: Approval of Airport Lease with Ruskin Group Theatre Company Recommended Action
Staff recommends that Council:

2. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

Summary
Ruskin Group Theatre Company (Ruskin) proposes to lease 5,525 square feet of building and portable unit space (“Premises”) for live theater and educational uses at 2800 Airport Avenue, located at the Santa Monica Airport. The 2800 Airport Avenue property has been vacant since April 1, 2023, to allow for extensive building renovations that are expected to be completed in January 2024. The proposed lease with Ruskin would include an initial term of 10.5 years and one renewal option for five years. The initial term includes six months of tenant’s additional construction work.

The term of this lease would extend beyond December 31, 2028, and is thus outside the parameters set forth in the current Airport Leasing and Licensing Policy (Attachment A) and as such requires City Council approval.  Securing a tenant for the vacant space at 2800 Airport Avenue helps ensure the Airport Fund’s financial self-sufficiency and aligns with the City’s priorities of economic recovery and expanding community and cultural

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offerings. The recommended lease with Ruskin will generate an estimated $1,671,653 over the initial 10.5-year term.

Discussion
Ruskin has operated as a 49-seat performance theater and theater arts education venue at 3000 Airport Avenue since 2002. Ruskin seeks to relocate its operations to 2800 Airport Avenue to expand its operations and ensure the stability of its arts and educational offerings to the community. 2800 Airport Avenue was previously leased to Santa Monica College. However, that lease ended on March 31, 2023.

The City proposes a new lease with Ruskin for 5,525 square feet representing a portion of 2800 Airport Avenue main building and five portable units. The new lease represents a 50% increase in area for Ruskin compared to their previous location. The City and Ruskin would finalize negotiations and execute a lease agreement based on the following proposed terms and conditions.
• The proposed lease is a 10.5-year term that includes a 4% annual escalation provision.
• A security deposit equal to one months’ rent would be due at the execution of the lease agreement.
• The proposed monthly rent of $12,107 reflects fair market value.

The 10.5-year term of the proposed lease is estimated to begin on or about July 1, 2023, and expire on December 31, 2033, with an option to renew for an additional five years. If exercised, the renewal term would expire on or about December 31, 2038, and would be set at the market rate at the beginning of the option period.

The 2800 Airport Avenue property consists of a main building, 12 portable units varying in size and a building with kilns that will continue to be used by Santa Monica College under a lease that is currently being negotiated with the College. Ruskin proposes to lease a portion of the main building and five of the portable units. The main building and

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the portable units are currently vacant to allow for the City to complete substantial and necessary facility improvements. The funds to cover the costs of these improvements are included in the current CIP budget. Staff anticipates this work to be completed by January 2024, at which point Ruskin would undertake additional construction for an additional six months. Ruskin’s construction is anticipated to conclude by July 1, 2024.

Ruskin will receive a six-month tenant improvement credit for their improvements to the space subject to their completion of the work.

Ruskin proposes to invest approximately $500,000 to improve the City’s building. The proposed improvements include a live theater for performances, rehearsals, and acting classes. Ruskin will be responsible for all costs associated with the design, engineering, and construction of the capital improvements which include but are not limited to all interior buildouts, electrical, mechanical (HVAC), furniture, fixtures, accessories, and finishes. Any improvements undertaken by Ruskin would revert to the City at the conclusion of the lease term.

The proposed lease would be Triple Net wherein the tenant is required to pay all property taxes and assessments (including possessory interest tax), insurances and utilities. Additionally, Ruskin would be responsible for all services, repairs, replacements, maintenance, improvements, or items related to compliance associated with the premises. Ruskin would be required to comply with all City building code regulations, planning standards, and any applicable FAA regulation, as a condition of the lease.

Ruskin will employ approximately four workers on-site. Therefore, Ruskin will not be subject to the Transportation Demand Management (TDM) requirements of the City to address any transportation and/or parking management issues.

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Past Council Actions
Meeting Date Description
08/2018 (attachment A) Santa Monica Airport Leasing and Licensing Policy Environmental Review
The lease is categorically exempt from CEQA pursuant to Section 15301 of CEQA.

Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use”. The lease would allow reoccupation of existing airport space and would not result in the expansion of the airport such that a physical impact would occur. Therefore, the lease is categorically exempt pursuant to Section 15301 of CEQA.

Financial Impacts and Budget Actions
The recommended lease with Ruskin would generate an estimated $1,671,653 over the initial 10.5-year term. Revenues generated by the proposed lease would be included in future fiscal year budgets.

There is no immediate financial impact or budget action necessary for the current fiscal year as a result of recommended action. Staff will include revenue budget actions in the Proposed FY 2023-25 Budget.

Prepared By: Kate Schlesinger, Senior Administrative Analyst Approved Forwarded to Council

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Attachments:

A. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)
B. 20230310 Ruskin Oaks Form

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1 SANTA MONICA CITY COUNCIL AIRPORT LEASING AND LICENSING POLICY Purpose. The purpose of this Airport Leasing and Licensing policy is to establish and declare City policy on matters related to airport leasing. This Leasing Policy shall be used by the City Manager to analyze leasing and licensing issues, to present leasing and licensing recommendations to the City Council, and to render leasing and licensing decisions under the authority granted by the City Council.

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Packet Pg. 104 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre) 2 SECTION A: USES

2. Conditionally permitted uses: Parking and automobile storage lots and structures. Restaurants with over 500 square feet of floor area.

Theaters. New public or private schools or educationalinstitutions.

SECTION B: TERMS AND CONDITIONS

1. Term for Hangars. All hangars shall be leased on a month‐to‐month basis.

2. Term for Tie‐Downs. All tie‐downs shall be leased on a month‐ to‐ month basis.

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Packet Pg. 105 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre) 3 expiration date of the lease does not extend beyond December 31, 2028.

4. Term for Non‐Aviation Tenants. Lease terms may be month‐to‐month or longer. However, no lease shall have a term that goes beyond December 31, 2028.

6. Rates. All new and renewed leases will be leased at prevailing market rates and rates will be adjusted to stay current with market conditions and as new/renewed leases arise.

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Packet Pg. 106 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre) 4 9. Whole Building Leases. Whole building leases may, at the City’s discretion, be subject to public Requests for Proposals intended to optimize leasehold occupancy and the self‐sustainability of the airport.

Tenants under a whole building lease shall be responsible for maintenance and repair of said buildings.

11. Lease and License Areas. Operation and improvements to lease and license areas are subject to the City’s standard regulatory rules, review and approval process.

12. Triple Net Leases. The City may require tenants to pay all property taxes and assessments (including Possessory Interest Tax), insurance, and utilities.

14. Master Tenants. Master tenant agreements are to be phased out in an orderly transition.

15. Sub‐Leasing. New sub‐leasing shall be prohibited. Existing sub‐ tenancies shall be subject to an orderly phase‐out at the sole discretion of the City.

16. Insurance. Airport lease agreements shall minimize the City’s financial and economic risk, by incorporating reasonable indemnification and insurance provisions.

17. Daily and Transient Users. Daily and transient uses shall be permitted.

SECTION C: PERFORMANCE STANDARDS

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Packet Pg. 107 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre) 5 1. Compatible and Harmonious. All lessees shall use the airport and any airport property in a manner that is compatible with City policies and with the adjacent residential uses; to encourage activities that complement adjacent residential and commercial uses; to establish practices that are sensitive to the environment and protect the City from future environmental exposure; and for aeronautical service providers, comply with the MinimumStandards.

SECTION D: MAINTENANCE AND TENANT IMPROVEMENTS

1. All leaseholders shall be responsible for maintaining their facilities in attractive and safe condition, in compliance with applicable building and

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Packet Pg. 108 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre) 6 life safety codes and all applicable environmental laws, ordinances, regulations and other city standards.

4. Tenants shall respond to the City’s written inquiries regarding any complaints or issues. Tenant will provide an action plan for improvement if so requested by the City.

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Packet Pg. 109 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre) 7 to the City Manager for approval. Leases for terms greater than terms specified in these guidelines require City Council approval.

SECTION E: LEASE APPROVALS AND DELEGATION OF AUTHORITY

2. The City may cooperate with commercial real estate brokers who are authorized to negotiate leases on behalf of prospective tenants.

SECTION F: GENERAL PROVISIONS
This Leasing Policy may be altered by the City at any time, in its sole discretion, and shall not create any right or reliance interest for any person.

Updated August 2018

5.D.a
Packet Pg. 110 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5602 : Airport Lease Ruskin Group Theatre)

5.D.b
Packet Pg. 111 Attachment: 20230310 Ruskin Oaks Form (5602 : Airport Lease Ruskin Group Theatre)

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Packet Pg. 112 Attachment: 20230310 Ruskin Oaks Form (5602 : Airport Lease Ruskin Group Theatre) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.E
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Authorization to enter into Cost-Sharing Agreements with the City of Los Angeles for Santa Monica Bay and Ballona Creek
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines

Summary
The City is obligated to comply with the National Pollutant Discharge Elimination System’s (NPDES) permit requirements to reduce pollution from runoff into the Santa Monica Bay and Ballona Creek. NPDES requirements include Coordinated Integrated Monitoring Plans (CIMPs) to collect water quality data and demonstrate compliance with water quality objectives specified in the permit. The City drains into the Santa Monica Bay and Ballona Creek watersheds and is required to participate in a CIMP for each watershed. The most cost-effective way to do this is to share the costs associated with implementing the CIMPs with partner agencies that drain into the same watersheds.

The City of Los Angeles is the lead agency for the Santa Monica Bay Jurisdictional Groups 2 & 3 (SMB) and Ballona Creek (BC) watersheds and leads the development and implementation of the CIMPs. The City’s costs for the three-year monitoring period

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(Fiscal Year 2023-24 through Fiscal Year 2025-26) of the Santa Monica Bay and Ballona Creek Memoranda of Agreements (MOAs) would not exceed $489,427 and $10,505, respectively.

Background
The Federal Clean Water Act (CWA) requires the California Regional Water Quality Control Board, Los Angeles Region (Board), to develop water quality standards that protect beneficial uses for each water body found within its region. Beneficial uses include swimming, fishing, drinking water, navigability, and wildlife habitats and reproduction. Section 303(d) of the CWA requires states to prepare a list of water bodies that do not meet water quality standards and establish Total Maximum Daily Loads (TMDLs) for each of these water bodies. A TMDL represents a maximum amount of human-made and/or naturally occurring pollution that may be present in a receiving water body without causing a decline in water quality and beneficial uses. The Santa Monica Bay and Ballona Creek watersheds have been included on California’s Section 303(d) list since 1998 due to impairments by bacteria, trash, organic chemicals, and metals. The Board has adopted multiple TMDLs for these pollutants since 2003 to address these impairments.

The City Council approved an initial agreement, Santa Monica Bay MOA, for costsharing bacterial monitoring on July 8, 2003. The City Council approved a second agreement, the Ballona Creek MOA, for cost-sharing monitoring for bacteria, metals, and toxics on July 14, 2009. The City of Los Angeles is the lead agency, responsible for performing all required monitoring and reporting to the Board, and the City of Santa Monica, along with other agencies in the watersheds, share in the cost of the CIMPs’ implementation. The City Council approved a subsequent three-year renewal of both MOAs on February 23, 2016, for a period through 2018. The most recent MOAs were executed on May 8, 2018, and cover a period from 2018 through 2023.

Past Council Actions
Meeting Date Description

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05/08/2018
(Attachment B)
Authorization to execute MOAs for FY 18/19 - FY 22/23
Discussion
On August 9, 2021, the Board approved a new NDPES permit with expanded monitoring and reporting requirements. The expanded requirements and the expiration of the current MOAs in 2023 require the City to enter into new MOAs with the City of Los Angeles. Under the terms of the new MOAs, the City of Los Angeles would continue to be responsible for all water quality monitoring and reporting activities to the Board.

The City of Los Angeles would provide the monitoring services, permit compliance, reporting, and contract administration as listed in more detail in Attachment A.

The three-year CIMP budgets for the MOAs are listed below by fiscal year for each watershed (Table 1). All costs would be paid by the Clean Beaches/Ocean Parcel Tax Fund.

Table 1. Annual CIMP MOA Cost by Watershed for the City of Santa Monica Fiscal Year Santa Monica Bay Cost Ballona Creek Cost
23-24 $159,575 $3,334
24-25 $133,293 $3,107
25-26 $196,559 $4,064
Totals $489,427 $10,505
The budgetary difference between the two watersheds is due to a larger ratio of the City contributing to the overall drainage area in the Santa Monica Bay watershed as compared to the Ballona Creek watershed. The breakdowns of the other agencies in the watersheds and their respective tributary areas are shown in Tables 2 and 3.

Table 2. Santa Monica Bay Watershed Agencies’ Tributary Areas Agency Acres % of Area
City of Los Angeles 18,934.64 75.02%
County of Los Angeles 130.40 0.52%

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City of Santa Monica 4,987.47 19.76%
City of El Segundo 1,185.64 4.70%
Total 25,238.14 100%
Table 3. Ballona Creek Watershed Agencies’ Tributary Areas Agency Acres % of Area
City of Los Angeles 65,247.40 83.08%
County of Los Angeles 3,114.09 3.97%
City of Beverly Hills 3,658.20 4.66%
Culver City 3,176.44 4.04%
City of Inglewood 1,904.09 2.42%
City of Santa Monica 218.57 0.28%
City of West Hollywood 1,212.79 1.54%
Total 78,531.58 100%
Environmental Review
The tasks performed under these MOAs are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15307 (Class 7) and 15308 (Class 8). Sections 15307 and 15308 exempts a class of projects consisting of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and the environment where the regulatory process involves procedures for protection of the environment.

The MOAs would enable cost sharing for monitoring and reporting activities to enhance environmental resources and prevent harm to the natural environment. Therefore, the project qualifies for the Class 7 and Class 8 exemption.

Financial Impacts and Budget Actions
Staff seeks the authority to execute two agreements (Memoranda of Agreements) with the City of Los Angeles for the Santa Monica Bay and Ballona Creek watersheds in the amounts not to exceed $489,427 and $10,505, respectively. The MOAs would result in a total cost of $499,932 over a three-year period through FY 2025-26. Funds will be

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included in the Proposed FY 2023-25 Biennial Budget in the Clean Beaches/Ocean Parcel Tax Fund. Future funding is contingent upon Council approval.

MOA Request – Santa Monica Bay
FY 2023-24
Request Amount
Future Years Budget Operational
Account #
Total Contract
Amount
$159,575 $329,852 16500003.550090 $489,427
MOA Request – Ballona Creek
FY 2023-24
Request Amount
Future Years Budget Operational
Account #
Total Contract
Amount
$3,334 $7,171 16500003.550090 $10,505
Prepared By: Curtis Castle, Principal Civil Engineer
Approved Forwarded to Council
Attachments:

A. City of Los Angeles Scope of Work
B. May 8 2018 Staff Report

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Attachment A
Cost-Sharing Agreements with the City of Los Angeles for Santa Monica Bay and Ballona Creek
City of Los Angles Scope of Work:

Monitoring Services
The City of Los Angeles would be required to comply with the monitoring requirements established in the NPDES Permit and associated documents. This includes but is not limited to implementation of the SMB and BC CIMPs, which includes the following activities:
• Receiving Water Monitoring
• Stormwater Outfall Monitoring
• Non-Stormwater Outfall Monitoring
• Data Management
• Capital, Operation, and Maintenance Activities
• Purchasing, maintaining, and replacing equipment (capital costs) necessary for monitoring activities
• Development of the monitoring sections to be included in the Annual Report (e.g. trends analysis, TMDL attainment, summary of monitoring activities) • Annual Reconciliation of the Monitoring Services under the MOA. • This work may include additional activities and requirements based upon revisions of the March 2023 CIMP revisions, any other future CIMP revision, and subsequent requirements for the Regional Board.

Watershed Management Plan (WMP)-Related Tasks
The City of Los Angeles would be required to comply with the NPDES Permit, as well as other work that is determined to advance the cities’ efforts in complying with the NPDES Permit. The SMB and BC Watershed Management Groups (WMGs) are required to complete the following activities as part their respective WMPs. This includes the tasks defined below:
• Annual Reporting (including the WMP Progress Report)
• Report of Waste Discharge (ROWD)
• Adaptive Management
• Trash Monitoring and Reporting Plan (TMRP)
• WMP Revisions
• Website Management (lastormh2o.org)

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Packet Pg. 118 Attachment: City of Los Angeles Scope of Work (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek) Contract Administration
This includes any and all tasks associated with administering this MOA, including but not limited to the following:
• Facilitate the development of agreements and subsequent amendments for the SMB and BC WMGs.
• Manage procurements, contracting, and contract administration for consultants and contractors, with the lead agency of the SMB and BC WMGs providing subjectmatter expertise and project management support. This could include establishing and managing a bench of technical consultants that could be utilized by any Party. • Distribute invoices and collect payment from Parties. • Manage the MOA budget in coordination with the lead agency of the SMB and BC WMGs.
• Facilitate the preparation of SMB and BC WMGs administrative procedures by SMB and BC WMGs and ensure compliance with these procedures. • Annual Reconciliation of WMP-related tasks under the MOA.

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Packet Pg. 119 Attachment: City of Los Angeles Scope of Work (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek) City Council
Report
City Council Meeting: May 8, 2018
Agenda Item: 3.B
1 of 5
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Office of Sustainability & the Environment
Subject: Cost-Sharing Memorandum of Agreements with the City of Los Angeles for Two Coordinated Integrated Monitoring Plans for Santa Monica Bay and Ballona Creek
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute two Memorandum of Agreements (MOA) with the City of Los Angeles to implement cost-sharing Coordinated Integrated Monitoring Plans (CIMPs) to comply with the Los Angeles Regional Water Quality Control Board's National Pollution Discharge Elimination Systems (NPDES) permit requirements. One MOA is for the Santa Monica Bay and one MOA is for Ballona Creek.

Executive Summary
The City is obligated to comply with the National Pollutant Discharge Elimination Systems (NPDES) permit requirements to reduce pollution from runoff into the Santa Monica Bay and Ballona Creek. NPDES requirements include coordinated integrated monitoring plans to collect data and demonstrate compliance with water quality objectives specified in the permit. As a jurisdiction that drains into the Santa Monica Bay and Ballona Creek watersheds, the City is obligated to share the costs associated with implementing the coordinated integrated monitoring plans. The costs for the fiveyear monitoring period (FY 18/19 through FY 22/23) of the Santa Monica Bay and Ballona Creek MOAs would not exceed $572,027 and $16,946, respectively.

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Packet Pg. 120 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek) 2 of 5
reproduction. Section 303(d) of the CWA requires states to prepare a list of water bodies that do not meet water quality standards and establish Total Maximum Daily Loads (TMDLs) for each of these water bodies. A TMDL represents an amount of pollution that can be released by human activity and natural sources into a specific water body without causing a decline in water quality and beneficial uses.

The Santa Monica Bay and Ballona Creek watersheds have been included on California’s Section 303(d) list since 1998 due to impairments by bacteria, trash, organic chemicals and metals. The Board has adopted multiple TMDLs for these pollutants since 2003 in order to address these impairments.

The City Council approved an initial Santa Monica Bay MOA for cost-sharing bacterial monitoring on July 8, 2003. The City Council approved the Ballona Creek MOAs for cost-sharing monitoring for bacteria, metals and toxics on July 14, 2009.

In accordance with these TMDLs, the City of Los Angeles submitted a Coordinated Integrated Monitoring Plan (CIMP) for compliance with the TMDLs on behalf of the agencies within these watersheds. The City of Los Angeles is responsible for performing all required monitoring and reporting to the Board. The City of Los Angeles invoices the City of Santa Monica annually for its share of monitoring costs for Santa Monica Bay and Ballona Creek. The City Council approved the most recent three-year renewal of both MOAs on February 23, 2016, which end on June 30, 2018 (Attachment A).

Discussion
On November 28, 2012, the Board approved a new NDPES permit with more extensive monitoring requirements. The expanded CIMPs require the City to enter into new MOAs with the City of Los Angeles to reflect the additional monitoring protocols and requirements. Under the terms of the MOAs, the City of Los Angeles would continue to be responsible for all monitoring and reporting activities to the Board.

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The new MOAs include additional costs associated with tasks that the City of Los Angeles performed at its own expense, in previous years, on behalf of other cities to meet the NPDES permit requirements. However, these costs have increased and the City of Los Angeles is proposing to include these additional costs in the updated MOAs.

Costs reflect the following responsibilities:
 Annual Reporting: As the principal reporting agency, the City of Los Angeles performs a number of tasks related to the annual report, such as water quality monitoring, annual rainfall tracking, and hydrology reporting.  Report of Waste Discharge: Prepare application reporting on discharge locations that could affect urban runoff. Reapplication of the permit every five years.
 Adaptive Management: Biannual reporting stating how cities have modified their stormwater program to better meet the permit requirements.  Reasonable Assurance Analysis: Per the permit, this analysis was performed during the 2012 permit period to complete Enhanced Watershed Management Plans (EWMPs). It must be performed again for the renewed permit. This analysis is a computer model simulation that predicts if the stormwater harvesting projects to be built within each watershed by cities will achieve EWMP requirements. The analysis demonstrates to the Board that cities will meet EWMP requirements and water quality standards.
 Enhanced Watershed Management Plan (EWMP) Time Extension: There is an interim EWMP Implementation milestone set for April 11, 2018. Under the terms of the EWMP, the City of Los Angeles plans to submit a time extension on behalf of the cities in these watersheds to give cities more time to comply with the EWMP. This will allow for additional work to meet some of the water quality standards that will not likely be met before the 2018 compliance milestone.  Time Schedule Orders (Santa Monica Bay Bacterial TMDL): The final compliance milestone for the wet-weather bacterial TMDL is July 15, 2021.

