In the- FY 2007-08 Budget, Council allocated $50,000 to be used for a Main Street Assessment Study; $25,000 to be used toward operation and maintenance of the festival lights; and $9,600 for sidewalk cleaning.
On May 27, 2008, City Council approved the Resolution of Intention to establish the Main Street Business Area Festoon Lighting and Sidewalk Cleaning Assessment District.
Alternatives
If the assessment district is not approved, MSBIA will continue to pay for the operating expenses and maintenance costs associated with the xenon festoon lighting until the City grant funds are depleted which is estimated to be by the end of 2008. It is anticipated. that the MSBIA will continue to operate the existing festoon lighting on a decreased schedule until full" replacement of the xenon bulbs is needed. At that time, MSBIA may remove the festoon lights from Main Street because of the high replacement costs.
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Packet Pg. 313 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, If the assessment district is not approved, MSBIA will continue to pay for the sidewalk cleaning until the City grant funds are depleted. At that time, MSBIA may continue to pay for reduced supplemental sidewalk cleaning per annum.
If the assessment district is unable to get a loan from the City, MSBIA may pursue a loan from another source or MSBIA may remove the festoon lights from Main Street because of the high replacement cost.
Environmental Analysis
The recommended Council action is exempt from CEQA under Section 15301, Existing Facilities.
Public Outreach
Notices of the City's intent to form an assessment district and to hold a public hearing were mailed to property owners on June 6, 2008, more than the required forty-five (45) days in advance of the public hearing. Ballots, to be marked in support of or in opposition to the proposed assessment district, were included with the notices. For ballots to be counted, they must be submitted to the City Clerk prior to the close of the public hearing on the issue.
Financial Impacts. & Budget Actions
If approved, the assessment district would require a loan from the City in the amount of up to $132,000 to be repaid from the assessments over a 5-year period at 7% interest.
At the time of the loan, Finance staff will identify the account number to be used.
City- and Parking Authority-owned property represents 8.88% of the total assessment.
The annual assessments associated with the. City of Santa Monica, properties total 5, 88792. and the annual assessments associated with the Santa Monica. City Parking Authority properties total $2, 03. 081.
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Packet Pg. 314 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Prepared by:
Erika Cavicante, Senior Administrative Analyst
Forwarded to Council:
Andy Agle, Director
Housing and Econo
Attachments:
Attachment 1: Main Street Festoon Lighting and Sidewalk Cleaning Assessment District Diagram
Attachment 2: Engineer's Report
Attachment 3: Resolution of Formation
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Packet Pg. 315 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, State of California, do hereby certify that the attached is a true and correct canvass of the ballots received and authorized through the end of the public hearing held on July 22, 2008, for the Main Street Business Area Festoon Lighting and Sidewalk Cleaning Assessment District.
Ballots Received:
In favor: 46 $ 22, 16531.
Against: 34 $ 22, 56271.
Total Ballots Received: 80
YES VOTES
APN PARCEL ADDRESS OWNER
TOTAL
ASSESSMENT
4289018001 2003 MAIN STREET 2001 MAIN STREET LLC 1, 02390. 4289019024 1901 MAIN STREET AMDA LLC 1,6167.
AMERICAN COMMERCIAL EQUITIES
4288004026 2943 MAIN STREET THREE LLC 789.84
AMERICAN COMMERCIAL EQUITIES
4288004027 2941 MAIN STREET THREE LLC 473.84
4289015022 2307 MAIN STREET AMERICAN COMMERCIAL PROPERTIES I 581.33
AMERICAN COMMERCIAL PROPERTIES
4288012001 2654 MAIN STREET II LLC 1, 03062.
AMERICAN COMMERCIAL PROPERTIES
4288012002 2654 MAIN STREET II LLC 47.42
4288011005 2720 MAIN STREET CAMPBELL JACQUELYN TR 248.96 4288004022 2919 MAIN STREET CHICHA, PHILIPPE AND TUCKER, KAYE 513.34 4288004023 2909 MAIN STREET CHICHA, PHILIPPE AND TUCKER, KAYE 1, 91022. 4288004017 2937 MAIN STREET CHICHA, PHILLIPE AND ROBERT N 263.13 4288004018 2939 MAIN STREET CHICHA, PHILLIPE AND ROBERT N 250.22 4288008009 2924 MAIN STREET ET MAIN LLC 332.87
4288014002 2510 MAIN STREET FIONDELLA, ALICE CO TR 186.79 4288014003 2510 MAIN STREET FIONDELLA, ALICE CO TR 196.07 4288014004 2510 MAIN STREET FIONDELLA, ALICE CO TR 117.09 4288014005 2510 MAIN STREET FIONDELLA, ALICE CO TR 122.59
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Packet Pg. 316 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent,
APN PARCEL ADDRESS OWNER TOTAL
ASSESSMENT
4288011016 2702 MAIN STREET GILLILAND, GERALDINE TR 548.15 4288003043 2701 MAIN STREET LAMBERT, WILLIAM S AND LENORE TRS 926.13 4288008008 177 PIER AVENUE LIBERTY FISH PARTNERS 284.53 4288003023 2821 MAIN STREET MERICOS REAL ESTATE CO INC 926.13 4288003027 2817 MAIN STREET MERICOS REAL ESTATE CO INC 93.32 4288003028 2817 MAIN STREET MERICOS REAL ESTATE CO INC 93.32 4288003044 2817 MAIN STREET MERICOS REAL ESTATE CO INC 513.34 4288003029 2807 MAIN STREET MERICOS THREE LLC 254.79
4288003026 2817 MAIN STREET MERICOS TOO LLC 93.32
4288002044 2665 MAIN STREET PRICE, HELEN H TR ET AL 1, 46281. 4288001900 2520 2ND STREET SANTA MONICA CITY 158.00
4288002902 2601 MAIN STREET SANTA MONICA CITY 1, 78137. 4288009900 2911 NEILSON WAY SANTA MONICA CITY 684.33
4288010900 2825 NEILSON WAY SANTA MONICA CITY 103.57
4288011900 2725 NEILSON WAY SANTA MONICA CITY 114.87
4288013905 2625 NEILSON WAY SANTA MONICA CITY 158.00
4289021902 2150 MAIN STREET SANTA MONICA CITY 1, 52206. 4289023905 2303 NEILSON WAY SANTA MONICA CITY 2, 81229. 150 ASHLAND SANTA MONICA CITY PARKING
4288009901 AVENUE AUTHORITY 259.42
151 ASHLAND SANTA MONICA CITY PARKING
4288010901 AVENUE AUTHORITY 39.83
SANTA MONICA CITY PARKING
4288011901 150 HILL STREET AUTHORITY 39.50
SANTA MONICA CITY PARKING
4288012900 2612 MAIN STREET AUTHORITY 327.96
SANTA MONICA CITY PARKING
4288012902 2675 NEILSON WAY AUTHORITY 126.40
SANTA MONICA CITY PARKING
4288013900 2640 MAIN STREET AUTHORITY 655.92
SANTA MONICA CITY PARKING
4288013904 2612 MAIN STREET AUTHORITY. 416.79
SANTA MONICA CITY PARKING
4288015901 2435 NEILSON WAY AUTHORITY 215.21
4288010007 2826 MAIN STREET SYME, JOYCE A AND HUGH E 432.40 4288010014 2826 MAIN STREET SYME, JOYCE A AND HUGH E 63.74 4289022012 2230 MAIN STREET WALKER, CLYDE V AND KATHERINE TRS 381.01
TOTAL IN
FAVOR: $ 22, 16531.
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Packet Pg. 317 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent,
NO VOTES
APN
PARCEL OWNER TOTAL
ADDRESS ASSESSMENT
4289020005 1918 MAIN STREET 1918 MAIN STREET ASSOCIATES LLC 876.62 4288002045 2625 MAIN STREET 2625 MAIN. LLC 513.34
4288002025 2627 MAIN STREET 2627 MAIN LLC 509.56
4288002026 2631 MAIN STREET 2633 MAIN LLC 254.79
4288002027 2633 MAIN STREET 2633 MAIN LLC 254.79
4288002036 2637 MAIN STREET 2637 45 MAIN LLC 1, 91022.
4289016025 2219 MAIN STREET ADKINS, ALTHEAH T TR 1, 46986. 4288003032 2801 MAIN STREET ARGYROPOULOS, JAMES P TR 254.79 4288011003 2712 MAIN STREET ARGYROPOULOS, JAMES P TR 126.37 4288011009 2708 MAIN STREET ARGYROPOULOS, JAMES P TR 213.24 4289022018 2210 MAIN STREET AVIVA GROUP LLC 512.65
4288014035 2522 MAIN STREET BUTEYN, DALE AND JEROME S 941.55 4288002032 2651 MAIN STREET CALHOUN, JEAN B 513.34
4288002033 2653 MAIN STREET CALHOUN, JEAN B 254.79
4288004020 2925 MAIN STREET FELDMAN, JORDON CO-TR 258.56 4288001042 2420 2ND STREET FIELDMOUSE PARTNERSHIP 4, 65734. 4289021011 2104 MAIN STREET HERRERA, ISIDRO F 434.41
4288015005 2428 MAIN STREET JARVIS, DAVID D 122.59
4288001026 2503 MAIN STREET JEFFRIES, MARY H TR 254.79
4288003040 2713 MAIN STREET LEONARD,. GOBI A TR 254.79
4288003035 2727 MAIN STREET MAIN STREET PARTNERSHIP 254.79 4289021012 2110 MAIN STREET NEO FACTO 876.62
4288015006 2434 MAIN STREET PERLOFF, BERNARD TR 122.59
4288015007 2430 MAIN STREET PERLOFF, BERNARD TR 122.59
4288015008 2430 MAIN STREET PERLOFF, BERNARD TR 122.59
4288015009 2434 MAIN STREET PERLOFF, BERNARD TR 122.59
4288015034 2400 MAIN STREET PERLOFF, BERNARD TR 1, 49671. 4289018003 2015 MAIN STREET SAPORITO, JAMES CO TR 876.62 4288001019 2407 MAIN STREET SCHEFFER, DAVID AND CLARK, GIGI 258.56 4288006015 3100 MAIN STREET SMCA MAIN STREET PLAZA LLC 2, 97131. 4289022054 2200 MAIN STREET SNYDER, RUTH TR 528.18
4289022017 2216 MAIN STREET WESTERN URBAN VENTURES LLC 516.43 4288011002 2710 MAIN STREET WESTSIDE PROPERTIES 2 LLC 122.59 4288011004 2716 MAIN STREET WESTSIDE PROPERTIES 2 LLC 248.96 TOTAL
AGAINST: $ 22, 56271.
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Packet Pg. 318 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my seal this 22 day of July, 2008.
Maria M. Stewart
City Clerk
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Packet Pg. 319 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Attachment
1 Main Street Business Area
Festoon Lighting and Sidewalk Cleaning Assessment District Assessment Diagram
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Packet Pg. 320 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Attachment2
Engineer'sReport
for the
Main Street Business Area
Festoon Lighting and
Sidewalk Cleaning
Assessment District
Fiscal Year 2008-09)
Prepared under the provisions of the
Benefit Assessment A ct of 1982
For the
CITY OF SANTA MONICA
Los Angeles County, California
Prepared by:
Harris. & Associates
April 23, 2008
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Packet Pg. 321 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page i
ENGINEER'SREPORT
CITY OF SANTA MONICA
MAIN STREET BUSINESS AREA
FESTOON LIGHTING AND SIDEWALK CLEANING ASSESSMENT DISTRICT FISCAL YEAR 2008.09
TABLE OF CONTENTS
Report ..............................................................................
Part A -Plans and Specifications ..............................
Part B -Estimate of Cost ..................:........................
Part C -Method of Apportionment ............................
Part D -Assessment Diagram ...................................
Part E -Assessment Roll ........................................... 1 3
4 10
14 g9santa monicalmsbia 82 acflreports~sta monica msbia fights sdwk ad =pt 23api98. doc
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Packet Pg. 322 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District- FY 2008-09 Page 1
CITY OF SANTA MONICA
FISCAL YEAR 2008.09
ENGINEER'S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
BENEFIT ASSESSMENT ACT OF 1982
ARTICLE 4, CHAPTER 6.4
OF THE CALIFORNIA GOVERNMENT CODE
Pursuant to Part 1, Division 2 of'Title 5 of the Government of the State of California; and in accordance with the Resolution of Initiation adopted by the City Council of the City of Santa Monica, State of Califomia, in connection with the proceedings for:
MAIN STREET BUSINESS AREA
FESTOON LIGHTING AND SIDEWALK CLEANING ASSESSMENT DISTRICT Hereinafter referred to as the "Assessment District" or "District", I, Joan E. Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ASSESSMENT ENGINEER; submit herewith the "Report" consisting of five (5) parts as follows:
PART A
PLANS AND SPECIFICATIONS
Plans and specifications for the existing and ultimate improvements aze as set forth on the lists thereof, attached hereto, and are on file in the Housing and Economic Development Department and are incorporated herein by reference.
PART B
ESTIMATE OF COST
The estimated cost to be funded by the District for the operation, .servicing and maintenance of the improvements for fiscal year 2008-09, including incidental costs and expenses in connection therewith.
PART C
METHOD OF APPORTIONMENT
The method of apportionment of assessments indicates the proposed assessment of the net amount of the costs and expenses of the maintenance andlor servicing of the existing and ultimate improvements to be assessed upon the several lots and parcels of land within the Assessment District in proportion to the estimated special benefits to be received by such lots and pazcels. q:\santa monica~nsbia S2 act\ sarepoAs\monica msbia lights sdw$ ad tp[ 23apxO8.doc
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Packet Pg. 323 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica- Main Street Business Area April 23, 2008.
Festoon Lighting and Sidewalk Cleaning Assessment District- FY 2008-09 Page 2 PART D
ASSESSMENT DIAGRAM
The Assessment Diagram, which shows the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or pazcel of land within the Assessment District, is provided herein.
The lines and dimensions of each lot or pazcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the fiscal yeaz to which this Report applies. The Assessor's maps and records aze incorporated by reference herein and made part ofthis Report.
PART E
ASSESSMENT ROLL
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District is provided herein.
The undersigned respectfully submits the enclosed report as directed by the City Council. The undersigned certifies that she is a Professional Engineer, registered in the State of California.
DATED: Apri123, 2008
Harris & Associates
BY: Joan E. Cox, P.E.
R. E. CNo. 41965
q:\santa monica\msbia 82 acflrepoffi\sta monica msbia ligfits sdwk ad ipt 23apri78.doc
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Packet Pg. 324 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica- Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District- FY 2008-09 Page 3 PART A
PLANS AND SPECIFICATIONS
DESCRIPTION OF IMPROVEMENTS
FOR THE CITY OF SANTA MONICA
MAIN STREET BUSINESS AREA
FESTOON LIGHTING AND SIDEWALK CLEANING ASSESSMENT DISTRICT FISCAL YEAR 2008-09
The facilities, which have been constructed within the Main Street Business Area of the City of Santa Monica, and those which may be subsequently constructed, will be serviced and maintained as generally described as follows:
Festoon Liehtine
Overall bulb replacement (initial yeaz) and on-going operation and maintenance.
Improvements include but are not limited to: fixtures, bulbs, conductors; equipment including. guys, anchors, metering devices, controllers and appurtenant facilities as required to provide festoon lighting in Main Street, from Pico Boulevard to south of Marine Street within the boundaries of said Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the festoon lighting improvements or appurtenant.
Operating and servicing means the famishing of electric energy for the festoon lighting improvements or appurtenant facilities, the operation of controllers and the administration of all aspects of the maintenance and the District.
Sidewalk Cleanine
Steam cleaning of the sidewalks 10-times per yeaz (in addition to the City's standazd twice a year cleaning) and once a month spot cleaning.
Improvements include but are not .limited to: sidewalks, curb and gutter, curb ramps and appurtenant facilities in public rights- wayof--within the boundaries of said Assessment District.
Maintenance means the furnishing of services and materials for the cleaning and servicing of the sidewalk improvements or appurtenant facilities including steam cleaning.
Operating and servicing means the administration of all aspects of the maintenance and the District.
The plans and specifications for the improvements, showing the general nature, location and the extent of the improvements, are on file in the Housing and Economic Development Department and aze by reference herein made a part of this report.
q:\sania monica\msbia 82 acflreports\sfa monica msbis lights sdwk ad tpt 23apNS.doc
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Packet Pg. 325 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District- FY 2008-09 Page 4 PART B
ESTIMATE OF COST
The City's budget for the operation, maintenance and servicing of festoon lighting and sidewalk cleaning, shown below, details the estimated costs for Fiscal Yeaz 2008-09 as available at the time of preparation of this report. The incidental expenses may include engineering fees, legal fees, printing, mailing, postage, publishing, and all other related costs identified with the district proceedings Funds raised by the assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments or maintenance may be deferred to reduce the overall annual cost, which in tum would reduce the assessment, as the City Council deems appropriate annually.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal yeaz.
Estimated
Annual
Improvements Budget
Festoon Lighting Bulb Replacement
Est. Replacement Costs
City Administration and Contingency (20%)
Est. Annual Cost
5 years @ 7% interest
Annual Administration (10%)
Year 1 of 5:
110,000
22,000
132,000
32,193
3,219
35,412
Festoon Lights 08M
Electricity $ 17,000
Maintenance $ 6,000
23,000
Annual Administration (10%) $2,300
Replacement Reserve (20%) $4,600
29,900
Sidewalk Cleaning $ 21,200
Annual Administration (10%) $2,120
23,320
Total Est. Annual Budget $ 88,632
q:\santa monica\msbia 82 act\ sareports~monica msbia lights sdak ad ipt 23api08.doc
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Packet Pg. 326 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Cityof Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page 5 PART C
METHOD OF APPORTIONMENT
Introduction
The Benefit Assessment Act of 1982 ( hereinafter referred to as the " 1982 Act") permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include the maintenance and operation costs of streets and street lighting services.
Streets" as defined herein is based on the definitions provided by the Office of the Controller forthe State of California in the Gzidelines Relafing to Gas Tax Expenditures published by the Division of Local Governrnent Fiscal Affairs. The state's gas tax program is administered in city agencies, but audited by the Office of the State Controller. The proceeds of the gas tax aze statutorily limited to expenditures for streets and roads. Because the funds are restricted to street and road costs, the State Controller has developed " Street Purpose Definitions and Guidelines" based on the Manual of Uniform Highway Accozznting and Financial Management Proeedzzres developed by the American Association of State Highway Officials. " Streets"; as it relates to this District; is defined as the operation or maintenance of facilities within the right- cvayof-used for street. or road purposes.
The 1982 Act requires that maintenance assessments be levied according to benefit. Section 54711 provides that the "amount of the assessment imposed on any pazcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service". Additionally, Section 4715(c) of the 1982 Act permits the designation of zones of benefit within any individual assessment district " on a pazcel, class of improvement to property, or use of property basis; or a combination thereof'. 'T'hus, the 1982 Act requires the levy of a true "assessment" rather than a "special tax." In addition, Proposition 218, which added Article XIIID to the California Constitution, requires that a parcel's assessment may-not exceed the reasonable cost for the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits aze assessable and the City must sepazate the general benefits from the special benefits. It also requires that publicly owned properties which benefitfrom the improvements be assessed.
This report establishes the formula to be used to distribute the. costs of providing the services described in this report to the benefiting pazcels within the City. q:\santa monica\msbia 82 actkeporGS\sta monica msbia lights sdwk ad rpt 23apA8.doc
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Packet Pg. 327 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page 6 Benefit Analysis
A. Festoon Lights along Main Street
Special Benefits. The Festoon Lights along Main Street are in addition to the streetlights already in place. Therefore, these lights provide enhancement of the existing lighting.
The Festoon Lights provide- additional community character and vitality to the properties along Main Street, in that they:
Promote social interaction,
Promote business and industry,
Contribute to a positive nighttime visual image, and
Enhance pedestrian safety.
Therefore; all properties along Main Street receive direct and special benefit from the additional community character and vitality provided by the Festoon Lighting.
There are a variety of land uses within the benefiting area, including residential and commercial uses, mixed residential and commercial uses, institutional uses ( such as church, library .and museum), parking lots and access ways, and parks. Different land uses benefit differently from the additional lighting.
Commercial properties are considered to benefit from all four aspects of the. additional community character and vitality; therefore, they receive a benefit factor of 1.
Mixed use parcels, with commercial on the bottom floors and residentiaLon the top floors, are considered to benefit the same as commercial properties; therefore, they also receive a benefit factor of 1:
Institutional properties, such as libraries, museums and communitygardens, are considered to benefit from the promotion of social interaction and the enhancement of pedestrian safety, which are two of the four aspects; therefore, they receive a benefit factor of one-half (0.5).
Park properties are essentially vacant properties but are used for social interaction. Therefore, park properties are. considered to benefit from the promotion of social interaction and from enhanced pedestrian safety; therefore, they also receive a benefit factor of one-half (0.5).
Residential properties are not considered to receive significant benefits from the additional lighting except for enhanced pedestrian safety; therefore, these properties receive a benefit factor of one-fourth (0.25).
Parking lots and access ways, which serve the properties around them, are essentially vacant land uses. As such, they do not benefit from most of the additional community character and vitality aspects; however, they do benefit from enhanced pedestrian safety, as their primary function is getting people to and from the surrounding properties; therefore, these properties receive a benefit factor of one-fourth (0.25).
Public properties are assessed the same as private properties.
General. Benefit. No general benefits from the improvements are considered to exist. General benefits, if any, to the surrounding community and public in general from festoon. lighting are nominal, intangible and are not quantifiable.
q:~santa monicaUnsbia 82 actUeports\sta monica msbia lights sdwk ad rpt 23apr08.doc
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Packet Pg. 328 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Gity of Santa Monica - Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008.09 Page 7 B. Sidewalk Cleaning
Special Benefit. Steam cleaning of the sidewalks removes dirt and debris from the sidewalks being cleaned. This creates a cleaner environment adjacent to properties and provides a service that property owners are usually responsible for. Therefore, Sidewalk Cleaning is considered a direct and special benefit to those properties directly adjacent to the sidewalks being cleaned.
For condominium properties of multiple stories, such as the condominium parcels at the southeast corner of Main and Marine,. the benefit is considered to the bottom floor parcels that are on the same level as the cleaned sidewalk.
General Benefit. No general benefits from the improvements are considered to exist. General benefits, if any, to the surrounding community and public in general from sidewalk cleaning are nominal, intangible and are not quantifiable.
Apportionment Methodology
A. Festoon Lights along Main Street
The costs to install and operate the Festoon Lights along Main Street are spread to the properties adjacent to Main Street based on the area of the property, in acres, multiplied by the appropriate Benefit Factor. (Acreage is calculated by dividing the property square feet (sf) by 43,560 sf per acre.)
Parcel size is used as the base unit of lighting benefit because the benefits of community character and vitality goes to how much a property is used versus how much a property fronts the lights.
The more a property is used, the more it benefits from the additional lighting.
Street frontage along Main Street was not used because of the inconsistency of depths and parcel shapes within this area.. An example of this is three parcels in this area, each with 50 feet of frontage along Main Street, but with varying parcel areas of 5,000 sf, 3,970 sf, and 1,940 sf.
Therefore, street frontage was not considered to be a fair indicator of benefit for lighting.
The formula for calculating the Benefit Acres for each property is Parcel Acres) x (Benefit Factor) =Benefit Acres
B. Sidewalk Cleaning
The costs for the Sidewalk Cleaning are spread to the parcels directly adjacent to the sidewalks being cleaned based on the linear feet (LF) of frontage being cleaned, Frontage is considered an appropriate because sidewalk cleaning is considered to be a service that that property owners are usually responsible for. Therefore, each property is assessed based on the amount of frontage directly adjacent to the property. q:lsanta monica~msbia 82 actkeports\sta monica msbia liglrts sdwk ad rpt 23apxO8.doc
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Packet Pg. 329 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District- FY 2008.09 Page 8 Assessment Rate Calculation
The table below provides the assessment apportionment for the areas of benefit and shows the maximum annual assessment rate for FY 2008-09.
