Agenda packet — Santa Monica City Council, May 9, 2023 (part 2 of 5)

The City recently reviewed various City-owned properties and evaluated the sites for potential affordable housing development. The sites represented a range development potential involving nearterm and long-term opportunities, as well as housing production ‘yield’. Once particular site was ready for redevelopment, and during 2019, the City Council authorized the property at 1318 4thStreet to be developed as 100% affordable housing, including a requirement that a significant portion of the future affordable housing be targeted to persons experiencing homelessness. The City will continue to monitor the development potential and readiness of other City-owned properties for use as affordable housing.

Discussion
N/A

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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
2 2. Provide Safe,
Affordable Housing
Opportunities
2020 2024 Affordable
Housing
Non-Homeless
Special Needs
Low/Mod
Areas
Expand/Improve
Public Infrastructure
& Facilities
Fair Housing
CDBG:
$1,301,455
HOME:
$645,831
CDBG-CV:
$1,736,177
Public service activities for
Low/Moderate Income
Housing Benefit: 400
Households Assisted
Tenant-based rental
assistance / Rapid
Rehousing: 25 Households
Assisted
Other: 5 Other
3 3. Provide Vital
Services for LMI &
Special Needs
2020 2024 Non-Housing
Community
Development
Low/Mod
Areas
Public Services &
Quality of Life
Improvements
Fair Housing
CDBG:
$95,630
Public service activities other
than Low/Moderate Income
Housing Benefit: 600 Persons
Assisted
4 4. Economic
Development
Opportunities
2020 2024 Non-Housing
Community
Development
Low/Mod
Areas
Economic
Development
Opportunities
CDBG:
$47,815
Public service activities other
than Low/Moderate Income
Housing Benefit: 180 Persons
Assisted

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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
5 5. Provide
Assistance
Homeless Services
& Shelters
2020 2024 Homeless Low/Mod
Areas
Homelessness
Housing & Support
Services
CDBG:
$53,343
Homelessness Prevention:
140 Persons Assisted
Table 55 – Goals Summary
Goal Descriptions
2 Goal Name 2. Provide Safe, Affordable Housing Opportunities Goal
Description
Increase affordable rental housing opportunities for LMI households through the provision of Tenant-Based Rental Assistance and emergency rental assistance for citizens impacted by COVID-19. While the City will typically dedicate its CDBG resources for low to moderate income clients, in the event of a natural disaster or other declared emergency, the City may direct funds to serve individuals and households with a particular urgent need. By definition urgent need clients are those that have a particular emergency situation but are over 80% AMI 3 Goal Name 3. Provide Vital Services for LMI & Special Needs Goal
Description
Provide supportive services for low income and special needs populations in the jurisdiction. Public services will include General Community Legal Services, including fair housing awareness, and eviction prevention, provided by Legal Aid Foundation of Los Angeles.
4 Goal Name 4. Economic Development Opportunities
Goal
Description
Provide for community-based job training and job placement services through Chrysalis.

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5 Goal Name 5. Provide Assistance Homeless Services & Shelters Goal
Description
Provide for homeless prevention services in the City of Santa Monica. Provide assistance to St Joseph’s Center for their provision of homeless shelters and support programs.

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Projects
AP-35 Projects – 91.220(d)
Introduction
The development of the Annual Action Plan involved consultation with those agencies involved in delivering housing and housing services within Santa Monica. Meetings and discussions were held between the staff of the City's Human Services Division and other City Departments, as well as conducting interviews and a survey with appropriate housing and social service agencies regarding the housing and community needs of children, elderly persons, persons with disabilities, and homeless persons. Public input was also solicited through public hearings at Commission meetings. All projects selected to receive funding meet objectives and goals set by the City to address housing and social needs.

Projects
# Project Name
1 CDBG: Administration
2 CDBG: Emergency Rental Assistance (COVID-19)
3 CDBG: Public Services
4 CDBG: Independent Living Service
5 HOME: Administration
6 HOME: Tenant-Based Rental Assistance
7 CDBG-CV: Administration
8 CDBG-CV: Emergency Rental Assistance (COVID-19)
Table 56 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
See Unique Grantee Appendices.

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AP-38 Project Summary
Project Summary Information

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1 Project Name CDBG: Administration
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities

3. Provide Vital Services for LMI & Special Needs

4. Economic Development Opportunities

5. Provide Assistance Homeless Services & Shelters
Needs Addressed Preserve & Develop Affordable Housing
Public Services & Quality of Life Improvements
Economic Development Opportunities
Homelessness Housing & Support Services
Funding CDBG: $244,881
Description Administer the CDBG program in compliance with federal regulations for the 2020 PY.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description N/A
Planned Activities Administer the CDBG program in compliance with federal regulations for the 2020 PY.
2 Project Name CDBG: Emergency Rental Assistance (COVID-19) Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding CDBG: $1,052,094
Description Provide Emergency Rental Assistance to households impacted by COVID-19.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Emergency Rental Assistance: 150 Households Assisted
(Excludes CDBG-CV Funded portion of Project, which is included separately)
Location Description Citywide

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Planned Activities Provide Emergency Rental Assistance to households impacted by COVID-19.
3 Project Name CDBG: Public Services
Target Area Low/Mod Areas
Goals Supported 3. Provide Vital Services for LMI & Special Needs

4. Economic Development Opportunities

5. Provide Assistance Homeless Services & Shelters
Needs Addressed Preserve & Develop Affordable Housing
Economic Development Opportunities
Homelessness Housing & Support Services
Fair Housing
Funding CDBG: $164,624
Description Santa Monica Retention Program (St. Joseph Center): Provide assertive outreach and intensive case management to chronically homeless persons. General Community Legal Services (Legal Aid Foundation of Los Angeles): Provide a full range of legal services to low-income residents to promote fair housing awareness, prevent eviction, provide access to justice, and strengthen communities. Santa Monica Employment Program (Chrysalis): Provide job training and job placement services to low-income and homeless residents.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Santa Monica Retention Program (St. Joseph Center): 140 Persons Assisted
General Community Legal Services (Legal Aid Foundation of Los Angeles): 600 Persons Assisted
Santa Monica Employment Program (Chrysalis): 180 Persons Assisted Location Description Citywide
Planned Activities Santa Monica Retention Program (St. Joseph Center): Provide assertive outreach and intensive case management to chronically homeless persons.

General Community Legal Services (Legal Aid Foundation of Los Angeles): Provide a full range of legal services to low-income residents to promote fair housing awareness, prevent eviction, provide access to justice, and strengthen communities.

Santa Monica Employment Program (Chrysalis): Provide job training and job placement services to low-income and homeless residents.

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4 Project Name CDBG: Independent Living Service
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Fair Housing
Funding CDBG: $36,644
Description Minor home modifications for special needs populations, including seniors and persons with disabilities.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Home Modifications for People with Special Needs: 5 Households Location Description Citywide
Planned Activities Minor home modifications for special needs populations, including seniors and persons with disabilities.
5 Project Name HOME: Administration
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding HOME: $64,452
Description Administer the HOME program in compliance with federal regulations for the 2020 PY.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description N/A
Planned Activities Administer the HOME program in compliance with federal regulations for the 2020 PY.
6 Project Name HOME: Tenant-Based Rental Assistance
Target Area Low/Mod Areas

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Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding HOME: $581,379
Description Provide tenant based rental assistance for low-moderate income households.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Tenant-based Rental Assistance: 25 Households Assisted
Location Description Citywide
Planned Activities Provide tenant based rental assistance for low-moderate income households.
7 Project Name CDBG-CV: Administration
Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding CDBG-CV: $138,292
Description Administer the CDBG-CV program in compliance with federal regulations for the 2020 PY.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
N/A
Location Description N/A
Planned Activities Administer the CDBG-CV program in compliance with federal regulations for the 2020 PY.
8 Project Name CDBG-CV: Emergency Rental Assistance (COVID-19) Target Area Low/Mod Areas
Goals Supported 2. Provide Safe, Affordable Housing Opportunities Needs Addressed Preserve & Develop Affordable Housing
Funding CDBG-CV: $1,597,885

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Description Provide Emergency Rental Assistance to households impacted by COVID-19.

Target Date 6/30/2021
Estimate the number
and type of families
that will benefit from
the proposed activities
Emergency Rental Assistance: 250 Households Assisted
(Excludes CDBG Funded portion of Project, which is included separately) Location Description Citywide
Planned Activities Provide Emergency Rental Assistance to households impacted by COVID-19.

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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Area Name:

The latest HUD data indicate that there are 19 low/mod Block Groups in Santa Monica, distributed among 10 City’s Census Tracts. A map in the appendix to this Plan shows the location of these Block Groups.

Area Type:

All are HUD-defined low/mod areas.

Identify the neighborhood boundaries for this target area.

See above.

Include specific housing and commercial characteristics of this target area.

In each of these neighborhoods, the housing stock is typically older, and often smaller. Streets may need repair and other infrastructure is older.

How did your consultation and citizen participation process help you to identify this neighborhood as a target area?
These areas have been areas of concern in the past and emerged in the course of examining the data.

They were also mentioned in the course of community stakeholder discussions. These discussions confirmed the already known needs of these areas, complementing or corroborating the data.

Identify the needs in this target area.

The City’s needs are numerous and varied. As will be shown in the following sections, the principal needs are: 1) affordable housing through production, rehabilitation/repair, home modifications, and financial assistance, public improvements to improve neighborhoods, 2) housing for persons with special needs, 3) assistance for the homeless, including housing, services and homelessness prevention, 4) community and public services especially for youth, the elderly, the homeless, and persons with disabilities, 5) economic development and anti-poverty programs focused primarily upon job training

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and career preparation, 6) public facility and infrastructure improvements centered upon accessibility improvements and 7) fair housing.

What are the opportunities for improvement in this target area? The opportunities are significant. First, the City can keep residents in safe, affordable housing and prevent additional persons and families from becoming homeless. Second, the City can improve the quality of life by providing needed services and improving conditions in these areas. Third, the City can assist the residents of these areas in obtaining employment.

Are there barriers to improvement in this target area?
The barriers are significant because of the amount of effort and resources needed to provide the necessary assistance.

Geographic Distribution
Target Area Percentage of Funds
Low/Mod Areas 95
Table 57 - Geographic Distribution
Rationale for the priorities for allocating investments geographically Discussion
N/A

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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
As noted earlier, the most important impediment to affordable housing revolves around the lack of Federal and State resources for affordable housing initiatives. The lack of programs and resources to reduce excessive rent or mortgage burdens to qualified persons is a key factor.

Another barrier to affordable housing in Santa Monica is the high cost of housing created by a demand for housing, both existing and new, which exceeds the current supply. Santa Monica is perceived as a desirable place to live, and has experienced growth in terms of both businesses that wish to operate here and in terms of people who wish to reside here. Despite the recent downturn in the housing market nationally, housing prices, both purchase and rental, remain high, especially for lower income households.

In addition, the cost of site acquisition is very high, as are development costs. These facts make housing construction expensive and put affordable housing out of the reach of low-income households.

The Housing Needs Assessment also identified stringent criteria in the mortgage origination process due to the foreclosure crisis, which also is outside the scope and control of City policy. In some instances, issues revolving around personal finances (lack of down payment, credit history, employment history) affect the availability of affordable housing for Santa Monica residents.

One Year Goals for the Number of Households to be Supported Homeless 140
Non-Homeless 780
Special-Needs 5
Total 925
Table 58 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 425
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 275
Table 59 - One Year Goals for Affordable Housing by Support Type Discussion

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AP-60 Public Housing – 91.220(h)
Introduction
The Santa Monica Housing Authority was consulted during the 2020-24 Consolidated Plan development process. It is the intention of the Authority to continue to ensure that its participants in the Housing Choice Voucher, Continuum of Care voucher, and HOME voucher programs are housed in safe and adequate affordable housing.

Actions planned during the next year to address the needs to public housing The City of Santa Monica and the Santa Monica Housing Authority, do not own or operate any housing.

In recent years, the City has coordinated with the Housing Authority to evaluate issues and will continue to do so, though the City does not plan to provide funding for any Housing Authority programs or projects. The City currently provides funds for the former Redevelopment Agency vouchers and contributes to staff costs.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not Applicable
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable
Discussion

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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The needs of homeless persons and of persons with special needs are complex and require a wide range of specialized services. Numerous agencies are often involved in the care of a homeless person, providing distinct services such as housing, mental health counseling, employment training, and case work services. A number of activities and services are funded to help the needs of the homeless and other special needs populations. Overall, these services address the high priority of reducing homelessness and the threat of becoming homeless, as well as providing necessary services.

There are several groups that have a higher need for affordable housing and have special housing needs.

These groups have been identified as: the elderly and frail elderly, persons with disabilities (mental, physical, developmental), victims of domestic violence, youth (in general and aging-out foster youth), and members of the Santa Monica Service Registry, which is a list of the most vulnerable chronically homeless individuals as determined by length of time on the streets, age, and physical and mental health conditions.

Seniors, people with disabilities, and chronically homeless Service Registry participants are more likely to face housing problems and have difficulty affording housing. Seniors and people with disabilities also have a need for accessible housing, whether for new housing, rehabilitated existing housing, or the adaptation of the housing they currently occupy. In addition to general challenges, seniors may have supportive needs resulting from increasing physical conditions.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
HSD has partnered with LA County Homeless Initiative and Department of Health Services to fund two innovative street outreach teams: HMST (Homeless Multidisciplinary Street Team) and C3 (City, County, Community), both of which are operated by local nonprofit The People Concern. HMST is dedicated to working with the highest utilizers of fire and police services, while the C3 team focuses geographically on the areas most impacted by homelessness, including the downtown area and the beach. These multidisciplinary teams engage individuals with street-based medical and behavioral health interventions to help stabilize behaviors while linking people to mainstream resources. In 2019, the C3 team provided street-based mental health services to 207 individuals and medical care to 75 people in the Downtown Santa Monica area and the beach. In 2019, HMST made 1,290 unique engagements with 30 individuals who have been identified as the highest utilizers of City emergency services. Eleven of these 30 individuals were either placed in or maintained permanent housing in 2019. As part of the Coordinated Entry System (CES) for Los Angeles County, the teams utilize the county’s vulnerability assessment tool (VI-SPDAT) to prioritize highly vulnerable households for housing placement. Using the

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City’s HMIS and monthly care coordination meetings, the City works closely with local and regional providers to track the progress of these individuals, assisting with advocacy and resources to remove system and process barriers in order to shorten the length of homelessness.

The Downtown Santa Monica Ambassadors work in the same area, also providing outreach and referrals to individuals wherever they may be. In the last year, two new social workers were stationed at the Santa Monica Public Library, to further engage, complete assessments, address behavioral health needs, and provide referrals to mainstream services.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to support over 350 transitional shelter beds in the community with the goal of increasing regional bed capacity through its participation in the Westside Cities Council of Government (WSCCOG). The WSCCOG is a vehicle through which the City champions regional solutions and problemsolving in tandem with the leadership of neighboring communities. The WSCCOG is currently developing a housing and services needs assessment.

The City has invested in replacing SAMOSHEL, a sprung-tent shelter that was originally built in 1994 as a temporary facility, with a new permanent facility. The City has begun a two-year feasibility study to better understand the interim housing needs of our population experiencing homelessness that will inform design of the new facility.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs
In addition to the programs detailed in section SP-60 of the 2020-24 Consolidated Plan,-the goals and

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actions to address the issues noted above in this Annual Action Plan include:
• Increase the supply of supportive housing for special needs populations; • Preserve existing special needs housing and supportive services; • Adapt existing housing to meet the needs of special needs populations; • Improve access to services for special needs persons; • Promote economic development via job training and job placement. • Assist the homeless and those at risk of homelessness with access to permanent affordable housing and necessary supportive services; and
• Coordinate homeless services and encouraging collaboration among service providers.

These programs will address the needs of the homeless population (especially chronically homeless individuals and families, families with children, veterans and their families,) with a range of services that includes emergency shelter, transitional housing and permanent housing.

Discussion

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The Housing Element of the City’s General Plan recognizes concerns about affordable housing and addresses them through several goals, specifically: identifying programs to assist in the production of affordable units, protecting and rehabilitating affordable units, and providing assistance to low- and moderate-income households and households with special needs.

The City of Santa Monica continues to monitor, analyze, and address market conditions and governmental factors that may act as barriers to affordable housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Discussion:

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AP-85 Other Actions – 91.220(k)
Introduction:

The City is committed to addressing the needs of underserved populations in the community and fully understands that to efficiently leverage CDBG funds, it is necessary to mitigate obstacles low-income families face in securing financial opportunities, affordable housing, and the safety of their homes.

Actions planned to address obstacles to meeting underserved needs The greatest challenge to meeting underserved needs in the coming year will be meeting the increased need for program activities with a limited amount of funding. To overcome this significant challenge the City will work more efficiently, seek a greater level of collaboration with other agencies and organizations, and aggressively seek opportunities to leverage funds.

Actions planned to foster and maintain affordable housing The City places great emphasis upon seeing that decent, safe affordable housing is available for lowincome residents to the extent possible. The City also believes that rehabilitation of rental housing units is a high priority, as this effort keeps people in affordable housing and, especially for extremely lowincome and elderly homeowners, may serve to prevent homelessness. Homeless activities, ranging from providing emergency shelter to preventing homelessness receive a high priority. Thus, the City will focus on multiple efforts including rental assistance, rental rehabilitation, new rental construction (using local, non-federal funds), as well as home modifications to accommodate persons with special needs and in many instances prevent homelessness.

Actions planned to reduce lead-based paint hazards
Since inception of the CDBG program, all homes older than 1978 scheduled for rehabilitation activities receive lead-based paint testing to determine the extent of lead hazards, and where appropriate, remediated in conjunction with the rehabilitation. Any lead found was addressed by interim controls and abatement through covering and/or painting.

The City will also continue the tasks described in SP-65 the following steps this program year to meet lead-based paint requirements.

Actions planned to reduce the number of poverty-level families The City’s anti-poverty strategy is part of a coordinated effort to create jobs and improve the local economy. CDBG provides the core funding for critical basic needs including health, childcare, housing, and transportation because the creation of economic opportunities is not an isolated solution to alleviating poverty. The City works with community partners to identify educational, life skills and training needs and provide opportunities for self-empowerment that will enable low- and moderate5.C.b Packet Pg. 351 Attachment: Attachment B: 2020-24 Consolidated Plan (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) Consolidated Plan SANTA MONICA 188
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income residents to become and continue to be self-sufficient and economically independent. These programs have an immediate impact on primary needs of the low-income population and the causes of poverty. The City will continue to implement the anti-poverty strategy outlined in the preceding Consolidated Plan. This includes continued prioritization of housing and homeless programs per HUD requirements, as well as other programs that address the following:
• Pre-vocational and job readiness skills training including assessment and assistance with applications, resumes, job-seeking skills and work performance standards; • Job development and placement for temporary and permanent employment opportunities with businesses, industry, and government;
• Apprenticeships and training linkages with skills center and other vocational resources; • Educational enrichment, skill-building, and parental support to encourage children and youth to be healthy, succeed in school, avoid gang activity, and prepare for productive adulthood; • Youth skill-building and development to design innovative and creative alternatives to criminal involvement, youth violence, isolation, and loss of opportunities for growth; • Legal services to include brief service and full representation in landlord/tenant matters, public benefits assistance, immigration, discrimination, consumer affairs, and other critical legal aid; • Domestic violence intervention and prevention that offers counsel and advice, immediate assistance in obtaining restraining, stay-away and other protective orders, and critical support services to victims of domestic violence;
• Independent living skills and assistance and peer counseling to ensure full self-sufficiency and independence among elderly and disabled individuals;
• Child care subsidies (infant, preschool and elementary) and assistance to working parents; • Free health care and supportive service assistance to extremely low, very low, and low- income Santa Monica residents including vital assistance to those with HIV/AIDS.

The City continues to implement its Living Wage Ordinance, which requires all contractors with service contracts greater than $54,200 to pay their employees a living wage. The living wage is updated annually. For FY 2019-20 the living wage was set at $16.63 per hour.

Additionally, the City continues to leverage other federal, state, and local funds to assist homeless and near homeless households with rental assistance, housing search and placement, and legal and credit repair services.

Also, the City will encourage the efforts of the Santa Monica Housing Authority, which administers the Section 8 vouchers within the City and the Section 8 Family Self Sufficiency (FSS) program (which teaches

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employment and self-sufficiency skills to low income families with children).

Actions planned to develop institutional structure
See SP-40 Institutional Delivery Structure
Actions planned to enhance coordination between public and private housing and social service agencies
The City has identified gaps in institutional structure for implementing the Consolidated Plan and ways to enhance coordination among housing agencies and social service providers. These gaps included a lack of sufficient resources and the need for better information dissemination and sharing among agencies and organizations that provide services. As noted in PR-10, the City has been proactive in addressing these gaps and undertaken a number of specific actions to overcome these gaps. The City will continue to work with other agencies and departments in several areas including social services, lead abatement and mental health services. The City will continue to seek to establish new relationships with the private sector to accomplish economic and community development activities.

Discussion:

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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 50,000

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 50,000
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is

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as follows:

HOME program resources are as follows:
• The FY2020 HOME allocation of $605,977. These funds will be used towards HOME Admin and TBRA as described in AP-35 Projects.
• Program income of $40,000 from loan repayments from affordable housing developments originally funded with HOME.
• Repayments: None, see below.
• Recapture funds in local account: None, see below.

These funds will be used towards HOME Admin and TBRA as described in AP-35 Projects.

The City does not use HOME funds in any other manner than those described in Section 92.205.

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

Not applicable. The City does not use HOME funds for homebuyer activities.

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

The City does not use HOME funds for homebuyer activities. When HOME funds are used to acquire residential rental property dedicated as affordable housing, the City applies its Housing Trust Fund Guidelines, which require 55 years of affordability.

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

Not applicable. The City does not use HOME funds to refinance existing debt.

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Attachments

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Citizen Participation Comments

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News
2 WEEKEND EDITION, OCTOBER 10 - OCTOBER 11, 2020
SMDP STAFF CHOSE THE FOLLOWING FROM 35 CALLS ON OCT. 08 Odor Investigation 900blk 4th St 12:37 a.m.

EMS 1300blk 17th St 1:03 a.m.

EMS 3rd St / Washington Ave 1:28 a.m.

Trash/Dumpster Fire 100blk Ocean Park Blvd
2:18 a.m.

EMS Ocean Ave / Broadway 3:17 a.m.

EMS 1000blk Princeton St 3:42 a.m.

Flooded Condition 1200blk Georgina Ave 6:54
a.m.

EMS 2200blk Hill St 7:20 a.m.

Automatic Alarm 500blk Broadway 7:26 a.m.

EMS 700blk Pacific St 9:01 a.m.

EMS 1000blk 3rd St 9:09 a.m.

EMS 1100blk 17th St 9:11 a.m.

EMS 2600blk Kansas Ave 10:05 a.m.

EMS 1200blk 9th St 10:29 a.m.

EMS 1000blk 9th St 12:06 p.m.

Traffic Collision With Injury 2800blk Ocean
Park Blvd 12:13 p.m.

Automatic Alarm 1200blk 6th St 12:22 p.m.

EMS 1100blk 7th St 12:37 p.m.

EMS 12th St / Wilshire Blvd 12:47 p.m.

EMS 2000blk Arizona Ave 12:49 p.m.

EMS 1300blk 2nd St 1:46 p.m.

EMS 500blk Olympic Blvd W 1:55 p.m.

EMS 2300blk 31st St 3:37 p.m.

Carbon Monoxide Alarm 1500blk 9th St 4:43
p.m.

EMS 800blk 20th St 5:02 p.m.

Miscellaneous Outside Fire 2300blk 4th St
5:43 p.m.

EMS 1400blk 5th St 5:45 p.m.

EMS 900blk California Ave 6:16 p.m.

EMS 2200blk Colorado Ave 6:47 p.m.

EMS 3300blk Barnard Way 6:50 p.m.

EMS 1300blk Centinela Ave 8:22 p.m.

EMS 2800blk 3rd St 8:26 p.m.

Automatic Alarm 1200blk 6th St 8:41 p.m.

EMS 1500blk Princeton St 8:42 p.m.

EMS Main St / Pico Blvd 9:41 p.m.

DAILY FIRE LOG

CITY OF SANTA MONICA
NOTICE OF AVAILABILITY OF AMENDED 2020-24 CONSOLIDATED PLAN AND FY 2020-21 ANNUAL ACTION PLAN ALLOCATING COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) & HOME INVESTMENT

PARTNERSHIP ACT (HOME) PROGRAM FUNDS
The U.S. Department of Housing and Urban Development (HUD) provides annual CDBG and HOME entitlement funds to the City of Santa Monica. As a recipient of these federal funds, HUD requires the City to develop a five-year Consolidated Plan and Annual Action Plans for housing and community development which identify high priority needs and the associated goals, strategies, and resources anticipated over a five-year period.

Notice is hereby given that the City of Santa Monica has amended the 2020-24 Consolidated Plan and FY 2020-21 Annual Action Plan. The plans were approved by City Council on June 9, 2020 following an initial 30-day public review period beginning on March 16, 2020 and an additional five-day public review period beginning on June 4, 2020.

Since then, additional CDBG funds have been allocated to the City via the CARES Act to fund activities that prevent, prepare for, and respond to coronavirus. Those additional funds have been incorporated into the amended plans, which are available for a five-day public review period beginning October 10, 2020 and can be viewed online here: http://www.smgov.net/hsd.

Written comments may be submitted by October 15, 2020 by email to [email protected] or by mail to: Housing and Human Services Division, 1685 Main Street, MS22, Santa Monica, CA 90401.

Citywide
Verdi Chorus Performance
The Verdi Chorus continues its 37th season with The Fox Singers in Amor y Odio, Songs of Spain and the New World presented by The Verdi Chorus and the Sahm Family Foundation. This musical soirée is the premiere offering of the new online series called VERDI CHORUS PRESENTS led by Founding Artistic Director Anne Marie Ketchum. The Fox Singers comprise the professional ensemble of The Verdi Chorus, which is the only choral group in Southern California that focuses primarily on the dramatic and diverse music for opera chorus.

Amor y Odio is dedicated to the songs and zarzuelas of Spain and the New World, and will premiere online Sunday, November 8. Future VERDI CHORUS PRESENTS soirées featuring The Fox Singers will include an evening of Neapolitan favorites and Italian art songs and an evening dedicated to American song. These online concerts will be available on the Verdi Chorus website at https://www.verdichorus.org.

The Fox Singers demonstrate the mission of The Verdi Chorus to provide performance opportunities to young professional singers, and these highly promising singers, named in memory of long-time Chorus and Board member Walter Fox, not only serve as section leaders and rehearsal coaches for the Verdi Chorus, but also have opportunities to perform as featured singers in performances, and perform on occasion independently of the full Chorus. The Fox Singers featured in Amor y Odio, Songs of Spain and the New World are: sopranos Tiffany Ho and Sarah Salazar; mezzo-soprano Judy Tran; tenors Joseph Gárate and Elias Berezin; and bass Esteban Rivas.

The Fox Singers have been presented at several venues in Southern California including the Annenberg Beach House, The Broad Stage, the Huntington Library, and the Nixon Library.

How to watch: Go to https://www.verdichorus.org
The Verdi Chorus is a Southern California nonprofit organization dedicated to presenting opera choruses in concert and to providing career development opportunities for young professional singers. As the only choral group in Southern California that focuses primarily on the dramatic and diverse music of the opera chorus, The Verdi Chorus gives talented amateur singers the unique opportunity to sing side-by-side with professional singers in rehearsals leading up to performances held to the highest artistic standards. Under the direction of its remarkable Artistic Director Anne Marie Ketchum, each rehearsal is like a vocal master class.

The Verdi Chorus was founded in 1983 at the Verdi Restaurant in Santa Monica. When the restaurant closed in 1991, The Verdi Chorus continued. In 1999, the chorus incorporated as a 501(c)(3) nonprofit organization. Under the continuous direction of Founding Artistic Director Anne Marie Ketchum, the Chorus presents four concerts each year as well as other collaborative events. Its repertoire includes over 300 choruses from 81 operas in seven languages.

For more information visit: https://www.verdichorus.org

SUBMITTED BY DAVIDSON & CHOY PUBLICITY

COMMUNITY BRIEFS

COMMUNITY BRIEFS
Citywide
SMC Student Film “The Attempt” Wins Best Student Film at the 2020 Vienna Independent Film Festival
“The Attempt” — a short film written and directed by Santa Monica College (SMC) film student Daniel Despart — has won Best Student Film at the 2020 Vienna Independent Film Festival (VIFF). The awards were announced on the festival’s official Facebook page (facebook.com/ ViennaIndependentFilmFestival) Oct. 4.

VIFF’S programming director, Elena Ringo, said about the winning film: “’The Attempt’ impressed the audience and judges with its artistic qualities and important subject matter.

The current clashes in Nagorno-Karabakh made people recollect the Armenian Genocide, thus increasing interest in the film.”
“The Attempt” is set in 1921 post-World War I Berlin and it is based on a true story. It follows Soghomon Tehlirian, a young man who is given the mission to assassinate the chief orchestrator of the Armenian Genocide. During the attempt, Soghomon realizes that killing another man is not easy and contemplates starting a new life with the woman he loves. “It’s a great honor to have won Best Student Film at VIFF,” said Daniel Despart, “and it is a great testament to the artistry and professionalism of our SMC crew, since we had to recreate 1921 Berlin in Los Angeles! My intention with this film was to inspire others to look further into the true story behind Soghomon Tehlirian and in turn, the Armenian Genocide as a whole.

We must never forget our past, and in this modern age of wholesale disinformation and double-speak, this has never been more pertinent.” “’The Attempt’ takes a Dostoyevskian approach in exploring a young man’s moral conflict when he is given the mission to assassinate another human being,” said SMC Film Professor Salvador Carrasco, who heads the film production program. “Conflicts have recently arisen in the Caucasus that make the historical ghosts of this story ever so present. Such is the power of cinema: films can take on a broader dimension depending on what is going on at a given time in the world.”
Ara Woland, a renowned professional actor who plays Tehlirian and also co-produced the film, said, “I am thrilled that ‘The Attempt’ is getting the recognition it deserves because it is timely and more relevant today than ever. The events depicted in the film did not put an end to the Armenian Genocide. Armenians today, at this very moment, are at war, fighting for the survival of the nation and its 4,000 year old history. The world, however, is turning a blind eye just as it did during the Armenian Genocide, during the Holocaust, and other ethnic cleansings. The spirit of Soghomon Tehlirian is the perfect example of the perseverance of the Armenian nation.

We will fight to preserve our existence, our culture and our sacred lands. And hopefully the world will wake up and fight terrorism and aggression.”
SMC student films have won numerous accolades — including a BAFTA nomination; the Panavision Limelight Award at the Ojai Film Festival; Best Short Drama at the San Diego Film Festival; Best Short at the Prague Independent Film Festival; Special Mention at the International Festival of Film Schools in Munich; and Winner at the Women’s Independent Film Festival — and have been selected to screen in many prestigious domestic and international film festivals.

SMC offers an Associate of Science degree and Certificate of Achievement in Film Production.

To learn more, visit www.smc.edu/filmproduction or email [email protected]. The film program — as well as the films that come out of it — is on YouTube as the “Santa Monica College Film Program” channel.

VIFF is a nonprofit organization dedicated to the discovery and development of independent artists and audiences. VIFF seeks to discover, support, and inspire independent film and theater artists from around the world, and to introduce audiences to their new work. For more information, visit vienna-film-festival.com.

SUBMITTED BY GRACE SMITH

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Local
2 TUESDAY, OCTOBER 13, 2020
BACK or UNFILED
TAXES?
(310) 395-9922
SAMUEL B. MOSES, CPA
100 Wilshire Blvd., Suite 1800 Santa Monica 90401
ALL FORMS • ALL TYPES • ALL STATES

CITY OF SANTA MONICA
NOTICE OF AVAILABILITY OF AMENDED 2020-24 CONSOLIDATED PLAN AND FY 2020-21 ANNUAL ACTION PLAN ALLOCATING COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) & HOME INVESTMENT

Written comments may be submitted by October 15, 2020 by email to [email protected] or by mail to: Housing and Human Services Division, 1685 Main Street, MS22, Santa Monica, CA 90401.

CITY OF SANTA MONICA

REQUEST FOR PROPOSALS
NOTICE IS HEREBY GIVEN that the City of Santa Monica invites sealed proposals for RFP: #273 RECREATION MANAGEMENT SOFTWARE APPLICATION PROJECT • Submission Deadline is November 19, 2020 at 5:00 PM Pacific Time.

Proposals must include forms furnished by the City of Santa Monica. Request for Proposals may be obtained on the City’s Online Vendor Portal. The website for this Request for Proposals and related documents is: Planet Bids or
http://vendors.planetbids.com/SantaMonica/bidsearch4.cfm. There is no charge for the RFP package.
2 critical after SUV plows
into outdoor dining area
Associated Press
Two people were in critical condition
Monday after being injured when a man
drove his SUV into an outdoor dining area,
hitting a pedestrian and several diners in
Northern California, authorities said.

Eight people were taken to the hospital with
injuries described as major to minor after the
crash Sunday. The conditions of the other six
injured people were not immediately known,
San Jose police Sgt. Christian Camarillo said.

Officers initially said the 69-year-old driver
may have been in medical distress prior to the
crash.

A mile away and less than six hours later,
a man was fatally injured near a food truck
in a parking lot when a woman accidentally
stepped on her pickup’s gas pedal instead of
the brake. He died early Monday, Camarillo
said.

Some restaurants have set up tents and
tables in parking lots or closed off streets
because of indoor dining restrictions due to
the coronavirus pandemic.

Witnesses said screams followed the crash
Sunday at the parking lot restaurant at Grand
Century Plaza in East San Jose and people
quickly attempted to help those who were
injured.
“The noise when (the 4Runner) went
through was like a huge grinding sound
because of all the tables and everything
caught underneath,” John Brown, who was
working at a political booth nearby and saw
the crash, told the Mercury News. “It was so
fast a lot of people didn’t react at first.”
Buck Suggs, 54, of San Jose, who was also
working at the booth, said he saw the vehicle
parked in the lot directly across from the
outdoor-dining area. Suggs said he heard the
engine rev and the tires screech, then saw the
4Runner — smoke coming from its tires as it
crossed a two-lane road and a traffic median
— before it crashed into the dining area.

People could be heard screaming “get out
of the way” before a loud crashing sound, he
said.

A few hours later, a woman trying to park
her pickup truck in the parking lot of La
Placita Tropicana shopping center hit the gas
instead of the brake and crashed into a food
truck, hitting a man, Camarillo said.

The man died of his injuries at a hospital
early Monday.

Crime Watch is culled from reports provided by the Santa Monica Police Department.

These are arrests only. All parties are innocent until proven guilty in a court of law.

ON OCT. 10 AT ABOUT 8:30 P.M.

SMPD Officers responded to a radio call for service of a fight in progress. Officers on the pier arrived quickly and discovered it was a stabbing. There were three adult male victim’s with the most serious injury being stable at this time. SMFD Paramedics responded to the scene for medical treatment. The suspects are identified as: Robert Thomas Jarvis, 20 year old white male from Florida booked for 245(a)(1) PC – Assault with a Deadly weapon. Matthew Christian Jarvis, 19 year old white male from Florida booked for 245(a)(1) PC – Assault with a Deadly weapon. Meghan Crowley / 24 year old white female from Florida booked for 245(a)(1) PC – Assault with a deadly weapon.

CRIME WATCH BY DAILY PRESS STAFF
Citywide
Rotary Club of Santa Monica Offers Grants to Local NonProfits to Mitigate Impact of the COVID-19 Pandemic The Rotary Club of Santa Monica is currently accepting grant applications for its Community and Youth Grants program from local non-profit organizations. These grants are intended to fund up to $3,500 for needs organizations have related to the COVID-19 pandemic.

Information about the Community and Youth Grants program can be obtained by contacting the Rotary Club of Santa Monica at [email protected]. Grant Guidelines and an expedited Community and Youth Grant application form are available on the Club’s website https://www.rotaryclubofsantamonica.org/grants/ Grant applications are being accepted now through Friday, November 27, 2020. The Rotary Club will do its best to fund as quickly as possible. Please note that the Club will not fund costs for keeping the doors open or for staff. The Club requests that a full detail of the use of funds be provided by July 2021.

Community and Youth grant submissions that are not targeted to the novel coronavirus impact needs will be postponed for consideration.

Organizations must provide proof of non-profit 501(c)(3) status, requested supporting materials, and be able to verify that the funds align with Rotary’s service mission and benefit Santa Monica residents or nearby communities.

SUBMITTED BY SUSAN ANNETT, COMMUNITY & YOUTH GRANTS COMMITTEE CO-CHAIR

COMMUNITY BRIEFS

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Grantee Unique Appendices

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Appendix - Alternate/Local Data Sources
1 Data Source Name
Maplebrook Neighborhood Study-Training
List the name of the organization or individual who originated the data set.

N/A
Provide a brief summary of the data set.

N/A
What was the purpose for developing this data set?
N/A
How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
N/A
What time period (provide the year, and optionally month, or month and day) is covered by this data set? N/A
What is the status of the data set (complete, in progress, or planned)? N/A
2 Data Source Name
2006-2010 ACS, 2013-2017 ACS
List the name of the organization or individual who originated the data set.

US Census Bureau
Provide a brief summary of the data set.

The American Community Survey (ACS) is an ongoing survey that provides data every year -- giving communities the current information they need to plan investments and services. Information from the survey generates data that help determine how more than $400 billion in federal and state funds are distributed each year. The ACS is accessed through the American FactFinder website, which provides data about the United States, Puerto Rico and the Island Areas.

What was the purpose for developing this data set?
Information from the ACS help determine how more than $400 billion in federal and state funds are distributed each year to help communities, state governments, and federal programs.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
Santa Monica, CA

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What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2006-2010 ACS, 2013-2017 ACS 5-Year Estimates
What is the status of the data set (complete, in progress, or planned)? Complete
3 Data Source Name
2012-2016 CHAS
List the name of the organization or individual who originated the data set.

US Census Bureau, American Community Survey (ACS) and U.S. Department of Housing and Urban Development (HUD)
Provide a brief summary of the data set.

Each year, the U.S. Department of Housing and Urban Development (HUD) receives custom tabulations of American Community Survey (ACS) data from the U.S. Census Bureau. These data, known as the "CHAS" data (Comprehensive Housing Affordability Strategy), demonstrate the extent of housing problems and housing needs, particularly for low income households.

What was the purpose for developing this data set?
The CHAS data are used by local governments to plan how to spend HUD funds, and may also be used by HUD to distribute grant funds.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
Santa Monica, CA
What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2012-2016 CHAS
What is the status of the data set (complete, in progress, or planned)? Complete
4 Data Source Name
2013-2017 ACS 5-Yr Estimates
List the name of the organization or individual who originated the data set.

US Census Bureau
Provide a brief summary of the data set.

5.C.b
Packet Pg. 386 Attachment: Attachment B: 2020-24 Consolidated Plan (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) Consolidated Plan SANTA MONICA 221
OMB Control No: 2506-0117 (exp. 06/30/2018)
What was the purpose for developing this data set?
Information from the ACS help determine how more than $400 billion in federal and state funds are distributed each year to help communities, state governments, and federal programs.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
Santa Monica, CA
What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2013-2017 ACS 5-Year Estimates
What is the status of the data set (complete, in progress, or planned)? Complete
5 Data Source Name
2013-2017 ACS (Workers), 2017 LEHD (Jobs)
List the name of the organization or individual who originated the data set. 2013-2017 ACS and 2017 Longitudinal Employee-Household Dynamics: United States Census Bureau
Provide a brief summary of the data set.

The American Community Survey (ACS)is an ongoing survey that provides data every year -- giving communities the current information they need to plan investments and services. Information from the survey generates data that help determine how more than $400 billion in federal and state funds are distributed each year. The ACS is accessed through the Census website, which provides data about the United States, Puerto Rico and the Island Areas.

The Longitudinal Employer-Household Dynamics (LEHD)program is part of the Center for Economic Studies at the U.S. Census Bureau. The LEHD program produces new, cost effective, public-use information combining federal, state and Census Bureau data on employers and employees under the Local Employment Dynamics (LED) Partnership.

What was the purpose for developing this data set?
ACS:Information from the ACS help determine how more than $400 billion in federal and state funds are distributed each year to help communities, state governments, and federal programs.

LEHD:Information from the LEHD help state and local authorities who increasingly need detailed local information about their economies to make informed decisions. The LEHD Partnership works to fill critical data gaps and provide indicators needed by state and local authorities. LEHD’s mission is to provide new dynamic information on workers, employers, and jobs with state-of-theart confidentiality protections and no additional data collection burden.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
Santa Monica, CA

5.C.b
Packet Pg. 387 Attachment: Attachment B: 2020-24 Consolidated Plan (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) Consolidated Plan SANTA MONICA 222
OMB Control No: 2506-0117 (exp. 06/30/2018)
What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2013-2017 ACS (Workers), 2017 LEHD (Jobs)
What is the status of the data set (complete, in progress, or planned)? Complete
6 Data Source Name
HUD 2019 FMR and HOME Rents
List the name of the organization or individual who originated the data set.