Under the terms of the EWMP, the City of Los Angeles plans to submit a Time Schedule Order, on behalf of the cities in these watersheds to give cities more

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time to comply with the TMDL. This will allow for additional work to meet some of the water quality standards that will not likely be met before the 2021 compliance milestone.

The additional cost to the City of Santa Monica associated with the above administrative (non-CIMP) tasks totals $181,780 for Santa Monica Bay and $2,543 for Ballona Creek watersheds.

The MOA five-year budgets for the CIMP and additional permit costs are listed below by fiscal year for each watershed.

Santa Monica Bay
Fiscal Year Budget
18/19 $93,821
19/20 $116,324
20/21 $128,205
21/22 $85,396
22/23 $96,279
Contingency $52,002
Total $572,027
Ballona Creek
Fiscal Year Budget
18/19 $6,096
19/20 $2,394
20/21 $2,920
21/22 $2,075
22/23 $2,284
Contingency $1,177
Total $16,946

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The budgetary difference between the two watersheds is due to the difference in drainage area of the City: Santa Monica Bay – 19.76%; Ballona Creek – 0.28%.

Financial Impacts & Budget Actions
Santa Monica Bay
The MOA cost share for the Santa Monica Bay is for an amount not to exceed $572,027 over a five-year period through FY 2022-23. Funds of $93,821 are available in the Proposed FY 2018-19 budget in the Public Works Department. The MOA will be charged to account 06402.555170.

Ballona Creek
The MOA cost share for the Ballona Creek is for an amount not to exceed $16,946 over a five-year period through FY 2022-23. Funds of $6,096 are available in the Proposed FY 2018-19 budget in the Public Works Department. The MOA will be charged to account 06402.555170.

Future year funding for both agreements is contingent on Council budget approval.

Prepared By: Neal Shapiro, Senior Sustainability Analyst Approved Forwarded to Council
Attachments:

A. February 23, 2016 Staff Report

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Packet Pg. 124 Attachment: May 8 2018 Staff Report (5620 : Cost-Sharing MOAs with the City of L.A. for Santa Monica Bay and Ballona Creek) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.F
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Airport Subject: Approval of Airport Restaurant Lease with Clover Restaurants, Inc. and First Modification to Agreement CCS# 10713 with Corporate Realty Group Recommended Action
Staff recommends that Council:

3. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines.

Summary
Clover Restaurants, Inc. (“Clover”) proposes to lease approximately 8,500 square feet of building, outdoor patio, and parking space (“Premises”) for restaurant use located at 3200 Airport Avenue at the Santa Monica Airport. The proposed restaurant would be located next door to the existing Cloverfield Restaurant located at 3300 Airport Ave, which is leased by the owners of Clover. The 3200 Airport Avenue property has been vacant since January 31, 2023, to allow for extensive building renovations that are expected to be completed by Summer 2024. The proposed lease with Clover would

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include an initial term of 11.5 years and one renewal option for five years. The initial term includes one year of City’s building renovations and six months of tenant’s additional construction work. The term of this lease would extend beyond December 31, 2028, and is thus outside the parameters set forth in the current Airport Leasing and Licensing Policy (Attachment A) and as such requires City Council approval.  Securing a tenant for the vacant space at 3200 Airport Avenue helps ensure the Airport Fund’s financial self-sufficiency and aligns with the City’s priority of economic recovery. The recommended lease with Clover will generate an estimated $5.015 million over the initial 11.5-year term.

Corporate Realty Group (“CRG”), the City’s current real estate broker, will provide the City with commercial real estate brokerage and consulting services for the proposed lease agreement. A first modification to Agreement No.10713 (CCS) with CRG is recommended to (1) provide for the additional commission associated with the proposed lease and (2) extend the term of the contract to allow for payments of the additional commission when they become due.

Discussion
Lease Term and Conditions
Clover seeks restaurant, outdoor patio, and parking space to create a commercial operation with food and alcoholic beverages. Clover proposes to lease a portion of the property at 3200 Airport Avenue. The lease would be for approximately 8,500 square feet of restaurant space representing about half of the rentable area of the 3200 Airport Avenue building. The proposed restaurant would be located next door to The Cloverfield Restaurant located at 3300 Airport Ave and would be approximately 50% larger. The City and Clover would finalize negotiations and execute a lease agreement based on the following proposed terms and conditions.
• The proposed lease is a 11.5-year term that includes a 4% annual escalation provision beginning at Year Two of the term of the lease (January 2025).

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• A security deposit equal to three months’ rent plus the first month’s rent would be due at the execution of the lease agreement.
• The proposed monthly rent of $36,325 reflects market rate.

The building located at 3200 Airport Avenue is currently vacant to allow for the City to complete substantial and necessary facility improvements on the building that was built in 1947. Staff anticipates this work to last about a year and will be completed by July 2024, at which point Clover will perform additional construction for the restaurant for an additional six months. Clover’s construction of the space is anticipated to conclude by January 2025.

The Clover lease is expected to be executed in July 2023. The City will provide Clover with 12 months of rent credit during the time that the City is occupying and working on the premises (July 2023 through June 2024). Clover will be given an additional 12 months of rent credit (from July 2024 to June 2025) to cover the time that it spends improving the City’s property and for the investment they will have made in the building to improve the space. In all, under the proposed lease, Clover will be given a total of 24 months of rent credit. Any improvements undertaken by Clover would revert to the City at the conclusion of the lease term.

The 11.5-year term of the proposed lease is estimated to begin in July 2023 and expires on December 31, 2034. An option to renew for an additional five years, if exercised, would expire on December 31, 2039, and would be set at the market rate at the beginning of the option period. The term of the lease extends beyond the anticipated closure date of the Airport and thus requires City Council approval.

The proposed lease would be Triple Net wherein the tenant is required to pay all property taxes and assessments (including possessory interest tax), insurances and utilities. Additionally, Clover would be responsible for all services, repairs, replacements, maintenance, improvements, or items related to compliance associated with the premises. Clover would be required to comply with all City building code

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regulations, planning standards, and any applicable FAA regulation, as a condition of the lease.

Clover would employ approximately 30 workers on-site. Therefore, Clover would be subject to the Transportation Demand Management (TDM) requirements of the City to address any transportation and/or parking management issues.

Modification to CRG Contract
On July 24, 2018, the City authorized an agreement with CRG for commercial real estate brokerage and consulting services in an amount not to exceed $1,145,039 over a three-year period, plus two one-year options to renew. The final renewal option will expire on August 31, 2023.

CRG will provide the City with commercial real estate brokerage and consulting services for the proposed lease agreement. Should the proposed lease be approved and executed, the real estate commission fee due to CRG is estimated to be $107,377 based on a 3% commission for the initial five years of the term, and 1.5% for years six to ten. Half of the commission ($53,689) would be due upon execution of the lease on or about July 2023 (FY2023-24), and the remaining half paid when tenant begins construction of the restaurant space, estimated on or around July 2024 (FY2024-25).

There would be no commission obligation for the five-year renewal option if exercised.

The commission rates are consistent with the terms of CRG’s agreement with the City and conform to industry standards.

The commission amount, in addition to other pending commissions due to CRG, would exceed the current contract amount authorized in the City’s Agreement No. 10713 (CCS). Therefore, staff recommends a first modification to the agreement with CRG to increase compensation by $107,377 from funds available in the Airport Fund Budget.

Due to the timing of the City’s obligation for payment of the commissions, staff recommends that the term of the agreement be extended to December 31, 2024.

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Environmental Review
The proposed lease is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The lease would not result in any significant modifications to the existing space at 3200 Airport Avenue. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.

Past Council Actions
Meeting Date Description
8/14/2018
(Attachment A)
Santa Monica Airport Leasing and Licensing Policy
7/24/2018
(Attachment B)
Authorize Agreement to Corporate Realty Group, Inc. for Commercial Real Estate Broker Services at the Santa Monica Airport following RFP process
Financial Impacts and Budget Actions
The recommended lease with Clover would generate an estimated $5.015 million over the initial 11.5-year term. If executed in July 2023, the proposed lease would increase FY2023-24 Airport revenues by $191,429 (first month’s rent and three-month security deposit). Future revenues generated by the proposed lease would be included in the budget.

Staff seeks authority to approve available funding from the Airport Fund to increase the amount of the agreement with the Corporate Real Estate Group for commercial real estate leasing services. Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23
Request
Amount
Future Years Dept Account # Total Revised
Contract Amount

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10713 $1,145,039 0 $107,377 57500001.552010 $1,252,416
Prepared By: Kate Schlesinger, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. AIRPORT LEASING AND LICENSING POLICY 2018-08 (1)
B. CRG SR 2878 7242018 meeting
C. 20220614_Con_CRG_FY22_OAKS_
D. 20221222_Oaks Clover Restaurants Inc.

E. 201809_Contract-CRG-10713- signed

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1 SANTA MONICA CITY COUNCIL AIRPORT LEASING AND LICENSING POLICY Purpose. The purpose of this Airport Leasing and Licensing policy is to establish and declare City policy on matters related to airport leasing. This Leasing Policy shall be used by the City Manager to analyze leasing and licensing issues, to present leasing and licensing recommendations to the City Council, and to render leasing and licensing decisions under the authority granted by the City Council.

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Packet Pg. 131 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 2 SECTION A: USES

2. Conditionally permitted uses: Parking and automobile storage lots and structures. Restaurants with over 500 square feet of floor area.

Theaters. New public or private schools or educationalinstitutions.

SECTION B: TERMS AND CONDITIONS

1. Term for Hangars. All hangars shall be leased on a month‐to‐month basis.

2. Term for Tie‐Downs. All tie‐downs shall be leased on a month‐ to‐ month basis.

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Packet Pg. 132 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 3 expiration date of the lease does not extend beyond December 31, 2028.

4. Term for Non‐Aviation Tenants. Lease terms may be month‐to‐month or longer. However, no lease shall have a term that goes beyond December 31, 2028.

6. Rates. All new and renewed leases will be leased at prevailing market rates and rates will be adjusted to stay current with market conditions and as new/renewed leases arise.

5.F.a
Packet Pg. 133 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 4 9. Whole Building Leases. Whole building leases may, at the City’s discretion, be subject to public Requests for Proposals intended to optimize leasehold occupancy and the self‐sustainability of the airport.

Tenants under a whole building lease shall be responsible for maintenance and repair of said buildings.

11. Lease and License Areas. Operation and improvements to lease and license areas are subject to the City’s standard regulatory rules, review and approval process.

12. Triple Net Leases. The City may require tenants to pay all property taxes and assessments (including Possessory Interest Tax), insurance, and utilities.

14. Master Tenants. Master tenant agreements are to be phased out in an orderly transition.

15. Sub‐Leasing. New sub‐leasing shall be prohibited. Existing sub‐ tenancies shall be subject to an orderly phase‐out at the sole discretion of the City.

16. Insurance. Airport lease agreements shall minimize the City’s financial and economic risk, by incorporating reasonable indemnification and insurance provisions.

17. Daily and Transient Users. Daily and transient uses shall be permitted.

SECTION C: PERFORMANCE STANDARDS

5.F.a
Packet Pg. 134 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 5 1. Compatible and Harmonious. All lessees shall use the airport and any airport property in a manner that is compatible with City policies and with the adjacent residential uses; to encourage activities that complement adjacent residential and commercial uses; to establish practices that are sensitive to the environment and protect the City from future environmental exposure; and for aeronautical service providers, comply with the MinimumStandards.

SECTION D: MAINTENANCE AND TENANT IMPROVEMENTS

1. All leaseholders shall be responsible for maintaining their facilities in attractive and safe condition, in compliance with applicable building and

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Packet Pg. 135 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 6 life safety codes and all applicable environmental laws, ordinances, regulations and other city standards.

4. Tenants shall respond to the City’s written inquiries regarding any complaints or issues. Tenant will provide an action plan for improvement if so requested by the City.

5.F.a
Packet Pg. 136 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 7 to the City Manager for approval. Leases for terms greater than terms specified in these guidelines require City Council approval.

SECTION E: LEASE APPROVALS AND DELEGATION OF AUTHORITY

2. The City may cooperate with commercial real estate brokers who are authorized to negotiate leases on behalf of prospective tenants.

SECTION F: GENERAL PROVISIONS
This Leasing Policy may be altered by the City at any time, in its sole discretion, and shall not create any right or reliance interest for any person.

Updated August 2018

5.F.a
Packet Pg. 137 Attachment: AIRPORT LEASING AND LICENSING POLICY 2018-08 (1) (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) City Council
Report
City Council Meeting: July 24, 2018
Agenda Item: 3.B
1 of 4
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Airport
Subject: Award Agreement to Corporate Realty Group, Inc. for Commercial Real Estate Broker Services at the Santa Monica Airport
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 167 to Corporate Realty Group Inc., a California-based company, to provide commercial real estate broker and related consultant services for Santa Monica Airport; and

2. Authorize the City Manager to negotiate and execute an agreement with Corporate Realty Group Inc. in an amount not to exceed $430,611 (including a 10% contingency) for three years, with two one-year renewal options in the amounts of $639,634 in year one and $74,794 in year two, for a total amount not to exceed $1,145,039 over a five-year period, with future year funding contingent on Council approval.

Summary
The City currently contracts with commercial real estate firm Corporate Realty Group (CRG) to assist staff with commercial real estate broker and consulting services for City-owned facilities at the Santa Monica Airport. Staff anticipates the continued need for commercial real estate broker and consulting services in future fiscal years. Staff recommends CRG to provide these services at the Santa Monica Airport for an amount not to exceed $1,145,039 over a five-year period.

Discussion
The revenue derived from Airport leasing supports the City’s goals of achieving a financially self-sufficient Airport, eliminating subsidies from the General Fund, and repaying the principal and interest of past General Fund loans.

Staff anticipates the continued need for commercial real estate brokerage services.

There are certain facilities at the Airport that due to their size and/or complexity require

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Packet Pg. 138 Attachment: CRG SR 2878 7242018 meeting (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 2 of 4
the expertise of a commercial real estate broker to optimize marketing and negotiations to yield maximum revenues for the City. Additionally, the commercial real estate broker would provide consulting services to staff during other lease negotiations that might arise during the term of the contract.

The commercial real estate broker services that would be provided by CRG for certain facilities at the Airport would include but would not be limited to:
• marketing the properties,
• negotiating the terms of new and renewal leases,
• coordinating the execution of all attendant documents, and • facilitating the completion of the leasing transactions.

Under the proposed agreement, CRG would receive the following commissions:
• For new long-term leases: 3% of the aggregate lease value (1-5 years), and

1.5% for the remaining lease term (6-10 years) for leases in which CRG is the sole broker. In the event of a lease with two brokers (i.e. CRG and the tenant’s broker), there would be an additional 3% of the aggregate lease value for years 1-5 for a total commission of 6% and an additional 2% of the aggregate lease value for years 6-10 for a total commission of 4%.
• For lease renewals and expansions: 2% of the aggregate lease value (1-5 years), and 1% for the remaining lease term (6-10 years) for leases in which CRG is the sole broker. In the event of a lease renewal or expansions with two brokers (i.e. CRG and the tenant’s broker), there would be an additional 2-4% of the aggregate lease value for years 1-5 and an additional 1%-2% of aggregate lease value for years 6-10.
• Month-to-month agreements: CRG would receive a commission equal to one month’s rent for administrating new month-to-month leases. • Consulting service fees would be based on an hourly rate schedule.

Anticipated costs for CRG’s services during the term of this agreement would be more than offset by the lease revenues associated with the commission and consulting fees.

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It should be noted that anticipated costs for year four of this agreement include an estimated commission of $571,486 for the renewal of the City’s current lease with Snap, Inc. at 2800 Donald Douglas Loop North.

Consultant Selection
RFP Data
RFP Posting Date RFP Posted
On
RFP Advertised In
(City Charter & Municipal
Code)
# of Vendors
Downloaded
# of
Submittals
Received
Date Publicly
Opened
04/02/2018
City's
Online
Bidding
Site
Santa Monica Daily
Press 20 3 05/02/2018
RFPs Received
Corporate Realty Group
PAR Commercial Brokerage
Secured Properties, Inc.

Justification to Award
Responses to the RFP were reviewed by a selection panel from the Public Works Department (Airport Division), Economic Development Division, and the Office of the City Manager.

Proposals were evaluated based on the criteria in SMMC 2.24.073 and criteria listed in the RFP, including experience and technical competence, conceptual plan and approach, quality control, cost of service/cost control, and references. Corporate Realty Group offered the most comprehensive and relevant experience and expertise needed by the City. Based on the criteria, staff recommends CRG as the best qualified firm.

Financial Impacts and Budget Actions
Staff seeks authority to award a contract with Corporate Realty Group for commercial real estate broker and consulting services for City-owned facilities at the Santa Monica Airport.

Contract
Request Amount FY 2018-19 Budget
Public Works Department Account #
Total Contractual
Amount Not to Exceed
$155,171 57500001-552010 $1,145,039
Future year funding is contingent on Council budget approval.

5.F.b
Packet Pg. 140 Attachment: CRG SR 2878 7242018 meeting (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) 4 of 4
Prepared By: Kate Schlesinger, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Corporate Realty Group 2018 Oaks Initiative Form

5.F.b
Packet Pg. 141 Attachment: CRG SR 2878 7242018 meeting (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE
Certification for Providers of Services to the City of Santa Monica (Fiscal Year 21/22 – July 1, 2021 through June 30, 2022)

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $17.64 per hourfor certain employees of contractors providing services to the City where services exceed $54,200 or moreand requires that contractors also provide the same health care and other benefits to employees’ same sex spouses and domestic partners as are provided to other employees’ spouses.

An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license.

The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Form. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered nonresponsive and excluded from further consideration.

Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.

Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.

Please direct any questions to:

City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1685 Main Street, Mail Stop 09
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.

5.F.c
Packet Pg. 142 Attachment: 20220614_Con_CRG_FY22_OAKS_ (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

CITY OF SANTA MONICA

LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2021 through June 30, 2022

TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $17.64 per hour
Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE

THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached. (a) ________ contractor is a government agency and is exempt (b) ________ contractor is a City grantee and is exempt (c) ________ contractor is a non-profit corporation and is exempt (d) ________ contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) ________ contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica’s Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.

These statements are made under penalty of perjury under the laws of the State of California.

Printed Name: _______________________________________Title: _______________________________ Signature: __________________________________________ Date: _______________________________ Contractor: ________________________________________ Bid Number (if applicable):_____________ Service Description:
_______________________________________________________________________________________ _______________________________________________________________________________________ x
Craig Zund Principal
6/14/22
Corporate Realty Group, Inc.

Real estate brokerage and consulting.

5.F.c
Packet Pg. 143 Attachment: 20220614_Con_CRG_FY22_OAKS_ (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

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

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

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

In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

5.F.c
Packet Pg. 144 Attachment: 20220614_Con_CRG_FY22_OAKS_ (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Corporate Realty Group, Inc.

Craig Zund
Craig Zund
Craig Zund Principal
6/14/22
[email protected] (310) 570-5011

5.F.c
Packet Pg. 145 Attachment: 20220614_Con_CRG_FY22_OAKS_ (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.d
Packet Pg. 146
Attachment: 20221222_Oaks Clover Restaurants Inc. (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.d
Packet Pg. 147
Attachment: 20221222_Oaks Clover Restaurants Inc. (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 148
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 149
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 150
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 151
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 152
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 153
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 154
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 155
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 156
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 157
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 158
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 159
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification)

5.F.e
Packet Pg. 160
Attachment: 201809_Contract-CRG-10713- signed (5641 : Airport Restaurant Lease and CCS# 10713 First Modification) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.G
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approval of First Modification to Contract #2810 with Nobel Systems, Inc. for Software Licensing and Maintenance of GeoViewer
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effects pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City’s Public Works Department, Water Resources Division maintains over 200 miles of water distribution mains, over 150 miles of wastewater collection pipelines, and approximately 60 miles of storm drains throughout the City. The Water Resources Division has used Nobel Systems, Inc.’s GeoViewer since 2014 to manage and track Underground Service Alert (USA) DigAlert information in the field, via mobile devices, while performing underground utility location services to protect the City’s water and wastewater infrastructure. Staff is requesting a first modification to agreement #2810 to continue the subscription and maintenance of Nobel Systems GeoViewer, a proprietary software used to assist in marking underground utilities.

5.G
Packet Pg. 161
2 of 3
Discussion
USA DigAlert, also known as 811, is the non-profit service in Southern California for private and public entities to request marking of underground utilities prior to subsurface boring or excavation in the public right-of-way and avoid damaging underground utilities.

The underground utilities include, but are not limited to, water and wastewater pipelines, fiber optic lines, gas lines, and electrical lines, and marking of these utilities is the responsibility of each respective owner.

The City receives approximately 350 USA DigAlert marking requests each month from various construction projects. The City’s Underground Utilities Safety Coordinator receives and manages these requests using GeoViewer to mark out the City’s underground water and wastewater pipelines with appropriate markings so contractors working in the area are aware of the location of the underground utilities and can avoid damaging them during excavation or subsurface boring activities. GeoViewer employs the City’s Geographic Information Systems (GIS) data along with the tickets from USA DigAlert to identify the location of the utilities to be marked and serves as a scheduler to alert when new requests are created and closed when the marking is complete.

The Water Resources Division has used Nobel Systems, Inc.’s GeoViewer since 2014, under contract #2810, to manage and track Underground Service Alert (USA) DigAlert information in the field. This proposed first modification of contract #2810 would extend the software licensing and maintenance of Nobel System GeoViewer for an additional five years.

Environmental Review
The revised contract for support and maintenance of software would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

5.G
Packet Pg. 162
3 of 3
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase the amount of Contract #2810 with Nobel Systems, Inc. for software licensing and maintenance of GeoViewer. Future year funding is contingent on Council budget approval.