FY 2008-09 Maximum
Estimated FY 2008-09
Improvements Budget / Asmt Units = Asmt Rate*
Festoon Lights Bulb Replacement $
35,412 / 17.293 Benefit Acres = $ 2, 82 / 047.Benefit Acre assessed for 5 years only)
Festoon Lighting O & M $ 29,900 / 17.293 Benefit Acres = $ 1, 07 /29.Benefit Acre Sidewalk Cleaning $ 23,320 / 14, 96814. Linear Feet = $ 1.58 / LF The maximum annual maintenance assessment rates (for festoon lighting O & M and sidewalk cleaning) will be increased each subsequent Fiscal Year by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Riverside and Orange County areas, published by the United States Department of Labor, Bureau of Labor Statistics ( or a reasonably equivalent index should the stated index be discontinued).
The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase.
q:\sanfa monica\msbia 82 actkepor[ stas\monica msbia lights sdwk ad rp[ 23aprO8.doc
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Packet Pg. 330 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page 9 PART D
ASSESSMENT DIAGRAM
The Assessment Diagrams, showing the exterior boundaries of the each Zone within the District, are provided on the following pages.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for the fiscal year to which this report applies. The Assessor's maps and records are incorporated by teference herein and made part of this report.
gasanta monicaMsbia 82 actlreports\sta monica msbia lights sdwk ad rpt 23aprO8.doc
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Packet Pg. 331 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District- FY 2008-09 Page 10 City of Santa Monica
Main Street Business Area
Festoon Lighting and Sidewalk Cleaning Assessment District Assessment Diagram Sheet 1 of 4
D
q:~santa monica~msbia 82 ac[ s~Uepor[ sta monica msbia lights sdwk ad qrt 23apr08. doc Not a Part
District Boundary
Festoon Lighting and Sidewalk Cleaning
Sidewalk Cleaning Only
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Packet Pg. 332 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page 11 City of Santa Monica
Main Street Business Area
Festoon Lighting and Sidewalk Cleaning Assessment District Assessment Diagram Sheet 2 of A
0 Parcel
Not a Part
District Boundary
Festoon Lighting and Sidewalk Gleaning
SidewaikCleaningOnly
q:~santa monicaUnsbia 82 act~ sarepoRS~ monica msbia lights sdwk ad rpt 23apr08.doc
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Packet Pg. 333 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica - Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008.09 Page 12 City of Santa Monica
Main Street Business Area
Festann Lighting and Sidewalk Cleaning Assessment District Assessment Diagram Sheet 3 of 4
0 Parcel
Not a Part
District Boundary
Festoon Lighting and Sidewalk Cleaning
Sidewalk Cleaning Only
q:lsanta monica\msbia 82 ect\ saccports\ monica msbia lights sdwk ad ryt 23apc08.doc
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Packet Pg. 334 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008.09 Page 13 City of Santa Monica
Main Street Business Area
Festoon Lighting and Sidewalk Cleaning-Assessment District Assessment Diagram Sheet 4 of 4
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1 Assessment Number
Parcel
Not a Part
District Boundary
Festoon Lighting and Sidewalk Cleaning
Sidewalk Cleaning Only
q:\santa monica\msbia 82 act\ sarepods\ monica msbia lights sdwk ad rpt 23api08.doc
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Packet Pg. 335 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Stree4Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008.09 Page 14 PART E
ASSESSMENT ROLL
The total proposed assessment for Fiscal Year 2008-09 and the amount of the total proposed assessment apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Los Angeles County Assessor'sOffice, are provided on the following pages.
The description of each lot. or parcel is part of the records of the Assessor of the County of Los Angeles and these records are, by reference, made part of this Report. q:\santa monica~nsbia 82 acttrcports\sta monica msbia lights sdwk ad rpt 23apr08. doc
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Packet Pg. 336 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page 15 c=axb h=qf+i k=e+d+i
Festoon Festoon Festoon Festoon Total
Festoon Lighting Lighting Light Bulb Lighting Sidewalk Sidewalk Tota l Maximum Map Assessor's Land Lighting Benefit Benent Replacem't08,M Main St Side-St Sidewalk Sidewalk FY OB-09 Property Address No. Parcel NO. Use Acres Factor Acres Asmt Asmt LF LF. LF Asmt Asmt 144 PICO BLVD 1 4289020004 Commercial 0.386 1.00 0.386 790.46 667.42 120.00 140.00 260.00 410.80 1, 68868. 1918 MAIN S7 2 4289020005 Commercial 0.207 1.00 0.207 423.90 357.92 60.00 0.00 60.00 94.80 876.62 145 BAY ST 3 4289020006 Mixed Use 0.414 1.00 0.414 847.80 715.83 120.00 150.00 270.00 426.60 1, 23990. 1901 MAIN ST 4 4289019024 Commercial 0.240 1.00 0.240 491.48 414.98 45.00 120.00 165.00 260.70 1,6167. 1907 MAIN ST 5 4289019025 Parkin / Access 0.232 0.25 0.056 118.77 100.29 84.00 0.00 84.00 132.72 351.78 1913 MAIN ST 6 4289019005 Parkin / Access 0.116 0.25 0.029 59.39 50.14 42.00 0.00 42.00 66.36 175.89 211 BAY ST 7 4289019006 Commercial 0.240 1.00 0.240 491.48 414.98 87.00 120.00 207.00 327.06 1, 52233. 2000 MAIN ST 8 4289020021 Mixed Use 1.170 1.00 1.170 2, 95395. 2, 01023. 301.60 338.70 640.30 1,011.67 5, 63430. 2003 MAIN ST 9 4289018001 Commercial 0.276 1.00 0.276 565.20 477.22 120. 00 100.00 220.00 347.60 1, 02390. 2015 MAIN 5T 10 4289018003 Commercial 0.207 1.00 0.207 423.90 357.92 60.00 0.00 60.00 94.80 876.62 2021 MAIN ST 11 4289018054 Mixed Use 0.413 1.00 0.413 845.75 714.11 120.48 150.16 270.64 427.61 1, 47987. 2104 MAIN ST 12 4289021011 Commercial 0.069 1.00 0.069 141.30 179.31 60.00 50.00 110.00 173.80 434.41 2110 MAIN ST 13 4289021012 Commercial 0.207 1.00 0.207 423.90 357.92 60.00 0.00 60.00 94.80 876.62 2116 MAIN ST 14 4289021013 Mixed Use 0.206 1.00 0.206 421.85 356.19 60.00 0.00 60.00 94.80 872.64 2150 MAIN ST 15 4289021902 Park 0.413 0.50 0.207 422.87 357.05 120.00 150.00 270.00 426.60 1, 52206. 2101 MAIN ST 16 4289017001 Commercial 0.110 1.00 0.110 225.26 190.20 120.00 40.00 160.00 252.80 668.26 2113 MAIN ST 17 4289017005 Commercial 0.206 1.00 0.206 421.85 356.19 60.00 0.00 60.00 94.80 872.64 2115 MAIN ST 16 4289017006 Parkin ( Access 0.138 0.25 0.035 70.65 59.65 60.00 0.00 60.00 94.80 225.10 201 PACIFIC ST 19 4289017007 Commercial 0.138 1.00 0.138 282.60 238.61 60.00 100.00 160. 00 252.60 774.01 2200 MAIN ST 20 4289022054 Mixed Use 0.088 1.00 0.088 180.21 152.16 60.00 63.93 123.93 195.81 528.18 2210 MAIN ST 21 4289022018 Commercial 0.119 1.00 0.119 243.69 205.76 40.00 0.00 40.00 63.20 512.65 2216 MAIN ST 22 4269022017 Commercial 0.120 1.00 0.120 245.74 207.49 40.00 0.00 40.00 63.20 516.43 2216 MAIN ST 23 4289022016 Commercial 0.120 1.00 0.120 245.74 207.49 40.00 0.00 40.00 63.20 516.43 2222 MAIN ST 24 4289022015 Mixed Use 0.060 1.00 0.060 122.87 103.74 40.00 0.00 40.00 63.20 289.81 2224 MAIN ST 25 4289022013 Mixed Use 0.119 1.00 0.119 243.69 205.76 40.00 0.00 40.00 63.20 512.65 2230 MAIN ST 26 4289022012 Commercial 0.058 1.00 0.058 118.77 100.29 40.00 62.50 102.50 161.95 381.01 214 PACIFIC ST 27 4289016029 Mixed Use 0.413 1.00 0.413 845.75 714.11 60.00 150.00 210.00 331.80 1, 66891. 2215 MAIN ST 28 4289016003 Commercial 0.206 1.00 0.206 421.85 356.19 25.00 0.00 25.00 39.50 817.54 2219 MAIN ST 29 4289016025 Commercial 0.413 1.00 0.413 845.75 714.11 120.00 150.00 270.00 426.60 1, 46986. 2303 NEILSON WAY 30 4289023905 Institutional 0.751 0.50 0.376 768.96 649.27 223.53 290.13 513.66 811.58 2, 81229. 2301 MAIN ST 31 4289015023 Commercial 0.129 1.00 0.129 264.17 223.05 48.00 116.30 164.30 259.59 746.81 2307 MAIN ST 32 4289015022 Commercial 0.133 1.00 0.133 272.36 229.97 50.00 0.00 50.00 79.00 581.33 2311 MAIN ST 33 4289015038 Parkin / Access 0.385 0.25 0.096 197.10 166.42 44.00 0.00 44.00 69.52 433.04 2311 MAIN ST 34 4289015020 Parkin / Access 0.016 0.25 0.004 8.19 6.92 6.00 0.00 6.00 9.48 24.59 2311 MAIN ST 35 4289015037 Parkin / Access 0.142 0.25 0.036 72.70 61.38 53.29 0.00 53.29 84.20 218.28 2321 MAIN ST 36 4289015024 Commercial 0.083 1.00 0.063 169.97 143.51 50.50 0.00 50.50 79.79 393.27 2327 MAIN ST 37 4289015031 Commercial 0.120 1.00 0.120 245.74 207.49 79.00 61.50 140.50 221.99 675.22 2400 MAIN ST 38 4288015034 Commercial 0.326. 1.00 0.326 667.59 563.68 231.23 47.39 278.62 440.22 1, 49671. 2435 NEILSON WAY 39 4288015901 Parkin / Access 0.00 0.00 0.00 0.00 136.21 136.21 215.21 215.21 2420 MAIN ST 40 4288015004 Commercial 0.039 1.00 0.039 79.86 67.43 25.00 0.00 25.00 39.50 186.79 2428 MAIN ST 41 4288015005 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 2434 MAIN ST 42 4288015006 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 2430 MAIN ST 43 4288015007 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 q:\santa monica\msbia 82 act\ sareports\ monica msbia lights sdwk ad rpt 23aprO8.doc
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Packet Pg. 337 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements City of Santa Monica - Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008-09 Page 16 c=axb h=qf+ i k=e+d+i
Festoon Festoon Festoon Festoon Total
Festoon Lighting Lighting Light Bulb Lighting Sidewalk Sidewalk Total Maximu m Map Assessor's Land Lighting Benefit Benefit Replacem't O&M Main St Side-St Sidewalk Sidewalk FY 08-09
Property Address No. Parcel No. Use Acres Factor Acres Asmt Asmt LF LF LF Asmt Asmt 2430 MAIN ST 44 4286015008 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 2434 MAIN ST 45 4288015009 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 2440 MAIN ST 46 4288015010 Commercial 0.044 1.00 0.044 90.10 76.08 50.00 0.00 50.00 79.00 245.18 2444 MAIN ST 47 4288015035 Commercial 0.078 1.00 0.078 159.73 134.67 50.00 0.00 50.00 79.00 373.60 2450 MAIN ST 48 4288015014 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00. 39.50 122.59 2502 MAIN ST 49 4288014001 Commercial 0.039 1.00 0.039 79.86 67.43 25.00 0.00 25.00 39.50 186.79 2510 MAIN ST 50 4288014002 Commercial 0.039 1.00 0.039 79.86 67.43 25.00 0.00 25.00 39.50 186.79 2510 MAIN ST 51 4288014003 Commercial 0.041 1.00 0.041 83.96 70.89 26.09 0.00 26.09 41.22 196.07 2510 MAIN ST 52 4288014004 Commercial 0.021 1.00 0.021 43.00 36.31 23.91 0.00 23.91 37.78 117.09 2510 MAIN ST 53 4288014005 Commercial 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 2510 MAIN ST 54 4288014006 Commercial 0.022 1.00 0.022 45.05 36.04 25.00 0.00 25.00 39.50 122.59 2516 MAIN ST 55 4288014007 Mixed Use 0.022 1.00 0.022 45.05 38.04 25.00 0.00 25.00 39.50 122.59 2522 MAIN ST 56 4288014035 Commercial 0.197 1.00 0.197 403.42 340.63 125.00 0.00 125.00 197.50 941.55 181 OCEAN PARK BLVD 57 4288014034 Commercial 0.161 1.00 0.161 329.70 278.38 100.00 0.00 100.00 158.00 766.08 2401 MAIN ST 58 4288001039 Commercial 0.075 1.00 0.075 153.59 129.68 32.50 100.00 132.50 209.35 492. 62 2403 MAIN ST 59 4286001040 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25.00 39.50 254.79 2407 MAIN ST 60 4288001019 Commercial 0.056 1.00 0.058 118.77 100.29 25.00 0.00 25.00 39.50 258.56 2409 MAIN ST 61 4288001020 Commercial 0.056 1.00 0.058 116.77 100.29. 25.00 0.00 25.00 39.50 258.56 2411 MAIN ST 62 4288001021 Commercial 0.115 1.00 0.115 235.50 198.84 50.00 0.00 50.00 79.00 513.34 2420 2ND ST 63 4288001042 Commercial 1.149 1.00 1.149 2, 95352. 1, 70986. 250.00 0.00 250.00 395.00 4,734.65 2503 MAIN ST 64 4288001026 Commercial 0.057 1.00. 0.057 116.73 98.56 25.00 0.00 25.00 39.50 254.79 2507 MAIN ST 65 4288001028 Commercial 0.115 1.00 0.115 235.50 198.84 50.00 0.00 50.00 79:00 513. 34 2515 MAIN ST 66 4288001035 Commercial 0.229 1.00 0.229 468.95 395.96 100. 00 0.00 100.00 158.00 1,022. 91 205 NORMAN PL 67 4288001036 Commercial 0.229 1.00 0.229 468.95 395.96 100.00 100.00 200.00 316.00 1,180. 91 2520 2ND ST 68 4286001900 Commercial 0.00 0.00 0.00 100.00 100.00 158.00 158. 00 2601 MAIN ST 69 4288002902 Institutional 0.226 0.50 0.113 231.40 195.38 50.00 400.00 450.00 711.00 1,137. 78 2612 MAIN ST 70 4286013904 Institutional 0.106 0.50 0.053 108.53 91.64 68.30 68.80 137.10 216.62 416.79 2625 NEILSON WAY 71 4286013905 Commercial 0.00 0.00 0.00 100.00 100.00 158.00 158.00 2640 MAIN ST 72 4288013900 Institutional 0.180 0.50 0.090 184.30 155.62 200.00 0.00 200.00 316.00 655.92 2612 MAIN ST 73 4288012900 Institutional 0.090 0.50 0.045 92.15 77.81 100.00 0.00 100.00 158.00 327. 96 2654 MAIN ST 74 4288012001 Commercial. 0.181 1.00 0.181 370.66 312.96 200.00 39.50 239.50 378.41 1,062. 03 2654 MAIN ST 75 4288012002 Commercial 0.00 0.00 0.00 30.01 30.01 47.42 47.42 2675 NEILSON WAY 76 4288012902 Parkin / Access 0.00 0.00 0.00 80.00 80.00 126.40 126.40 2615 MAIN ST 77 4288002021 Commercial 0.114 1.00 0.114 233.45 197.11 50.00 100.00 150.00 237.00 667.56 2619 MAIN ST 78 4288002022 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25.00 39.50 254.79 2625 MAIN ST 79 4286002045 Mixed Use 0.115 1.00 0.115 235.50 198.84 50.00 0.00 50.00 79.00 513.34 2627 MAIN ST 60 4286002025 Commercial 0.114 1.00 0.114 233.45 197.11 50.00 0.00 50.00 79.00 509.56 2631 MAIN ST 61 4288002026 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25.00 39.50 254.79 2633 MAIN ST 62 4288002027 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25.00 39.50 254.79 2637 MAIN ST 83 4288002036 Commercial 0.229 1.00 0.229 468.95 395.96 100.00 0.00 100.00 158.00 1,022. 91 2651 MAIN ST 84 4288002032 Commercial 0.115 1.00 0.115 235.50 198.84 50.00 0.00 50.00 79.00 513.34 2653 MAIN ST 85 4288002033 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25.00 39.50 254. 79 2665 MAIN ST 86 4288002044 Commercial 0.287 1.00 0.287 587.72 496.24 125.00 0.00 125. 00 197.50 1,281.46 q:\sasta moaica\msbia 82 act\ sarepons\ monica mabia lights sdwk ad rp[ 23aprO8.doo
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Packet Pg. 338 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements City of Santa Monica -Main Street Business Area. April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008.09. Page 17 c=axb h=af+i k=e+d+i
Festoon Festoon. Festoon Festoon Total
Festoon Lighting Lighting Light Bulb Lighting Sidewalk Sidewalk Total Maximu m Map Assessor's 4and Lighting Benefit Benefit Replace m't 08M Main St Side-St Sidewalk Sidewa lK FY OS-09 Property Address No. Parcel No. Use Acres Factor Acres Asmt Asmt LF LF LF Asmt Asmt 2663 MAIN ST 87 4288002035 Commercial 0.115 1.00 0.115 235 50 198.84 5p.00 100.00 150 00 237.00 671 34 2702 MAIN ST 68 4288011016 Commercial 0.091 1.00 0.091 186 35 157.35 50.00 79.40 129.40 204.45 548. 15 150 HILL ST 89 4288011901 Parkin / Access 0.00 000 0.00 25.00 25 00 39.50 39.50 2725 NEILSON WAY 90 4288011900 Parkin / Access 0.00 000 0.00 72.70 72 70 114.87 114.87 2708 MAIN 5T 91 4288011009 Commercial 0.046 1.00 0.046 94 20 79.54 25.00 0.00 25 00 39.50 213.24 2710 MAIN ST 92 4288011002 Commercial 0.022 1.00 0.022 45 05 38.04 25.00 0.00 25 00 39.50 122.59 2712 MAIN ST 93 4288011003 Commercial 0.023 1.00 0.023 47 10 39.77 25.00 0,00 25 00 39.50 126.37 2716 MAIN ST 94 4288011004 Commercial 0.045 1.00 0.045 92 15 77.81 50.00 0.00 50 00 79.00 248.96 2720 MAIN ST 95 4288011005 Commercial 0.045 1.00 0.045 92 15 77.81 50.00 0.00 50 00 79.00 248.96 2724 MAIN ST 96 4288011006 Commercial 0.045 1.00 0.045 92 15 77.81 50.00 0.00 50 00 79.00 248.96 2732 MAIN ST 97 4288011007 Commercial 0.022 1.00 0.022 45 05 38.04 25.00 0.00 25 00 39.50 122.59 2736 MAIN ST 98 4288010001 Commercial 0.022 1.00 0.022 45 05 38.04 25.00 0.00 25 00 39.50 122.59 2802 MAIN ST 99 4288010015 Commercial 0.067 1.00 0.067 137 20 115.85 75.00 0.00 75 00 118.50 371.55 2804 MAIN ST 100 4288010005 Commercial 0.045 1.00 0.045 92 15 77.81 50.00 0.00 50 00 79.00 248.96 2810 MAIN ST 101 4268010006 Commercial 0.089 1.00 0.089 182 26 153.89 100. 00 0.00 100 00 158.00 494. 15 2826 MAIN ST 702 4288010007 Commercial 0.067 1.00 0.067 137 20 115.85 75.00 38.51 113 51 179.35 432.40 2826 MAIN ST 703 4288010014 Commercial 0.00 000 0.00 40.34 40 34 63.74 63.74 151 ASHLAND AVE 104 4288010901 Parkin ( Access 0.00 000 0.00 25.21 25 21 39.83 39.83 2825 NEILSON WAY 105 4288010900 Parkin ( Access 0.00 000 0.00 65.55 65 55 103.57 103.57 2701 MAIN ST 106 4288003043 Commercial 0.172 1.00 0.172 35223 297.40 75.00 100.00 175 00 276.50 926.13 2709 MAIN ST 107 4288003042 Commercial 0.057 1.00 0.057 11673 98.56 25.00 0.00 25 00 39.50 254.79 2711 MAIN ST 108 4288003041 Commercial 0.057 1.00 0.057 11673 98.56 25.00 0.00 25 00 39.50 254.79 2713 MAIN ST 109 4288003040 Commercial 0.057 1.00 0.057 116 73 98.56 25.00 0.00 25 00 39.50 254.79 2719 MAIN ST 110 4286003045 Commercial 0.230 1.00 0.230 471 00 397.69 100.00 0.00 100 00 158.00 1 026.69. 2727 MAIN ST 111 4288003035 Commercial 0.057 1.00 0.057 116 73 98.56 25.00 0.00 25 00 39.50 254.79 2727 MAIN ST 112 4288003034 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25 00 39.50 254.79 2727 MAIN ST 113 4288003033 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25 00 39.50 254.79 2801 MAIN ST 174 4288003032 Mixed Use 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25 00 39.50 254.79 2803 MAIN ST 115 4288003048 Commercial 0.114 1.00 0.114 233.45 197.11 50.00 0.00 50 00 79.00 509.56 2807 MAIN ST 116 4288003029 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25 00 39.50 254.79 2817 MAIN ST 117 4288003028 Parkin / Access 0.057 0.25 0.014 29.18 24.64 25.00 0.00 25 00 39.50 93.32 2817 MAIN ST 118 4288003027 Parkin / Access 0.057 0.25 0.014 29.18 24.64 25.00 0.00 25 00 39.50 93.32 2817 MAIN ST 119 4288003026 Parkin / Access 0.057 0.25 0.014 29.18 24.64 25.00 0.00 25 00 39.50 93.32 2817 MAIN ST 120 4288003044 Commercial 0.115 1.00 0.115 235.50 198.84 50.00 0.00 50 00 79.00 513.34 2821 MAIN ST 121 4288003023 Commercial 0.172 1.00 0.172 352.23 297.40 75.00 700.00 175 00 276. 50 926.13 2900 MAIN ST 122 4288009008 Commercial 0.066 1.00 0.066 135.16 114.12 75.00 38.43 113 43 179.22 428.50 2900 MAIN ST 123 4288009001 Parkin / Access 0.00 0.00 0.00 40.67 40 67 64.26 64.26 150 ASHLAND AVE 124 4288009901 Parkin / Access 0.106 0.25 0.027 54.27 45:82 50.42 50.42 1.00 84 159.33 259.42 2911 NEILSON WAY 125 4288009900 Parkin / Access 0.286 0.25 0.072 146.42 123.63 131.10 131.10 262 20 414.28 684.33 2910 MAIN ST 126 4288009009 Commercial 0.022 1.00 0.022 45.05 36.04 25.00 0.00 25 00 39.50 122.59 2912 MAIN ST 127 4288009013 Commercial 0.045 1.00 0.045 92.15 77.81 25.00 0.00 25 00 39.50 209.46 2914 MAIN ST ~ 128 4288009014 Commercial 0.045 1.00 0.045 92.15 77.81 25.00 0.00 25 00 39.50 209.46 2916 MAIN 5T 129 4288009012 Commercial 0.022 1:00 0.022 45.05 38.04 25. 00 38.18 63.18 99.82 182.91 q:\santa monica\mabia 82 act\ sareports\ monica mabia lights sdwk.ad rpt 23aprO8.doc
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Packet Pg. 339 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements City of Santa Monica -Main Street Business Area April 23, 2008 Festoon Lighting and Sidewalk Cleaning Assessment District - FY 2008.09 Page 18 c=axb h=qf+ i k=a+d+i
Festoon Festoon Festoon Festoon Totaf
Festoon Lighting Lighting Light Bulb Lighting Sidewalk Sidewalk Total Maximum Map Assessor's Land Lighting Benefit Benefit Replacem't O&M Main St Side-St Sidewalk Sidewalk FY OB-09
Property Address No. Parcel NO. Use Acres Factor Acres Asmt Asmt LF LF LF Asmt Asmt 2916 MAIN ST 130 4288009007 Commercial 0.023 1.00 0.023 47.10 39.77 40.00 40.00 80.00 126.40 21327 2924 MAIN ST 131 4288008009 Commercial 0.045 1.00 0.045 92.15 77.81 25.00 78.11 103.11 162.91 332 87 177 PIER AVE 132 4288008008 Commercial 0.00 0.00 0.00 160.08 180.08 284.53 284 53 2926 MAIN ST 133 4288008004 Commercial 0.045 1.00 0.045 92.15 77.81 25.00 0.00 25.00 39.50 209.46 2934 MAIN ST 134 4288008005 Commercial 0.135 1.00 0.135 276.46 233.42 75.00 0.00 75.00 118.50 628 38 2942 MAIN ST 135 4288008007 Commercial 0.126 1.00 - 0.126 258.03 217.86 70.09 78.01 148.10 234.00 709 89 2901 MAIN ST 136 4288004028 Commercial 0.113 1.00 0.113 231.40 195.38 50.00 100.00 150.00 237.00 663 78 2905 MAIN ST 137 4268004024 Commercial 0.057 1.00 0:057 116.73 98.56 25.00 0.00 25.00 39.50 254 79 2909 MAIN ST 138 4288004023 Commercial 0.229 1.00 0.229 468.95 395.96 100. 00 0.00 100 00 158 00 1 022 91 2919 MAIN ST 139 4288004022 Commercial 0.115 1.00 0.115 235.50 198.84 50.00 0.00 50.00 79.00 513 34 2923 MAIN ST 140 4286004021 Commercial 0.057 1.00 0.057 116.73 98.56 25.00 0.00 25 00 39 50 254 79 2925 MAIN ST 141 4288004020 Commercial 0.058 1.00 0.058 118.77 100.29 25.00 0.00 25.00 39.50 258 56 2929 MAIN ST 142 4286004019 Commercial 0.114 1.00 0.114 233.45 197.11 50.00 0.00 50.00 79.00 509 56 2939 MAIN ST 143 4288004018 Commercial 0.056 1.00 0.056 114.68 96.83 24.50 0.00 24.50 38.71 250 22 2937 MAIN ST 144 4288004017 Commercial 0.059 1.00 0.059 120.82 102.02 25.50 0.00 25.50 40.29 263 13 2941 MAIN ST 145 4288004027 Commercial 0.115 1.00 0.115 235.50 198.84 25.00 0.00 25.00 39.50 473 84 2943 MAIN ST 146 4288004026 Commercial 0.115 1.00 0.115 235.50 196.84 25.00 200.00 225.00 355.50 78984 3002 MAIN ST 147 4288007009 Commercial 0.145 1.00 0.145 296.93 250.72 79.79 77.76 157.55 246.93 79658 170 PIER AVE 148 4288007011 Parkin ( Access 0.00 0.00 0.00 47.00 47.00 74.26 74 26 170 PIER AVE 149 4288007001 Commercial 0.00 0.00 0.00 85.00 85.00 134.30 134 30 3008 MAIN ST 150 4288007006 Commercial 0.062 1.00 0.062 126.96 107.20 35.00 0.00 35.00 55.30 289 46 3016 MAIN ST 151 4268007007 Parkin / Access 0.138 0.25 0.035 70.65 59.65 75.00 77.46 152.46 240.89 371 19 3005 MAIN ST 152 4288005015 A artment 0.737 0.25 0.184 377.31 318.56 161.00 400.00 561.00 886.38 1,582. 27 3100 MAIN ST 153 4288006015 Commercial 0.442 1.00 0.442 905.14 764.25 125.37 167.40 292.77 462.58 2,131. 97 212 MARINE ST 154 4286005017 Com-Condo 0.101 1.00 0.101 206.38 174.26 154.68 38.29 192.97 304.89 685.53 212 MARINE ST 155 4288005018 Com-Condo 0.00 0.00 0.00 46 50 46 50 73 47 73 47 212 MARINE ST 156 4288005019 Com-Condo 0.00 0.00 0.00 49.23 49.23 77.78 77 78 212 MARINE ST 157 4288005020 Cam-Condo 0.00 0.00 0.00 50.60 50.60 79.95 79.95
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Packet Pg. 340 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements
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Packet Pg. 341 Attachment: 2008. 07.22 Formation of Main Street Assessment District (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Disbursement
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Packet Pg. 342 Attachment: 2005. 09.13 Termination of VEDC Contract and Approval of Contract with Main Street Business Improvement Association (5772 :
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Packet Pg. 343 Attachment: 2005. 09.13 Termination of VEDC Contract and Approval of Contract with Main Street Business Improvement Association (5772 :
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Packet Pg. 344 Attachment: 2005. 09.13 Termination of VEDC Contract and Approval of Contract with Main Street Business Improvement Association (5772 :
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Packet Pg. 345 Attachment: 2005. 09.13 Termination of VEDC Contract and Approval of Contract with Main Street Business Improvement Association (5772 :
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Attachment: 2004. 09.28 Grant of Mitigation Funds to MSBIA (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Disbursement and
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Attachment: 2004. 09.28 Grant of Mitigation Funds to MSBIA (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Disbursement and
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Attachment: 2004. 09.28 Grant of Mitigation Funds to MSBIA (5772 : Approval of Agreements with MSBIA: Fiscal Agent, Disbursement and City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 5.J
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 Adding Santa Monica Municipal Code Section 4.08.830 to Prohibit Unlawful Possession of Catalytic Converters.