US Department of Housing and Urban Development (HUD)
Provide a brief summary of the data set.

Fair Market Rents (FMRs) are set by HUD and used to determine payment standard amounts for HUD Programs. HUD annually estimates FMRs for the Office of Management and Budget (OMB) defined metropolitan areas, some HUD defined subdivisions of OMB metropolitan areas and each nonmetropolitan county.

HOME Rents Limits are based on FMRs published by HUD. HOME Rent Limits are set to determine the rent in HOME-assisted rental units and are applicable to new HOME leases.

What was the purpose for developing this data set?
Fair Market Rents (FMRs) are used to determine payment standard amounts for HUD Programs.

HOME Rent Limits are the maximum amount that may be charged for rent in HOME-assisted rental units and are applicable to new HOME leases.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
Santa Monica, CA
What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2019
What is the status of the data set (complete, in progress, or planned)? Complete
7 Data Source Name
PIC (PIH Information Center)
List the name of the organization or individual who originated the data set.

US Department of Housing and Urban Development (HUD)
Provide a brief summary of the data set.

IMS/PIC is responsible for maintaining and gathering data about all of PIH's inventories of HAs, Developments, Buildings, Units, HA Officials, HUD Offices and Field Staff and IMS/PIC Users.

5.C.b
Packet Pg. 388 Attachment: Attachment B: 2020-24 Consolidated Plan (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) Consolidated Plan SANTA MONICA 223
OMB Control No: 2506-0117 (exp. 06/30/2018)
What was the purpose for developing this data set?
IMS/PIC is responsible for maintaining and gathering data about all of PIH's inventories of HAs, Developments, Buildings, Units, HA Officials, HUD Offices and Field Staff and IMS/PIC Users.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
Santa Monica, CA
What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2019
What is the status of the data set (complete, in progress, or planned)? Complete
8 Data Source Name
2019 Housing Inventory Count
List the name of the organization or individual who originated the data set.

US Department of Housing and Urban Development (HUD)
Provide a brief summary of the data set.

The Housing Inventory Count Reports provide a snapshot of a CoC’s HIC, an inventory of housing conducted annually during the last ten days in January, and are available at the national and state level, as well as for each CoC. The reports tally the number of beds and units available on the night designated for the count by program type, and include beds dedicated to serve persons who are homeless as well as persons in Permanent Supportive Housing.

What was the purpose for developing this data set?
HIC provides the inventory of housing conducted annually during the last ten days in January. The reports tally the number of beds and units available on the night designated for the count by program type, and include beds dedicated to serve persons who are homeless.

How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population?
COC
What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2019
What is the status of the data set (complete, in progress, or planned)? Complete

5.C.b
Packet Pg. 389 Attachment: Attachment B: 2020-24 Consolidated Plan (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) 1 Xavier Mota
From: Elizabeth Lutz <[email protected]>
Sent: Monday, May 8, 2023 5:55 PM
To: councilmtgitems
Subject: 19th street #5 C council meeting 5/11/23

EXTERNAL
Please consider full funding for the infrastructure for 19th street community garden activity and wellness center.

It potentially allows a divided neighborhood a common ground to cultivate connection. It’s invaluable for the City to invest in community open spaces.

Thank you
Elizabeth Lutz
ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 390 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) From: Council Mailbox
To: councilmtgitems
Subject: Fw: Agenda Item 5C 19th Street Parcel Development Date: Monday, May 8, 2023 2:24:48 PM
From: [email protected] <[email protected]>
Sent: Monday, May 8, 2023 1:38 PM
To: Council Mailbox <[email protected]>
Subject: Agenda Item 5C 19th Street Parcel Development

EXTERNAL
Dear Council Members,
I am writing in support of agenda item 5C, the proposal to develop the 19th Street Parcel with the ultimate plan to create a communal garden.

More Santa Monica communal gardens will address the very real issue of food insecurity, will help ameliorate the impact of climate change, and will help create a community of resilient and self sustaining citizens
Please vote to approve agenda item 5c
Tim Bowler
Santa Monica Resident
ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 391 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) From: martha bardach
To: councilmtgitems
Subject: RE Meeting on May 9th - Item # 5 C - - Annual Goals and Objectives AP-20 - Use of CDBG Funds for 19th Street Urban AG project
Date: Monday, May 8, 2023 2:25:19 PM

EXTERNAL
Dear City Council Members,
I am writing to endorse the use of CDBG funds to develop the city-owned property on 19th Street north of Pico Blvd. and Santa Monica College.

It is a site very well situated for active and dedicated community engagement and benefit within the Pico Neighborhood. Bravo. What a boon this would be.

I am a dedicate volunteer at Ishihara Learning Garden, the fully communal garden within the Santa Monica Community Garden system. Ishihara serves the community beyond the scope ever imagined when it was planned and built. There is a vital corps of volunteers who regularly work to produce edibles for the Pico neighbors. It is a place sought out by parents and toddlers, pre-schools, senior citizens, academics, and neighbors as well as passers-by.

In its 6+ years of existence, Ishihara has become a beloved site for the community.

The 19th Street property can be this and more given the size of the city lot. That means more and more locally grown organic food, more community activities, more coming together in open and healthy space, more education about healthy eating and exercise, and more! Please don’t miss this opportunity for Santa Monica to lead the region in providing for your constituents with all these incredible benefits.

Thank you for your time.

Respectfully,
MarthaBardach
-//-//-//-//-//-
RE Meeting agenda item:

Goal Name

1. Expand/Improve Public Infrastructure/Facilities19th Street Parcel Development - Phase I:

Originally purchased using CDBG and General Funds in FY 2019-20, the 2018 19th Street parcel must now be developed into a beneficial community resource informed by engagement with Pico Neighborhood residents within the service area. Phase I development will include grading and preparing the land for general accessibility before installing a communal garden space in a future Phase II.

The City used a mix of CDBG and General Funds to purchase the 2018 19th Street parcel from the ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 392 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) Housing Fund in FY 2019-20, s in order to develop the space into a community benefit. Once fully developed, the space will provide a valuable amenity to the surrounding Pico Neighborhood community, informed by feedback from City commissioners and community members. With the space currently fenced and inaccessible, Phase I development will focus first on activities required to safely open the space for public access before developing and integrating the community garden aspect in a future Phase II.
-//-//-//-//-//-
martha bardach
310/454-2443/h
310/874-3929/c
[email protected]
ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 393 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) From: Tara Barauskas
To: councilmtgitems
Subject: Support for Item 5C - funding for 19th Street Garden Date: Monday, May 8, 2023 1:06:14 PM
Importance: High

EXTERNAL
Dear Mayor Davis and City Councilmembers,
I’m writing to express our strong support for the 19th Street Garden project being contemplated in item 5C. We have been working closely with many Pico community stakeholders, and having a community garden has been an issue over the years that the community members have expressed enthusiasm for. At Community Corp, we have seen gardens as truly transformative – they provide not only fresh organic food access, but gardens build community, as well as connection with the land. So much wellbeing is cultivated by gardens, and this would be a very welcome amenity for the Pico residents to further build wellbeing and community. We see possibilities for synergy with our 1819 Pico affordable housing, marketplace and café being right around the corner as well. We hope that this space can be not only a space for gardens, but education, events and community programs, and restoration.

We strongly encourage you to approve this funding so this garden project can come to fruition.

Thank you!
Tara
Tara Barauskas, LEED AP
Executive Director
Community Corporation of Santa Monica
1423 2nd Street, Suite B
Santa Monica, CA 90401
(310) 394-8487 ext. 133
[email protected]
www.communitycorp.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 394 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) From: Cris Gutierrez
To: councilmtgitems; Gleam Davis; Lana Negrete; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; Christine Parra
Subject: Re: Agenda Item 5C: Community Development Block Grant (CDBG) Date: Tuesday, May 9, 2023 6:53:53 AM

EXTERNAL
Dear Mayor Davis and City Council Members:

As the Santa Monica Community Gardens Advisory Committee Chairperson, I write to share that the advisory committee has gone on record to support the staff carrying out the decisions of the Recreation and Parks Commission and the Office of Sustainability and Environment to extend the Community Gardens program as urban agriculture by cultivating the City’s 19th Street property (just north of Pico) to be a community farm for the Pico Neighborhood. It is exciting to have the Council approve the proposal regarding the Community Development Block Grant (CDBG) funds being used to serve the Pico Neighborhood with a communal opportunity to grow healthy organic foods and to be avid stewards of habitat and residents’ well-being. My personal enthusiasm for this project grows daily.

After several years of commissioners and staff working hard to bring this idea forward, now made possible with the CDBG proposal, there can be another site to bring joy where tons of produce can be grown and distributed freely to neighbors, following the best practices and community engagement at the Ishihara Park Learning Garden. Our City’s exemplary sustainability and climate leadership will be enhanced with this endeavor.

I urge the Council to support the approval of the Proposed 2023-24 Annual CDBG and HOME Action Plan.

With gratitude,
Ms. Cris Gutierrez
Santa Monica Community Gardens Advisory Committee Chairperson ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 395 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) May 9, 2023
Re: Agenda Item 5C
Dear Mayor Davis and City Council Members and staff
As co-chairs of the SaMo Safe Streets Alliance and as community gardeners ourselves, we fully support the Council’s approval of the Proposed 2023-24 Annual CDBG and HOME Action Plan. We believe using CDBG funds to begin creating a 19th street community–communal–farm is beyond wonderful. We are very pleased to see staff has sought to develop a plan to begin the process of getting a budget for infrastructure in place.

Admittedly, initial community meetings have only begun. We anticipate genuine community engagement will enable full participation for meeting residents' needs, including translation support and timely opportunities to discuss the project’s features, design, and ways to keep the farm benefiting and engaging far beyond today and onto future generations.

Honestly, the idea of a local community farm could help bring to life even more opportunities that the Pico Neighborhood families have long envisioned to stimulate a local community and economy. The communal farm clearly helps implement the goals of the recently updated City Sustainability Plan and the City's Climate Action and Adaptation Plan.

Santa Monica’s Community Gardens program has enthused so many residents just like us, and now the CDBG plan is an opportunity to seed an understanding of how we all can contribute to a 21st century vision of urban agriculture integrated with housing for habitat, community health and wellbeing.

Turning the City’s 19th Street property into a community farm for the Pico Neighborhood to cultivate together offers many benefits, including:
• Securing a source of local organic foods;
• Supporting community-building and regenerative farming practices;

• Providing open-space for communal and environmental stewardship; • Sequestering carbon with community composting;
• Fulfilling and broadening the local organic materials recycling requirement; • Reducing heat island effects; and so much more.

Supporting the farm are popular transit routes, the Michigan Avenue Neighborhood Greenway and the new Protected Bike Lanes and Pedestrian Amenities on 17th Street. The upgraded street design and bus access complement a community fabric of active living for multigenerational families and residents.

But perhaps most important, serving the Pico Neighborhood with a farm leads to empowering them with the knowledge and craft of growing foods and plantings that will be enjoyed by the community's multiracial and multiethnic cultures and develops sustainable and healthier habits.

What an efficient and enlivening means of carrying out the City’s priorities of “Sustainability and Community Connection” and ”Racial Justice, Equity and Social Diversity!” We welcome and embrace the Council approving the Proposed 2023-24 CDBG and HOME Action plan.

Sincerely,
Cynthia Rose Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance Director, Santa Monica Spoke
SaMoSafeStreets.org
ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 396 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) Public Comment from Bruce A. Wessel to Santa Monica City Council on May 9, 2023 Agenda Item 3.D., Closed Session Conference with Legal Counsel on Pico Neighborhood AssociaƟon v. City of Santa Monica, pending in California Supreme Court
IntroducƟon
The Pico Neighborhood AssociaƟon v. City of Santa Monica case has been pending in the California Supreme Court for two years and a decision in the case is expected in the coming months. There does not appear to be a good reason to have a closed-door/secret meeƟng about the case. If there are updates on the case, they should be made public.

I filed an amicus brief in the case and have followed it closely. I have lived and voted in Santa Monica for over thirty years. I’d like to express these thoughts on the case as we all await the California Supreme Court’s decision.

What’s at stake -- the current system compared to the proposed system Our current at-large system with seven seats and four-year terms gives voters more voƟng opportuniƟes than the system proposed by the plainƟffs in the liƟgaƟon—a single-member district system with seven seats and four-year terms.

Santa Monica’s current voƟng system gives me and every Santa Monica voter seven votes in every four-year period, and the right to vote every two years, and the right to vote for all seven posiƟons on the Council.

A single-member district system with four-year terms would give each voter only one vote in every four-year period, a vote for only one posiƟon on the Council, and a right to vote every four years instead of every two.

Compared to our current system, the proposed system would reduce each voter’s right to vote by 86 percent. This would be a dramaƟc and unwelcome reducƟon in our voƟng rights.

The proposed system would make Santa Monica more like Los Angeles In Santa Monica’s voƟng system, every Council member represents the whole city.

The proposed system copies the City of Los Angeles system by creaƟng singleITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 397 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) member districts. Demonstrated problems with the current Los Angeles system include the process for drawing district lines, the potenƟal for parts of the city to be piƩed against other parts of the city, and the allocaƟon of resources and burdens equally for each district rather than with a citywide perspecƟve.

The case has statewide importance
California AƩorney General Rob Bonta filed an amicus brief in the case because of its statewide importance. The case is being monitored by hundreds of lawyers in California and will be studied by lawyers in California and naƟonwide for decades.

The AƩorney General’s brief explains: “Courts have had few occasions to interpret the California VoƟng Rights Act’s language. This case presents the first opportunity for the Supreme Court to interpret this important statute and its ‘vote diluƟon’ standard.”
The Supreme Court jusƟces have been working on their decision in the case for months if not years. They have spent a substanƟal amount of Ɵme considering the issues and will provide all California ciƟes with important guidance.

ITEM.5.C.

May 9, 2023
ITEM.5.C.

May 9, 2023

5.C.f
Packet Pg. 398 Attachment: ITEM.5.C.Written Comments (5577 : Approve FY 2023-24 CDBG/HOME Action Plan) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.D
1 of 4
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Award Request for Proposal No. 341 to Providence Medical Institute (Westchester Medical Group) for Occupational Medical Testing Services Program
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. Award RFP #341 to Providence Medical Institute (Westchester Medical Group) for Occupational Medical Testing Services.

3. Authorize the City Manager to negotiate and execute a professional services agreement with Providence Medical Institute (Westchester Medical Group), in an amount not to exceed $1,250,000 over a five-year period with future year funding contingent on Council budget approval.

Summary
The City recently solicited proposals for medical testing services needed to support the City’s Occupational Medical Testing Program (OMTP). The purpose of the City’s OMTP is to protect employees from on-the-job health and safety risks through physicals, testing, and preventive health measures. Staff recommends a five-year agreement with Providence Medical Institute (Westchester Medical Group) in an amount not exceed $1,250,000. The contract would be paid out of the Workers’ Compensation SelfInsurance Fund, which is financed with contributions from all City departments.

5.D
Packet Pg. 399
2 of 4
Discussion
The purpose of the City’s OMTP is to protect employees from on-the-job health and safety risks through physicals, testing, and preventive health measures. Examples include pre-employment physicals, drug and alcohol screenings, vaccinations, commercial driver exams, and firefighter physicals. The program covers all City employees but is most frequently used in connection with employees holding job classifications considered physically demanding and/or safety-sensitive (e.g., motor coach operators, heavy equipment operators).

The Human Resources Department manages the OMTP with assistance from operating departments and relies on private medical providers to carry out the testing required by the program. The City’s current OMTP, Westchester Medical Group, has served in this capacity since December 2009 after being selected through a competitive process.

They were selected again in 2015 through a subsequent competitive process.

Before issuing the current RFP, staff conducted a review of the City’s current occupational medical testing practices to ensure all testing requirements and protocols comply with State and Federal safety, disability management, medical privacy regulations, and City safety policies. This review yielded several changes to testing program requirements and protocols which were incorporated into the RFP for OMTP services. The program changes are expected to be cost-neutral.

The agreement to be awarded to Providence Medical Institute (Westchester Medical Group) will not exceed $1,250,000. This projection is based on historical expenditures and future projected position vacancies, which could double the historical costs.

Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm Providence Medical Institute (Westchester Medical Group) Evaluation Criteria
(include all that apply)
Compliance with Scope of Work, Experience/References/Quality of Facility, Compliance with Service Standards, and Cost.

Municipal Code SMMC 2.24.072
RFPs Received

5.D
Packet Pg. 400
3 of 4
Occupational Health Centers of
California, a Medical Corporation,
dba Concentra Medical Centers
USMD Direct Inc. Providence Medical Institute
(Westchester Medical Group)
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
1/12/2023 City's Online
Bidding Site
Santa Monica Daily Press 19 2/13/2023
Justification to Award
The selection panel determined that Providence Medical Institute (Westchester Medical Group) satisfied the requirements in the City’s RFP and offered several advantages due to its experience, qualifications, understanding of the City’s needs, and most reasonable contract pricing. The panel recommends the City pursue an agreement with Providence Medical Institute (Westchester Medical Group) for primary OMTP provider services.

Environmental Review
The award contract for providing medical testing services 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.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Self Insurance fund to award a contract with Providence Medical Institute (Westchester Medical Group) for occupational medical testing services. Future year funding is contingent on Council budget approval.

Contract Request
FY 2022-23
Budget
Request Amount
Future Years
Amount
Department
Account #
Total Contract
Amount
$30,000 $1,220,000 74800002.552010 $1,250,000

5.D
Packet Pg. 401
4 of 4
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:

A. Westchester Medical- OAKS 2023

5.D
Packet Pg. 402

5.D.a
Packet Pg. 403 Attachment: Westchester Medical- OAKS 2023 (5654 : Occupational Medical Testing Program Award) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.E
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid for Heavy-Duty Tire Rental for Big Blue Bus Vehicles to Bridgestone Americas Tire Operations
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 #4446 to Bridgestone Americas Tire Operations, LLC to provide leased tires for use on the Santa Monica Department of Transportation’s fleet of transit buses; and

3. Authorize the City Manager to negotiate and execute an agreement with Bridgestone, in an amount not to exceed $2,271,343, including a $206,486 contingency, and a 3% annual cost escalator, over a five-year period with future year funding contingent on Council budget approval.

Summary
Big Blue Bus, a division of the Santa Monica Department of Transportation (DOT), operates 195 transit buses with six to ten tires on each bus. DOT transit buses run approximately 4.5 million miles across 69 square miles of Santa Monica and western Los Angeles. This heavy use subjects the bus tires to significant wear, and regular replacements of transit bus tires ensure buses can continue to operate safely. With a tire leasing service, new tires are available at all times and necessary repairs or replacements can be made in a timely manner.

Staff recommends that Bid #4446 be awarded to Bridgestone for tire leasing and replacement services for DOT transit buses for a five-year period in an amount not to exceed $2,271,343.

5.E
Packet Pg. 404
2 of 4
Discussion
DOT is committed to providing safe, reliable transit buses for its customers and maintenance of bus tires is a critical aspect of its bus maintenance program. Normal wear occurs to transit bus tires which are constantly in use. Tire leasing has been a standard practice in the transit industry since the 1940s and a common practice at DOT for the last 50 years. Leasing tires is more economical than purchasing them as DOT is charged on a per-mile basis rather than purchasing individual tires. The service ensures that new tires are always available and that any necessary repairs can be made quickly to minimize disruptions to DOT’s service. The new agreement with Bridgestone would provide leased tire inventory, including spare stock for tire replacements, and two fulltime on-site attendants who perform inspections, tire repair, and replacement.

DOT has historically contracted out its tire leasing service for its fleet of transit buses in accordance with the guidance set forth in the “Contracted and As-Needed Staffing Review Policy, Practice, Recommendations” report approved by Council on January 13, 2015. DOT contracts this work due to the need for specialized equipment needed to repair and replace tires, and the need for workforce flexibility to require a large pool of employees to serve as back-ups to cover any callouts.

Under the agreement, Bridgestone would provide all equipment and materials needed to provide replacement tires saving the City costs associated with the purchase and storage of equipment. In addition to the cost savings, the nature of the tire replacement service requires a large employee pool that would provide service day and night to ensure that buses are available for service.

Vendor Selection
Bidder Recommendation
Best Bidder Bridgestone Americas Tire Operations, LLC
Evaluation Criteria Price: the ability, capacity, and skill of bidder to provide transit bus tire leasing, repair, and replacement, and experience Municipal Code SMMC 2.24.180
Submittals Received
Bridgestone Americas Tire Operations LLC $ 2,271,343

5.E
Packet Pg. 405
3 of 4
Bid Data
Date Posted Posted On
Advertised In (City Charter
& SMMC)
Vendors
Downloaded
Date
Publicly
Opened
2/15/2023
City's Online
Bidding Site Santa Monica Daily Press 6 3/16/2023
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. Bridgestone has experience providing transit bus tire leasing, repair, and replacement services to peer transit agencies and is the lowest cost 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 contract award 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.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Big Blue Bus Fund to award a contract with Bridgestone Americas Tire Operations for transit bus tire leasing services.

Contract Request
FY2023-24 Budget
Request Amount
Future Years
Amount
Department Account # Total Contract
Amount
$388,925 $1,882,418 C6004750.689000 $2,271,343
Michelin North America $ 3,121,582
Daniels Tire Service $ 5,240,824

5.E
Packet Pg. 406
4 of 4
Future year funding is contingent on Council budget approval.

Prepared By: David Nanjo, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Bridgestone Oaks

5.E
Packet Pg. 407

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.E.a
Packet Pg. 408 Attachment: Bridgestone Oaks (5680 : Award Bid for Heavy-Duty Bus Tire Rental)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________

5.E.a
Packet Pg. 409 Attachment: Bridgestone Oaks (5680 : Award Bid for Heavy-Duty Bus Tire Rental)

BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC

MANAGERS AND OFFICERS
Officers
Paolo Ferrari Chief Executive Officer, Chief Operating Officer and President Scott Damon Chief Operating Officer
Christopher Nicastro Executive Vice President, Chief Legal Officer, Chief Compliance Officer, and Chief Risk Officer
Amanda Mathis Chief Financial Officer and Executive Vice President Gabriel Asbun Group President, Americas Tire Business
Craig Schneider Chief Strategy Officer
Nizar Trigui Chief Technology Officer and Group President, Solutions Businesses Jason Fisher Chief Human Resources Officer
Riccardo Cichi President, Core Tire and Chief Sales Officer, North America Charles Rule President, Bridgestone Americas Tire Operations, Latin America Philip Dobbs Chief Marketing Officer and Executive Vice President Barry Owens Senior Vice President, Manufacturing
Jill Suwanski Secretary
Jose M. Anes Senior Vice President, Corporate Treasurer Patrick Callahan Vice President, Tax
Anna Gedman Vice President, Business HR and Labor Relations Marshall Kelley Chief Accounting Officer
Chris Lasko Chief Quality Officer
Taren Rodabaugh Chief Information Officer
Bridget Neal Vice President
Shannon Quinn Vice President
Chris Ripani Vice President
Thomas Kingsbury Chief Counsel, Intellectual Property
John Mugnano Chief Counsel, Litigation
Brittain Settle Tax Officer
Mark Loftis Tax Officer
Kerry Cantrell Assistant Secretary
Caroline Creson Assistant Secretary
Norma Davis Assistant Secretary
Brendan Thompson Assistant Secretary
Kathleen Davies Assistant Treasurer
Saiju Khatiwada Assistant Treasurer
Leandro Rossetti Assistant Treasurer

5.E.a
Packet Pg. 410 Attachment: Bridgestone Oaks (5680 : Award Bid for Heavy-Duty Bus Tire Rental) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.F
1 of 7
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Revenue Subject: Award Request for Proposal No. 10522 to Baker Tilly US, LLP for Business License Tax Modernization Consulting Services
Recommended Action
Staff recommends that the City Council:

1. Award RFP# 10522 to Baker Tilly US, LLP (Baker Tilly) and to Hinderliter de Llamas & Associates (HdL) for business license tax modernization consulting services for the Finance Department.

2. Authorize the City Manager to negotiate and execute an agreement with Baker Tilly, in amounts not to exceed $173,780 for three years with future year funding contingent on Council budget approval.

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 adopted its existing business license tax code on May 8, 1990, and since then no material changes to the business license tax ordinance have been made, despite significant shifts in the way business is conducted. Recognizing that our business community continues to face resource challenges as they recover from the COVID-19 pandemic and economic uncertainty, staff believes that a strategic, comprehensive review and modernization of the City’s Business License Tax program aligns with the Council’s FY 2023-25 priority to Cultivate Economic Recovery & Expand Community & Cultural Offerings. The modernized ordinance would aim to encourage investment and innovation, assist Santa Monica businesses in rebounding, and position the City to equitably and fairly tax existing and emerging businesses to support essential services. It would also institute improvements that would promote business

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growth and align with the City’s priority to cultivate equitable and inclusive economic opportunities for traditionally underserved communities including minority owned businesses and microenterprises.

Staff recommends awarding the Business License Tax ordinance modernization work to two consultants, Baker Tilly US, LLP and Hinderliter de Llamas & Associates (HdL).

This report is only seeking authority to award a contract to Baker Tilly, as the amount of the work to be performed by HdL, at a not to exceed level of $20,000, is within the City Manager’s approval authority, however, it is helpful to discuss both consultants in describing the project scope. The selected consultants will work in close coordination with City staff to provide a comprehensive study of the existing Business License Tax ordinance, incorporating insights from Santa Monica’s business community and other stakeholders gained through extensive formal analysis and outreach. The final phase will include tax modernization strategies, recommendations for administrative changes and tax reform proposals, and preparation of a proposed ballot measure for placement on the November 2024 ballot.

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Background
The Finance Department’s Revenue Division is responsible for administration of the Business License Tax program which includes the collection of taxes and associated charges from approximately 23,000 businesses within the City. With a few exceptions, the City’s annual business license taxes are based on the gross receipts of business on their business classification, which varies from $1.25 to $5.00 per $1,000 of gross receipts.

The City has had three comprehensive reviews of the business license tax ordinance in the last 60 years: 1962, 1983 and 1990. Since the last major revision in 1990, the ordinance has remained relatively unchanged. The number and types of Santa Monica businesses, however, have evolved significantly. Growing sectors of science, technology, information, mobility, and finance, including eCommerce and other internetbased business models, are now common and have thrived in Santa Monica. With the drastic change in business sectors since the 1990s, unique and complex issues have arisen around the administration of the Business License Tax, such as the apportionment of gross receipts, outdated tax classification descriptions, clearly defining and expanding the definition of doing business in the City, the appropriate definition of gross receipts, and a lack of incentives for new and minority owned businesses as well as other underserved communities.

The option of proceeding with a full Business License Tax modernization has been discussed at times in the past few years. In examining potential tax increases for the November 2020 election, polling revealed strong public support for a business license tax update when tested alone (62%). The City ultimately determined to postpone this tax in favor of a documentary transfer tax measure proposed for the same election, however, this poll’s findings indicate that voters tend to favor business license tax changes.

At its February 8, 2022 meeting, Council directed staff to examine and analyze several revenue measures for the November 2024 ballot including a business license tax modernization measure. At the Budget Study Session on May 24, 2022, staff reported

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that while the need to modernize the business license tax ordinance exists, such a change would require further analysis and time.

Discussion
The City’s business license tax modernization is intended to support economic growth and job creation and to ensure a flexible, forward-looking, and equitable business license program. The goals for this process includes increasing transparency, and streamlining administration and compliance; and to support business growth and align with the City’s community priority to Cultivate Economic Recovery & Expand Community & Cultural Offerings.

With the proposed modernization, the City seeks to:
• Attract, retain, and encourage expansion of businesses within the City • Create a fair, equitable and simple business license taxing system • Support small businesses and microenterprises
• Address and appropriately tax emerging business models • Ensure the taxing scheme is competitive with neighboring jurisdictions with similar characteristics
• Protect the City’s fiscal position
• Make oversight and compliance less burdensome for City staff and affected businesses, and ensure such review is consistent with other City laws, taxes, and reporting procedures
Vendor Selection
Bidder Recommendation
Best Qualified
Person/Firms
Baker Tilly US, LLP and Hinderliter de Llamas & Associates (HdL) Evaluation Criteria References; Work Plans/ Timelines; Experience/ Qualifications; Project Team; Cost
Municipal Code SMMC 2.24.190

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RFPs Received
Baker Tilly US, LLP Hinderliter de Llamas & Associates (HdL) Moss Adams LLP RFP Data
Posted On Posted On Vendors Downloaded Date Publicly Opened 10/06/2022 City's Online Bidding Site 19 12/23/2022
Justification to Award
Three firms submitted proposals for modernization of the Business License Tax ordinance consulting services. Staff reviewed the three proposals submitted and interviewed all the firms. Because more than one submission received exceeded the City’s informal proposal threshold, staff reopened the bidding process and solicited additional bids in the Santa Monica Daily Press on February 28, 2023, and requested any new submission by March 10, 2023. During this time no new submissions were received. The City also provided the existing three firms that previously submitted proposals an opportunity revise their original submission. No changes were submitted.

Based on criteria in SMMC 2.24.190, staff recommends Baker Tilly and HdL as the best qualified firms to provide business license tax modernization services.

Staff believes that contracting with two consultants will provide the best outcome for all aspects of this comprehensive review and will ensure sufficient time for the required work. The proposed award aligns with each selected vendor’s deepest area of expertise, and will mean that data gathering, analysis, and modeling can take place in parallel with broader research and with the stakeholder and business community engagement that will be critical to ensuring that resulting recommendations for change reflect stakeholder needs.

Baker Tilly has extensive experience with local government revenue measure development, strategic planning and fiscal analysis, and stakeholder and community engagement. In this experience the firm has demonstrated its ability to meet project work plan goals in a timely manner and has a track record of success bringing forward changes for voter and Council review and approval. Staff believes that it is the best firm

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to review the City’s existing business license tax code and propose recommendations that are consistent with the City’s goals for the process.

HdL currently has three contracts with the City which include property tax data, audit and consulting services, sales and use tax audit and information services and centralized business tax management software. Due to HdL’s extensive experience in municipal tax revenue collection, analysis for multiple California cities, and familiarity with the City’s business license structure, HdL is positioned to effectively provide data analysis of the existing business license tax revenues and assist with modeling of the financial impacts of proposed tax reforms in partnership with Baker Tilly. The amount of the HdL contract related to the business license modernization contract meets the threshold for City Manager approval.

Past Council Actions
Meeting Description
June 9, 2020
(Attachment A)
Council approved staff’s recommendation not to move forward with a business license tax measure for 2020.

May 24, 2022
(Attachment B)
Council approved staff’s recommendation not to move forward with a business license tax measure for 2022.

Environmental Review
The award agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The award agreement is covered by the common sense exemption 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 agreements will provide the City with administrative consulting services. Therefore, it can be seen with certainty that the proposed agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

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Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to award a contract with Baker Tilly for business license tax modernization services. Funds will be included in the FY2023-25 Biennial Budget.

Contract Request
Vendor FY 2022-23 Budget
Request Amount
Amount for Future
years
Department Account # Total Contract
Amount
Baker Tilly $11,900 $161,800 01300005.552010 $173,780
Prepared By: David Carr, Assistant City Treasurer
Approved Forwarded to Council
Attachments:

A. Attachment A - June 9, 2020 Meeting - Business license tax measure for 2020 (Web Link)
B. Attachment B - May 24, 2022 Meeting - Not to move forward with a business license tax measure for 2022 (Web Link)

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City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.G
1 of 3
To: Mayor and City Council
From: Danielle Noble, Acting Director, Community Services Department, Housing and Human Services
Subject: Adoption of a Resolution Authorizing Application for Grant Funds for State Affordable Housing Funding Opportunity
Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution authorizing the application for grant funds in an amount not to exceed $5,000,000 from the California State Department of Housing and Community Development for the 2023 round of Local Housing Trust Fund Program Matching Grant Funding (Attachment A).

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

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 California Department of Housing and Community Development (HCD) offers an annual opportunity for local public agencies to apply for matching grant funding to finance affordable housing development. The Local Housing Trust Fund (LHTF) program offers awards not to exceed $5 million through a competitive application process. Santa Monica was awarded $5 million in two of the LHTF program’s prior application rounds which took place in 2020 and 2021. Staff seeks Council authorization to apply for a 2023 LHTF award for an additional $5 million. The LHTF program requires the City to match LHTF awards on a dollar-for-dollar basis. Thus, a $5 million LHTF award would be matched with either City-owned land, available City

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Housing Trust Funds, or a combination of both. The LHTF award and City match would be used to produce affordable housing in accordance with the City’s Housing Trust Fund Guidelines and Plan, as well as the LHTF program’s guidelines.

Discussion
On March 7, 2023, HCD again issued a Notice of Funding Availability (NOFA) for the LHTF program. The LHTF NOFA makes available approximately $53 million in matching grants to local housing trust funds, such as Santa Monica’s. The timeframe for submitting 2023 applications is between April 19 and May 17, 2023. With Council authorization (Attachment A), staff would apply. If the City is successful, funds would be used to finance future affordable housing developments. The City would fulfill the LHTF program requirement to match LHTF awards on a dollar-for-dollar basis by either contributing City-owned land, providing matching City Housing Trust Funds, or a combination of both, depending on the funding needs of future developments. All funds would be used in accordance with the City’s Housing Trust Fund Plan (Attachment B) and Housing Trust Fund Guidelines (Attachment C), as well as in accordance with the LHTF program guidelines.

Environmental Review
Authorization of the application for LHTF grant funding 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. If awarded, the use of LHTF grant funding for future affordable housing developments would be subject to environmental review at the time they are proposed.

Past Council Actions
Meeting Date Description
07/24/2018 (Attachment B) Housing Trust Fund Plan
07/25/2017 (Attachment C) Housing Trust Fund Guidelines

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Financial Impacts and Budget Actions
The 2023 application for LHTF funding would allow the City to apply for, and if successful, to receive up to $5 million in State funding that would be used to supplement existing funding in the Housing Trust Fund to increase the supply of affordable housing in Santa Monica. If awarded, staff would return to Council for specific budget actions. The LHTF program requires the City to match LHTF awards on a dollar-for-dollar basis. The City will meet the Matching Funds requirement of the LHTF Program by contributing either City-owned land with of a value of at least $5 million, by using $5 million in funds that already exist in the Redevelopment Replacement Housing Trust Fund, or a combination of land and Housing Trust Funds valued at $5 million.

Prepared By: Ayala Scott, Senior Development Analyst
Approved Forwarded to Council
Attachments:

A. Draft 2023 LHTF Resolution
B. Housing Trust Fund Guidelines
C. Housing Trust Fund Plan
D. ITEM.5.G.Written Comments

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City Council Meeting: May 9, 2023 Santa Monica, California RESOLUTION NUMBER _______ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR LOCAL

HOUSING TRUST FUND PROGRAM MATCHING GRANT FUNDING
WHEREAS, the State of California (the "State"), Department of Housing and Community Development (the "Department") is authorized to provide up to $53 million under the Local Housing Trust Fund ("LHTF") Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) ("Program");
WHEREAS, the Department issued a Notice of Funding Availability ("NOFA") dated March 7, 2023, under the LHTF Program;
WHEREAS, the City is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of Health and Safety Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients.

NOW, THEREFORE, BE IT RESOLVED THAT:

SECTION 1. If the City of Santa Monica ("City") receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts City may have with the Department.

5.G.a
Packet Pg. 421 Attachment: Draft 2023 LHTF Resolution [Revision 7] (5689 : Resolution for Local Housing Trust Funds) SECTION 2. The City is hereby authorized to act as the manager in connection with the Department's funds to Eligible Projects pursuant to the above-described Notice of Funding Availability in an amount not to exceed $5,000,000 (the "LHTF Award").

SECTION 3. The City hereby agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104, and the City hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by Health and Safety Code Section 50843.5(c).

SECTION 4. Pursuant to the City of Santa Monica Housing Division Local Housing Trust Fund Expenditure Plan (Exhibit A) and the City's certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

SECTION 5. The City shall be subject to the terms and conditions as specified in the Standard Agreement, Health and Safety Code Section 50842.2, and LHTF Program Guidelines.

SECTION 6. The City Manager is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to City, as the Department may deem appropriate.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

DOUGLAS SLOAN
City Attorney

5.G.a
Packet Pg. 422 Attachment: Draft 2023 LHTF Resolution [Revision 7] (5689 : Resolution for Local Housing Trust Funds) Adopted and approved this 9
th day of May 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 9
th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Denise Anderson-Warren, City Clerk

5.G.a
Packet Pg. 423 Attachment: Draft 2023 LHTF Resolution [Revision 7] (5689 : Resolution for Local Housing Trust Funds) Exhibit A
City of Santa Monica Housing and Human Services Division Local Housing Trust Fund
Expenditure Plan
The City of Santa Monica (“City”) commits to use Local Housing Trust Fund (“LHTF”) Program Funds and Matching Funds as follows:
• 100% of Program Funds and Matching Funds received will be spent to provide construction/permanent financing loans at simple interest rates of no higher than three percent per annum with deferred payments based on residual receipts, for payment of predevelopment costs, acquisition, construction, or rehabilitation of multifamily rental housing serving Lower-Income (80% of Area Median Income (“AMI”)), Very Low-Income (50% of AMI), and Extremely Low-Income Households (30% of AMI). • At least 30% of Program Funds and Matching Funds received will be spent on assistance to Extremely Low-Income Households.
• 100% of Program Funds and Matching Funds received will be spent on loans for the new construction of multifamily rental housing developments with average household income restrictions of no more than 60% of AMI.
• No more than 5% of Program Funds and Matching Funds received will be spent on administrative expenses.

All activities and projects funded by Santa Monica’s LHTF Program Funds and Matching Funds will be located within the City. To meet the Matching Funds requirement of the LHTF Program, the City will contribute City-owned land and/or matching funds from the Redevelopment Replacement Housing Trust Fund, for which the funding sources are:
1) transaction and use taxes approved by Measure GSH and 2) 80% of the loan repayments owed by the former Santa Monica Redevelopment Agency to the City, or other locally-generated funds, which are dedicated and restricted for housing use solely by City action and not by state or federal law.

5.G.a
Packet Pg. 424 Attachment: Draft 2023 LHTF Resolution [Revision 7] (5689 : Resolution for Local Housing Trust Funds) Adopted 11-24-1998
Amended 5-2-2000
Amended 4-24-2001
Amended 1-11-2005
Amended 6-19-2007
Amended 2-25-2014
Amended 7-25-2017
Amended 7-27-2021
(* Loan/Grant Limits and Developer Fee Limits have been updated for the FY2017-2018 period) Housing Trust Fund Guidelines
City of Santa Monica
Housing Division

5.G.b
Packet Pg. 425 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds)

TABLE OF CONTENTS
I. INTRODUCTION 1
II. TYPES OF LOANS AND GRANTS 2
III. LOAN TERMS 4
IV. APPLICATION SUBMITTAL AND REVIEW PROCEDURES 7
Application Submittal 7
Application Review 8
Competitive Selection Criteria 15
V. LOAN COMMITMENT AND CLOSING PROCEDURES 15
Loan Commitment 15
Loan Closing 16
VI. PROJECT MONITORING AND REPORTING 17
VII. FUNDING SOURCES 20
20 24
27 29
32 HOME Trust Fund
CDBG Housing Trust Fund
Citywide Housing Trust Fund
Low-Moderate Income Housing Asset Trust Fund
TORCA Housing Trust Fund
Redevelopment Replacement Housing Trust Fund
Local Housing Trust Fund
34 VIII. EXHIBITS 37
Exhibit A Definitions
Exhibit B HOME Program Subsidy Limits
Exhibit C Rental Housing Loan Application (with checklist) Exhibit D Green Affordable Housing Checklist
36 5.G.b
Packet Pg. 426 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) Housing Trust Fund Guidelines (July 2017) Page 1
I. INTRODUCTION
The City of Santa Monica provide financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase affordable rental housing opportunities for lower income households through the following Programs:
• HOME Housing Trust Fund (HHTF)
• CDBG Housing Trust Fund (CDBGHTF)
• Citywide Housing Trust Fund (CHTF)
• Low-Moderate Income Housing Asset Trust Fund (LMIHATF) • TORCA Housing Trust Fund (THTF)
• Redevelopment Replacement Housing Trust Fund (RRHTF).

Under these Programs, the City provides deferred payment loans and/or grants to bridge the financial gap between available resources - including the borrower's/grantee’s equity and private financing - and the costs of developing affordable multi-family housing. The purpose of the Housing Trust Fund Guidelines (“Guidelines”) is to provide an overview of the types and terms of loans which are available, application requirements, review procedures, selection criteria, loan commitment and closing procedures, and project monitoring and reporting requirements of these varied Programs within one comprehensive source of reference. Throughout this document, loans and grants may be referred to collectively as “loans” except when the terms are unique to a loan or to a grant.

These requirements are minimum requirements for participation in City Programs and are subject to change at any time. Meeting these requirements is not a guarantee of participation in any Program. The City reserves the right to require additional qualifications for individual projects. The City reserves the right to reject any and all applications and to accept applications which in its judgment best serve the interests of the City. On a case by case basis, City Council may also modify or waive provisions of these Guidelines.