Agreement Modification Request
Agreement
#
Current
Authorized
Amount
FY 2022-23
Modified
Request Amount
Future
Years
Amount
Department Account
#
Total Revised
Contract
Amount
2810 $194,000 $21,000 $99,000 50500001.529230 $314,000
Prepared By: Thomas Poon, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Attachment A - CT 2810 - Nobel Systems
B. FY 22-23 Oaks (Nobel Systems, Inc.)

5.G
Packet Pg. 163

5.G.a
Packet Pg. 164 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 165 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 166 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 167 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 168 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 169 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 170 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 171 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

5.G.a
Packet Pg. 172 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 1 The
Water
Resources
Division
of
the
City
of
Santa
Monica
is
requesting
quotes
for
a
Turn-‐Key

mobile
GIS-‐Based
Electronic
Underground
Service
Alert
(USA)
Ticket
Tracking
System.

Nobel

Systems proposes
to
provide
a
subscription
based
system
that
allows
the
City
to
access
and
use

the
system
on
the
Cloud.

GEOVIEWER
MOBILE
Nobel
Systems
proposes
that
the
City use
our
software,
GeoViewer
Mobile,
which
is
a
product

developed
for
the
iPad.

1. GeoViewer
Mobile
software
is
built
on
the
Esri
platform
and
allows
the
user
to
read
GeoDatabases.

The
data
is
also
loaded
locally
on
the
device
and
hence
allows
the
user
to
work
while
off-‐line.

2. It
is
robust
and
built
for
field
functionalities,
more
of
which
are
described
in
“functionalities”
below.

3. It
is
a
native
iPad
app
and users
can
download
the
app
from
the
app
store
at
https://itunes.apple.com/us/app/geoviewer-‐mobile/id564871172?ls=1&mt=8

4. Description
of
the
Underground
Service
Alert
(USA)
Module
The
DigAlert
tool
automatically

receives
DigAlert
tickets
from
the

DigAlert
provider,
and
extracts

information
from
the
tickets,
so
that

the
DigAlert
ticket’s
information
can
be

queried
and
presented
to
the
user. We

will
provide
a
push
notification
where

the
user
can
see
text
based
tickets
on

the
lock
screen
before
proceeding
to

the
ticket.

The
DigAlert
tool
has
a
built
in

collaboration
mechanism,
so
that
one

person
can
check-‐out
a
ticket
and
their

colleagues
and
supervisor
can
be

notified
that
the
ticket
is
checked-‐out.

The
user
can
then
type
in
their

comments,
or
choose
from
a

customizable
list
of
popular
comments.

The
user
also
has
the
ability
to
attach

photos,
that
they
can
take
using
the
iPad’s
camera.

Dig
Alert
Module
Exhibit A
Proposal

5.G.a
Packet Pg. 173 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 2 Once
the
user
has
completed
taking
photos
and
entering
their
comments,
they
can
then
mark

the
ticket
as
complete,
which
will
remove
the
ticket
from
their
DigAlert
Ticket’s
list
and
notify
all

other
iPad’s
that
the
ticket
is
completed.

The
Synchronization
framework
takes
care
of
getting
the
latest
DigAlert
tickets
from
the
Server

and
sending
completed
or
in-‐progress
tickets
to
the
Server,
without
user
intervention.

5. Reporting
Currently,
the
reports
are
provided
in
our
GeoViewer
Online
software,
which
is
a
laptop/

desktop
browser
based
application.

If
required,
Nobel
Systems will
be
willing
to
create
a

similar
report
system
in
GeoViewer
Mobile
as
well.

The
reports
can
be
viewed
as
an

Administrator
and
show
completed
as
well
as
pending
tickets.

The
pending
tickets
will
also

have
a
work
date
scheduled.

The
pending
tickets
are
shown
on
the
system
as
seen
below:

Pending
Tickets
Other
reporting
capabilities
include
the
following:

5.G.a
Packet Pg. 174 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 3 a. A
"Query
tool"
to
perform
Query
on
the
Dig
Alert
Database.

Option
to
frame
complex
queries

using
'And'
/
'Or'
options
in
the
Dig
Alert
Query
control.
b. Option
to
query
inside
the
viewing
window.

c. Reporting
feature,
including
but
not
limited
to:

1. Monthly
Report
based
on
the
Date
Range
-‐ cumulative
values
for
all
the

variables
within
the
date
range.

2. Yearly reports
in
2 formats
i.

YYYY
Yearly
Report
without
User
Names
ii.

YYY
Yearly
Report
with
User
Names
i.

Option
to
'Check
Out'
and
'Check
In'
for
all
users
and
'Undo
Check-‐Out'
for
Administrators.
j.

Auto
Population
of
Ticket
numbers
in
the
Print
Control
Top
title.

Sorting
of
tickets
based
on
‘Received
Date’
and
‘Work
Date’
Reports

5.G.a
Packet Pg. 175 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 4 6. Reporting
capabilities
are
currently
provided
to
any
staff
through
an
Internet
based

browser.

If
required
on
the
iPad,
Nobel
Systems will
customize
a
report
based
on

City’s
preferences.

7. Closed
Tickets
-‐ Nobel
Systems will
provide
the
City
with
the
ability
to
revisit
closed

tickets.

At
this
time,
we
have
provided
a
system
where
we
can
undo
a
checkout
of

the
ticket,
but
it
can
be
extended
to
revisit
the
closed
ticket.

8. Turning
layers
on
and
off
– The
GeoViewer
Mobile
app
provides
the
user
the
ability

to
turn
layers
on/off.

Please
see
screenshot
below:

Turn
layers
on/off

9. Upload
GIS
files
to
the
iPad
When
new
GIS
data
is
available,
Nobel
Systems
will
take
the
GIS
data
and
create
a
“Data
Update

Package”.

That
package
is
then
placed
on
the
Server
and
sent
to
all
iPads
using
the
service.

When
the
package
is
sent,
the
user
can
accept
the
package,
which
will
download,
install
automatically
and
then
the
App
will
restart
for
the changes
to
take
effect.

The
user
has
the

ability
to
postpone
the
download
process,
and
to
reinitiate
it
at
a
later
time

5.G.a
Packet Pg. 176 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 5 FUNCTIONALITIES
OF

GEOVIEWER
MOBILE
A
brief
description
of
the additional basic
features
of
the
software
is
highlighted
below:

GeoViewer
Mobile
puts
the
GIS
data
to
work
for
in
ways
never
before
imagined.

Designed

exclusively
for
the
iPad,
this
customizable
tool
puts
the
power
of
GIS
data
at
the
City’s
fingertips

in
the
field,
helping
make
more
informed
decisions,
saving
their
operation
time
and
money.

Ideal
for
the
City,
GeoViewer
Mobile
provides
convenient
access
– online
or
offline
-‐ to
key

information
at
the
right
time.

It
streamlines
workflow
by:

• Adapting
to
location
and
offering
context-‐sensitive
actions
and
information
• Providing
a
digital
record
of
work
performed
• Linking/updating
seamlessly
with
online
GIS
data
The
GeoViewer
Mobile
iPad
application
is
an
integral
part
of
the
GeoViewer
workflow

management
solution,
to
enhance
decision-‐making
and
productivity
from
management
to
field

crew.

Functionality:
• View
water
distribution
network
and
basemaps
online
or
offline
• Use
basemaps
such
as
ESRI's
Streets
/
Aerials
/
Topo,
Microsoft
Bing's
Streets
as
well
as

your
custom
aerials

• View
individual
or
multiple
layers

• Search
with
flexible
options
including:
hydrant
number,
valve
number,
APN,
owner

name,
etc.
• Access
and
view
documents
such
as
as-‐built
drawings,
even
when
not
connected
to
a

network
Load
Custom
Aerials
&
Identify

5.G.a
Packet Pg. 177 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 6 • Add
field
notes
with
location
metadata,
attach
photos
and
images
with
ability to
add

redlines
• Share
map
snapshots
with
colleagues
and
supervisors
for
timely
action
• Bookmark
areas
of
interest
• Take
photos
and
videos
to
include
in
notes
linked
to
a
lot,
hydrant,
valve,
etc.
• Manage
work
orders
from
your
work
order
or
service
order
management
systems,
even

without
network
connectivity
• Provides
a
streamlined
process
to
access
and
manage
USA
DigAlert
tickets
• Easy
to
use
preventive
maintenance
workflows
with
access
to
historical
data
• Capture
data
from
your
valve
turning
machines
right
in
the
field
to
perform
useful

analysis
and
monitoring
• Provide
an
easy
to
use
workflow
to
report
leaks
from
the
field
• Seamlessly
integrates
to
the
GeoViewer
Online
application
enabling
access
to
field
data

for
supervisors
and
personal
working
from
the
office
Access
and
View
Documents

5.G.a
Packet Pg. 178 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 7 ADDITIONAL
MODULES:

In
addition,
our
GeoViewer
Mobile
can
provide
custom
functions,
a
few
of
which
are
listed

below:

Add
Field
Notes
with
Location

5.G.a
Packet Pg. 179 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 8 Valve
Exercising
The
Valve
Exercising
Tool
in

GeoViewer
Mobile
enables
the
user

to
see
all
the
Valves
in
their
vicinity

and
choose
a
specific
valve
to

exercise.

The
user
can
collect
exercising

specific
data
to
be
collected;
the

valve
exercising
tool
also
has
the

capability
of
connecting
directly
to

the
Valve
Exercise
Machine
to

collect
the
turns
and
torque,
to

reduce
the
amount
of
human
error.

The
tool
also
gives
the
option
of

showing
previous
exercising
history,

to
enable
the
user
to
see
what
their

colleagues
have
done
on
the
same

Valve
previously.

After
the
valve
exercising

information
is
collected,
it
is

automatically
sent
to
the
server
via

the
Synchronization
framework
in

GeoViewer
Mobile.

Valve
Exercising
Module

5.G.a
Packet Pg. 180 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 9 Leaks
Collection
The
Leaks
Collection
module
allows

you
to
collect
GIS
Leak
features.

The
fields
that
the
user
should

enter
are
all
pulled
from

configuration,
to
allow
customizability
of
which
data

should
be
collected.

The
user
can
position
the
leak,
so

that
they
can
precisely
pinpoint
the

leaks
location
on
the
map.

Or
they

can
tap
on
the
GPS
button
to
move

the
leak
to
their
current
position.

After
all
the
fields
have
been

inputted
by
the
user
and
saved,
the

Synchronization
framework
will

take
care
of
posting
the
collected

leak
to
the
Server.

Then
a
new
Leak
GIS
point
will
be

created,
which
the
user
can
later

perform
analysis,
view
heat
maps
to

see
the
condensation
of
the
leaks

location,
…
etc.

Leak
Module

5.G.a
Packet Pg. 181 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 10 Flushing
The
Flushing
Tool
in
GeoViewer

Mobile
enables
the
user
to
see
all

the
Hydrants,
Blowoffs,
End
Caps,
…

etc.
in
their
vicinity
and
choose
a

specific
feature
to
flush.

The
user
can
collect
flushing
data
to

be
collected,
such
as:
• How
minutes
the

feature
has
been

flushed.
• What
is
the
observed

gallon
per
minute.
• The
reason
for

flushing.
• Observed
Water

Condition
• Water
Source.
• Starting
Chlorine

Residual.
• Finishing
Chlorine

Residual.
• General
Comments
The
tool
also
gives
the
option
of

showing
previous
flushing
history,

to
enable
the
user
to
see
what
their

colleagues
have
done
on
the
same

feature
in
the
past.

After
the
flushing
information
is
collected,
it
is
automatically
sent
to
the
server
via
the

Synchronization
framework
in
GeoViewer
Mobile.

Flushing
Module

5.G.a
Packet Pg. 182 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 11 Service
Orders

The
Service
Orders
tool
in

GeoViewer
Mobile,
has
the

capability
of
connecting
to
most

Customer
Service
Order

Management
Systems,
and
pulling

the
latest
Service
Orders
from

there.

The
Service
Order
Management

system
will
show
the
most
relevant

information
to
the
user
(based
on
a

predefined
list
of
fields).

The
user
has
the
ability
to
enter
the

information
required
by
the
district.

In
the
right
screen
this
specific

district
required
that
the
user

collect
the
Meter Reading,
Action

Taken,
and
any
Additional
Work

Needed.

Other
districts
may
choose

to
collect
other
fields.

After
the
user
has
entered
all
the

required
information,
they
tap
on

the
done
button.

The
Synchronization
framework

takes
care
of
getting
the
latest

Service
Orders
from
the
Server
and

sending
completed
Service
Orders

to
the
Server,
without
user
intervention.

GEOVIEWER
ONLINE
As
part
of
the
reporting
capability
as
well
as
the
need
for
a
robust
GIS
system
to
be
distributed

enterprise
wide
to
users
with
a
desktop/laptop,
Nobel
Systems proposes
to
provide
access
to

the
City
of
Santa
Monica
with
our
Online
version
of
GeoViewer.

GeoViewer
Online provides Geographical
Information
System
data
to
the
casual
user. Making

GIS
data
available
to
casual
users
is
very
important. In
many
organizations
the
"non-‐GIS
people"

Service
Order
Module

5.G.a
Packet Pg. 183 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 12 and/or
novice
computer
users
are
the
people
who
find
the
data
to
be
most
useful
in
carrying
out

their
duties.

Providing
easy
access
to
this
information
only
improves
the
usefulness
of
the
data

and
can
save
time
and
money
for
many
types
of
organizations.

The
GeoViewer
approach
to
this
objective
is
quite
simple. We
offer
an
easy-‐to-‐use,
intuitive

interface
to
Geographic
Information
Systems
that
provides
the
casual
user with
the
ability
to

access
the
information
they
need
with
little
or
no
formal
training.

ESRI PLATFORM: This
product
is
built
on
ArcGIS
API
for
Flex
with
ArcGIS
Server
as
the
backend,
which
is

configured
to
read
the
ArcSDE/SQL
database.

GeoViewer
will
ultimately
allow
you
to
access
data
for

other
aspects
of
your
utility
systems,
such
as
Customer
Service,
Field
Operations,
Engineering,

Finance,
and
any
other
enterprise
data
in
which
you
wish
to
connect.

The
main
objectives
of
the
system
include,
• Ability
for
non-‐GIS
staff
to
use the
system
effectively
with
less
than
four
hours
of

training.
• Provide
access
to
interactive
water
atlas
maps
from
staff
desktops
through
web

browser.
• Locate
and
view
an
area
of
interest
anywhere
within
the
water
system
service
area.
• Provide
secured
access to
only
authorized
users.
• Map
updates
are
seamlessly
delivered
to
system
users
without
any
lag
time.

• Provide
an
extensible
system
that
can
be
enhanced
to
provide
broader
functionality

and
adapt
to
future
software
and
functionality
enhancements.
• Enable
direct
integration
with
geographic
data
repositories,
asset
management

information,
billing
systems,
linked
image
libraries,
and
other
information

associated
with
water
system
infrastructures.

GeoViewer
was
designed
with
the
following
assumptions
in
mind:

5.G.a
Packet Pg. 184 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 13 • Casual
GIS
users
want
fast,
easy
access
to
relevant
information.

• Casual
GIS
users
don't
have
the
time
or
desire
to
learn
about
topology,
Shapefiles,

ARC/INFO,

theories
of
GIS,
etc.

• Casual
GIS
users
don't
want
to
have
to
add
themes,
assign
colors,
change
theme
properties,

etc.

• Casual
GIS
users
don't
want
to
be
bothered
with
the
task
of
doing
map
composition. They

would
much
rather
has
the
ability
to
print
their
maps
with
a
standardized
template.

• Casual
GIS
users
don't
typically
need
to
make
large
maps
themselves
and
are
perfectly
happy

printing
an
8 1/2
by
11 map
on
a
laser
or
ink
jet
printer.

For
the
more
advanced
users,

GeoViewer
Online
Supports
multiple
paper
sizes
that
is
only
restriction
is
the
clients
printing

device.
• The
GeoViewer
is
a
robust
and
easy
to
use
Enterprise
Geographic
Information
Interface. The

GeoViewer
is
extremely
flexible
and
can
be
tailored
to
any
dataset.

We
at
Nobel
Systems
strongly
believe
that
the
functionality
provided
by
GeoViewer
will

satisfy
the
needs
of
the
LBCWD.

The
list
of
features
provided
by
GeoViewer
includes
but
is

not
limited
to:

Standard
GeoViewer
Features:
• Standard
map
navigation
including
pan,
zoom in
and
zoom
out,
full
extent

• Layer
Legend
Display

• Creation
of
Spatial
Bookmark
• Google
Street
View
• Vicinity
map
that
can
be
used
to
set
the
extent
of
main
map,
pan
the
main
map,

and
display
the
current
extent
of
the
main
map.

• Property
Search. Search
by
parcel
number,
situs
address,
or
owner
name.

• Supports
ESRI
Shapefiles,
Coverages,
Geodatabases,
and
CAD
Drawings
• Also
supports
a
wide
variety
of
images
including
MrSid.

• Intuitive
Select
Toolbar. Select
multiple
features
in
multiple
themes
and:

• Find
features
within
a
specified
distance,
and
generate
mailing
labels.
• Measure
area
and
length

• Display
contents
of
the
selected
set
in
a
table
format.

• Print
map
with
a
title,
scale,
and
neat
line.
• Link
any
number
of
layers
to
unlimited
number
of
external
databases
• Hyperlink
scanned
documents
to
features
for
easy
retrieval.

Selecting
Features
and
obtaining
information
about
them:

5.G.a
Packet Pg. 185 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 14 Select
by
user-‐defined
radial
buffer
surrounding
selected
parcel(s),
box
and
Polygon:

Search
Mechanism:

5.G.a
Packet Pg. 186 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 15 • Property
Search: Search
by
parcel
number,
situs
address,
owner
name,
street
intersection,
X
&
Y

coordinates,
Latitude
&
Longitude
Printing
Maps:
• Print
maps
using
predefined
templates
containing
title,
scale,
neat
line,
north
arrow
and

disclaimer.

5.G.a
Packet Pg. 187 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 16 • Print
map
with
standard
printing
options
such
as
different
orientations
(portrait
or

landscape),
various
paper
sizes.
• Add/Include
basemap
types
such
as
Google
Street
View,
Aerials
etc.

Viewing
Documents
and
Information
behind
maps:

Print
Mailing
Labels:
• Print
Mailing
labels
(compatible
to
office
product
offerings
from
3M,
Avery
and
other
label

manufacturers)

5.G.a
Packet Pg. 188 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 17 Valve
Isolation:
• Isolate
required
system
valves
to
be
shutoff
for
maintenance
and
automatically
generate
mailing

labels/phone
notification
lists
Google
Street
View
Integration:
• Google
Street
View
has
been
fully
integrated
into
GeoViewer.

There
is
no
need
to
leave

GeoViewer

5.G.a
Packet Pg. 189 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 18 OPTIONAL – CCTV

MODULE
GeoViewer’s
CCTV
module
allows
CCTV
video
and
PACP
inspection
information
to

be
displayed
directly
within
GeoViewer.

GeoViewer
can
integrated
with
popular

CCTV
packages
including:
• Flexidata
• WinCan
• CUES
OPTIONAL – SCADA INTEGRATION
The
District’s
SCADA
information
can
be
integrated
into
GeoViewer
through
the
SCADA

module.

Depending
on
the
security
requirements
for
the
District,
the
module
can
retrieve
SCADA

data
in
real
time,
or
can
connect
to
a
copy
of
the
SCADA
data.

5.G.a
Packet Pg. 190 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) COST

PROPOSAL
FIXED
COSTS
One
time
setup
fee....................................................................................... $5,000

RECURRING
COSTS
iPad
Annual
GeoViewer
Mobile
Hosting
fee ...................................$15,000
for
10 iPads
GeoViewer Online
Annual
fee
(Unlimited
Licenses)..................... ............... $6,000

TOTAL ......................................................................................................... $21,000 per year
Billing
Rates
Project
Manager....................................................................................................$150 per
hour
Project
Advisor......................................................................................................No charge
Technical
Manager................................................................................................$150 per
hour
Lead
Software
Architect........................................................................................$130 per
hour
Programmer..........................................................................................................$100 per
hour
Direct
Costs
will
be
billed
per
approved
rates
of
the
City
Exhibit B
Cost Proposal

5.G.a
Packet Pg. 191 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 1 Professional Services Agreement Insurance Requirements Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

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

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

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

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

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

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

Other Insurance Provisions

1. The policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be Exhibit C
Insurance Requirements

5.G.a
Packet Pg. 192 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 2 provided in the form of an endorsement to the Consultant’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. b. Primary Coverage: For any claims related to this contract, the Consultant’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss.

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

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

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

Claims Made Policies

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

5.G.a
Packet Pg. 193 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel) 3 the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

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

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

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

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

5.G.a
Packet Pg. 194 Attachment: Attachment A - CT 2810 - Nobel Systems (5656 : Mod 1 - CT 2810 - Nobel)

CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
Michael Samuel President
03/06/2023
[email protected] (909)708-4029
CT #2810
Nobel Systems, Inc
Michael Samuel
Michael Samuel

5.G.b
Packet Pg. 195 Attachment: FY 22-23 Oaks (Nobel Systems, Inc.) (5656 : Mod 1 - CT 2810 - Nobel) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.H
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Award Purchase Order to Xylem Water Solutions USA, Inc for Purchase of Two (2) Flygt Pumps
Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The City of Santa Monica’s Public Works Department, Water Resources Division collects and disposes of 14 million gallons of wastewater per day in the City; the majority of the wastewater is conveyed to the City of Los Angeles’ Hyperion Treatment Plant for treatment. The Moss Avenue Pump Station (MAPS), a critical part of wastewater infrastructure in the City, is located adjacent to the Santa Monica Pier and uses four wastewater pumps to convey the City’s wastewater to the Hyperion Treatment Plant. The current wastewater pumps at MAPS are obsolete and continue to experience service malfunctions and outages that put the City at risk of a major sewer overflow event. Staff recommends that Xylem Water Solutions USA, Inc (Xylem) be awarded a purchase order to provide two (2) Flygt replacement pumps, as an exception to the competitive process, as the wastewater pumps are proprietary to Xylem and currently

5.H
Packet Pg. 196
2 of 3
have a long lead time (6-8 months) due to supply chain shortages. The equipment replacement cost for MAPS is reimbursed by the City of Los Angeles.