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on May 24, 2023, the City Council introduced for first reading an Ordinance adding Santa Monica Municipal Code Section 4.08.830 to prohibit unlawful possession of catalytic converters. 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-Catalytic Converters 2d
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1 City Council Meeting: June 13, 2023 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.830 AND
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS WITHIN THE CITY OF SANTA MONICA
WHEREAS, the theft of catalytic converters has been an increasing problem within the City of Santa Monica in recent years; and
WHEREAS, catalytic converters contain expensive precious metals including platinum, palladium, and rhodium; and
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing the damage to the vehicle is typically more than $2,000 to the victim; and WHEREAS, since 2020, over 646 catalytic converter thefts have occurred in the City of Santa Monica, and catalytic converter thefts are increasing every year, with an average of approximately 50 incidents per month; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing these thefts using relatively common tools; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns; and (3) the challenges with prosecuting criminals for catalytic converter theft where a victim cannot be identified; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer the tremendous
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Packet Pg. 350 Attachment: ORD-Catalytic Converters 2d (5801 : Catalytic Converters) 2 consequence of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and the feeling of being unsafe in the community; and WHEREAS, finding a victim of these crimes is difficult due to the relatively undetectable nature of the catalytic converter thefts and the difficulty in tracing catalytic converters back to a particular victim; and
WHEREAS, there are no City, State, or Federal legislation applicable within the City requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to protect the public by deterring catalytic converter thefts; and
WHEREAS, the proposed ordinance seeks to: (1) deter criminal activity by establishing regulations addressing catalytic converter thefts; (2) sanction individuals in unlawful possession of stolen catalytic converters; (3) prevent criminals from profiting from the sale and recycling of stolen catalytic converters; (4) provide justice to the victims of catalytic converters; (5) reduce crime; and (6) minimize the impact on the City of Santa Monica;
WHEREAS, this Ordinance is necessary to provide the Santa Monica Police Department a means to protect the public, deter this criminal activity and promote a more productive use of resources by staff responsible for investigating catalytic converter thefts; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.830 is hereby added to read as follows:
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Packet Pg. 351 Attachment: ORD-Catalytic Converters 2d (5801 : Catalytic Converters) 3 4.08.830 Unlawful Possession of a Catalytic Converter (a) It shall be unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter. (b) As used in this Section, the following items shall have the following meanings:
(1) “Lawful possession” includes being the lawful owner of the catalytic converter or in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
(2) “Documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes, but is not limited to, the following document types: bill of sale from the original owner with photographs, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, or vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of “documentation or other proof” is based on the totality of the circumstances. (c) Each violation of this Section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized in the Santa Monica Municipal Code.
(d) Any person violating this Section shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars per violation, or by
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Packet Pg. 352 Attachment: ORD-Catalytic Converters 2d (5801 : Catalytic Converters) 4 imprisonment for a period not exceeding six months, or by such fine and imprisonment.
The remedies provided in this subsection are not exclusive, and nothing in this subsection shall preclude the use or application of any other remedies, penalties, or procedures established by law.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 353 Attachment: ORD-Catalytic Converters 2d (5801 : Catalytic Converters) City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 5.K
1 of 3
To: Mayor and City Council
From: Gigi Decavalles-Hughes, Director, Finance Department, Procurement Subject: Award Bid #4445 to Bound Tree Medical for purchase and delivery of Microflex Disposable gloves
Recommended Action
Staff recommends that the City Council:
1. Award Bid #4445 to Bound Tree Medical, an Ohio-based company, for the purchase and delivery of Microflex disposable gloves to be used by staff citywide;
2. Authorize the Procurement Manager to issue annual purchase orders to Bound Tree Medical, for the purchase and delivery of Microflex disposable gloves for a total amount not to exceed $720,000 over a five-year period, with future funding contingent on Council budget approval; and,
3. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Summary
The City of Santa Monica purchases Microflex disposable gloves for use across various City departments. The Finance Department oversees the solicitation process for goods and services that are used citywide.” Disposable gloves are used to protect staff against a variety of hazards, from biohazards to industrial. In March 2023, the Finance Department conducted a formal bid process for the purchase of Microflex disposable gloves from authorized distributors. Staff recommends that the City Council award the bid for the purchase of Microflex disposable gloves to Bound Tree Medical in an amount not to exceed $720,000 over a five-year period.
Discussion
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The City purchases disposable latex gloves for use across many departments.
Depending on the department, City staff experience a variety of hazards in a typical workday, from biohazards (Police and Fire) to industrial (Public Works and Big Blue Bus), with exposure crossover (biohazard/industrial) among many departments. Over the years, staff has tested and evaluated many types of gloves for the various applications throughout the City. The Microflex gloves were chosen as the best fit for a wide range of departmental needs. They are much thicker than the average disposable latex glove, provide protection against harmful chemicals, including solvents, have textured fingers for a reliable grip, and extended coverage over the wrist and forearm.
The Microflex brand may be sourced from many distributors throughout the industry as is apparent by the number of bids received from various distributors.
Vendor Selection
Bidder Recommendation
Best Bidder Bound Tree Medical
Evaluation Criteria Price, previous experience, quality of product, compliance with City specifications, lead-time, and most favorable overall renewal options with increases only if mandated by the manufacturer.
Municipal Code SMMC 2.24.180
Bid Data
Date Posted Posted On
Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
3/31/2023 City's Online
Bidding Site
Santa Monica Daily Press 6 04/17/2023
Best Bidder Justification
Based on the evaluation criteria in SMMC 2.24.180, Bound Tree Medical is recommended as the best bidder.
Submittals Received
Vendor Safegrip Latex Exam Gloves
(50/bx)
Midnight Nitrile Exam
Gloves (100/bx)
AP Safety $102.69 $98.69
Bound Tree Medical $95.80 $86.00
Empire Safety $116.90 $96.90
Ferguson Enterprise $120.00 $107.50
Rescue Safety $106.40 $95.70
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Environmental Review
The award for Microflex disposable gloves 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 various funds to award purchase orders with Bound Tree Medical for the purchase and delivery of Microflex disposable gloves.
Purchase orders will be processed by individual departments and issued to Bound Tree Medical for a cumulative total not to exceed $720,000 over a five-year period. Funds are included in the FY 2023-25 Proposed Biennial Budget.
Purchase Order Request
FY 2023-24
Budget
Request Amount
Department/CIP Account # Total Purchase
Orders Amount
TBD Various Accounts $720,000
Future year funding is contingent on Council budget approval.
Prepared By: Kellee MacDonald, Senior Buyer
Approved Forwarded to Council
Attachments:
A. OAKS Form
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Packet Pg. 357 Attachment: OAKS Form (5780 : Award Bid #4445 to Bound Tree Medical) City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 5.L
1 of 4
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of First Modification of Agreement #4982 with Good Guard Security Inc. for Parking Structure Security Services
Recommended Action
Staff recommends that the City Council
1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to agreement #4982 in the amount of $2,200,000 with Good Guard Security, Inc. to provide overnight security services in parking facilities and adjacent areas. This will result in a five and a half year amended agreement with a new total amount not to exceed $2,400,000, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica currently manages and maintains ten parking structures in the City’s downtown area. The parking structures, which also include public restrooms and refuse enclosures, enhance accessibility to restaurants, retail, and other businesses for those visiting and working in downtown. As part of the City’s commitment to a Clean and Safe Santa Monica, the City piloted a six-month agreement with Good Guard Security, Inc. for overnight security services in these parking facilities. Staff recommends increasing the contract amount and extending the contract term for an additional five years. If Good Guard fails or refuses to perform its duties, and if the default is not cured within a period of five days, the City has the option to terminate this agreement by written notice to Good Guard.
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Discussion
In July 2022, staff began the process of soliciting unarmed security guard services for Santa Monica Downtown City Parking Structures 1,2,4,5,6,9,10, and added the Ken Edwards Center, Main Library, and the Civic Center to the scope of services. The three additional structures were added to the scope due to a lack of security patrol services at those locations. Vendors were to provide cost proposals for four (4) security guards, of which one must be a supervisor, for eight-hour shifts between the hours of 2100 to 0500, seven days per week. The duties consisted of patrolling parking structures by vehicle and foot, notify law enforcement of any unlawful activity, patrol adjacent areas and stairwells, and respond to emergency situations such as fire alarms, power outages, and medical emergencies.
A Request for Qualifications for Unarmed Security Patrol Services closed on September 16, 2022. At that time, the City received eleven vendor proposals and evaluated all vendors using the following criteria: Experience, References, Qualifications, Staffing, Capabilities, Licenses and Certifications, and Quality Control. Of the eleven vendors, seven met the qualifications criteria and were invited to bid under Bid No. 4439. Of the seven vendors that were invited to bid, four submitted bids by the October 19, 2022 deadline and all four vendors were invited to present their proposals to the evaluation team.
The bids were evaluated based on the criteria in SMMC 2.24.180 including price, ability, capacity, and skill to perform or provide services, and the character, integrity, reputation, judgment, training, experience, and efficiency of the bidder. Of the four vendors, staff selected Good Guard Security, Inc. as the best qualified vendor. Good Guard stood out among the group for two reasons: the technology they deploy and their customer-oriented approach.
In January 2023, the City piloted a six-month program with Good Guard Security Inc, with a contract term ending on June 30, 2023. The pilot program proved successful, with a notable decrease in calls for police services at all parking structures, the Main Library, and the Ken Edwards Center (KEC). A comparison from January through May of 2022 to 2023 proved a decrease of 48% in calls for service. Calls for service specific to Burglary Theft from Motor Vehicle (BTFMV) have decreased by 60%. Library staff noticed the impact of overnight security in stairwells, library grounds, and elevators.
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During the pilot period, security guard schedules were adjusted to meet the changing needs of the Main Library and the Ken Edwards Center. The schedule adjustment produced noticeable results almost instantly. During the pilot period, there was a need for additional guards during the daytime hours on the Promenade, and Good Guard Security Inc. assigned 6 guards and a supervisor within 24 hours’ notice. Security guard supervisors participate in Homeless Liaison Program bi-weekly meetings, monthly parking structure walk throughs, and other meetings regarding maintenance, homeless outreach, and crime trends in the downtown area. The online reporting provided by the company has assisted with collaborative efforts across multiple departments and greatly contributed to improving the downtown cleanliness and public safety. Good Guard uses the “SilverTrac” guard monitoring system which provides GPS-based tracking capabilities. With this technology, designated City staff can access the “SilverTrac” system and look up the current location of guards as well as download GPS-based activity reports, showing the location of guards throughout their shifts.
Environmental Review
The contract for security services at the City’s parking facilities is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Section 15301 provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The contract would continue existing security services at the parking facilities and would not result in any modifications to existing facilities.
Therefore, the contract is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund resulting from resources generated by Measure CS to increase the amount of the contract with Good Guard Security, Inc. for overnight security services in parking facilities and adjacent areas.
Funds are included in the FY 2023-25 Proposed Biennial Budget.
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Contract Modification Request
Agreement #
Current Authorized
Amount Future Years Dept Account # Total Revised Contract Amount 4982 $200,000 $800,000 01180002.550010 $1,000,000
$1,400,000
01180002.550010 -
Measure CS Funding $1,400,000
Total $2,400,000
Future year funding contingent on Council approval.
Prepared By: Robert D'andrea, Police Lieutenant
Approved Forwarded to Council
Attachments:
A. CT# 4982 (Original Agreement)
B. Oaks Initiative Form - GoodGuard
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Agreement No. 4982 (CCS)
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Agreement”), entered into as of January 1, 2023 (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Good Guard Security, Inc (GOOD GUARD), 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 Constitution of the State and the Charter of the City.
B. GOOD GUARD is qualified to do business, and is doing business, in the State of California. GOOD GUARD represents it has the background, knowledge, experience, and expertise necessary to provide the services set forth in this Agreement.
C. The City and GOOD GUARD desire to enter into an agreement for GOOD GUARD to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.
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, unless sooner terminated in accordance with Section 14.
2. GOOD GUARD Services. GOOD GUARD will perform all of the services (“Services”) described in Exhibit A, Scope of Services. GOOD GUARD will complete the Services in accordance with Exhibit B, Budget.
3. City Responsibilities. The City agrees to:
3.1 Make available to GOOD GUARD 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 review all documents submitted to it and to respond within a reasonable period of time.
4. Compensation. The City will compensate GOOD GUARD for the Services performed by it and provided to City in an amount not to exceed Two Hundred Thousand Dollars ($200,00.00), as set forth in Exhibit B.
5. Invoices. GOOD GUARD 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.
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F 12/15/2022
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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:
Santa Monica Police Department
City of Santa Monica
1660 7th Street
Santa Monica, California 90401
Attention: Captain William Heric
Re: Agreement No. <4982>
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Agreement No. <4982>
6.2 All notices, demands, requests or approvals to Good Guard:
Good Guard Security, Inc
21622 Plummer St., Suite 200
Chatsworth, CA 91311
Attention: Jasmine Malik
(747) 206-4249
Re: Agreement No. <4982>
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 GOOD GUARD or any of Good Guard’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.
8. Integrated Agreement. 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 GOOD GUARD and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, GOOD GUARD must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 363 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) - 3 -
arise from or in connection with the performance of the Services by GOOD GUARD or Good Guard’s agents, representatives, employees or subconsultants for the duration of this Agreement. GOOD GUARD 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 GOOD GUARD agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of GOOD GUARD, or GOOD GUARD’s employees, agents, officers, and subcontractors. GOOD GUARD’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of GOOD GUARD, its employees, agents or officers, or subcontractors; provided, however, that GOOD GUARD’s duty to defend, indemnify, protect and hold harmless must not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding GOOD GUARD’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from GOOD GUARD, if City chooses to do so.
10.2 Enforcement Costs. GOOD GUARD agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 GOOD GUARD 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 GOOD GUARD or of any general partner or joint venturer or syndicate member of GOOD GUARD, if a partnership or joint venture or syndicate exists, which results in changing the control of GOOD GUARD, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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12. Permits and Licenses. GOOD GUARD, 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 GOOD GUARD 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 GOOD GUARD.
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 GOOD GUARD. Upon termination of this Agreement, City will pay GOOD GUARD any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. GOOD GUARD 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. GOOD GUARD 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. GOOD GUARD may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 GOOD GUARD 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, subcontractor costs, or other direct costs. GOOD GUARD 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 GOOD GUARD must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. GOOD GUARD must clearly identify all records and make them readily accessible to the City. At the City’s request, GOOD GUARD must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
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18.3 GOOD GUARD must allow the City to have free access to GOOD GUARD’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 GOOD GUARD’s records, and GOOD GUARD agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in the information reported by GOOD GUARD, GOOD GUARD 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 GOOD GUARD or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by GOOD GUARD or any subcontractor pursuant to this Agreement may be made available to any individual or organization by GOOD GUARD without prior written approval by City.
19.2 At the City’s request, GOOD GUARD must furnish reports concerning the status of the Services.
20. Standard of Care. GOOD GUARD 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 GOOD GUARD’s profession currently practicing in the same locality under similar conditions.
21. Subcontractors.
21.1 If GOOD GUARD proposes to have any subcontractor perform any part of the Services, GOOD GUARD must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subcontractor, 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 GOOD GUARD will be responsible for the quality of any subcontractor’s work.
Every subcontract or agreement of any kind entered into between GOOD GUARD and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4982 (CCS) entered into between the City of Santa Monica and GOOD GUARD on January 1, 2023.
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 GOOD GUARD agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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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.
25. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts must be construed together and must constitute a single modification.
Any signature to this Agreement transmitted electronically through DocuSign or PDF must be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature must have the same force and effect as an original signature).
26. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
GOOD GUARD Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
DOUGLAS SLOAN
12/14/2022
City Attorney
Shawn Helmandi
Good Guard Security, Inc
President
12/14/2022
12/15/2022
City Manager
David White
Assistant City Clerk
12/21/2022
Nikima Newsome
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Packet Pg. 367 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) Exhibit A
Scope of Services
Specifications
Good Guard must furnish all necessary labor (personnel), supervision, training, uniforms, vehicles and equipment necessary to provide appropriate unarmed security guard services for Santa Monica Downtown City Parking Structures 1, 2, 4, 5, 6, 9, 10, Ken Edwards Center, Library, and the Civic Structure as well as the adjacent areas.
General performance criteria must include, but not be limited to, providing unarmed security guard services to:
• Monitor the public access to the listed parking structures and related premises during hours specified by visiting all aisleways, floors, landings, stairwells, elevators, basements, enclosures, adjacent alleyways and open restrooms on a regular patrol.
• Perform inspection, detection and investigation of all security-related incidents, violations of regulations and matters of public safety in the parking structures and report the same to appropriate authorities.
• Prepare and submit written reports as directed.
• Respond promptly and appropriately to all security-related emergencies.
Schedule and Needs
Good Guard must provide a minimum of four (4) security guards, of which one must be a Lead. Overnight unarmed security services are to be provided eight (8) hour per night, seven (7) days a week. Start/end times may vary depending on the City’s needs, but will typically be between the hours of 2100 to 0500. A minimum of two vehicles are required for this assignment.
Scope of Work
1. General Duties
Good Guard must perform the following services, including, but not limited to:
1. Patrol each specified parking structure to provide a visible presence to discourage theft, vandalism, trespassing, or any criminal or unauthorized activity.
2. Patrol adjacent areas of parking structures and ensure that gated storage areas are locked, secured, and clear of trespassers.
3. Patrols to be conducted by both vehicle or electric cart (transport between parking structures) and foot patrol (checking elevators/stairwells).
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Packet Pg. 368 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
4. Observe, proactively engage and report while performing patrols.
5. Ensure elevators and stairwells are clear, public restrooms remain locked, trash enclosures and storage areas are secured and unoccupied by unauthorized persons, and any issues are addressed in support of customer, business, and resident use of the facilities.
6. Recognize and respond to security threats.
7. Notify the appropriate law enforcement agency immediately of any unlawful activity.
8. Interface with the Santa Monica Police Department or any emergency responders / City personnel responding to the parking structures when necessary.
9. Recognize and respond to emergency situations and safety hazards, such as fire alarms, power outages, and medical emergencies.
10. Assist Santa Monica Police Department (SMPD) with Burglary/Theft From Motor Vehicle incident prevention.
11. Report vandalism, graffiti, maintenance issues promptly.
12. Develop written post orders and train all security guards on its procedures.
1.1. Security Guard Duties
Security Guards are required to perform patrols of the assigned facilities and maintain communication with each other, with designated City personnel and with appropriate law enforcement agencies. Security Guards must be equipped with portable communication devices permitting communication with company headquarters and/or with appropriate law enforcement agencies.
Good Guard will ensure all Security Guards assigned to the City will provide physical and other related security deterrence as described below. Assigned Security Guards must follow the rules of conduct described in section 6.2.