These Programs are administered by the Housing Division of the City of Santa Monica (under the direct supervision of the Housing Manager, the direction of the Director of Housing and Economic Development, and the general supervision of the City Manager) on behalf of the City of Santa Monica.

These Guidelines should be interpreted in conjunction with Federal, State, and City statutes and regulations governing use of these funds; in the event of a conflict between these Guidelines and such statutes and regulations, the requirements of those statutes and regulations shall prevail.

Leveraging of City dollars (to the extent possible) with outside funding sources will continue to be a priority.

5.G.b
Packet Pg. 427 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) Housing Trust Fund Guidelines (July 2017) Page 2
II. TYPES OF LOANS AND GRANTS
Acquisition & Predevelopment Loans and Grants
Acquisition & Predevelopment loans may be made to private, nonprofit corporations with a proven capacity to develop, own, and operate housing, and that have a valid 501(c)(3) or (4) designation from the IRS, and in limited circumstances described in the foregoing individual trust fund sections, to for-profit entities. Funds may be used for acquisition and pre-development expenses for projects for which there is site control and which have received a preliminary funding commitment from the City. Expenses shall be limited to services that cannot be obtained on a contingency basis and may include (but are not limited to) architectural and engineering fees, title reports, legal and organizational fees, mortgage application fees, environmental analysis, and permits and fees for public agencies. Predevelopment funds may also be used for purchase options or deposits for the purchase of buildings or land to be rehabilitated or developed with assistance from one or more of the Programs, or purchase options or deposits on properties that will not receive further subsidies under the Program, but that will be used for housing developments that meet the same requirements. Such funds may be provided as part of a predevelopment loan or through a separate contract with a nonprofit corporation as discussed below. Predevelopment loans may also be made to a nonprofit corporation for the purpose of acquiring real property for future affordable housing development, including but not limited to vacant property, and properties with existing residential or commercial improvements.

These predevelopment funds shall be disbursed to an eligible borrower at the time of the City's preliminary approval of a specific project. The amount of predevelopment funds disbursed to each project shall be included in the calculation of the maximum loan from a Program and shall be considered as part of the principal.

Development Loans and Grants
Program funds may be used for development loans for the following eligible purposes:
(1) The purchase of existing multifamily or other buildings for rent to low- and moderateincome households and for the development of congregate housing for rent to lowand moderate-income persons with special needs. Except for congregate housing, existing buildings shall consist of four or more units, unless the City Manager finds that a substantial public benefit will be provided by a project consisting of less than 4 units.
(2) The purchase or lease of land, buildings; or air rights for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and low-income housing tax credits.

5.G.b
Packet Pg. 428 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) Housing Trust Fund Guidelines (July 2017) Page 3
(3) The development of limited-equity housing cooperatives through either conversion or new construction.
(4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include but are not necessarily limited to:
(A) site acquisition and preparation;
(B) rehabilitation of dwelling units, common areas and related structures; (C) new construction;
(D) carrying charges and financing fees;
(E) architectural, legal, and organizational fees;
(F) temporary or permanent tenant relocation costs; and (G) a developer fee consistent with guidelines described in Section IV below. (5) Prepayment of certain financing fees, such as bond issuance fees as necessary to make favorable financing available.

Working Capital Loans and Grants
Up to five percent (5%) of the total funds available to Housing Development Corporations (HDCs) under the CDBG Housing Trust Fund, the TORCA Housing Trust Fund and the Low-Moderate Income Housing Asset Trust Fund may be available for Working Capital Loans. A Working Capital Loan may be made to an HDC under contract with the City of Santa Monica for the development and management of affordable housing. Loan funds shall be held in a separate, interest-bearing account by the HDC for use as “working capital” to fund early costs for securing site control and expenses related to feasibility studies prior to approval of a site-specific predevelopment loan or other loan from the City.

Loan funds may be used for reimbursable development expenses that have received prior written approval from the Housing Manager in connection with the acquisition, rehabilitation or construction of housing units that will meet the criteria of low- or moderate-income household benefit as established by the Guidelines. Eligible uses include but are not necessarily limited to:
(1) Site control costs through deposits to escrow for purchase of buildings or sites within the City of Santa Monica, or options to purchase property; (2) Non-refundable option payments, in order to assist the HDC to secure property in a competitive real estate market.
(3) Development expenses that cannot be funded on a contingency basis, including architectural and engineering fees, environmental studies, appraisals and inspection fees.

The total of such expenses shall not exceed $25,000 per project.

Upon receipt of an acquisition & predevelopment loan, or development loan for the project, the HDC shall promptly reimburse the Working Capital account for the amount advanced from the fund for such purpose. In the event that the HDC does not receive an acquisition & predevelopment loan or development loan for the project or is unable to complete the project, the

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City may forgive 90% of the total funds expended by the HDC upon repayment by the HDC of 10% of the amount of the expenditure.

No later than thirty calendar days after the termination date of the Working Capital Loan Agreement, the HDC shall provide a full accounting of the amount of funds available in the account, including all accrued interest, and a list of projects, if any, for which funds have been used and have not been repaid, along with a schedule of projected repayment dates. In the event the Working Capital Loan Agreement is not renewed, these funds shall be returned to the City.

III. LOAN TERMS
Term
Permanent loans that are not grants shall be due and payable in fifty-five (55) years subject to the terms of the applicable Regulatory Agreement or recorded Covenants. Such loans may be extended for up to twenty-five (25) additional years, provided that the Borrower is in compliance with the loan documents. Where necessary in order to meet the requirements for other project funding or enhance project feasibility, the Housing Manager may approve a shorter loan term.

However, in no case shall a Regulatory Agreement or recorded Covenant remain in effect for fewer than 55 years.

Acquisition & Predevelopment Loans that are not grants shall be due and payable in twenty-four (24) months subject to the terms of the applicable Memorandum of Agreement or recorded Covenants. Such loans may be extended for up to eighteen (18) months with an additional twelve (12) month extension option. Where necessary in order to meet the requirements for other project funding or enhance project feasibility, the Director of Housing and Economic Development Department may approve a shorter loan term.

Purchase Option
At the end of the permanent loan term, the City will have the option to take title to the property in accordance with the terms of an option agreement.

Interest Rates for Loans
The interest rate shall be set at either:
(1) the rate established by the Federal Home Loan Mortgage Corporation for the average conventional commitment of a fixed rate, thirty-year (30) mortgage, and shall be compounded annually; or

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(2) when necessary to secure investor equity, interest rates of affordable housing projects that include tax credits or conventional lenders, at 3% simple interest; or (3) when the City loan is in a second position to a first trust deed capital advance/loan made under the U.S. Department of Housing and Urban Development (HUD) Section 202 or Section 811 Programs, the interest rate shall not exceed the highest permissible rate on the applicable HUD Section 202 or Section 811 Program mortgages, under authority of Chapter 24 of the Code of Federal Regulations (CFR), Subpart 885.410(g); or (4) when required in order to meet federal subsidy layering guidelines, at the Applicable Federal Rate (that rate established by the Internal Revenue Service pursuant to Section 1274(d)(1) of the Internal Revenue Code).

The City Manager may waive or reduce the interest rate as needed to ensure the feasibility of projects.

Loan Payments
Payments on permanent loans shall be made as follows:
(1) Payments of principal and interest may be deferred for up to two (2) years from the date of execution of the loan, and up to three (3) years from the date of execution of the loan with approval of the City Manager. After the expiration of the deferral period, payments of principal and interest shall be made annually to the City in an amount equal to 50% of project Residual Receipts, if any. However, this 50% of Residual Receipts may be split among all the public lenders (including the City) on a pro rata (of funding) basis. Payments shall be applied first to accrued interest, and then to principal. (2) The Borrower may elect to prepay the loan prior to the end of the term. However, the Regulatory Agreement or recorded Covenants shall remain in full force and effect for its term regardless of any prepayment.
(3) If the Borrower violates the terms of the Regulatory Agreement or recorded Covenants such that the City declares the loan in default, the entire amount of unpaid principal plus accrued interest at the rate established at the time of closing shall be due. (4) Unless paid in full earlier, the remaining principal balance of the loan and accrued interest shall be due and payable at the end of the term of the Promissory Note. Where necessary to meet requirements of third party investors and with approval of the City Manager, the City may allow the remaining principal and accrued but unpaid interest to be payable only to the extent that the fair market value of the Project exceeds the principal balance of the existing indebtedness secured by the property.
(5) For loans for projects not financed by federal Low Income Housing Tax Credits, upon determination by the City that the borrower is in full compliance with the terms and conditions of the Regulatory Agreement, Deed of Trust, and Program Loan Agreement (collectively referred to as “Loan Documents”), the City shall extend the terms of the existing Regulatory Agreement, Deed of Trust, and Program Loan Agreement for a minimum period of twenty-five (25) years ("Extension Period"). If borrower fully

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complies with all terms and conditions of the Loan Documents during the Extension Period, then any remaining principal and accrued but unpaid interest shall be forgiven at the end of the Extension Period.

Payments on acquisition & predevelopment loans shall be made as follows:
(1) Payments of principal and interest are deferred until maturity. Upon maturity, the City/Agency may extend the term for up to eighteen (18) months with an additional twelve (12) month extension option.
(2) The Borrower may elect to prepay the loan prior to the end of the term. However, the Memorandum of Agreement or recorded Covenants shall remain in full force and effect for its term regardless of any prepayment.
(3) If the Borrower violates the terms of the Memorandum of Agreement or recorded Covenants such that the City declares the loan in default, the entire amount of unpaid principal plus accrued interest at the rate established at the time of closing shall be due.

Grant Balance Reduction
(1) For grants for projects not financed by Low Income Housing Tax Credits, as long as Grantee is in full compliance with the Regulatory Agreement, the City shall reduce the amount of the balance of the grant by 1/80th of the total grant amount each year. If the Grantee is in full compliance with the Regulatory Agreement, the Conditional Grant Note, or the Conditional Grant Deed of Trust, at the end of the initial 55-year term, the Grantor shall accept a twenty-five (25) year extension of the term of the Regulatory Agreement, the Conditional Grant Note, and the Conditional Grant Deed of Trust. Thereafter, as long as the Grantee is in full compliance with the Regulatory Agreement, the Conditional Grant Note, and the Conditional Grant Deed of Trust, Grantor shall continue to reduce the remaining balance of the Grant by 1/80th of the Grant amount each year for an additional 25 years or until the balance of the Grant reaches zero.

Security
The loan shall be secured as follows:
(1) The loan shall be secured by a Deed of Trust and Promissory Note which may be subordinated to Deeds of Trust securing other Federal, State, City loans, or loans from conventional financing institutions used in conjunction with the Trust Fund loan on the same property. The City must approve all requests for subordination. (2) The loan shall be further secured by a Regulatory Agreement, Memorandum of Agreement, or recorded Covenants to assure that Program funds are used to provide long-term affordable rental housing opportunities for low- and moderate-income households. The Borrower and the City shall execute the Regulatory Agreement, Memorandum of Agreement, or recorded Covenants regulating project rents, tenant selection procedures,

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use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use. The Regulatory Agreement, Memorandum of Agreement, or recorded Covenants shall be recorded with the Deed of Trust.

Maximum loan and grant amounts
Except as restricted by State or Federal law, the maximum Trust Fund Loan/Grant per-unit shall not exceed the following:

Original Base Amount
Fiscal Year 2007-08*
Updated Amount
Fiscal Year 2017-18*
New
Construction
Acquisition &
Rehabilitation
New
Construction
Acquisition &
Rehabilitation
Zero and 1-Bedroom
Units $367, 000 $457,000 $492,848 $613,710
2 or more Bedroom
Units $386,000 $481,000 $518,363 $645,940
* Maximum loan/grant to be adjusted in July of each year utilizing the annual adjustment methodology for the City’s Affordable Housing Fee pursuant to Santa Monica Municipal Code Section 9.56.070(b)
Actual loan/grant amounts will be based on the project’s need and the level of affordability that is provided. Program loan/grants in excess of maximum amounts above must be approved by the City Council. Loans for projects in excess of fifty (50) units and any pending loan for a project in excess of $25 million must be presented to City Council as an Information Item.

IV. APPLICATION SUBMITTAL AND REVIEW PROCEDURES
Application Submittal
All applications for Program funds shall be submitted to the Housing Division and shall be reviewed and approved through an administrative review process as established in these Guidelines.

The Applicant shall complete and submit to the Housing Division the Application for Program Funds (see Exhibit C) and prepare all required attachments, including the management plan, tenant selection and marketing plan, relocation plan if necessary, signed purchase agreement and escrow instructions, preliminary title report, and limited partnership documents, if necessary, at least sixty

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(60) days prior to the scheduled close of escrow. Applications may be submitted at any time during the program year and will be considered in the order submitted to the Housing Division.

Application Review
The Housing Division staff shall review the application to:
(1) determine that the minimum Program requirements are met; (2) ensure that the estimated development costs are reasonable and in conformance with the City’s underwriting guidelines and
(3) review the estimated mortgage amount and Borrower equity contribution in accordance with the City’s underwriting guidelines and the requirements of the proposed source of City funding.

Within seventy-five (75) days of the submission of the application, the Housing Division shall determine whether the proposal is approvable for commitment, with or without conditions. If the City determines, in its discretion, that the application is complete and meets all of the Program criteria, the City may issue a commitment letter. If the application has deficiencies, the City staff will identify the problem areas and notify the Applicant.

Staff shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of proposed materials for low maintenance and long term durability.

Design Review
Applicants proposing new construction or change of use of projects, including the moving of buildings onto vacant sites, will be responsible for notifying the neighbors of the proposed project plans for the site at the time the project is submitted to the Architectural Review Board (ARB) for approval. Applicants will invite neighbors to review the project design and comment on the plans at the ARB meeting. The Applicant will notify the neighbors at least seven (7) days prior to the ARB meeting at which the project is scheduled to be reviewed.

Determination of Reasonable Costs and Financial Feasibility Housing Division staff shall review the Applicant's estimates and projections of rents, expenses, reserves and development costs in accordance with the City’s underwriting guidelines. The Applicant shall provide background documentation on all costs as requested by the City. The City may adjust cost and expense amounts as appropriate to conform to current market and industry standards. The total amount of the Program loan and all private loans shall not exceed the total development costs approved by the City.

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The maximum allowable purchase price shall not exceed the appraised value as evidenced by an appraisal prepared by a California State Certified General Appraiser and approved by the Housing Division, which is dated not more than six (6) months prior to the date of the application. The appraisal may not determine property value based solely on sales of properties financed by public agencies.

The maximum affordable mortgage amount shall be calculated using the rent schedule proposed by the Applicant as approved by the City, the proposed interest rate and terms of the primary loan(s), and reasonable operating allowances and reserves including a reserve to amortize a mortgage as needed.

The requested City loan for a project shall not exceed the total amount of the gap between the maximum affordable mortgage amount available from non-City sources plus funds available from other sources of public subsidy, and the total development costs plus any on-going annuity necessary to maintain affordable rent levels as defined in the Program application. The maximum City loan shall not exceed the maximum per-unit limits described in these Guidelines.

All assisted units must maintain rents that do not exceed the Maximum Affordable Rent, as defined in these Guidelines, for the life of the loan in accordance with the terms of the loan or other recorded Covenants. Syndicated projects must be structured such that ownership can feasibly be acquired by the nonprofit General Partner at the end of the term of the limited partnership agreement, when appropriate. When determining the maximum City loan, Housing Division staff will scrutinize the rent schedule and annual cash flows in order to determine whether long-term affordability is maintained. In cases where a rent subsidy program is utilized and the mortgage is calculated on the basis of the subsidized rents, an "affordability reserve" may be required, where the amount of the reserve shall be sufficient to cover the difference between affordable rents and the subsidized rents.

Developer Fee
For new construction projects, the developer fee shall not exceed the following per unit amounts, based on the size of the project:

Original Base Amount
Fiscal Year 2007-08*
Updated Amount
Fiscal Year 2017-18*
For 1 – 20 units $16,240 $21,809
For 21 – 30 units $15,080 $19,042
For 31 – 50 units $13,920 $17,577
For 51 or more units Negotiated Negotiated

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For acquisition and rehabilitation projects of 7 units or less, the developer fee shall not exceed $12,868 (updated for FY 2017-2018; original base amount for FY2007-2008 was $10,900) per unit. For acquisition and rehabilitation projects of 8 or more units, the developer fee shall not exceed the greater of $55,000 per project or the sum of 5% of the depreciable acquisition basis and 15% of the rehabilitation basis. With the exception of those fees for acquisition and rehabilitation projects of 8 or more units, developer fees will be adjusted in July of each year utilizing the annual adjustment methodology for the City’s Affordable Housing Fee pursuant to Santa Monica Municipal Code Section 9.56.070(b). At the discretion of the City Manager a higher fee may be allowed.

The development fee for new construction projects will be released in three stages: (1) one-third upon receipt of the necessary building permits, (2) one-third upon issuance of the certificate of occupancy, and (3) one-third upon the later of permanent loan closing or full lease-up of the project. For projects involving acquisition and rehabilitation, the development fee may be released in two stages: (1) twenty-five percent at the time of issuance of the building permit, and (2) 75% at the time of conversion of interim financing to permanent financing, or full lease-up of the project, whichever is later. Where the project does not utilize interim financing or involves acquisition only, the schedule for release of the developer fee will be reviewed on a case by case basis. Changes to the above schedules for the release of fees may be approved by the Housing Manager.

Developer Capacity
Applicants must demonstrate the capacity to successfully develop the proposed project. The City shall evaluate capacity on the basis of the Applicant’s track record in developing and managing affordable housing, or inclusion of development team members with a successful record in developing such housing. In addition, Applicants must demonstrate the financial and legal capacity to undertake the proposed project.

Clear Title
The Applicant shall have the responsibility to obtain clear title to the property. As soon as feasible, the Applicant will submit a preliminary title report for City review and written approval. Staff shall review the state of title, including the conditions, covenants, restrictions and legal description of the property and the rent control registration and removal permit issues. The Applicant shall correct the state of title and remove all exceptions to the title not consented to by the City before the City closes the loan.

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Senior Financing
The Applicant shall secure other resources such as equity from syndication proceeds, tax exempt financing, federal and state housing rental and development subsidies and available private financing to minimize the amount of the City loan. The Applicant will submit to the City for review the terms and conditions of all non-City financing as well as equity contributions. The Applicant must submit projected cash flows for the term of the loan, showing the maximum possible increases (i.e., worst case scenario) in debt service per year, the projected rent and expense increases, the means of making up any deficits, and projected payments of Residual Receipts. The City shall analyze the feasibility of the project to carry the loan, and if feasible will approve the terms of the non-City financing.

The City may, at its sole discretion, calculate the mortgage amount at the terms and rates of available financing programs other than that proposed by the Borrower, if alternative terms and rates are available that would reduce the amount of City subsidy required, and would otherwise conform to the City/Agency requirements.

Management and Affirmative Marketing Plan
Except in the case of projects funded under the federal Section 202 Supportive Housing Program and Section 811 Supportive Housing Program, the Applicant shall prepare a Project Management Plan for City review and approval. The Plan shall describe the Applicant's policies and procedures concerning:
(1) Affirmative marketing and tenant selection procedures including application procedures, prioritization of Santa Monica residents and workers (see Local Preference section below) where possible; waiting lists, and lease agreements; and marketing efforts and tenant selection procedures that will be used to attract eligible persons from all racial, ethnic and gender groups, as well as persons living with disabilities, in the housing market area to the available housing; the Plan should describe the protocols for keeping records of affirmative marketing activities and for keeping records of requests (from applicants and existing tenants) for accessible units;
(2) Procedures for determining tenant eligibility and certifying incomes; the Plan should demonstrate sufficient outreach to disability-related groups to ensure that accessible units are occupied to the extent possible by those households who need the accessibility features due to disability;
(3) Management/tenant relations and assistance to tenant organizations, including the training and use of tenants to perform maintenance and management functions as appropriate;
(4) Maintenance and repair services;
(5) On-site management facilities;
(6) Rent collection;

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(7) Records and reporting requirements;
(8) Personnel and staffing;
(9) Compliance with all tenant protection laws, including rent control law and Building and Health and Safety Codes;
(10) Fee schedule.

No person shall on the grounds of race, marital status, sex, color, age, religion, national origin, ancestry, physical disability, AIDS, or sexual orientation be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with these funds.

Local Preference
Local preference for Santa Monica residents and workers in tenant selection has been established by the City as policy. Local preference shall be a requirement of the Citywide Housing Trust Fund, Low-Moderate Income Housing Asset Trust Fund the TORCA Trust Fund, and the Redevelopment Replacement Housing Trust Fund. Local preference shall be a requirement of the HOME and CDBG Trust Funds only if permitted by the federal government.

In evaluating a loan request, staff shall evaluate a loan applicant’s effectiveness in achieving the City’s local preference goals and give priority to those loan applicants who administer their wait lists using sorting protocols which result in outcomes where households who live or work in Santa Monica are beneficiaries of City-funding affordable housing.

Subject to applicable tenant income limits and any preferences required by the laws of the United States or the State of California (including but not limited to laws and regulations governing nondiscrimination and preferences in housing occupancy), the Borrower shall give preference in leasing units in the following order of priority.
(1) First priority shall be given to persons who have been permanently displaced or face permanent displacement from housing in Santa Monica as a result of any of the following:
(a) A redevelopment project undertaken pursuant to California’s Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) -- applicable only to projects funded by the Low-Moderate Income Housing Asset Trust Fund. (b) Ellis Act, owner-occupancy, or removal permit eviction; (c) Earthquake, fire, flood, or other natural disaster; (d) Cancellation of Section 8 contract by property owner; or (e) Governmental Action, such as Code enforcement.

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(2) Second priority shall be given to persons who are either:
(a) Residents of Santa Monica and/or
(b) Working in Santa Monica at least 36 hours per week for at least 6 months.

Regarding any “accessible units” that are required as part of a multifamily development, such accessible units should be first offered to existing occupants of the building (if applicable) who are not occupying an accessible unit and who have indicated a need for the features of an accessible unit. If no existing occupants of the building have indicated the need for the features of an accessible unit, or if the building is being leased for the initial occupancy, then such accessible units should first be offered to applicants who have indicated the need for the features of an accessible unit, inclusive of the preferences above. The application of preferences may not conflict with Section 504 of the Rehabilitation Act of 1973, 24 C.F.R. §100.202, and any other preemptive laws that may be enacted regarding fair housing for persons living with disabilities. “Accessible units” refers to those units which were originally approved by the City specifically as accessible units and which provide specific features to address the needs of persons living with mobility impairments or persons living with sensory impairments.

Environmental Review
Project sites must be free from adverse environmental impacts, e.g., noise, or the proposed project must successfully mitigate these impacts. The City shall assess the environmental effects of each activity proposed to be carried out with City funding in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the California Environmental Quality Act (CEQA), as applicable. The Housing Division staff will commence the assessment as part of the initial review of the application. For projects subject to NEPA review, no loan funds (except for activities normally exempted from the environmental clearance requirements in 24 CFR Part

58.34) shall be released until the environmental review is completed, the notice of finding and environmental assessment results are published, and the 15 day public comment period expires.

Prevailing Wages
Any contract for construction (rehabilitation or new construction) of affordable housing with 12 or more units assisted with HOME funds, or 8 or more units if the project is assisted with CDBG funds, must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1.

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For all funding programs, the following prevailing wage requirements apply. Pursuant to Chapter

7.28 of Article VII of the Santa Monica Municipal Code, any rehabilitation or new construction project receiving City financial assistance shall comply with State prevailing wage requirements if the following minimum thresholds are met:
(1) For a rehabilitation project over $15,000.
(2) For a new construction project over $25,000
"Minimum total construction contract" shall not include expenses associated with site acquisition, architectural and other pre-construction development costs, financing charges, bonding and insurance requirements, and fees, permits or licenses required in connection with the project. The minimum thresholds stated above are adjusted each July 1st by the percentage change in the Consumer Price Index for the previous calendar year. Current minimum thresholds and prevailing wage levels can be obtained from the Office of the City Engineer.

Relocation
The Applicant shall develop a plan for temporary relocation or permanent voluntary relocation, where necessary, for review by the City. The relocation plan shall be in accord with the City's Relocation and Tenant Assistance Plan, and the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42, and the California Relocation Assistance Law, where applicable, copies of which may be obtained from the Housing Division. There shall be no permanent involuntary tenant displacement. In cases where tenants will be voluntarily displaced, the Applicant must submit a copy of a letter to each tenant which (1) details the tenant’s rights to relocation assistance, and (2) has been signed by the tenant indicating the tenant’s voluntary waiver of any relocation payments.

Contracting Requirements
All Applicants will be required to submit an affirmative action/equal employment opportunity plan indicating the methods that they will use to encourage the participation of certified Minority Business Enterprise/Women Owned Business Enterprise (MBE/WBEs) in their development project. City staff will review the plan and competitive bid and selection process to ensure that required procedures have been followed. City staff will also monitor construction to ensure that MBE/WBEs are participating in the project as indicated in the construction contract.

In accordance with the City's Women and Minority Business Enterprise Program approved by City Council on March 8, 1983, all Borrowers are required to consider the City's Women and Minority Business Enterprise Program Library of Directories and Minority and Women Vendors' listing the procurement of equipment, material, supplies and professional services.

All work shall be completed by State-licensed contractors which shall have Santa Monica business licenses. All contracts must comply with competitive bidding requirements. Contracts over

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$10,000 must be in accordance with City's Women and Minority Business Enterprise Program.

All efforts shall be made by the private owner or the Borrower to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin, ancestry, physical disability, AIDS, or sexual orientation, in seeking contractors and subcontractors.

Competitive Selection Criteria
In selecting among competing project applications, unless otherwise determined for a particular project, priority shall be given to projects that:
(1) Significantly increase affordable housing opportunities for households who have difficulty finding housing including the homeless, large families, the disabled, seniors, and persons traditionally served by Single Room Occupancy housing. (2) Are cost effective or achieve the lowest possible subsidy per unit for City resources. (3) Benefit a high percentage of very low- and low-income households by ensuring deeper affordability.
(4) Are located in areas currently underserved by affordable housing developments. (5) Address an area of need identified in the Housing Element of the City of Santa Monica;
(6) Addresses a particular need identified in the Council-approved Housing Trust Funds Plan;
(7) Applicant’s past and projected effectiveness implementing the City-established local preferences (i.e., households which live or work in Santa Monica).

V. LOAN COMMITMENT AND CLOSING PROCEDURES
Loan Commitment
A commitment letter shall be prepared by the Housing Division, reviewed and approved by signature by the Manager of the Division and the Director of Housing and Economic Development, and signed by the City Manager. The letter shall state the maximum amount of Program funds reserved for the project and list all of the additional conditions, documents and steps that must be taken by the Borrower prior to loan closing. All loans which exceed the maximum loan and grant amounts in Section III shall require City Council approval. Notice of the issuance of the commitment shall be posted publicly, and a copy of such notice shall be published in a newspaper of general circulation, no later than 21 days after the commitment is issued.

Staff will prepare and make public a written statement explaining the reasons for approving or denying a loan request. The written statement should address the merits of the loan application evaluated under the criteria, including:

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- Whether the loan request significantly increases affordable housing opportunities for households who have difficulty finding housing including the homeless, large families, the disabled, seniors, and persons traditionally served by Single-Room Occupancy housing; - Cost-effective or achieve the lowest possible subsidy per unit for City resources; - Benefit a high percentage of very low- and low-income households by ensuring deeper affordability;
- Located in areas currently underserved by affordable housing developments - Addresses an area of need identified in the Housing Element of the City of Santa Monica; - Addresses a particular need identified in the Council-approved Housing Trust Funds Plan; - Loan Applicant’s past and projected effectiveness implementing the City-established local preferences (i.e., households which live or work in Santa Monica).

The Borrower shall conduct a public meeting for the proposed project within 30 days of the delivery of the loan commitment letter. The Borrower must provide a written notice which provides the date, time and location of the public meeting to the Housing Division at least 15 days prior the public meeting date. The written notice shall be made public on the Housing Division’s website. In addition, staff will provide the written notice to the neighborhood association in which the proposed project is located and the notice shall be published in a newspaper of general circulation. This publication may be combined with the notice of issuance of the commitment.

Upon issuance of a commitment letter, the Housing Division shall prepare draft loan documents, including a draft Loan Agreement, Promissory Note, Deed of Trust (or other appropriate security as determined by the Housing Manager), and Regulatory Agreement or recorded Covenants, and submit them to the City Attorney’s office for review and approval as to form. The submission shall include copies of the preliminary title report, instructions to escrow concerning the items that may appear on the title upon closing, and may include the purchase agreement, long term lease agreement, or air-rights agreement, as applicable. Requirements for a Regulatory Agreement or recorded Covenants may be waived in the case of a project which is funded under the HUD Section 202 or Section 811 Program.

Loan Closing
Funds may be disbursed following execution of the loan documents by the Borrower and the City Manager, and compliance with all commitment conditions. Staff shall submit a request for release of funds required for loan closing to the Finance Director. The Finance Director may then authorize release of loan funds into an escrow account established for the loan closing with instructions for disbursement. The City will wire funds to escrow twenty-four hours prior to the scheduled close of escrow.

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VI. PROJECT MONITORING AND REPORTING
The Housing Division shall monitor the project during rehabilitation or construction as needed for compliance with any loan documents and applicable City, State and/or Federal regulations. The Housing Division shall request notification of the final inspection and final construction release from the primary lender, and shall review management practices and reporting procedures with the Borrower and project management agent at that time for full compliance with Program requirements. A copy of the Notice of Completion for the project shall be submitted to the Housing Division at the time the Notice is recorded.

Borrowers shall be required to certify annually that they have complied with affirmative marketing and tenant selection procedures, and shall submit an annual report to the Housing Division in the form specified by the Division. The Housing Division shall monitor compliance with any Regulatory Agreement or recorded Covenants, the loan documents, and applicable City, State and/or Federal regulations on an annual basis.

For projects funded under the federal Section 202 Supportive Housing Program and Section 811 Supportive Housing Program, during the term of the HUD Capital Advance documents, compliance with the HUD documents will constitute compliance with the provisions of these Guidelines.

Fair Housing and Equal Opportunity
Borrower shall post notices stating that a housing project is subject to Fair Housing and Equal Employment Opportunity requirements of 24 CFR 92.350 and 351 at each project site. The name and telephone number of the Fair Housing Officer of the City of Santa Monica will be included on the notices.

Fair Housing complaints are referred to the City Attorney's office for investigation. If, after investigation, it is determined that discrimination in the rental or sale of housing has occurred, the City Attorney may attempt to mediate a settlement between the owner/seller and the complaining party. Mediation is usually successful. However, if it is not, the party with the complaint may proceed to file against the owner/seller. If a pattern of discrimination has occurred, the City may file suit for unfair business practices or other applicable violations.

Establishment and Use of Reserve Funds
Upon completion of project construction, the Borrower will be required to capitalize a Reserve Fund in an amount determined by the City and make annual contributions to the Fund. The Reserve Fund can be utilized for expenditures related to necessary structural and equipment replacements and improvements of a capital nature, and is not intended to be used for ordinary maintenance items. Any expenditure by the Borrower from the Reserve Fund in excess of $5,000 must be approved in advance by the City in writing. Expenditures of $1,000 to $5,000 must be

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documented by paid invoices submitted to the City within 30 days of disbursement from the Reserve Fund.

Annual Reporting by the Housing Division
The City Manager shall prepare an initial proposed plan, called Housing Trust Funds Plan (“Plan”), for affordable housing development in the City for the remaining period covered by the current Housing Element (i.e., through 2021). The Plan shall be made available online and the Housing Division shall conduct a 45-day public comment period. A public meeting hosted by the Housing Commission shall be held by the Housing Division between the 30th and 45th day of the public comment period. Once the public comment period is completed, the Plan with any public comments shall be submitted to the Housing Commission for review and recommendation to the City Council for review and its approval. A Housing Trust Funds Plan shall be prepared and adopted for each Housing Element cycle.

Thereafter, on an annual basis, the Housing Division shall prepare a report to the Housing Commission for its review and recommendation for City Council approval. The annual report shall include details on the following items:
(1) The source and amounts of funding for each Housing Trust Fund received during the prior year;
(2) The amount and uses of funds, including the amount and source of funding commitments issued, from each Housing Trust Fund during the prior year; (3) The quantity and type of affordable housing made available for occupancy during the prior year;
(4) The quantity and type of housing which exceeded or fell below the annual production mandate of Proposition R during the prior year;
(5) Cumulative figures of source/amount of Housing Trust Funds, quantity/type of affordable housing made available, and exceeded/missed Proposition R requirement, covering the Housing Element period, as well as comparison with the Quantified Objectives set forth in the Housing Element; and
(6) A comparison of the actual cumulative affordable housing production covering the period of the adopted Housing Trust Funds Plan with the goals set forth in that plan.

Once approved by City Council, both reports shall be posted on the Housing Division’s website.

Public Information on the Housing Division’s Website
Within one week of becoming public, the following items shall be posted to the “Housing Trust Funds” location on the Housing Division’s website:
(1) the current Housing Trust Fund Guidelines;
(2) all documents generated and made public by the City Manager, the Housing Division, the

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Housing Commission, and the City Council pursuant to the affordable housing planning and reporting process;
(3) written explanation of the City’s decisions to approve or deny loan applications; (4) all loan commitment letters issued;
(5) all notices of the required public meeting following a loan commitment; and (6) all annual reports provided by the Housing Trust Fund recipients. Staff shall ensure that the annual reports posted publicly shall redact any confidential or personal information.

The City also shall provide—at the same location on its website—a mechanism whereby interested members of the public can sign-up to receive an automatic email with a link to the document every time a new document is posted to this section of the City’s website.

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VII. FUNDING SOURCES
HOME Trust Fund
Source of Funds
Funding for this Program is provided through the U.S. Department of Housing and Urban Development (HUD) HOME Program (including program income and residual receipts), and therefore is subject to the federal rules and regulations found in 24 CFR Part 92, as amended from time to time.

Eligible Borrowers/Grantees
Eligible borrowers are non-profit Housing Development Corporations (HDCs) with proven capacity to develop, own and operate affordable housing, and which have a valid 501(c)(3) or (4) designation from the IRS, and private owners of multi-family and SRO rental buildings with proven capacity to develop, own and operate affordable housing. Limited partnerships whose general partner is otherwise eligible are also eligible to borrow Program funds.

Eligible Projects
Projects eligible for HOME funding shall:
(1) be rental projects located in the City of Santa Monica; (2) contribute to the achievement of the City's fair housing goals; (3) involve 4 or more apartments or Single-Room-Occupancy (SRO) units which will be rented to eligible lower income households at rents that do not exceed rents as defined by 24 CFR 92.252, dated September 16, 1996, as amended from time to time. Projects serving persons with special needs, or where the City Manager finds that the project will provide a substantial public benefit, may have fewer than four apartment or SRO units. Transitional or permanent housing may be provided (but not temporary shelters). (4) have at least 20% of the HOME assisted units rented to very low income families (50% of median income) under the terms and conditions set forth in 24 CFR 92.252 (2)(b); (5) demonstrate financial feasibility -- including the ability to maintain rents for the subsidized units at affordable levels for the periods specified in 24 CFR 92.252; (6) be free of significant adverse environmental impacts, except those that can be mitigated through the project itself;
(7) minimize tenant displacement;
(8) comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, meet housing quality standards in Section 882.109 of Title 24. Newly constructed housing must meet the current edition Model Energy Code of the Council of American Building Officials; (9) make efficient use of public funds and avoid "layering" of subsidies beyond those necessary to achieve a financially feasible project;
(10) have at least 51% of the project space be residential, if in a mixed use project. (11) Acquisition or Acquisition and Rehabilitation projects shall have at least 51% of the units occupied by households with incomes that do not exceed 80% of median income,

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adjusted for household size, at the time of acquisition (except as approved by the City Manager).

Eligible Uses and Activities
HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of rental housing which is affordable to very low and low-income households as defined by 24 CFR

92.2. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified community housing development organizations (CHDO’s).

New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including:

1. site acquisition;

2. cost of demolishing existing structures only if construction is commenced within 12 months of demolition;

3. site preparation costs (grading, filling, etc.);

4. financing costs as described in 24 CFR 92.206;

5. architectural, engineering, and other related soft costs;

6. the cost of extending or upgrading utilities to the site to support the proposed project;

7. construction costs;

8. relocation costs; and,

9. affirmative marketing and audit costs related to HOME program requirements.

10. predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.

Rehabilitation costs eligible for HOME funding include:

1. project acquisition with or without rehabilitation;

2. costs of temporary or permanent relocation for existing tenants;

3. financing costs, as described in 24 CFR 92.206;

4. architectural, engineering, or other design costs;

5. utility upgrade or extension costs;

6. costs associated with demolition (where necessary) only if rehabilitation is commenced within 12 months of demolition;

7. construction costs;

8. project audit costs; and,

9. affirmative marketing costs.

Ineligible Uses and Activities
The following costs are not eligible for HOME funding:

1. project reserve accounts for replacement or operating reserves, and operating subsidies;

2. payment of impact fees;

3. land banking;

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4. emergency repair or weatherization programs;

5. commercial properties;

6. temporary shelters; or

7. project-based rental assistance.

Affordability Requirements
A housing project qualifies as a HOME assisted affordable housing project if rents are limited as follows:

1. At least 20 % of the HOME assisted units are:
a) Occupied by very low-income families who pay toward rent not more than 30% of the family adjusted income, or
b) Occupied by very low-income families and bear rents not greater than 30% of the gross income of a family whose income equals 50% of the median income, as determined by HUD. In determining the maximum monthly rent, the landlord must subtract a monthly allowance for any utilities and services (excluding telephone) to be paid by the tenant.

2. All remaining HOME assisted units must bear rents not greater than the lesser of:
a) The fair market value for existing comparable units in the area as established by HUD, less the monthly allowance for utilities and services to be paid by the tenant; or b) A rent that does not exceed 30% of the adjusted income of a family whose income equals 65% of the median income for the area as determined by HUD. In determining the maximum monthly rent, the owner must subtract a monthly allowance for utilities and services to be paid by the tenant.

3. Is occupied only by households that qualify as lower income (80% of median income) families;

4. Will remain affordable, pursuant to deed restriction, covenants running with the land, or other mechanisms that ensure that the property will remain affordable without regard to the term of the mortgage or transfer of ownership for not less than 55 years.

Other Requirements
Minimum Loan: All HOME investments must total not less than $1,000 multiplied by the number of HOME assisted units in the project.

Maximum Loan: The maximum amount of subsidy per unit shall not exceed the maximum allowed by HUD under the HOME program (24 CFR 92.250), or that provided for under Section IV, Loan Terms, of these Guidelines, whichever is less. The City will avoid unnecessary layering of subsidies from different federal, state and local programs and seek to maximize the benefit to target households from the investment of HOME funds in a project. See Exhibits (in Section VIII of this report) for Home Program Subsidy Limits.

Property Standards: Housing that is assisted with HOME funds must meet, at a minimum, the housing quality standards of all local codes, rehabilitation standards and zoning codes. Newly constructed housing must meet the current edition of the Model Energy Code published by the

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Council of American Building Officials. Substantially rehabilitated housing must meet the costeffective energy conservation and effectiveness standards in 24 CFR 39.

Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis-Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1. These provisions apply whether HOME funds are used for construction or non-construction costs.

Lead-based Paint: Housing assisted with HOME funds constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention Act and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement.

Conflict of Interest: No person who is an employee, agent, consultant, officer, or elected official or appointed official of the City who exercises or has exercised any function or responsibility with respect to activities assisted with HOME funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

Religious organizations: HOME funds may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. However, HOME funds may be used by a secular entity to acquire housing from a primarily religious organization, and a primarily religious organization may transfer title to property to a wholly secular entity and the entity may participate in the HOME program in accordance with the requirements of this part. The entity may be an existing or newly established entity (which may be an entity established, but not controlled, by the religious organization). The completed housing project must be used exclusively by the owner entity for secular purposes, available to all persons regardless of religion. In particular, there must be no religious or membership criteria for tenants of the property.

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CDBG Housing Trust Fund
Source of Funds
Funding for this program is provided through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program (including program income and residual receipts), and therefore is subject to the federal rules and regulation found in 24 CFR Part 570, as amended from time to time.

Eligible Borrowers/Grantees
Eligible borrowers are community-based nonprofit housing development corporations (CBDO’s) duly organized or with capacity to promote and undertake community development activities on a not-for-profit basis, with proven capacity to develop, own and operate affordable housing, within a neighborhood identified in the Community Development plan. Such organizations are defined in CDBG regulations (24 CFR 570.204(a)(2)(c)(1)). Nonprofit Housing Development Corporations (HDC’s) and social service agencies with proven capacity to develop, own, and operate affordable housing, and limited partnerships whose general partner(s) is otherwise eligible under the above provisions are also eligible to borrow Program funds if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee.

Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.