Discussion
The City’s wastewater travels approximately nine miles south along the coast to El Segundo and requires sewer lift stations along the way to convey it to the Hyperion Treatment Plant. The MAPS is a partnership between the City of Los Angeles and the City, where the City is responsible for operating the wastewater pump station and the City of Los Angeles reimburses the City for operation and maintenance costs, including equipment replacement. The four pumps currently in service at the MAPS are obsolete and have required significant maintenance and repair due to clogs and corrosion caused by the harsh environmental elements in the coastal environment. To ensure reliable service at MAPS, the Water Resources Division has been renting an emergency standby pump and generator for extended durations as two out of the four available pumps have experienced prolonged service outages.

To improve operational reliability at the MAPS, staff is proposing to replace the wastewater pumps at MAPS with Xylem’s proprietary NT 3356 pump, which uses a patented N impeller to minimize clogging by materials such as rags, baby wipes, and debris that typically plug conventional wastewater pumps. The Xylem NT 3356 pump also provides superior corrosion resistance over the existing pumps.

Exception to Competitive Bidding
Staff recommends Xylem Water Solutions USA, Inc to furnish and deliver two (2) Flygt NT 3356 pumps as an exception to competitive bidding per Municipal Code 2.24.250(b). This purchase meets the City’s exception to competitive bidding criteria (b), as the wastewater pumps are proprietary to Xylem.
b. When a good or service is copyrighted, patented or only available from one license holder, including, proprietary goods, original equipment manufacturers and/or exclusive distributors.

Environmental Review
The replacement of wastewater pumps at MAPS is categorically exempt pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines. Section 15302 exempts Class 2 projects which

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“consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced”. The new wastewater pumps would replace existing wastewater pumps with essentially the same purpose and capacity, and therefore, the wastewater replacement pumps are categorically exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Wastewater Fund to award a purchase order to Xylem Water Solutions USA, Inc. for the purchase of two replacement wastewater pumps at MAPS. The cost of purchasing the two replacement pumps will be reimbursed by the City of Los Angeles as part of the agreement between the City of Santa Monica and City of Los Angeles to operate MAPS and will be realized in FY 2023-24 when the reconciliation is submitted to City of Los Angeles for reimbursement.

Purchase Order Request
FY 2022-23
Request Amount Department Account # Total Purchase Order Amount $300,000 51500001.529420 $300,000
Prepared By: Chris Aguillon, Water Resources Protection Specialist Approved Forwarded to Council
Attachments:

A. FY 22-23 Oaks Initiative (Xylem)

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CITY OF SANTA MONICA

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #
;\OHP:DWHU6ROXWLRQV86$,QF
5LFDUGR*XDQLR
Ricardo Guanio Direct Sales Representative
January 25, 2023
[email protected] 562-382-3930
None
Matthew Pine, Michael McGann, Richard Pangrazzi, Paul Fosthoefel

5.H.a
Packet Pg. 199 Attachment: FY 22-23 Oaks Initiative (Xylem) (5665 : Flygt Pumps for Moss Ave Pump Station) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 5.I
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid to CG, Inc. for Detail Repairs of Transit Bus Body Components Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4447 to CG Inc. for detail repairs of transit bus body components for the Santa Monica Department of Transportation; and,

Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), operates 195 transit buses providing over 600,000 rides each month. While in service, transit buses experience body damage resulting from normal wear, road damage, and accidents that require repair and painting services. Bus body repair services are required to ensure that buses can be repaired and returned to service in a timely manner. Staff recommends that Bid #4447 be awarded to CG Inc. and that the City negotiate and execute an agreement with CG Inc. for body repairs to transit buses for a five-year period in an amount not to exceed $754,160 for the first year with a total five-year contract not to exceed $4,003,938 including a 10% contingency and a 3% annual cost escalator.

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Discussion
DOT takes pride in maintaining its fleet of transit buses in a like-new condition free of significant paint or body damage. Body repair services consist of repair, replacement, and fabrication of bus body panels, painting of body panels and surfaces as needed, and repairs to bus structural components. DOT staff perform minor body repairs inhouse; however, repairs and painting resulting from major accidents exceed DOT’s capabilities, workspace, and staffing levels to repair.

DOT has customarily contracted its bus body repair and paint services in accordance with the guidance set forth in the “Contracted and As-Needed Staffing Review Policy, Practice Recommendations” report approved by Council on January 13th, 2015. Transit bus body repairs require specialized technical expertise, space requirements, and capital equipment and pose an excessive risk to the City. Bid #4447 requires that the vendor provide all equipment and materials necessary to repair and replace bus body panels and structural components. Additionally, the bid requires that the vendor have a fully enclosed paint booth in their facility in accordance with Federal, State, and local rules and regulations, and requires vendors to have certified painters and technical staff. Based on the need for specialized training, equipment, and facilities staff recommends the award of Bid #4447 to CG Inc.

Vendor/Consultant Selection
Best and Only Bidder CG Inc.

Municipal Code SMMC 2.24.180
Evaluation Criteria
Price, quality of services offered, ability to perform all services, bidder experience and history providing these services to the Department of Transportation.

Submittals Received
Clean Energy $ 4,003,938
Bid Data
Date Posted Posted On
Advertised in
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
2/23/2023 ProcureNow
Santa Monica Daily
Press 5 3/15/2023

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Additional Vendor Outreach and Justification to Award
The City received two "No Bid" responses from Gillig and Complete Coach Works that stated they do not offer the services sought or could not submit a competitive bid, under Bid #4447. CG Inc.'s bid cost represented a reasonable increase over the current contract pricing. CG Inc. also submitted paint samples, per the bid requirements, that were free from defects and demonstrated acceptable paint quality.

Additionally, CG Inc has a positive history of providing transit bus body repairs for DOT transit buses. Based on the evaluation criteria, CG Inc. is recommended as the best bidder.

Environmental Review
The project is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The awarded contract would address the maintenance responsibilities of existing transit buses, and therefore, it has been determined that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to award a contract with CG Inc. for transit bus painting and body repairs. Future year funding is contingent on Council budget approval.

Contract Request
FY2022-23 Budget
Request Amount Department Account # Total Contract Amount $100,555 60600008.550012 $3,203,150
$25,139 C6004750.689000 $800,788

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Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. CG Inc. Oaks

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Report
City Council Meeting: April 25, 2023
Agenda Item: 5.J
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid to Ultimate Maintenance Services Corporation for Cleaning of Bus Stop Shelters for the Santa Monica Department of Transportation Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption (Class 1 Existing Facilities) pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.

2. Award Bid #4441 to Ultimate Maintenance Services Corporation for cleaning of bus stop shelters for the Santa Monica Department of Transportation; and,

Summary
Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DOT), operates 195 transit buses across 69 square miles of greater Los Angeles providing over 600,000 rides each month. DOT serves more than 900 bus stops throughout its service area with varying amenities including signage, lighting, benches, and shelters. These bus stops experience a high volume of foot traffic and require regular cleaning and maintenance to ensure that BBB customers experience clean and comfortable bus stops. Staff recommends that Bid #4441 be awarded to Ultimate Maintenance Services Corporation for custodial services at BBB bus stops for five years in an amount not to exceed $230,388 for the first year with the total five-year contract not to exceed $1,318,450, which includes a 10% contingency.

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Discussion
BBB operates bus service at more than 900 bus stops which are a high-profile element of DOT’s transit system and require regular cleaning and signage replacement. DOT currently contracts this service to ensure that bus stops and zones remain clean, providing a pleasant environment for BBB passengers. Santa Monica bus stops feature varied shelter configurations to accommodate high, medium, and low volume stops including a sign unit, shade units, and seating for two to six customers depending on location. Stops outside of Santa Monica have varying amenities including a pole, target, seating, eye level signs, and specialty signage.

All bus stops require routine cleaning to provide a safe and pleasant environment for customers, an important part of DOT’s maintenance standards and customer experience model. The cleaning of each bus stop consists of:
• picking up trash,
• sweeping any debris from the transit cement pad,
• pressure washing the cement pad on an as-needed basis, • wiping down transit furniture,
• cleaning, polishing, and hand wiping shade structure ceiling panels and signs, • cleaning solar panel arrays and lighting systems,
• disinfecting seats, seat-backs, and arm-rests,
• removing graffiti, stickers, and non-transit related signs and posters on all bus stop signs and furniture.

The vendor may also post temporary system information and updates as requested by DOT.

DOT has traditionally contracted the custodial cleaning of its bus stops due to the need for specialized capital equipment and to limit the City’s risk. The “Contract and AsNeeded Staffing Review Policy, Practice, Recommendations” report submitted to Council on January 13, 2015, recommended that bus stop cleaning be contracted out due to the need for specialized capital equipment including trucks and pressure washing equipment to clean bus stops, and remove waste. Based on the need for specialized

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capital equipment and mitigation of the City’s risk, staff recommends the award of Bid #4441 to Ultimate Maintenance Services.

Vendor/Consultant Selection
Bidder Recommendation
Best Bidder Ultimate Maintenance Services Corporation
Evaluation Criteria Price: the ability, capacity, and skill of bidder to perform bus detailing services, the capacity of bidder to provide bust stop custodial services, and experience providing custodial services.

Municipal Code SMMC 2.24.180
Bid Data
Date
Posted Posted On
Advertised In (City Charter
& SMMC)
Vendors
Downloaded
Date
Publicly
Opened
2/3/2023
City's Online
Bidding Site Santa Monica Daily Press 34 3/8/2023
Submittals Received
Executive-Suite
Services, Inc. $ 2,287,731 Fleetwash, Inc. $ 1,729,858
ShelterClean Services $ 1,881,943
Ultimate Maintenance
Services $ 1,318,450
Urban Graffiti
Enterprise $ 1,738,195
Woods Maintenance
Services $ 1,766,874
Bidder Justification
Bids were evaluated based on the criteria in SMMC 2.24.180 including price, ability to provide service, experience, and capacity to provide reliable service. Staff recommends Ultimate Maintenance Services as the best bidder based on experience performing custodial services at transit stations and office facilities and is the lowest cost bidder.

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The awarded contract would address maintenance responsibilities of existing transit stops, and therefore, it has been determined that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines. Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2 apply to this project.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to award a contract with Ultimate Maintenance Services for custodial services at Big Blue Bus stops. Future year funding is contingent on Council budget approval.

Contract Request
FY2022-23 Budget
Request Amount Department Account # Total Contract Amount $38,398 60600011.550019 $1,318,450
Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Ultimate Maintenance Oaks

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5.J.a
Packet Pg. 209 Attachment: Ultimate Maintenance Oaks (5679 : Award bid for bus stop cleaning)

5.J.a
Packet Pg. 210 Attachment: Ultimate Maintenance Oaks (5679 : Award bid for bus stop cleaning) 1 March 11, 2023
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 11, 2023
A special meeting of the Santa Monica City Council was called to order by Mayor Davis at 9:06 a.m., on Saturday, March 11, 2023, at the Main Library, Multi-Purpose Room, 601 Santa Monica Blvd., Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
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 9:07 a.m., with all members present. Assistant City Attorney Susan Cola led the assemblage in the Pledge of Allegiance.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Emery Cunningham, Maya Williams, Willa Ross, Micah Quist, Fernanda Casas, Cris Gutierrez, Dan Hall, Jerry Rubin, Jennifer Cowan, Carol Lemlein, Nicole Faries, Judith Meister, Danielle Borgea, Alicia Mignano, Juan Matute, Denise Barton, Julie Taren, Caro Vilaw, Kent Strumpell, Steve Atamian, Angel Villasenor, Ana G. Jara, Kristin McCowan, Ericka Lesley, and Heather Nevell commented on the recommended action.

STAFF

ADMINISTRATIVE
ITEMS:

11.A. 2023 Council Workshop to Select Council Priorities and Provide Direction on the Fiscal Year 2023-2025 Budget, was presented.

Recommended Action
Staff recommends that the City Council:

1. Receive the FY 2023-24 through FY 2027-28 Five Year Financial Forecast;

2. Consider and approve the proposed organizational priorities;

3. Discuss and provide direction on items that will inform the preparation of the Fiscal Year 2023-2025 budget, including:

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a. A proposed allocation of Measure CS funds;
b. A Strategic Plan to address homelessness, funded on a onetime basis using Measure CS funds; c. A conceptual framework for a new organizational structure to align and focus the City’s work on Council priorities, the implementation of newly adopted tax measures including
Measure GS, and the Moss Adams Homelessness Study;
d. Potential reallocation of existing resources to reinvest in restorations and initiatives that align with Council priorities Questions on the Comprehensive Budget and the Organization Overview and Status Update were asked and answered of staff included: what’s a healthy amount for reserves for us to be back where we were prior to the pandemic; how does our reserves compare to other cities in the region; what is the reason the city might get to a 20% reduction in staffing in the next few years; how will this 20% reduction impact the various departments and the impact on the clean and safe priority; how are we planning for the loss of institutional knowledge with the possible 20% reduction in staff; is the city working to attract younger workers with the local high schools and colleges; what is the optimal percentage turnover rate for any organization; has the change in the pension plan affected our ability to recruit; what measures are being considered to make hiring more appealing for the future workforce; what is being considered when Finance creates the 5-year financial forecast; why do the Pier and Beach funds need subsidies, and is there anything we can do differently to make sure we don’t need to subsidize those two funds; what is the annual percentage rate for subsidies to the Beach and Pier funds; what is the increase in our debt due to state liabilities this year, and what will it be next year; what have we traditionally paid in advance to pay down our PERS liability, and what’s the liability of not paying it down; would there be a long-term budget advantage to contracting out some of the specific city services; has there ever been a study done to see what the cost would be to contract out certain department services; what is our optimum staffing to meet community need versus restoring all the pre-pandemic staffing numbers; what is our cost to provide free afterschool programs, and what is the School District’s obligation; is there a breakdown of how last year’s surplus is being used; an increase in parking rates on the Pier and Beach, are those already approved and just waiting for approval from the Coastal Commission, or does that still need to be approved by the Council; what would be the costs savings to making our reserves 13%; is development of cannabis locations underway which could bring in revenue from Measure HMP; is the reason we aren’t able to provide afterschool access due to the recommended increase in staffing issues as a result of an audit as a result of the sexual abuse case; is our staffing levels higher than other cities in our region because Santa Monica has a beach, Pier and Airport that other cities don’t have, as well as the number of tourist that come into our city on a regular basis; what is the

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amount of revenue the city receives as a result of tourism; what effect does having a high bond rating have on the amount of our reserves; with staffing demands, are there other state and federal regulations that now require more staffing to provide certain services (i.e. RRR state mandate to have separation of organics); how many additional cases are pending as a result of the Eric Uller sexual assault case; what are our top five revenue generators in terms of categories; for staffing, could the general fund be separated out from Enterprise funds in order to improve the way the numbers are reported out; what is the general fund revenue projection through 2028 compared to the general fund forecast for that same period; how much of the revenue is from one-time funds from the state or federal funding; are the liability claims being included in the forecast, and do we know how much liability there will be for the California Voters Rights Act (CVRA) case going forward.

On order of the Mayor, the Council recessed at 12:00 p.m. for a break, and reconvened at 12:35 p.m. with all members present.

Questions asked and answered of staff on Council Priority Setting and Priority Implementation included: who conducted the survey to determine the priorities; has the city considered obtaining metrics to measure the impact of the priorities and how we’re doing; is there a point that youth services and afterschool programs can be included in one of the current priorities; since we haven’t met all of our 2021 priorities, does it dilute our focus by adding two more priorities; is there a way to see how staffing is tied to the priorities; what else can be done to make sure seniors needs are simultaneously addressed the same as the youth; can the priority be renamed to Racial Justice Equity & Social Diversity; is it accurate to say Addressing Homelessness, Clean & Safe Santa Monica and Cultivate Economic Recovery and Expand Community and Cultural Amenities are more budget driven, while Racial Equity and Social Diversity and Sustainable & Connected Community are more values; add the word discrimination in the definition of Racial Equity and Social Diversity; and add businesses after the consequences that continue to impact residents to the Racial Equity & Social Diversity definition; would it be consistent to add a sentence that reflects everyone in Santa Monica should have the ability to thrive; how is racial equity going to be baked into recruitment, promotion, and disputes amongst staff; how are our job specs written to rid of racial inequity; how is the city including equity in every avenue throughout the city; and, how is a green economy being created and considered.

Considerable discussion ensues on Council Priority Setting and Priority Implementation limited to, but included: looking at creating a metrics to measure where we are with the priorities; prevention, intervention for youth and students to make sure services are reaching those who need help; need

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to address Environmental Justice as part of Environmental and Sustainability issues; citywide before and after school care, as well as libraries are good policies; see that the city is working to dismantle institutional racism; the two additional priorities are important to Santa Monica’s identity; add that the city is committed to ways to Learn as part of the Equity definition; important to prioritize youth and afterschool programs to the priorities; maybe create subtitles under the priorities to breakdown and focus on some of the more value oriented priorities; would like more support in ways for the community to have more access to community meetings.

Motion by Mayor Davis, seconded by Councilmember Brock, to affirm the amended priorities from March 2021/FY 21-23. Recommendations with changes to the priorities included: under Cultivate Economic recovery and Expand Community & Cultural Amenities Offerings to revise the definition to: Cultivate economic opportunity and recovery and invest in community and expand cultural amenities programs for all community members, focus on expanding opportunities for youth, teens and seniors.

The motion was unanimously approved by voice vote, by all members present.

Motion by Mayor Davis, seconded by Councilmember Torosis, to establish language and affirm inclusion of two additional priorities with the following changes:

Change the title of Racial Equity & Social Diversity to Racial, Justice, Equity & Social Diversity.

Revise the definition to: The City of Santa Monica acknowledges the effects of generational and institutional racism and discrimination, and its consequences that continue to impact our residents and businesses. These lessons of our history cannot be ignored. The City is committed to advancing racial equity and social diversity to improve the wellbeing of people who live, work, learn, play, and do business in our City and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities. Everyone in Santa Monica must have an opportunity to thrive.

Sustainable & Connected Community definition was amended to:

Ensure that City policies and programs enhance our resources, prevent and remedy harm to the natural environment and human health, and benefit the social and economic wellbeing of the community for the sake of current and future generations.

Questions on Priority Implementation for Budget Direction of staff

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included: weren’t those two departments separate before the pandemic; in only keeping this as one department, can that money be better used opening libraries or restoring more youth services; if this department is separated into two, how quickly would the city be able to recruit a Director of Housing and Homelessness; does that mean the city doesn’t have to wait until July to hire for that position; will there be allocation for a full department, including a staff on day one, if the Council decides to move forward with this reorganization, and how much general fund money will be used to create this department; what are other jurisdictions doing to respond to Housing and Homelessness; how will tech be used and employed to help monitor home sharing enforcement; have Housing Trust Fund dollars historically been used for staffing; when considering the reorganization, was there consideration that Recreation and Parks should be it’s own separate department; what programs are being proposed to be restored and are they all being fully restored, and which are those; how does the proposed 450 participates compare to the number of those on the waitlist due to lack of staff; how much money is being allocated from the proposed $2.5 million; was there consideration of looking at the Human Services grants program to help bring everything back to full restoration; is there anything in this allocation or biannual budget to getting closer to hybrid meeting; is there any programming on how the DEI allocation would be used; is there any consideration to add Safe Streets for school children in the allocation; is the majority of CS funds being used in most of the hotel areas instead of being used the way residents believed when they voted for this measure to address homelessness in other parts of the city; are the allocations using CS funds written in stone or is there any flexibility on them; as part of the DART program, is there plans to expand at Tongva and Palisades Park; does CS funds give the DART and HLP more funds and hours; does the DART and HLP team need more resources for the upcoming year; since the pandemic, without a Community and Cultural department, was there less of an advocacy for Parks and Rec when the department got realigned; as impacts are made with the various teams in certain areas of the city, are we really making a difference in getting people off the street, or are they just being moved around; if there was an increase in intakes at SAMOSHEL, would this help alleviate some of the end of the line issues that come up with the Metro; does continuing the Clean and Safe programs impact all of the downtown parking structures, including the Library; with CS funds, if the city is able to better identify short-term rentals, then could that lead to more TOT revenue; is developing metrics to show progress being made one of the key purposes to addressing one-time allocation to develop the Homeless Strategic plans ; would the allocation be able to open the Virginia Avenue Teen Center for partial restoration; and, are we on any pathway with connecting with a CARE Court program, like the one the State has implemented.

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Considerable discussion on the Priority Implementation for Budget Direction ensued but not limited to: the short term rental reinforcement seems short sided, and it seems like a better use would be to redirect money to the additional 311 response system, which would be a better use for the community; want to make sure CS funds are being used the way the residents thought they would be used; concern that the Park and Rec is being well overseen and supervised, as that is of high value to both residents as well as visitors; there needs to be a staff member who can be available to directly address recreational and park issues; supports implementation of proposed FY 23-25 budget items, include CS funding; concern over using CS funds to replace positions that were previously funded by the general fund, and that this will potentially use monies that should go to other priorities; concern that it doesn’t make sense to have the CSC department divided into, and if there was any consideration that maybe Rec & Park could fit under an already existing department; support from suspending the paydown pension payments, and supportive of most of the proposed allocation; support of separating CSC into Housing & Homelessness and Recreation and Parks into two different departments; short-term rental is key as well as a good source of revenue; splitting the two departments is necessary, because the city needs someone who is completely knowledgeable of homelessness and housing matters and spending; and, having a separate department head, emphasizing programming for both seniors and the youth as well as expanding programming for arts and cultural services.

Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to affirm the allocation Measure CS in accordance with the recommendation of staff.