Security Guards must:
1. Be prompt and on time.
2. Wear a uniform with name badges.
3. Maintain high visibility
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Packet Pg. 369 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
4. Patrol parking structures, investigate unusual or suspicious conditions and report activity to SMPD.
5. Take appropriate measures to prevent trespass on, damage to, or theft of City property.
6. Interact in a professional manner with the public.
7. Maintain a daily activity report that summarizes the significant events that occurred during the shift.
8. Survey facilities for any defective lights, electrical outages, broken equipment, vandalism, and biohazards; and
9. Report any defects, maintenance issues, vandalism, or biohazards promptly.
10. DURING EMERGENCIES:
A. Security guards must respond to all requests for emergency assistance regardless of the nature of the emergency.
B. Upon determination of the nature of the emergency, the security officer must immediately notify the appropriate law enforcement agency, fire department and/or medical aid provider as required.
C. Medical aid administered by the security officer must be only to the extent that the officer is qualified to administer in accordance with the officer’s level of certification
1.2. Site Supervisor Duties
Good Guard must provide a dedicated Site Supervisor who can be contacted by cell phone by City representatives during all hours of operation. The Site Supervisor must be first approved by the City, who can require the Good Guard to remove the incumbent at any time.
The Site Supervisor is responsible for:
1. Scheduling patrol security guards
2. Training of personnel
3. Responding to the City’s concerns and requests and interfacing with City personnel
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Packet Pg. 370 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
4. Maintaining a satisfactory level of security guard performance that will include, adherence and enforcement of all post orders
5. Providing reports regarding any issues pertaining to the Contract and/or the performance of the Security Guards, training and making decisions on behalf of the Good Guard
6. Conducting periodic site inspections
7. Participating in monthly parking structure walks with the Parking Structure group.
8. Attending biweekly partner meetings and other security-related meetings as requested
2. Uniforms and Gear
Security guards assigned to perform work must wear uniforms at all times. These uniforms must clearly identify the name of Good Guard and the name of the individual security guard, in conformance with California state requirements. This identification may be accomplished through the use of shoulder patches, silk screening or stitched company emblems, insignias or logos.
Good Guard is to provide all Guards with uniforms in order to perform security services in accordance with City requirements as follows:
2.1. Good Guard Provided Patrol Uniforms
1. Good Guard must provide City approved uniforms, consisting of proper fitting blouse, pants, boots, jackets, and rain gear to security personnel. Each security guard will be equipped with the standard gear outlined below at Good Guard’s expense.
2. Good Guard must propose uniform type, style and color and provide photos and a detailed description of the uniforms, Good Guard employee, photo identification badge, accessories, and equipment assigned to its staff. Uniforms must be of a professional nature and photos must be included with the bid for City approval. Uniforms will be given to Good Guard employees in sufficient quantity by the Good Guard and will ensure that all Security Guards assigned to City facilities comply with basic appearance standards.
3. Good Guard must ensure that all personnel have a neat and clean appearance and that the uniforms are well fitted, pressed, include all appropriate rank insignias, badges patches and name tags.
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Packet Pg. 371 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
4. Uniform shirts must have the badge and common logos in a visible location.
5. Uniforms must be replaced if it becomes discolored, torn, stained, exhibits burn marks, has visible loose threads or sagging hems, or when it is snagged or is torn.
6. All uniformed personnel of Good Guard will be required to carry Good Guard’s security identification badge and wear City-issued identification while on duty.
7. Denim pants are not acceptable
2.2. Standard Gear
Good Guard must be responsible for ensuring that each Guard is properly trained and equipped with the standard gear listed below at the Good Guard’s expense and will ensure proper operation of issued gear:
1. Security badge
2. Uniform belt
3. Flashlight holder and durable flashlight
4. Portable Communication Device
5. Uniform jackets
A. Must say SECURITY on the back of the jacket
B. Must have shoulder patches displaying Good Guard’s logo
6. Uniform hat with SECURITY printed on the front and include Good Guard’s logo
7. Yellow Safety Vest- ANSI, Class II, with Security on the back
3. Grooming and Appearance
1. While on duty, Guards must be in complete uniform. All personnel must be neat in appearance with uniforms clean, pressed, and correctly fitted, and shoes shined. Security guards must wear their shirts tucked inside their slacks.
2. Hair: Security guards must be well groomed, with their hair clean and neatly cared for. For safety reasons, hair must not interfere with their vision. Hair must be styled in such a manner that it does not extend beyond the top edge of the uniform collar.
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Packet Pg. 372 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
3. Jewelry: Wrist watches, medical or identification bracelets, rings, and earrings are the only items of jewelry authorized to be exposed when in uniform and on duty. Jewelry must not be worn in such as manner as to present a safety hazard to the individual, or a distraction of professional appearance.
4. Body Art and Modifications: Body art that is offensive or depicts illegal activity must not be visible while on duty.
4. Equipment and Vehicles
Good Guard must furnish all equipment and vehicles necessary to perform the work as described herein. All equipment must be kept in good repair and must conform to all federal, state and local requirements.
Required equipment must include but not be limited to:
1. Patrol Vehicle or Electric Cart Vehicle to perform security inspections during shift.
• The vehicle must have visible company identification at all times. • A minimum of two vehicles required for this assignment
2. Radio communication equipment.
• Good Guard must maintain a radio communication system providing for direct voice communication between the security patrol officer, a central dispatch center and appropriate law enforcement agency.
3. Cellular phone for Site Supervisor
5. Reporting
5.1. Guard Tour Verification System and Reports: Good Guard is to strategically install security patrol checkpoint system (QR code or other industry standard security guard tour system) to ensure that the security guards are performing their duties. The system is to be approved by the City and deployed within 15 business days of the service. Verification reports are to be supplied to the City’s Contract Manager and her/his designee on a weekly basis for review.
5.2. Daily Activity Reports (DAR) must be generated by each Security Guard which includes all activity during the patrol or shift. The Daily Activity Report will be completed each day, at the end of the patrol or shift, and emailed to the City’s Contract Manager and Site Supervisor no later than the following day. The DAR must include, at minimum, the following information:
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 373 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) a) The Security Guard's name.
b) The times the Security Guard begins and concludes their shift. c) Malfunctioning or damaged City property or equipment (i.e.: broken or missing locks that were replaced, gates, doors, chains and lights); d) Photos of stairwells, elevators, graffiti, suspicious activity and graffiti/vandalism; e) Descriptions of any suspicious persons loitering near the facility. f) Description of any acts of vandalism or intrusion.
g) A report of any event where law enforcement, fire department or other public safety officials are contacted.
h) A description of any other events which the Security Guard may wish to note.
5.3. Photographs: Security Guards are to photograph stairwells, elevators, areas of concern as directed, and submit as part of the DAR on a daily basis.
5.4. Written Incident Reports are to be submitted to the City’s Contract Manager or her/his designee within 24 hours of the incident. Incidents to be reported include, but are not limited to:
Injuries, acts of violence, threats, criminal activity, bomb threats, vandalism, theft, evacuation of facility, trespassers, and conflicts with employees.
6. STANDARDS OF OPERATION
6.1. Personnel Qualifications
Good Guard will provide appropriately equipped and trained security personnel, with background and qualifications completed according to City-specified eligibility criteria, in such numbers as are required by the City.
Good Guard must identify Good Guard's principals, including, but not limited to, the individual responsible for managing day-to-day business operations and provide written qualifications, or resume, for each.
All security personnel are required to meet certain qualifications and standards regarding background, training, experience and health as established in this section. All Security Guards assigned the City:
1) Must be a graduate of a state certified Security Guards/Guard training program and possess current, valid Consumer Affairs guard cards.
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 374 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) 2) Must possess current Fist Aid and CPR (Cardiopulmonary Resuscitation) certification cards.
3) Must be a United States citizen or have certifications of Permanent Residence Status and the right to work from the immigration and Naturalization Service. 4) Must be fully literate in the English language (i.e., able to read, write, speak and, understand clearly), including, but not limited to being able to read and understand all post orders, City policies and procedures, and posted warning/danger signs of potential hazards and safety instructions and properly writing reports and maintaining a daily activity log; an oral command of English sufficient to permit effective communication even in times of stress. 5) Must carry evidence of current license, certificates and permits required by the contract.
6) Must meet and deal tactfully with government personnel, facility employees and the general public; ability to understand, explain, interpret and apply rules, regulations, directives and procedures.
7) Must possess poise, self-confidence and an ability to make sound decisions and react quickly under stressful conditions.
8) Must be able to learn and adapt to changing situations and accept/respond to instructions and direction.
9) Possess and carry in their possession while on duty a valid California Driver License issued by the state of California Department of Motor Vehicles.
6.2. Security Guard Conduct
Security Guards will have a polite and professional attitude, have strong public relation skills, be punctual, be able to follow directions, and possess a high degree of discretion.
Abusive language used with anyone will not be tolerated and will be reason for immediate dismissal.
Security Guards will arrive on time, stay at their assigned posts, and perform their assigned tasks as directed. Security Guards will follow the instructions set forth by the City and will only deviate from those instructions for extenuating circumstances. These extenuating circumstances would include, but are not limited to, medical emergencies, traffic accidents, and unsafe/unlawful conditions.
Security Guards are not allowed to drink alcohol, use drugs, smoke, read unauthorized material, eat, chew gum or tobacco, or do personal grooming while in public view. No personal phone calls or texting are permitted, except in an emergency. Security Guards DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 375 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) must refrain from wearing headphones to maintain situational awareness. All Security Guards will be alcohol and drug free while on duty.
Security Guards will be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. They will be capable of tactfully meeting the public and able to detect criminal acts and take action from discernment of a person’s conduct. Emotional and mental stability is essential since duties normally require contact with the public, and under emergency situations, may involve long periods of duty without relief.
At no time will security personnel accept bribes, tips, or gratuities.
During the performance of the contract the City will make the final determination as to what constitutes adequate security guard attributes and performance.
6.3. Physical Demands
The work to be performed by Security Guards requires frequent and prolonged walking, standing sitting and some running. Accordingly, physical stamina in all its forms (mental, climate-related, etc.) is a basic physical requirement of this position Any individual, who cannot meet the requirements of a Security Guard including inability discovered through on-the-job performance, will not be qualified to work at this location. Those individuals deemed to be unqualified or inappropriate for the position must be removed and replaced within two (2) days of being notified in writing of City's dissatisfaction.
6.4. Keys and Access Control
Security access controls vary per location. The appropriate keys and access cards will be furnished by the City to the successful Good Guard. Good Guard will be responsible for safe keeping of all keys and access cards in their custody. Good Guard will report all lost or stolen keys and access cards to the CITY immediately after discovery of the loss. Good Guard will be charged for the replacement of any lost keys or access cards. If the security of an area where a key or access card is lost and necessitates replacement of any hardware, Good Guard will pay the cost of such replacement.
Keys and access cards are the City’s property. They must only be used for the services described in these specifications. City keys and access cards are not to be used by Good Guard’s personnel for any personal use whatsoever. Failure to comply with this requirement will result in termination of the agreement.
Keys and access cards issued to Good Guard during the term of the contract will be returned at the expiration date of the contract and upon separation of employment of a Security Guard. If any keys or access cards are not returned, the cost to replace them, and any related hardware, will be deducted from the final payment.
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 376 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
6.5. Post Orders
Good Guard is required to provide written post orders documenting site/security station/position-specific operational instructions for assigned security guards to follow.
These procedures are to be created with input from the City’s Contract Manager or her/his designee and must be approved in writing before they are implemented. Post orders must include duty instructions, safety instructions, and emergency instructions.
All Site Supervisors and Security Guards must be responsible for knowing all regulations and written instructions pertaining to performance at all City facilities and other sites as assigned. Security Guards must read and sign off on these post orders as part of their ongoing training. The Good Guard must periodically interview Supervisors and patrol personnel to determine their complete familiarity with requirements. City may amend the Post Orders from time to time as it requires. Good Guard will be informed of any modifications and will ensure that all its personnel working on this contract are informed of the new amendments.
4.3 Vendor Requirements
8. Licenses and Certifications
8.1. Security Guard Certifications
Security Guards must be trained and licensed in accordance with standards set forth by the Department of Consumer Affairs and any applicable state and local laws.
Security Guards assigned under contract to work at City facilities must have a valid Guard Card issued by the State of California and in accordance with Bureau of Security and Investigative Services (BSIS) inclusive of mandatory, elective, and continuing education requirements.
It will be the Good Guard’s responsibility to assure all guards working for City have valid Security Guard licenses issued by the California Department of Consumer Affairs and all other applicable permits and licenses required by local, state, and federal authorities.
Good Guard must provide City with all required and necessary certification that this has been accomplished.
Security Guards with terminated, revoked, or suspended permits and/or licenses will not be qualified to provide services under this contract.
Security Guards assigned to this contract must possess a valid California Driver’s License.
8.2. Licensing and Permits
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Packet Pg. 377 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) Good Guard must be licensed and experienced in performing the services described in this Request for Bid and must provide evidence of current licensing and permits as required by local, State and Federal regulations in providing such services including, but not limited to, a California Private Patrol Operator's License issued by the Department of Consumer Affairs.
Good Guard and its employees must possess all licenses, registrations and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. Good Guard is responsible for ensuring that all Security Guards working at a City site are properly licensed under California law.
Good Guard's security guards must be registered and must have a valid security guard registration card in their possession while on duty. Security Guard registration cards must be presented to City upon request. If a Good Guard's security guard is unable to present his/her security guard registration card upon demand, he/she must be relieved from duty and Good Guard must provide a security guard who has appropriate credentials in his/her possession.
Good Guard must also maintain all required business and professional licenses and permits required by law for accomplishing any work required in connection with this Contract, at no cost to City.
9. Background Checks/Pre-employment Screening/Drug Screening 1) Good Guard will certify in writing that it conducts background checks and medical (physical) examinations on all employees to be assigned to the Facility in order to ensure they meet the minimum requirements set forth in this Request for Bid. Good Guard will also have an anti-drug policy in place that is at least as comprehensive as the City's current policies. At a minimum, drug screens will include testing of urine samples for marijuana, amphetamines, methamphetamines, cocaine and opiates.
2) Evidence of procedures for background checks and of bidder's anti-drug policy must be provided in each vendor's Bid.
3) All background checks must be consistent with State requirements for private security services. The City reserves the right, in its discretion, to disqualify from duty those Security Guards with records of acts constituting grounds for dismissal, removal or denial of a license under State law, including, but not limited to, those delineated in Sections 7587. 1 or 7587. 4 of the Business and Professions Code. 4) All such background checks and medical (physical) examinations will be at Good Guard's expense, will ensure that all Security Guards meet the minimum DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 378 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) requirements set forth in this Request for Bid, and will comply with all applicable laws.
10. Training
Good Guard is responsible for providing security guards with the training required by this contract at Good Guard’s expense. All security personnel will also be subject to on-duty participation in City emergency operation drills and exercises.
Any special training for security service providers required by State, County or Consumer Affairs or as noted above, must be provided and paid for by the Good Guard.
In addition to the mandatory training required by the California Bureau of Security and Investigative Services (BSIS), all security guards assigned to this contract are required to have training in the following areas prior to their assignment at City:
1) Patrol Procedures
2) Observation and Incident Reporting
3) Security Awareness
4) Legal Aspects of Private Security
5) Security Guards Conduct
6) Principles of Communications
7) Principles of Access Control
8) Principles of Safeguarding Information
9) Emergency Response Procedures
10) Life Safety Awareness
11) Workplace Violence
12) Sexual Harassment
13) Discrimination
14) Diversity
15) Conflict Resolution Awareness (i.e. unruly citizens, dealing with difficult and hostile people, etc.)
16) Traffic Control (Parking Lot and City streets)
DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 379 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) 17) Parking Lot Security
18) Terrorism (Recognition, Response, and Recovery)
19) Responding to Bomb Threats
20) Responding to Natural Disasters
21) Heat Illness Prevention and Response
22) Site Specific Training (as outlined in Post Orders) Security Guards will comply with the continuing education requirements as set forth by the BSIS.
Good Guard will provide the City with copies of any and all certifications and certificates of completion for all Security Guards upon request. As new Guards are hired, the Good Guard will be responsible for ensuring that all training, as set forth above, is completed with copies of certifications forwarded to City.
Good Guard must submit with their bid a training program that, at a minimum, meets the requirements set forth above.
10.1. City-Specific Training Requirements:
During contract implementation, supervisors of security guard personnel will receive initial training by City personnel that will familiarize them with the requirements of the contract and of each post. Once the training is complete, it will be the Good Guard’s responsibility for the training of additional or replacement personnel.
10.2. Health and Safety Training
Good Guard will provide safety training as required by the California Department of Industrial Relations, California Occupational Safety and Health Administration, and Occupational Safety and Health Administration (Federal).
11. General Contractor Responsibilities
Good Guard will be responsible for the development, design, coordination and supervision of all services associated with the security program at City facilities. These activities include, but will not be limited to, the following:
1. Evaluating, recruiting, screening, supervising, and training of personnel.
2. Evaluating and providing adequate field supervision to ensure that Security Guards arrive at assigned post on time, are fit for duty, in proper uniform, are DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 380 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) properly trained and oriented, perform their duties throughout their assigned shift, and provide backup as needed during all required hours.
3. Maintaining adequate staffing to ensure that City has the required number of Security Guards on site at all times. All Security Guards assigned to City, even those filling in, must meet all of the requirements of this bid.
4. Installing security guard tour system to monitor security guard patrols and provide reporting of patrol rounds.
5. Providing hand-held mobile communication equipment (cellular telephone) and rechargeable flashlights for each Security Guard on duty to enable communications throughout the facility, both indoors and outdoors. Security Guards must carry the issued hand-held mobile communication devices on their person at all times.
6. Providing security service for the days and hours specified. Any Security Guard unable to work his/her shift must be replaced by Good Guard before the start of the shift. Good Guard must replace any post that is left vacant unexpectedly within thirty (30) minutes and not charge for time not worked.
7. Providing an additional Security Guards when required for special events, which will be billed at the stated contract hourly rate.
8. Maintaining 24-hour communication center 365 days a year for their employees and for City to contact in the event of an emergency.
9. Confidentiality: Good Guard and its personnel must not release any confidential security-sensitive information obtained by them in the performance of this contract without the express written approval of the City.
12. Personnel Responsibilities of Good Guard
Within five (5) days of the agreed upon starting date for services, Good Guard, with the approval of the City’s Contract Manager, or her/his designee, must have selected, equipped and trained an adequate number of qualified personnel to perform the services required as set forth in the contract.
Good Guard must demonstrate to City how unexpected absences and/or shortages in available personnel must be filled so that interruptions in security or any other areas of responsibility are not experienced. Contact information must be provided for Good Guard along with the Site Supervisor’s cell phone number.
12.1. Scheduling of Security Guards
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Packet Pg. 381 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) Good Guard must provide City with a list of all patrol personnel assigned to this contract.
The Site Supervisor must provide the weekly shift schedules to the City’s Contract Manager or her/his designee every Thursday by 4:45pm. Good Guard’s personnel must resolve any problems created by the schedule.
12.2. Removal of Security Guards
The City of Santa Monica expressly retains the right to request any specific contracted personnel be precluded from providing services to the City under this scope of services.
The City or contract manager is not required to provide any reason for requested removal of specified personnel.
Good Guard must effectuate removal of the requested personnel within three (3) business days.
12.3. Overtime
City will only pay for pre-authorized overtime. City will pay Good Guard a rate of one and one-half times the normal billing rate for each person assigned to work overtime. Requests for special events or times of the year that require in excess of forty (40) hours per week of additional service must be billed at the normal base rate, provided City gives ten (10) days advance notice. Good Guard will maintain a reasonable number of trained backup personnel ready to assume assignment at City locations upon request by the City.
12.4. Over-Fills Not Allowed
Over-fills occur when Good Guard supplies too many security guards, security guards for longer periods than required, or security guards of a higher level of pay than agreed upon between the Good Guard and the City for a particular site. City will not pay for overfills, it will only pay for those services agreed to and requested.
12.5. Short-Fills
Short fills occur when Good Guard is unable to supply qualified personnel for the site assigned. Overtime will not be paid to Good Guard to compensate for shortage of security guards while replacement security guards are being assigned.
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Packet Pg. 382 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) Exhibit B
Budget
Purchase Order 12300971
PRICING (January 1, 2023 – June 30, 2023)
Services will be performed based on the rates established Security Officer Hourly Rate: $27.79 (Regular) /$41.68 (OT) Lead Security Officer Hourly Rate: $31.84 (Regular) / $47.76 (OT) Vehicle Hourly Rate: $17.42
Not to exceed amount: $200,000
Account: 01800004.553220
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Packet Pg. 383 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) Exhibit C
Insurance Requirements
Contractual Services Agreement Insurance Requirements
Good Guard must 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 Good Guard, its agents, representatives, employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage must 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 must apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit must be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Good Guard has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Good Guard maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and must be entitled to the broader coverage or higher limits maintained by the Good Guard. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage must be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Good Guard including materials, parts, or equipment furnished in connection with such work or DocuSign Envelope ID: 8A1298DC-5BF7-46C3-BEA1-6412B2E3630F
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Packet Pg. 384 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) operations. CGL coverage can be provided in the form of an endorsement to the Good Guard’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Good Guard’s insurance must be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers must be in excess of the Good Guard’s insurance and must not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein must state that coverage must not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Good Guard hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Good Guard may acquire against the City of Santa Monica by virtue of payment of any loss. Good Guard agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Good Guard, its employees, agents and subcontractors.
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 Good Guard 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 must provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
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Packet Pg. 385 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services) Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Good Guard must 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 must not waive the Good Guard’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 Good Guard, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same must 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 Good Guard resulting from said breach.
Subcontractors
Good Guard must 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 Good Guard does not have employees. The Good Guard must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
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Packet Pg. 386 Attachment: CT# 4982 (Original Agreement) (5768 : 1st Mod - Parking Structure Security Services)
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Packet Pg. 387 Attachment: Oaks Initiative Form - GoodGuard (5768 : 1st Mod - Parking Structure Security Services)
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Packet Pg. 388 Attachment: Oaks Initiative Form - GoodGuard (5768 : 1st Mod - Parking Structure Security Services) City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 7.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Adult-Use Cannabis Study Session
Recommended Action
Staff recommends that the City Council:
1. Receive the presentation on key policy considerations for allowing adult-use cannabis businesses and other non-retail cannabis business types within the City of Santa Monica;
2. Discuss options for allowing adult-use cannabis sales and associated regulatory restrictions as may be appropriate; and
3. Provide direction to staff on whether to bring back changes to the Municipal Code to allow for adult-use cannabis retail businesses and non-retail cannabis business types within the City.
Executive Summary
On May 10, 2022, the City Council requested that the City Manager schedule a study session regarding whether to allow for the sale of non-medicinal (hereinafter referred to as “adult-use”) cannabis in the City of Santa Monica. Subsequent to that, in the November 2022 election, the voters approved Measure HMP, which enables the City to levy a business tax on every licensed cannabis business. The study session seeks Council direction on the following key policy topics:
1) Should consumer access to legal adult-use cannabis in Santa Monica be permitted, or should the City maintain the restriction of medicinal-only cannabis? 2) What types of cannabis uses should be allowed?
3) Should the City set a limit to the number of retailers and other uses? 4) Should only the two medicinal cannabis retailers be allowed to expand into the adult-use market, or should the City allow new cannabis retailers?
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5) Where in the City should cannabis uses be allowed to operate? 6) Which land uses, if any, should be recognized as sensitive uses requiring a distance buffer from cannabis uses above and beyond state requirements? Background
Cannabis regulations in the State of California have been evolving ever since the passage of Proposition 215, the Compassionate Use Act of 1996 (CUA), which decriminalized the use, possession, and cultivation of cannabis for qualifying patients and their primary caregivers when recommended by a physician. The CUA did not create a state regulatory program, nor did it provide any guidelines for local jurisdictions to establish their own regulations.
The City of Santa Monica first adopted regulations for medical marijuana (medicinal cannabis) in June of 2015 as a part of the City’s comprehensive Zoning Ordinance update (Article 9 of the Santa Monica Municipal Code) which enabled up to two medicinal cannabis retailers within the City subject to a regulatory permit and selection process. All other cannabis-related uses were prohibited. The dispensaries were allowed only along limited sections of Wilshire Boulevard and Santa Monica Boulevard within the Mixed-Use Boulevard Low (MUBL), Mixed-Use Boulevard (MUB) or General Commercial (GC) zones subject to a Conditional Use Permit.
In October of 2015 the State of California passed the Medical Cannabis Regulation and Safety Act (MCRSA) which created a State licensing program for commercial medical cannabis activities while allowing counties and cities to maintain local regulatory authority. MCRSA required that the State would not issue a license without first receiving authorization by the applicable local jurisdiction.