Eligible Projects
Eligible projects will: (1) have four or more apartment units, Single Room Occupancy (SRO) units, or fewer than four units in the case of congregate housing, mobile home units or where the City Manager finds that the project will provide a substantial public benefit; (2) if acquisition or rehabilitation, have at least 51% of the units occupied by low and moderate income tenants at the time of acquisition (except as approved by the City Manager); (3) if new construction, have 20% of the units occupied by low income tenants; (4) be free from significant adverse environmental impacts except those that can be mitigated; and, (5) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program. Transitional or permanent housing may be provided. Rents of assisted units shall be affordable to households whose incomes do not exceed 80% of the area median income.

Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, principally for low and moderate income households, including but not limited to:
(1) acquisition and/or rehabilitation of eligible rental properties; (2) new construction of rental or limited equity cooperative housing by a CBDO is eligible, provided the construction activity is carried out as part of a neighborhood revitalization, community economic development or energy conservation project;

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(3) predevelopment loans up to a period of 24 months for site acquisition or construction.

Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.
(4) acquisition of short-term occupancy rental housing.

Funds may also be used for related predevelopment activities, including professional services which cannot be obtained on a contingency basis.

Ineligible Uses and Activities
Funds may not be used for the following activities:
(1) the construction of new rental housing or for any program to subsidize or assist such housing except when carried out by a CBDO.
(2) to provide income payments for rent or utilities, except in emergency situations for a period not longer than three months.
(3) to assist rental housing properties if less than 51% of the units will be occupied by low and moderate income households. However, such housing may be assisted where (a) The assistance is for the purpose of reducing the development cost of new construction;
(b) The project is not designed for/occupied by elderly households; (c) At least 20% of the units will be occupied by low- and moderate-income households (households with incomes which do not exceed 80% of median income); and
(d) The proportion of the total cost of developing the project (to be borne by the CDBG funds) is less than or equal to the proportion of the units in the project which will be occupied by low to moderate income households.

Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in 24 CFR Part 570 Subpart K, including but not limited to standards of financial management, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity.

Borrowers should note:

Contract Requirements: All work shall be completed by licensed contractors. All contracts must comply with competitive bidding requirements.

Labor Standards: A property with eight or more residential units must comply with the Federal Labor Standards, including the Davis-Bacon Act requirements, as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing Urban Development Act of 1968 and be in accord with the City's Women and Minority Business Enterprise Program. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex,

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color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.

Lead Based Paint: All projects must comply with the federal Lead-Based Paint Hazard Abatement regulations contained in Subpart K, 24 CFR 570.

Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.

Religious Organizations: All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.

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Citywide Housing Trust Fund
Source of Funds
Funding for this program is provided using revenues generated through (i) Development Agreements with for-profit development firms doing business in the City of Santa Monica, (ii) inlieu fees from the Affordable Housing Production Program established by Ordinance 1918, (iii) the Affordable Housing Commercial Linkage Fee Program, and (iv) proceeds from the sale of City-owned property.

Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDCs) with proven capacity to develop, own, and operate affordable housing and whose Articles of Incorporation and Bylaws irrevocably dedicate residential property owned by the corporation to the charitable purpose of providing affordable housing to low and moderate income households. Limited partnerships with such a nonprofit housing development corporation as the general partner are also eligible borrowers if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.

Eligible Projects
Funds can be used to make deferred loans to eligible borrowers to provide affordable housing, for low- and very low-income households through acquisition and/or rehabilitation or new construction.

Eligible rehabilitation projects will:
(1) be in need of rehabilitation as defined herein;
(2) be located in the City of Santa Monica;
(3) be free from significant adverse environmental impacts except those that can be mitigated through rehabilitation; and
(4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program.

Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above.

Eligible acquisition and rehabilitation projects shall have at least 51% of the units occupied by households whose incomes do not exceed 80% of median income, adjusted for household size, at the time of acquisition (except as approved by the City Manager). Any units vacated subsequent to the acquisition date shall be affordable to households whose incomes do not exceed 60% of median income, and (except for households in occupancy at the time of acquisition) shall be occupied by households whose incomes do not exceed 60% of median income.

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For new construction projects, any unit assisted under this program shall be affordable to and occupied by households whose incomes do not exceed 60% of median income as adjusted for household size.

Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, for low- and very low-income households, including but not limited to the following:
(1) acquisition and rehabilitation of eligible rental properties; (2) acquisition and conversion of non-residential property to multifamily or Single-Room Occupancy rental housing units;
(3) new construction of rental housing units;
(4) acquisition and rehabilitation or construction of Single-Room Occupancy housing units; and
(5) predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.

Other Requirements
Funds derived from the Affordable Housing Production Program may only be used for (i) new construction expenses, or for (ii) acquisition expenses incurred in conjunction with new construction of projects. Units assisted with Affordable Housing Production Program funds shall be primarily units for families with an average of two bedrooms.

Religious Organizations
All projects must be used exclusively for secular purposes, and must be available to all persons regardless of religion. The housing may not be used for worship or religious instruction.

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Low-Moderate Income Housing Asset Trust Fund
Source of Funds
Funding sources for this program are generated from proceeds from the sale of former Redevelopment Agency housing assets, residual receipts from former Redevelopment Agency assets (i.e., loans), as well as a portion of the loan repayments from the former Redevelopment Agency to the City. Sources are set aside for the purpose of increasing, improving and preserving the community’s supply of low and moderate income housing as stipulated by California Health and Safety Code Section 34176. (Further information on grant terms provided in Section III).

Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDC’s) duly organized to promote and undertake community development activities on a not-for-profit basis, or for-profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds.

Eligible Projects
All new construction projects shall be affordable to households whose income, as adjusted for household size, does not exceed 80% of median income.

Eligible acquisition and/or rehabilitation projects will:
(1) have four or more apartment or SRO units or be congregate housing or mobile home units, except where the City Manager finds that the project will provide a substantial public benefit;
(2) be in need of rehabilitation as defined herein;
(3) be located in the City of Santa Monica;
(4) be free from significant adverse environmental conditions except those that can be mitigated at a reasonable cost through rehabilitation; and (5) minimize tenant displacement.

Eligible Uses and Activities
Program funds can be used to make loans or grants to eligible borrowers who will provide affordable housing, principally for low- and moderate-income households. Eligible uses of deferred payment loan funds or grants include, but are not limited to, the following:
(1) acquisition and/or rehabilitation of eligible properties for rental or transitional housing; (2) acquisition and conversion of non-residential property to multifamily or Single-Room Occupancy rental housing units;
(3) new construction of housing units for rental or transitional housing; (4) acquisition and rehabilitation of Single-Room Occupancy housing units; and

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(5) predevelopment loans or grants up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans or grants may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager.

Affordability Requirements
As required by State law, all projects shall be targeted to households earning 80% or less of the area median income, based on the State of California Housing and Community Development income and rent limits. State law also requires that at least thirty percent (30%) shall be expended for rental housing affordable to and occupied by “low-income” households does not exceed thirty percent (30%) of the area median income and no more than twenty percent (20%) affordable to and occupied by households between 60% of the area median income and 80% of the area median income.

Units are considered affordable when the rent, less a deduction for a utility allowance, for a “very low-income” household does not exceed thirty percent (30%) of 50% of the area median income; for a “low-income” household does not exceed thirty percent (30%) of 60% of the area median income.

Very low-income households are households whose incomes do not exceed 50% of the area median. Low-income households are households whose income does not exceed 80% of the area median. The median income as referenced above is the Los Angeles County median income figure, adjusted for household size, as published by the California Department of Housing and Community Development (HCD) from time to time.

Project Monitoring
The City shall monitor annually any housing affordable to households of low- or moderate-income funded with these trust funds. The City will require owners or managers of the housing developments to submit an annual report to the City. The annual report will include information on rental rates, family income, and family size of occupants.

Security
The loan or grant shall be secured by a Deed of Trust and Promissory Note which may be subordinated to deeds of trust securing other Federal, State, or City loans, or loans from conventional financing institutions used in conjunction with the Low-Moderate Income Housing Asset Trust Fund Loan on the same property. The City must obtain written commitments to protect the City’s investment in the event of a default. The City must approve all requests for subordination.

The loan or grant shall be further secured by recorded Covenants and Restrictions, running with the land, to assure that Program funds are used to provide long-term affordable rental housing opportunities for low and moderate income households. The Borrower and the City shall execute

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and record Covenants and Restrictions regulating project rents, tenant selection procedures, use of project income, management and maintenance, transfer of property, and permitted forms of ownership and use, including a prohibition on conversion of the project to condominium or stock cooperative ownership for the term of the recorded Covenants and Restrictions. The recorded Covenants and Restrictions shall provide for the longest feasible time. Notwithstanding the above, the Covenants and Restrictions would in no event, be shorter than any other term of a Regulatory Agreement or Covenant recorded concurrently with the City’s Covenants and Restrictions. The Covenants and Restrictions shall be recorded with the Deed of Trust.

In some circumstances, these Covenants and Restrictions may be subordinated by the City, pursuant to Section 33334.14 of California Health and Safety Code, to liens, encumbrances, or regulatory agreements of other federal or state agencies or lenders providing financing for the project, subject to assurances by senior lenders that the City’s lien rights will be protected.

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TORCA Housing Trust Fund
Source of Funds
Funding for this Program is provided using revenues generated pursuant to the Tenant Ownership Rights Charter Amendment, as amended by Proposition K (including the repayment of sharedappreciation loans made pursuant to this Program.

Eligible Borrowers*
Eligible borrowers are nonprofit Housing Development Corporations (HDCs) with proven capacity to develop, own, and operate affordable housing, and whose Articles of Incorporation and Bylaws irrevocably dedicate residential property owned by the corporation to the charitable purpose of providing affordable housing to low- and moderate-income households. Limited partnerships with such a nonprofit housing development corporation as the general partner are also eligible borrowers if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.

Eligible Projects
Eligible projects include acquisition, rehabilitation, or new construction of rental or ownership housing projects which:
(1) consist of mobile home unit(s), congregate housing, Single-Room Occupancy units, or have four or more apartments, except where the City Manager finds that the project will provide a substantial public benefit;
(2) are located in the City of Santa Monica;
(3) are free from significant adverse environmental impacts except those that can be mitigated through rehabilitation;
(4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the program and
(5) have at least 51% of the units occupied by households whose incomes do not exceed 80% of median income, adjusted for household size, at time of acquisition (except as approved by the City Manager).

Projects which involve conversion of an existing nonresidential use to residential use are eligible.

Transitional or permanent housing may be provided. Projects which involve the conversion of mobile home units to limited equity housing cooperative ownership are also permitted.

Eligible Uses and Activities
Program funds can be used to make loans to eligible borrowers who will provide affordable housing, principally for low and moderate income households. Eligible uses of TORCA funds include, but are not limited to, the following:
*While the City may not act as a borrower itself, the City Charter provides that the City may also utilize TORCA funds for the development of housing projects which meet TORCA requirements.

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(1) acquisition and/or rehabilitation of eligible rental properties; (2) acquisition and conversion of nonresidential property to multifamily or Single Room Occupancy rental housing units;
(3) new construction of rental housing units;
(4) acquisition and rehabilitation of Single-Room Occupancy housing units; (5) predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager; and (7) provide rental subsidies for temporary or permanent housing for low-income households.

Affordability Requirements
All units assisted under this program shall be affordable to households with incomes that do not exceed 80% of median income, and (except for households in occupancy at time of acquisition) shall be occupied by households with incomes that do not exceed 80% of median income.

Other Requirements
Labor Standards: State prevailing wage requirements apply to projects in which project costs exceed $25,000 for new construction or $15,000 for rehabilitation.

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Redevelopment Replacement Housing Trust Fund
Source of Funds
Funding for this program is provided using revenues generated through (i) the voter-approved Measure GSH tax revenues and (ii) any other funds dedicated by the City Council.

Eligible Borrowers/Grantees
Eligible borrowers are nonprofit Housing Development Corporations (HDCs) with proven capacity to develop, own, and operate affordable housing and whose Articles of Incorporation and Bylaws irrevocably dedicate residential property owned by the corporation to the charitable purpose of providing affordable housing to low- and moderate-income households. Limited partnerships with such a nonprofit housing development corporation as the general partner are also eligible borrowers if the nonprofit partner is the managing general partner throughout the term of the loan and will receive at least 51% of the developer fee. Nonprofit corporations must have a valid 501(c)(3) or (4) designation from the Internal Revenue Service.

Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above.

Eligible acquisition and rehabilitation projects shall have at least 51% of the units occupied by households whose incomes do not exceed 80% of median income, adjusted for household size, at the time of acquisition (except as approved by the City Manager). Any units vacated subsequent to the acquisition date shall be affordable to households whose incomes do not exceed 80% of median income, and (except for households in occupancy at the time of acquisition) shall be occupied by households whose incomes do not exceed 80% of median income.

Affordability Requirements
All assisted units shall be affordable to households whose incomes do not exceed 80% of median income, and (except for households in occupancy at the time of acquisition) shall be occupied by

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households whose incomes do not exceed 80% of median income. The City may require the Borrower to pay to the City residual receipts resulting from rents associated with tenant(s) existing prior to the acquisition which exceed the rent limits pursuant to the Regulatory Agreement.

For new construction projects, any unit assisted under this program shall be affordable to and occupied by households whose incomes do not exceed 80% of median income as adjusted for household size.

All eligible projects assisted under this program will not be required to meet a minimum average number of bedrooms per unit requirement.

Eligible Uses and Activities
Funds can be used to make loans to eligible borrowers to provide affordable housing, for low- and very low-income households, including but not limited to the following:
(1) acquisition and rehabilitation of eligible rental properties; (2) acquisition and conversion of non-residential property to multifamily or Single-Room Occupancy rental housing units;
(3) new construction of rental housing units;
(4) acquisition and rehabilitation or construction of Single-Room Occupancy housing units;
(5) predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12 month extension option at the discretion of the Housing Manager; and (6) Rental subsidy or other affordable housing programs with City Council approval.

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July 27, 2021
Local Housing Trust Fund
Source of Funds
Funding for this program is provided through the California Department of Housing and Community Development (HCD). Approximately $57 million in funding for the Local Housing Trust Fund (LHTF) Program is provided by the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1), adopted by voters on November 6, 2018.

Matching Funds
All program funds provided pursuant to this section shall be matched on a dollar for dollar basis with dedicated sources of funding.

Underwriting Requirements

1. Loan Interest Rate - Interest rate is the amount charged on the loan balance, expressed as an annual percentage.
• Not to exceed three percent (3%)

2. Debt coverage ratio (DCR) - The ratio of a property’s estimated net cash flow to loan payment.
• DCR ranges from 1.1 to 1.2

3. Reserves – California Code of Regulations Title 4, Division 17, Chapter 1, Section 10327(c)(7)(A) and (B) - commonly referenced as TCAC
• Replacement reserves – An account to fund new building materials and systems as older materials and systems wear out.
• The minimum replacement reserve deposit for projects shall be three hundred dollars ($300) per unit per year, or for new construction or senior projects, two hundred fifty dollars ($250) per unit per year. • Operating reserves - An account to cover a deficit in the property’s operation.
• An operating reserve shall be funded in an amount equal to three months of estimated operating expenses, debt service, and reserve deposits under stabilized occupancy.

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VIII. EXHIBITS
Exhibit A Definitions
Exhibit B HOME Program Subsidy Limits
Exhibit C Rental Housing Loan Application (with check list and including Green Affordable Housing Checklist)
Exhibit D Green Affordable Housing Checklist

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Packet Pg. 463 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) Housing Trust Fund Guidelines

EXHIBIT A
Definitions
Acquisition Basis: Owner’s basis for acquisition of the property as determined by Standard Accounting Procedures.

Capitalized Reserve Account: An account established with funds from capital funding sources available at the time of completion of development for the purpose of funding future project costs.

Community Housing Development Corporation (CHDO): A private nonprofit housing development corporation which meets a series of HUD qualifications prescribed in the HOME Regulations, including the requirement that it is duly organized to provide decent housing that is affordable to low- and moderate-income persons; maintains at least one-third of its governing board’s membership for residents of low-income neighborhoods, other low-income residents, or elected representatives of low-income neighborhood organizations; and, provides a formal process for low-income program beneficiaries to advise the organization in its decisions regarding the design, siting, development, and management of affordable housing.

Community Based Development Organization (CBDO): A Housing Development Corporation which meets the requirements of CDBG regulations as defined in 24 CFR 570.204(a)(2)(c)(1), as amended from time to time.

Congregate Housing: A multi-family residential facility with shared kitchen facilities, deedrestricted or restricted by an agreement approved by the City for occupancy by low or moderate income households, designed for occupancy for periods of six months or longer, providing services which may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility.

Depreciable Basis: Owner’s basis for depreciable costs of the project as determined by Standard Accounting Procedures, not including developer fees.

Fair Market Rents: Maximum rents as published by HUD for the Section 8 programs for the Los Angeles Area, adjusted for unit size.

Grant: Transfer of trust funds for purposes of financing the development of affordable housing, on the condition that grantee remains in full compliance with the Regulatory Agreement. Unlike a loan, the grant only becomes due and payable in the event that grantee is in default of the Regulatory Agreement.

HED: Housing and Economic Development Department, City of Santa Monica. This Department will administer the Program for the City under the direction of the City Manager/Executive Director.

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Nonprofit Housing Development Corporation (HDC): A private, nonprofit corporation with proven capacity to develop, own and operate housing, and which has a valid 501(c)(3) or (4) designation from the IRS.

Limited Equity Cooperative: A form of ownership whereby the residents form a cooperative corporation which owns and manages the property, and where the return on residents' original equity is limited to no more than 10%, as defined in the California Health and Safety Code, Section 33007.5.

Loan: Advance of trust funds for purposes of developing affordable housing with promise to repay.

Qualified Developer: A non-profit corporation with proven capacity to develop, own and operate housing which has a 501(C) (3) or (4) designation from the I.R.S.

Low and Moderate Income Households:

For Home Trust Fund, CDBG Housing Trust Fund and TORCA Housing Trust Fund: Households with incomes that do not exceed 80% of Los Angeles County median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.

For Citywide Housing Trust Fund: Households with incomes that do not exceed 60% of the Los Angeles County median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time are considered low income. Within this group of households, those with incomes that do not exceed 50% of the median are considered very low income.

For Low-Moderate Income Housing Asset Trust Fund: Households with incomes that do not exceed 120% of the Los Angeles County median income, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) from time to time.

Maximum Affordable Rent: A rent which does not exceed thirty percent (30%) of the maximum income level of the income group being served (see "Low and Moderate Income Households"), adjusted for unit size and utility costs.

For Low-Moderate Income Housing Asset Trust Fund: the Maximum Affordable Rent for households with incomes that do not exceed 120% of median income for Los Angeles County shall be 30% of 110% of such median income.

Maximum Allowable Rent: The legal rent for the unit under Santa Monica Rent Control Charter Amendment, with allowable adjustments by the Rent Control Board for annual expense increases or for capital improvements.

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New Construction: The construction of new housing including, but not limited to assembly of factory-built modular housing, or conventional on-site construction.

Operating Reserve Account: An account established for the purpose of funding a deficit in the project’s operation.

Rehabilitation: Correction of local code violations and removal of health and safety hazards; upgrading of housing units to decent, safe and sanitary conditions to comply with the Housing Quality Standards promulgated by HUD and with local standards; repair or replacement of major building systems or components in danger of failure; and alterations, additions and improvements to expand the number of affordable units, or needed to improve the basic livability, energy efficiency, accessibility for the disabled, or security of the property, and to reduce overcrowding.

Rehabilitation Basis: Owner’s basis for rehabilitation costs incurred for the property, as determined by Standard Accounting Procedures, not including developer fees.

Replacement Reserve Account: An account established for the purpose of funding major repairs or replacement of capital components of a building which reach the end of their economic life and require replacement.

Residual Receipts: The gross receipts from the property, less actual costs of operation, administration, maintenance, taxes, insurance, utilities, management, approved replacement and operating reserves, payments of principal and interest on loans senior to the City loan, and required debt service coverage. The amount of Residual Receipts shall be calculated based on the actual income and expenses set forth in the Annual Operating Budget required under the Regulatory Agreement or recorded Covenants, as approved by the City.

Single Room Occupancy Housing: Multifamily residential buildings containing housing units with a minimum floor area of one hundred fifty square feet and a maximum floor area of three hundred seventy-five square feet which may have kitchen and/or bathroom facilities, and where each housing unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.

Transitional Housing: A type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. Typically, transitional housing is housing in which homeless people live for up to 24 months and receive supportive services that enable them to live more independently. The supportive services may be provided by the organization managing the housing or coordinated by them and provided by other public or private social service agencies.

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Packet Pg. 466 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds)

EXHIBIT B

HOME PROGRAM SUBSIDY LIMITS

UNIT SIZE SUBSIDY LIMIT
0 Bedroom $141,088
One Bedroom $161,738
Two Bedroom $196,672
Three Bedroom $254,431
Four Bedroom or larger $279,285
Limits are for 2017

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EXHIBIT C
Housing Trust Fund Loan Application
(includes Checklist)

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Housing and Economic Development Department
Housing Division
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18.docx
Rental Housing Loan Application Page 1
Santa Monica Housing Division
Rental Housing Loan Application
Loan Request: $ _____________________ Term (in years): ___________ Purpose of Loan (Circle one):

Acquisition & Rehabilitation New Construction Rehabilitation Proposed City Funding Source (Circle one):

Predevelopment Construction Permanent Interim/Bridge
Applicant
Name of Organization ________________________________________________________ Street Address ________________________________________________________________ City, State & Zip Code ________________________________________________________ Contact/Title _________________________________________________________________ Phone/Fax ___________________________________________________________________ Legal Status of Applicant (Circle one): nonprofit corporation for-profit corporation general partnership limited partnership individual joint venture other Names and Addresses of Principals (if firm, not individual) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

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Housing and Economic Development Department
Housing Division
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Rental Housing Loan Application Page 2
Santa Monica Housing Division
____________________________________________________________________________

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Rental Housing Loan Application Page 3
Santa Monica Housing Division
Proposed Project
Name of Project ________________________________________________________________ Street Address __________________________________________________________________ City, State & Zip Code __________________________________________________________ Total Number of Units ___________________________________________________________ Description of Proposed Project
Please provide a brief description of the proposed physical project, including proposed (or current if an existing property) resident income levels, number and size of units, special amenities, on-site services, etc.

Description should be at least several paragraphs in length.

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Rental Housing Loan Application Page 4
Santa Monica Housing Division
(Please circle the appropriate categories)
Building Type
Row Detached Semi-Detached Walk-up Elevator Mixed-Use
Foundation Type
Full Basement Partial Basement Crawl Space Slab/Grade
Parking Type
Subterranean Semi-Subterranean Tuck-under On-Grade
Existing Proposed
Stories:

Units:

Buildings:

Parking Spaces:

Gross Building Sq/Footage
(excluding parking):

Parking Square Footage:

Residential Area:

Commercial Area:

Year Built: __________
Units Demolished: __________
Amenities
Pool Laundry Other: __________________________
Type of Social Services, if any __________________________________________________ Accessory Buildings(i.e. Rec Halls, Garage or Shed Structures, etc.):

No., type, size ________________________________________________________________

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Rental Housing Loan Application Page 5
Santa Monica Housing Division
Unit Mix Existing Proposed Sq/Ft
Rents
Existing Proposed
studio
one bedroom
two bedrooms
three bedrooms
four bedrooms
Total
Site information
Lot Size: Sq. Ft.

Lot Dimensions: X Ft.

Zoning:

Variances/conditional use permits/
other planning approvals required?
Is the project located in the Coastal Zone?
Equipment and Services to be included in Rent
Ranges (gas/electric) Refrigerator (gas/elec) Air Conditioner Kitchen Exhaust Fan Dishwasher Garbage Disposal
Laundry Facility Drapes Carpet
Gas Heat Hot Water
Water Electricity Other:

Do you have a Rent Control Removal Permit? Yes No
If yes, please provide the permit number and date of issue ___________________________

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Rental Housing Loan Application Page 6
Santa Monica Housing Division
Financing
Will this project seek to utilize low income housing tax credits? Yes No If yes, estimated federal credits ___________ 9% ____________ 4% ____________ estimated State credits ___________
Will the project seek to utilize tax exempt financing? Yes No If yes, proposed issuer and form of credit enhancement ______________________________ ____________________________________________________________________________________ Development Team
Name Contact/Title Phone/Facsimile Address
Developer
Architect
Consultant
Attorney
General Contractor
Construction Manager
Relocation Consultant
Other

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Rental Housing Loan Application Page 7
Santa Monica Housing Division
Certification Statement
Please provide the following information. Leave no blanks. If not applicable, type N/A. (Please attach additional sheets, if necessary).

1. Applicant's Name:

2. List any additional names or aliases, exercise of power of attorney and/or fiduciary trust capacities that you are currently using or have used in the past. If any, please explain.

3. List all partnerships, corporations, joint ventures, and/or limited partnership entities, (including applicant, if applicable), which you are currently or have been associated with, and designate whether you are/were a principal and list your title and responsibilities, the purpose of the organization and its current status. 3a. Have any of the entities listed above been either suspended, revoked, lapsed and/or terminated for any reason? If so, please explain. 3b. Has the applicant or its partners or principals filed for bankruptcy? If so, please state the case number and whether the case was dismissed, discharged or is current. 3c. Has the applicant or its partners or principals defaulted on a financial obligation? If so, please explain.
3d. Is there, or has there ever been, a settlement and/or judgement filed or a case pending against the applicant or its partners or principals? If so, please explain. 3e. Has a lien ever been filed against real property owned by the applicant or its partners or principals listed above as a result of a judgment, etc.? If so, please explain.

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Rental Housing Loan Application Page 8
Santa Monica Housing Division

4. Has the applicant or its partners or principals ever been convicted of a felony or misdemeanor other than minor traffic violations and/or placed on probation, fined or given a suspended sentence in court? If so, please explain.

5. Has the applicant or its partners or principals ever been cited and/or convicted of a misdemeanor, including but not limited to a conviction under local health, fire, environmental and/or building and safety laws, relating to the ownership and/or management of real property? If so, please explain.

6. Does the applicant have any employees or relatives who have close associations with current or former employees of the Santa Monica City Council, City Manager’s Office, or the Housing and Economic Development Department? If so, please explain.

7. Are any current or former employees of the Santa Monica Housing Division currently employed by the applicant? Any relatives of any Housing Division employees? If so, please state the individual=s name and dates of employment.

8. Are there any Housing Division current or former employees that have a financial interest in this project? If so, state name, dates of employment and interest.

9. List all residential income properties which are owned by the applicant or its partners or in which principals have a vested interest.

10. Does the applicant or its partners or principals have any income and/or real property taxes or assessments that are past due? If so, please explain.

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Rental Housing Loan Application Page 9
Santa Monica Housing Division
PRIVACY NOTIFICATION. The information requested above is to be used by the Santa Monica Housing Division to assess the applicants creditworthiness. Information provided that is contained in public records cannot be withheld from disclosure under the California Public Records Act, Government Code, Sections 6250 and 6254. All other information may be required to be disclosed outside the agency by state and/or federal law.

Furnishing all information requested on this form is mandatory. Failure to provide such information may result in disqualification or a withdrawal of Housing Division’s commitment.

CRIMINAL PENALTIES. Any person who shall knowingly make or cause to be made, either directly or indirectly, any false statement in writing, with the intent that it shall be relied upon, for the purpose of procuring the loan secured by real property shall be guilty of a criminal offense, punishable by a fine not exceeding ten thousand dollars ($10,000.00) or by imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment. (California Penal code sections 532(a) and 532)).

CONTINUING OBLIGATION. I understand that I have a continuing obligation to provide the Housing Division with current and accurate information. Applicant must provide to Housing Division all requested information with an Applicant’s Certification Statement for any individual or entity that Housing Division in its sole discretion believes is necessary to evaluate the application (reasonably related to the applicant).

I, the undersigned, certify that the information provided to the City of Santa Monica, Housing Division, is true and correct as of the date set forth opposite my signature on this application package and acknowledge that any false or misleading statements of the information contained may result in civil liability and liability for monetary damages to the lender, its agents, successors, and assigns, insurers and any other person who may suffer any loss due to reliance upon any false or misleading statements which I have made on this Certification Statement.
_____________________________ ____________________________________________ Date Applicant’s Name
____________________________________________
Certified By (Print Name)
____________________________________________
Signature
____________________________________________
Title
____________________________________________
Federal Tax ID#

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Rental Housing Loan Application - Special Supplement Page 1 Santa Monica Housing Division
Special Supplement for Environmental Review
In addition to the following information, please attach 1 copy each of application exhibits (1c) Construction and Design Description and (1e) current photos of site, and Assessor Parcel Map(s) with parcels indicated. These materials will be forwarded separately to the parties responsible for environmental review.

Applicant: ____________________________________________________________________ Project Address: ______________________________________________________________ Site information
Assessor’s Parcel #(s):

Lot Size: Sq. Ft.

Lot Dimensions: X Ft.

Zoning:

Uses on adjacent sites:

Variances/conditional use permits/
other planning approvals required?
Is the project located in the Coastal Zone?
Present Property Use:

Prior Property Use:

Number of: Existing Proposed
Stories:

Units:

Buildings:

Parking Spaces:

Gross Building Square Footage
(excluding parking):

Parking Square Footage:

Year Built:

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Rental Housing Loan Application - Special Supplement Page 2 Santa Monica Housing Division
Units Demolished:

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Rental Housing Loan Application - Special Supplement Page 3 Santa Monica Housing Division
Special Supplement for Environmental Review
Part II. Questions

1. Please describe adjacent uses and neighborhood characteristics.

2. Is the property designated or determined eligible for historic register designation at the local, state or national level? Has it been determined ineligible?

3. Please identify the source of information used to determine the exact or approximate year of building construction.

4. Will financing for this project include the Historic Rehabilitation Tax Credit?

5. Provide the name and address of any person who has commented or may wish to comment on this project.

6. Provide the names and telephone numbers of the project applicant, project monitor, and project architect and/or contractor.

7. Please provide a copy of a building permit for each building, if applicable.

8. Are there any other environmental studies available for the site (i.e.

Archaeological, Hazardous Materials, Phase I or II)?

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Santa Monica Housing Division Page 1
Attachment A Tenant Profile
Please list characteristics of resident households and identify where each household falls on the income spectrum.

Unit Number Name of Tenant # of persons
in household
actual income,
if known
Income*
Low Moderate Above Moderate

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Santa Monica Housing Division Page 2
Unit Number Name of Tenant # of persons
in household
actual income,
if known
Income*
Low Moderate Above Moderate
Totals
Percent of Units Low Income ____________________
Percent of Units Moderate Income ________________
Percent of Units Above Moderate Income __________
*See attached chart for maximum income by household size for each income category.

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Packet Pg. 482 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) Checklist
Rental Housing Loan Application
Santa Monica Housing Division

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Rental Housing Loan Application Checklist
S t M i H i Di i i
_______ # Application
_______ # Attachment A - Tenant Profile
_______ # Special Supplement for Environmental Review
_______ # Site and Project Information
Survey of site, if available
Legal Description of the Property
Construction and Design Description
For Acquisition or Rehabilitation Projects - Property Inspection Report and/or Detailed Work Write-Up on a unit by unit basis
Schematic designs, if available
Current Photos of Site
Evidence of Site Control
Preliminary Title Report
Appraisal, if available
Current Rent Roll for existing tenants of acquisition and rehabilitation projects, and estoppel certificates when available
Verification of Zoning, if available
Phase I Environmental Report and any other Environmental Reports (e.g. lead and asbestos assessments)
Termite Report
Construction Cost Estimate
Proposed Project Timetable

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Rental Housing Loan Application
Santa Monica Housing Division

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Rental Housing Loan Application Checklist
S t M i H i Di i i
Analysis of replacement reserve requirements, showing remaining economic life and projected replacement cost for building systems

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Rental Housing Loan Application Checklist
S t M i H i Di i i
# Financial Feasibility Project development and operating pro formas in format shown. A diskette with these forms prepared using Excel software is available from the City for your use. Notes and assumptions explaining the basis of all projected costs development and operating costs must be provided. Required exhibits include:
_____ Project Summary
_____ Exhibit 1, Development Costs
_____ Exhibit 2, Rent Schedule
_____ Exhibit 3, Operating Expenses
_____ Exhibit 4, 30 Year Cash Flow Analysis
_____ Exhibit 5, Financing
_____ Exhibit 6, Tax Credit Analysis (where applicable) _____ Exhibit 7, Bond Fees Worksheet (where applicable) _____ Exhibit 8, Sources and Uses Through Construction (when available) # Organizational Documents
Project Team Resumes
Resumes of Principals of sponsor
For nonprofit developers,
List of Board of Directors and Organizational Chart
501(c)(3) exemption determination letter from the IRS
By-Laws, Articles of Incorporation, Partnership Agreements Current Financial Statements (Audited statements should be no more than 1 year old. Unaudited statements should be no more than 6 months old.) Ownership Plan, if applicant will not be owner.

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Rental Housing Loan Application Checklist
S t M i H i Di i i
# Financing
Evidence of other Financing Approvals, Summary of Terms and Status, Contact Persons and phone numbers.

Ground Lease, if applicable
Loan Documents for Existing or Proposed Subordinate Financing, if available Tax credit reservation, if available
# Property Management
Resume of Firm
Management Plan, if available
# Tenant Information
Tenant Profile, existing if available and proposed, showing number of persons in each household and income level.

Relocation Plan, if applicable
# Tax Credit Projects Only
Evidence of Tax Credit Allocation, if available
Commitment of Tax Credit Investor, if available
Partnership Agreement, if available

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EXHIBIT D
Green Affordable Housing Checklist

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Packet Pg. 487 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) 6 GREEN AFFORDABLE HOUSING CHECKLIST
Purpose and Use of the Green Affordable Housing Checklist The City of Santa Monica Housing Division strongly encourages the use of environmentally sensitive ("green") building materials and systems in affordable housing developments.

This checklist is intended to encourage developers to consider green building methods and practices in the earliest stages of project planning. On the checklist are a number of recommended green practices, including practices related to energy efficiency; landscaping; framing and carpentry; indoor air quality; and other building systems and materials. Keeping in mind the intended scope of each project, budgetary constraints, availability of materials, and other factors, our goal is that as many of these practices as possible be incorporated into each project.

It should be noted that many green building systems and materials are evolving and becoming increasingly available. Therefore, this checklist is a living document, to be updated as technology and construction practices change.

Costs
Some of these practices involve no additional costs. Others may involve marginally or significantly higher initial costs. Please do not dismiss some items just because they may cost more, as the City may be willing to fund the increased cost in the interest of promoting a healthy environment.

Contractor Bid Packages
If you do not have, or cannot obtain, current costs for certain items on the checklist, please include these as alternatives as part of the contractor bid package in order to determine the cost.

Completing the Checklist
Please complete this checklist to show which green building practices will be included in the project. If you do not intend to include certain practices, or if the practice is not applicable to the project, please provide an explanation on the checklist. Also, please indicate which items will be included as alternatives in the contractor bid package. To facilitate completion of the checklist, the City’s Project Analyst is available to assist you.

5.G.b
Packet Pg. 488 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
7 Energy Efficiency
Energy
Efficient
Lighting
SM GBD&CG-ES2
Energy efficient exterior
lighting, such as high-pressure
sodium. Should be
appropriately sized for the
location.

Interior fluorescent bulbs and
(where practical and
appropriate) fixtures produce
light quantity and quality that
is comparable to
incandescents, while
expending less energy.

Energy efficient lighting reduces
energy consumption and lowers
utility bills. One compact
florescent bulb will pay itself
back over ten times over the
course of its life through reduced
energy use.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Resource Efficient Appliances
SM GBD&CG-WS1
Refrigerators, water heaters,
stoves, dishwashers, and
washing machines that are
designed to use less energy and
water. Most efficient
appliances qualify for Energy
Star designation.

Appliances, particularly
refrigerators and water heaters,
are some of the major sources of
residential energy use. Reducing
energy and water use lowers
utility bills while benefiting the
environment.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 489 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
8 Combined Hydronic Heating
SM GBD&CG-HS8
This system uses hot water
from the water heater for space
heating. Applicable for new
construction and major rehab
only.

Using the water heater for two
purposes uses energy more
efficiently.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Landscaping
Low-Water Landscape
Designs
SM GBD&CG-LA3
See Zoning Ordinance
Section 9.04.010.04.110
Water Conservation
Landscaping
Low-water landscape designs,
such as xeriscape, reduce water
use by emphasizing native
and/or drought tolerant plants,
elimination of turf areas, and
minimizing maintenance.

Low-water designs reduce water
and maintenance bills and
impacts on local water supply
infrastructure.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 490 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
9 Water-Efficient Irrigation
SM GBD&CG-LAb
Water efficient systems, such
as drip irrigation, place the
correct amount of water
directly at the base of each
plant thus reducing water use
and waste from overwatering.

Water efficient systems help plant
growth and overall health by
eliminating over watering or
excessive drying. They also
lower water bills and reduce
impacts on water supply
infrastructure.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Engineered Lumber and Wood Alternatives
Oriented Strand Board (OSB)
SM GBD&CG-MA3
OSB is an alternative to
plywood for sheathing,
flooring, and roofing.

Plywood requires the use of
large-size, typically old growth
trees. OSB is made from small
pieces of wood, thus eliminating
or reducing impacts to forests.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Wood I-Beam
SM GBD&CG-MA3
Wood I-Beams are an
alternative to 2x6s or 2x8s
used for floor and roof joists.

Wood I-Beams are engineered to
use less wood to perform the
same function and are often
straighter, thus minimizing wood
waste.

If included, please describe how the item will be used in the project.

5.G.b
Packet Pg. 491 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
10 If not included, please describe why.

Laminated Wood Fiber Products
SM GBD&CG-MA3
Gluelam, parlam, microlam,
etc. are alternatives to large
dimension lumber for trusses,
beams, and headers.

Laminate products provide the
same strength while eliminating
the need to use large-dimension
lumber from old-growth sources.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Certified Wood
SM GBD&CG-MA6
Certified wood is used like
conventional lumber for
framing, etc. Based on 2001
availability, may be
appropriate for new
construction and major rehab
projects only.

Wood certified by the Forest
Stewardship Council has been
monitored from the forest to the
local supplier to ensure that the
wood is harvested, milled, and
delivered under environmentally,
and socially responsible
conditions.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 492 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
11 Plastic Lumber
SM GBD&CG-Mab
SM GBD&CG-LA7
Plastic lumber is made from
recycled plastic products.

It can be used as an alternative
to wood in non-structural
applications such as decking
and fencing, depending on
field conditions.

Plastic lumber is highly durable
and is not susceptible to rot or
termite damage. It is also an
excellent use of recycled plastics.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Fiber-Cement Siding
SM GBD&CG-Mab
SM GBD&CG-MA4
Fiber cement siding can be
used as an alternative to
redwood or other types of
siding.

Fiber cement siding is not
susceptible to rot or termites and
is fire resistant.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 493 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
12 Indoor Air Quality
No-VOC (volatile organic
compound) Paint
SM GBD&CG-MA7
No-VOC paint is used exactly
like conventional paint.

Current no-VOC paints are
suitable for indoor use only,
subject to ongoing
maintenance viability.

No-VOC paint does not emit
odors related to VOCs. Organic
chemicals are widely used as
ingredients in household products
like paint, adhesives, cleaning
supplies, etc. VOCs can cause
eye, nose, and throat irritation,
loss of coordination, and
potentially damage the liver and
central nervous system. Outside,
VOCs can bond with other
pollutants and create ground-level
ozone.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Carbon Monoxide Detector Carbon monoxide detectors
monitor the level of this gas in
individual dwelling units.

Carbon monoxide is a common
indoor air pollutant created by the
combustion of natural gas from
stoves and heaters and is harmful
to human health.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 494 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
13 Seal Exposed Particle Board
SM GBD&CG-MA7
Particleboard typically
includes formaldehyde.

Sealing with a flat, latex-based
primer or other suitable
material can prevent the off
gassing of formaldehyde.

EPA ranks formaldehyde as a
probable human carcinogen.

Exposure to formaldehyde can
cause eye, nose and throat
irritation, skin rashes, headaches,
nosebleeds, and nausea.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Formaldehyde-Free Cabinets and
Counters
SM GBD&CG-MA7
Particleboard or medium
density fiberboard (MDF) in
cabinets and counters can be
substituted with formaldehydefree MDF alternatives or
products such as strawboard
and wheatboard made from
agricultural waste.

Cabinets and counters are
typically made of particleboard
that uses formaldehyde as the
binding agent. Minimizing or
eliminating formaldehyde-based
materials has a positive impact on
indoor air quality.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Building Materials

5.G.b
Packet Pg. 495 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
14 Ceramic Tile
SM GBD&CG-MA4
Ceramic tile can be used in
kitchen and bathroom and counter
tops. May be applicable to new
construction and major rehab
only.

Ceramic tile is long lasting and
does not off gas.

If included, please describe how the item will be used in the project.

If not included, please describe why.

Linoleum Flooring
SM GBD&CG-MA4
Linoleum flooring is made of
natural, renewable substances
such as amber, chalk, cork, and
jute. It can be used as an
alternative to sheet vinyl, vinyl
composite tiles, or carpet.