Substitute motion by Councilmember de la Torre, seconded by Councilmember Brock, to allocate Measure CS funds as recommended by staff, replacing short-term rental enforcement with expanding and strengthening 311 dispatch community access and responsiveness.

Councilmember Parra proposed a friendly amendment to the substitute motion to keep the short-term rental enforcement and add expanding the 311 dispatch.

After more discussion on costs associated with enhancing the 311 dispatch and code enforcement cost, the seconder and maker of the substitute motion withdrew the motion.

The main motion to affirm the allocation of Measure CS funds in accordance with the recommendation of staff was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock , Parra, Zwick,

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Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Mayor Davis, seconded by Councilmember Brock, to confirm direction on the Homeless Strategic Plan. The motion was unanimously approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Mayor Davis, seconded by Councilmember Brock, to confirm direction to be aligned with priorities & reallocated/restricted resources for Organizational Realignment. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Broc , Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Mayor Davis, seconded by Councilmember Torosis, to: 1) reallocate resources in accordance with staff recommendation; 2) use those resources in the manner outlined by staff; and, 3) direct staff to designate 2% of earnings from the Out-of-Home Wayfinding agreement with Big Outdoor to a Diversity, Equity and Inclusion fund, with the use of that fund developed by staff. The motion was approved by the following vote:

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

ADJOURNMENT
Councilmembers Negrete and
Brock were excused at
3:35 p.m.

On order of the Mayor, the City Council meeting adjourned at 3:37 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor

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Packet Pg. 217 Minutes Acceptance: Minutes of Mar 11, 2023 9:00 AM (CONSENT CALENDAR) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 10.A
1 of 7
To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Introduction and First Reading of an Ordinance amending SMMC Chapter

8.110 adding Gender Neutral Public Restroom Access
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading the attached proposed ordinance to add Chapter 8.110 (Gender Neutral Public Restroom Access) to the Santa Monica Municipal Code.

Summary
The City Council reaffirmed Santa Monica’s commitment to diversity, equity and inclusion at its March 11, 2023 workshop when it identified Racial Justice, Equity and Social Diversity as one of its five priorities for Fiscal Years 2023-2025. This priority in part states that “all community members shall be provided with access to resources and opportunities, where difference in life outcomes cannot be predicted by race, class, gender, disability, or other identities”
While many of us take reliable bathroom access for granted, many do not feel welcome or safe accessing the bathroom of their choice. Gender neutral public restroom access is an important opportunity for the City to demonstrate its commitment to equity, ensuring restrooms are designed to feel safe and accessible by more of our community.

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Pursuant to the authority granted by SB 1194, staff is proposing the adoption of an ordinance amending Santa Monica Municipal Code (SMMC) by adding Chapter 8.110 “Gender Neutral Public Restroom Access” to require multi-stall, all gender, public restroom facilities; and establish associated design standards for all newly constructed buildings for which a complete building permit application is submitted to the City on or after July 1, 2023. Provisions are also included allowing existing buildings to voluntarily retrofit existing public restroom facilities.

Discussion
As part of its 2021 State Legislative Platform, City Council established priorities to guide policy decisions and regulatory matters, which explicitly included the position to, “support legislation that mandates gender neutral multi-stall bathrooms.” In response to this directive, the Cities of West Hollywood and Santa Monica co-sponsored California Senate Bill 1194 (“SB 1194”), which provides authority to cities to require, by ordinance or resolution, that new and/or renovated public toilet facilities be designed, constructed, and identified for use by all genders instead of the design standards for separate facilities for men and women found in Chapter 4 of the California Plumbing Code (CPC).

SB 1194 was signed into law on September 29, 2022, by Governor Gavin Newsom and authorizes a city to require, by ordinance or resolution, that new and/or renovated public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders instead of the design standards for separate facilities for men and women found in Chapter 4 of the California Plumbing Code (CPC). SB 1194 also contains a provision that the Bill shall remain in place until such a date that standards for allgender, multi-user facilities are provided for in the California Building Standards Code.

Pursuant to SB 1194 authority, staff is proposing the attached gender neutral ordinance (Attachment A), which would require all newly constructed buildings for which a complete building permit application for construction is submitted to the City on or after July 1, 2023, to provide gender neutral public restrooms in compliance with the design standards stipulated in the ordinance. The proposed ordinance does not require

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improvements to existing public restrooms, but does include a provision allowing the voluntary retrofit of existing public restroom facilities.

The proposed ordinance requires the provision of restrooms that are not specific to gender to provide greater inclusivity and equity. Not feeling safe using the restroom influences all aspects of a person’s life and can deter people from accessing education and employment, connecting with friends and community members, seeking medical services, or doing all of the daily mundane things required by life. Surveys have repeatedly shown that a large percentage of the trans and gender non-conforming communities avoid public restrooms and alter their diets to avoid having to use public facilities. These choices to avoid aspects of public life have shown to have broad impacts to mental and physical health. Further, we have all experienced at some point when women are lined up to use facilities while men have no line. There are also many families with young children of different genders, whereby this would provide greater access for them when family designated stalls are in use.

Establishing gender-neutral restrooms goes beyond simply posting new signs, although that is important. The proposed ordinance requires important design elements of gender-neutral restrooms that ensure private and secure preferred access for all users.

Key elements of the design standards in the proposed ordinance:
• The main entrance to the public restroom space shall not have a door that will obstruct or prevent visual security;
• Stalls will be replaced with private water closets designed enclosed on all sides by walls or partitions extending from up to one inch above the floor and/or from the ceiling and a door enclosing the fixture for privacy for use by no more than one occupant at a time or family/assisted use;
• The door to each individual water closet shall have a locking mechanism controlled by the occupant and with a visible identifier to outside occupants that compartment is occupied;

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• Facilities for washing may be located within the water closet or grouped in an immediately adjacent common use area accessible to all users; • Urinals shall be located in an area visually separated from the remainder of the facility or in an individual compartment(s).
• Substitution of a water closet for each urinal shall be permitted provided the total number of fixtures installed complies with the minimum number of fixtures required by the California Plumbing Code.

The California Plumbing Code requires a minimum number of urinals based on the use and occupancy of a space. The City’s proposed gender neutral public restroom ordinance allows urinals to be substituted with toilets to comply with this requirement; however, exclusion of urinals is not obligatory and overall compliance with the number of required fixtures is ultimately a design choice. The following are examples of gender neutral public restroom designs both with and without the provision of urinals.

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Example 1 Without Urinals
Example 2 With Secure Urinal Area

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The work associated with the research, preparation, and development of this staff report and proposed ordinance is a collaborative, cross-departmental effort between the City Manager’s Office, City Attorney’s Office, Community Development Department (Building and Safety), and Public Works.

Building and Fire Life Safety Commission Action
The Building and Fire Life Safety Commission heard this item at a February 22, 2023, special meeting. Four Commission members were present and the Commission unanimously supported the staff recommendation with the following items of clarification, which have been included and addressed in the proposed ordinance presented to Council.
• Clarification of the applicability of the proposed ordinance due to a typo that identified the regulations as applying to commercial buildings. The reference to ‘commercial’ has been removed. The intent of the proposed ordinance is to apply to all public restroom facilities.
• Clarification of design standard that gender neutral public restroom facilities be located along visible and common/open circulation paths. • Comment regarding the design standard prohibiting an entrance door into public restroom area that may obstruct or prevent visual security; and, clarification of whether direct visibility into the gender neutral public restroom facility is required, or if a 90-degree turn (as an example) is allowed.

Environmental Review
The proposed ordinance amendment to establish regulations and design standards for gender neutral public restroom facilities is exempt from the provisions of the California Environmental Quality Ace (“CEQA”), pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exception). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects as it encompasses design modifications

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and lessening use restrictions for public restroom facilities that would otherwise already be provided in a new development.

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

Prepared By: Ariel Socarras, Building and Safety Manager Approved Forwarded to Council
Attachments:

A. Attachment A - Draft Gender Neutral Public Restroom Ordinance

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1 City Council Meeting: April 25, 2023 Santa Monica, California ORDINANCE NUMBER_______ (CCS)
(City Council Series)

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE BY ADDING “GENDER NEUTRAL PUBLIC RESTROOM ACCESS” TO ARTICLE 8 (BUILDING REGULATIONS) CHAPTER 8.110 (GENDER NEUTRAL PUBLIC RESTROOM ACCESS)
WHEREAS, SB 1194 authorizes a city, country, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction be designed to serve all genders, as specified, instead of complying with the plumbing standards set forth in the California Building Standards Code; and WHEREAS, City Council established City priorities in the 2021 State Legislative Platform, to guide policy decisions and regulatory matters, Council explicitly included the position to, “support legislation that mandates gender-neutral multi-stall bathrooms.”; and WHEREAS, consistent with the Council adopted Framework described in the City of Santa Monica Adopted Biennial Operating Budget FY2019-20, our City provides access to program and opportunities to support the mental health of residents, this ordinance reduces the stress of finding an useable public restroom universally including:
persons of for all genders, parents with children of a different gender than them, and/or caregivers that are a different gender than their dependent; and WHEREAS, consistent with the three tracks approved by the City Council in June 2020: 1) Development of a Black Agenda for Santa Monica, 2) Public Safety Reform, 3) Equity and Inclusion Work in the City Organization; this ordinance enables the City to

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Packet Pg. 225 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 2 allow more equitable and inclusive public restroom environments universally including:
persons of all genders, parents with children of a different gender than them, and/or caregivers that are a different gender than their dependent; and WHEREAS, consistent with the Community Priorities, as determined by City Council in March 2021: 1) Addressing Homelessness; 2) Clean and Safe Santa Monica; 3) Equitable and Inclusive Economic Recovery; this ordinance cultivates equitable and inclusive economic opportunities at educational and employment environments that are also clean and safe universally including: persons of all genders, parents with children of a different gender than them, and/or caregivers that are a different gender than their dependent; and
WHEREAS, this authority will become inoperative and repealed on the date that standards that address universal access in multi-user facilities take effect in the California Building Standards Code; and
WHEREAS, the content and details of this ordinance were the subject of a yearlong legislative process that culminated with Governor Newson signing the bill into law on September 29, 2022.

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

SECTION 1. Santa Monica Municipal Code Chapter 8.110 is hereby added to read as follows:

Chapter 8.110 GENDER NEUTRAL PUBLIC RESTROOM ACCESS

8.110.010 Gender Neutral Public Restroom Facilities Required

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Packet Pg. 226 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 3 All newly constructed buildings shall be required to provide gender-neutral public restroom facilities.

8.110.020 Applicability
(a) Except as provided by paragraph (b), below, the requirements of this Chapter shall apply to public restroom facilities of all new and renovated buildings that constitute Newly Constructed Buildings as provided in Section 8.110.030 for which a complete building permit application is submitted on or after July 1, 2023. (b) The requirements of this Chapter shall not apply to: Newly Constructed Buildings for which a complete building permit application is submitted before July 1, 2023; (c) Existing buildings, that are not considered Newly Constructed Buildings, may voluntarily retrofit public restroom facilities to comply with this Chapter. (d) Pursuant to Health and Safety Code Section 118507, this Chapter requires that public restrooms constructed within the City comply with specific requirements designed to serve all genders instead of complying with the standards set forth in the California Plumbing Code.
(e) This Chapter shall become inoperative and repealed on the date that standards that address all-gender, multi-user facilities take effect in the California Building Standards Code (Title 24 of the California Code of Regulations).

8.110.030 Definitions.

For purposes of this Chapter, the following words or phrases shall have the following meanings:

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Packet Pg. 227 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 4 (a) “Applicant” means any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or state or local government agency applying for a permit for a newly constructed building. (b) “Gender neutral public toilet facility” is defined as a public restroom whose access shall not be restricted to persons of a specific sex or gender identity. (c) “Newly-constructed building” means a new structure that has never before been used or occupied for any purpose, or removal and replacement of an existing structure; or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined Santa Monica Municipal Code Section 9.25.030 (A.1) or (A.2).
(d) “Plumbing Code” means the California Plumbing Code published by the California Building Standards Commission as adopted by reference in Chapter 8.32 of this Article and any local amendments thereto.

8.110.040 Gender Neutral Public Restroom Facilities and Design. (a) Single-User Facilities. Shall be designed and constructed with single-user toilet compartments and identified for use by all genders instead of the design standards for separate facilities for male and female found in the applicable provisions in Chapter 4 of the California Plumbing Code.

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Packet Pg. 228 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 5 (b) Multi-User Facilities. Shall be designed with lavatories located either within toilet rooms or grouped in an immediately adjacent common use area accessible to all users. The following acceptable designs are provided for example purposes only.

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Packet Pg. 229 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 6 (c) Signage. Signage indicating that public toilet facilities are accessible to all users, and not restricted to persons of a specific sex or gender identity, shall comply with Part 5 of Title 24 of the California Code of Regulations and be clearly and conspicuously posted on all entrances to such public restroom facility or facilities. An example of signage that may be used is depicted below:

(d) Design. Gender neutral public restroom facilities shall be designed to serve all genders and shall adhere to the following criteria:
(1) The location of facilities shall be along common and open circulation paths that will maintain privacy and allow for high visibility for security. (2) The main entrance to the space or area where public restroom facilities are located shall not have a door that will obstruct or prevent visual security. (3) Water closets shall be designed as single-user compartments and designated for use by no more than one occupant at a time or for family or assisted use. (4) Water closets shall be enclosed on all sides by walls or partitions extending from up to 1” above the floor and/or from the ceiling, and a door enclosing the fixture for privacy.
(5) Lavatories may be located in the same compartment as a water closet or grouped in an immediately adjacent common use area accessible to all users.

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Packet Pg. 230 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 7 (6) Urinals shall be located in an area visually separated from the remainder of the facility or in an individual compartment(s).
(7) The door to each individual compartment containing a water closet, urinal, or both, shall have a locking mechanism controlled by the occupant. The lock shall visually indicate to outside occupants that the compartment is occupied. (8) Adequate light and ventilation shall be provided within each compartment and each area of the facility.
(9) Windows or glazing used in the compartment enclosures shall be opaque to provide for privacy.
(10) The substitution of a water closet for each urinal shall be permitted provided the total number of fixtures installed complies with the California Plumbing Code. (e) Relation to Other Rules and Regulations. The design standards contained in this Chapter shall not be construed as requiring or authorizing:
(1) A reduction in the number of fixtures or toilet facilities that are required by Title 24, Part 5 of the California Code of Regulations; or (2) A reduction in the number of fixtures or toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the Federal Americans with Disability Act. (f) Alternate Designs. Gender neutral public toilet facilities may be further designed in any manner that provides the greatest access, equivalency and privacy for patrons, and maximizes space, with shared washbasins, enclosed lavatories,

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Packet Pg. 231 Attachment: Attachment A - Draft Gender Neutral Public Restroom Ordinance [Revision 3] (5565 : Adoption of Gender Neutral Restrooms 8 doorknobs, enclosed urinals and/or toilets, or other design features that promote the purposes herein promulgated and that may be most cost-effective for the applicant(s).

Alternate design submission requests shall be reviewed by the Building Official or designee per the provisions in Santa Monica Municipal Code Section 8.08.030(j).

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 effect 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 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:

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DOUG SLOAN
City Attorney

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Report
City Council Meeting: April 25, 2023
Agenda Item: 10.B
1 of 4
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and First Reading of an Interim Zoning Ordinance Extending Interim Zoning Regulations Adopted by Interim Zoning Ordinance 2738 (CCS) to Eliminate the Prohibition of Certain Restaurants with Frontage on the Third Street Promenade
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
On March 14, 2023, Council adopted Interim Zoning Ordinance Number 2738 (CCS) (IZO 2738) which adopted interim zoning regulations to eliminate the prohibition of certain chain fast food restaurants with frontage on the Third Street Promenade. In accordance with Santa Monica Municipal Code Section 9.46.090(C), IZO 2738 is set to expire on June 12, 2023. Staff proposes an extension of the interim zoning regulations that would continue until April 13, 2028. Over this timeframe, staff will monitor the number of restaurants that open on the Promenade as a result of this IZO and will provide periodic updates to Council. Depending on the circumstances, Council could make amendments to the IZO or repeal it.

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Discussion
The Third Street Promenade has long served as a local, regional, national, and international destination, attractive for its blend of retail, dining, services, outdoor atmosphere, entertainment, and proximity to the beach. The COVID-19 pandemic and subsequent economic recovery has been difficult for many segments of the economy, and Santa Monica’s Downtown area, including the Promenade, is experiencing the same uncertainty with the vacancy rate along the Promenade recently rising to 27%. In addition to economic impacts that threaten the health, safety and economic welfare of its citizens and businesses, high vacancy rates may lead to public safety impacts, including, but not limited to, increase calls for emergency services. The Council, staff, and community stakeholders continue to be concerned about the health and vitality of Downtown overall and the Third Street Promenade area in particular.

In light of current economic conditions and the high vacancy rate along the Promenade, on March 14, 2023, Council adopted an IZO that eliminated the prohibition of certain restaurants with frontage on the Third Street Promenade and restored the ability to allow a full range of Limited-Service and Take-Out Restaurants. This increases flexibility of use and opportunities for economic recovery by enabling additional dining options on the Promenade for the duration of the interim ordinance.

The Interim Zoning Ordinance is proposed to remain unchanged as it is still too early to gauge the benefits and impacts the initial IZO has had since its adoption. No new restaurants with more than 150 locations nationwide have yet to open on the Promenade since the adoption of the IZO in March.

The interim ordinance became effective on April 13, 2023, and is set to expire on June 12, 2023. Council may extend the interim ordinance until April 13, 2028, allowing the IZO to be in effect up to 60 months in accordance with Santa Monica Municipal Code (SMMC) Section 9.46.090(C).

Staff recommends extension of the IZO for the allowable 60 months until April 13, 2028.

As the economic recovery from COVID-19 continues and the retail landscape evolves,

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the Promenade’s competitive advantage will depend on the ability to deliver on a range of unique dining, retail, and entertainment uses with an emphasis on promoting a diverse base of eating establishments. The proposed extension would allow staff an opportunity to monitor the number of restaurants that open on the Promenade as a result of this IZO and provide periodic updates to Council. The proposed extension would not preclude Council from revisiting the IZO prior to its expiration to potentially amend the provisions or duration of the IZO. Depending on the circumstances, Council could make amendments to the IZO or repeal it.

Past Council Actions
Meeting Date Description
03/14/23
(attachment A)
Second Reading and Adoption of an Interim Zoning Ordinance Eliminating Prohibition of Certain Restaurants in
Establishments with Frontage on the Third Street Promenade Environmental Review
The proposed ordinance is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Neither the general plan land use designations nor zoning designations for the properties within the Third Street Promenade Area will be changed. Therefore, no further environmental review under CEQA is required.