On November 8, 2016, the voters of the State of California approved Proposition 64, the Adult Use of Marijuana Act (AUMA), which allows adults 21 years of age or older to legally grow, possess, and use marijuana for personal, non-medical “adult-use” purposes, with certain restrictions. AUMA also established state taxes on the cultivation and sale of cannabis and specifically allowed local jurisdictions to impose their own
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taxes. Proposition 64 was approved by 57% of California voters and by 60% of the voters in Los Angeles County. In Santa Monica support was even higher at 75%.
On March 7, 2017, the City Council directed staff to prohibit adult-use commercial cannabis activities within the City, to draft an ordinance creating a regulatory permit and selection process for medicinal cannabis retailers, to amend the City’s Municipal Code to address changes in State law, and to consider options for allowing non-volatile medicinal cannabis light manufacturing uses.
On June 27, 2017, the Legislature enacted SB 94, which repealed MCRSA and incorporated certain provisions of MCRSA into the licensing provisions of AUMA. These consolidated provisions are now known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA allows that a commercial cannabis business can operate in both the medicinal and adult-use markets from a single location though this allowance is still subject to local land use authority.
On October 24, 2017, the City Council adopted an Interim Zoning Ordinance (the IZO) adding Section 6.200 to the Santa Monica Municipal Code, which established general regulations and definitions for commercial cannabis activities, including a regulatory permit process for medicinal cannabis retailers and light (non-volatile) manufacturing, and making other changes as needed to conform with State law. The ordinance prohibited all adult-use commercial cannabis activities including retail, cultivation, testing, distribution, and manufacturing. The IZO has subsequently expired. After a prolonged selection process, two medicinal cannabis retailers were selected. One of the retailers began operations recently at 925 Wilshire Boulevard. The second retailer located at 1416 Wilshire Boulevard is still in the permitting process.
On May 10, 2022, the City Council requested that the City Manager schedule a study session regarding whether to allow for the sale of adult-use cannabis in the City of Santa Monica. It was requested that the study session include suggested changes to the City’s Municipal Code, as well as options for City Council direction on potential locations, permitting process, social equity provisions, maximum number of allowable
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businesses, cannabis special events, and other regulatory restrictions as may be appropriate. The Council further directed staff to prepare a cannabis business tax ordinance to be placed on the November 8, 2022 ballot. Implementation of certain aspects of the cannabis tax would be contingent on future actions to be taken by the Council pursuant to the requested study session.
On July 26, 2022, the City Council voted to place a cannabis business license tax measure (Measure HMP) on the November 2022 ballot. The measure would impose a tax on all commercial cannabis activities at initial rates of 3% of gross receipts for adultuse cannabis retailers, 2% for medicinal cannabis retailers and 1% on other cannabis business types. These rates could be increased up to 10% of gross receipts at the discretion of the City Council.
Measure HMP was approved by the voters on November 8, 2022, by a margin of 66% to 34%. Pursuant to that approval and the Council’s previous direction, staff is now bringing forward this study session to explore whether to allow for the sale of adult-use cannabis in the City of Santa Monica as well as other non-retail cannabis business types. This study session shall include a presentation by staff and HdL Companies, a firm that has worked extensively on regulation, compliance, policy development, taxation, fiscal analysis, and audit issues for local governments, and shall provide the opportunity for Council to give direction to staff on potential locations, permitting processes, social equity provisions, maximum number of allowable businesses, cannabis special events, and other regulatory restrictions as may be appropriate.
Discussion
The City of Santa Monica currently allows medicinal cannabis businesses, which allows sales to individuals over the age of 18 who have a recommendation from a medical professional for the use of cannabis, but does not allow adult-use businesses, which would allow sales to anyone over the age of 21. One of the medicinal cannabis retailers recently began operations while the other is currently in the permitting process. Light (non-volatile) cannabis manufacturing was allowed by the IZO adopted in 2023 with the City receiving one application for a cannabis light manufacturer. That business has
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since closed, and cannabis light manufacturing is no longer permitted as the IZO has expired. Medicinal cannabis retailers represent a small subset of the commercial cannabis business types allowed by the State of California which also include cultivation, distribution, laboratory testing, and other types of manufacturing currently not permitted within the City.
To address Council’s request to better understand the decisions needed to enable adultuse business, staff has engaged the services of consultant HdL Companies, who are subject matter experts on the regulation of commercial cannabis businesses by counties and cities in California.
If the Council desires to move forward with revisions to the City’s current commercial cannabis program, staff will require direction on a number of key policy areas. Additional issues for future consideration have also been identified. These additional issues do not require direction from the Council at this time, but they may be informative to the Council’s overall discussion.
Initial Key Policy Discussions
Confirming Adult-Use Cannabis as a Permitted Land Use
1) Should consumer access to legal adult-use cannabis in Santa Monica be permitted, or should the City maintain the restriction of medicinal-only cannabis? California’s cannabis regulations allow that cannabis can be sold commercially for either medicinal or recreational adult-use purposes. Medicinal cannabis is available only to persons 18 years or older who have a valid recommendation from a physician.
Medicinal cannabis patients also have the option of obtaining a State-issued Medical Cannabis Identification Card (MMIC), but this is not required. Both the physician’s recommendation and the identification card are required to be renewed every year. Only 3,199 such cards were issued in all of California in 2022. Adult-use cannabis can be sold to anyone age 21 years or older without a physician’s recommendation.
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The State of California’s Department of Cannabis Control (DCC) may issue business licenses for either medicinal (M) or adult-use (A), or for both medicinal and adult-use (M/A) though the M/A designation is not available for cultivation. Initially, California’s cannabis program required that all cannabis and cannabis products had to be designated for either the medicinal or adult-use market through all stages of the supply chain, but later revisions have changed this so that product grown or manufactured for either market can be shifted to the other up until the point of sale. This makes the medicinal or adult-use designation largely meaningless for wholesale cannabis businesses as it does not predetermine how the product will eventually be sold.
Of over 11,000 cannabis business licenses1in California, only 1,360 are for medicinal cannabis only (12%). The rest are for either adult-use or for both medicinal and adultuse. Among the state’s 1,891 retailers (including retailing microbusinesses), only 31 are licensed for just medicinal cannabis sales.
Medicinal cannabis is estimated to make up only around 9% of cannabis retail sales in California. The primary advantage for consumers to purchase cannabis through the medicinal market is an exemption from regular sales tax only for those qualifying patients who present a Medical Marijuana Identification Card at the time of purchase (a savings of 7.25% to 10.25%, depending on the jurisdiction). The small number of patients with valid MMIC cards makes their impact on tax revenues statistically insignificant. Cannabis products labeled for medicinal use only may be packaged in quantities that exceed the 100 milligrams per-package THC limit imposed on adult-use products (1,000 milligrams per package for topical products). Qualified patients may also purchase a greater quantity of cannabis or cannabis products per day, beyond what is permitted for adult-use customers and up to the maximum amount stated on the physician’s recommendation.
Retail and Non-Retail Uses
1 The number of licenses does not reflect the number of individual businesses as a single business may hold multiple licenses.
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2) What types of cannabis uses should be allowed?
The City’s Interim Zoning Ordinance allowed for both medicinal cannabis retailers and light-industrial (non-volatile) cannabis manufacturing. The City approved one manufacturer under the IZO, but that business has since closed. The City no longer permits cannabis light manufacturing. The City allows for two medicinal cannabis retailers with only one recently commencing operation. These and other cannabis business types are discussed below.
• Cannabis Retailers: Cannabis retailers may be licensed to sell medicinal cannabis, adult-use cannabis, or both. Retailers can operate as a storefront serving walk-in customers, as a non-storefront delivery service, or as part of a microbusiness which includes at least three licensed cannabis activities such as cultivation (of up to 10,000 square feet), manufacturing, or distribution. Storefront retailers are allowed to also conduct sales by delivery, though not all do.
Currently there are 1,891 licensed cannabis retailers and retailing microbusinesses in California. Of these, 1,142 are storefront retailers, 490 are non-storefront delivery services, and 259 are microbusinesses. Virtually all cannabis retailers in California are licensed for adult-use sales. There are only 31 retailers in all of California that are only licensed for medicinal sales.
Storefront retailers tend to generate significantly higher gross receipts than nonstorefront retailers. Analysis of a sample set of businesses shows that storefront retailers average around $5 million per year in total sales while non-storefront delivery services average less than $1.5 million. As a result, storefront retailers typically generate more cannabis tax revenue for their host city.
The DCC shows 454 licensed cannabis retailers in Los Angeles County, including storefronts, delivery services, and retailing microbusinesses. We estimate that there are 30 retailers in the immediate vicinity of Santa Monica and another 100 or so within a 30-minute radius of the City. These retailers are shown in Figure 1 below. The high density or retailers in close proximity suggests that cannabis consumers in Santa Monica have options for purchasing either medicinal or adult-use cannabis within a short drive of the City or for having it delivered to
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their door. Any cannabis tax revenue being generated by sales to City residents is currently going to the jurisdiction where the retailer is located, primarily the City of Los Angeles.
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Figure 1:Medicinal and Adult Use Cannabis Retailers in the Santa Monica Vicinity Based on the City’s population of roughly 91,000 people, it is estimated that the City of Santa Monica could support four (4) to ten (10) cannabis retailers. This assumes a very general benchmark of one retailer for every 10,000 to 20,000 people for considering an area as being ‘served’. Individual cities may have a fargreater or far-lower retail density. The number of employees and visitors to Santa Monica could also affect the demand for additional retailers. • Cannabis Manufacturing
Cannabis manufacturers produce an ever-increasing variety of products, including concentrates, edibles, tinctures, topicals, and infused (non-alcoholic) drinks. Manufacturers may produce their own raw extract on site, or they may buy extract from other licensees. Much like any other industry, cannabis manufacturers often depend upon other businesses to supply them with the various materials or components that go into their final product.
Cannabis manufacturing is a broad category that can include a wide range of different activities. Manufacturers may use a variety of methods to extract THC
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and/or CBD, the primary compounds found in cannabis, from the raw product.
These methods may include volatile solvents such as butane, hexane, or propane (Type 7), non-volatile solvents such as carbon dioxide, ethanol, cooking oils or butter, or mechanical extraction using heat, cold, or pressure (Type 6). The extract may be processed and sold as raw concentrate such as oil, wax, shatter, or rosin, or it may be infused into edibles, topicals, tinctures, or other products.
Cannabis oil may also be loaded into vape cartridges. Both Type 6 and Type 7 licenses also allow for infusion, packaging, and labeling of cannabis products.
Many manufacturers do not make their own extract and instead buy extract from other suppliers. The Type N license allows for making infused products using extract purchased from other licensed manufacturers, as well as packaging and labeling. The Type P license allows for packaging and labeling of “white label” products, where a product purchased from another supplier is rebranded under a new name. Lastly, the Type S license allows for manufacturers to operate in a shared-use facility using non-volatile extraction and infusion, along with packaging and labeling.
Some manufacturers may handle all steps from extraction to packaging the end product in the form of vape pens or other such devices. Others may handle only discrete steps, such as making the raw cannabis concentrate, which is then sold either directly to retailers or to a Type N manufacturer who will package it into vapor cartridges or other end consumer products.
Light-industrial (non-volatile) cannabis manufacturing was initially allowed under the Interim Zoning Ordinance, but the only manufacturer to open its doors has since closed. The City no longer permits this business type as the IZO has since expired.
• Cannabis Cultivation
Cannabis cultivation can be conducted outdoors, in mixed-light greenhouses, or in fully-enclosed indoor warehouse facilities. Cultivation activities can also
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include cannabis nurseries and processing facilities. Cultivation in urban areas is almost always limited to indoor facilities due to available properties and other land use considerations.
Indoor cannabis cultivation must be conducted using entirely artificial light.
Facilities must be designed so that no cannabis or cultivation lighting is visible from outside. Cultivation facilities are also required to install odor control equipment so that cannabis odors cannot be detected from outside the building.
Indoor cultivation facilities tend to be discreet with little or no signage to draw attention to them.
As of January 2023, data from the DCC shows 7,651 active cultivation licenses statewide, held by 3,359 distinct businesses. These licenses cover over 1,800 acres of canopy and are capable of producing over 16 million pounds of cannabis per year. The 20 largest cultivation companies hold 2,232 licenses between them, totaling 515 acres and capable of producing over 2.6 million pounds of flower per year, or enough to supply the entire statewide market.
The cannabis cultivation market in California has far exceeded its saturation point, which greatly limits new entrants into the market. More than any other part of the cannabis industry, entry into the highly competitive cultivation sector can be filled with risk and requires ample capitalization and a clear strategy to win shelf space. It is not uncommon for cannabis producers and manufacturers to have to pay for retail shelf space just to get their product in front of consumers. • Cannabis Distribution
The DCC provides two separate license types for cannabis distributors. Type 11 distributors can move cannabis products and branded merchandise between other wholesale cannabis businesses, provide warehousing and storage, arrange for laboratory testing, provide packaging and labeling of products, and can distribute finished cannabis goods to retailers. Type 13 transport-only distributors can move product between other wholesale businesses but are not allowed to
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distribute to retailers. The DCC also allows a reduced fee for cannabis cultivators or manufacturers that only wish to transport their own product.
Perhaps more than any other part of the cannabis supply chain, distributors are greatly dependent upon the number and variety of other cannabis business types within their service area. Essentially, distributors need a certain “critical mass” of other cannabis businesses for them to serve. As a very general figure, the number of cannabis distributors statewide is roughly 25% of the number of all cannabis businesses, combined, or 1 distributor for every 3 other cannabis businesses. In addition, almost all (391 out of 392) licensed microbusinesses in California include distribution as one of their licensed activities. It is common for other cannabis businesses (cultivators, manufacturers, or retailers) to also hold a distribution license as an ancillary activity.
The business model for distributors is commonly based on a percentage markup on the price paid to their suppliers. This markup commonly averages 20% to 30%, though this can vary greatly depending upon the actual services being provided. A distributor that is only buying and reselling cannabis at wholesale may make as little as 10% or less on a transaction, while a distributor that is purchasing raw flower and packaging it as pre-rolls for retail sale may make 50% or more on such a value-added transaction.
Distributors may have annual revenues ranging from less than $1 million to over $70 million. The vast majority of distributors would fall at the lower end of that range, with those at the high end qualifying as outliers. While there is not yet an abundance of data to determine the average gross receipts for distributors, HdL has reviewed a number of pro-formas for distributors seeking licenses in other jurisdictions. These indicate anticipated gross receipts commonly in the range of $2 million to $3 million per year, with an average of $2.5 million. Though, again, this is an average based upon a very wide range.
• Cannabis Testing Laboratories
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Testing is a semi-regulatory function mandated by the State to protect consumer health and safety. State law requires that all dried cannabis flower or leaf must be tested for tetrahydrocannabinol (THC) and cannabidiol (CBD) content, contaminants, impurities and other factors before it can be sold to a manufacturer, distributor, dispensary or end user.
State law requires that testing laboratories be completely independent from any other cannabis business, and prevents them from benefitting from, or having any interest in, the results of the test or the value of the product. A person who holds an ownership interest in a cannabis testing business is not allowed to hold any financial interest in any other cannabis business types.
The DCC has so far only issued 45 licenses for cannabis testing laboratories in California. These laboratories tend to be located in areas with a large amount of commercial cannabis activity.
• Cannabis Events
Cannabis events allow an opportunity for cannabis consumers to meet and engage with a variety of cannabis retailers, cultivators, and manufacturers all in one place, similar to a farmers’ market, craft fair, or trade show. These events may or may not also allow for on-site consumption of cannabis under permitted conditions similar to a homebrew festival or wine tasting event. While growers and manufacturers can be on hand to display their products and talk with attendees, cannabis and cannabis products can only be sold at the event by licensed cannabis retailers.
The application for a temporary cannabis event must include the location where the event will be held, the dates and hours that cannabis will be sold or displayed, a list of all licensed vendors who will be participating, and a diagram showing the specific locations assigned to each cannabis vendor and all areas where participants will be allowed to purchase or consume cannabis. All cannabis events require approval by the local jurisdiction, and local law enforcement has the authority to stop the event if it is necessary to protect public
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health and safety.
If on-site consumption of cannabis is to be allowed, the consumption must not be visible from any public place or non-age-restricted area. No alcohol or tobacco shall be allowed on the premises and smoking of cannabis shall not be allowed in any areas where smoking is otherwise prohibited by law. The local jurisdiction can choose whether or not to allow on-site consumption (or to allow cannabis events at all) and can impose additional requirements as it sees fit.
A temporary cannabis event license may only be issued for a location expressly approved for such purposes by the local jurisdiction and shall not be issued for a premises that is licensed for the sale of alcohol or tobacco. A cannabis event may not last longer than 4 days. No person under the age of 21 shall be allowed in any area designated for cannabis sales or consumption, regardless of whether that person is a qualified medical marijuana patient.
• Consumption Lounges
A small but growing number of cities have chosen to allow for on-site consumption of cannabis products at retailers or associated businesses. Such facilities are generally referred to as “consumption lounges,” though the model for their operations can vary dramatically. DCC regulations do not directly address consumption lounges as either a use or a permit type, leaving the authority and responsibility for permitting and regulating on-site consumption up to the local jurisdiction.
The DCC’s regulations for on-site consumption at organized cannabis events indicate some areas of concern that are generally applicable for local regulations.
These regulations prohibit access to persons 21 years of age or younger, require that cannabis consumption not be visible from any public place or non-agerestricted area, prohibit sale or consumption of alcohol or tobacco on the licensed premises, and prohibit the smoking of cannabis goods in any areas where smoking is otherwise prohibited by law. California’s smoke-free workplace law
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prohibits the smoking of tobacco products in any enclosed space at a place of employment which prevents smoking in restaurants and conversely prevents preparing or serving food in a consumption lounge.
There is no defined model for consumption lounges, nor is there a clear business model for generating income or related cannabis tax revenue. Some such businesses only offer a place for retail customers to sample what they’ve purchased. These lounges appear to generate revenue only from the retail side of the operation, which in most cases is a separate space from the lounge area.
Some other consumption lounges operate as clubs where customers must pay a cover charge to get in.
Number of Retailers
3) Should the City set a limit to the number of retailers and other uses? It is common for cities and counties to apply a cap to the number of cannabis retailers within their jurisdiction. This can have the effect of limiting the concentration of such businesses within any one area while simultaneously creating significant competition to secure the limited number of available permits. Setting a cap requires that the City adopt a competitive selection process to determine which applicants can move forward for permits. Applicants who are not selected through this process may challenge the results by appeal and/or lawsuit, creating significant risk to the local licensing agency and delays in the permitting process.
A low cap on the number of retailers may have the effect of increasing the size and neighborhood presence of each store. If a single store serves a large market, that store may be bigger and may have a higher profile within the area, drawing more customers and traffic. Conversely, a higher cap (or no cap) may have the effect of reducing the impact of any one store as the same volume of customer traffic is distributed over more stores in more locations. A higher cap may also spread the economic benefits of owning and/or working within a cannabis facility more broadly within the local community.
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Caps are somewhat less common for wholesale businesses, as the statewide market is oversaturated. Allowing a higher number of wholesale businesses does not necessarily mean the City is likely to attract more (or any) of those businesses.
Existing Businesses
4) Should only the two medicinal cannabis retailers be allowed to expand into the adultuse market, or should the City allow new cannabis retailers? The City currently allows for two medicinal cannabis retailers. Were the City to allow adult-use sales, it should be assumed that these existing retailers would want to be allowed an opportunity to modify their permits to conduct both medicinal and adult-use sales.
Allowing for additional retailers would presumably mean allowing for additional (and potentially more preferable) locations that may not have been allowed previously.
Existing retailers may also want an opportunity to move their operations to these alternate locations.
The City may also hear concerns from nearby businesses and residents who were perhaps accepting of medicinal cannabis retailers but object to now allowing adult-use cannabis sales at the same locations. While all security and operational requirements are the same for both medicinal and adult-use retailers, it is reasonable to assume that allowing adult-use sales could increase the amount of customers and foot traffic.
Allowable Locations
5) Where in the City should cannabis uses be allowed to operate? Cities and counties have taken a variety of approaches in determining allowable locations for cannabis businesses. Many apply standard zoning requirements with each of the various cannabis business types being allowed within certain land use designations where other, similar activities are allowed. This approach assumes that cannabis retailers are consistent with other retail uses, that cannabis manufacturers are consistent with other light manufacturing uses, and so on.
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Generally, storefront retailers are allowed in commercial zones while manufacturers, distributors, testing, and non-storefront delivery services are allowed in industrial zones.
Cannabis cultivation is commonly allowed in either industrial or agricultural zones, depending upon whether it is indoor, mixed-light, or outdoor. The various cannabis business types may be either principally permitted within these zones or allowed with a conditional use permit. Zoning for cannabis microbusinesses may be more problematic as retail uses are typically not allowed in industrial zones, and cultivation or manufacturing uses are typically not allowed in commercial/retail zones.
Some jurisdictions take a more prescriptive approach where cannabis activities are allowed only within a defined overlay zone created for that specific purpose. The City has specified that medicinal cannabis retailers are currently allowed subject to a Conditional Use Permit in a subset of the MUB (Mixed-Use Boulevard), MUBL (MixedUse Boulevard Low), or GC (General Commercial) zones as described below:
• Mixed-Use Boulevard District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue;
• General Commercial District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and
• Mixed-Use Boulevard Low District along Santa Monica Boulevard between 23rd Street and Centinela Avenue.
Light (non-volatile) manufacturing was previously allowed under the Interim Zoning Ordinance within the Industrial Conservation (IC) zone, or with an approved Conditional Use Permit (CUP) within the Office Campus (OC) zone, consistent with other similar activities such as canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers. One such manufacturer opened but has since closed, and the City no longer permits cannabis light manufacturing uses as the IZO has expired Buffer Requirements
6) Which land uses, if any, should be recognized as sensitive uses requiring a distance buffer from cannabis uses above and beyond state requirements?
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The State of California prohibits locating any cannabis businesses within 600 feet of any K-12 schools, daycare facilities, or youth centers. These sensitive-use buffers are provided as a default, but local jurisdictions are allowed to increase or decrease the minimum distance. Additionally, local jurisdictions have the authority to recognize additional types of buffers, such as parks, libraries, drug rehabilitation centers, and playgrounds.
Some jurisdictions have chosen to increase the buffer distance to as much as 1,000 feet in some instances or to reduce them to as low as zero. Other local jurisdictions have chosen to vary the buffer distances for different sensitive uses or for different cannabis use types or apply targeted buffers for specific locations such as a particular plaza or downtown area.
Setting overly restrictive sensitive use buffers can greatly limit the allowable locations for a cannabis business and can result in a de-facto ban or, conversely, in a high concentration of cannabis businesses in a handful of areas. Restricting the allowable locations can also have the effect of increasing the perceived value of those parcels to where property owners demand an unrealistic premium for leasing or buying the property.
Zoning and sensitive use buffers are not the only tools available to the City for resolving neighborhood concerns with cannabis businesses. The City may also impose requirements relating to signage, lighting, hours of operation, façade design, on-site security, parking, or other physical or operational details.
Future Policy Considerations
Social Equity
Social equity in cannabis seeks to recognize the long-term negative impact that the criminalization of cannabis has had on minority communities resulting from the enforcement of federal and state laws related to cannabis use and possession.
Research from communities across the United States has consistently demonstrated the disproportionate impact of cannabis enforcement on minority groups despite similar
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cannabis usage rates. In particular, African Americans have been negatively affected by higher rates of arrest and incarceration for cannabis-related activities.
The consequences of a criminal conviction and incarceration include the permanent loss of property, disqualification from employment opportunities, reduced earnings potential, exclusion from public benefits such as housing assistance or student financial aid, and other life-altering impacts. The goal of cannabis social equity is to help ensure that the communities most impacted by federal and state cannabis enforcement policies are provided an opportunity to benefit from the newly legalized industry.
Many cities and counties have sought to develop cannabis social equity programs as a means for reducing barriers to entry into the commercial cannabis industry for communities and individuals most impacted by the war on drugs. For social equity programs to be meaningful, however, they must be based upon data to identify those communities within each jurisdiction that have historically been most adversely impacted.