Most flooring products such as
sheet vinyl and carpet off gas
volatile organic compounds
(VOCs) and are made from nonrenewable petroleum-based
products. In contrast, linoleum
minimizes off gassing and is
made from renewable substances.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 496 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
15 Recycled Content Insulation
SM GBD&CG-MAb
Both fiberglass and blown
cellulose insulation have recycled
content. Fiberglass products are
used identically to standard
products. Blown cellulose (made
of recycled newsprint) requires a
special installer.

Recycled-content products
support Statewide solid waste
diversion goals. Cellulose
insulation provides a tighter
enclosure than fiberglass.

If included, please describe how the item will be used in the project.

If not included, please describe why.

5.G.b
Packet Pg. 497 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
16 Green Affordable Housing Bid Checklist
This checklist is to be completed upon conclusion of the bidding process. This information will be used to determine how any remaining project contingencies will be allocated.

Please list below those items that were identified in the Green Affordable Housing Checklist for inclusion in the bid package along with the bid price and the price for the comparable conventional item.

City of Santa Monica Housing Division - Green Affordable Housing Bid Checklist - Green Item Bid Cost Standard Item Bid Cost

5.G.b
Packet Pg. 498 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
- Green Affordable Housing Checklist -
Item and Santa Monica Green
Building Design and
Construction Guideline
(SMGBD&CG) reference Description Benefit
Included in Project
Yes No Not Sure--Will
Include in Bid
Package to
Determine Cost
N/A
17 5.G.b
Packet Pg. 499 Attachment: Housing Trust Fund Guidelines (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
Housing Trust Fund Plan
(effective through 2021)
1 On July 24, 2018, the Santa Monica City Council approved the following initial Housing Trust Fund Plan (Plan) effective concurrently with the 2013-2021 Housing Element cycle:

1. The City should endeavor to enter into Housing Trust Fund (HTF) spending commitments for affordable housing production and preservation totaling at least $15 million to $18 million during each fiscal year. The City should endeavor to further increase HTF spending commitments when there are opportunities to maximize the use of HTF resources by leveraging non-City funding (such as tax credits), implementing construction technologies to achieve significant cost savings, or developing affordable housing on City-owned land. In evaluating the cost efficiency of prospective HTF investments, the City should consider the number of bedrooms produced (i.e., number of people served) in addition to the number of residences produced.

2. A priority goal of the Plan is to ramp up the Preserving Our Diversity (“POD”) local rent subsidy program to a range that requires a commitment of no more than $2 million per fiscal year in HTF funds. No actual expansion of the POD program will occur unless and until a detailed plan for doing so is proposed by City staff, vetted by the Housing Commission, and approved by the City Council. Any portion of the potential $2 million in annual HTF funding that is not actually used for the POD program in any particular fiscal year shall remain available for commitment in future fiscal years to other Plan priorities.

3. A priority goal of the Plan is to provide permanent housing in Santa Monica for those among the population of homeless persons that the City Council determines the City should take responsibility to permanently house in the City. This should include “Santa Monicans” who are homeless. Subject to further refinement, this group is deemed to include those persons on the Santa Monica Homeless Registry as of the

5.G.c
Packet Pg. 500 Attachment: Housing Trust Fund Plan (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
Housing Trust Fund Plan
(effective through 2021)
2 date the Plan is adopted who are not already in permanent housing. The City should look to leverage as much as possible federal funds, State funds, County funds, other City funds, or private funds, to accomplish this goal.

4. The remainder of the HTF funds spent each fiscal year should be used to create new affordable housing units for seniors, for physically and mentally challenged persons, for large families, and for small families (including individuals). Unless one or more unusually advantageous opportunities dictate a different result, a goal of the Plan is to provide roughly equal HTF funding support for affordable housing targeted to each of these four populations over the life of the Plan. The equal funding support determination shall take into account HTF funding committed during the entire lifetime of the 2013-2021 Housing Element, even if it occurred prior to the adoption of the Plan.

The equal funding support determination also shall take into account HTF funding committed to the POD program (which is for senior housing) and to permanently housing Santa Monicans who are homeless (who may be members of any of the four populations).

5. The City’s existing affordable housing programs generally provide the highest preference to persons displaced without fault from their existing homes in Santa Monica, and provide the next highest preference to persons who either already live in Santa Monica or who work full-time in Santa Monica. The two goals of the Plan identified in paragraphs #2 and #3 above, however, only serve persons who already live in Santa Monica. The City recognizes that the daily efforts of low income workers are particularly critical to the businesses (including hotels, restaurants, and retail stores) that generate the sales and use taxes supporting the HTF through Measures GS and GSH, as well as the sales and use taxes and transit occupancy taxes that fund a substantial portion of the City’s budget. City staff therefore is directed to develop, in

5.G.c
Packet Pg. 501 Attachment: Housing Trust Fund Plan (5689 : Resolution for Local Housing Trust Funds) City of Santa Monica Housing Division
Housing Trust Fund Plan
(effective through 2021)
3 consultation with the Housing Commission, a proposal to increase—to the extent it is necessary and feasible to do so in order to maintain an overall equal preference for affordable housing opportunities in the City—the preference in other HTF funded projects for low-income Santa Monica workers.

6. City staff is directed to develop as soon as possible, in consultation with the Planning and Housing Commissions, a proposal to adjust the AHPP program that applies outside of the Downtown Community Plan. The proposal shall be based on a feasibility study, and shall take into account past and projected future production of housing through inclusionary zoning and HTF funded projects, as well as the quantified objectives in the Housing Element and the requirements of Proposition R.

5.G.c
Packet Pg. 502 Attachment: Housing Trust Fund Plan (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
May 9, 2023
ITEM.5.G
May 9, 2023

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Packet Pg. 503 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
May 9, 2023
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Packet Pg. 504 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 505 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 506 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 507 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 508 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 509 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 510 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 511 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 512 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 513 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 514 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 515 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
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Packet Pg. 516 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) ITEM.5.G
May 9, 2023
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May 9, 2023

5.G.d
Packet Pg. 517 Attachment: ITEM.5.G.Written Comments (5689 : Resolution for Local Housing Trust Funds) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.H
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Community Engagement & Customer Experience
Subject: Adoption of a Resolution Revising Policy Governing Advertisements Displayed on the Exterior of City Buses to Comply With Legal Requirements 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. Adopt a Resolution revising the policy governing advertisements displayed on the exterior of City buses to comply with legal requirements.

Summary
In 2016, the City Council adopted advertising guidelines for Big Blue Bus (BBB), a division of the Santa Monica Department of Transportation (DoT), consistent with federal case law on the issue. As more challenges on the legality of bus advertising continue to take place in the courts in a variety of different areas, staff recommends updating the existing guidelines to reflect those changes.

Background
DoT sells advertising space on the exterior panels of its buses to generate revenue to support BBB transit operations. Currently, 91% of the ads are for movies and television programs or for services including legal, education, hospitality, and healthcare. The income from bus advertising is approximately $3 million annually.

5.H
Packet Pg. 518
2 of 4
DoT’s advertising guidelines are utilized by staff to ensure that advertisements on bus exteriors do not conflict with its mission of providing safe and efficient public transportation. A copy of the existing guidelines is included (Attachment A). The guidelines constitute an advertising policy intended to meet DoT goals, which include but are not limited to maximizing ridership; preventing harm or abuse to passengers and buses; maximizing revenue; maintaining governmental neutrality and avoiding actual or perceived discrimination; and preserving the marketability of advertising space.

Discussion
In 2016, the City Council approved a set of bus advertising guidelines to be consistent with newly developed case law on the issue. The guidelines addressed the following issues: political campaign speech; adult-related products and services, alcohol, firearms, and tobacco, smoking, smoking materials, including electronic smoking or "vaping"; sexual or excretory subject matter; false, misleading, or deceptive; copyright, trademark, or otherwise unlawful; illegal activity; profanity or violence; demeaning or disparaging; harmful or disruptive to transit system; lights, noise and special effects; and unsafe behavior while riding public transit.

Since 2016, courts have provided further relevant case law requiring an update to the guidelines to stay in compliance. While many of the new guidelines (Attachment B) remain the same, there are new issues to be addressed. First, the current guidelines reference American Freedom Defense Initiative v. King County, 796 F.3d 1165 (9th Cir. 2015) which is no longer applicable as newer case law has eliminated the impact of this ruling. The new guidelines also remove the prohibition on “demeaning or disparaging” advertisements, which Courts have deemed unconstitutional because it is not viewpoint neutral. The new guidelines provide more detail on each of the conditions. Courts have allowed discretion on workable standards so additional background information has been added to help City staff and the public better understand advertisement eligibility.

Finally, the new guidelines require disclaimer language on advertisements, indicating the views of the advertiser do not necessarily reflect the views of the City.

5.H
Packet Pg. 519
3 of 4
The newly revised guidelines do not change the City’s position on advertisements on political issues. The 2016 guidelines prohibited political campaign speech, but otherwise allowed political issue advertisements, and the revised guidelines maintain that status quo. Courts have held that a policy of prohibiting political issue advertisements is generally unconstitutional because such policies place City staff in a position of making viewpoint-based decisions on expression, in violation of the First Amendment.

Adopting the attached resolution (Attachment C) will delegate authority to the Department of Transportation to administratively update guidelines in the future, to promptly address future changes in the law that may affect the guidelines.

Past Council Actions
Meeting Date Description
2/9/2016 (Attachment D) Big Blue Bus Advertising Policy Environmental Review
The revised guidelines are 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.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.

5.H
Packet Pg. 520
4 of 4
Prepared By: David Feinberg, Transit Government Relations Officer Approved Forwarded to Council
Attachments:

A. Attachment A: Current Big Blue Bus Advertising Guidelines B. Attachment B: Proposed Big Blue Bus Advertising Policy C. Attachment C: Proposed Bus Advertising Guidelines Resolution D. Attachment D: Big Blue Bus Advertising Policy 2016 (Web Link)

5.H
Packet Pg. 521

ATTACHMENT A

BIG BLUE BUS ADVERTISING GUIDELINES
The City may change these advertising guidelines at any time and without notice to Advertiser. Advertiser may contact the Transit Community Relations Officer to obtain the current advertising guidelines.

The Transit Community Relations Officer only licenses advertising space for commercial advertisements. A commercial advertisement has as its primary purpose the promotion of a product for sale or a service for hire by the public generally.

The Transit Community Relations Officer cannot license advertising space for any prohibited advertisements. An advertisement is prohibited if it meets one or more of the following criteria:

1. Causes the vehicle, if posted individually or in combination with other advertisements, to become a public forum for the dissemination, debate, or discussion of any such issues;

2. Is not a commercial advertisement;

3. Contains false, misleading or deceptive information;

4. Contains material that is explicitly sexual, obscene, or harmful to minors as those terms as defined in California Penal Code section 311;

5. Advocates, promotes or incites violence or illegal activity;

6. Ridicules, derides, embarrasses, or defames any individual, group of individuals, or entity;

7. Contains language that presents a clear and present danger of causing any riot, disorder, or other imminent threat to public safety, peace or order;

8. Contains any direct or indirect promotion of the sale or use of alcoholic beverages, tobacco or firearms;

9. Interferes with safe and efficient provision of public transportation service; or violates any copyright or other intellectual property rights.

5.H.a
Packet Pg. 522 Attachment: Attachment A: Current Big Blue Bus Advertising Guidelines (5693 : Big Blue Bus Advertising Guidelines Update)

CITY OF SANTA MONICA

BIG BLUE BUS POLICY FOR ADVERTISEMENTS ON BUS EXTERIORS This bus advertising policy is intended to maximize bus ridership, maintain governmental neutrality, avoid actual or perceived discrimination in advertising, respect First Amendment rights, avert harm or abuse to bus riders and buses and to the City’s transit system, maximize advertising revenues, and preserve marketability of advertising space on City bus exteriors.

To achieve these purposes, the City allows all types of exterior bus advertising, without regard to content and viewpoint, except advertising that contain material falling within one or more of the following categories:

1. Political campaign speech. Ads that promote or oppose the election of any candidate or group of candidates for federal, state, or local government office, or any legislation, initiative, referendum or ballot measure.

2. Adult related products and services, such as alcohol, firearms, and tobacco, smoking, smoking materials, including electronic smoking or “vaping.”

3. Sexual or excretory subject matter, and/or Harmful Matter as defined by the California Penal Code Sections 311 or 313.

4. False, misleading or deceptive material. Any material that is, or the sponsor reasonably should have known is, false, fraudulent, misleading, deceptive, or would constitute a tort of defamation or invasion of privacy.

5. Material that infringes on any copyright, trade or service mark, title, or slogan.

6. Illegal Activity. Material that promotes or encourages unlawful or illegal behavior or activities under local, state, or federal laws.

7. Profanity or violence. Advertising that contains any profane language, or portrays images or descriptions of graphic violence, including dead, mutilated or disfigured human beings or animals, or intentional infliction of pain or violent action towards or upon a person or animal, or that depicts weapons or devices that appear to be aimed or pointed at the viewer or observer in a menacing manner.

8. Material harmful or disruptive to the transit system. Material so objectionable under contemporary community standards as to be reasonably foreseeable to result in harm to, disruption of, or interference with the transit system.

9. Lights, noise, and special effects, including but not limited to rotating, revolving, or other movable parts, mirrors, flashing devices, or anything that may interfere

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Packet Pg. 523 Attachment: Attachment B: Proposed Big Blue Bus Advertising Policy (5693 : Big Blue Bus Advertising Guidelines Update) with the safe operation of the bus or the safety of bus riders, pedestrians, drivers of other vehicles, or the public at large.

10. Material depicting unsafe transit behavior, such as non-use of normal safety precautions in awaiting, boarding, riding upon or debarking from the bus.

11. Material that conflicts with any applicable federal, state, or local law, statute, or ordinance.

The City’s acceptance of an advertisement does not constitute express or implied endorsement of the content of the message of the advertisement, including any person, organization, products, services, information or viewpoints contained therein, including content that may be found via internet address or quick response (QR) codes that may appear in posted ads that direct viewers to external sources of information. All third-party advertisements appearing on City transit property must contain the following disclaimer, appearing in a consistent form and manner:

The views and/or opinions expressed by the advertiser are not necessarily those of the City of Santa Monica.

Rev. 3/2/2023

5.H.b
Packet Pg. 524 Attachment: Attachment B: Proposed Big Blue Bus Advertising Policy (5693 : Big Blue Bus Advertising Guidelines Update) City Council Meeting, May 9, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA ADOPTING UPDATED BIG BLUE BUS

ADVERTISING GUIDELINES
WHEREAS, the current Big Blue Bus guidelines were adopted by Council February 9, 2016; and
WHEREAS, due to recent changes in the law, the Department of Transportation and the City Attorney’s Office recommends updating the guidelines; and WHEREAS, the Department of Transportation recommends the Council delegate authority to the City Manager to make future changes to the guidelines, through the Department of Transportation.

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

SECTION 1. The Council hereby adopts the guidelines attached hereto as Exhibit A.

SECTION 2. The Council hereby delegates authority to the City Manager, through the Department of Transportation, to update the guidelines from time to time as necessary.
///

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Packet Pg. 525 Attachment: Attachment C: Proposed Bus Advertising Guidelines Resolution [Revision 1] (5693 : Big Blue Bus Advertising Guidelines Update) SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
DOUGLAS T. SLOAN
City Attorney
Exhibit A: Guidelines

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Packet Pg. 526 Attachment: Attachment C: Proposed Bus Advertising Guidelines Resolution [Revision 1] (5693 : Big Blue Bus Advertising Guidelines Update)

EXHIBIT A

CITY OF SANTA MONICA

2. Adult related products and services, such as alcohol, firearms, and tobacco, smoking, smoking materials, including electronic smoking or “vaping.”

3. Sexual or excretory subject matter, and/or Harmful Matter as defined by the California Penal Code Sections 311 or 313.

5. Material that infringes on any copyright, trade or service mark, title, or slogan.

6. Illegal Activity. Material that promotes or encourages unlawful or illegal behavior or activities under local, state, or federal laws.

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Packet Pg. 527 Attachment: Attachment C: Proposed Bus Advertising Guidelines Resolution [Revision 1] (5693 : Big Blue Bus Advertising Guidelines Update)

9. Lights, noise, and special effects, including but not limited to rotating, revolving, or other movable parts, mirrors, flashing devices, or anything that may interfere with the safe operation of the bus or the safety of bus riders, pedestrians, drivers of other vehicles, or the public at large.

10.Material depicting unsafe transit behavior, such as non-use of normal safety precautions in awaiting, boarding, riding upon or debarking from the bus.

11.Material that conflicts with any applicable federal, state, or local law, statute, or ordinance.

The views and/or opinions expressed by the advertiser are not necessarily those of the City of Santa Monica.

Rev. 3/2/2023

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Packet Pg. 528 Attachment: Attachment C: Proposed Bus Advertising Guidelines Resolution [Revision 1] (5693 : Big Blue Bus Advertising Guidelines Update) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.I
1 of 4
To: Mayor and City Council
From: Lori Gentles, Chief People Officer, Human Resources Department Subject: Award Request for Proposal No. 342 to BetterUp, Inc. for Employee Coaching, Mentoring, Training and Development Support Services Recommended Action
Staff recommends 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. Award RFP#342 to BetterUp, Inc., for Employee Coaching, Mentoring, Training and Development Support Services for all City employees provided by the Human Resources Department;

3. Authorize the City Manager to negotiate and execute an agreement with BetterUp, Inc., in an amount not to exceed $988,708 for 5 years with future year funding contingent on Council budget approval.

Summary
The Human Resources Department seeks the assistance of BetterUp, Inc., to offer employee coaching, mentoring, training, and development support services to provide 1:1 coaching and on-demand leadership, personal development, and other types of performance management services to all active City employees. Making these services available 24/7 through an online platform increases the likelihood of maximizing the accessibility, effectiveness, potential, and capacity of both employees and the organization while meeting the diverse needs of City staff.

Discussion
On May 5, 2020, Council approved the “Santa Monica: A Plan for the Future” to restructure the City government as a result of the impacts of the COVID-19 pandemic.

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This restructuring plan eliminated 331 budgeted full-time equivalent positions, which included the entire Organizational and Development Division within the Human Resources Department. The division provided various professional development, mentoring and leadership opportunities for all City staff.

As a result, the Human Resources Department sought Council authority for an exception to the competitive bidding process to provide immediate professional coaching services to employees impacted directly and indirectly by the restructuring. On May 26, 2020, City Council authorized the City Manager to enter into an agreement with BetterUp, Inc., for professional coaching services. Currently still in use with an expiration date of June 30, 2023, the BetterUp platform delivers transformative coaching experiences to drive productivity, engagement, and employee retention based on 550 member responses, 78% percent of users rate their session quality as life-changing or amazing. 99% rated the service as good or better and 94% reported being more effective at work because of this coaching. In line with best practices, staff initiated a Request for Proposal to identify alternative service providers.

Vendor Selection
Bidder Recommendation
Best Qualified Person/Firm BetterUp Inc.

Evaluation Criteria
(include all that apply)
References, experience, services provided and cost.

Municipal Code SMMC 2.24.

RFPs Received
Alchemi Coaching BetterUp Inc. Hayden Lee Coaching LifeSpeaksToYou, LLC Lonestar Synergistx, Inc. Looking Forward
Consulting
Milli Micro Systems,
Inc.

Prism Leadership
Group
The Resurgent Group of
Metro Atlanta LLC
Zilo International Group
LLC
RFP Data
Posted On Posted On
Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
1/12/2023 City's Online
Bidding Site
Santa Monica Daily Press 48 2/13/2023

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Justification to Award
Based on the evaluation criteria above and criteria in SMMC 2.24.190, staff recommends BetterUp Inc. as the best-qualified firm to provide employee coaching, mentoring, training and development support services based on their extensive experience and previous work with the City as well as the US Military, Google, Hilton, Warner Media, ZenDesk, and many others. BetterUp Inc. received the highest rating from the City’s evaluators in the following categories: references, experience, services provided and cost. BetterUp is able to provide all active City employees with 24/7 access to 1:1 professional coaches in addition to 24/7 access to specialist coaches who focus on well-being habits, navigating grief, supporting others in grief, sleep coaching, nutrition coaching, working parents coaching, small group topic driven studio workshops, 360- degree feedback tool, and access to a world-class library of personal and professional development tools. BetterUp can offer these services in numerous languages using their proprietary web-based platform or dedicated app. These services in addition to the most competitive cost resulted in BetterUp being selected as the preferred vendor to provide the requested services to the City.

Past Council Actions
Meeting Date Description
05/26/2020
(attachment A)
Award of agreement with BetterUp for professional coaching services
Environmental Review
The award agreement to provide employee support services 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.

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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the Human Resources Professional Services to award an agreement with BetterUp, Inc. for employee coaching, mentoring, training, and development support services. Future year funding is contingent on Council budget approval.

Agreement Request
FY 2023-24 Budget
Request Amount
Future Years
Amount Department Account Total Contract Amount
$178,836 $809,872  01130004.552010  $988,708
Prepared By: Sasha Sargent, Executive Administrative Assistant Approved Forwarded to Council
Attachments:

A. Attachment A- 2020_05_26 City Council - Public Minutes-1249 B. OAKS Expires 4-19-24
C. ITEM.5.I.Written Comments

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1 May 26, 2020
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MAY 26, 2020
A regular of the Santa Monica City Council was called to order by Mayor McKeown at 5:30 p.m., on Tuesday, May 26, 2020, via teleconference pursuant to the Governor’s Executive Order N-29-20 at https://primetime.bluejeans.com/a2m/live-event/argwbkvz Roll Call: Present: Mayor Kevin McKeown
Mayor Pro Tem Terry O’Day
Councilmember Gleam Davis
Councilmember Sue Himmelrich
Councilmember Ana M. Jara
Councilmember Greg Morena
Councilmember Ted Winterer
Also Present: Interim City Manager Lane Dilg
Interim City Attorney George Cardona
City Clerk Denise Anderson-Warren
CONVENE On order of the Mayor, the City Council convened at 5:30 p.m., with all members present.

CLOSED SESSIONS Members of the public Chris Pecaut, Adriana Yossef, Denise Barton, Jennifer Wolf, Irma Jarro, and Lauralee Ashe commented on closed sessions.

On order of the Mayor, the City Council recessed at 5:50 p.m., to consider closed sessions and returned at 7:34 p.m., with all members present, to report the following:

1.A. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: Eloy Ortiz Oakley, et al., v. Betsy Devos, in her official capacity as the United States Secretary of Education, et al., U.S. District Court for the Northern District of California Case No. 20-cv-03215.

The Interim City Attorney recommended that the Council authorize the city to sign on to Los Angeles County’s amicus brief, supporting the California Attorney General’s request on behalf of a number of Community College

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Packet Pg. 533 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development 2 May 26, 2020
Districts preliminary injunction precluding the U.S. Department of Education for enforcing eligibility requirements that would exclude undocumented immigrants, DACA recipients, DPS holders and asylum seekers, among others, from receiving aid allocated by the CARES Act for all students, regardless of immigration status.

Motion by Councilmember Winterer, seconded by Councilmember Jara, to join the amicus brief. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Winterer
NOES: None
ABSENT: None

1.B. Conference with Legal Counsel – Existing Litigation – Litigation has been initiated formally pursuant to Government Code Section 54956.9(d)(1): Pico Neighborhood Association and Maria Loya v. City of Santa Monica, Los Angeles Superior Court, Case No. BC 616804, Second District Court of Appeal, Case No. B295935.

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

1.C. Conference with Legal Counsel – Anticipated Litigation – Request to enter into a lawsuit as an amicus curiae, pursuant to Government Code Section 54956.9: HIAS, Inc., et al. v. Donald J.

Trump, in his official capacity as President of the United States, et al., U.S. Fourth Circuit Court of Appeals Case No. 20-1160.

The Interim City Attorney recommended that the Council authorize the city to sign on to an amicus brief, to be filed by a coalition of cities, counties and Mayors, led by the City of Los Angeles, supporting the affirmance in the United States 4
th Circuit Court of Appeals, of a District Courts issuance of a preliminary injunction that bars the Federal Government from enforcing an Executive Order which gives states and is likely counties a veto when it comes to refugee resettlement, eliminating cities from their traditional role in the consultation process as it relates to refugees.

Motion by Councilmember Davis, seconded by Councilmember Morena, to join the amicus brief. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

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Packet Pg. 534 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development 3 May 26, 2020

1.D. Conference with Labor Negotiator: Government Code Section 54957.6 Agency Designated Representatives: Chief People Officer Lori Gentles and Human Resources Manager Shawn Weiske. Bargaining Units: Administrative Team Associates, California Teamsters Local 911, Confidential Unrepresented Employees Pay Plan, Executive Pay Plan, Municipal Employees Association, Management Team
Associates, Public Attorneys Legal Support Staff Union, Public Attorneys Union, Santa Monica Fire Executive Management Association, Santa Monica Firefighters Local 1109 IAFF, Santa Monica Police Officers Association, Supervisory Team Associates, International Association of Sheet Metal, Air, Rail, and Transportation Workers, Transportation Division Local 1785 (SMART TD).

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

SPECIAL AGENDA
ITEMS:

2.A. Commendation: 126 City Employees, was presented.

2.B. Commendation: Katie E. Lichtig, Assistant City
Manager/Chief Operating Officer, was presented.

2.C. City Manager's Report: Economic Recovery Update, was presented.

REPORT ON COUNCIL
TRAVEL
There was nothing to report on Council travel.

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

Members of the public Denise Barton commented on various Consent Calendar items.

At the request of Councilmembers Morena and Jara, Item 3.A and Councilmember Morena, Item 3.C were removed from the Consent Calendar.

Motion by Councilmember Davis, seconded by Councilmember Himmelrich, to approve the Consent Calendar except for Items 3.A and

3.C, reading resolutions by title only and waiving further reading thereof.

The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

5.I.a
Packet Pg. 535 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development 4 May 26, 2020
AFFORDABLE HOUSING 3.B. Affordable Housing Funding Opportunities from the State, was approved.

Recommended Action
Staff recommends that the City Council adopt the Resolution Nos. 11248 (CCS) through 11250 (CCS):

1. Authorizing and adopting the 302(c)(4) plan for the Permanent Local Housing Allocation Program for Funding Allocation Years 2019-2023 (Attachment A); and

2. Authorizing the submission of an application for Permanent Local , Allocation Program Funding (Attachment B); and

3. Authorizing the submission of an application for Local Housing Trust Fund Program Matching Grant Funding (Attachment C).

EMPLOYEE

REINSTATEMENT

3.D. Adoption of Resolution No. 11252 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA GRANTING AN ADDITIONAL ONE-YEAR

REINSTATEMENT PERIOD TO EMPLOYEES LAID OFF AS A

RESULT OF THE RESTRUCTURING OF CITY OPERATIONS
CAUSED BY THE IMPACTS OF COVID-19”, was adopted.

Recommended Action
Staff recommends that Council adopt the proposed resolution recognizing a two-year reinstatement period (increasing by one additional year the reinstatement period set forth in the City Charter) for employees who are laid off as a result of the restructuring of the City’s workforce caused by the impacts of the COVID-19 pandemic.

OUTPLACEMENT AND

TRANSITIONING

SERVICES

3.E. Authorization to enter into Agreement Nos. 11047 (CCS) and 11048 (CCS) with Right Management Corporation and with BetterUP Outplacement and Transitioning Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Authorize the City Manager to negotiate and execute an agreement with Right Management Corporation for professional outplacement and transitioning services for the Human Resources Department.

This recommendation is made as an exception to the competitive bidding process pursuant to Section 2.24.250 (g) and is for a total amount not to exceed $300,000, with future year funding contingent on Council budget approval.

2. Authorize the City Manager to negotiate and execute an agreement with BetterUp for professional coaching services for the Human Resources Department. This recommendation is made as an

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Packet Pg. 536 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development 5 May 26, 2020
exception to the competitive bidding process pursuant to Section

2.24.250 (g) and is for a total amount not to exceed $125,000, with future year funding contingent on Council budget approval.

3. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.
1550 BEACH PARKING
LOT
Councilmember Morena
excused at 8:32 p.m.

3.A. Award Request for Proposal and enter into Agreement No. 11046 (CCS) with Film Independent for the Independent Spirit Awards, was presented.

Recommended Action
Staff recommends that the City Council:

1. Award RFP# 249 to Film Independent to use a portion of the 1550 Beach Parking Lot for the Independent Spirit Awards from February 17, 2021 to March 4, 2021, and to return on tentative dates of February 16 to March 3, 2022 and February 15 to March 2, 2023

2. Authorize the City Manager to negotiate and execute a license Agreement with Film Independent for a three -year term. The annual rental for each of the three occupations is approximately $104,000.

Councilmember Morena recused himself from this item because the Spirit Awards are adjacent to the Pier, and to avoid any potential appearance of conflict of interest because his family owns a restaurant on the Pier.

Pulled by Councilmember Jara to ask questions of staff including, what type of revenue would it be for the businesses at the Pier. How much revenue does it mean for those businesses who close down for this event.

Motion by Councilmember Davis, seconded by Councilmember Jara, to approve the recommended action. The motion was approved by the following vote:

AYES: Councilmembers Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
COVID-19 EMERGENCY 3.C. Adoption of Resolution No. 11251 (CCS) entitled “AN

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

MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF

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

Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the

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Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order.

Councilmember Morena recused himself to avoid any potential appearance of conflict of interest because his family owns a restaurant on the Pier.

Motion by Councilmember Davis, seconded by Councilmember Jara, to adopt the resolution by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
ORDINANCES:

AFFORDABLE HOUSING
Councilmember Morena
returned at 8:38 p.m.

7.A. Second Reading and Adoption of Ordinance No. 2638 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.53.130 TO EXCLUDE ONE HUNDRED PERCENT

AFFORDABLE HOUSING PROJECTS FROM TRANSPORTATION
ALLOWANCE REQUIREMENTS”, was adopted.

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

Motion by Councilmember Himmelrich, seconded by Councilmember Davis, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
SHARED MOBILITY 7.B. Second Reading and Adoption of Ordinance No. 2639 (CCS) entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 3.21.090 TO EXTEND THE TERM OF THE FIRST SHARED MOBILITY DEVICE PILOT PROGRAM TO APRIL 30, 2021, AND
AMEND SANTA MONICA MUNICIPAL CODE SECTION 3.22.090 TO

CHANGE THE START DATE OF THE SECOND SHARED MOBILITY
DEVICE PILOT PROGRAM TO MAY 1, 2021”, was adopted.

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

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Motion by Councilmember Jara, seconded by Councilmember Winterer, to adopt the ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
STAFF

ADMINISTRATIVE
ITEMS:

CITY RESTRUCTURING

8.A. An Update on City Restructuring and Council Authorization to Restore Priority Programs, was presented.

Recommended Action
Staff recommends that Council:

1. Provide direction to staff on proposals to restore priority services not included in the May 5, 2020 restructuring plan;

2. Provide direction to staff on proposal to allocate CDBG entitlement and COVID-19-related funds; and

3. Provide direction to staff on the updated Community Services Pricing Policy on Fees.

Members of the public Ann Hoover, Katie Hoover, Karen Mulick, Leila Tasmini, Denise Barton, Margurita Garcia, Angela Scott, Carole Lemlein, and Ericka Lesley spoke to the recommended action.

Questions asked and answered of staff included: with regard to the Playground Access, was it correct that this was a recommendation from Presidium, and what does that mean; is it correct that an adult is not required to sign out a child in the Playground Access; is the city provided afterschool playground programs different than the Playground Access program; is it correct that the as-needed employees are only needed for onboarding the Preserving Our Diversity (POD) program, but staffing won’t be needed beyond and for maintenance; is there any talk about qualifying people for the POD program, in order to streamline the onboarding; when will the fee study be completed; how does a community partner with the city go about finding funding out there to replace losing funds; does the branding for the Economic Recovery and the branding with the Arts get connected; is there someone on city staff to assist businesses through the Sustainability efforts; how does it work keeping a Crossing guard Coordinator, but no crossing guards, and how does that play out for safety; does this proposal continue the food pantry at Virginia Avenue Park; has there been any discussion about the multiple efforts amongst the School, College and City to make sure that as much effort is being put forth; for community block grants, who would Administrator this effort, and is the city ready to take on the large number of residents; do we have another

5.I.a
Packet Pg. 539 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development 8 May 26, 2020
partner who could work more with our most vulnerable population besides Legal Aid; in youth related programs, is there any possibility to consider any grants; if fees are increased, and families don’t qualify for any assistance after the increase, how will those families be assisted; can we give the public any idea when the city will be able to address the Crossing guard question; if we must eliminate the Architectural Review Board (ARB), when will we get back the proposals for most cost effective design review and when are we going to get back the proposal to reduce the overhead on the Landmarks Commission; will staff come back to Council to decide fees; do we look at private vendors for fees; full cost recovery, or subsidy; and, how is the sliding scale going to work with subsidies as part of the fees.

Motion by Councilmember Winterer, seconded by Councilmember Davis, to provide direction to staff on proposals to restore priority services not included in the May 5, 2020 restructuring plan. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Winterer, seconded by Councilmember Morena, to provide direction to staff on proposal to allocate CDBG entitlement and COVID-19-related funds. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
Motion by Councilmember Jara, seconded by Councilmember Davis, to provide direction to staff on the updated Community Services Pricing Policy on Fees to look at a cost-of-living (COLA) adjustment for this year and initiative a fee study for next year. The motion was approved by the following vote:

AYES: Councilmembers Morena, Himmelrich, Davis, Winterer, Jara Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None

COUNCILMEMBER
DISCUSSION ITEMS:

STREETLIGHT

13.A. Request of Mayor Pro Tem O’Day that, in light of a majority of the residents affected now opposing the 9th Street Streetlight Assessment District, Council direct staff to prepare for Council

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Packet Pg. 540 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development 9 May 26, 2020
ASSESSMENT approval a resolution rescinding Council’s prior authorization, as stated in Resolution 11213 (CCS) adopted November 12, 2019, to pay 50% of the costs of the proposed streetlighting, was presented.

Questions asked and answered of staff included: legally, can we do this:
how do we know that over half of the people don’t want the assessment; are these new people who have rescinded or did the original signers change their minds; do we know why there was a change of mind; and, could the residents bring back another petition and get it passed.

There was no public comment on this item.

Motion by Mayor Pro Tem O’Day, seconded by Councilmember Jara, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers Jara, Winterer, Davis, Himmelrich, Morena, Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
PUBLIC INPUT: Member of the public Bob Adams commented on various local issues.

ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 10:56 p.m. in memory of the 14 Santa Monicans who have died as a result of the coronavirus pandemic.

ATTEST: APPROVED:

Denise Anderson-Warren Kevin McKeown
City Clerk Mayor

5.I.a
Packet Pg. 541 Attachment: Attachment A- 2020_05_26 City Council - Public Minutes-1249 (5708 : Employee Coaching, Mentoring, Training and Development
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5.I.b
Packet Pg. 542 Attachment: OAKS Expires 4-19-24 (5708 : Employee Coaching, Mentoring, Training and Development Support Services Award) 1 Xavier Mota
From: Ann Hoover <[email protected]>
Sent: Monday, May 8, 2023 8:37 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Caroline Torosis; Lana Negrete; Christine Parra; Oscar de la Torre; Jesse Zwick
Cc: David White; Susan Cline; Anuj Gupta
Subject: 05-09-23 Council Meeting - Item 5.I. (Consent Calendar) - PLEASE PULL AND DISAPPROVE

EXTERNAL
Dear Councilmembers -
Please pull this item from the Consent Calendar and disapprove.

This is a "great to do if you can afford it" expense, but Council eliminated the Organizational and Development Division in 2020 for a reason and this is a lot of money (close to $1,000,000) to spend on coaching and support when these sorts of things can be found online for free in many instances.

Employee benefits like this are often not available in private sector businesses settings.

At a time when Santa Monicans are being told the City is practically bankrupt due to the Uller settlements and to Staff's massive unfunded pension obligation (very few private sector employees get pensions, btw) such that the City is taking steps to sell off many of our community's public land assets, this is exactly the kind of non-essential item that Council should not agree to fund at this time.

Again, please pull this item and disapprove.

Thank you -
Ann Bowman
Santa Monica resident 26+ years
P.S. - There may be an item that needs to be corrected in the Staff Report - my understanding is that almost 100 of the 331 jobs that were eliminated in 2020 were actually lower-wage, hourly positions, not full-time. These were the folks who administered & staffed the afterschool programs (CREST Sports & Playground Access) on the elementary and middle school campuses. When she cast a "no" vote for the 2020 budget restructuring, then-Councilmember Ana Jara said that "you're trying to balance this budget on the backs of black and brown employees." ITEM.5.I.

May 9, 2023
ITEM.5.I.

May 9, 2023

5.I.c
Packet Pg. 543 Attachment: ITEM.5.I.Written Comments (5708 : Employee Coaching, Mentoring, Training and Development Support Services Award) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.J
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Mobility (DOT)
Subject: Approval of Modification of the Professional Services Agreement for the Safe Routes to School Pedestrian Improvements at Six Schools Project to extend the term
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of statutory exemption pursuant to Section 21080.25 of the California Environmental Quality Act (CEQA) and categorical exemptions pursuant to Sections 15301 and 15304 of the CEQA Guidelines.

2. Authorize the City Manager to negotiate and execute a first modification to Contract Agreement #10968 (Attachment A) with Stantec Consulting Services, Inc. for the Safe Routes to School (SRTS) Pedestrian Improvements at Six Schools Project, to extend the term of the agreement through December 31, 2024.

Summary
Santa Monica’s Department of Transportation (DOT) is advancing the Safe Routes to Schools (SRTS) Pedestrian Improvement at Six Schools project, which will help achieve the City’s priorities of Clean and Safe and Sustainable and Connected Community; and the City Council’s Vision Zero commitment to eliminate fatalities and serious injuries caused by traffic collisions by 2026. The project encourages walking and bicycling to six schools by enhancing access and safety conditions surrounding McKinley Elementary, Edison Language Academy, Santa Monica Alternative Schoolhouse (SMASH), John Muir Elementary, Franklin Elementary, and Grant Elementary.

The project was delayed due to staff capacity limitations and the prioritization of other grant-funded capital projects with inflexible funding deadline requirements, and the Six

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Schools agreement for the project’s transportation planning and engineering design services with Stantec Consulting Services, Inc. expires on June 30, 2023. While project design has resumed, the work will not be completed before the contract expiration. A no-cost contract modification to extend the term to December 31, 2024, is required to complete the project.

Discussion
The Bicycle Action Plan (2011) calls for the City’s Safe Routes to School (SRTS) efforts to focus on infrastructure improvements at conflict zones and evaluate program and network effectiveness in increasing bicycle mode share of school children. The Pedestrian Action Plan (2016) identifies the SRTS program as aiding in the implementation of infrastructure improvements that support walking and bicycling and references a systematic evaluation of streets within a quarter mile of the city’s K-12 schools to help prioritize improvements.

In October 2018, the SRTS Walk Audit Report was released and includes preliminary recommendations including, but not limited to, curb extensions, curb ramp improvements, new or improved crosswalks, installation of rectangular rapid flashing beacons (RRFBs), and other safety countermeasures. The Pedestrian Improvements at Six Schools Project will advance the recommendations identified for the six schools in the 2018 SRTS Walk Audit Report by delivering a community-supported constructionready Plans, Specifications, and Estimates (PS&E) package for improvements at all six schools.

Stantec Consulting Services, Inc. was awarded the contract to provide transportation planning and engineering design services for the SRTS Pedestrian Improvements at Six Schools Project on November 12, 2019. The project is funded by local transportation funds. Due to restructuring, staff prioritized capital projects funded by state and federal grants with immediate grant funding deadlines, and the completion of the Pedestrian Improvement at Six Schools project was delayed as a result. While the project has now resumed, extending the term of the contract is necessary to complete the project design and move the project toward construction in the summer of 2024.

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Past Council Actions
Meeting Date Description
11/12/19 (Attachment B) Original award of Professional Services Agreement with Stantec Consulting Services, Inc. to provide
transportation planning and engineering design services for the Safe Routes to School (SRTS) Pedestrian
Improvements at Six Schools Project
Environmental Review
The modification of the professional services agreement would provide planning and engineering design services for the SRTS Pedestrian Improvements at Six Schools Project. The SRTS projects are exempt from CEQA pursuant to Section 21080.25 of the State Implementation Guidelines in that the projects consists of pedestrian and bicycle facilities that improve safety, access, or mobility within the public right-of-way.

Additionally, the project is categorically exempt per Section 15301 (Class 1- existing facilities) and Section 15304 (Class 4 - minor alterations to land) in that the project would make minor changes to existing roadways and minor alterations to land to implement pedestrian improvements.

Financial Impacts and Budget Actions
Staff seeks authority to modify the contract agreement with Stantec Consulting Services, Inc. to extend the term through December 31, 2024. The not-to-exceed amount of the contract remains unchanged.