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

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Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:

A. City Council Meeting - March 14, 2023 (Web Link)
B. CDD--IZO re Fast Food on Promenade Extension 042523

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1 City Council Meeting: April 25, 2023 Santa Monica, California ORDINANCE NUMBER _____ (CCS)
(City Council Series)

AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA EXTENDING INTERIM ZONING REGULATIONS ADOPTED BY INTERIM ZONING ORDINANCE NUMBER 2738 (CCS) AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040 TO ELIMINATE THE PROHIBITION ON FAST

FOOD RESTAURANTS IN ESTABLISHMENTS WITH FRONTAGE ON THE THIRD

STREET PROMENADE
WHEREAS, on July 25, 2017, the City Council of the City of Santa Monica (the “City Council”) adopted the Downtown Community Plan (“DCP”) which sets forth a vision for the continued vitality of the Third Street Promenade as a major public space framed by a mix of retail, restaurants, and services that form unique experiences enjoyable to both residents and visitors; and
WHEREAS, the DCP supports activities that enrich the Promenade, including street performances and events that enliven the street and provide memorable experiences for visitors, while also seeking to expand cultural opportunities including live music venues and upgraded state-of-the art cinemas; and WHEREAS, the DCP acknowledges that the Promenade is an essential component of the Downtown’s economic sustainability and emphasizes the importance of reevaluating and refreshing the Promenade so that it remains attractive and exciting to residents and visitors alike; and
WHEREAS, DCP Goal LU3 contemplates that the Downtown will continue to be the economic center for the City, providing a diverse and flexible mix of uses that can meet future resident, business and visitor demand; and

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Packet Pg. 238 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 2 WHEREAS, fast food chains are formula establishments with numerous locations and standardized features, such as façade, décor, color scheme and signage, dependent on brand recognition created through repetition of the same characteristics for each store in multiple locations; and
WHEREAS, the DCP permits fast food chains on the Third Street Promenade; and WHEREAS, on November 27, 2018, the City Council adopted Urgency Interim Zoning Ordinance Number 2594 (CCS) (“Interim Zoning Ordinance 2594”), which created new use classifications for Restaurant, Fast Food and Restaurant, Limited-Service and Take-Out for the BC (Promenade) District and prohibited Restaurant, Fast Food with more than 100 locations nationwide in establishments with frontage on the Promenade; and
WHEREAS, Interim Zoning Ordinance 2594 was designed to preserve the authentic character of the Third Street Promenade and provide visitors with a distinctive experience not found in most downtown shopping districts while the City evaluated current zoning regulations for opportunities to retain the Promenade’s authenticity, encourage local uses, and promote unique visitor experiences through the “Promenade

3.0” planning process; and
WHEREAS, on January 8, 2019, in accordance with Santa Monica Municipal Code Section 9.46.090(D) and Government Code Section 65858(b), the City Council adopted Urgency Interim Zoning Ordinance 2600 (CCS) (“Interim Zoning Ordinance 2600”) extending Interim Zoning Ordinance 2594 for 10 months and 15 days to November 26, 2019; and

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Packet Pg. 239 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 3 WHEREAS, on November 12, 2019, in accordance with Santa Monica Municipal Code Section 9.46.090(D) and Government Code Section 65858(b), the City Council adopted Urgency Interim Zoning Ordinance 2625 (CCS) (“Interim Zoning Ordinance 2625”) extending Interim Zoning Ordinances 2594 and 2600 for 12 months to November 26, 2020; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020 the Director of Emergency Services issued a Third Supplement to the Executive Order, requiring the closure of a wide range of businesses including bars, nightclubs, on-premises restaurant service, movie theatres, live performance venues, gyms, fitness centers, spas, hair salons, massage parlors, and nail salons; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and

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Packet Pg. 240 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 4 WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its earlier March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, since March 19, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, recognizing the issues posed by existing community transmission of COVID-19 in Los Angeles County, and in response maintaining public health measures that have, at differing times, included strict limitations on public gatherings, required closures of certain businesses, and strict limitations and protocols for the operations of businesses permitted to remain open; and
WHEREAS, the economic impacts of the COVID-19 closures of and limitations on businesses have been devastating to the local Santa Monica economy; and WHEREAS, the hardest hit sectors in Santa Monica include retail and arts/entertainment/leisure, initially representing the temporary closure of over approximately 1,300 businesses employing approximately 11,000 people; and WHEREAS, the City’s business improvement districts have reported that at least 70 small businesses have permanently closed across many sectors, including retail, leisure, and restaurants; and
WHEREAS, some of the actions that the City has taken during this state of emergency to support local business are: commercial eviction protections; suspension of late fees for City-imposed bills and taxes and parking restrictions in green zones; a website with business resources; and assistance for restaurants and food retailers by

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Packet Pg. 241 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 5 allowing sales of alcohol via delivery and takeout, providing flexibility for restaurants to sell groceries, and allowing curbside pickup; and
WHEREAS, the City is also building upon the existing Buy Local program and providing free marketing support through an interactive map showing available essential services providers that are open providing an avenue for Santa Monica residents to support local businesses; and
WHEREAS, the City is also building upon the existing Buy Local program and providing free marketing support through an interactive map showing available essential services providers that are open providing an avenue for Santa Monica residents to support local businesses; and
WHEREAS, on April 14, 2020, the City Council directed that restructuring City services be prioritized on foundational services, emergency response, and economic recovery; and
WHEREAS, on January 26, 2021, the City Council adopted Ordinance Number 2661 (CCS) amending the text of the Zoning Ordinance to prohibit certain fast food chains with more than 150 locations nationwide in establishments with frontage along the Third Street Promenade while Promenade planning efforts and economic recovery continued; and
WHEREAS, the City has continued to engage in an economic recovery strategy that involves a multi-pronged approach focusing on five areas: business retention and reopening; business process and permitting; publicity and marketing, community economic development, re-employment, and local hiring; and federal and state resources; and

10.B.b
Packet Pg. 242 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 6 WHEREAS, the Promenade’s past success has resulted from the creation of an authentic urban retail, dining, and cinema experience; and WHEREAS, as the commercial and economic landscape evolves, the Promenade’s economic recovery and competitive advantage will depend on its ability to deliver on a diverse range of unique dining, retail, and entertainment uses; and WHEREAS, the ongoing COVID-19 pandemic and subsequent economic recovery has been difficult for many segments of the economy, even in light of economic efforts that are currently underway, the Downtown area is experiencing economic uncertainty, with the vacancy rate along the Promenade recently rising to 27%; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and
WHEREAS, vacancy rates, in addition to economic impacts that threaten the health, safety and economic welfare of its citizens and business, may lead to public safety impacts, including, but not limited to, increased calls for emergency services; and WHEREAS, as restaurant environments across the region and country continue to evolve, there is a need to adjust allowed uses and dining options to enable economic recovery and provide increased flexibility to minimize vacancies on the Third Street Promenade; and
WHEREAS, recent inquiries have been made to potentially enable additional dining options on the Promenade; and
WHEREAS, due to the continued economic uncertainty arising out of the COVID19 pandemic, the high vacancy rate along the Promenade, the City Council desires to

10.B.b
Packet Pg. 243 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 7 eliminate the prohibition on fast food chains with more than 150 locations nationwide in establishments with frontage on the Promenade to increase flexibility of use and opportunities for economic recovery; and
WHEREAS, on March 14, 2023, the City Council adopted Interim Zoning Ordinance Number 2738 (CCS) (“IZO 2738”), which established interim zoning regulations to amend Santa Monica Municipal Code Section 9.10.040 by eliminating the prohibition on fast food chains with more than 150 locations nationwide in establishments with frontage on the Promenade (the “interim zoning regulations”); and WHEREAS, in accordance with Santa Monica Municipal Code Section

9.46.090(C), the interim zoning regulations established by IZO 2738 will expire on June 12, 2023, sixty days after its effective date; and
WHEREAS, Section 9.46.090(C) authorizes the City Council, after notice and a public hearing, extend interim zoning regulations established by an interim zoning ordinance for up to 60 months; and
WHEREAS, the City Council desires to extend the interim zoning regulations in accordance with Section 9.46.090(C) to allow the City ensure that an over proliferation of fast food chain restaurants does not occur on the Promenade by monitoring increases to the number of those fast food restaurants along the Promenade; and WHEREAS, on April 25, 2023, the City Council conducted a duly-noticed public hearing to consider an extension of the interim zoning regulations, and, after considering oral and written testimony, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare continues to exist due to the devastating impact the COVID-19-mandated closures and limitations have had on

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Packet Pg. 244 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 8 the local economy, including, but not limited to, the high vacancy rate on the Third Street Promenade, and the approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with the prohibition on fast food chains with more than 150 locations nationwide in establishments with frontage on the Third Street Promenade would result in a threat to public health, safety, and welfare.

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 9.11.040, Specific Limitation 22 shall not apply.

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

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Packet Pg. 245 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating 9 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

SECTION 5. This Ordinance shall be of no further force or effect as of April 13, 2028.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 246 Attachment: CDD--IZO re Fast Food on Promenade Extension 042523 [Revision 1] (5686 : Extension of an Interim Zoning Ordinance Eliminating City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 10.C
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To: Mayor and City Council
From: Danielle Noble, Acting Director, Community Services Department, Community Recreation
Subject: Introduction and Adoption of an Urgency Ordinance Amending Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to CEQA Guidelines Section 15304 (minor alterations to land)

2. Introduce and adopt the urgency ordinance amending Chapter 4.68 to allow for “Open Street” Community Events to promote public safety and welfare, and associated changes.

Summary
Santa Monica Municipal Code (“SMMC”) Chapter 4.68 is the Community Events law, which, among other things, authorizes and provides regulation on the various types of community events allowed in the City. The proposed changes include a new category of Community Event: “Open Street Event,” that temporarily prohibits vehicular traffic from using a street and “opening” that street to other modes of human-powered transportation including pedestrians and cyclists, as well as associated festive uses.

Historically, requests received from local partners required Council action via the adoption of a resolution to authorize a road closure and authorization to enter into a Memorandum of Understanding with the event producer. Such closures are allowed under the California Vehicle Code and staff recommends changes to the Community Events law to allow “Open Street” events without requiring a license agreement and Council action for each individual event. These changes will allow for more “Open

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Street” events to take place in support of the City’s economic recovery and will reduce the burden on staff and Council and sets in place a policy for when these events can occur.

Additionally, staff proposes to reduce to the number of signatures required to hold a block party from the current two-thirds (67%) requirement to 51%. This change will make it easier for residents in multi-family neighborhoods to hold block parties, increasing community connectedness and wellbeing. Further, the street typologies eligible for block parties are proposed to be expanded from Neighborhood Streets exclusively to also include the Shared Street and Avenue: Industrial typologies, as identified in the Land Use and Circulation Element (LUCE).

For “Open Street” events the following alternative is presented for Council consideration:
• Replacing the requirement to obtain signatures of 51% of business or residents within the closure area of an “Open Street” event with a requirement for written approval from the neighborhood association or business improvement district associated with the area where the “Open Street” Event is proposed to occur and increasing the minimum time for noticing all residents and businesses of the event in the closure area from 10 days to 14 days.

Background
Recognizing the substantial community and economic benefits that may result from community events, the City has a comprehensive, coordinated process for managing events on public property and ensuring health and safety, which is codified in SMMC Chapter 4.68, Community Events law. The Community Events law establishes the City’s framework for permitting community events to use City streets, parks, open spaces, and City facilities licensed to private parties. The proposed amendment restructures Section

4.68.040 to clarify the definition of a community event requiring a permit, and the types of events that are exempt from the permit requirement. Permits continue to be required for the following:

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1. Parades and assemblies that use the public right-of-way and are likely to impede the free use of the space or not comply with traffic regulations,

2. Activities that involve 150 or more persons on public property or 75 or more persons on the Third Street Promenade, and

3. Events that include a structure requiring a permit from the Fire Department or Building and Safety Division. Permits will also be required for the newly defined category of “Open Street” events.

City staff receive numerous inquiries and requests from individuals and organizations interested in holding “Open Street” events in which a street, or portion of the street, is closed to vehicular traffic. Over the last two years as part of the COVID economic recovery efforts, Council and staff supported a series of “Open Street” pilot events on Main Street. Organizations including the Main Street Business Improvement Association (MSBIA) and Ocean Park Association (OPA) desire the ability to hold more “Open Street” events regularly. The Montana Avenue Merchants Association also desires to hold an “Open Street” event. Recognizing the demand for such events, and the popularity of similar events held in the past, City staff have identified a procedure for allowing for “Open Street” events to occur as a codified Community Event category.

Discussion
Under the Main Street “Open Street” Pilot program, a two-block stretch of Main Street was closed on weekends (once a month) for a series of four re-occurring monthly events. As part of the Main Street Pilot Program, the Main Street merchants and neighborhood residents were surveyed to gauge their support prior to and post-event of “Open Street” events. There was strong support to continue to host fun, safe, familyfriendly outdoor events in the community.

MSBIA and OPA would like to hold another three to four “Open Street” events on Main Street in 2023. Montana Avenue Merchants Association is anticipating closing the entire length of the Montana Avenue commercial district (from 7th Street to 17th Street) for their annual Montana Avenue Art Walk with key intersections open for crossing traffic. This would be a one-day event (Saturday) taking place in late September. Local

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neighborhood associations, schools and church groups have also expressed interest in potential “Open Street” events. Staff anticipate that other events may be held in the future.

The proposed changes define an “Open Street” event as a Community Event requiring the closure of a street, or a portion of the street, to vehicular traffic, and the use of the closed street for the event. Events would include but are not limited to celebrations, street fairs, art walks, live music festivals, charitable events, ceremonies, events where a group of people convene to promote walking, biking, or rolling, and other similar events, but excluding parades, athletic events, and block parties which are all defined separately in the code.

Due to the nature of the events, including the potential size and scale, the need for vehicular traffic and bus re-routing, “Open Street” event applications must be submitted at least 60 days in advance rather than the 30-day requirement for other Community Events. The “Open Street” event applications will go through a preliminary application and approval process to ensure the requested street or portion of streets can be closed.

The preliminary approval process requires the applicant to provide proof that they own, lease or rent property within the proposed closure area. Additionally, applications must include a site plan with a description of the area to be closed including impacts to bus routes and stops, along with maps identifying the streets that would be affected, including an illustration of the following as applicable: stages, food booths, generators, portable toilets, trash/compost/recycling bins, seating, bike valet, and a diagram of an emergency access plan and accommodation for accessibility needs.

Given the community desire to have events this summer and the lead time needed by staff and event organizers to ensure successful summer events, staff was unable to engage in an extensive community outreach and engagement process prior to formulating recommendations. Street closures create significant neighborhood impacts.

One way to ensure neighbors and businesses affected by the closure are aware of, and support, “Open Street” events is to incorporate a mechanism to secure support.

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Currently, the City requires a signed petition for both block parties and preferential parking permits wherein adjacent and affected businesses and residents indicate their support for closing the street for a block party of creating a residential parking zone.

Staff proposes a similar process for “Open Street” events wherein after preliminary approval, the event organizers must produce a petition indicating the occupants of at least 51% of residences and businesses within the closure area have no objection to and support the closure. For residential properties impacted by the closure, the petition must be signed by the resident(s), while for commercial properties, the petition must be signed by the owner, manager, or assistant manager of the business impacted by the closure. The petition must include the event name, date, time, location, and contact information of the event organizer. In addition to the signed petition, the applicant must notify all residents, property owners, managers, or lessees in the closure area of the date, time, location, and purpose of the closure. Notification must be completed at least 10 days prior to the event. The application must also include a temporary traffic control plan and be responsible for obtaining all other permits required to be issued from the City or any other external organization including but not limited to the County of Los Angeles Health Department (for food events) and the State of California Alcohol Beverage Control (if alcohol is part of the event, such as a beer or wine garden).

Staff proposes any street may be considered eligible for an “Open Street” event, except Neighborhood or Shared streets, as identified in the Land Use and Circulation Element, which may be closed via a Block Party permit. City staff will determine if the proposed street closure may be permitted, or if an alternative route is necessary. This determination will be based on the proposals' impact on City services, staffing resources, emergency service delivery, transit service interruption, traffic congestion, and neighborhood and commercial impacts.

Over the past four months, City staff across all departments that are involved in the Community Event Permit process (including Community Services, Fire, Police, Department of Transportation, Community Development, City Attorney’s Office) have been working together to review these requested changes to the Community Events Ordinance. To minimize traffic, circulation and noise impacts on residents and

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businesses, staff proposes to restrict the number of events and days that “Open Street” events can occur. “Open Street” events would only be allowed on Fridays, Saturdays, Sundays and Mondays if it is a holiday except for Memorial Day, July Fourth, Labor Day, Thanksgiving, and Christmas Day. “Open Street” events would be issued for a maximum of two consecutive days; additional time for set up and break down may be approved at the discretion of the City. The City Manager shall set by administrative regulation the number of open streets events that may be permitted each calendar year, regardless of the street. Based on internal consultation with the multi-department Community Event Permit review group, staff are recommending for calendar year 2023 and calendar year 2024 a total of no more than four “Open Street” events be permitted in each calendar year with no overlapping/concurrent events permitted on the same weekend. This is due to limited staffing citywide, but particularly in Police and Fire, as “Open Street” events may necessitate on-site staffing throughout the event. Completed applications shall be considered on a first-come first-served basis and can be submitted up to one year in advance. However, no single entity or organization shall be allowed to utilize the full allocation of annual event slots.

Permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of city streets will continue to be established by City Council resolution and will be charged for Open Streets events. In addition to the payment of all applicable non-refundable permit application and administrative fees, a permittee shall pay the City for City departmental service charges incurred due to the permitee’s activities.

Approved applicants of Category 1 events (e.g. open street events, recreation, competition/contests, spectator sports, fairs, etc.) will pay for police services for public safety and/or traffic control if required, overnight security if required, tent/canopy permits, cooking/open flame permits, fire safety officers, building permits, transportation management plan, bike valet, auto valet permit, street closure permit, any loss of parking meter revenue, bus supervisor and/or other costs related to bus re-routing, business licenses, clean- up/damage deposits, clean-up/damage fees, event monitor,

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neighbor notification, insurance, and other direct City services to the extent such services are utilized and/or required due to the event.

Additionally, as “Open Street” events can require significant financial investment from event producers, and in support of the Council priority to cultivate economic recovery and expand community and cultural offerings, Section 4.68.080 (d) would allow City “sponsored” events to be eligible for waivers of application and administrative fees.

The City is aware of several organizations who wish to seek permits for Open Street events in the coming months in the wake of the recent lifting of State and local States of Emergency due to the COVID-19 pandemic. Because of the time it will take the City to process these applications, it is necessary to adopt ordinance 4.68 as an emergency measure, to ensure these events occur in a way that is safe for organizers and participants, and which minimizes disruption to neighboring businesses and residents, while allowing the continued provision of emergency and other municipal services.

These events are vital to the economic recovery of the city.

Additionally, staff proposes modifications to the block party process to expand access to this low-cost community-building and wellbeing-enhancing program. First, to facilitate block parties in multi-family neighborhoods, staff proposes to reduce the number of signatures required to hold a block party from the current two-thirds (67%) requirement to 51%. Further, the street typologies eligible for block parties are proposed to be expanded from Neighborhood Streets exclusively to also include the Shared Street and Avenue: Industrial typologies, as defined in the LUCE. Shared Streets are residential streets primarily located in the Ocean Park Neighborhood, while Avenue: Industrial streets are primarily dead-end streets adjacent to the Olympic Boulevard corridor.

A number of clean-up changes are also included in this amended ordinance. Changes include reorganizing Section 4.68.04 to define Community Events and those events that are exempt; requiring compliance with all laws and permit conditions; allowing enforcement by administrative citation in addition to the existing misdemeanor provision; and removing reference to the marathon route.

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Stakeholder Input
City staff met with leaders of Main Street and OPA who expressed concern over the cost and ability to obtain signatures of 51% of business or residents within the “Open Streets” closure area. Staff believe the support of those affected by the closure is important to the success of the event and is aligned with the requirements for closing neighborhood streets. Similarly, for street closure events, the City of Los Angeles requires a petition to be submitted indicating that occupants of at least 51% of the residences or businesses within the closure area have no objections to and support the closure. An alternative option for Council to consider is to remove the requirement to secure 51% support for “Open Streets” closures and replace it with a requirement for the event organizer to obtain written support for the event and street closure from the neighborhood association or business improvement district in which the event will take place. With this option, staff recommends increasing the notification to businesses and residents in the closure area from 10 days prior to the event date to a minimum of 14 days in advance. This would ensure all stakeholders in the affected area receive ample notification.

Environmental Assessment
The amendment to the SMMC is categorically exempt pursuant to Section 15304 (Class 4 - Minor Alterations to Land) of the California Environmental Quality Act (CEQA) guidelines. Class 4 consists of the minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Examples include minor temporary use of land having negligible or no permanent event on the environment. The proposed amendment would allow for Open Street events on existing public right of ways, and would result in minor, temporary use of land having no permanent effect on the environment. Therefore, the amendment is categorically exempt pursuant to Section 15304.

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Past Council Actions
Meeting Date Description
06/27/2000 (A) Approval of the Community Event Policy
04/24/2001 (B) Addition of Chapter 4.68 the Community Events Code, to the Santa Monica Municipal Code and adoption of associated fees
05/08/2001 (C) Addition of Chapter 4.68 to the Santa Monica Municipal Code, the Community Events Law
04/08/2003 (D) Amendment of Santa Monica Municipal Code Sections relating to Community Events and Street Banners
07/26/2005 (E) Amendment to Municipal Code Section 4.68.160 Establishing a new 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency Parameters
09/22/2009 (F) Amendment of Municipal Code Section 4.68 to establish a marathon route segment, modifications to the City’s Extended Event Policy, authorization for execution of agreements for the 2010 LA Marathon
10/25/2011 (G) Amendment of Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and

6.36 relating to permitted community events in the City’s public spaces and parks
06/08/2021 (H) Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances including Outdoor Use Permits and Interim Zoning Changes to Support Santa Monica’s Economic Recovery
05/24/2022 (I) City Council directed staff to return with an urgency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to proceed in a northbound direction. 06/28/2022 (J) City Council adopted urgency ordinance amending Municipal Code Chapter 4.68.150 allowed parade routes.
09/13/2022 (K) City Council approved a Memorandum of Understanding for the 2022 Open Main Street October Festival and Adoption of a Resolution to Authorize Closure of a Portion of Main Street for the Festival.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Allowing for more community events, particularly in our commercial districts, is crucial to helping support the continued economic recovery of our local businesses and the overall City. The events help to generate revenue for the City in the form of additional sales tax, transit occupancy tax and additional parking

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revenues. Staff will return to Council if specific budget actions are required in the future.

Under the City’s Administrative Instructions, certain events may qualify for “City Sponsored” or “City Co-Produced" status which results in the City helping to fund the event in the form of grants (e.g. Council Discretionary Funds would equate to a “City Sponsored” event) and/or the reduction or wavier of certain permit fees and services, including City staffing costs.

Prepared By: Jeanette Gant, Community Recreation Manager Approved Forwarded to Council
Attachments:

A. June 27, 2000 Approval of Community Event Policy (Web Link) B. April 24, 2001 Addition of Chapter 4,68 to the SMMC (Web Link) C. May 08, 2001 Addition of chapter 4.68 to the Santa Monica Municipal Code (Web Link)
D. April 08, 2003 Amendment of SMMC Sections Relating To Community Events and Street Banners (Web Link)
E. July 26, 2005 Amendment to SMMC Section 4.68.160 Establishing a New 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency Parameters (Web Link)
F. September 22, 2009 Amendment to Community Events Ordinance for Marathons and Modification of Extended Event Policy for Commercial Use of Beach Parking Lot at 1550 PCH (Web Link)
G. October 25, 2011 Amendment of SMMC Chapters 3.36, 4.08, 4.55, 4.68 and

6.36 relating to permitted community events in the City’s public spaces and parks (Web Link)
H. June 08, 2021 Santa Monica Outdoors: Extending Pandemic-Era Emergency Allowances Including Outdoor Use Permits and Interim Zoning Changes to Support Santa Monica’s Economic Recovery (Web Link)
I. May 24, 2022 urgency ordinance amending SMMC Section 4.68.150 allowing parades on Main Street to proceed northbound (Web Link) J. June 28, 2022 Adoption of urgency ordinance amending Municipal Code Chapter

4.68.150 allowed parade routes (Web Link)

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K. September 13, 2022 Approval of MOU for the 2022 Open Main Street October Festival and Adoption of a Resolution to Authorize Closure of a Portion of Main Street (Web Link)
L. ORD open streets 4.25.23_v4.18

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1 City Council Meeting: April 25, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 4.68 TO ALLOW FOR “OPEN STREET” COMMUNITY EVENTS TO PROMOTE PUBLIC

SAFETY AND WELFARE
WHEREAS, on May 8, 2001, the City Council adopted Ordinance No. 2008 (CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events Law; and
WHEREAS, the Community Events Law provides a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, and to prohibit illegal activities from occurring at community events, and to protect the rights of community event permit holders; and WHEREAS, the Community Events Law is designed to protect the right of people to engage in expressive activities in the City’s public places and establishes the least restrictive and reasonable time, place, and manner regulations of these activities; and WHEREAS, the Community Events Law has been amended and refined on several occasions to ensure the law conforms to Constitutional requirements and to enact appropriate modifications to the law based on experience, changing conditions in the City, and community feedback on the operation of the law; and WHEREAS, the City’s Community Events Law has been in place for over two decades and has been highly successful in establishing a coordinated process for community events, thereby ensuring the health and safety of event patrons, residents,

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Packet Pg. 258 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 2 workers, and other visitors and protecting the rights of community event permit holders; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution to temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and
WHEREAS, with the recent lifting of State and local States of Emergency due to COVID-19, the City anticipates several organizations will seek community event permits to host events in the coming months; and
WHEREAS, community events are a vital part of the City’s continued economic recovery following the COVID-19 pandemic, and the proposed changes to the Community Events Law will allow for such events to occur in a way that is safe for organizers and participants, and which minimizes disruption to neighboring businesses and residents, while allowing continued provision of emergency and other municipal services; and WHEREAS, the Community Events Law does not currently have a mechanism to allow “open street” events to safely occur in the roadway; and WHEREAS, the City Council hereby finds that: the amendment to the Santa Monica Municipal Chapter 4.68 implemented by this Emergency Ordinance is immediately necessary as an emergency measure in order to preserve the public health, safety, and welfare of parade participants, spectators, and visitors by ensuring the safe

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Packet Pg. 259 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 3 closure of streets for festivals and events which are vital to the continued economic recovery of the City.