For this reason, it is common for development of a social equity program to be preceded by a detailed study or report that analyze factors such as disproportionate contact by law enforcement, incarceration rates, or other metrics. Cannabis equity studies are commonly conducted by local community foundations, universities, or other research organizations, with significant outreach to local community members. The State of California through the Governor’s Office of Business and Economic Development (GOBiz) has historically provided annual funding to local jurisdictions to assist with development of cannabis equity studies.
Once the local jurisdiction has identified affected communities, there are numerous policy options for promoting equity. Policy options may include application criteria specific to equity applicants, fee waivers, business development assistance, workforce training, assistance with accessing startup capital, business mentorship, assistance with expunging cannabis-related criminal records, and utilizing cannabis tax revenues to fund community reinvestment. Regardless of what benefits the City offers, it is important
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to recognize the challenges that other cities have faced in implementing local cannabis equity programs. These challenges can include manipulative behavior by non-qualifying individuals taking advantage of the program, sunk costs for applicants who are ultimately unable to obtain a license, and limited staff resources to develop and implement a comprehensive program.
In addition, there are unique barriers to entry into the cannabis market that make the push for equity in the industry particularly challenging relative to other business types.
These barriers include startup costs that can approach or exceed one million dollars, intense competition for a finite number of licenses, and limited availability of real estate within eligible zones of the city. Although significant, these challenges should not act as a deterrent to creating a cannabis equity program. They simply point to the need for policymakers to carefully think through the parameters of an equity program which starts with development of a cannabis equity study.
Selection Process
Cities have taken a variety of approaches to the selection and permitting process for cannabis businesses should the community cap the number of outlets in the jurisdiction.
Application processes may be tailored to provide merit-based ranking or a lottery where appropriate for awarding a specified number of permits, or to provide a quality assurance standard for those business types where there is no such limit. The process may include specific evaluation criteria to ensure that applicants have addressed all requirements before being allowed to move forward to the permitting process. The application process can be designed to accommodate a variety of selection methods:
• Merit based: Applicants are ranked according to their score. Top-ranked applicants are selected to move forward to the permitting process, consistent with the number of permits available.
• Equity: Priority is given to individuals who qualify for the cannabis equity program, as defined by the equity study.
• Lottery: All applications scoring above a minimum baseline are entered into a drawing from which applications will be selected at random, consistent with the
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number of permits available. Those applications selected will be allowed to move forward to the permitting process.
• First come / first served: Applications are reviewed and scored in the order they are received. All applications scoring above a minimum baseline will be allowed to move forward to the permitting process, until the maximum number of permits available has been reached.
Determining the most appropriate process depends upon the number of permits available and the anticipated demand for those permits. Development of the application process is commonly done administratively and is subsequent to development of the regulatory ordinance.
Affected City Departments
Administering and regulating cannabis businesses involves a variety of common local government functions. In Santa Monica it is likely that the business licensing and payment of any cannabis business taxes may be assigned to the Finance Department.
Location-specific criteria, permitting, land use entitlements, and tenant improvements would be addressed by Planning and Building and Safety. The Fire Department and Code Enforcement may conduct occasional inspections. Some jurisdictions choose to place certain regulatory roles within law enforcement, which may include POST certified officers; this can greatly increase the cost for these regulatory services.
Cities and counties have a variety of options for how they administer cannabis regulatory programs. Some jurisdictions assign each aspect of regulatory oversight to the appropriate department as described above. Others place primary oversight with a single department or division. Still others choose to develop a dedicated Cannabis Division that has responsibility for all aspects of oversight.
The decision of how to administer the cannabis program could depend on the number of cannabis businesses and the desired level of regulatory oversight. Creation of a dedicated Cannabis Division would depend on the number of businesses and whether it would justify the number of staff positions and resources required.
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Other agencies may also have a regulatory role. Additional inspections may be conducted by Los Angeles County Department of Public Health or County Agricultural Commissioner.
In developing a cannabis regulatory program, the City should anticipate the impacts to staff time and other departmental costs associated with the permitting, regulation and enforcement of those businesses. Cities commonly develop cost recovery fees adequate to cover all direct costs, which may include any or all of the following:
• Costs associated with the development of a commercial cannabis regulatory program.
• Costs associated with the review and permitting of individual cannabis businesses.
• Costs associated with inspections, audits, monitoring, and permit renewals. • Costs associated with mitigating external impacts to the community or the environment.
• Costs associated with enforcement and appeals.
Summary of Key Policy Questions
1) Should consumer access to legal adult-use cannabis in Santa Monica be permitted, or should the City maintain the restriction of medicinal-only cannabis? 2) What types of cannabis uses should be allowed?
3) Should the City set a limit to the number of retailers and other uses? 4) Should only the two medicinal cannabis retailers be allowed to expand into the adult-use market, or should the City allow new cannabis retailers? 5) Where in the City should cannabis uses be allowed to operate? 6) Which land uses, if any, should be recognized as sensitive uses requiring a distance buffer from cannabis uses above and beyond state requirements? Past Council Actions
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Meeting Date Description
6/23/15 Ordinance Repealing the Existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and Adding a New Zoning Ordinance, Chapter 9.01
Through Chapter 9.52, to Article 9 of the Santa Monica
Municipal Code to Adopt a Comprehensive Zoning
Ordinance; Repealing Chapters 9.08 Through 9.72 of Article 9 of the Santa Monica Municipal Code and Adding New
Chapters 9.53 Through 9.68 to Article 9 of the Santa Monica Municipal Code to Establish Land Use and Zoning Related Provisions; and Implementing the New Zoning Ordinance By Repealing the Existing Official Districting Map and Adopting a New Final Official Districting Map.
3/7/17 Study Session on Cannabis Regulations.
10/24/17 Second Reading and Adoption of Interim Ordinance Replacing the Term "Medical Marijuana Dispensary" with
"Medicinal Cannabis Retailer" Throughout the City's Zoning Ordinance, Chapter 9.01 Through Chapter 9.52 of Article 9 of the Santa Monica Municipal Code; Creating a Definition for "Medicinal Cannabis Retailer" to Replace the Definition for "Medical Marijuana Dispensary" to Conform With State Law; Removing Certain Requirements for Medicinal
Cannabis Retailers for Consistency with State Law and to Allow for Separate Regulation and Rulemaking; and
Modifying the Definition of "Industry, Limited" to Allow for Medicinal Cannabis Light Manufacturing.
5/10/22 Request of Councilmembers Negrete, de la Torre, and Brock that the City Manager schedule a study session as soon as practicable regarding whether to allow for the sale of
nonmedicinal cannabis in the City of Santa Monica, as the City currently allows for the sale of medicinal cannabis. The study session shall include suggested Municipal Code
changes, as well as options for City Council direction on potential locations, permitting process, social equity
provisions to make legal cannabis business ownership and employment opportunities more accessible to low-income
individuals and communities most impacted by the
criminalization of cannabis, and any other regulatory
restrictions as may be appropriate, including the maximum number of medicinal and nonmedicinal cannabis
establishments in the City that are recommended. Finally, the study session shall also include municipal code changes that are necessary to allow for Cannabis-themed special events in specified locations in the City.
7/26/22 Ballot measure for business license tax on the sale, distribution, delivery, and consumption of cannabis.
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Environmental Review
No environmental review under CEQA is required at this time because this study session will not result in direct or indirect physical changes in the environment.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget request as a result of the recommended action today. Staff has not included tax revenue projections associated with Measure HMP in the FY 2023-25 Biennial Budget or five-year forecasting and has not included projected fee revenue or resource needs associated with the implementation of a cannabis retail presence. A review of activity in other jurisdictions suggests that gross receipts may be in the range of $2 million to $3 million per year, with an average of $2.5 million, resulting in new tax revenues of $75,000-$250,000 a year per licensee. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:
A. June 23, 2015 Council Meeting Zoning Update Adoption Council Report (Web Link)
B. March 7, 2017 Council Meeting Study Session on Cannabis Regulations (Web Link)
C. October 24, 2017 Council Meeting Medical Cannabis Retailer Interim Ordinance (Web Link)
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D. May 10, 2022 Council Meeting Councilmember Request for Study Session (Web Link)
E. July 26, 2022 Council Meeting Ballot Measure for Business License Tax on the Sale, Distribution, Delivery, and Consumption of Cannabis (Web Link) F. Written Comments
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Mental health: Studies link marijuana use to depression, anxiety, suicide planning, and psychotic episodes. It is not known, however, if marijuana use is the cause of these conditions.
Athletic Performance: Research shows that marijuana affects timing, movement, and coordination, which can harm athletic performance.
Driving: People who drive under the influence of marijuana can experience dangerous effects:
slower reactions, lane weaving, decreased coordination, and difficulty reacting to signals and sounds on the road.
Baby’s health and development: Marijuana use during pregnancy may cause fetal growth restriction, premature birth, stillbirth, and problems with brain development, resulting in hyperactivity and poor cognitive function. Tetrahydrocannabinol (THC) and other chemicals from marijuana can also be passed from a mother to her baby through breast milk, further impacting a child’s healthy development.
Daily life: Using marijuana can affect performance and how well people do in life. Research shows that people who use marijuana are more likely to have relationship problems, worse educational outcomes, lower career achievement, and reduced life satisfaction.” From: Peter Borresen
To: councilmtgitems
Subject: Public comment. June 13th meeting. Item 7a.
Date: Monday, June 12, 2023 10:28:34 AM
EXTERNAL
Dear City Council,
Our city should demand large and assertive health warnings regarding the risks caused by marijuana, at the point of sale, on storefronts, and on all retail packaging.
And the city should ban the sale of marijuana products that encourage under-age use, such as flavored products, and candy-style packaging – just as California has banned flavored tobacco products.
The National Institutes of Health has stated:
“…early, frequent cannabis use is associated with an increased risk of developing schizophrenia…”
It is surely more than coincidental that the legalization of marijuana has coincided with the seeming increase in mental illness and homelessness on our streets.
For every dollar our city will take from marijuana taxes, far more may be lost from lessened tourism due to the homeless crisis in our city, and far more may have to be spent on homelessness, crime and mental health services.
Furthermore, peer-reviewed studies have shown other serious and very real harms from marijuana use. The US Department of Health and Human Services says:
“Brain health: Marijuana can cause permanent IQ loss of as much as 8 points when people start using it at a young age. These IQ points do not come back, even after quitting marijuana.
We require health warnings for tobacco, but not marijuana, which is absurd.
Our city should demand LARGE and ASSERTIVE health warnings regarding all the above harms, both at the point of sale, on storefronts, and on all retail packaging. And the city should ban the sale of flavored
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Packet Pg. 414 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) products, and candy-style packaging.
To not do so is to commit a grievous harm on our children and society. (And a recent National Academy of Sciences study finds that claims that marijuana use reduces opioid deaths are "spurious".)
Peter Borresen,
Santa Monica.
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Packet Pg. 415 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) From: Joshua Canter
To: councilmtgitems
Subject: Cannabis License
Date: Monday, June 12, 2023 12:46:56 PM
EXTERNAL
Hello,
As a homeowner and voter in Santa Monica, I strongly recommend you vote to allow adult-use cannabis business licenses within the city of Santa Monica.
While I support the freedom of choice within adults, I do ask that you severely limited the number of licenses, following in the same guidance as medicinal cannabis.
We have clearly seen the economic benefit to other cities, with none of the negative impact some people have associated with
Again, please support adult-use cannabis business licenses.
Thank you,
Joshua Canter
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Packet Pg. 416 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) From: Howard Keum
To: councilmtgitems
Cc: Tony Kim; Phil Brock; Christine Parra; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Erin Carachilo; [email protected]
Subject: Study Session Letter Staff Report 5674 (Agenda 7A) to Councilmembers from Santa Monica’s Cannabis Dispensary Operator CPC Compassion, Inc.
Date: Monday, June 12, 2023 2:05:05 PM
Attachments: image001.png
EXTERNAL
Dear City Councilmembers,
I am writing to you as one of the managers and owners of CPC Compassion, Inc., a minority-owned and womanrun medical cannabis dispensary located at 925 Wilshire Blvd. I aim to present hard data to eliminate any speculation and provide valuable insights to help the city make informed decisions.
Regarding the six items outlined in Staff Report 5674, Agenda 7A for Tuesday’s June 13, 2023, meeting (Adult Use Cannabis Study), we have data that can greatly assist Santa Monica City in making the best-educated decision on this matter. I will address key topics below:
1. Should consumer access to legal adult-use cannabis in Santa Monica be permitted, or should the City maintain the restriction of medicinal-only cannabis?
We face the risk of going out of business if we are not allowed to convert to Adult-Use. Our store faces a significant disadvantage compared to nearby adult-use options, such as 30 adult-use delivery services and AdultUse stores in Venice Beach, Brentwood, and West LA that already serve Santa Monica. No other store within 30 minutes has the same restrictions of Medical-Only that we do. We are the only store who is not Adult-Use in the entire Los Angeles area. Due to the burdensome process and associated costs of obtaining a medical recommendation card, our store at 925 Wilshire has witnessed 80-90% of potential customers walking out when they discover it is not Adult-Use. Even with substantial coupon codes (up to 50% off), customers opt for adultuse alternatives in Venice & Brentwood/West LA instead versus coming to our store. The current Santa Monica Medical-Only ordinance, established in 2015-2016 when the entire state of CA was medical only, fails to account for the current landscape where adult-use is prevalent. Presently, approximately 30 different adult-use delivery services cater to Santa Monica residents, while our store is limited to addressing only 5-10% of the customer base. In the last full week, our store averaged only about 10 customers per day. We are losing all Santa Monica cannabis revenues to outside adult-use delivery services and neighboring adult-use retailers in Venice Beach and Brentwood/West LA. Santa Monica locals are simply sending their business away to businesses right outside of Santa Monica.
2. What types of cannabis uses should be allowed?
A) Converting the two medical-only stores to Adult-Use is crucial for the survival of our businesses. Our store location on 925 Wilshire, has already invested 6 years and over $1,000,000 in dead rent, operations, and buildout, only to attract about 10 customers per day under the highly restrictive Medical Only setup. Forcing the two stores to remain Medical-Only will cause over $1,000,000 losses per year and eventual failure.
B) Allowing the current two retail operators to obtain a Type-11 Distributor License is important. Presently, we are unnecessarily compelled to pay and use third-party distributors at considerable costs (typically charge 15- 20% of gross value) since we cannot directly receive products from cultivators and other manufacturers of finished products. Retail operators could save costs by directly purchasing products from cultivation and manufacturing companies instead of relying on outside distributors. This is an unnecessary cost placed on our stores.
3. Should the City set a limit to the number of retailers and other uses? Please let the hard data make this decision, not guesswork. There is currently no justification for having more stores in Santa Monica. As the sole operator in Santa Monica, in our last full operating week, we only had on average about 10 customers per day. That is approximately only 1 Customer for every hour of operation. It would be prudent to wait and assess if the demand for Adult-Use cannabis in Santa Monica exceeds the capacity of the two existing store operators to handle it. Understanding the actual demand makes more sense than guessing and subjecting Santa Monica to a time-consuming application and appeals process that took over 8 years from the creation of the ordinance to our opening this year. Having additional stores will not increase the Santa Monica market demand. We are already seeing very low demand due to the unfair advantages that neighboring Adult-Use stores and the approximately 30 Adult-Use delivery businesses already servicing the Santa Monica residents are currently using. It would make no sense to believe that increasing the store count in Santa Monica would increase the market.
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Packet Pg. 417 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session)
4. Should only the two medicinal cannabis retailers be allowed to expand into the adult-use market, or should the City allow new cannabis retailers?
The City needs to permit the two medical-only retailers to convert to Adult Use. If we are forced to remain medical-only, our business will inevitably shut down. The Medical-Only retail model was established in 2015- 2016 when the entire state of CA was medical-only. Since then, the entire state and neighboring cities have transitioned to Adult-Use. Every single retail store in the Los Angeles area has an Adult-Use permit. If we are not allowed to convert to the state-wide industry standard, we will fail.
5. In which areas of the City should cannabis uses be allowed to operate? We have gone through significant financial hardships, paying above-market rents and spending a substantial amount of money (over $1,000,000) to reach this point. This was necessary because we were required to find a location that is not within 600 feet of sensitive areas such as medical treatment centers, parks, or schools, and it had to be on Wilshire or Santa Monica Blvd. We went through a painstaking process to secure a suitable location and were forced to accept significantly higher rental rates. Therefore, it would be appropriate to maintain the current designated areas for cannabis operations.
6. Which land uses, if any, should be recognized as sensitive uses requiring a distance buffer from cannabis uses beyond state requirements?
The state of California's Department of Cannabis Regulations has already established well-thought-out guidelines for sensitive areas. Considering that the two store operators have already secured their locations, it is unclear why the city should invest time and effort in reevaluating this matter unless we specifically request it. We are already committed to our chosen locations and adhering to the state's requirements. --
I thought it would be important for CPC Compassion Inc (Local – Santa Monica) give the City Councilmembers and Staff hard facts as to what is really going on in Santa Monica versus the opinion or hearsay of others. If you have any additional questions, please feel free to call me directly at 917-657-6011 or email at [email protected].
Cc: Tony Kim (Principal Planner Santa Monica), Phil Brock, Christine Parra, Jesse Zwick, Caroline Torosis, Oscar de la Torre
Many thanks,
Howard Keum
Howard Keum
Co-Founder
Mobile: +1.917.657.6011
Email: [email protected]
www.calyxpeak.com
www.localcannabiscompany.com
DISCLAIMER:
CONFIDENTIAL: This e-mail, including its contents and attachments, if any, are confidential. If you are not the named recipient please notify the sender and immediately delete it. You may not disseminate, distribute, or forward this e-mail message or disclose its contents to anybody else.
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Packet Pg. 418 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) From: Paul Song
To: councilmtgitems
Cc: Phil Brock; Christine Parra; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Tony Kim Subject: Regarding Staff Report 564
Date: Monday, June 12, 2023 9:25:37 PM
EXTERNAL
Dear City Councilmembers,
I am writing to you as the President of CPC Compassion Inc, also known as Local Cannabis, located at 925 Wilshire Blvd. Today, I would like to provide essential insights into the operations of Santa Monica's first functional dispensary. My comments are in reference to Staff Report 5674 (Adult Use Cannabis Study) for Agenda item 7A of the upcoming June 23, 2023 meeting.
Despite being awarded one of two licenses (based on the overall merit and quality of our application) many years ago, our opening was significantly delayed due to unsuccessful appeals by disgruntled applicants and a very difficult overall permitting/inspection process. As a result, we have invested over $1,200,000 in operational costs and rent over the past six years while adhering to the ordinances established during that time.
As a Medical-Only store, our establishment is experiencing a significant disadvantage compared to over 100 nearby Adult-Use delivery and storefronts in neighboring districts. These businesses are not bound by the same restrictions that compel our customers to obtain a medical recommendation card. This requirement is not only costly and timeconsuming but also out of sync with current cannabis regulations in California. However, under the Medical-Only platform, our business is on the brink of failure. In the past week, we have averaged just 10 customers per day, which is clearly unsustainable.
A concerning trend we have observed is that approximately 80-90% of customers who walk into our store leave upon discovering that we are
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Packet Pg. 419 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) Medical-Only. This means that a significant portion of Santa Monica's local sales revenue is now flowing to businesses located outside of our city. We are witnessing the redirection of revenues and tax dollars to neighborhoods that have no connection to Santa Monica, depriving our community of much-needed economic support.
Additionally, I would like to address the potential consideration of allowing additional cannabis stores in Santa Monica. I strongly advise against speculation or assumptions about the market and instead encourage the use of factual evidence. As previously mentioned, our store currently serves an average of 10 customers per day. Based on this data, there is no justifiable reason to approve more stores in Santa Monica until concrete facts indicate otherwise.
I implore the City of Santa Monica to base its decisions on objective facts and data. It is crucial to ensure fairness and equal treatment for all cannabis businesses operating within our jurisdiction. By doing so, we can foster an environment that supports evidence-based decision making, promoting the success and sustainability of local businesses while maximizing revenue and tax benefits for our community.
Thank you for your attention to this matter. I trust that you will consider the issues raised and take the necessary actions to rectify the disparities faced by Medical-Only establishments like ours. Your commitment to informed decision making will undoubtedly contribute to the progress and prosperity of Santa Monica.
Thank you,
Paul Y. Song
Santa Monica Resident
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Packet Pg. 420 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session)
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Packet Pg. 421 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) From: Paul Greaney
To: councilmtgitems
Subject: Cannabis Dispensaries
Date: Tuesday, June 13, 2023 6:42:22 AM
EXTERNAL
Dar City Councilmembers,
As a concerned resident of Santa Monica, I would like to share my thoughts regarding Agenda Item 7A (Adult Use Cannabis Study) scheduled for the June 13th, 2023 meeting.
Firstly, I believe it is crucial for Santa Monica to catch up with the times. There seems to be no valid reason why the two existing stores should not be allowed to convert to Adult-Use. By enabling this conversion, we can align our city's cannabis regulations with the modern standards upheld by other nearby jurisdictions.
Furthermore, I would like to draw attention to the potential consequences of adding more stores at this stage. I have personally observed the sluggish business activity at the store located at 925 Wilshire Blvd (Local Cannabis), where the customer flow appears to be minimal. In light of this observation, I urge caution in contemplating the approval of new dispensaries. It is essential that we first gauge the success and demand generated by the current Adult-Use conversion before making any decisions about further expansion.
I strongly advocate for Santa Monica to transition to Adult-Use cannabis sales. Only by doing so can we accurately assess the market demand and gauge the level of activity it will generate. It is imperative that we base our decisions on factual data rather than speculation when considering the addition of more dispensaries.
Thank you for your attention to this matter, and I urge you to take my comments into serious consideration. Let us ensure that Santa Monica remains competitive and responsive to the needs of our community.
Paul Greaney
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Packet Pg. 422 Attachment: Written Comments (5674 : Adult-Use Cannabis Study Session) City Council
Report
City Council Meeting: June 13, 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 open seat on the Human Services Commission for the term ending in June 30, 2025. (Continued from May 24, 2023.) Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. ApplicantListHSC
8.A
Packet Pg. 423
City of Santa Monica
Boards and Commissions Applicants
Human Services Commission
Name
Willa F. Wells
Marie Manvel
Luis B. Castanon Helen
M. Finkelstein Zoë
Muntaner
TOTAL APPLICANTS: 5
Application Date
07/25/2022
05/02/2023
03/29/2023
03/30/2023
04/07/2023
8.A.a
Packet Pg. 424 Attachment: ApplicantListHSC (5809 : Continued: Appointment to HSC 8.A. (5 Mins.)) City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 11.A
1 of 12
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Certification of Recirculated Final Environmental Impact Report/Environmental Assessment for the Pier Bridge Replacement Project and Authorization to Proceed with Final Design and Bidding Documents Recommended Action
Staff recommends that the City Council:
1. Adopt a Resolution (Attachment A) certifying the Recirculated Final Environmental Impact Report/Environmental Assessment (EIR/EA) (Attachment B) and adopting the Mitigation Monitoring and Reporting Program for the Pier Bridge Replacement Project (Attachment C).
2. Approve the preferred alternative bridge design (Alternative 2) described in the Recirculated Final EIR/EA and authorize staff to proceed with the final design and development of bidding documents for construction of the Pier Bridge Replacement Project as recommended in the Recirculated Final EIR/EA and as described in this report.
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Summary
The City of Santa Monica (City) owns and maintains the Santa Monica Pier Bridge (Bridge), a reinforced concrete structure built in 1939 that serves as the sole transportation access for over six million annual visitors to the Santa Monica Pier. The Los Angeles County Department of Public Works performs routine inspections of the Bridge and has deemed it structurally deficient. The Pier Bridge Replacement Project (Project) would replace the existing bridge with a new structure designed and constructed to current standards. The Bridge is programmed for replacement using federal Highway Bridge Program (HBP) grant funding, and therefore, the Project is subject to federal, state and City environmental review requirements.
The City studied eight alternatives to replace and reconstruct the Bridge, held a public scoping meeting in compliance with the California Environmental Quality Act (CEQA), and solicited community feedback on the eight alternatives. However, due to impacts identified in the technical analyses required under CEQA for six of the alternatives, the number of acceptable build alternatives was reduced to two (2) plus the “No Build” alternative. Both build alternatives would provide an in-kind replacement bridge with the same alignment and profile as the existing bridge but would differ in design configuration and location of the sidewalk. Staff recommends that Council approve the locally Preferred Alternative (Alternative 2). This alternative includes a 15-foot-wide sidewalk on the south side of the bridge.