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Prepared By: Shayne Smith, Transportation Planning Associate Approved Forwarded to Council
Attachments:

A. Attachment A: 6 Schools Contract 10968
B. Attachment B: November 12, 2019 Staff Report (Web Link) C. ITEM.5.J.Written Comments

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Contract No. 10968

PROFESSIONAL SERVICES AGREEMENT FOR DESIGNERS
This Professional Services Agreement (“Agreement”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica (“City”) and Stantec Consulting Services, Inc. (“Stantec” or “Design Consultant”), is made with reference to the following:

RECITALS:

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

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

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

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

TERMS AND CONDITIONS

1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2023 (“Expiration Date”), unless sooner terminated or extended in accordance with the provisions of this Agreement.

2. Design Consultant Services. Design Consultant will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Design Consultant will complete the Services in accordance with Exhibit B, Budget and will promptly examine and respond to all documents submitted to Design Consultant by City.

3. City Services. The City agrees to:

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

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

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

4. Compensation. The City will compensate Design Consultant for the Services performed in an amount not to exceed $430,598 (Four Hundred Thirty Thousand Five Hundred and Ninety-Eight Dollars), as set forth in Exhibit B.

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F 5/19/2020

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Packet Pg. 548 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) - 2 -

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

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

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

City of Santa Monica Mobility Division
1685 Main Street
Santa Monica, California 90401
Attention: Joseph SanClemente, Principal Transportation Planner Re: Contract No. 10968
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10968

6.2 All notices, demands, requests or approvals to Design Consultant:

Stantec Consulting Services, Inc.
38 Technology Drive
Irvine, CA 92618-5312
Attention: Sherry Weinmeier, Principal
[email protected]
Re: Contract No. 10968

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

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

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

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

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 549 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) - 3 -

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

10. Defense and Indemnification.

10.1 Indemnification.

10.1.1 Hold Harmless for Design Professional Services.

To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Design Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.

10.1.2 For Other Claims.

Except as otherwise set forth in the preceding paragraph regarding Claims Arising From Design Services, Design Consultant agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Design Consultant (other than professional negligence, which is covered under Section 10.1.1, above), or recklessness or willful misconduct by Design Consultants (or its contractors or subcontractors, if any). Design Consultant’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Design Consultant (or its contractors or subconsultants); provided, however, that Design Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.

The provisions of the above indemnification obligations shall survive any termination of this Agreement.

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

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

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Packet Pg. 550 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) - 4 -

11. Prohibition Against Transfers.

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

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Consultant or of any general partner or joint venturer or syndicate member of Design Consultant, if a partnership or joint venture or syndicate exists, which results in changing the control of Design Consultant, will be construed as an assignment of this Agreement.

Control means 50% or more of the voting power of the corporation.

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

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

14. Default and Termination.

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

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

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

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

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

18. Records.

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

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Packet Pg. 551 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) - 5 -

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

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

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

19. Work Product; Reports.

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

19.2 At the City’s request, Design Consultant must furnish reports concerning the status of the Services.

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

21. Subconsultants.

21.1 If Design Consultant proposes to have any subconsultant perform any part of the Services, Design Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 552 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) - 6 -
subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

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

This agreement is consistent with all terms and conditions of the Agreement No. 10968 (CCS) entered into between the City of Santa Monica and Design Consultant on ________________.

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

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

24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F 5/19/2020

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Packet Pg. 553 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) - 7 -

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager

STANTEC CONSULTING SERVICES,
INC.

By: ________________________________
Name: SHERRY WEINMEIER
Title: Principal
DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F 4/21/2020
George S. Cardona
Acting City Attorney
4/21/2020
5/19/2020
Lane Dilg
City Clerk City Attorney
5/19/2020
Denise Anderson-Warren

5.J.a
Packet Pg. 554 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Exhibit A
Scope of Services
Design Consultant will provide transportation planning and engineering design services for the City’s Safe Routes to School (SRTS) Pedestrian Safety Improvements at Six Schools project.

Task 1—Background Research
a. Following the kick-off meeting with the City, Design Consultant will research and obtain available as-built record drawings, reports, assessor's parcel maps, right-ofway maps, street centerline ties, utility information, aerial photos, topographic mapping, and other pertinent information for the Project from the City, County, or other applicable agencies as appropriate.
b. Design Consultant will also make field visits as required to evaluate and document existing conditions.

Deliverables: List of available documents, data, and information collected.

Task 2—Existing Conditions Assessment
Design Consultant will perform field observations at each of the schools during the peak activity periods to assess the flowing existing conditions:
a. Loading Zone and Access: Design Consultant will visit each of the schools and evaluate drop-off and pick-up circulation and access to each campus and make final recommendations to reduce congestion and improve safety and efficiency and/or operations of the school.
b. Pavement Markings and Signage: Design Consultant will evaluate the existing pavement markings and signage on the roadways adjacent to each of the school campuses and make recommendations to improve safety and/or operations at the school.
c. Conduct Field Observations of each location identified in the City’s RFP and in the Walk Audit Report to identify feasibility and identify any physical constraints:

Design Consultant will visit each of the schools and each of the locations identified in the RFP and the Walk Audit Report and evaluate the feasibility of implementing the proposed improvements and also identify any constraints or alternative solutions.

Deliverables: A concise summary of existing school access and circulation patterns, issues reserved at each school during pick-up/drop-off and recommendations to improve access/operations and signage and striping on the roadways adjacent to each school.

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 555 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Task 3—Meetings, Public Outreach and Coordination
Design Consultant will provide the following meetings, coordination and materials:
a. Conduct a kick-off meeting with the project team and City staff at City Hall. b. Conduct up to two design coordination meetings with City and SMMUSD to discuss and coordinate the proposed project with SMMUSD master planning efforts.
c. Conduct up to three design coordination meetings with City staff, at City Hall, as needed.
d. Conduct bi-weekly conference calls with the City project manager to provide updates on progress and discuss any issues. Design Consultant will make available key project team members of the project team as needed to resolve issues. e. Up to six meetings with the schools (one per school). f. Up to four stakeholder meetings. These may include meetings with neighborhood groups, local commissions, and/or other key holders/abutters. g. Produce high-quality presentation materials, easy to understand drawings, exhibits, renderings and/or other graphics and information materials needed to support City staff with public outreach and participation.

Deliverables: Presentation materials, meeting agendas, meeting materials, meeting notes, outreach materials, and project schedule updates (as needed).

Task 4—Surveys and Base Maps
Design Consultant will provide aerial and topographic design survey within the project limits at the level of detail necessary to verify existing conditions and design the proposed improvements at all school locations.

Aerial Topography: Current aerial topography and existing plainmetrics data will be obtained for the property. The photography will be flown for use at a scale of 1” = 40’, with contours compiled at 1-foot intervals. Spot elevations and existing site features identifiable from photography will also be compiled. In an effort to provide sufficient coverage for design, the aerial limits will extend to cover project limits.

This line item includes the field work to set horizontal and vertical control required for the aerial effort, which will be based on NAD83 and NAVD88.

Having an aerial topographic map would give the design team the ability to prepare preliminary engineering studies and once the feasibility of the proposed improvements is DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 556 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) determined, supplemental topographic surveys may be required at the curb extension and ramp areas.

A color digital ortho-photo will be prepared from the photography. The ortho-photo will be a rectified image so as to closely match the compiled topography, providing the capability to prepare accurate, color exhibits on subsequent efforts.

Deliverables: A digital CAD file containing the resulting data and digital TIFF image(s) of the ortho-photography along with corresponding geo-referenced World files to allow for seamless integration of the photo into the compiled topography and other drawings.

Supplemental Topography: As a supplement to the aerial effort, conventional ground survey will be used to spot verify the aerial topography and obtain additional detail in key areas. The supplemental data will be used in conjunction with the aerial mapping to create a single topographic map that will be used as the basis for design.

Design Consultant have budgeted supplemental topography at several areas where the City is proposing curb extension and other intersection improvements. This level of effort may need to be re looked once the preliminary phase select the preferred alternatives for each school.

Deliverables: Digital CAD file containing the resulting data.

Centerline: Monuments will be observed to retrace the centerlines of those areas within the limits of the supplemental topo. The results will be incorporated into a base-map illustrating existing centerline conditions.

Available agency research, prior surveys, and assessor parcel maps will be used to prepare the base-map. This will not be a full and complete boundary survey of the adjacent land parcels. Survey monuments located and indicated on the survey will be limited to existing, centerline monuments found within the supplemental topo limits.

Deliverables: Digital CAD file containing the resulting base-map data.

Task 5—Preliminary Design Development (30% Design)
Before initiating the final design phase, Design Consultant will carefully reviewing the feasibility and constructability of the concepts previously studied to meet the City’s objectives for this project. Design Consultant will build upon City’s preliminary findings and recommendations of the Walk Audit Report and introduce other ideas and complete street elements to enhance the end-user experience. Once the background research has been completed and the survey and base maps have been created, Design Consultant will work, in close coordination with City staff and evaluate, verify and refine the DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 557 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) recommendations provided in the City’s RFP and identified in the walk audit and then develop 30% design plans. Where needed for each of the proposed improvements, Design Consultant will provide alternatives for consideration and selection.

Design Consultant will:
• Test all preliminary designs for geometric constraints; best practices for bicycle and pedestrian design (e.g., NACTO); drainage impacts; safety and visibility; lighting photometrics (where appropriate); utility relocation needs, impacts to existing trees; and American with Disabilities Act and Guidelines (ADA &G) compliance.
• Conduct turning radius assessment (e.g., Auto Turn) for each design for all appropriate design vehicles (of primary concern will be Blue Bus and Fire’s Hazmat).
• Identify any signal modifications that may be required as part of improvements (e.g., signal equipment modifications that may be required as part of the proposed improvements.

For each alternative, Design Consultant would develop a rough order of magnitude cost estimate and identify any R/W, permitting, construction, drainage and utility impacts.

Design Consultant would discuss and review the pros and cons of any design considerations with City staff and document the approach for final design.

Design Consultant will meet with City staff and all other stakeholders and develop the preferred alternative for each desired improvement. Design Consultant allow up to two revisions based on comments. Design Consultant has allocated in the project schedule blocks of time to conduct meetings, public outreach and coordination throughout the design process.

Deliverables: 30% plan design concepts at each location (with alternatives if required), supporting documentation, and materials as appropriate (e.g. plan views, cross sections, sketches, Autoturn, cost estimates, supporting analysis, etc.) and preferred alternative to advance to PS&E.

Task 6—Design Documents (PS&E 60%, 90% and 100% submissions) Based on the approved 30% Design Plans, Design Consultant will develop PS&E documents. PS&E documents will be subject to an internal review process and then submitted for City’s review and comments at the 60%, 90% and 100% completion stages.

Based on City’s and all other stakeholder’s feedback, the documents will be finalized for construction.

The anticipated list of plans, deliverables and documents included in this task would DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 558 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) include:
• Title sheet on City standard border including vicinity map, sheet index, agency contacts, design team contacts, index map and all applicable notes and requirements for City plans
• Typical cross sections and details
• Street plan and profiles
• Grading plans for the curb extension areas
• Signing and striping plans
• Traffic signal modification plans
• Enhanced Pedestrian Crossing Warning System Plans
• Traffic control plans, including construction phasing recommendations • Lighting and photometric plans
• Utility relocation plans (Design Consultant have assumed minimum amount of relocations with the bulb-outs which will be coordinated with the appropriate utility company or agency)
• Storm Drain Relocation - This includes the catch basins affected by the proposed curb extensions which will require permitting by the County of LA • Pavement plans
• Landscape and irrigation plans - No Landscape and Irrigation Plans are anticipated. Stantec will add landscape construction notes to the street plans directing the contractor to match adjacent existing conditions (i.e., concrete, grass, or DG but no irrigation) at the curb extensions.
• Project specifications
• Construction cost estimates
• Response to review comments
• Permit applications (a budget of $10,000 has been included in Design Consultant budget to accommodate County permit fees)
• Potholing [A budget of $10,000 has been included to pothole eight locations within the project (assumed)]
• Turning radius evaluation (i.e., Auto Turn) for all geometric changes required during the PS&E phase to satisfy requirements by Big Blue Bus and the Fire Department
DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 559 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Task 7—Utility Coordination
a. This task includes utility coordination, including utility research, preparation and submittal of utility information requests, review and identification of utility prior rights, identifying utility manholes and valves requiring adjustments within the project area, and distributing preliminary and final plans to the utility companies and City’s Utility Service Department. Contact will be established with the private utility companies that have infrastructure in the project area. For each utility within the project, "as-built" plans, atlases and record information will be obtained, and information regarding any future changes to their facilities or planned new facilities in the area will be solicited. Underground Service Alert will be contacted to identify subsurface facilities in the project area. The utility companies will be contacted after distribution of the plans to confirm that they received the plans and the City will be notified of the progress and any conflict issues. Design Consultant will prepare and submit utility conflict and utility relocation notices to utility owners, as required, obtain utility permits and clearances as required to construct the project. Design Consultant will prepare and maintain complete utility documentation including utility correspondence logs, utility meeting minutes and utility disposition matrices. Design Consultant will also closely monitor and coordinate any utility conflicts on private and City properties and impediments to the construction and project schedule.

Deliverables: Utility log, utility permit and clearances, and utility coordination meetings as needed.

Task 8—Bidding and Construction Support Services
a. Design Consultant will assist the City in preparation of contract documents for bidding, and attend the pre-bid meeting. Design Consultant will be available to respond to questions from bidders, provide clarification of plans and specifications, and prepare responses as needed to modify or clarify the Contract Documents during the bid phase. Design Consultant will also assist the City in evaluating the submitted bids. The budget allowance for this task assumes approximately 12 hours of Design Consultant’s combined staff time. b. Design Consultant will attend the pre-construction meeting and other meetings with City staff, other agencies, and the public as required. Design Consultant will be available to clarify design-related issues during bid and construction including preparation of addenda, respond to Request for Information (RFI) and submittal reviews.
c. Design Consultant will participate in the development of punch list and recommendations to the City for substantial completion date and acceptance of all DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 560 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) corrective and completion work by the contractor; help ensure all specified submittals are responsive to the intent.
d. Design Consultant will prepare “as-built” plans based upon redlines provided by the contractor and/or construction manager. For the purpose of this proposal, 24 hours of staff time for construction support and 16 hours for preparation of asbuilt plans for a total of 40 hours have been allowed for this task.

Deliverables: As-built plans, memos/documents regarding construction period support.

Assumptions:

This proposal was based on the following assumptions related to the proposed project:
• No right-of-way acquisition will be required for this project. • No environmental processing is included as part of this scope. • The City has regional water quality treatment systems and therefore no local treatment is assumed for this project.
• No SUSMP is included in the project.
• The proposed bulb-outs will not be landscaped or irrigated. This scope only includes minor landscape work to properly terminate existing landscape areas at bulb-outs. Landscape and irrigation construction notes will be part of the street plans.
• No geotechnical investigation is included in this project. • Additional requirements may affect the proposed costs and items. • Design Consultant assumes that there is a sufficient amount of available record information to adequately determine the right-of- way locations. Additional work resulting from ambiguities or a lack of available right-of-way records may require an additional work effort that is not covered within this Scope of Services. • Any existing easements requiring additional survey work to properly tie them to the boundary of the property are not included in this Scope of Services. • Sufficient site access will be provided by the client to access the project limits. • If information depicted on the proposed survey should lead to further investigation by Design Consultant, additional fees may be incurred, and are not included within this Scope of Services. Design Consultant will handle requests of this nature under separate, written authorization.
• If information depicted on the proposed survey should lead to further investigation by persons not connected to this firm, Design Consultant DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 561 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) will not be held liable for costs associated with or any delays caused by said efforts.

Exclusions:

Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
• Additional exhibits or documents not specifically outlined herein • Construction staking services
• New or additional boundary monuments
• Revisions to work completed or underway due to a change in information or instruction provided to Stantec by the client or client’s consultant(s)
• Subdivision mapping/lot line adjustments/certificates of Compliance DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 562 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Project Schedule
DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F 5.J.a Packet Pg. 563
Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Exhibit B
Budget
The City will compensate Design Consultant for the Scope of Services as described in Exhibit A during the Term of this Agreement, in an amount not to exceed $430,598 (Four Hundred Thirty Thousand Five Hundred and Ninety-Eight Dollars), as set forth below. The City will pay any undisputed amount within 30 days of receipt.

TASKS COST
Task 1. Background and Research $ 11,498
Task 2. Existing Condition Assessment $ 20,656
Task 3. Meetings, Public Outreach, and Coordination $ 40,700 Task 4. Survey and Base Maps $ 98,007
Task 5. Preliminary Design Development (30% Design) $ 36,912 Task 6. Final Design Documents (60%, 90%, and 100%
Design PS&E) $ 198,048
Task 7. Utility Coordination $ 7,842
Task 8. Bidding and Construction Support Services $ 10,868 Reimbursable Expenses $ 6,067
Total Not-to-Exceed Amount: $ 430,598
Design Consultant shall invoice the City for the Services performed based on the following rates:

Stantec Consulting Services, Inc.

Personnel Hourly Rate
Principal-in-Charge, Quality Control, Public Outreach, Senior Project Manager $ 234
Project Manager, Senior Task Lead $ 216
Lead Civil/Traffic; Manager Survey, Mapping $ 188
Project Engineer, Senior Landscape Architect $ 169
Landscape Architect, Survey Analyst $ 158
Assistant Engineer $ 125
Survey – 2-Person Crew $ 260
DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 564 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.

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

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

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

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 limits of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.

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

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 565 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) 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. CGL coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s insurance shall be primary coverage at least as broad as Insurance Services Offices Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

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

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

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 566 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) 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, the Consultant must purchase “extended reporting” coverage for a minimum of 5 years after completion of work.

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

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

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.

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.

DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 567 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) Exhibit D
Prevailing Wage Job Acknowledgement Form
(continued on next page)
DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 568 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 569 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 570 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 571 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 572 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 573 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 574 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F

5.J.a
Packet Pg. 575 Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools) 1 Xavier Mota
From: Ann Hoover <[email protected]>
Sent: Monday, May 8, 2023 8:53 PM
To: councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Jesse Zwick
Cc: David White; Susan Cline; Anuj Gupta
Subject: 05-09-23 Council Meeting - Item 5.J. - PLEASE PULL AND DISAPPROVE

EXTERNAL
Dear Councilmembers -
Please pull this item from the Consent Calendar and disapprove.

First - how can you approve this item as part of the Consent Calendar when the Staff Report does not even tell you what amount you'd be approving? At minimum, you need to know what dollar amount we're talking about here.

From the Staff Report:
"Financial Impacts and Budget Actions: Staff seeks authority to modify the contract agreement with Stantec Consulting Services, Inc. to extend the term through December 31, 2024. The not-to-exceed amount of the contract remains unchanged." What is that amount?? Second, based on the recent "improvements" on Broadway and 17th Street, which have DECREASED rather than increased safety (ask any local cyclist), Santa Monica has had enough of both "Vision Zero" and "Safe Routes to School".

Third, there are bike routes already in existence that enable Santa Monicans to access all elementary schools.

Fourth and most important, this item will be re-tapping LOCAL FUNDING again. At a time when Santa Monicans are being told the City is practically bankrupt due to the Uller settlements and to Staff's massive unfunded pension obligation (very few private sector employees get pensions, btw) such that the City is taking steps to sell off many of our community's public land assets, this is exactly the kind of non-essential, overkill sort of item that Council should not agree to fund at this time.

Again, please, please pull this item and disapprove.

Thank you -
Ann Bowman
Santa Monica resident 26+ years
ITEM.5.J.

May 9, 2023
ITEM.5.J.

May 9, 2023

5.J.c
Packet Pg. 576 Attachment: ITEM.5.J.Written Comments (5719 : Contract Extension for Safe Routes to School Project at Six Schools) From: Ann Maggio
To: councilmtgitems
Subject: May 9 Agenda -Consent Item 5J -Agreement for the Safe Routes to School Pedestrian Improvements at Six Schools Project to extend the term
Date: Wednesday, May 3, 2023 7:13:33 PM

EXTERNAL
We all want safe routes to school, however, this agreement leaves MANY COMMUNITY QUESTIONS UNANSWERED. We all deserve accountability for how our money is spent.

Why would we extend a contract through December of 2024 when two of the six schools for the "Approval of Modification of the Professional Services Agreement for the Safe Routes to School Pedestrian Improvements at Six Schools Project to extend the term" may never reopen in their current form or at all? Should the Council continue a path or spend money to design more curb extensions when those you've already approved and built violate State and County Fire Code? The Agreement in question, No. 10968 (CCS), was entered into between the City of Santa Monica and Design Consultant on 5/19/2020. The staff requests an extension through Dec of 2024.

Since then:

1. Two of the Six schools noted in the agreement have closed/relocated - SMASH & John Muir. Given the whimsical buying frenzy by the SMMUSD Board of Education, one never knows if these schools will return to their old school site.

The latest news is that costs to repair Muir & SMASH are escalating and that "an earliest possible completion date of December 2024." First set of questions
Would extending this contract mean the consultant will be planning Safe Routes to School for SMASH kids at the Obama Campus and not at their currently shuttered site?
If so, shouldn't that be noted in the agreement?
And What about John Muir? Other schools absorbed those students and many believe that school won't be returned to the community. So what would you be approving there?
Don't you need to clarify - restate - which school sites AND the locations of those school sites in this agreement extension?
If you don't know which schools/locations you'd be approving, why would it be okay for the City Council spend our money on designs, especially if they include illegal curb extensions?

2. We've learned that the City's current curb extensions are ILLEGAL because they are out of compliance with State & County LAW, having never been approved by the Fire Dept.

Section 503.4.1 Fire Code says "Traffic Calming Measures are PROHIBITED Unless approved by the Fire Department."
The attachment for this item includes a call for curb extensions which ITEM.5.J.

May 9, 2023
ITEM.5.J.

May 9, 2023

5.J.c
Packet Pg. 577 Attachment: ITEM.5.J.Written Comments (5719 : Contract Extension for Safe Routes to School Project at Six Schools) are traffic calming measures.

From agenda item 5J attachment:
• Utility relocation plans (Design Consultant have assumed minimum amount of relocations with the bulb-outs which will be coordinated with the appropriate utility company or agency)
• Storm Drain Relocation - This includes the catch basins affected by the proposed curb extensions which will require permitting by the County of LA • Pavement plans
• Landscape and irrigation plans - No Landscape and Irrigation Plans are anticipated.

Stantec will add landscape construction notes to the street plans directing the contractor to match adjacent existing conditions (i.e., concrete, grass, or DG but no irrigation) at the curb extensions.

Second set of questions
It looks like this contract places the contractor in the position of having to seek compliance with all laws including the Fire Dept approval for curb extensions. Should the City create this labor for the contractor after failing to comply with the law?
Will the City allow the contractor to overlook the law, as the City has done?
Will council direct staff to ask the SM Fire Department's approval on the curb extensions before we pay a contractor to plan for them? Will Council continue to ignore input and approval from the SM Fire Department or will you instead direct staff to ask the Fire Department to access every curb extension for each of the six schools? What about altering the contract to reflect the schools that are actively utilized?
Will Council ask staff if their plan is to circumvent the SMFD and instead seek approval from the County?
Please ask the questions and provide the community with the answers.

Approval of Modification of the Professional Services Agreement for the Safe Routes to School Pedestrian Improvements at Six Schools Project to extend the term Recommended Action
Staff recommends that the City Council:

2. Authorize the City Manager to negotiate and execute a first modification to Contract Agreement #10968 (Attachment
A) with Stantec Consulting Services, Inc. for the Safe Routes to School (SRTS) Pedestrian Improvements at Six Schools Project, to extend the term of the agreement through December 31, 2024.

Staff Report Printout
ITEM.5.J.

May 9, 2023
ITEM.5.J.

May 9, 2023

5.J.c
Packet Pg. 578 Attachment: ITEM.5.J.Written Comments (5719 : Contract Extension for Safe Routes to School Project at Six Schools) a. Attachment A: 6 Schools Contract 10968
b. Attachment B: November 12, 2019 Staff Report (Web Link) Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein ITEM.5.J.

May 9, 2023
ITEM.5.J.

May 9, 2023

5.J.c
Packet Pg. 579 Attachment: ITEM.5.J.Written Comments (5719 : Contract Extension for Safe Routes to School Project at Six Schools) A community group dedicated
to biking in Santa Monica.

Working to make the
City of Santa Monica a
more sustainable,
bikeable place to live, work and play.

May 09, 2023
Agenda Item 5J
Dear Mayor Davis, City Council and Management:

Santa Monica Spoke and the Santa Monica Safe Street Alliance support the staff recommendation to adopt a finding of statutory exemption (pursuant to Section 21080.25 of the California Environmental Quality Act (CEQA)) and the categorical exemptions pursuant to Sections 15301 and 15304 of the CEQA Guidelines.

We support Council to authorize the City Manager to negotiate and execute the modification to the Contract Agreement #10968 with Stantec Consulting Services, Inc. for the Safe Routes to School (SRTS) Pedestrian Improvements at Six Schools Project, to extend the term of the agreement through December 31, 2024 so these important safety enhancements can be completed as previously approved.

It is imperative that Santa Monica’s Mobility Division continues advancing its crucial safety improvements with Safe Routes to Schools (SRTS) Pedestrian Improvement with the Six Project Schools. These safety enhancements help achieve the City’s priorities of a Safe, Sustainable and Connected Community; and move us closer to the City Council’s Vision Zero commitment to eliminate serious traffic related injuries and fatalities by 2026. This project builds on the previous work with SRTS to encourage healthy active mobility with walking and bicycling by enhancing safety conditions and access surrounding the six schools: McKinley Elementary, Edison Language Academy, Santa Monica Alternative Schoolhouse (SMASH), John Muir Elementary, Franklin Elementary, and Grant Elementary.

After staffing capacity delays, due to the prioritization of other grant-funded capital projects with inflexible funding deadline requirements, this project design has resumed, however the work on this project will not be completed before the current approved contract expires.

Please approve the no-cost contract modification to extend the term to December 31, 2024, so staff has the appropriate time required to complete the important safety enhancement project.

Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SMSpoke.org
SaMoSafeStreets.org
ITEM.5.J.

May 9, 2023
ITEM.5.J.

May 9, 2023

5.J.c
Packet Pg. 580 Attachment: ITEM.5.J.Written Comments (5719 : Contract Extension for Safe Routes to School Project at Six Schools) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.K
1 of 4
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: Approval of Fifth Modification to Contract 10052 (CCS) with Granicus, Inc. to Extend the Agreement for Five Years
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. Authorize the City Manager to negotiate and execute a fifth modification to agreement #10052 (CCS) in the amount of $187,042.22 with Granicus, Inc., a California-based company to provide an Electronic Boards and Commissions Management system. This will result in a 14 year amended agreement with a new total amount not to exceed $407,805.22, with future year funding contingent on Council budget approval.

Summary
The City currently contracts with Granicus, Inc. for managed video services to archive and provide public access to Board, Commission and Council meetings. The Granicus solution uses modern, proven technology, has been adopted by many cities in the United States, and provides the necessary functionality to meet the needs of the City.

Staff recommends modifying the existing agreement with Granicus to extend the agreement for video services by five years through June 30, 2028 to ensure continued access to these video and meeting archives and continue to add new meeting content to Granicus. Moving away from Granicus at this time would be operationally unfeasible as it would require significant work to procure a new system and transfer all of the video and document files while we also continue to migrate our website to the new platform.

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Discussion
Since 2010, the City has utilized Granicus, Inc. to provide managed video service, including the live and archived video and audio streams of various public meetings including City Council meetings. On April 28, 2015 (Attachment A), Council authorized a new agreement with Granicus to provide managed video services for public meetings to be hosted on the City’s websites. The agreement was modified twice in the time that remained within the Council’s authorized amount. First, in 2016 the agreement was modified to add additional services related to the Council Chambers technology upgrade project. The agreement was again modified in 2020 to extend the agreement for one year. On June 22, 2021 (Attachment B) Council authorized an increase in authority of $91,311 to extend the agreement and add an Electronic Boards and Commissions Management system. The agreement was modified two more times under that authority in 2021 and in 2022.

Granicus’ Boards & Commissions module for the Granicus Open Platform system is widely used among United States cities. The Granicus Boards & Commissions module enables staff to manage and track applications as well as the appointment process, provide online information about applications and appointments, generate rosters, and other information. Granicus also provides the Electronic Boards and Commissions Management System.

Because Granicus technology is so heavily integrated into our Chambers and because of the level of effort required to migrate to another system, staff recommends extending the existing agreement for an additional five years to ensure continued access to public meeting archives and support future public meetings, including Council meetings.

Vendor/Consultant Selection
In 2015, the City issued an informal Request for Proposals (RFP) for a new boards and commissions management system in accordance with City Charter and Municipal Code provisions. The proposals were evaluated based on the following selection criteria:
price, the ability of the vendor to meet the project specifications as stated in the RFP, technical environment in which the system would operate, experience, references,

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project team, quality of work and technical capability, and overall responsiveness to RFP. Staff recommended Granicus, Inc. as the best qualified firm to provide an electronic boards and commissions management system based on experience, references, project team, cost, quality of work and technical capability, and overall responsiveness to RFP. Additional details may be found in the December 8, 2015 staff report (Attachment A). In 2021, Council approved a staff recommendation to continue using Granicus for these services, given the proficiency of their product and reduced staff capacity for exploring and identifying other options. Staff recommends extending the agreement for video services by five years through June 30, 2028 to ensure continued access to these video and meeting archives and continue to add new meeting content to Granicus. As previously mentioned, moving away from Granicus at this time would be operationally unfeasible as it would require significant work to procure a new system and transfer all of the video and document files while we also continue to migrate our website to the new platform.

Past Council Actions
Meeting Date Description
December 8, 2015
(Attachment A)
Council authorization for first modification for five year agreement with Granicus.

June 22, 2021
(Attachment B)
Council authorization for third modification for nine year agreement with Granicus and the addition of Electronic Boards and Commissions Management system.

Environmental Review
The contract modification is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The contract modification is covered by the common sense exemption 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 modification to the contract will provide the City with managed video services. Therefore, it can be seen with certainty that the proposed agreement would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

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Financial Impacts
Staff seeks authority to approve available funding from the General Fund to increase the amount of the contract with Granicus for agenda management and video storage services. Future year funding is contingent on Council budget approval.

Contract/Agreement/Purchase Order Modification Request
Agreement
#
Current
Authorized
Amount
FY 2023-24
Budget Modified
Requested
Amount
Future Year Modified
Request Amount
Dept/CIP Account Total Revised
Contract
Amount
10052 $220,763 $11,025
$21,500
$32,525
$154,518 01110001.529230
(Clerk)
01200009.552010
(CMO)
$407,806
Prepared By: David Gardinier, Assistant Administrative Analyst Approved Forwarded to Council
Attachments:

A. Dec 8, 2015 Staff Report
B. June 21, 2022 Staff Report
C. GRANICUS OAKS INITIATIVE FORM
D. Granicus PSA 10052-CCS (Original Agreement)
E. First Mod to Granicus 10052-CCS PSA
F. Granicus Second Modification
G. Granicus 3rd Modification
H. Granicus 4th Modification

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Packet Pg. 585 Attachment: Dec 8, 2015 Staff Report (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 586 Attachment: Dec 8, 2015 Staff Report (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 587 Attachment: Dec 8, 2015 Staff Report (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 588 Attachment: Dec 8, 2015 Staff Report (5725 : 5th Modification of Contract with Granicus) City Council
Report
City Council Meeting: June 22, 2021
Agenda Item: 3.H
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To: Mayor and City Council
From: Lane Dilg, Interim City Manager, City Manager's Office Subject: Third Modification to Contract 10052 (CCS) with Granicus, Inc. to Extend the Agreement for Three Years
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and execute a third modification to agreement #10052 (CCS) in the amount of $91,311 with Granicus, Inc., a California-based company to provide an Electronic Boards and Commissions Management system. This will result in a nine year amended agreement with a new total amount not to exceed $220,763, with future year funding contingent on Council budget approval.

Summary
The City currently contracts with Granicus, Inc. for Managed Video Services. These include the live and archived video and audio streams of various public meetings, including City Council meetings. The City has managed the Boards and Commissions appointment process on-line for over 10 years. The Granicus solution uses modern, proven technology, has been adopted by many cities in the United States, and provides the necessary functionality to meet the needs of the City. Staff recommends modifying the existing agreement with Granicus to extend the agreement for video services, including the Boards and Commissions module and upgraded streaming quality, by three years through 2024 to ensure continued access to these video and meeting archives and continue to add new meeting content to Granicus. Moving away from Granicus at this time would be operationally unfeasible as it would require significant work to procure a new system and transfer all of the video and document files while we also continue to migrate our website to the new platform.

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Packet Pg. 589 Attachment: June 21, 2022 Staff Report (5725 : 5th Modification of Contract with Granicus) 2 of 4
Discussion
Since 2010, the City has utilized Granicus, Inc. to provide managed video service, including the live and archived video and audio streams of various public meetings including City Council meetings. On April 28, 2015 (Attachment B), Council authorized a new agreement with Granicus to provide managed video services for public meetings to be hosted on the City’s websites. The agreement was modified twice in the time that remained within the Council’s authorized amount. First, in 2016 the agreement was modified to add additional services related to the Council Chambers technology upgrade project. The agreement was again modified in 2020 to extend the agreement for one year.

Granicus’ Boards & Commissions module for the Granicus Open Platform system is widely used among United States cities. The Granicus Boards & Commissions module enables staff to manage and track applications, the appointment process, provide online information about applications and appointments, generate rosters, and other information. Granicus also provides the Electronic Boards and Commissions Management System.

Because Granicus technology is so heavily integrated into our Chambers and because of the level of effort required to migrate to another system, staff recommends extending the existing agreement for an additional three years to ensure continued access to public meeting archives and support future public meetings, including Council meetings.

Staff will evaluate the marketplace during this time to determine and recommend whether we should continue with Granicus or return to the marketplace.

Past Council Actions
Meeting Description
December 8, 2015
(Attachment A)
Council authorization for first modification for five year agreement with Granicus.

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Packet Pg. 590 Attachment: June 21, 2022 Staff Report (5725 : 5th Modification of Contract with Granicus) 3 of 4
Vendor/Consultant Selection
In 2015, the City issued an informal Request for Proposals (RFP) for a new boards and commissions management system in accordance with City Charter and Municipal Code provisions. The proposals were evaluated based on the following selection criteria:
price, the ability of the vendor to meet the project specifications as stated in the RFP, technical environment in which the system would operate, experience, references, project team, quality of work and technical capability, and overall responsiveness to RFP. Staff recommended Granicus, Inc. as the best qualified firm to provide an electronic boards and commissions management system based on experience, references, project team, cost, quality of work and technical capability, and overall responsiveness to RFP. Additional details may be found in the December 8, 2015 staff report (Attachment A).

Financial Impacts
Staff seeks authority to approve funding from the General Fund to increase the amount of the agreement with Granicus for hosting public meeting video and agenda records for three additional years through June 30, 2024. Future year funding is contingent on Council budget approval.

Contract/Agreement/Purchase Order Modification Request

Agreement #
Current Authorized
Amount
FY 2021-22
Budget
Modified Request
Amount
Dept/CIP Account # Total Revised
Contract Amount
10052 $9,630 01110001.529230 (Clerk)
10052 $18,779 01200009.552010 (CMO)
$129,432 $28,409 TOTAL $220,763
Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council

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Packet Pg. 591 Attachment: June 21, 2022 Staff Report (5725 : 5th Modification of Contract with Granicus) 4 of 4
Attachments:

A. December 8, 2015 Staff Report: Council Authorization of First Modification with Granicus
B. OAKS INITIATIVE FORM Granicus

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Packet Pg. 592 Attachment: June 21, 2022 Staff Report (5725 : 5th Modification of Contract with Granicus)

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.

DocuSign Envelope ID: CF4C1FB1-0EFF-4BB2-9A5E-508F980FE387

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Packet Pg. 593 Attachment: GRANICUS OAKS INITIATIVE FORM (5725 : 5th Modification of Contract with Granicus)

CITY OF SANTA MONICA

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

Public benefits include:

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

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

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

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

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

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

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

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

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

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

Bid/PO/Contract # ____________________________ Permit # ___________________________ Maxwell Buccelli Manager, Contracts [email protected] 800-314-0147 Granicus, LLC Robert F. Smith, Patrick M. Severson, Mahmudul Amin, Ryan Atlas, Mark Hynes GovDelivery Holdings, LLC DocuSign Envelope ID: CF4C1FB1-0EFF-4BB2-9A5E-508F980FE387 6/2/2022

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Packet Pg. 594 Attachment: GRANICUS OAKS INITIATIVE FORM (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 595 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 596 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 597 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 598 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 599 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 600 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 601 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 602 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 603 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 604 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 605 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 606 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 607 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 608 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 609 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 610 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 611 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 612 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 613 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 614 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 615 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 616 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 617 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 618 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 619 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 620 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 621 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 622 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 623 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 624 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 625 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 626 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 627 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 628 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 629 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 630 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 631 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 632 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 633 Attachment: Granicus PSA 10052-CCS (Original Agreement) (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 634 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 635 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 636 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 637 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 638 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 639 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 640 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 641 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 642 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 643 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 644 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 645 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 646 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 647 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 648 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 649 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 650 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 651 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 652 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 653 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 654 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 655 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 656 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 657 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 658 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 659 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 660 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 661 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 662 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 663 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 664 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 665 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 666 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 667 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 668 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 669 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 670 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 671 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 672 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 673 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 674 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 675 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 676 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 677 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 678 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 679 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 680 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 681 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 682 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 683 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 684 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 685 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 686 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 687 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 688 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 689 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 690 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 691 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 692 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 693 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 694 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 695 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 696 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 697 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 698 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 699 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 700 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 701 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 702 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 703 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 704 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 705 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 706 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 707 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 710 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 711 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 712 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 713 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 714 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 715 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 716 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 717 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 718 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 719 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 720 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 721 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 722 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 723 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 724 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 725 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

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Packet Pg. 726 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus)

5.K.e
Packet Pg. 727 Attachment: First Mod to Granicus 10052-CCS PSA (5725 : 5th Modification of Contract with Granicus) 1 SECOND MODIFICATION OF AGREEMENT NO. 10052 (CCS)
This Second Modification of Agreement Number 10052 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Granicus, Inc. (“Granicus”) is made with reference to the following:

RECITALS
A. On or about June 3, 2015, the City and Granicus entered into Agreement Number 10052 (CCS) for Live streaming Audio/Video on Demand and Maintenance of Video Portal Web Pages (“Original Agreement”).

B. On or about January 4, 2016 the City and Granicus entered into a First Modification of Agreement Number 10052 (CCS) (“First Modification”) which included additional services to be performed by Granicus, and increased the contract price to pay for those additional services to not exceed $129,432. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City extended the Term of the Agreement for four additional one year terms ending on June 30, 2020. The Agreement does not permit additional extensions to the term without modification.

D. The City and Granicus desire to modify the Agreement to: allow for one additional one year term subject to the current not to exceed limit of $129,432 remaining in place and to include additional services to be performed by Granicus.

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

1. Section 1 of the Agreement entitled “Term,” including subsection 1.1 Options to Extend, shall be deleted in its entirety and replaced with the following paragraph:

Term. This Agreement begins on the Execution Date and terminates on June 30, 2021 unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

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

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

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

DocuSign Envelope ID: 30A578B1-1A4D-46D5-8C0B-B8B4E49C448C 6/30/2020

5.K.f
Packet Pg. 728 Attachment: Granicus Second Modification (5725 : 5th Modification of Contract with Granicus) 2 Compensation. The City will compensate Granicus for the Additional Services in an amount not to exceed $31,050, as set forth in Exhibit B2. The total contract price for services pursuant to the Original Agreement, the First Modification, and this Second Modification shall not exceed $129,463.

4. Exhibit A-2 and Exhibit B-2 are attached hereto and incorporated herein by this reference.

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

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 30A578B1-1A4D-46D5-8C0B-B8B4E49C448C Interim City Attorney
6/29/2020
George Cardona
Dawn Kubat
6/30/2020
VP of Legal
Granicus, Inc.

Lane Dilg
6/30/2020
City Clerk City Attorney
6/30/2020
Denise Anderson-Warren

5.K.f
Packet Pg. 729 Attachment: Granicus Second Modification (5725 : 5th Modification of Contract with Granicus) 3 Exhibit A-2, Scope of Services
DocuSign Envelope ID: 30A578B1-1A4D-46D5-8C0B-B8B4E49C448C

5.K.f
Packet Pg. 730 Attachment: Granicus Second Modification (5725 : 5th Modification of Contract with Granicus) 4 Exhibit B-2, Budget
Total: $31,050
DocuSign Envelope ID: 30A578B1-1A4D-46D5-8C0B-B8B4E49C448C

5.K.f
Packet Pg. 731 Attachment: Granicus Second Modification (5725 : 5th Modification of Contract with Granicus) 1 THIRD MODIFICATION OF AGREEMENT NO. 10052 (CCS)
This THIRD Modification of Agreement Number 10052 (CCS) (“Third Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Granicus, Inc. (“Granicus”) is made with reference to the following:

C. The City extended the Term of the Agreement for four additional one-year terms ending on June 30, 2020. The Agreement does not permit additional extensions to the term without modification.