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

SECTION 1. Chapter 4.68 of the Santa Monica Municipal Code is hereby amended to read as follows:

Chapter 4.68 COMMUNITY EVENTS

4.68.010 Purpose.

It is the purpose of this Chapter to establish a process for permitting community events Community Events to use City streets, parks, open space, facilities or services in accordance with the community event policy established by the City Council on June 27, 2000. The City recognizes the substantial community benefits that may result from community events Community Events. They can provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding opportunities for service organizations. The purpose of this Chapter is to provide a coordinated process for managing community events Community Events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at the community events Community Events, and to protect the rights of community event Community Event permit holders. It is also the intent of the Council to protect the rights of people to engage in expressive activities in the City’s public places and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is further intended to create mechanisms for cost recovery

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Packet Pg. 260 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 4 and use charges, to the extent authorized by law, while not unduly impacting the viability of events.

4.68.020 Community Events Committee - Membership.

There is hereby created a Community Events Committee to carry out the provisions of this Chapter. This Committee is comprised of representatives of City departments, including, but not limited, to the following departments: Big Blue Bus Transportation, City Manager’s Office, Community and Cultural Services, Public Works, Finance, Fire, Planning and Community Development, and Police, and Housing and Economic Development. The Committee may also include representatives from City-funded entities whose contractual obligations with the City include operation or oversight of public venues used for community events Community Events. The Chairperson of the Committee shall be designated by the Community and Cultural Services Director.

4.68.030 Powers of the Community Events Committee.

The Community Events Committee shall have the power to:
(a) Administer and apply this Chapter;
(b) Represent the City, under the authority of the City Manager, in discussions and in establishing agreements with the person(s) who represent the event; (c) Coordinate with City departments and with other governmental agencies for the provision of governmental services for such community events Community Events;

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Packet Pg. 261 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 5 (d) Establish the terms and conditions, appropriate fees, and the time(s), place and manner of the event consistent with this Chapter, any implementing regulations/guidelines, and other provisions of the Municipal Code applicable to the event.

4.68.040 Permit required.
(a) Definitions. The following terms as used in this Chapter have the following meanings:
(1) “Block Party” means a festive gathering primarily intended for the residents and businesses located on a street and their invitees, on a street classified as a “Neighborhood Street,” “Avenue:Industrial,” or “Shared Street” in the City’s Land Use and Circulation Element (LUCE), which requires the closure of a street, or a portion thereof, to vehicular traffic, and the use of the street for the festivity.
(2) “Community Event” means any of the following:
(A) Any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison for any purpose, on any sidewalk, street, pedestrian path, alley, or other public right of way that either: (1) is likely to impede, obstruct, impair or interfere with free use of a public street, highway, alley, sidewalk, or pedestrian path; or (2) does not comply with normal or usual traffic regulations or controls.
(B) Any event on City owned, controlled, or maintained property, involving 150 or more persons, or involving 75 or more persons on the Santa Monica Third Street Promenade.

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Packet Pg. 262 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 6 (C) An event on City owned, controlled, or maintained property, which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City’s Fire Department or Building and Safety Division.
(D) An Open Street Event as defined in this Section.
(E) Examples of Community Events may include, but are not limited to, concerts, parades, circuses, fairs, festivals, street fairs, athletic events, open street events, protests, counter-protests, demonstrations, rallies, and community celebrations.
(3) “Expressive Activity” means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinions, views, or ideas protected by the First Amendment of the United States Constitution and Article I of the California Constitution.
(4) “Open Street Event” means a Community Event requiring the closure of a street, or portion thereof, to vehicular traffic, and the use of the closed street for the event, including but not limited to, celebrations, street fairs, charitable events, ceremonies, events where a group of persons convene to promote walking, biking, or rolling, and other similar events, but excluding parades, athletic events, and block parties.
(5) “Spontaneous Event” means an event that is occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event. Events that require advance planning, such as recreation events,

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Packet Pg. 263 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 7 competitions, contests, spectator sports, fairs, festivals, carnivals, ticketed events, sales or trade shows, or events that require a permit from Building and Safety or the Fire Department for the placement of structures shall not be considered spontaneous events.
(b) Permit required. Except as otherwise provided by this Chapter or any other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a Community Event permit shall be obtained from the Community Event Committee for all Community Events.
(c) Exceptions. The following events do not require a Community Event Permit:
(1) Community events that occur on a public sidewalk or pedestrian path and is anticipated to have 500 or fewer participants, and all participants (i) assemble, march or walk in groups of less than 50, two abreast, and give way to others they encounter on the public sidewalk or pedestrian path, (ii) do not obstruct traffic flow; (iii) obey all traffic regulations; and (iv) obey all applicable park regulations.
(A) For any Community Event under this subsection (c)(1) where it is reasonably anticipated or for which the organizer becomes aware the number of participants will exceed 150 individuals, the organizer shall endeavor to provide notice to the Chief of Police at least 48 hours in advance of the activity, or as soon as the organizer becomes aware the event may exceed 150 people.

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Packet Pg. 264 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 8 (B) Any event otherwise exempt from obtaining a Community Event permit under Subsection (c)(1) may be terminated and participants ordered to disperse by the Chief of Police if, after warning the participants and providing them with an opportunity to comply, participants are not in compliance with the regulations set forth in Subsection (c)(1). (2) Block Parties, so long as they comply with the provisions of Section

4.68.190, below.
(3) Community Events at the following City facilities:
(A) Facilities that are predominately used and approved by the Fire Department or the Building Department as assembly spaces do not require a Community Event permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute an assembly space. For purposes of this subsection, assembly spaces include, but are not limited to, the Civic Auditorium, the Pier Carousel, City park buildings, Annenberg Community Beach House, and Miles Memorial Playhouse.
(B) The Woodlawn Cemetery for funerals and Memorial Day services.
(4) Community Events that occur on school grounds and other property owned by the Santa Monica-Malibu Unified School District and the Santa Monica College.
(5) Spontaneous Events may be conducted on the lawn of City Hall without organizers first having to obtain a Community Event Permit. If practicable,

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Packet Pg. 265 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 9 the organizers should give notice to the City’s Community Services Director at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be participating.

Except as otherwise provided by this Chapter or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the City Council, a community event permit shall be required to be obtained from the Community Event Committee for the following activities:
(a) A parade, procession, march or assembly consisting of persons, animals, vehicles, or any other combination thereof, which is to assemble or travel in unison on any public street, highway, alley, sidewalk or other City-designated public way and which either: (1) may impede, obstruct, impair or interfere with free use of such public street, highway, alley, sidewalk, or other public way owned, controlled, or maintained by the City; or (2) does not comply with normal or usual traffic regulations or controls. (b) Any activity or event on City owned, controlled, or maintained property not subject to the requirements of subsection (a) of this Section, involving one hundred fifty or more persons, or involving seventy-five or more persons on the Santa Monica Third Street Promenade.
(c) Any activity or event on public property which requires the placement of a tent, canopy, or other temporary structure if that placement requires a permit from the City’s Fire Department or Building and Safety Division.

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Packet Pg. 266 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 10 (d) Notwithstanding the above, events at facilities located on City property that are predominately used and approved by the Fire Department or the Building Department as assembly spaces do not require a community event permit so long as such events do not require a street closure or traffic diversion or require the use of other public property that does not constitute an assembly space. For purposes of this subsection, assembly spaces include, but are not limited to, the Civic Auditorium, the Pier Carousel, City park buildings, Annenberg Community Beach House, and Miles Memorial Playhouse. (e) School grounds and other property owned by the Santa Monica Unified School District and the Santa Monica College are exempt from the requirements of this Chapter.
(f) Spontaneous events which are occasioned by news or affairs coming into public knowledge less than forty-eight hours prior to such event may be conducted on the lawn of City Hall without the organizers first having to obtain a community event permit.

If practicable, the organizers should give notice to the City’s Community Events Office at least four hours prior to the event informing the City of the date and time of the event and providing an estimate of the approximate number of persons who will be participating.

Events which require advance planning such as recreation events, competition/contests/spectator sports, fairs, festivals, carnivals, ticketed events, sales/trade shows or events which require a permit from Building and Safety or the Fire Department for the placement of structures shall not be considered to be spontaneous events.

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Packet Pg. 267 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 11 Departmental service charges may still be incurred for events undertaken pursuant to this subsection to the extent otherwise authorized by this Chapter and the administrative guidelines adopted pursuant to this Chapter.

4.68.050 Application.
(a) To receive a community event Community Event permit, a person must complete and file a community event Community Event application with the Community Event Committee, or a designated representative, on a form approved by the City. The applicant must provide the following information:
(1) A description of the proposed use, event, or activity Community Event; (2) The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event, or activity Community Event;
(3) The manner in which the public property will be utilized; (4) The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, event, or activity Community Event;
(5) The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event Community Event; (6) The name, address, email address, and telephone number of the person or persons to be contacted regarding the application or permit; (7) A Zero Waste Plan; and
(8) Such other information as the City may require via administrative regulation.

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Packet Pg. 268 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 12 (b) For Open Street Events, the application shall be reviewed in two phases:

Preliminary conceptual approval, and then final approval upon submission of all requirements in this Section. The applicant shall submit the following:
(1) For preliminary approval by the City:
(A) Everything required in subsection (a), above.
(B) A site plan with a description of the location of the right of way requested to be closed and its association with the event, including maps and/or drawings which identify the streets that would be affected, describing the scope and design of the event, including illustrations of the location of the following, as applicable: staging, food booths, generators, portable toilets, trash/compost/recycling bins, seating, and bike valet operations, and including a diagram of an emergency access plan with a minimum unobstructed width of 20 feet and vertical clearance of at least 13.5 feet, and accommodation for accessibility needs.
(C) Presence of amplified sound or alcohol in the right of way, and list of equipment that will be placed in the right of way. (D) Evidence that the applicant owns, leases, or rents property within the proposed closure area, or a signed letter of co-sponsorship from someone who meets those criteria.
(E) A transportation management plan to minimize the parking and traffic impacts of event attendees that promotes transit and active modes of transportation to/from the event.

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Packet Pg. 269 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 13 (2) Once the applicant receives preliminary approval, the following shall be submitted to complete the application:
(A) A petition indicating the occupants of at least 51 percent of residents and businesses within the closure area have no objection to and support the closure. For residential properties impacted by the closure, the petition must be signed by the resident(s). For commercial properties, the petition must be signed by the owner, manager, assistant manager, or property manager of the business impacted by the closure. The petition must include the event name, date, time, location, and contact information of the event organizer.
(B) A temporary traffic control plan showing the necessary controls, including but not limited to signage and barricades required to safely close the right of way and detour traffic, and indication of bus and transit stops along the proposed closure area. Permit holders are responsible for procuring and placing all traffic control devices and temporary parking signs.
(C) Copies of all other permits required to be issued from the City or any other external organization, including but not limited to the County of Los Angeles and the State of California, and divisions thereof. If such permits have not yet been obtained, the applicant shall submit a copy of any relevant application and a projected timeline for approval. (bc) The Community Event Committee may refer the application to such City departments or personnel as the Committee deems necessary from the nature of the

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Packet Pg. 270 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 14 application for review, evaluation, investigation and recommendations regarding approval or disapproval of the application.
(cd) An application must be submitted and reviewed in accordance with the time limits established in administrative regulations and guidelines established pursuant to Section

4.68.200.

4.68.060 Review process.

Subject also to Section 4.68.070, the Community Events Committee shall issue a community event Community Event permit, if it is determined that all of the following criteria have been met:
(a) The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Code or other applicable laws, rules, or regulations.
(b) The preparation for or the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden City resources necessary to preserve the public’s use of the street in the area contiguous to the street or other public property.
(c) The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the City’s ability to perform municipal functions or furnish city City services in the vicinity of the permit area.

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Packet Pg. 271 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 15 (d) The proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard. (e) The proposed event will be of a nature and size appropriate to the proposed venue, location, or site, will occur during a time period approved for that venue, location, or site, and will fall within the frequency limitations established by administrative guidelines adopted pursuant to this Chapter. (f) The proposed event will not include animals on the beaches and will not include animals in parks except on leashes.
(g) A transportation management/parking plan has been approved by the City for the event to the extent such a plan is required by implementing regulations. (h) The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.

In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.

4.68.070 Denial/revocation of permit
The Community Events Committee shall deny an application for a community event Community Event permit or revoke a permit if the Committee finds any of the following:

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Packet Pg. 272 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 16 (a) One or more of the approval criteria specified in Section 4.68.060 is not met;
(b) The applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process; (c) The application does not contain the information required by this Chapter;
(d) The application does not satisfy the requirements of this Chapter or the administrative regulations adopted thereto;
(e) The applicant fails to comply with any conditions of approval including, but not limited to:
(1) Remittance of fees, charges or deposits,
(2) Submittal of an indemnification agreement and/or proof of insurance to the extent required,
(3) Timely receipt of all required approvals;
(f) The applicant fails to agree as a condition of permit issuance that if City property is destroyed or damaged by reason of permittee’s use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property;
(g) The applicant has damaged City property and has not paid in full for such damage or has other outstanding and unpaid debts related to a prior community event Community Event permit issued by the City.

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Packet Pg. 273 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 17 4.68.080 Permit fees.
(a) Except as otherwise provided by this Code or any other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the City Council, the permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of city streets or other city-owned or controlled property pursuant to this Chapter shall be established by the City Council by resolution. (b) An indigent natural person who cannot apply for a permit because of an inability to pay the application fee due to such indigence may not be required to pay the fee in accordance with administrative regulations or guidelines adopted pursuant to this Chapter. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Manager or designee, be reasonably necessary to verify such status. For purposes of this Section 4.68.080, “indigent natural person” means:
(1) A person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the

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Packet Pg. 274 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 18 Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code;
(2) A person whose monthly income is one hundred twenty-five percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.
(c) An organization in which a majority of its members meet the criteria for indigent status, as established in subsection (b) of this Section, may also be eligible for application fee waiver.
(d) A permit application fee and/or administrative fee shall not be required for permittees of events sponsored, produced or co-produced by the City or by City-funded entities contractually required to operate or oversee specific public venues used for community events Community Events.

4.68.090 Appeals.

Any applicant aggrieved by an adverse decision under
Section 4.68.060 or 4.68.070 may appeal such decision to the Director of Community and Cultural Services by filing a written notice of such appeal with the Committee within five business days of the decision. The Director shall decide the appeal within one working day unless the event is a Category 1 event as defined in the Administrative Instruction implementing this Community Events Ordinance in which case the appeal shall be decided within ten calendar working days. The Director’s decision shall be final except for judicial review.

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Packet Pg. 275 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 19 4.68.100 Interference with community event Community Event prohibited.

It shall be unlawful for any person to interfere with a community event Community Event permitted under this Chapter by engaging in the following acts when done with the intent to cause interference:
(a) Blocking, obstructing, or impeding the passage of participants, vehicles, or animals in the community event Community Event along the community event Community Event route;
(b) Walking or running, driving a vehicle, riding a bicycle or skateboard, or using any similar device through, between, with, or among participants, vehicles, or animals in the community event Community Event;
(c) Dropping, throwing, rolling, or flying any object toward, among, or between participants, vehicles, or animals in a community event Community Event; (d) Grabbing at, taking hold of, hitting, pulling, or pushing any participant, vehicle, or animal in the community event Community Event or anything in the possession of any participant in the community event Community Event; (e) Throwing, squirting, dumping, or dropping any liquid or gaseous substance on, toward, among, or between participants, vehicles, or animals in the community event Community Event;
(f) Vending or offering for sale any food or merchandise from the roadway, curb to curb, of a community event Community Event route during the hours the community event Community Event route is closed to normal motor vehicle traffic without first having obtained the written permission of the person holding the permit

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Packet Pg. 276 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 20 for the community event Community Event, in addition to any permits and/or licenses required for such activity by the City or any other governmental entity. (g) Engaging in a street performance in violation of the distance restrictions set forth in Section 6.112 of this code.

4.68.110 Hold harmless.

Each permittee shall execute a hold harmless agreement in a form approved by the City agreeing to defend, indemnify, and hold harmless the City against losses and liabilities incurred from the conduct of the permittee or its officers, employees, and agents.

4.68.120 Insurance requirements.
(a) Except as otherwise prohibited by law or an exemption is obtained as provided by this Chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the State, which policy includes the City, its boards, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the coverage that the Risk Manager determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the City prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit. (b) If the Risk Manager determines that a particular use, event, or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the City or its officers,

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Packet Pg. 277 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 21 agents, employees, or volunteers, the Risk Manager may give a written waiver of the insurance requirements of this Section.

4.68.130 Community event Event temporary signage.

Temporary or non-permanent sign(s) identifying or pertaining to the community event Community Event may be installed by the permit holder, or designee, within the event site as defined in the community event Community Event permit. At events on the City beach or at City parks, the logo of a commercial sponsor or vendor may be included on a small area of the temporary sign, not to exceed one square foot or five percent of the banner area, whichever is smaller, provided said sign(s) are internally oriented to the extent possible. At other event sites, the logo shall not exceed thirty percent of the banner area, provided the sign(s) are internally oriented to the extent possible. The logo of tobacco sponsors shall be prohibited.

Directional signs for walks, and races, and Open Street Events may be installed by the permit holder, or designee, provided that each sign is less than two square feet in size, attached to a street light or other utility pole at a height of between five and six feet without damaging the finish of the pole, placed without obstructing or obscuring other signage or traffic control devices, and installed less than two hours prior to the start of the event and removed within one hour of the completion of the event. A plan showing the type and location of the proposed directional signs must be submitted as part of the community event Community Event permit application and be approved by the City. The City may remove signs

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Packet Pg. 278 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 22 that do not meet the installation and removal requirements of this Section and shall charge the permittee for the cost of this removal.

4.68.140 Departmental service charge.
(a) In addition to the payment of any applicable non-refundable permit application fee and administrative fee, and as detailed in the administrative guidelines adopted pursuant to this Chapter, all permittees shall pay the City for City departmental service charges incurred in connection with or due to the permittee’s activities under the permit.
(b) City departments shall submit the final invoices and billings for department charges to the permittee no later than ten working days after the expiration date of the permit.
(c) A permittee who claims an inability to pay department service charges due to indigency may have these charges waived in accordance with administrative regulations or guidelines adopted pursuant to this Chapter.

Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Manager or designee, be reasonably necessary to verify such status. For purposes of this Section 4.68.140, “indigent natural person” means:
(1) A person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and

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Packet Pg. 279 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 23 Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code;
(2) A person whose monthly income is one hundred twenty-five percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.
(d) An organization in which a majority of the members meet the criteria for indigent status, as established in subsection (c) of this Section, may also be eligible for waiver of department service charges.
(e) No permittee shall be required to provide for or pay for the cost of public safety personnel to provide for the protection of a community event Community Event and its attendees from hostile members of the public or counterdemonstrations or for general law enforcement in the vicinity of the event

4.68.150 Parades, marches, processions, walks. Routes.
(a) Subject to the requirements of this Chapter, a community event Community Event permit may be issued for a march, procession, walk, or parade in one direction only on the following streets:
(1) Ocean Avenue, between Adelaide Drive (northwest City limits) and Pico Boulevard;

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Packet Pg. 280 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 24 (2) Commencing on Ocean Avenue at the intersection of Adelaide Drive (northwest City limits) and continuing south on Ocean Avenue to the intersection of Colorado Avenue, turning easterly on Colorado Avenue to the intersection of Main Street, turning southerly on Main Street, ending at the intersection of Main Street and Pico Boulevard;
(3) Commencing on Main Street, south of the intersection of Olympic Drive, and continuing south on Main Street to the intersection of Marine Street, turning westerly on Marine Street to the intersection of Barnard Way, turning northerly on Barnard Way, ending at the entrance to Parking Lot 5 South;
(4) Commencing on Barnard Way, south of the entrance to Parking Lot 5 South, continuing southerly on Barnard Way to the intersection of Marine Street, continuing easterly on Marine Street to the intersection of Main Street, turning northerly on Main Street, continuing north on Main Street, ending at the intersection of Olympic Drive; and (5) Main Street, between Olympic Drive and Marine Street (adjacent to the southern City limits).
(b) Minor adjustments to the routes established in subsection (a) of this Section may be authorized by the Community Events Committee to the extent necessary to avoid construction or other obstructions that would prevent the parade from proceeding on the established route.