The environmental process complies with both the CEQA and National Environmental Policy Act (NEPA), and results in the joint document of an Environmental Impact Report and Environmental Assessment (EIR/EA). The City is the lead agency for CEQA and the California Department of Transportation (Caltrans) is the lead agency for NEPA. A Recirculated Draft EIR/EA was circulated in September 2022 for public review and comment. The Recirculated Final EIR/EA has been updated based on public feedback, and all public comments have been responded to. To proceed to the final design phase of the Project, staff is recommending that the City Council approve Alternative 2, certify the Recirculated Final EIR/EA, adopt a Mitigation Monitoring and Reporting Program (MMRP), and authorize staff to proceed with the final design of Alternative 2 and
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development of bidding documents in accordance with the Recirculated Final EIR/EA with a goal to complete construction prior to the Los Angeles 2028 Summer Olympics.
Background
The Pier Bridge connects the iconic Santa Monica Pier to the intersection of Ocean Avenue and Colorado Avenue within the downtown district of the City. The Pier Bridge Replacement Project is proposed to address the existing operational and structural deficiencies of the 84-year-old bridge.
During times of high use, the Pier Bridge is not wide enough to accommodate the volume of pedestrians, bicycles, and vehicles that use the facility. Queuing affects the Colorado Avenue/Ocean Avenue intersection and other nearby intersections during peak periods. When the volume is high, pedestrian traffic overflows into the roadway.
This creates potential safety concerns, which have been documented by both the City’s Police and Fire Departments.
Figure 1 – Photo of high pedestrian volumes
The original construction of the Bridge does not meet current seismic standards and has a sufficiency rating of 8.2 (on a scale of 100). Bridges that are found to be seismically deficient, as defined by the Federal Highway Administration (FHWA) for bridges with sufficiency ratings of less than 50, are eligible for federal funding for replacement under the Highway Bridge Program (HBP). The HBP sufficiency rating is applicable to all
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bridges that carry either highway or local vehicular traffic. Because of the need for emergency and delivery vehicles to access Pier businesses, the Pier Bridge must be designed and constructed to always carry vehicular traffic even if it were to be closed to public vehicular traffic.
Since 2012, the City has worked with consultants to provide public outreach, conceptual design, and environmental documentation services for the Project, including the preparation of the Environmental Impact Report/Environmental Assessment. The proposed Project would replace the Bridge with a new bridge meeting current design and seismic standards and provide a service life of 75 years. Due to the federal HBP grant funding, the Project is subject to both the CEQA as well as NEPA. The City previously prepared a Draft EIR/EA, in accordance with CEQA and NEPA, for the Project in 2017. The Draft EIR/EA (2017 Draft EIR/EA) identified three alternatives for the replacement of the Bridge and was circulated for public review from December 11, 2017, through March 15, 2018. Immediately after circulation of the 2017 Draft EIR/EA, significant cultural and environmental changes to the Bridge’s surroundings occurred, including the identification of a new scenic corridor along Ocean Front Walk from Pico Boulevard to the 1550 Parking Lot, as part of the City’s Land Use Plan of the Local Coastal Program, as well as the designation of Carousel Park as a local Landmark by the City’s Landmarks Commission. These changes rendered the three alternatives impracticable and relegated some of the technical studies, such as the cultural resources studies, incomplete. Additionally, comments were received during the public review period concerning the lack of range of alternatives under consideration and the lack of perceived impacts associated with the alternatives considered.
Discussion
As a result of significant cultural and environmental changes to the Bridge’s surrounding, which took place circa 2018, a Notice of Preparation for a Recirculated Draft EIR/EA for the Pier Replacement Bridge Project (Recirculated Draft EIR/EA) was prepared identifying a new set of alternatives for the Project. Through consultation with stakeholders – including the Santa Monica Pier Corporation Board, Disabilities Commission, the Santa Monica Conservancy, as well as staff from the Public Works
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and Community Development Departments, the City prepared eight new build alternatives and submitted a Notice of Preparation for a Recirculated Draft EIR/EA. The City held a public scoping meeting on October 30, 2019, to solicit community feedback on the alternatives, with the reception to the alternatives being favorable. Since October 2019, staff have met and presented at numerous public meetings, including four with the Pier Board, two with the Landmark Commission, and two with the Disabilities Commission. Staff also held meetings with members of the Santa Monica Conservancy, the Pier Board’s Large Projects Subcommittee, the Pier Lessees Association, Coastal Commission staff, and internal city stakeholders.
Further technical analysis required under CEQA reduced the number of acceptable alternatives to two (2) build alternatives. In June 2021, staff submitted an Information Item to Council (Attachment D) regarding the removal of the six (6) build alternatives that included elevators, as the elevators were found to have adverse, unmitigable impacts to adjacent cultural resources. Staff then proceeded with analyzing the remaining alternatives below in the Recirculated Draft EIR/EA:
(1) Alternative 1 – wider (15’) sidewalk on the north side of the bridge (Figure 2) (2) Alternative 2 – wider (15’) sidewalk on the south side of the bridge (Figure 3), and
(3) No Build.
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Figure 2 – Alternative 1 rendering with sidewalk on the north side Figure 3 – Alternative 2 rendering with sidewalk on the south side The preferred alternative was identified as Alternative 2, with a 15-foot sidewalk on the south side of the bridge. Stakeholders supported the new sidewalk on the south side as it aligns better with the Colorado Esplanade and the general pedestrian flow on the Pier.
The structure is expected to be a largely cast in place post-tensioned concrete
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structure, with spans over Moomat Ahiko Way being pre-cast to limit impacts to the public.
Staff completed and published the Recirculated Draft EIR/EA for a 49-day public review period between September 22, 2022, and November 10, 2022. A public meeting was held on October 13, 2022, to present the Project and collect written comments on the Recirculated Draft EIR/EA. The City received 16 separate comment letters regarding the Recirculated Draft EIR/EA. Comments were raised regarding construction noise impacts, impacts on nearby historic resources, and concerns about potential trespassing on adjacent properties. Responses to all comments received are included in the Recirculated Final EIR/EA.
Environmental Review
Alternatives Studied
The selection of alternatives studied in the Recirculated Final EIR/EA are based on CEQA and NEPA requirements as well as consideration of public comments received during the 2017 Draft EIR/EA public review period. The Recirculated Final EIR/EA studied the No-Build Project Alternative (required by CEQA/NEPA) and two build Alternatives. Alternative 1 (In-Kind Pier Bridge Replacement with Northside Sidewalk), and Alternative 2 (In-Kind Pier Bridge Replacement with Southside Sidewalk – locally Preferred Alternative) both would provide an in-kind replacement bridge with the same alignment and profile as the existing bridge. The replacement bridge would be approximately 448 feet in length and approximately 39 feet wide, about 5 feet wider than the existing bridge. The sidewalk on the new bridge would be 15 feet in width, 5.5 feet wider than the existing north side walkway. Due to clearance constraints for Moomat Akiho Way, the downward slope of the replacement bridge would be approximately 10 percent, the same as existing bridge. However, the two alternatives differ in design configurations, as described below.
• Alternative 1 – Under Alternative 1, vehicles and bicycles would use a 20-footwide roadway on the south side of the bridge. A 15-foot-wide sidewalk would be provided on the north side of the bridge. The roadway from Ocean Avenue would
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require a northeast-to-southwest taper from the existing curbs. The existing historic pier sign would be removed during construction and reinstalled at the same location but elevated to provide a minimum vertical clearance of 17’-0” per Manual on Uniform Traffic Control Devices (MUTCD). This alternative would also require an approximately 4-foot-wide extension of the existing pier deck, running approximately 157 feet, on the north side of the pier. Under Alternative 1, the footprint of the existing bridge on the south side would remain unchanged from existing conditions.
• Alternative 2 – Under Alternative 2, the locally Preferred Alternative, the path locations would be reversed; vehicles and bicycles would use a 20-foot-wide roadway on the north side of the bridge and a 15-foot-wide sidewalk on the south side of the bridge. The length of the bridge would be essentially the same (448 feet) as under Alternative 1. The historic pier sign would be temporarily removed during construction and would require relocation to approximately 10 feet north of its existing location and elevated to provide a minimum vertical clearance of 17’- 0”. The curbs from Ocean Avenue would not require a taper under this alternative. The same pier deck extension on the north side would also be required under this alternative. Under Alternative 2, the footprint of the existing bridge on the south side would remain unchanged from existing conditions. For both Alternatives 1 and 2, ADA-compliant access to the pier would be provided by the existing routes.
Summary of Potential Environmental Impacts
In accordance with CEQA and NEPA, the Recirculated Final EIR/EA provided a comprehensive analysis of the Project’s impacts under both alternatives for the following environmental impact issue areas:
• Visual and Aesthetics
• Air Quality
• Biological Resources
• Cultural Resources
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• Energy
• Geology/Soils/Seismicity/Topography
• Greenhouse Gas Emissions
• Hazardous Waste and Materials
• Hydrology (Storm Drain) and Water Quality
• Land Use/Community Character
• Noise
• Growth (including Population)
• Public Services
• Recreation
• Transportation/Traffic
• Tribal Cultural Resources
• Utilities and Service Systems (water supply, solid waste, electricity) • Wildfire
Other issue areas such as wild and scenic rivers, farmlands, and timberlands were determined to be less than significant in Chapter 2 of the Recirculated Final EIR/EA and therefore were not analyzed in detail.
As analyzed in the Recirculated Final EIR/EA, project impacts would be less than significant with no mitigation required in the issues of growth (including population growth), community character and cohesion/land use, water supply, storm drains, visual and aesthetics, hydrology, noise, energy, wetlands and other waters, and threatened species.
The Recirculated Final EIR/EA determined that the project would result in potential significant environmental impacts on land use, relocations and real property acquisition, solid waste and electricity, police and fire protection, traffic and transportation, cultural resources, water quality and stormwater runoff, geology/soils/seismicity/topography, paleontology, hazardous waste and materials, air quality, greenhouse gases, natural communities, plant and animal species, and invasive species. However, all of these
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impacts could be reduced to less-than significant levels after implementation of mitigation measures. Therefore, with mitigation, the Pier Bridge Replacement Project would not result in any significant and unavoidable environmental impacts.
Environmentally Superior Alternative and Preferred Alternative According to Section 15126.6(a) of the State CEQA Guidelines, the purpose of an Alternatives analyses is to identify alternative developments that would feasibly attain most of the basic objectives of the Project but that would avoid or substantially lessen any of the significant effects of the Project. The EIR found that neither build alternative would result in significant impacts. Notwithstanding, the EIR provided an analysis of the environmentally superior alternative. Alternative 2, would be the environmentally superior alternative and has been defined as the “Project”. This alternative would reduce impacts as compared to the No-Build Alternative and Alternative 1. The No-Build Alternative was found to be seismically deficient, would not address safety concerns with the pedestrian staircase at Appian Way, and during times of high use, would not provide adequate space to accommodate the volume of pedestrians, bicycles, and vehicles that use the facility.
Alternative 2, the “Project”, would achieve project objectives, such as accommodating vehicular, bicycle, and pedestrian travel; providing ADA-compliant access to/from the Pier Bridge; and have minimal environmental effects. The Project would also be cost efficient, would reduce temporary and permanent impacts, and would address comments received on the previous Draft EIR which circulated from December 2017 to February 2018.
Alternative 2 was found to be environmentally superior over Alternative 1 because it would provide pedestrians with a sidewalk and access along the south side of the bridge, which would align with the Colorado Esplanade at the eastern limit and the majority of the destinations on the Pier which are located on the south side of the Pier. The south side walkway would also reduce the need for pedestrians to cross vehicle traffic at both the top and bottom of bridge. Therefore, Alternative 2 would greatly facilitate pedestrian flow over Alternative 1, which has the sidewalk located along the north side of the bridge. Alternative 2 would also remove the need to taper the existing curbs compared to Alternative 1.
Between the two build alternatives under consideration, Alternative 2 has been identified as the “preferred alternative.” Alternative 2 achieves project objectives, such
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as accommodating vehicular, bicycle, and pedestrian travel; providing ADA-compliant access to/from the Pier Bridge; and having minimal environmental effects. Among the factors considered were:
• Project cost
• Engineering considerations
• Temporary and permanent impacts
• Public comments
To complete the environmental review phase of the Pier Bridge Replacement Project, it is recommended that the City Council: 1) certify the Recirculated Final EIR/EA and adopt a Mitigation Monitoring and Reporting Program and 2) approve Alternative 2 as the preferred alternative and authorize staff to proceed with the final design and development of bidding documents for construction of the Pier Bridge Replacement Project as recommended in the Recirculated Final EIR/EA. The Recirculated Final EIR/EA will also require approval from Caltrans, as the lead agency for NEPA. Upon certification of the Recirculated Final EIR/EA by Council and final sign-off from Caltrans, final design would begin. The design is expected to take approximately 12 months.
Construction would be expected to begin in Fall of 2025 and take between 18-24 months, with an estimated construction completion prior to the Los Angeles 2028 Summer Olympics.
Financial Impacts and Budget Actions
There are no financial impacts associated with the recommended actions.
Prepared By: Curtis Castle, Principal Civil Engineer
Approved Forwarded to Council
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Attachments:
A. Pier Bridge EIR Reso - Final
B. Recirculated Final EIR/EA (Web Link)
C. Pier Bridge MMRP
D. Information Item - Pier Bridge Project
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1 City Council Meeting: June 13, 2023 Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CERTIFYING THE RECIRCULATED FINAL
ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT AND
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
SANTA MONICA PIER BRIDGE REPLACEMENT PROJECT
WHEREAS, the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (“CEQA”) requires that cities consider the environmental consequences of their actions before approving a “project”; and WHEREAS, the City is the proponent of the Pier Bridge Replacement Project (the Project) and the lead agency under CEQA and prepared a Recirculated Environmental Impact Report/Environmental Assessment (EIR/EA) for the Project; and WHEREAS, the Project is subject to federal, as well as the City and state environmental review requirements because the City proposes the use of federal funds from the Federal Highway Administration (FHWA) and/or the project requires an approval from FHWA; and
WHEREAS, FHWA’s responsibility for environmental review, consultation, and any other actions required by applicable Federal environmental laws for this Project are being, or have been, carried out by the state of California Department of Transportation (Caltrans) pursuant to 23 United States Code Section 327 (23 USC 327) and the Memorandum of Understanding dated May 27, 2022, and executed by FHWA and Caltrans; and
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Packet Pg. 437 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 2 WHEREAS, a joint Recirculated EIR/EA has been prepared in compliance with both the CEQA and the National Environmental Policy Act (NEPA); and WHEREAS, the existing Pier Bridge structure has a sufficiency rating of 8.2 (on a scale of 100) and does not meet current seismic standards; and WHEREAS, bridges that are found to be seismically deficient, as defined by the Federal Highway Administration (FHWA), with a sufficiency rating of less than 50, are eligible for federal funding for replacement under the Highway Bridge Program (HBP); and
WHEREAS, during times of high use, the Pier Bridge is not wide enough to accommodate the volume of pedestrians, bicycles, and vehicles that use the facility resulting in pedestrian overflows into the roadway; and WHEREAS, replacement of the Pier Bridge is necessary to address the existing operational and structural deficiencies of the bridge; and WHEREAS, in accordance with CEQA, a Draft Environmental Impact Report/Environmental Assessment (2017 Draft EIR/EA) for the Santa Monica Pier Bridge Replacement Project was published for a 94-day public review period from December 11, 2017, to March 15, 2018; and
WHEREAS, substantial public comments were received concerning both the range of alternatives under consideration for the Project and the perceived impacts associated with those alternatives; and
WHEREAS, subsequent to release of the 2017 Draft EIR/EA, several changes to the existing conditions occurred, including the designation of Carousel Park as a local City landmark, (2) the designation of new scenic corridors as part of the City’s Final Draft
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Packet Pg. 438 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 3 2018 Land Use Plan of the Local Coastal Program, and (3) identification of potential new historic district; and
WHEREAS, a Recirculated EIR/EA was required to analyze new alternatives for the Project due to changes in existing conditions; and
WHEREAS, a Notice of Preparation for the Santa Monica Pier Bridge Replacement Project Recirculated EIR/EA was published and circulated on October 22, 2019, for 30 days and thus the City developed the Recirculated EIR/EA; and WHEREAS, a Notice of Completion/Notice of Availability of a Recirculated Draft EIR/EA was published on September 22, 2022, in compliance with CEQA and the CEQA Guidelines, Title 14, Division 6, Chapter 3 of the California Code of Regulations; and WHEREAS, pursuant to CEQA Guidelines Section 15105, the Recirculated Draft EIR/EA was circulated for a 49-day public review period, which ended on November 10, 2022; and
WHEREAS, the Recirculated Draft EIR/EA analyzed the potential environmental impacts that could result from the Santa Monica Pier Bridge Replacement Project and two build alternatives, and a No Build Alternative; and WHEREAS, on May 25, 2023, the Recirculated Final EIR/EA was published; and WHEREAS, on June 13, 2023, the City Council, as the CEQA Lead Agency, reviewed the Recirculated Final EIR/EA, in its decision-making process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby certifies that:
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Packet Pg. 439 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 4 1) The Recirculated Final EIR/EA for the Santa Monica Pier Bridge Replacement Project (“Project”) was completed in full compliance with state law and the CEQA Guidelines, there was adequate public review of the Recirculated Draft EIR/EA, and the Recirculated Final EIR/EA adequately analyzes all potentially significant environmental issues; and
2) The Recirculated Final EIR/EA was presented to the City Council, and the City Council has reviewed and considered the information contained in the Recirculated Final EIR/EA, including all comments on the Recirculated Draft EIR/EA and responses to comments, in its decision-making process prior to acting on the Project; and
3) The Recirculated Final EIR/EA reflects the independent judgement and analysis of the City.
SECTION 2. Consistent with CEQA Guidelines Section 15128, Chapter 2 of the Recirculated Final EIR/EA determined that the following environmental impacts were not considered potentially significant and were not analyzed in detail in the Recirculated Final EIR/EA: wild and scenic rivers, farmlands, and timberlands.
SECTION 3. Consistent with CEQA Guidelines Section 15091 and 15092, and as analyzed in the Recirculated Final EIR/EA, the City Council finds that the following Project impacts would be less than significant without mitigation: growth (including population growth), community character and cohesion, water supply, storm drains, visual and aesthetics, hydrology, noise, energy, wetlands and other waters, and threatened species.
SECTION 4. Consistent with CEQA Guidelines Sections 15091 and 15092, and as analyzed in the Recirculated Final EIR/EA, the City Council finds that the following Project
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Packet Pg. 440 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 5 impacts could be reduced to a less than significant level with the implementation of mitigation measures established in Appendix P- Environmental Commitment Record, of the Recirculated Final EIR/EA, and as attached hereto as Exhibit A, Mitigation Monitoring and Reporting Program: land use, relocations and real property acquisition, solid waste and electricity, police and fire protection, traffic and transportation, cultural resources, water quality and stormwater runoff, geology/soils/seismicity/topography, paleontology, hazardous waste and materials, air quality, greenhouse gases, natural communities, plant and animal species, and invasive species.
SECTION 5. Consistent with CEQA Guidelines Sections 15091 and 15092, and as analyzed in the Recirculated Final EIR/EA, the City Council finds that all Project impacts can feasibly be avoided or mitigated to below a level of significance.
SECTION 6. According to Section 15126.6(a) of the State CEQA Guidelines, the purpose of an Alternatives analyses is to identify alternative developments that would feasibly attain most of the basic objectives of the Project but that would avoid or substantially lessen any of the significant effects of the Project. The Recirculated Final EIR/EA found that the Project would not result in any significant effects. Notwithstanding, the Recirculated Final EIR/EA provided an analysis of the environmentally superior alternative. Alternative 2, the Preferred Alternative, would be environmentally superior to Alternative 1. Alternative 2 was found to be environmentally superior over Alternative 1 because it would provide pedestrians with a sidewalk and access along the south side of the bridge, which would align with the Colorado Esplanade at the eastern limit and the majority of the destinations on the Pier which are located on the south side of the Pier. The south side walkway would also reduce the need for pedestrians to cross vehicle traffic at both the top and bottom of
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Packet Pg. 441 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 6 bridge. Therefore, Alternative 2 would greatly facilitate pedestrian flow compared to Alternative 1, which places the sidewalk on the north side of the bridge. Alternative 1 would also result in re-aligning the northerly curb at the intersection with Ocean Avenue, and as a result the traffic lanes would not align as well as with Alternative 2.
SECTION 7. Consistent with Public Resources Code Section 21081.6, the City Council adopts the attached Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A, and incorporated herein by reference, and included as Appendix P - Environmental Commitment Record of the Recirculated Final EIR/EA, to mitigate or avoid significant effects of the Project on the environment, as described in Section 4 of this resolution, and to ensure compliance during project implementation.
SECTION 8. The preceding findings, although based primarily on conclusions in the Recirculated Final EIR/EA, have not attempted to describe the full analysis of each environmental impact contained in the Recirculated Final EIR/EA. Instead, the findings incorporate by reference the discussions and analyses in the Recirculated Final EIR/EA and supporting reference documents supporting the Recirculated Final EIR/EA’s determinations regarding the nature and severity of the impacts of the Project and mitigation measures designed to address those impacts. In making these findings, the City Council ratifies, adopts, and incorporates into these findings the analysis and explanation in the Recirculated Final EIR/EA and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the Recirculated Final EIR/EA.
SECTION 9. Consistent with Public Resources Code Section 21081.6, the documents which constitute the record of proceedings for approving this Project are located in the City of Santa Monica, Engineering and Street Services Division, 1685 Main
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Packet Pg. 442 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 7 Street, Santa Monica, California. The custodian of these documents is Omeed Pour, Civil Engineer.
SECTION 10. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
________________________
Douglas Sloan, City Attorney
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Packet Pg. 443 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project)
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
[BEHIND THIS PAGE]
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Packet Pg. 444 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project)
SANTA MONICA PIER BRIDGE REPLACEMENT
PROJECT
MITIGATION MONITORING AND REPORTING
PROGRAM
P REPARED FOR :
City of Santa Monica
1685 Main Street, Mail Stop 15
Santa Monica, CA 90401
Contact: Omeed Pour
(310) 458-2201 x2481
P REPARED BY :
ICF
555 W. 5th Street, Suite 3100
Los Angeles, CA 90013
Contact: Sarah Baker
(213) 312-1742
May 2023
ICF. 2023. Santa Monica Pier Replacement Project. Mitigation Monitoring and Reporting Program. May. (ICF 104260.0.001.01.013.01.) Los Angeles, CA. Prepared for City of Santa Monica, CA.
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Packet Pg. 445 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) Pier Bridge Replacement Project
Mitigation Monitoring and Reporting
Program
1 May 2023
Mitigation Monitoring and Reporting Program
CEQA requires agencies that adopt an Environmental Impact Report (EIR) or Mitigated Negative Declaration to take affirmative steps to determine that approved mitigation measures are implemented after project approval.
As part of CEQA’s environmental review procedures, Section 21081.6 requires a public agency to adopt a reporting or monitoring program for assessing and ensuring the efficacy of any mitigation measures applied to a proposed project. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval. The program must be designed to ensure compliance during project implementation. As stated in Public Resources Code Section 21081.6 (a) (1):
The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.
CEQA Section 15097 provides general guidelines for implementing mitigation monitoring and reporting programs (MMRPs). Specific reporting and/or monitoring requirements, which are to be enforced during project implementation, shall be defined prior to final approval of the proposal by the responsible decision maker(s).
In response to established CEQA requirements and those of Public Resources Code Section 21000 et seq., this MMRP for the proposed Santa Monica Pier Replacement Project shall be submitted for adoption by the City prior to completion of the environmental review process.
The City, as the project proponent and lead agency under CEQA, shall be responsible for assuring full compliance with the provisions of this program. The City shall also ensure that monitoring reports are filed on a timely basis and, when identified, that program violations are corrected.