D. On or about June 3, 2020 the City and Granicus entered into a Second Modification of Agreement Number 10052 (CCS) (“Second Modification”) which included: for one additional one year term subject to the current not to exceed limit of $129,463 remaining in place and to include additional services to be performed by Granicus. The Original Agreement as modified by the First Modification and the Second Modification are referred to collectively herein as “the Agreement.” E. While the City and Granicus were negotiating the Third Modification, the Agreement expired on June 30, 2021.

F. The City and Granicus desire to reinstate and amend the Agreement as if it had not expired, to extend the Term of the Agreement to June 30, 2022, to include additional services to be performed by Granicus during the extended Term, and to provide for additional compensation to Granicus for the additional services during the extended Term.

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

1. Section 1 of the Agreement entitled “Term,” including subsection 1.1 Options to Extend, shall be deleted in its entirety and replaced with the following paragraph:

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

DocuSign Envelope ID: 4CE24CEF-6D20-4977-8FFE-5597FEDA2EAD 7/22/2021

5.K.g
Packet Pg. 732 Attachment: Granicus 3rd Modification (5725 : 5th Modification of Contract with Granicus) 2 2. Section 2 of the Agreement entitled “Granicus Services” shall be modified by adding the following paragraph:

Additional 2021-2022 Services. Granicus will perform all of the additional services (“Additional 2021-2022 Services”) as described in Exhibit A-3. Granicus will complete the “Additional 2021-2022 Services in accordance with Exhibit B-3, Budget.

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

Compensation. The City will compensate Granicus for the Additional 2021-2022 Services in an amount not to exceed $28,408.50, as set forth in Exhibit B-3. The total compensation for all Services provided by Granicus pursuant to the Agreement and this Third Modification shall not exceed $157,871.50.

4. Section 10.1 of the Agreement entitled “Indemnification” shall be modified to add the following to the end of the second to last paragraph: “Except for Granicus’ indemnification obligations for third party infringement claims or for third party claims of personal injury, injury to tangible property or wrongful death resulting from negligence or willful misconduct, in no event will Granicus’ entire liability to the City under this Agreement exceed the greater of two (2) times the fees paid by the City to Granicus in the twelve (12) months prior to the claim, or Five Hundred Thousand Dollars ($500,000).”

5. Exhibit A-3 and Exhibit B-3 are attached hereto and incorporated herein by this reference.

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

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

DocuSign Envelope ID: 4CE24CEF-6D20-4977-8FFE-5597FEDA2EAD

5.K.g
Packet Pg. 733 Attachment: Granicus 3rd Modification (5725 : 5th Modification of Contract with Granicus) 3 ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 4CE24CEF-6D20-4977-8FFE-5597FEDA2EAD Interim City Attorney
7/21/2021
George S. Cardona
Granicus
Manager of Business and Contracts
Jessica Yang
7/21/2021
John Jalili
Interim City Manager
7/22/2021
City Clerk
8/2/2021
Denise Anderson-Warren

5.K.g
Packet Pg. 734 Attachment: Granicus 3rd Modification (5725 : 5th Modification of Contract with Granicus) 4 Exhibit A-3, Additional 2021/2022 Services
DocuSign Envelope ID: 4CE24CEF-6D20-4977-8FFE-5597FEDA2EAD

5.K.g
Packet Pg. 735 Attachment: Granicus 3rd Modification (5725 : 5th Modification of Contract with Granicus) 5 Exhibit B-3, Budget
The City will compensate Granicus for the Additional 2021-2022 Services in an amount not to exceed $28,408.50, as set forth below. The total compensation for all Services provided by Granicus pursuant to the Agreement and this Third Modification shall not exceed $157,871.50.

DocuSign Envelope ID: 4CE24CEF-6D20-4977-8FFE-5597FEDA2EAD

5.K.g
Packet Pg. 736 Attachment: Granicus 3rd Modification (5725 : 5th Modification of Contract with Granicus) 1 FOURTH MODIFICATION OF AGREEMENT NO. 10052 (CCS)
This Fourth Modification of Agreement Number 10052 (CCS) (“Fourth Modification”), entered into as of _________________, by and between the City of Santa Monica, a municipal corporation (“City”), and Granicus, Inc. (Granicus) is made with reference to the following:

C. On or about June 3, 2020 the City and Granicus entered into a Second Modification of Agreement Number 10052 (CCS) (“Second Modification”) which extended the Term for one additional year subject to the current not to exceed limit of $129,463 and adding additional services to be performed by Granicus.

D. While the City and Granicus were negotiating a Third Modification, the Agreement No. 10052 (CCS) expired on June 30, 2021.

E. On July 22, 2021, the City and Granicus executed a Third Modification which reinstated and amended Agreement Number 10052 (CCS) as if it had not expired, extended the Term to June 30, 2022, included additional services to be performed by Granicus during the extended Term, and provided for additional compensation to Granicus for the additional services. The Original Agreement as modified by the First Modification, the Second Modification, and the Third Modification is referred to herein as “the Agreement.” F. The City and Granicus desire to modify the Agreement to extend the Term to June 30, 2023 and to provide for additional compensation for the additional services during the extended Term.

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

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

Term. This Agreement begins on the Execution Date and terminates on June 30, 2023 unless terminated earlier as set forth in the Agreement or extended by the parties in writing.

DocuSign Envelope ID: AD1C6D39-229D-4BFF-8B88-B84427E5A136 7/8/2022

5.K.h
Packet Pg. 737 Attachment: Granicus 4th Modification (5725 : 5th Modification of Contract with Granicus) 2 2. Section 2 of the Agreement entitled “Granicus Services” shall be modified by adding the following paragraph:

Additional 2022-23 Services. Granicus will perform all of the additional services (“Additional 2022-23 Services”) described in Exhibit A4, Scope of Services. Granicus will complete the Additional 2022-23 Services in accordance with Exhibit B-4, Budget.

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

Additional Compensation for Additional 2022-23 Services. The City will compensate Granicus for the Additional 2022-23 Services in an amount not to exceed $30,397.10, as set forth in Exhibit B-4. The total compensation paid to Granicus for all services provided pursuant to the Agreement and this Fourth Modification shall not exceed $220,763.

4. Exhibit A-4 and Exhibit B-4 are attached hereto incorporated herein by this reference.

5. Execution in Counterparts. This Fourth Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Fourth Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

DocuSign Envelope ID: AD1C6D39-229D-4BFF-8B88-B84427E5A136

5.K.h
Packet Pg. 738 Attachment: Granicus 4th Modification (5725 : 5th Modification of Contract with Granicus) 3 6. Except as expressly modified by this Fourth Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.

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

ATTEST:
______________________________

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

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
Granicus Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: AD1C6D39-229D-4BFF-8B88-B84427E5A136

DOUGLAS SLOAN
City Attorney
7/1/2022
Manager, Renewals
Bernadette Foley
7/1/2022
Granicus, LLC
7/8/2022
Susan Cline
Acting City Manager
7/8/2022
Nikima Newsome
Assistant City Clerk

5.K.h
Packet Pg. 739 Attachment: Granicus 4th Modification (5725 : 5th Modification of Contract with Granicus) 4 Exhibit A-4 Additional 2022-23 Services
Granicus shall provide the Additional 2022-23 Services in accordance with the following statement of work:

DocuSign Envelope ID: AD1C6D39-229D-4BFF-8B88-B84427E5A136

5.K.h
Packet Pg. 740 Attachment: Granicus 4th Modification (5725 : 5th Modification of Contract with Granicus) 5 Exhibit B-4 Budget
Granicus shall provide the Additional 2022-23 Services as provided below and in an amount not to exceed $30, 397.10. The total compensation paid to Granicus for all services provided pursuant to the Agreement and this Fourth Modification shall not exceed $220,763.

DocuSign Envelope ID: AD1C6D39-229D-4BFF-8B88-B84427E5A136

5.K.h
Packet Pg. 741 Attachment: Granicus 4th Modification (5725 : 5th Modification of Contract with Granicus) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.L
1 of 2
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adopt Resolution Amending the Santa Monica City Council 2023 City Council Meeting Calendar
Recommended Action
Staff recommends that the City Council adopt the attached resolution amending the 2023 Council regular meeting calendar.

Summary
Charter section 611 requires the Council to hold two regular meetings per month, and that the meeting calendar shall be established by ordinance or resolution.

Discussion
Santa Monica City Charter section 611 states:

The City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.

The resolution amends Resolution No. 11493 (CCS), which authorizes the City Clerk to cancel a regular meeting for an anticipated lack of a quorum, and that additional regular meetings for 2023 may be scheduled by amendment to the resolution.

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2 of 2
Environmental Review
This is not a project under CEQA.

Financial Impacts and Budget Actions
None.

Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:

A. Reso 2023 Council Calendar 20230509

5.L
Packet Pg. 743
City Council Meeting: May 9, 2023 Santa Monica, California RESOLUTION NO. ____________(CCS)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE 2023 CITY COUNCIL MEETING CALENDAR

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Pursuant to Charter section 611, the City Council establishes the following regular meeting calendar for the year 2023:

January 10, 24
February 14, 28
March 14, 21
April 11, 25
May 9, 23
June 13, 27
July 118, 25
August 8 (cancelled), 22
September 12, 26
October 10, 24
November 11, 28
December 12, 19
SECTION 2. A scheduled regular meeting may be subject to cancellation by the City Clerk for anticipated lack of a quorum, and a regular meeting may be added by Council amending this resolution.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUG SLOAN
City Attorney

5.L.a
Packet Pg. 744 Attachment: Reso 2023 Council Calendar 20230509 [Revision 1] (5752 : Amend 2023 Council meeting calendar resolution) 1 March 14, 2023
(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 14, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:34 p.m., on Tuesday, March 14, 2023, at City Council Chambers, 1685 Main Street, 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 (arrived at 5:51 p.m.)
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
Assistant City Clerk Nikima Newsome
CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:34 p.m., with all members present except Councilmember Torosis. City Attorney Sloan led the assemblage in the Pledge of Allegiance.

GENERAL PUBLIC
INPUT:

Members of the public Donnie Longino, Grant Harris, Donald Hinchman, CAT, and Johnathan Foster commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

Member of the public Grant Harris commented on closed session items.

No members of the public commented on special agenda items.

No members of the public commented on consent calendar items.

CLOSED SESSIONS
(Mayor Davis recused from
Item 3.F. at 7:16 p.m.)
On order of the Mayor, the City Council recessed at 5:51 p.m., to consider closed sessions and returned at 7:31 p.m., with all members present, to report the following:

3.A Conference with Labor Negotiator: Government Code Section 54957.6 – City Representatives: City Manager David White and Chief People Officer Lori Gentles; Human Resources Manager Robert Scalise; Alexander Volberding, Liebert Cassidy Whitmore; Bargaining Unit: ATA-Administrative Team Associates

5.M
Packet Pg. 745 Minutes Acceptance: Minutes of Mar 14, 2023 5:30 PM (CONSENT CALENDAR) 2 March 14, 2023
The City Attorney advised this matter was heard with no reportable action taken.

3.B Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): City of Santa Monica, et al. v. 1238 10th Street, LLC., et al.; LASC Case No. 21SMCV01585 The City Attorney advised this matter was heard with no reportable action taken.

3.C Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1): NMS 1539, LLC., et al. v.

City of Santa Monica, et al.; Central District of California Case No. 2:20-cv-11318-FLA(JPRx)
The City Attorney advised this matter was heard with no reportable action taken.

3.D Conference with Legal Counsel – Anticipated Litigation – Government Code section 65589.5(d): WS Communities v. City of Santa Monica
The City Attorney advised this matter was heard with no reportable action taken.

3.E Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Santa Monica-Malibu School District, et al. v. Los Angeles County Committee on School District Organization; LASC Case No. 22STCP00986
The City Attorney advised this matter was heard with Council approving the City participating in an appeal with a vote of 4-3, with Councilmembers Brock, de la Torre, and Parra voting against the item.

3.F Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1): Lenka Kabilka v. City of Santa Monica; LASC Case No. 22STCV37782
The City Attorney advised this matter was heard with the Council approving defending the case with a vote of 6-0 with Mayor Davis recusing herself.

SPECIAL AGENDA
ITEMS:

4.A. City Manager's Report, was presented.

REPORT ON COUNCIL There was nothing to report on Council travel.

5.M
Packet Pg. 746 Minutes Acceptance: Minutes of Mar 14, 2023 5:30 PM (CONSENT CALENDAR) 3 March 14, 2023
TRAVEL
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a Councilmember for discussion.

At the request of Councilmember Brock, Item 5.B. was removed from the Consent Calendar.

At the request of Councilmember de la Torre, Item 5.E. was removed from the Consent Calendar.

Motion by Councilmember Torosis, seconded by Councilmember Brock, to approve the Consent Calendar except for Items 5B. and 5.E., reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
BILLING SYSTEM 5.A. Approval of Fourth Modification to Contract #9649 (CCS) with Harris Computer Systems Corporation for Software Licensing for the NorthStar Utility Billing System, was approved.

Recommended Action
Staff recommends that the City Council:

1. 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.

2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #9649 (CCS) in the amount of $550,000 with Harris Computer Systems Corporation to extend maintenance and support services for an additional five-year period. This modification would result in a 15-year amended agreement with a new total amount not to exceed $1,362,703, with future year funding contingent on Council budget approval.

WATER GRANT FUNDS 5.C. Adoption of Resolution No. 11504 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AUTHORIZING THE CITY MANAGER TO APPLY FOR,

NEGOTIATE, AND ENTER INTO A CALIFORNIA STATE

DEPARTMENT OF WATER RESOURCES URBAN

COMMUNITY DROUGHT RELIEF GRANT PROGRAM AGREEMENT
FOR THE CITY OF SANTA MONICA DROUGHT RELIEF PROJECT”

5.M
Packet Pg. 747 Minutes Acceptance: Minutes of Mar 14, 2023 5:30 PM (CONSENT CALENDAR) 4 March 14, 2023
and Resolution No. 11505 (CCS) entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING

THE CITY MANAGER TO APPLY FOR GRANT FUNDS FOR A

UNITED STATES DEPARTMENT OF INTERIOR BUREAU OF
RECLAMATION WATERSMART: WATER RECYCLING AND

DESALINATION PLANNING GRANT, AND TO NEGOTIATE AND

ENTER INTO A GRANT AGREEMENT WITH THE UNITED STATES

BUREAU OF RECLAMATION AND ANY AMENDMENTS
THERETO”, was approved.

Recommended Action
Staff Recommends that the City Council:

1. Adopt the attached resolutions authorizing the application for grants funds in the amount of $22.8 million with the California State Department of Water Resources’ Urban Community Drought Relief Grant Program and $961,033 with the United States Bureau of Reclamation’s WaterSMART: Water Recycling and Desalination Planning Grant Program.

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

3. Adopt a finding of Categorical Exemption pursuant to Section 15262, Section 15302, Section 15303, Section 15304, and Section 15306 of the California Environmental Quality Act (CEQA) Guidelines.

EMPLOYEE BENEFITS 5.D. Award Contract No. 11367 (CCS) to Alliant Insurance Services, Inc. for Employee Benefit Consulting Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. 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.

2. Authorize the City Manager to negotiate and execute an agreement with Alliant Insurance Services, Inc. for employee benefit consulting services for the Human Resources Department. This recommended award is made as an exception to the competitive bidding process pursuant to Municipal Code section 2.24.250 (c) and is for a total amount not to exceed $550,000 (including a $54,320 contingency) over five years with future year funding contingent on Council budget approval.
1427 LINCOLN

BOULEVARD

5.F. Adoption of Resolution No. 11507 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

5.M
Packet Pg. 748 Minutes Acceptance: Minutes of Mar 14, 2023 5:30 PM (CONSENT CALENDAR) 5 March 14, 2023

MONICA ACCEPTING AND APPROVING THE FINAL SUBDIVISION
MAP FOR TRACT NO. 83026 TO SUBDIVIDE A PROPERTY AT 1427 LINCOLN BOULEVARD”, was approved.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Statutory Exemption (Approval of Final Subdivision Map) pursuant to Section 15268(b)(3) of the California Environmental Quality Act.

2. Adopt the attached resolution approving Final Tract Map No. 83026 for an airspace subdivision of 30 residential condominium units and two commercial condominium units located at 1427 Lincoln Boulevard.

PUBLIC WORKS

SOFTWARE

5.G. Approval of Third Modification to Contract #10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System for the Public Works Department, was approved.

Recommended Action
Staff recommends that the City Council

1. 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.

2. Authorize the City Manager to negotiate and execute a third modification to Contract 10419 (CCS) with Infor Global Solutions for the Computerized Maintenance Management System (CMMS) agreement with the Water Resources Division for the Public Works Department. This modification is to extend the agreement for an additional two years in the amount of $180,000, for a total amount not to exceed $1,169,334 for a total contract term of twenty-four years.
3200 AIRPORT AVENUE 5.H. Award Bids for 3200 Airport Ave Renovation Hazmat Abatement and Adopt a Finding of Categorical Exemption Under Sections 15301, 15302, and 15308 of the California Environmental Quality Act Guidelines, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award Bid #SP2660 to Unlimited Environmental, Inc. for 3200 Airport Avenue hazardous material abatement services for the Public Works Department;

2. Authorize the City Manager to negotiate and execute Agreement No. 11370 (CCS) with Unlimited Environmental, Inc., in an amount not to exceed $229,702 (including a $38,284 contingency);

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3. Award Bid #SP2660 to Unlimited Environmental, Inc. for on-call hazardous material abatement services for the Public Works Department;

4. Authorize the City Manager to negotiate and execute Agreement No. 11371 (CCS) with Unlimited Environmental, Inc., in an amount not to exceed $1,500,000 for three years, with two-additional oneyear renewal options in the amount of $500,000, on the same terms and conditions for a total amount not to exceed $2,500,000 over a five-year period, with future year funding contingent on Council budget approval.

5. Award Bid #SP2660 to Castlerock Environmental, Inc. for on-call hazardous material abatement services for the Public Works Department;

6. Authorize the City Manager to negotiate and execute Agreement No. 11372 (CCS) with Castlerock Environmental, Inc., in an amount not to exceed $1,500,000 for three years, with twoadditional one-year renewal options in the amount of $500,000, on the same terms and conditions for a total amount not to exceed $2,500,000 over a five-year period, with future year funding contingent on Council budget approval.

7. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement/Reconstruction), and 15308 (Actions for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines.

CONFLICT OF

INTEREST CODE

5.I. Adoption of Resolution No. 11508 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA REPEALING RESOLUTION NUMBER 11306
(CCS) AND AMENDING THE CITY'S CONFLICT OF INTEREST

CODE TO REVISE THE DESIGNATED POSITIONS FOR WHICH

STATEMENTS OF ECONOMIC INTEREST ARE REQUIRED TO BE
FILED”, was approved.

Recommended Action
Staff recommends that the City Council update the City’s Conflict of Interest Code by adopting the proposed resolution.

HUMAN RESOURCES

SOFTWARE

5.J. Approval of Revised Contract Amount for Benefit
Administration Software with PlanSource for Human Resources Department, was approved.

Recommended Action
Staff recommends that the City Council:

1. 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)

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Guidelines.

2. Authorize the Procurement Manager to increase the contract amount for the Human Resources Department with PlanSource for benefit administration software in an amount not to exceed $336,000, which covers an overage on the previous Council budget
authorization and covers future services until the anticipated end of the contract on July 1, 2023.

MINUTES 5.K. Minutes of the City Council Special Meeting - February 22, 2023, were approved.

MINUTES 5.L. Minutes of the City Council Regular and Special Joint Meeting - February 28, 2023, were approved.

SURPLUS PROPERTIES 5.B. Adoption of Resolution No. 11503 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA, CALIFORNIA, DECLARING THAT CERTAIN REAL
PROPERTY OWNED BY THE CITY LOCATED AT 1217 EUCLID
STREET, 1211-1217 FOURTEENTH STREET, AND 1146 SIXTEENTH

STREET QUALIFIES AS EXEMPT SURPLUS LAND UNDER THE
SURPLUS LAND ACT BECAUSE PROPOSED FOR 100%

AFFORDABLE HOUSING DEVELOPMENT AND NOT NECESSARY
FOR THE CITY’S USE; AND FINDING THAT SUCH DECLARATION

IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING
RELATED ACTIONS”, was approved.

Recommended Action
Staff recommends that the City Council:

1. Declare three City-owned properties located at 1217 Euclid Street (APN 4282-004-900), 1211-1217 Fourteenth Street (APN 4282-003-900 and - 901), and 1146 Sixteenth Street (APN 428-1005-900) as “exempt surplus land” as defined in Government Code Section 54221(f);

2. Adopt a Resolution declaring the City-owned properties at 1217 Euclid Street, 1211-1217 Fourteenth Street, and 1146 Sixteenth Street as exempt surplus land, and authorize the City Manager or his or her designee to take implementing actions necessary to comply with the Surplus Land Act (Government Code sections 54220 et seq.; and

3. Authorize the City Manager or his or her designee to submit the report of declared exempt surplus land as part of the Annual Report to the California Department of Housing and Community Development (HCD), in conformance with state law.

4. 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 and find that the issuance of a Request for Proposal for affordable housing on the City5.M Packet Pg. 751 Minutes Acceptance: Minutes of Mar 14, 2023 5:30 PM (CONSENT CALENDAR) 8 March 14, 2023
owned properties at 1217 Euclid Street, 1211-1217 Fourteenth Street, and 1146 Sixteenth Street are consistent with the certified 6th Cycle Housing Element Environmental Impact Report.

Questions asked and answered of staff included: Will public parking still be available at the location at 1211-1217 Fourteenth Street after it is redeveloped; what is the timeline for the RFP and getting the project started; is one development team being selected for this project; what action is being taken on this tonight; what is the commitment; would parking requirements be considered a constraint on the Housing Element; does the Surplus Land Act statute also cover the creation of affordable homes for ownership; is staff considering any properties for home ownership or for a rent to own concept; are there amenities such as community rooms being considered as part of the project and will there be a time for Council to provide such direction.

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

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

FREEWAY

MAINTENANCE

5.E. Adoption of Resolution No. 11506 (CCS) to Enter into Updated Freeway Maintenance Agreement No. 11368 (CCS) and Negotiate Delegated Maintenance Agreement No. 11369 (CCS) with Caltrans, was approved.

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. Adopt the attached Resolution authorizing the City Manager to enter into a new updated Freeway Maintenance Agreement with the California Department of Transportation (Caltrans).

3. Authorize the City Manager to negotiate and execute a Delegated Maintenance Agreement with Caltrans to obtain reimbursement for maintenance work performed by the City on State routes within City boundaries.

Questions asked and answered of staff included: Who has the responsibility for cleaning and maintaining certain areas of the off ramps on the freeway; can a list be provided of areas that are not being properly

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maintained that can be a part of the quarterly community cleanups; and can Councilmembers do a walk through of the areas to address maintenance concerns that are not being performed by Caltrans that are under its purview.

Motion by Councilmember de la Torre, seconded by Councilmember Brock, to adopt the staff recommendation. 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

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Denise Barton commented on Items 10.C., 16.A.,

16.F., David Morris commented on Item 11.A., Albin Gielicz and Kara Taub on Item 16.E., Nicole Faries and Jennifer Smith on Item 16.B.

ORDINANCES:

THIRD STREET

PROMENADE

10.A. Second Reading and Adoption of Interim Zoning Ordinance No. 2738 (CCS) entitled “AN INTERIM ZONING ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.10.040

ELIMINATING THE PROHIBITION ON FAST FOOD RESTAURANTS

IN ESTABLISHMENTS WITH FRONTAGE ON THE THIRD STREET
PROMENADE”, was presented.

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

Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to adopt the ordinance, reading by title only and waiving further reading thereof. 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

WIRELESS FACILITIES
(Mayor Davis recused at 8:12
p.m.)

10.B. Introduction and Adoption of Emergency Interim Zoning Ordinance No. 2739 (CCS) entitled “AN EMERGENCY INTERIM

ZONING ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA TO CONFIRM THE APPLICABILITY OF

CERTAIN ZONING AND HEALTH AND SAFETY REGULATIONS TO

WIRELESS FACILITIES SUBJECT
TO SANTA MONICA MUNICIPAL CODE CHAPTER 9.32”, was

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presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce and adopt an emergency Interim Zoning Ordinance to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.

Motion by Councilmember Brock, seconded by Councilmember Torosis, to adopt a finding of Categorical Exemption pursuant to Section 1503 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) Guidelines. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete
NOES: None
ABSENT: Mayor Davis
Motion by Councilmember Brock, seconded by Councilmember Parra, to introduce and adopted on first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete
NOES: None
ABSENT: Mayor Davis
ZONING
(Mayor Davis returned at
8:21 p.m.)
(Councilmember de la Torre
left the dais at 8:21 p.m. and
returned at 8:25 p.m.)
(Councilmember Torosis left
the dais at 9:03 p.m. and
returned at 9:06 p.m.)

10.C. Introduction and First Reading of an Ordinance Amending the Text of the Zoning Ordinance to Establish an Outdoor Space Program to Allow Outdoor Commercial Activity on Privately-Owned Property and Other Minor Amendments Related to Emergency Response and Economic Recovery, Including Extension of Certain Permit Timeframes; Adoption of Resolution No. 11509 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ESTABLISHING A FEE FOR ZONING CONFORMANCE

REVIEW OF OUTDOOR COMMERCIAL USES ON PRIVATE
PROPERTY”, was presented.

Recommended Action
Staff recommends that the City Council:

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1. Adopt a finding of Categorical Exemption pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an ordinance to amend the text of the Zoning Ordinance to establish an Outdoor Space Program allowing outdoor commercial activity on privately-owned property and other minor amendments related to emergency response and economic recovery, including extension of certain permit timeframes.

3. Adopt a Resolution establishing a fee review of applications subject to the Outdoor Space Program.

Questions asked and answered of staff including do restaurants have to apply for an additional liquor license for the outdoor portion even if they are already licensed; are businesses paying a percentage of sales as well as for the additional square footage; are restaurants at the Pier using additional space in the back; can the indoor portion remain open while the outdoor portion is closed; is staff going door to door to provide outreach about the program; is Economic Development providing one on one technical assistance with the application process; is there a fee waiver program; have all personal guarantees been eliminated; can CUPs for those businesses permitted to serve alcohol be grandfathered in for spaces that closed during the pandemic; is there a time of day when the noise ordinance takes effect; does this ordinance prohibit outdoor amplified sound; will staff keep track of what actions they take in regard to administrative regulations and not make them too cumbersome; how late will the Pier be open during the summer; has it been considered to allow exceptions on amplified sound limitations for special events such as the Super Bowl; are there businesses interested in using under utilized parking lots as part of their business operation; are businesses beyond the 15 foot setback being grandfathered; and what is the wastewater payment structure.

Motion by Councilmember Brock, seconded by Mayor Pro Tem Negrete, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof and to adopt a resolution establishing a fee review of applications subject to the Outdoor Space Program. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Mayor Pro Tem Negrete, seconded by Councilmember de la Torre, to direct staff to further explore the consideration of allowing other

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utilizations for underutilized privately owned lots that are not connected to other brick and mortar businesses. The motion was approved by unanimous voice vote with all members present.

STAFF

ADMINISTRATIVE
ITEMS:

BOARDS AND

COMMISSIONS

11.A. Adoption of Resolution No. 11510 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA ESTABLISHING POLICIES FOR CITY BOARDS,

COMMISSIONS, COMMITTEES, TASK FORCES, AND REGIONAL

ADVISORY BOARDS, AND REPEALING RESOLUTION NUMBER
11396 (CCS)”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a resolution amending the Policies for City Boards, Commissions, Committees, Task Forces, and Regional Advisory Boards, and repealing Resolution No. 11396 (CCS) and

2. Consider an attendance policy regarding board/commission members attending meetings via teleconferencing rules under the Brown Act.

Questions asked and answered of staff included why is the attendance policy from AB 2449 being proposed when the City doesn’t have the resources to implement the legislation as intended; what is the current onboarding process; have videos on demand been considered as a way to provide onboarding training; when can hybrid meetings be implemented; does Section 3 of the resolution apply to members of independently elected boards; what is the cost for implementing hybrid meetings and are there grants available; diversity outreach strategy; and when will the annual demographic report be completed.

Considerable discussion ensued on topics including, but not limited to an explanation of the memo issued by the City Attorney regarding if the City is required to provide reasonable accommodations to enable board and commission members to attend meetings; creating videos on demand for the board and commission onboarding process; the intent and language of Section 3 of the resolution; outreach for new members; and diversity training for board and commission members.

A substitute motion was made by Councilmember de la Torre and seconded by Councilmember Brock to not allow an elected official to serve on a Santa Monica City Council appointed board. The motion failed by a vote of 3-4 with Councilmembers Parra, Brock, and de la Torre voting in the affirmative and Councilmembers Zwick and Torosis, Mayor Pro Tem Negrete and Mayor Davis voting against the motion.

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Motion by Mayor Davis, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation, with the exception of the attendance policy, and clarifying that Section 3 shall state that no person shall serve on more than one Santa Monica City Council appointed board. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
PUBLIC HEARINGS:

SUSTAINABLE CITY
PLAN
(Councilmember de la Torre
left the dais at 10:34 p.m. and
returned at 10:38 p.m.)
(Parra left the dais at 10:57
p.m. and returned at 10:59
p.m.)

12.A. Sustainable City Plan Update, was presented.

Recommended Action
Staff recommends that the City Council:

1. Hold a public hearing, receive public comment and accept the proposed 2022 Sustainability Rights Report pursuant to Santa Monica Municipal Code (SMMC) Chapter 12.02 Sustainability Rights.

2. Adopt an updated Sustainable City Plan with indicators and targets for 2030 and add an Equity and Inclusion Guiding Principle (Attachment A).

3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and Section 15308 (Actions for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines.

Members of the public Jerry Rubin and Denise Barton, spoke to the recommended action.

Questions asked and answered of staff included where are the indicators that determine outcomes the City is trying to achieve; was the drop in emissions due to the lack of traffic resulting from the COVID-19 pandemic; why are certain indicators represented in percentages rather than raw numbers and how is it helpful; why are there no targets for certain metrics; is the loss of trees on private property due to new construction and redevelopment; can a tree replacement policy be developed for every tree removed; what is the City proposing in regard to the existing building electrification roadmap and what does the roadmap look like, what buildings are affected; what stage is the plan in; how will it align with state requirements; will subsidies be available for residents to convert from natural gas to electric; what can be done to spur the growth of an urban forest in the City; what are the actions and policies that the City should focus on to achieve equity and racial justice in regards to sustainability; and what prevented reaching the walkability goal of living within a quarter mile of a grocery store.

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Considerable discussion ensued on topics including, but not limited to a pilot program for transitioning from gas to electric; leveraging student clubs at Santa Monica High School to educate and engage youth; making better efforts to increase green jobs; creating a dashboard to identify top metrics and outcomes; programs for small businesses; not using the pandemic as a baseline of progress; having a list of sustainability metrics in various City policies to demonstrate how the sustainability plan is being brought forward; the effect of development in R-1 neighborhoods on the tree canopy; grants to decrease traffic deaths; and infrastructure grants to decrease the negative health effects of wildfires.

Motion by Councilmember Torosis, seconded by Mayor Pro Tem Negrete, to adopt the staff recommendation. 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
RESOLUTIONS:

CONCEALED CARRY
FEES

14.A. Adoption of Resolution No. 11511 (CCS) entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA MONICA ESTABLISHING A CONCEALED CARRY
WEAPON PERMIT FEE”, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt the attached resolution establishing certain concealed carry weapon license fees for new applications, renewal applications, and amended licenses, setting maximum and current fees, and authorizing the charging of higher fees if State law changes. (Attachment A)

2. Staff recommends the Council 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.

Questions asked and answered of staff included is it legally binding that the good cause provision be discontinued; what type of psychological evaluation is required with the renewal fee; is the number of residents that have a CCW license known; when can a carrier of a CCW license use and not use their weapon; have there been any incidents in Santa Monica; will background and psychological checks include calls and proclivities to domestic violence; does the City have control over where CCW carriers can bring their weapons; what is the proposed fee the City is proposing; is there any authority to charge a higher fee.

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Considerable discussion ensued on topics including, but not limited to is it legally binding to drop the clause; what kind of psychological evaluation is involved with the renewal process; do we know how many licenses are in Santa Monica; when is it legal or illegal to reveal a weapon; has anyone in the City of Santa Monica been involved with pulling out their concealed weapon; would contact with law enforcement be included in the review process pertaining to domestic violence; would proclivity be involved in a domestic violence situation as part of the psychological exam; can the City limit where a CCW be carried; and does the City have any authority to charge a higher fee.

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

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

COUNCILMEMBER
DISCUSSION ITEMS:

LEAFBLOWERS

16.A. Request of Councilmembers Zwick and Brock to ask the City Attorney and City Manager to return to City Council with amendments and updates to the Municipal Code to prohibit gasoline powered leaf blowers, allowing for electric leaf blowers and enhancing enforcement of the prohibition on gas powered leaf blowers. Also, request the City Manager to return with potential funding sources to incentivize conversion to electric leaf blowers. A draft ordinance amendment is attached, was presented.

Motion by Councilmember Zwick, seconded by Councilmember Brock, to adopt the recommendation. The motion was approved by voice vote with Councilmembers de la Torre, Torosis, Brock, Zwick, and Mayor Pro Tem Negrete voting in the affirmative and Councilmember Parra and Mayor Davis voting against the item.

SAMOHI GRAD NITE 16.B. Request of Mayor Davis and Mayor Pro Tem Negrete that the City Council allocate $10,000 of discretionary funds to Samohi Grad Nite, a 501(c)3, to enable over 165 low-income students to attend. This would close the shortfall between previous City funding allocated as part of the annual budget and the organization’s expenses for June 2023. For over 30 years, Grad Nite has provided a safe, secure venue for graduating Santa Monica High School seniors to celebrate their achievements, was presented.

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

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AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
PRIDE ACTIVITIES 16.C. Request of Mayor Davis and Councilmember Zwick that the Council allocate $10,000 of its discretionary funds to support Pride activities this year. Organizers are working with the Pier, Downtown Santa Monica, Santa Monica Travel and Tourism, and Santa Monica Place to return Pride activities to the City sometime in June. Current plans are for a one-day, family-friendly celebration with installations in Downtown Santa Monica, at the Pier, and Santa Monica Place. Total budget for the event presently is $30,000-$40,000 and a $10,000 contribution will allow the City to be a sponsor of the event. Other organizations are contributing similar amounts as part of their sponsorship, was presented.

Motion by Councilmember Zwick, seconded by Mayor Pro Tem Negrete, to adopt the recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None

SANTA MONICA

ANIMAL SHELTER

FOUNDATION

16.D. Request of Mayor Davis and Councilmember Torosis that the City Council allot $10,000 of its discretionary funds to the Santa Monica Animal Shelter Foundation. The funds will be used to help create a proper turfed play area for dogs at the Santa Monica Animal Shelter. The shelter needs a proper area where dogs can play and exercise and interact with potential adopters and shelter volunteers.

Currently, the play area is all dirt which makes it unusable and unpleasant much of the time and it has repeatedly flooded in recent rains. Creating a properly turfed area will greatly benefit shelter dogs’ wellbeing while waiting for their forever home. The estimated total cost of the project is $30,000 and the Foundation plans to seek private donations for the additional monies needed to complete the project, was presented.

Motion by Mayor Davis, seconded by Councilmember Torosis, to adopt the recommendation. 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

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ABSENT: None

MONTANA AVENUE

MERCHANTS

ASSOCIATION ART
WALK

16.E. Request of Mayor Davis and Mayor Pro Tem Negrete that the City Council allocate up to $10,000 of their Discretionary Funds to the Montana Avenue Merchants Association, a 501 (c) (3) for their annual Art Walk that is planned for September 30, 2023. The Art Walk is a one-day outdoor art festival that takes place along the Montana Ave. business corridor, from 6th - 17th Streets. The event includes performance artists, live music, and interactive art activities for children and adults. Art Walk has been an annual event for the past 10 years and has become one of Montana Avenue’s signature events.

The funding will be used to offset costs related to supporting an enhanced and expanded event including the costs associated with potentially closing portions of Montana Avenue, was presented.

Motion by Mayor Pro Tem Negrete, seconded by Councilmember Torosis, to adopt the recommendation. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
1318-1320 4TH STREET 16.F. Request of Councilmember de la Torre and Mayor Pro Tem Negrete to determine the costs to improve the vacant lot at 1318-1320 4th Street to allow for sustained parking and other uses until development of the affordable housing project designated for the property commences, was withdrawn.

ARCHITECTURAL

REVIEW BOARD

16.G. Appointment to one unscheduled vacancy on the Architectural Review Board for a term ending on June 30, 2023, was presented.

On order of the Mayor, the floor was opened for nominations.

Edward Scott was voted by acclamation – unanimous vote in their favor.

DISABILITIES

COMMISSION

16.H. Recommendation to accept Evan Nicholas' resignation from the Disabilities Commission and authorize the City Clerk to publish the vacancy, was presented.

Motion by Mayor Davis, seconded by Councilmember Negrete, to accept the resignation with regret.

The motion was approved by a unanimous voice vote, with all members present.

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ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 12:58 a.m. in memory of Jerry Manpearl and Peter Provenzale.

ATTEST: APPROVED:

Nikima S. Newsome Gleam Davis
Assistant City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
MARCH 21, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:40 p.m., on Tuesday, March 21, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (arrived at 5:42 p.m.)
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 On order of the Mayor, the City Council convened at 5:40 p.m., with all members present except Councilmember de la Torre.

GENERAL PUBLIC
INPUT:

Councilmember de la Torre
arrived at 5:42 p.m.

Members of the public Denise Barton, Johnathan Foster, Troy Robinson, and Isabel Cruz commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

There were no members of the public present to comment on closed session, special agenda items or Consent Calendar items.

PROCLAMATIONS/

COMMENDATIONS

4.A. Proclamation: Red Cross Month, was presented.

CLOSED SESSIONS On order of the Mayor, the City Council recessed at 5:55 p.m., to consider closed sessions and returned at 6:59 p.m., with all members present, to report the following:

3.A. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Thomas Metzger v. City of

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Santa Monica; LASC Case No. 21STCV36815
The City Attorney advised this matter was heard with no reportable action taken.

3.B. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): City of Santa Monica, et al. v. 1238 10th Street, LLC., et al.; LASC Case No.

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

3.C. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1): NMS 1539, LLC., et al. v.

City of Santa Monica, et al.; Central District of California Case No. 2:20-cv-11318-FLA(JPRx)
The City Attorney advised this matter was heard with no reportable action taken.

3.D. Conference with Legal Counsel – Anticipated Litigation – Government Code section 65589.5(d): WS Communities v. City of Santa Monica
The City Attorney advised this matter was heard with no reportable action taken.

SPECIAL AGENDA
ITEMS:

4.B. City Manager's Report, was presented.

REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he traveled to Monterey, CA for the Civic Well Conference where a lot of conversations about infrastructure and Councilmember Zwick also attended the same conference where there was a lot of discussion on Climate resiliency, Climate issues as it relates to Housing and transportation issues.

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

Motion by Councilmember Brock, seconded by Councilmember Torosis, to approve the Consent Calendar, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis

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Packet Pg. 764 Minutes Acceptance: Minutes of Mar 21, 2023 5:30 PM (CONSENT CALENDAR) 3 March 21, 2023
NOES: None
ABSENT: None
GRANT AWARD 5.A. Accept Officer Wellness & Mental Health Grant, was approved.

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. Authorize the City Manager to accept a grant awarded in the amount of $141,118.62 from the California Board of State and Community Corrections (BSCC) for the Officer Wellness and Mental Health Grant Award.

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

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

SANTA MONICA

COLLEGE

5.B. Approval of First Modification to Contract #11059, Any Line Any Time Pass Program for Santa Monica College, was approved.

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. Authorize the City Manager to negotiate and execute a first modification to Contract #11059, the “Any Line, Any Time” unlimited ride transit program agreement with Santa Monica College (SMC), to extend the term of the agreement by one year through June 30, 2024, and to receive compensation in the amount of $1,129,000 from SMC for the remaining two contract years ending June 30, 2024.

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Jenny Hontz, Ed Mendoza, Joanna Elliot, Michelle Ashford, Allison Abner, Alejandra Pedroza, Luis Pedroza, Silvia Chavez, Denise Barton, and Kevin Kozal commented on Item 10.A.

Member of the public Denise Barton commented on Item 16.A.

Members of the public Denise Barton, Johnathan Foster, Marcus Stilwell, and Ericka Lesley commented on Item 16.B.

Members of the public Balvino, Patricia Gomez, Alfredo Miguel, Johnathan Foster, Dulce, Carlos Uluan, Delia Lopez, Jorge Cruz, Marina

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Garcia, Carmen Garcia, and Angelica commented on Item 16.C.

ORDINANCES:

HOUSING ELEMENT

10.A. Housing Element Implementation, was presented.

Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that the proposed amendments to the LUCE, DCP, BAP, and Zoning Ordinance, LUCE designation map, and Zoning Districting Map, LUCE designation map, and Zoning Districting Map were analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) and Addendum, and no further review pursuant to the California Environmental Quality Act (CEQA);

2. Adopt a finding that the proposed extension of the Urgency Interim Zoning Ordinance are categorically exempt from the provisions of the CEQA pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exemption);

3. Adopt Resolution No. 11512 (CCS) Amending the Text of the Land Use and Circulation Element of the General Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element; (Requires 5 votes to pass)

4. Adopt Resolution No. 11513 (CCS) Amending the Text of the Bergamot Area Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element;

5. Adopt Resolution No. 11514 (CCS) Amending the Text of the Downtown Community Plan for Consistency with the Goals, Policies and Program set forth in the 6th Cycle (2021-2029) Housing Element; (Requires 5 votes to pass)

6. Introduce for First Reading of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-2029) Housing Element; for Consistency with Updates to State Law Related to Housing Production and Minimum Parking Requirements; and to Make Minor Changes, Clarifications and Corrections Including Modifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District and Modifications to the Standards for Accessory Structures;

7. Adopt Resolution No. 11515 (CCS) Amending the General Plan Land Use Map for Consistent Designation of Identified Parcels;

8. Introduction for First Reading of an Ordinance Amending the Official Districting Map for Consistent Designation of Identified Parcels;

9. Introduction and First Reading of an Ordinance Amending the Official Districting Map for Properties Located at 1811 Warwick and 1808 34th Avenue; and

10. Introduce and Adopt Emergency Interim Zoning Ordinance No.

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2740 (CCS) to extend interim regulations established by Emergency Interim Zoning Ordinance Number 2633 (CCS) and amended and extended by Emergency Interim Zoning Ordinance Numbers 2645, 2692, and 2699 (CCS) to increase thresholds for review of one hundred percent affordable housing projects and certain Tier 2 housing projects subject to the Housing Accountability Act by Administrative Approval.

Questions asked and answered of staff included: regarding the ARB review, how does staff plan to make sure a project gets through the process in an efficient manner; if a project has been deemed code compliant and it hasn’t gone through the ARB process, can the project still be approved; would there be some sort of internal process to priorities housing projects through the ARB process in a timely manner; explain reconciling the two parcels in the Pico neighborhood with the LUCE and the Zoning code; were the owners and neighbors of the two parcels in the Pico neighborhood notified; is there any downside to upzoning the inconsistent parcels in the city; what does upzoning mean in stories and feet for a building; is the NC on Main Street being upzoned; have you thought about bifurcating on Main Street for lot consolidation; what is the rationale to get rid of the 20% for inclusionary housing, and reduce it down to 15%; how many units can be placed on a parcel when a lot is upzoned from R1 to R2; what are the three properties on Pico Blvd that are on the SSI list and can be consolidated; if the Council truly wants 100 percent affordable housing, why not make the inclusionary number 90 percent; was there any analysis for the downtown area showing that having a higher inclusionary number does not equate to more affordable housing; are the parcels in the Pico neighborhood close to transit and fall under SB9, which means they could become multi-family anyway; what are the consequences if Council doesn’t approve the two parcels in the Pico neighborhood; what is the impact of small businesses with the loss of parking lots; what opportunities of community engagement is planned moving forward for these housing projects; is it realistic to propose going 90 percent inclusionary housing citywide; if the city kept the block on Main from Ocean Park to Navy at a 6,000 sq ft lot consolidation, would that make HCD consider making our Housing Element noncompliant; is there a plan to better communicate with the community moving forward on any zoning/LUCE inconsistencies; have actual developers say that they can’t build downtown with the 20% inclusionary, is that right; is having a 20% inclusionary downtown and 15% outside of downtown potentially pushing more density in the outside communities; if we kept the lot consolidation on Main Street at 6,000 and no housing was built, would we have to explain that to HCD; if we don’t meet our housing requirements, would we be out of compliance; if we fall out of compliance, would we potentially see more builders remedy projects built; what tools do residents have if their neighbor wants to add to their property and the neighbor is not in favor.

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Considerable discussion ensued on topics including, but not limited to:
support limitations on lot consolidation; proposed a small lot overlay for builders who only wanted to build on one lot, instead of lot consolidation; incentivize small lot development for mixed-used projects in corridors; slow things down as much as possible, so that the community can catch up and feel like they’re a part of this discussion; the issue is developers against the residents, and affordable housing versus market housing; developers need to be more thoughtful when designing housing; affordability is not just about housing, it’s about affordability in the community; figure out a way to keep the character of the community and consider those who live in the community; in favor of lot consolidation, if it’s going to become a park; if we’re going to keep equity and diversity in this community, it has to be about the community and local community businesses; bifurcate Main Street between Ocean Park and Navy for lot consolidation to not go beyond 6,000 sq ft.; there hasn’t been a real commercial plan for those on Pico Blvd; how to prioritize residents for new affordable housing units; how to give homeownership to those who are local residents; create a more robust homeownership program, not just affordable housing; there should be some type of required notification for neighbors and property owners whenever their property is being upzoned or zoning changes occur; how to develop a local workforce to keep those who live here to work in the city; create workforce housing; keep the 20% inclusionary and revisit in six months; if we do not build affordable housing, more residents in the community will be displaced; if we are truly committed to building an affordable community, we are going to have to build more housing.

Motion by Councilmember Brock, seconded by Councilmember Torosis, to: 1)Adopt a finding that the proposed amendments to the LUCE, DCP, BAP, and Zoning Ordinance, LUCE designation map, and Zoning Districting Map, LUCE designation map, and Zoning Districting Map were analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) and Addendum, and no further review pursuant to the California Environmental Quality Act (CEQA); 2) Adopt a finding that the proposed extension of the Urgency Interim Zoning Ordinance are categorically exempt from the provisions of the CEQA pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption); and, 3) Adopt a Resolution Amending the Text of the Land Use and Circulation Element of the General Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element.

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

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ABSENT: None
Motion by Councilmember Zwick, seconded by Councilmember Brock, to adopt a Resolution Amending the Text of the Bergamot Area Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element, with the amendment to upzone the one square block of the CCS between Berkeley Street and Stanford Street, Pennsylvania Avenue and Nebraska Avenue to what was proposed as a

3.25 Floor Average Rate (FAR) and 70 feet, while still preserving the step down between that and the R2 zones in the rest of the CCS. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to adopt a Resolution Amending the Text of the Downtown Community Plan for Consistency with the Goals, Policies and Program set forth in the 6th Cycle (2021-2029) Housing Element. 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
Motion by Councilmember Brock, seconded by Councilmember de la Torre, to introduce for First Reading of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-2029) Housing Element; for Consistency with Updates to State Law Related to Housing Production and Minimum Parking Requirements; and to Make Minor Changes, Clarifications and Corrections Including Modifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District and Modifications to the Standards for Accessory Structures, with an amendment for housing projects consolidation of lots on Main Street north of Ocean Park up to 15,000 sq ft., south of Ocean Park up to 11,000 sq feet, and for commercial development projects would be limited to 6,000 sq ft.

Substitute motion by Mayor Davis, seconded by Councilmember Torosis, to adopt the staff recommendation to introduce for First Reading of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021- 2029) Housing Element; for Consistency with Updates to State Law

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Related to Housing Production and Minimum Parking Requirements; and to Make Minor Changes, Clarifications and Corrections Including Modifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District and Modifications to the Standards for Accessory Structures.

The substitute motion failed by the following vote:

AYES: Councilmembers Torosis, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember de la Torre, Brock, Parra,
Mayor Pro Tem Negrete
ABSENT: None
The main motion, with amendments was approved by the following vote:

AYES: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
NOES: Councilmembers Zwick, Torosis, Mayor Davis
ABSENT: None
Councilmember Zwick stated his no vote was because under current building standards, 15,000 sq. ft. is necessary and anything less would present a severe constraint on housing production, potentially conflicting with our Certified Housing Element, and is nervous that this will make us run afoul of HCD and potentially the Attorney General as well.

Mayor Davis stated her no vote in agreement with Councilmember Zwick, but also sees no reason to bifurcate between north of Ocean Park and south of Ocean Park. She thinks they are both equally charming and discriminating between one and the other makes no sense.

Councilmember Torosis stated her no vote is in agreement with Councilmember Zwick and Mayor Davis, and that this could potentially pose a constraint on housing and is concerned that we will be deemed out of compliance.

Motion by Councilmember de la Torre, seconded by Councilmember Parra, to: 1) adopt a Resolution Amending the General Plan Land Use Map for Consistent Designation of Identified Parcels; and, 2) Introduce for First Reading of an Ordinance Amending the Official Districting Map for Consistent Designation of Identified Parcels, omitting properties located at 1808 34
th Street, 1811 24th Street and 1811 Warwick Avenue.

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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
Introduce for First Reading of an Ordinance Amending the Official Districting Map for Properties Located at 1811 Warwick and 1808 34th Avenue, was not considered or voted on.

Motion by Councilmember Torosis, seconded by Councilmember Zwick, to Introduce and Adopt an Emergency Interim Zoning Ordinance to extend interim regulations established by Emergency Interim Zoning Ordinance Number 2633 (CCS) and amended and extended by Emergency Interim Zoning Ordinance Numbers 2645, 2692, and 2699 (CCS) to increase thresholds for review of one hundred percent affordable housing projects and certain Tier 2 housing projects subject to the Housing Accountability Act by Administrative Approval. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Councilmember Zwick, seconded by Mayor Davis, to direct the City Manager in coordination with the Director of Community Development and the Fire Chief to incorporate the Principles of Walkable and Beautiful Mixed-Use Streets embodied by a Livable Communities Initiative (LCI) in studying new development standards and building code updates that would apply exclusively to a small lot 7500 square feet mixeduse developments on commercial corridors, and that this proposed small lot overlay should explore vertical shared access with additional fire safety measures above three stories, new out-of-court and open space standards that allow for interior courtyards and lightwells to provide light to residents, reduced impact fees and objective design standards developed in consultation with neighborhood groups, further that the City Manager and staff shall report back to City Council within 180 days on progress towards the development of the new standards.

Councilmember Brock proposed a friendly amendment to not give a time limit to staff to return, but to support them coming back with a study to Council. The motion was considered friendly to the maker and seconder.

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Councilmember de la Torre proposed a friendly amendment to ask staff to engage with all stakeholders including existing neighborhood groups, business improvement districts, property owners, residents, and all other stakeholders within the city who might have an opinion about this, and who would also like to see some development, and making sure that as they go through this process that they look at ways to enliven the boulevards using some of the processes suggested by LCI that would make the businesses there even more attractive to residents and businesses.

The maker of the motion amended the motion to broaden direction to staff to study new development standards that would apply exclusively to small lot mixed-used developments, and bring it back for further consideration.

The amended motion was considered approved by the seconder. The motion was approved, with Councilmember Parra voting no.

Motion by Councilmember de la Torre, seconded by Mayor Pro Tem Negrete, to direct staff to examine the possibility of rent to own or affordable home ownership as part of the Affordable Housing associated with Measure GS funds.

Mayor Davis proposed a friendly amendment to not only examine the technical possibility of doing this, but also the costs (financial analysis) to incorporate a program like this. The amendment was considered friendly by the maker and seconder.

Councilmember Torosis proposed a friendly amendment to explore what’s happening in the context of the new Housing and Homelessness department that staff has been directed to proceed with, but that would be separate from Planning and the Housing Element. Look at Tenant Opportunity to Purchase Act (TOPA), link up with sister jurisdictions who are looking into this to see how we can leverage some of the resources to see how it’s already been done, and that we explore the opportunities around land trust model as a vehicle for shared wealth. The amendment was considered friendly by the maker and seconder.

The motion was unanimously approved by voice vote, with all members present.

CONTINUE MEETING Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick, to continue the Council meeting past 11:00 p.m. The motion was unanimously approved by voice vote, with all members present.

COUNCILMEMBER
DISCUSSION ITEMS:

COUNCIL RULES

16.A. Request of Mayor Davis that Council direct the City Manager and/or City Attorney to return with an amendment to the Council Rules Resolution, Rule 6(s) Councilmember Discussion Items to clarify that 16 items are to provide Policy direction only, and that staff can

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assist in the development of language for a 16 item, but that no resolutions or ordinances should be developed or drafted until a majority of Council gives direction to the City Manager and/or the City Attorney. The exception would be resolutions for advocacy, was presented.

Motion by Mayor Davis, seconded by Councilmember Zwick, to approve the recommendation. The motion was unanimously approved by voice vote, with all members present.

VISION ZERO PLAN 16.B. Statistics demonstrate that automobiles are the leading cause of death for children aged 5-14 in LA County and Santa Monica has adopted a Vision Zero plan to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all. To this end, the following is a request of Councilmembers Zwick and Torosis that the City Council direct the City Manager to report back in 60 days on the cost and timeline for the implementation of a pilot program augmenting the city's Vision Zero plan with safety-enhancing signal improvements at select intersections, including:

1. Banning Right on Red at all “scramble” intersections in DTSM, and other select intersections where data indicates it would improve safety.

2. Reprogramming traffic signals to operate on "pedestrian recall" and utilize a Leading Pedestrian Interval (LPI) at 10 priority intersections as determined by data from Santa Monica’s high-injury network, as well as data on frequency of pedestrian use, was presented.

Motion by Councilmember Zwick, seconded by Councilmember Torosis, to approve the recommendation.

Councilmember Brock proposed a friendly amendment to expand the pilot program to look at intersection that are not signaled that could maybe use traffic enhancements. The amendment was considered friendly by the maker and seconder.

The motion, with amendments was unanimously approved by voice vote, with all members present.

STREET VENDING 16.C. Request of Councilmembers Zwick, Torosis, and de la Torre that the Council direct the City Manager to ensure that staff engage in meaningful consultation with persons authorized to vend pursuant to SMMC sections 6.36.030(f) and (g) regarding implementation of and proposed changes to sidewalk vending policies in the City. Specifically, staff are to arrange for such consultation in a culturally competent and linguistically appropriate manner to achieve meaningful engagement and input when substantive changes to vending policies are being

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considered that address time, place, and manner regulations or alterations to permitting or enforcement policies and practices. Such consultation should include, but not be limited to, in-person meetings, notices and solicitation of feedback via e-mail and/or mail, and production of outreach materials to be distributed by staff in the field.

This consultation should include advance written notice to all permitted vendors with at least a 20-day period of public comment following the solicitation of vendor input prior to making substantive changes to Sidewalk Vending Administrative Regulations or placing proposed changes on the Council agenda. Staff shall ensure that engagement is conducted in English and Spanish through bilingual written materials and presence of a Spanish language interpreter at vendor engagement meetings and Council meetings when vending policies are being considered. City staff is further directed to engage in ongoing dialogue with its permitted sidewalk vending community regarding several items of importance—including vending cart compliance, enforcement practices, enhanced signage, expanded opportunities and zones for permissible vending, and methods of allocating designated spaces to vend—to ensure a thriving and inclusive Santa Monica for all, was presented.

Motion by Councilmember Zwick, seconded by Councilmember Torosis, to approve the recommendation. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmembers Parra, Brock
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:03 a.m.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor

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(NOT APPROVED)

CITY OF SANTA MONICA

CITY COUNCIL MINUTES
APRIL 25, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:32 p.m., on Tuesday, April 25, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.

Roll Call: Present: Mayor Gleam Davis
Councilmember Phil Brock
Councilmember Oscar de la Torre
Councilmember Christine Parra
Councilmember Caroline Torosis (arrived at 5:34 p.m.)
Councilmember Jesse Zwick

Absent: Mayor Pro Tem Lana Negrete
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 5:32 p.m., with all members present except Mayor Pro Tem Negrete and Councilmember Torosis. City Clerk Denise Anderson-Warren led the assemblage in the Pledge of Allegiance.

GENERAL PUBLIC
INPUT:

Councilmember Torosis
arrived at 5:34 p.m.

Members of the public Jerry Rubin, Cris Gutierrez, Beatrice Felix, Erik Klinger, Randy Ziglar, Johnathan Foster, and Denise Barton commented on various local issues.

PUBLIC INPUT FOR

CLOSED SESSION,

SPECIAL AGENDA

ITEMS AND CONSENT
CALENDAR ONLY:

There were no members of the public present to comment on closed session items.

Member of the public Denise Barton commented on special agenda items.

Member of the public Johnathan Foster commented on consent calendar items.

AGENDA

MANAGEMENT
Motion by Councilmember Torosis, seconded by Councilmember Brock, to continue the appointment, Item 16.A. to the May 9th meeting. The motion was unanimously approved by voice vote, with all members present, except Mayor Pro Tem Negrete.

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REPORT ON MEETING

COMPENSATION
Pursuant to State law, City Clerk Denise Anderson-Warren announced that Council will receive $50 compensation for meeting as the Housing Authority during Closed Sessions.

CLOSED SESSIONS
Councilmember de la Torre
excused at 6:05 p.m.

On order of the Mayor, the City Council recessed at 5:56 p.m., to consider closed sessions and returned at 8:03 p.m., with all members present except Mayor Pro Tem Negrete, to report the following:

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

3.B. 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.

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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
Councilmember de la Torre recused himself from this item in order to avoid any potential conflict of interest.

The City Attorney reported out a proposed settlement agreement with the plantiffs listed for a total of $122.5 million, with the initial payment of $70 million in 10 days, and the balance by June 30, 2023. He reported that this concludes all lawsuits with respect to the Uller matter. Empathy and patience to the plantiffs was expressed.

Motion by Councilmember Brock, seconded by Councilmember Zwick, to approve Settlement Agreement No. 11380 (CCS) in the amount of a total of 122.5 million dollars with the initial payment of $70 million dollars within 10 days and the balance by June 30, 2023. The motion was approved by the following vote:

AYES: Councilmembers Torosis, Brock, Parra, Zwick, Mayor Davis NOES: None

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Councilmember de la Torre
returned at 6:30 p.m.

ABSENT: Councilmember de la Torre, Mayor Pro Tem Negrete

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.

Councilmember de la Torre recused himself from this item in order to avoid any potential conflict of interest.

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

3.D. Conferences with Legal Counsel - Existing Litigation - Gov.

Code Section 54956.9(d)(1):

City of Santa Monica, et al. v. 1238 10th Street, LLC, et al.; LASC Case No. 21SMCV01585
The City Attorney advised this matter was heard with no reportable action taken.

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

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

3.G. Conference with Legal Counsel - Anticipated Litigation - Gov.

Code section 65589.5(d): WS Communities v. City of Santa Monica The City Attorney advised this matter was heard with no reportable action taken.

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HOUSING AUTHORITY

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On order of the Chair, the Housing Authority convened to a joint meeting with the City Council at 5:53 p.m., with Housing Authority Board member Cochran present.

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

The City Attorney reported out two matters from the April 11, 2023, meeting that settled:

Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Zachary Thomas Hoevet v. City of Santa Monica; LASC Case No. 21STCV30547
The City Attorney reported approval of Settlement No. 11389 (CCS) in the amount of $122,500. The motion was approved by a 6-0 vote, with Councilmember Parra absent.

Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Mavis Soloway v. City of Santa Monica, et al.; LASC Case No. 20STCV47478
The City Attorney reported approval of Settlement No. 11390 (CCS) in the amount of $800,000. The motion was approved by a 6-0 vote, with Councilmember Parra absent.

On order of the Chair, the special Housing Authority meeting was adjourned at 8:03 p.m.

ADJOURNMENT OF SPECIAL JOINT MEETING

PROCLAMATIONS/

COMMENDATIONS

4.A. 2023 City Clerk Week Proclamation, was presented.

SPECIAL AGENDA
ITEMS:

4.B. City Manager's Report, was presented.

REPORT ON COUNCIL
TRAVEL
Councilmember de la Torre reported that he participated in the Westside Cities Council of Governments, working on homelessness issues on a regional level.

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

At the request of Councilmember de la Torre, Item 5.E was removed from the Consent Calendar.

Motion by Councilmember Brock, seconded by Councilmember Torosis, to approve the Consent Calendar except for Item 5.E, reading resolutions by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete

AIRPORT

COMMERCIAL REAL

ESTATE SERVICES

5.A. Award RFP to Aeroplex Group Partners, LLC for Airport Commercial Real Estate Services, was approved.

Recommended Action
Staff recommends that the City Council:

1. Award RFP #340 to Aeroplex Group Partners, LLC., a Californiabased 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 Agreement No. 11381 (CCS) 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.

VEHICLE

REPLACEMENT

5.B. Authorization of Purchase Orders with National Auto Fleet Group and Los Angeles Truck Centers for Vehicle Replacement Purchases for Various Divisions, was approved.

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

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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.

PUBLIC WORKS

DEPARTMENT

MATERIALS

5.C. Authorization of Purchase Orders with Sully Miller Contracting Company and Vulcan Construction Materials for Asphalt Paving Materials, was approved.

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.

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.

LEASE APPROVAL 5.D. Approval of Airport Lease No. 11382 (CCS) with Ruskin Group Theatre Company, was approved.

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

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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.

AIRPORT LEASES 5.F. Approval of Airport Restaurant Lease No. 11383 (CCS) with Clover Restaurants, Inc. and First Modification to Agreement CCS# 10713 with Corporate Realty Group, was approved.

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

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

PUBLIC WORKS

SOFTWARE

5.G. Approval of First Modification to Contract No. 11384 (CCS) with Nobel Systems, Inc. for Software Licensing and Maintenance of GeoViewer, was approved.

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

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to exceed $314,000 with future year funding contingent on Council budget approval.

PURCHASE ORDER 5.H. Award Purchase Order to Xylem Water Solutions USA, Inc for Purchase of Two (2) Flygt Pumps, was approved.

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.

BIG BLUE BUS 5.I. Award Bid to CG, Inc. for Detail Repairs of Transit Bus Body Components, was approved.

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 Agreement No. 11385 (CCS) 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.

BUS STOP SHELTERS 5.J. Award Bid to Ultimate Maintenance Services Corporation for Cleaning of Bus Stop Shelters for the Santa Monica Department of Transportation, was approved.

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

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for cleaning of bus stop shelters for the Santa Monica Department of Transportation; and,

3. Authorize the City Manager to negotiate and execute Agreement No. 11386 (CCS) 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.

MINUTES 5.K. Minutes of City Council - Special Meeting - March 11, 2023, were approved.

WATER MONITORING
PLANS

5.E. Authorization to enter into Cost-Sharing Agreement Nos. 11387 (CCS) and 11388 (CCS) with the City of Los Angeles for Santa Monica Bay and Ballona Creek, was approved.

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.

This item was pulled by Councilmember de la Torre to ask questions of staff.

Questions asked and answered of staff included: is this mostly dealing with monitoring, and are we just paying our fair share and the City of Los Angeles is in total control of how the money goes towards the monitoring; what type of authority does Santa Monica have in terms of the Ballona wetlands; is there an oversight board, and how can Santa Monica weigh in on the management of the Ballona wetlands; and, is there a way Santa Monica can be advocates to keep the fresh water there and keep the salt water beyond the salt marsh separate from the fresh water area as it has been for years.

Motion by Councilmember de la Torre, seconded by Councilmember Brock, to approve the staff recommendation.

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The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete

PUBLIC INPUT ON

REMAINING AGENDA
ITEMS:

Members of the public Michael Soloff, Hannah Wenger, Denise Barton, Denise Neil, Dan Hall (time donated by Ericka Lesley), Jason Brown, Kevin Shenkman, Sam Shenkman, Susan Sheu, Sue Himmelrich, Zac Gaidzik, Tim Defuria, Ellis Raskin, Jason Mastbaum, Billet Wolf (time donated by Ang D) commented on Item 10.A.

Member of the public Denise Neil commented on Item 10.C.

ORDINANCES:

GENDER NEUTRAL

PUBLIC RESTROOM

10.A. Introduction and First Reading of an Ordinance amending SMMC Chapter 8.110 adding Gender Neutral Public Restroom Access, was presented.

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.

Questions asked and answered of staff included: what type of occupancy would be required using the design examples included; how can it be more equitable by allowing the replacement of urinals for toilets, and how are those numbers determined; are we defeating our water goals by requiring more toilets than urinals, since toilets use more water; what’s it going to cost to have water closet toilets and would each water closet require it’s own fire sprinkler and drain; how would AB 521 (women’s privacy bill) impact these changes; why would Santa Monica jump the gun to approve these changes, if the state building codes haven’t been updated yet; have there been any reported issues from businesses who have already converted the restrooms to non-gender; is there a way to require family restrooms to be included in any new build; is it correct that these new regulations would only be required for new construction; would it be left up to the developers designers to come up with the appropriate design; would there be a requirement to have doors go all the way to the ceiling; was there any conversation with the City of West Hollywood who have already incorporated these standards to see if there have been any issues; since there are already gender neutral restrooms in restaurants and business

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throughout the city, is it true that this only creates regulations to make sure that the guidelines are enforced; and, has there been any thought or consideration about how technology or maintenance could keep the restrooms cleaned just for city facilities.

Considerable discussion ensued on topics including, but not limited to:
concerned and bothered by some of the homophobic comments received from members of the public; there are a lot of reasons to approve this ordinance as bathroom access is important to more than the trans community; gender neutral restrooms are more safe than same sex restrooms; appreciate community members who reached out to have a discussion to educate about this matter; there needs to be more discussion amongst the community as this work progresses; this is a teachable moment for the community as change is difficult to adjust; it’s a good thing to move forward with more accessible bathrooms for everyone; this is a civil rights issue about allowing access to everyone; words have meaning, and we need to listen before we speak words that hurt; Santa Monica has priorities, but the words aren’t the only thing that count, it’s the actions that count; and, all small businesses in Santa Monica should eliminate the male and female signage and just create all-gender restrooms instead.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete

THIRD STREET

PROMENADE

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, was presented.

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.

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Motion by Councilmember Brock, seconded by Mayor Davis, to introduce and hold first reading of the ordinance reading by title only and waiving further reading thereof. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete

OPEN STREET

COMMUNITY EVENTS

10.C. Introduction and Adoption of Urgency Ordinance No. 2744 (CCS) entitled “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”, was presented.

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.

Questions asked and answered of staff included: how are block parties different from the larger events and what are the different requirements between the two types of events; how many block parties are there in the city per year; did staff look at other cities to see how they conduct block party application processes; what is entailed in the traffic control plan, and is it easy for a resident to complete; is there a mechanism that would allow raising the number of events allowed without having to amend the ordinance; what does it mean regarding the fees depends on the amount of services city has to provide related to the event; how can we make sure that we aren’t detouring events from coming to the city with an enormous amount of fees; would granting a waiver be left to the consideration of the department head; does this only apply to multi-family block parties, or does it also apply to single-family block parties; can there be a clean-up on the applications, because it is confusing with the timelines and the various fees; has there always been a charge for the barricades; do you have to use barricades or can residents use cars instead; is there some way that the 51% requirement is good for a multi-year, instead of requiring the signatures every year; how specific does the mapping of events need to be or is it general; if changes are made, can this ordinance still be passed; for the fee waivers, does that also apply to the block parties or is that just for the events; and, if the number is being reduced for multi-family, shouldn’t it also apply to the R1 district.

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Considerable discussion ensued on topics including, but not limited to:
stakeholder engagement, difficulty in obtaining 51% of the affected residents’ signatures for Open Streets; increasing foot traffic and economic recovery; and, lowering the threshold for block parties in multi-family neighborhoods.

Motion by Councilmember Torosis, seconded by Councilmember Brock, to introduce and adopt at first reading of the ordinance reading by title only and waiving further reading thereof.

Councilmember Zwick proposed a friendly amendment to require block party organizers to obtain either 51% approval from the block residents or written approval. The amendment was considered friendly by the maker and seconder.

Councilmember Zwick proposed a friendly amendment to lower the threshold for block parties from 51% to 25% in multi-family neighborhoods. The amendment was considered friendly by the maker but not considered friendly by the seconder.

Substitute motion by Councilmember Zwick, seconded by Councilmember Torosis to introduce and adopt at first reading of the ordinance with the following amendments: allowing an Open Streets event with 51% of the affected businesses and/or residents or with the permission of the affected BID; in zones other than R1, lower the required signature threshold to 25% for block parties; and, increasing the street closure notice from 3 days to 5 days to all affected residents and businesses.

The motion was approved by the following vote:

AYES: Councilmembers de la Torre Torosis, Parra, Zwick, Mayor Davis
NOES: Councilmember Brock
ABSENT: Mayor Pro Tem Negrete
CONTINUE MEETING Motion by Councilmember Brock, seconded by Councilmember Torosis to continue past 11 p.m. The motion was unanimously approved by voice vote, with Mayor Pro Tem Negrete absent.

RESOLUTIONS:

SURPLUS PROPERTIES

14.A. Adoption of Resolution No. 11522 (CCS) entitled “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 7TH STREET, 1654
19TH STREET AND EXPO KISS & RIDE LOT PARCELS (4290-
011-901 and 4290-011-902) IS SURPLUS LAND NOT NECESSARY

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FOR THE CITY’S USE; FINDING THAT SUCH DECLARATION IS

EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND TAKING
RELATED ACTIONS”, was presented.

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,

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.

Questions asked and answered of staff included: is there any status on interest for any of the other surplus properties previously approved and, how was it determined that the CityTV property should be added to this list, considering how much time and effort was put into redoing that property.

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

AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete

COUNCILMEMBER
DISCUSSION ITEMS:

DISABILITIES

COMMISSION

16.A. Appointment to one unscheduled vacancy on the Disabilities Commission for a term ending on June 30, 2025, was continued to May 9 th meeting.

LIBRARY BOARD 16.B. Recommendation to accept Abby Arnold's resignation from the Library Board and authorize the City Clerk to publish the vacancy, was presented.

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Motion by Mayor Davis, seconded by Councilmember Torosis, to accept the resignation with regret.

The motion was approved unanimously by voice vote, with all members present except Mayor Pro Tem Negrete.

ANNUAL 4TH OF JULY
PARADE

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, was presented.

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

AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick, Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 11:11 p.m. in memory of Rosemary Martinez.

ATTEST: APPROVED:

Denise Anderson-Warren Gleam Davis
City Clerk Mayor

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Packet Pg. 790 Minutes Acceptance: Minutes of Apr 25, 2023 5:30 PM (CONSENT CALENDAR) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 8.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Commission on Sustainability, Environmental Justice and the Environment for the term ending on June 30, 2024. (Continued from April 11, 2023.)
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. ApplicantListCSEJE
B. Written Comments
C. ITEM.8.A. Written Comments

8.A
Packet Pg. 791
City of Santa Monica
Boards and Commissions Applicants
Commission on Sustainability, Environmental
Justice and the Environment
Name Application Date
David I Lappen 03/07/2023
Jeff Bush 03/07/2023
Kyle Moss 03/08/2023
Mark A Gold
Gerda Newbold
Laurel S Joe
03/21/2023
03/30/2023
04/02/2023
TOTAL APPLICANTS: 6

8.A.a
Packet Pg. 792 Attachment: ApplicantListCSEJE (5766 : Continued: Appointment to CSEJE 8.A.(5 Mins.)) Memo
To : City of Santa Monica City Council and City Manager’s Office Fro m : Susan Mearns, Vice Chair, Commission on Sustainability, Environmental Justiceandthe Environment
Sig na ture :

Da te : March21,2023
Re : City of Santa Monica Commission on Sustainability, Environmental Justice, and the Environment MotionRegarding Commission CandidateRecruitment
At the March 20, 2023 regular meeting, the Commission on Sustainability, Environmental Justice, and the Environment discussed and took action on the following agenda item:

C o m m is s io n Re c ruit m e nt Re c o m m e nd a t io ns a) Amanda Grossman (Sustainability Analyst) presented on the update on a Commission vacancy. Garen Baghdasarian submitted his resignation in February and Council approved this resignation at the February 28th Council meeting. The Commission vacancy was posted, and applications will be accepted until April 4th. Council will appoint a new Commissioner on April 11th.
b) Historically, the Commission (formerly the Task Force) would interview candidates, review applications, and make
recommendations to Council. In recent years, the Commission has not been included in the recruitment process.

After discussion,the Commission on Sustainability, Environmental Justice, and the Environment made the following motion:

The C o m m is s io n o n Susta in a b ility, Enviro nm e nta l Justic e , a nd the Enviro nm e nt is c o m p ris e d of se ven m e m b e rs w it h e xp e rtis e , a nd fro m a va rie ty o f b a c kg ro und s in susta in a b ility. The C o m m is s io n o n Susta ina b ility, Enviro nm e nta l Justic e , a nd the Enviro nm e nt re c o m m e nd s tha t C o unc il a p p o int a c a nd id a te w it h e xp e rtise in the a rea s o f w a te r Item 16.A
04/11/23
1 of 4 Item 16.A
04/11/23

8.A.c
Packet Pg. 793 Attachment: Written Comments (5766 : Continued: Appointment to CSEJE 8.A.(5 Mins.)) c o nse rva t io n, d e c a rb o n iz a t io n/ e le c t rific a t io n o f b u ild in g s / tra nsp o rta t io n a nd p o lic y. Ad d itio na lly, the C o m m is s io n re c o m m e nd s tha t the C o unc il se le c t c a nd id a te s fro m a va rie ty o f b ac kg ro und s inc lud ing fo r p ro fit a nd no n- p ro fit o rg a n iz a tio ns.

The motion was made by Vice Chair Mearns and seconded by Member Lempert.

The motion was approved by the following roll call vote:

Ayes: Vice Chair Mearns
Member Pettit
Member Lempert
Member Tower
Noes: None
Abstain:None

Absent: Chair Kubani and Member Sokol
Item 16.A
04/11/23
2 of 4 Item 16.A
04/11/23

8.A.c
Packet Pg. 794 Attachment: Written Comments (5766 : Continued: Appointment to CSEJE 8.A.(5 Mins.)) Created: 2023-04-10
By:

Status:

Transaction ID:

Amanda Grossman ([email protected])
Signed
CBJCHBCAABAALWBLy5piemBCGOEp2G31ixfZi1Rt8Mg9

23.03.20_Commission_CandidateRecruitment
Final Audit Report 2023-04-10
"23.03.20_Commission_CandidateRecruitment" History
Document created by Amanda Grossman ([email protected]) 2023-04-10 - 9:16:40 PM GMT
Document emailed to Susan Mearns ([email protected]) for signature 2023-04-10 - 9:18:12 PM GMT
Email viewed by Susan Mearns ([email protected]) 2023-04-10 - 9:22:58 PM GMT
Document e-signed by Susan Mearns ([email protected]) Signature Date: 2023-04-10 - 9:23:07 PM GMT - Time Source: server Agreement completed.
2023-04-10 - 9:23:07 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.

Item 16.A
04/11/23
3 of 4 Item 16.A
04/11/23

8.A.c
Packet Pg. 795 Attachment: Written Comments (5766 : Continued: Appointment to CSEJE 8.A.(5 Mins.)) 1 Vernice Hankins
From: Pettit, David <[email protected]>
Sent: Tuesday, April 11, 2023 10:17 AM
To: councilmtgitems
Cc: Pettit, David
Subject: Item 16A – Appointment to one Unscheduled Vacancy on the Commission on Sustainability

EXTERNAL
I am writing to support the appointment of Mark Gold to the Santa Monica Commission on Sustainability, Environmental Justice and the Environment. I currently sit on this Commission and I was a Sustainability Task Force member for a number of years while Mark was its Chair. I also know Mark professionally in my capacity as an attorney for the Natural Resources Defense Council. In my view, there is no one with a deeper understanding of the sustainability issues facing Santa Monica than Mark. He is very hard‐working, committed to improving Santa Monica, and can get the job done. I strongly support his appointment.

Thank you for your consideration of this note.

David Pettit
David Pettit
Senior Attorney
Natural Resources Defense Council
www.nrdc.org
Item 16.A
04/11/23
4 of 4 Item 16.A
04/11/23

8.A.c
Packet Pg. 796 Attachment: Written Comments (5766 : Continued: Appointment to CSEJE 8.A.(5 Mins.)) From: Alexandra Sokol
To: councilmtgitems
Subject: “Item 8A Appointment to one Unscheduled Vacancy on the Commission on Sustainability” Date: Tuesday, May 9, 2023 3:02:47 PM
Attachments: image.png
Importance: High

EXTERNAL
Dear City Council Members,
As a Commissioner on the Commission on Sustainability, Environmental Justice and the Environment I wanted to let it be known that I would love to see and highly endorse Mark A.

Gold for the vacant Commissioner position on our Commission. Mark has the background, depth and breadth needed on the this Commission.

I would welcome the Council to vote in Mark Gold as out new Commission member, since we need his expertise and background in this critical position and moving forward on the sustainability agenda. Barring that, my second choice would be Gerda Newbold, who I believe also has the strength of commitment and experience to add solid skills to the Commission.

My thanks for your consideration.

Regards - Alexandra
--
Alexandra Sokol
EnviroDynamix™
Chief Sustainability Strategist & EVP Project Development m: 310.500.7722 | [email protected]
Commissioner at City of Santa Monica Commission on Sustainability, Environmental Justice and the Environment | Santa Monica EV Sub-Committee & Airport Redevelopment Committee Member | USGBC Advisor | LEED GA & ND | Member of SWRR | Member of Millennium Project Environmental Node |
American Anthropology Assoc. Member - Disaster TIG
http://www.envirodynamix.com
--------- This message (including any attachments) may contain privileged and confidential information. It is intended to be conveyed only to the designated recipient(s) named above. Do not read, copy or share this communication unless you are the intended recipient. If you have received this message in error, please notify the sender immediately by replying to this message and then delete all copies of it from your computer system. Any use, dissemination, distribution, disclosure, or reproduction of this message by unintended recipients is strictly prohibited. Thank you for your cooperation.

ITEM.8.A.

May 9, 2023
ITEM.8.A.

May 9, 2023

8.A.d
Packet Pg. 797 Attachment: ITEM.8.A. Written Comments (5766 : Continued: Appointment to CSEJE 8.A.(5 Mins.)) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 8.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one open seat on the Human Services Commission for the term ending in June 30, 2025. (Continued from 4/11/2023.) Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. ApplicantListHSC

8.B
Packet Pg. 798
City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Application Date
07/20/2022
07/25/2022
05/02/2023
03/29/2023
03/30/2023
Name
David T. Pisarra Willa
F. Wells
Marie Manvel
Luis B. Castanon
Helen M. Finkelstein
TOTAL APPLICANTS: 6
Zoë Muntaner 04/07/2023

8.B.a
Packet Pg. 799 Attachment: ApplicantListHSC (5767 : Continued: Appointment to HSC 8.B. (5 Mins.)) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 8.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to two unscheduled vacancies on the Disabilities Commission for terms ending on June 30, 2025. (Continued from 4/25/2023 and 2/14/2023.)
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. ApplicantListDisabilities04.25.2023

8.C
Packet Pg. 800
City of Santa Monica
Boards and Commissions Applicants
Disabilities Commission
Name Application Date
Debra Senopole 03/29/2023
TOTAL APPLICANTS: 1
*Identified person with disabilities

8.C.a
Packet Pg. 801 Attachment: ApplicantListDisabilities04.25.2023 (5771 : Continued: Appointment to Disabilities Commission (5 Mins.)) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending SMMC Chapter

8.110 Adding Gender Neutral Public Restroom Access
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

Executive Summary
At its meeting on April 25, 2023, the City Council introduced for first reading an Ordinance amending SMMC Chapter 8.110 adding Gender Neutral Public Restroom Access. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. Ord-Gender Neutral 2nd

10.A
Packet Pg. 802
1 City Council Meeting: May 9, 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 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

10.A.a
Packet Pg. 803 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 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

10.A.a
Packet Pg. 804 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 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:

10.A.a
Packet Pg. 805 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 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.

10.A.a
Packet Pg. 806 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 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.

10.A.a
Packet Pg. 807 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 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.

10.A.a
Packet Pg. 808 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 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, 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).

10.A.a
Packet Pg. 809 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) 8 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:
________________________
Douglas Sloan, City Attorney

10.A.a
Packet Pg. 810 Attachment: Ord-Gender Neutral 2nd (5749 : Gender Neutral Restroom - Second Reading) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.B
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an 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 adopt the attached Ordinance.

Executive Summary
At its meeting on April 25, 2023, the City Council introduced for first reading 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. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-IZO re Fast Food on Promenade Extension 2d

10.B
Packet Pg. 811
1 City Council Meeting: May 9, 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

10.B.a
Packet Pg. 812 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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

10.B.a
Packet Pg. 813 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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

10.B.a
Packet Pg. 814 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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

10.B.a
Packet Pg. 815 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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.a
Packet Pg. 816 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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.a
Packet Pg. 817 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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

10.B.a
Packet Pg. 818 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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 9.10.040, 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

10.B.a
Packet Pg. 819 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) 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

10.B.a
Packet Pg. 820 Attachment: CDD-IZO re Fast Food on Promenade Extension 2d (5750 : 3rd Street Restaurant Zoning - Second Reading) City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 10.C
1 of 11
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of Emergency Interim Zoning Ordinance and Introduction and First Reading of Ordinance Amending the Text of the Santa Monica Municipal Code to Confirm the Applicability of Certain Zoning and Health and Safety Regulations to Wireless Facilities Subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) and 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce and adopt an Emergency Interim Zoning Ordinance to extend interim zoning regulations to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.

3. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code to confirm the applicability of certain zoning and health and safety regulations to wireless facilities subject to Santa Monica Municipal Code Chapter 9.32, Personal Wireless Service Facilities.

Santa Monica City CouncilMay 9, 2023

Santa Monica City Council
May 9, 2023