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Packet Pg. 281 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 25 (c) Subject to all other applicable requirements of this Chapter, this Section does not prohibit the issuance of a community event Community Event permit for marches or processions on other streets so long as through and crosstraffic can be preserved and the safety of the marchers participants can be maintained.
(d) Marches, parades, walks, and processions may not be conducted on streets classified by the City as arterial streets between the hours of seven a.m. to nine a.m. and three-thirty p.m. to seven p.m. on business days unless the march or procession is being conducted to coincide with another event, not organized or planned by the permittee, which is occurring on or adjacent to the arterial street upon which the march will be conducted.

4.68.160 Athletic events.

The procedures and criteria for conducting races/runs shall be as follows:
(a) There shall be one ten-kilometer route, and two five-kilometer routes, and one marathon route segment;
(1) The ten-kilometer route (10K Ocean Route) begins at Beach Park No. 1 (Barnard Way at Ocean Park Boulevard) and continues south to Barnard Way, follows the bend to go east on Marine Street, north on Main Street, west on Colorado Avenue, north on Ocean Avenue, east on San Vicente Boulevard to 14th Street where participants will turn around and go west on San Vicente Boulevard, south on Ocean Avenue to end at the 1500 block of Ocean Avenue (before the entrance to the Pier ramp).

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Packet Pg. 282 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 26 (2) The first five-kilometer route (5K North City Route) begins at Seventh Street and California Avenue, west on California Avenue to Ocean Avenue, north on Ocean Avenue to San Vicente Boulevard, east on San Vicente Boulevard to Seventh Street, south on Seventh Street to Georgina Avenue, west on Georgina Avenue to Fourth Street, south on Fourth Street to California Avenue, east on California Avenue to Seventh Street. (3) The second five-kilometer route (5K Ocean Route) begins at Beach Park No. 1 (Barnard Way at Ocean Park Boulevard) and continues south on Barnard Way, follows the bend to go east on Marine Street, north on Main Street, west on Colorado Avenue, north on Ocean Avenue to the 1000 block where participants will turn around and continue south on Ocean Avenue to end at the 1500 block of Ocean Avenue (before the entrance to the Pier ramp).
(4) The marathon route segment begins on San Vicente Boulevard at Twenty-Sixth Street (the City limits) and continues west on San Vicente to Ocean Avenue and south on Ocean Avenue to end at the 1500 block of Ocean Avenue (before the entrance to the Pier ramp).
(b) 5K North City Route races may only occur on Saturday mornings from seven-thirty a.m. until eleven a.m.
(c) 5K Ocean Route and 10K Ocean Route races may only occur on Saturday and Sunday mornings from seven-thirty a.m. until eleven a.m.

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Packet Pg. 283 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 27 (d) There shall be no more than a total of three 5K and/or 10K races per year in the City regardless of route, with one of these races occurring in May, and two in September, October, or November separated by at least seven weeks. The use of both the 5K and 10K Ocean Routes on the same day by the same organizer with simultaneous or staggered starts shall be considered as one race. (e) The marathon route segment shall be limited to the completion of marathon races that are regional in scope (involve a course that runs through multiple jurisdictions), attract elite and international runners, receive extensive national and international media exposure, and are undertaken by a marathon entity with the demonstrated capability to organize and operate a large, successful marathon including sufficient funding to finance the costs incurred in organizing and holding the marathon and sufficient staffing to ensure its safe and efficient operation.

Preference shall also be given to applicants proposing recurring marathons traditionally or historically associated with a particular day or dates. The marathon may only occur on Sunday from six a.m. until six p.m. There shall only be one marathon per year that utilizes the marathon route segment. (fe) With the exception of one 5K race on the Saturday following Thanksgiving Day using the 5K North City Route, there shall be no races on holidays or holiday weekends including Memorial Day and the preceding weekend, Labor Day and the preceding weekend, and Thanksgiving Day and the subsequent weekend including the Friday following Thanksgiving Day. (gf) No vehicular races shall be permitted.

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Packet Pg. 284 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 28 (hg) Events which include multiple modes of travel (e.g., running and bicycling) shall be permitted so long as the start times for different modes of travel are staggered.
(ih) Prior to the issuance of a community event Community Event permit, City staff shall determine the specific portions or lanes of the roadway that may be used by the participants. This determination shall be based on safety considerations and the preservation of access to businesses and other scheduled activities along the route.
(ji) In addition to the routes established by subsection (a) of this Section, races/runs may be permitted on other streets in the City so long as the majority of the race/run occurs outside of the City and that portion of the race/run within the City does not exceed one-half mile in length. Races permitted pursuant to this subsection shall not be subject to the time/frequency requirements established in subsections (b) and (c) of this Section.

4.68.170 Display of community event Community Event permit.

A copy of the community event Community Event permit shall be displayed at the community event Community Event site and shall be exhibited upon demand of any City official.

4.68.180 Use of City name or logo without authorization.

It shall be unlawful for the permittee conducting a community event Community Event to use the words “the City of Santa Monica” or “City of Santa Monica,” to suggest or indicate that the event is sponsored by the City or to use a

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Packet Pg. 285 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 29 facsimile of the seal or logo of the City of Santa Monica in the promotional materials or advertising for the event without the City’s authorization.

4.68.190 Neighborhood street events. Block Parties and Open Street Events. (a) Pursuant to California Vehicle Code Section 2110(e), the City Manager has authority to order the temporary closure of a portion of any street when, in the opinion of the City Manager, the closing is necessary for the safety and protection of persons who are to use the portion of the street during the temporary closing. (b) Block Party street closure. Requests for a permit to utilize a street for a residential block party shall be made by filing an application for a “permit to close a public street” with the Transportation Engineering Group Department of Transportation. The applicant must be a resident living on or a business located on the street. The applicant must include a petition in favor of the event signed by twothirds 51% of residents and/or businesses on both sides of the street to be closed.

Only a street classified by the City in its Land Use and Circulation Element as a “neighborhood" street “Neighborhood Street,” “Shared Street,” or “Avenue:

Industrial” may be utilized for a block party Block Party. Block Parties do not need to obtain a Community Event Permit.
(c) Date, time, and location restrictions for Open Street Events. (1) Any street may be considered for closure for an Open Street Event, except “Neighborhood Streets,” “Shared Streets,” or “Avenue:Industrial,” which may be closed pursuant to subsection (b). City staff will determine if the proposed street closure may be permitted, or if an

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Packet Pg. 286 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 30 alternative route must be considered. This determination will be based upon the proposal’s impact on City services, staffing resources, emergency service delivery, transit service interruption, traffic congestion, and neighborhood and commercial impacts.
(2) Open Street Events shall be allowed only on Friday, Saturday, Sunday, and Monday if it is a holiday, except as limited by this section. Open Street Events are not allowed on Memorial Day, July Fourth, Labor Day, Thanksgiving, or Christmas Day.
(3) No permit shall be issued for an Open Street Event requiring a street closure for a period of more than two consecutive days. Additional time for setup or breakdown may be approved at the discretion of the City. (4) The City Manager shall set by administrative regulation the number of open streets events that may be permitted each calendar year. (d) Neighborhood notification for Open Street Events.
(1) The permittee must notify all residents, property owners, managers, or lessees in the closure area of the date, time, location, and purpose of the closure. This notification may be accomplished by distributing flyers, door hangers, or circulating the petition required by Section

4.68.050(b)(2) of this Chapter. Flyers may not be placed in mailboxes unless they include paid postage and are delivered by the USPS. Notification shall be completed at least 10 days prior to the event.

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Packet Pg. 287 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 31 (2) The permittee may also notify residents via email and/or community meetings, but such notification shall not take the place of the notification required in subsection (d)(1).
(3) The permittee must provide and post signs announcing the street closure consistent with the approved traffic plan. The signs shall be posted at least 24 hours prior to the event. The permittee must remove and dispose of signs properly upon completion of the event or expiration of the permit, whichever comes first. The City may remove signs that do not meet the installation and removal requirements of this Section and shall charge the permittee for the cost of this removal.
(e) Approval criteria for Open Street Events. In addition to the Criteria in

4.68.060, the Community Events Committee may take the following into account in awarding a Community Event Permit to an Open Street Event:
(1) The event shall not exceed any occupant load that may be determined by the Fire Department.
(2) Appropriate access for emergency personnel. Fire Department and Police Department must approve a scaled site map that includes the placement of all event equipment, vehicles, fire hydrants, tents, and canopies.

Emergency vehicle access (20 feet wide and 13.5 feet high) must be maintained throughout the event.

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Packet Pg. 288 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 32 (3) The Department of Transportation determines the closing of the street will not unduly impede, obstruct, or interfere with the operation of the City and regional bus transportation systems.
(4) The closure will not result in a clear, identifiable, and substantial detriment to the public health, safety, or welfare.
(f) The permittee is responsible for providing and placing all barricades to close the street, in accordance with the approved traffic plan.

Requests for a permit to utilize a neighborhood street for a non-moving event that will be widely-publicized and open to participants other than the residents of the street shall be made by filing a community event permit application with the Community Events Office in addition to a permit to close a public street. The applicant must be a resident living on or a business located on the street and the applicant must include a petition in favor of the event signed by two-thirds of residents and businesses on both sides of the street to be closed.

The application to utilize a neighborhood street will be subject to such additional rules and regulations adopted by City staff to ensure that the street closure will not be detrimental to the public health, safety, or welfare.

4.68.200 Administrative regulations.

The City Manager, or designee, shall adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this Chapter. All such administrative regulations must be in writing.

4.68.210 Other permits and licenses and compliance with all laws.

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Packet Pg. 289 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 33 (a) The issuance of a community events permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code, or any other local, state, or federal law or regulation. (b) Community Events shall comply with all local, state, and federal laws and regulations.
(c) It shall be unlawful for any person to sponsor or conduct a Community Event requiring a Community Event Permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with knowledge the sponsor of the event has not been issued the required permit. (d) A Community Event Permit authorizes the permittee to conduct only the event described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof, to willfully violate the terms and conditions of the permit.

4.68.220 Penalties
Any person who intentionally violates any of the provisions of this Chapter shall be guilty of a misdemeanor. The provisions of this Chapter may also be enforced through the issuance of administrative citations and the imposition of administrative fines pursuant to Chapter 1.09 of this 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

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Packet Pg. 290 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) 34 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for reasons stated in the above recitals, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting, shall become effective immediately upon its adoption.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney

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Packet Pg. 291 Attachment: ORD open streets 4.25.23_v4.18 (5652 : Update to Ordinance 4.68 Cmty Events) City Council
Report
City Council Meeting: April 25, 2023
Agenda Item: 14.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adoption of Resolution Declaring Surplus Properties Recommended Action
Staff recommends that the City Council:

1. Declare the City-owned properties located at 1444 7th Street (“Former Fire Station 1” - APN 4291-020-900), 1654 19th Street ((“City TV” - APN 4290-026- 009) and two remnant parcels associated with the Expo Lot (APNs 4290-011- 901 and 4290-011-902) as “surplus land” in accordance with the State of California’s Surplus Land Act (“SLA”);

3. Adopt a finding of no possibility of significant effect on the environment pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
California Government Code Sections 54220-54234, known as the Surplus Land Act, (SLA) requires the City to follow certain procedures prior to engaging in negotiations to sell or lease land for a period greater than five years, even in circumstances where the City maintains long-term fee simple ownership of the property. The attached Resolution declares City-owned properties at 1444 7
th Street (APN 4291-020-900), 1654 19th Street
(APN 4290-026-009) and the two remnant parcels associated with the Expo Lot (APNs 4290-011-901 and 4290-011-902) as “surplus land”, as defined by California Government Code 54221(b). This process is necessary for the City to consider

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proposals that do not meet the definition of Exempt Surplus Land, as defined by California Government Code 54221(f).

Discussion
The Surplus Land Act governs the sale or lease of land owned by various local agencies, including cities, and prescribes certain procedures that must be followed before disposition can occur. Specifically, the SLA requires that the City first declare the properties in this report to be "surplus lands" and then send a notice of availability to entities designated in the SLA. The entities have a period of 60 days to respond. If the City receives a notice of interest from a designated entity, the City must negotiate in good faith for a period of not less than 90 days. The SLA does not prevent a local agency from obtaining fair market value for the disposition of surplus land. The City may reject proposals from designated entities when the parties cannot agree on sales price or lease terms or when the interested entity is not responsive to the agency's conditions or restrictions in the notice of availability, provided such conditions or restrictions have been reviewed, in advance, pursuant to SLA guidelines by the California Department of Housing and Community Development.

The City has a long history of redeveloping and activating its properties for community serving uses and affordable housing. For example, Council at its meeting on March 23, 2021, declared the City-owned property at 1318-1320 4th Street (formerly Parking Structure 3) as “exempt surplus” for affordable housing. On October 11, 2022, Council declared the following properties as “surplus land”:
• 1855 Main Street (“Civic Auditorium” - APN 4290-013-901) • 1635 5th Street (“Apple Building” – APN 4290-011-906) • 1636 5th Street (“Parking Lot 29” - APNs 4290-011-903, 4290-011-904, 4290- 011-905) Expo Line Kiss & Ride Lot (APN 4290-011-909)
The Notice of Availability for these properties were prioritized and noticed to all the affordable housing developers registered with HCD. On March 14, 2023, consistent

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with the goals of the SLA and the City’s adopted and certified 2021-2029 Housing Element, Council declared the three City-owned properties as “exempt surplus”:
• 1217 Euclid Street (APN 4282-004-900)
• 1211-1217 14th Street (APN 4282-003-900 and -901)
• 1146 16th Street (APN 428-1005-900)
These three properties were identified as suitable to accommodate a portion of the City’s share of regional housing need for lower income households and will be developed as 100% affordable housing. As the City continues to evaluate its assets for additional opportunities, City staff has identified the following City-owned properties as no longer needed for municipal purposes and eligible for declaration as surplus lands. 1444 7th Street (Former Fire Station 1); APN: 4290-020-900; Size: 0.34 acres This property was built in the 1950’s and formerly operated as the City’s Fire Station 1, the City’s oldest fire station before the new Fire Station 1 on 1337 7th Street was completed in 2020. The former Fire Station 1 contains 14,994 square feet of land located on the west side of 7th Street between Santa Monica Boulevard and Broadway.

The property currently functions as equipment and vehicle storage for the City’s Promenade Maintenance Division and The People’s Concern. This summer it is also anticipated that the property will provide a small workspace (for up to 3 people) and parking for the LA County Department of Mental Health Team and therapeutic transport van. In the event the City receives offers to purchase or lease this opportunity site, the City would evaluate options to relocate the interim uses within the Downtown Santa Monica district. The zoning for this property is Neighborhood Village which provides a development standard of 4.0 FAR and building height up to 84 feet. Housing developments with 100% affordable units in this zone could receive an additional .5 FAR and 10’ in height.
1654 19th Street (City TV Building); APN 4290-026-009; Size 0.18 acres Located mid-block between Olympic Boulevard and Colorado Avenue, the City TV Building (4,700 square feet) is situated on an 8,011 square foot lot. The facility has been shuttered since 2020 and currently houses equipment that is used for the City’s cable television and video services. The zoning for this property is Industrial

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Conservation which allows a variety of industrial and commercial developments though housing is not currently permitted. Effective June 1, 2023, through the implementation of the Housing Element, as adopted by Council on March 21, 2023, housing will be permitted. Additionally, neighborhood serving land uses such restaurants, retail, personal services, and markets will be permitted in the IC zoning district to support housing development and the creation of new neighborhoods in this area. The development standard for the IC zone is 3.0 FAR and building height up to 65 feet.

Housing developments with 100% affordable units in this zone could receive an additional .5 FAR and 10’ in height.

Expo Line “Kiss and Ride” Lot; APNs:4290-011-901 and 4290-011-902 The Expo Line Kiss and Ride Lot is comprised of three parcels (APN 4290-011-909, 4290-011-901 and 4290-011-902). At its meeting on October 11, 2022, Council adopted a resolution declaring APN 4290-011-909 as surplus land but did not include two small remnant parcels (APN 4290-011-901 and 902) that are immediately adjacent. The City’s Notice of Availability (NOA), issued on November 11, 2022, incorporated the three parcels. Declaring the two remnant parcels (APN 4290-011-901 and 4290-011- 902) would complete the declaration of the entire Expo Line Kiss and Ride lot as surplus lands. The two remnant parcels are included in the attached resolution to ensure consistency with the November 11, 2022 NOA and the City’s intent to declare all three parcels associated with Kiss and Ride Lot as surplus.

Future Actions
Assuming these properties are designated as surplus lands, staff will proceed with noticing procedures under the SLA prior to commencing disposition negotiations. An example of the City’s draft Notice of Availability (NOA) cover letter is attached. Entities registered as interested affordable housing developers would receive copy of the NOA with 60 days to respond.

If the event the City does not receive any interest in the “surplus” properties, the City is required to record a covenant that provides that, in the event 10 or more residential

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units are developed on the land in the future, at least 15% of the units must be set aside as affordable housing.

Environmental Review
The resolution to declare the properties as surplus lands is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”. The resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, as no development is authorized by this resolution and any future disposition will require separate environmental analysis, if and when, the details of such disposition are known.

Past Council Actions
Meeting Date Description
3/23/2021 Adoption of a Resolution of Inventory of City-Owned Properties Subject to the Surplus Lands Act
10/11/2022 Adoption of Resolution Declaring Surplus Properties 3/14/2023 Adoption of a Resolution Declaring Surplus Properties Financial Impacts and Budget Actions
There are no immediate financial impacts or budget actions necessary because of the recommended actions. An analysis of the specific financial impacts for each property will be presented when staff returns with interim or long-term disposition proposals for Council consideration.

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

A. Attachment A - Resolution
B. Attachment B - NOA Cover Letter
C. March 23, 2021 Staff Report (Web Link)
D. October 11, 2022 Staff Report (Web Link)
E. March 14, 2023 Staff Report (Web Link)

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1 City Council Meeting: April 25, 2023 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

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

CALIFORNIA, DECLARING PURSUANT TO THE SURPLUS LAND ACT THAT CERTAIN REAL PROPERTY OWNED BY THE CITY LOCATED AT 1444 7 TH
STREET, 1654 19TH STREET AND EXPO KISS & RIDE LOT PARCELS (4290-011- 901 and 4290-011-902) IS SURPLUS LAND NOT NECESSARY FOR THE CITY’S USE; FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND

TAKING RELATED ACTIONS
WHEREAS, the City of Santa Monica (“City”) is the owner in fee simple of that certain real property located at 1444 7th Street (APN 4291-020-900) (“Former Fire Station 1”), 1654 19th Street (APN 4290-026-009) (“City TV”) and Expo Lot Parcels (4290-011-901 and 4290-011-902) as surplus lands, in the City of Santa Monica, and described in Exhibit “A,” attached hereto and made a part of hereof (collectively, the “City Owned Properties”); and
WHEREAS, under the California Surplus Land Act (Government Code Sections 54220-54233) (the “SLA”), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City’s use; land must be declared either surplus land or exempt surplus land; and
WHEREAS, under the SLA, land is necessary for the City’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and

14.A.a
Packet Pg. 298 Attachment: Attachment A - Resolution [Revision 2] (5576 : Adoption of Resolution Declaring Surplus Properties (45 mins)) 2 WHEREAS, the City Council desires to declare Former Fire Station 1, City TV Building and the two remnant parcels at the Expo Kiss & Ride Lot are surplus lands and not necessary for the City’s use; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, the City Council hereby resolves as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Council hereby declares that the Former Fire Station 1, City TV Building and the two remnant parcels at the Expo Kiss & Ride Lot are surplus lands and not necessary for the City’s use.

SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold or leased to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

SECTION 4. The City Manager or his or her designee is authorized to submit the

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Packet Pg. 299 Attachment: Attachment A - Resolution [Revision 2] (5576 : Adoption of Resolution Declaring Surplus Properties (45 mins)) 3 report of declared surplus land and exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law and file a Notice of Exemption pursuant to CEQA Guidelines Section 15062.

SECTION 5. The City Manager or designee is hereby authorized to do all things which are deemed necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.

Such actions include negotiating in good faith in accordance with the requirements of the SLA with any of the authorized entities that submit a written notice of interest to purchase or lease the property in compliance with the SLA.

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

APPROVED AS TO FORM:
__________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 300 Attachment: Attachment A - Resolution [Revision 2] (5576 : Adoption of Resolution Declaring Surplus Properties (45 mins)) 4 EXHIBIT “A”

LEGAL DESCRIPTIONS
1444 7th Street (Former Fire Station 1); APN: 4290-020-900; Size: 0.34 acres SANTA MONICA LOTS H AND LOT I BLK 168
1654 19th Street (City TV Building); APN 4290-026-009; Size 0.18 acres LOT 9, BLOCK 12, ERKENBRECHER SYNDICATE SANTA MONICA TRACT Expo Line Parking Lot Remnant Parcels
APN:4290-011-901; Size: 0.11 acres
1/2 VAC ALLEY ADJ ON NE AND POR OF LOT 8 M R 22-11 AND POR P. 3-30-31 APN:4290-011-902; Size: 0.12 acres
ELLIOTT"S ADDITION TO SANTA MONICA 1/2 VAC ALLEY ADJ ON SW AND LOT 9

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Packet Pg. 301 Attachment: Attachment A - Resolution [Revision 2] (5576 : Adoption of Resolution Declaring Surplus Properties (45 mins)) Adopted and approved this day of ____ April 2023.

Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the day of______ April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Denise Anderson-Warren, City Clerk

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Packet Pg. 302 Attachment: Attachment A - Resolution [Revision 2] (5576 : Adoption of Resolution Declaring Surplus Properties (45 mins))

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Santa Monica City CouncilApril 25, 2023

Santa Monica City Council
April 25, 2023