This MMRP includes the mitigation measure(s) identified in the Final EIR and for each mitigation measure, the following information is provided:
Party Responsible for Implementation of the Mitigation Measure; Implementation Phase;
Party Responsible for Monitoring Implementation;
Monitoring Activity;
Monitoring Period;
Monitoring Frequency; and
Source.
The table below presents the MMRP for the proposed project.
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Packet Pg. 446 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) City of Santa Monica
Pier Bridge Replacement Project
Mitigation Monitoring and Reporting
Program
2 May 2023
This page was intentionally left blank.
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Packet Pg. 447 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) City of Santa Monica
3 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Table 1. Mitigation Monitoring and Reporting Program
Category Measure Source Responsible
Party
Action to
Comply Phase
Other UES-1. Prior to construction activities that could affect utility services on the pier, the City of Santa Monica project manager and construction contractor shall coordinate with utility owners to develop a plan to maintain continuous essential services to the pier during construction.
DEIR/EA pg.
2.1-27
City of Santa
Monica Project
Manager and
Construction
Contractor
Contractor shall
coordinate with
impacted utility
owners
PreConstruction
Cultural
Resources
Approval/concurrence for finding of effect and memorandum of agreement
DEIR/EA pg.
1-75
Caltrans PQS
Principal
Architectural
Historian
Submit HPSR
and Finding of
Effect
documentation
to SHPO
PreConstruction
Cultural
Resources
CR-5. All modifications to the Pier deck that are visible will be reconstructed and replaced in kind so as to maintain the historic character of the Pier, with new materials matching the original/old design, color, texture, and other visual qualities. All such work shall be accurately reproduced, based on historical, pictorial, and physical documentation and evidence. A
Certificate of Appropriateness, approved by the City of Santa Monica Landmarks Commission, is also required.
DEIR/EA pg.
2.7-68
City of Santa
Monica Project
Manager and
Engineering
Consultant
Obtain
Certificate of
Appropriateness
from City of
Santa Monica
Landmarks
Commission
PreConstruction
Cultural
Resources
CR-6. To ensure a compatible replacement bridge avoids
significant adverse effects to adjacent historic resources and their historic setting, the new bridge design shall follow guidance and direction provided in the Pier District Design Guidelines. In consideration of the proportions, window placement, and alignment with elements of Looff’s Hippodrome and surrounding historic resources, the following features shall be studied: landings and horizontal structure lines; building openings; visible joint lines and glazing mullions.
DEIR/EA pg.
2.1-68
City of Santa
Monica Project
Manager and
Engineering
Consultant
Engineering
Consultant shall
follow Pier
District Design
Guidelines when
developing final
design for the
selected
alternative
PreConstruction,
Construction
Stormwater WQ-1. The proposed project will comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the DEIR/EA pg.
2.9-12
City of Santa
Monica Project
Manager and
Comply with
associated
NPDES permits
PreConstruction,
Construction
11.A.a
Packet Pg. 448 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
4 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Coastal Watersheds of Los Angeles County, Except Those
Discharges Originating from the City of Long Beach MS4 (Order No. R4-2021-0105, NPDES No. CAS004004) and the NPDES
General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) (Order No. 2022-0027-DWQ, NPDES No.
CAS000002) and any subsequent permits in effect at the time of construction.
Construction
Contractor
Water
Quality
WQ-2. The proposed project will comply with the Construction General Permit by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP) to address issues related to construction activities, pieces of equipment, and materials that have the potential to affect water quality and risk levels. The SWPPP will identify the sources of pollutants that may affect the quality of stormwater and include Best Management Practices (BMPs), such as sediment controls, catch basin inlet protection, construction materials management, and non-stormwater
BMPs, to control pollutants. All work must conform to the construction site BMP requirements specified in the latest edition of the California Department of Transportation
Construction Site Best Management Practices Manual to control and minimize the impacts of construction and constructionrelated activities, materials, and pollutants on the watershed.
These include, but are not limited to, temporary sediment control, temporary soil stabilization, waste management, materials handling, and other non-stormwater BMPs.
DEIR/EA pg.
2.9-12
City of Santa
Monica Project
Manager and
Construction
Contractor
Prepare SWPPP PreConstruction
Other GEO-1. The following actions shall be incorporated into the project:
DEIR/EA pg.
2.10-3
City of Santa
Monica Project
Manager and
Construction
Contractor
Incorporate
GEO-1 actions
into the project
PreConstruction,
Construction
11.A.a
Packet Pg. 449 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
5 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Removal of unsuitable subgrade soils and replacement
with engineered fill,
• Use of coated or non-metallic (i.e., concrete or polyvinyl chloride [PVC]) pipes that are not susceptible to
corrosion,
• Construction of foundations using sulfate-resistant
concrete,
• Support of structures on deep-pile foundation systems, • Densification of compactable subgrade soils with in-situ techniques, and
• Placement of moisture barriers above and around
expansive subgrade soils to help prevent variations in
soil moisture content, where applicable.
Hazardous
Waste
HAZ2. In accordance with hazardous waste concerns relative to the final project design plans, the following shall be provided to the Caltrans Office of Environmental Engineering for review and approval:
Final construction documents and plans for the preferred alternative,
• A hazardous waste Sampling and Analysis Plan, and
• A Site Investigation Report for ADL, which shall be
performed to determine the extent of possible
contamination within the state right-of-way.
The detailed construction document/plans shall include design features and information showing proposed
structure/foundation work (i.e., footing/pile types, pile lengths, maximum excavation depths) and the new right-of-way. Based on the detailed construction document/plans, the following shall also be submitted to Caltrans Office of Environmental Engineering for informational purposes:
DEIR/EA pg.
3-57
City of Santa
Monica Project
Manager and
Engineering
Consultant
Supply final
project design
plans to
Caltrans Office
of
Environmental
Engineering
PreConstruction
11.A.a
Packet Pg. 450 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
6 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Sampling and Analysis Plan (including a Health and
Safety Plan) for soil and groundwater (including ADL),
• Asbestos-Containing Material and Lead-Based Paint
Survey Work Plan for bridge demolition work (discussed
above in HAZ-1), and
• Draft and Final Site Investigation Report, AsbestosContaining Material Report, and Lead-Based Paint Survey Report.
Based on the Site Investigation Report and investigative results, the City will be required to prepare the necessary construction plans and specifications for remediation of hazardous materials (including soil and groundwater) as necessary. The
specifications shall comply with current Caltrans Standard Special Provisions (SSPs) and Standard Plans. In addition, the City shall review and incorporate Caltrans SSPs for work related to:
• Disturbance of material containing hazardous waste with concentrations of ADL,
• Removal of material containing hazardous waste with
concentrations of ADL,
• Removal of yellow traffic stripes and pavement markings with hazardous waste residue,
• Disturbance of existing paint on bridges,
• Removal of treated wood waste, and
• Removal of traffic stripes and pavement markings
containing lead.
Other The City continue to coordinate with Heal the Bay to ascertain the particulars of their operations and specific replacementproperty needs. The proposed partial acquisition and temporary displacement would comply with the appropriate requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. An Adjacent
Structures Monitoring Plan, mitigation measure CR-3, will be Relocation
Impact
Memo pg. 5
City of Santa
Monica
Planning Staff
Prepare
Adjacent
Structures
Monitoring Plan
and continue to
meet with Heal
On-going
11.A.a
Packet Pg. 451 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
7 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
prepared for the project and include the monitoring of the aquarium for impacts due to construction vibration.
the Bay
Aquarium Staff
Other TRA-1. A Construction Traffic Impact Mitigation Plan shall be prepared and implemented prior to construction to provide for traffic and parking capacity management during construction.
This plan shall be subject to approval by the City Engineer and/or the City Traffic Engineer. The approved mitigation plan shall be posted on the project site for the duration of construction and be produced upon request. The plan shall include, but not be limited to, the following:
• Implement a public information program to advise
motorists of impending and ongoing construction
activities (e.g., use of media listings/notifications, the City website and related agency websites, portable message
signs, informational signs at the construction site, a
telephone hotline to record comments/complaints
during construction);
• Obtain approval from the City, or Caltrans, if required, for construction-related vehicular detours or construction
work requiring encroachment into public rights-of-way
or any other street use (e.g., haul routes for earth,
concrete, construction materials, equipment);
• Provide safety precautions for pedestrians and bicyclists through measures such as the installation of protection barriers and signage that indicates pedestrian and
bicycle detours where existing facilities would be
affected;
• Ensure the timely notification of construction schedules for all affected agencies (e.g., City Police Department, Fire Department, and Public Works Department; Planning
Division of the Community Development Department;
affected transit agencies [Santa Monica Big Blue Bus and DEIR/EA pg.
3-60
City of Santa
Monica Project
Manager and
Construction
Contractor
Prepare a
Construction
Traffic Impact
Mitigation Plan
Preconstruction
11.A.a
Packet Pg. 452 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
8 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Metro]; and all property owners and residential and
commercial tenants within a radius of 500 feet);
• Schedule pre-construction meetings with affected
agencies to plan the proper methods for controlling
traffic through work areas;
• Schedule and expedite work so as to cause the least
amount of disruption and interference with the adjacent vehicular and pedestrian traffic flow, including, to the extent feasible, the avoidance of full closures on Moomat Ahiko Way, Appian Way, and Ocean Front Walk during
months of peak activity at the pier;
• Prepare a detailed traffic control plan for work zones that includes, at a minimum, parking and travel lane
configurations; warning, regulatory, guide, and
directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific
information regarding project construction activities that may disrupt normal pedestrian and traffic flows and
measures to address disruptions.
• Monitor traffic conditions during construction and, if needed, assign traffic control officers to direct vehicular traffic and pedestrians;
• Limit the queuing of trucks to on-site locations and limit truck queuing on City streets;
• Restrict the storage of construction material and
equipment to designated work areas;
• Provide a construction-period parking plan that
minimizes the use of public streets for parking. This may include use of a remote location with shuttle transport to the site;
• If feasible and safe, as determined by the City and
Caltrans, ensure that Moomat Ahiko Way remains open
during major events and activities at Santa Monica Pier; and
11.A.a
Packet Pg. 453 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
9 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Unless required by the City and Caltrans, ensure that the California Incline remains open during the construction period for the proposed project.
Cultural
Resources
CR-3. Prior to the start of construction, the City shall prepare an Adjacent Structure Monitoring Plan (Monitoring Plan) to safeguard adjacent historic resources, including the Looff’s Hippodrome and the locally designated buildings at 1601–1619 Ocean Front Walk, during construction from damage due to vibration, demolition, excavation, and general construction activities and to mitigate the possibility of settlement due to the removal of soil.
The Monitoring Plan will define protective measures specific to individual historic resources; assign monitoring
responsibilities; install and maintain construction fencing for screening and security; and ensure safe public circulation and access during construction. Any protective measures shall be designed and installed in such a way that they are completely reversible with no impacts on historic resources. As part of the Monitoring Plan, prior to construction the project site and adjacent historic resources will be photographed to record their existing pre-construction condition and character-defining features to be kept on file with the publicly accessible property records at the City of Santa Monica.
The Monitoring Plan shall be prepared by a qualified and California-licensed Professional Engineer who is approved by the City of Santa Monica. The Monitoring Plan shall be
developed in conjunction with a qualified architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards in their respective field(s), pursuant to 36 CFR 61. All monitoring shall be conducted to the extent allowed by the property owners.
The Monitoring Plan shall include performance standards that specify:
DEIR/EA pg.
2.7-67
City of Santa
Monica Project
Manager and
Engineering
Consultant
Prepare
Adjacent
Structure
Monitoring Plan
Preconstruction
11.A.a
Packet Pg. 454 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
10 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
All new construction work will be performed so that adjacent buildings and resources, including Looff’s Hippodrome and 1601–1619 Ocean Front Walk buildings, will not be adversely affected.
A qualified and California-licensed Professional Engineer will develop monitoring recommendations, based on
preconstruction surveys and photo documentation of existing conditions of adjacent historic resources. Monitoring may include the use of vibration monitors, elevation and lateral monitoring points, crack monitors, or other instrumentation determined necessary to protect adjacent buildings and
structures from construction-related damage.
Vertical and horizontal movement will be determined by a California-licensed land surveyor or qualified professional engineer, and vibration thresholds will be maintained to levels below that which could damage adjacent buildings.
If thresholds are met, or if noticeable structural damage becomes evident to the project contractor, work shall stop until feasible steps to reduce vibratory levels have been undertaken and minimization measures have been implemented to stabilize adjacent building and prevent construction-related damage.
Any damage to historic finish materials at nearby buildings shall be repaired in consultation with the affected property owner and a qualified preservation consultant and, if warranted, in a manner that meets the Secretary of the Interior’s Standards.
If necessary, as determined by a California-licensed Professional Engineer, a shoring plan will be developed to protect adjacent historic resource from excavation or general construction procedures. The shoring plan will be developed by the
contractor and submitted to the City of Santa Monica for review.
Cultural
Resources
CR-4. Prior to any construction starting, the Pier Sign Preservation Plan shall be implemented to ensure the
protection of the Pier Sign throughout the construction phase.
DEIR/EA pg.
2.7-68 and
Pier Sign
Preservation
Architect
Prepare Pier
Sign
Preconstruction
11.A.a
Packet Pg. 455 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
11 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Protection
Plan
Preservation
Plan
Cultural
Resources
Submit full plan check set of construction drawings including details for work on the Pier Sign to Caltrans PQS
Finding of
No Adverse
Effect pg. 7-2
City of Santa
Monica
Planning Staff,
Caltrans
Architectural
Historian PQS
Submit project
plans to
Caltrans
Architectural
Historian PQS
Preconstruction
Cultural
Resources
Solicit for qualified Historic Preservation Architect to review Monitoring Plan and Pier Sign plans, implement the Plans, and propose and inform the Contractor of specifications to ensure Standards-compliant work
Finding of
No Adverse
Effect pg. 7-2
City of Santa
Monica Project
Manager
Solicit for
qualified
Historic
Preservation
Architect
Preconstruction
Cultural
Resources
Solicit for qualified and licensed Engineer to perform preconstruction survey and prepare Monitoring PlanFinding of No Adverse
Effect pg. 7-2
City of Santa
Monica Project
Manager
Solicit for
qualified and
licensed
Engineer
Preconstruction
Cultural
Resources
Carry out pre-construction survey and documentation of
existing conditions, establish vibration thresholds for incorporation into Monitoring Plan
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer
Prepare preconstruction
documentation
of existing
vibration
thresholds
Preconstruction
Cultural
Resources
Prepare Monitoring Plan including specifications for monitoring procedures and equipment, vibration thresholds, and with input from Historic Preservation Architect regarding Standardscompliant work Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Prepare
Monitoring Plan
Preconstruction
Cultural
Resources
Prepare Pier Sign Report including conditions assessment, documentation, and specifications for work
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Prepare Pier
Sign Report
Preconstruction
11.A.a
Packet Pg. 456 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
12 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Cultural
Resources
Prepare detailed construction plan set based on Engineer’s specifications and recommendations in Monitoring Plan; submit to Caltrans PQS for review and comment
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Submit
construction
plan set to
Caltrans
Architectural
Historian PQS
for comment
Preconstruction
Cultural
Resources
Prepare detailed construction plan set for work on the Pier Sign based on the Historic Preservation Architect’s specifications and recommendations; submit to Caltrans PQS for review and comment
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Submit
construction
plan set specific
to the Pier Sign
to Caltrans
Architectural
Historian PQS
for comment
Preconstruction
Hazardous
Waste
HAZ1. Prior to demolition work associated with the proposed improvements, ACBM and LBP surveys would be conducted to determine the presence of these materials. If discovered on site, asbestos and LBP hazards shall be abated in accordance with South Coast Air Quality Management District Rule 1403 prior to any demolition or bridge rehabilitation activities.
DEIR/EA pg.
2-12.10
Construction
Contractor
Perform
preconstruction
surveys for
ACBM and LBP
Preconstruction
Biology BIO-2. To avoid impacts on bats that may be roosting in palm trees within the project area, direct impacts on unmanicured palms with dead fronds shall be avoided during construction, and activities that cause high levels of vibration and/or noise, within 500 feet, shall also be avoided. If it is not possible to avoid direct impacts (e.g., tree removal, tree disturbance, tree trimming), as well as indirect impacts (e.g., noise, vibration), a qualified bat biologist shall survey the trees in the project area (i.e., conduct acoustic nighttime surveys) prior to disturbance to determine whether bats are roosting. A copy of all survey results shall be forwarded to Caltrans’ Division of
Environmental Planning.
DEIR/EA pg.
3-52
Qualified
Consultant
Biologist
Perform surveys
for tree roosting
bats prior to
removal and
monitor for
impacts if
present
Preconstruction
11.A.a
Packet Pg. 457 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
13 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
If bats are present, the bat biologist shall monitor construction activities to ensure that bats are not affected. The qualified bat biologist may also provide other avoidance measures to ensure that impacts are avoided and minimized.
Biology BIO-3. A qualified bat biologist who is also familiar with crevice-dwelling bird species shall survey the project
disturbance limits and the Pier Bridge in early summer, prior to construction, to assess the potential for the bridge’s use for bat roosting, bat maternity roosting, and bird roosting/nesting (maternity roosts and nests generally form in spring). The qualified bat biologist shall also perform preconstruction surveys within 2 weeks of construction because bat and bird roosts can change seasonally. These surveys will include a combination of structure inspections, exit counts, and acoustic surveys. A copy of all survey results shall be forwarded to Caltrans’ Division of Environmental Planning and the City.
DEIR/EA pg.
3-52
Qualified
Consultant
Biologist
Perform
preconstruction
bats surveys 2
weeks prior to
construction
Preconstruction
Biology BIO-5. Within 7 days of the commencement of construction activities (if between January 15 and September 1), a qualified biologist shall perform a nesting bird survey to determine whether there are active migratory bird nests within 200 feet of the project footprint and raptor nests within 500 feet of the project footprint. If present, this survey shall identify the species and, to the degree feasible, nesting stage (e.g., incubation of young, feeding of young, near fledging). Nests shall be mapped to the nearest location feasible without causing disturbance (close encroachment may cause nest
abandonment). If active nests of non-listed migratory birds are found, construction shall not occur within a buffer until the nesting attempt has been completed and/or abandoned because of non-project-related reasons. The buffer distance for nonlisted migratory birds shall be determined by the project biologist, depending on the species’ requirements, sensitivity to disturbance, and project activities. Construction shall not occur within 500 feet of a raptor’s nest until the nesting attempt has DEIR/EA pg.
3-52
Qualified
Consultant
Biologist
Perform
preconstruction
surveys for
birds 7 days
prior to
construction
Preconstruction
11.A.a
Packet Pg. 458 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
14 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
been completed and/or abandoned because of non-projectrelated reasons. If a nest of a special-status migratory bird (either federal or state listed or non-listed) is found, an appropriate buffer distance shall be determined, based on the species’ nesting requirements and sensitivity to disturbance, in consultation with the appropriate wildlife agencies (i.e., CDFW and/or USFWS), depending on the species’ status. A copy of all survey results and any agency coordination shall be forwarded to Caltrans’ Division of Environmental Planning and the City.
Other LU-1. The historic pier sign itself shall be maintained and preserved in kind. Repairs shall be performed, as needed, to preserve the sign’s longevity and historic aesthetic. New support structures, to accommodate widening of the bridge, shall be constructed and designed to match the existing historic context and aesthetic of the bridge. All designs for the support structures shall be approved by a certified architectural historian, in concurrence with California Department of Transportation personnel and the State Historic Preservation Officer.
DEIR/EA pg.
3-59
Construction
Contractor
Follow protocol
set forth in the
Pier Sign
Protection Plan
Construction
Cultural
Resources
CR1. If human remains are discovered during construction, California Health and Safety Code Section 7050.5 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains and the county coroner shall be contacted. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission, which will then notify the most likely descendent.
At that time, the person who discovered the remains will contact the Caltrans 7 Division of Environmental Planning to work with the most likely descendent on the respectful
treatment and disposition of the remains. Further provisions of Public Resources Code Section 5097.98 are to be followed, as applicable.
DEIR/EA pg.
2.7-67
Construction
Contractor,
Qualified
Consultant
Archeologist
Stop work if
human remains
are discovered
and contract
Caltrans staff
Construction
11.A.a
Packet Pg. 459 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
15 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Cultural
Resources
CR2. If buried cultural resources, such as flaked or ground stone, historic debris, building foundations, or non‐human bone, are inadvertently discovered during ground‐disturbing
activities, work shall stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include developing avoidance strategies, capping with fill material, or mitigating impacts through data recovery programs such as excavation or detailed documentation.
DEIR/EA pg.
2.7-67
Construction
Contractor,
Qualified
Consultant
Archeologist
Stop work if
buried cultural
resources are
discovered and
contact Caltrans
staff
Construction
Paleontology PAL-1. Because of the paleontological potential of the older Quaternary alluvium, a qualified vertebrate paleontologist shall be retained by the City or construction contractor to oversee monitoring during earthmoving activities with the potential to affect this formation. Excavations can be monitored by a qualified paleontological monitor under the supervision of the qualified paleontologist. Deep-drilled, poured-in-place concrete shafts will be monitored only if possible (e.g., during initial clearing and grading of the shaft sites). Monitoring of earthwork in the older Quaternary alluvium will reduce potential impacts to a less-than-significant level.
Monitoring may be reduced if the potentially fossiliferous unit described herein is, upon exposure and examination by
qualified paleontological personnel, determined to have low potential for containing fossil resources.
The paleontological monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall have authority to temporarily divert grading away from
exposed fossils to recover the fossil specimens professionally and efficiently and collect associated data. All efforts to avoid delays in project schedules shall be made. To prevent
construction delays, paleontological monitors shall be equipped DEIR/EA pg.
2.11-4
City of Santa
Monica Project
Manager,
Construction
Contractor,
and Qualified
Consultant
Paleontological
Monitor
City or
Construction
Contractor shall
obtain a
qualified
vertebrate
paleontologist
to oversee
monitoring
during
earthmoving
activities with
the potential to
affect
Quaternary
alluvium
Construction
11.A.a
Packet Pg. 460 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
16 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
with the necessary tools for the rapid removal of fossils and retrieval of associated data. This equipment shall include handheld global positioning system receivers, digital cameras, and cell phones as well as a tool kit with specimen containers, matrix sampling bags, field labels, field tools (e.g., awls, hammers, chisels, shovels, etc.), and plaster kits. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, and appropriate sediment samples shall be collected and submitted for analysis.
Fossils collected, if any, shall be transported to a paleontological laboratory for processing where they shall be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and then deposited in a designated paleontological curation facility such as the LACM.
Following analysis, a report of findings with an appended itemized inventory of specimens shall be prepared. The report and inventory, when submitted to the appropriate lead agency, along with confirmation of the curation of recovered specimens into an established, accredited museum repository, shall signify completion of the program to mitigate impacts on
paleontological resources.
Cultural
Resources
Implement Monitoring Plan and Pier Sign Preservation Plan specifications
Finding of
No Adverse
Effect pg. 7-2
Construction
Contractor,
Historic
Preservation
Architect
Implement
Monitoring Plan
and Pier Sign
Preservation
Plan
specifications
Construction
Cultural
Resources
Securely label all disassembled Pier Sign components with identifying location and contact information and retain and store components safely in a secure location that is shared with City staff
Finding of
No Adverse
Effect pg. 7-2
City of Santa
Monica
Planning Staff,
Construction
Contractor,
Historic
Label and store
Pier Sign
components
Construction
11.A.a
Packet Pg. 461 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
17 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Preservation
Architect
Cultural
Resources
Implement maintenance and repairs to the Pier Sign as outlined in Pier Sign Report and reviewed by Caltrans PQS
Finding of
No Adverse
Effect pg. 7-3
Historic
Preservation
Architect
Implement
maintenance
and repairs to
the Pier Sign as
outlined in Pier
Sign Report
Construction
Cultural
Resources
Read monitoring equipment and check for evident structural damage; implement minimization measures if thresholds met and/or damage observed
Finding of
No Adverse
Effect pg. 7-3
Construction
Contractor,
Historic
Preservation
Architect
Throughout
construction
contractor shall
check for
evident
structural
damage;
implement
minimization
measures if
thresholds met
and/or damage
observed
Construction
Cultural
Resources
Submit changes to the scope of work not covered in the FNAE to Caltrans PQS for review prior to the work beginning
Finding of
No Adverse
Effect pg. 7-3
City of Santa
Monica Project
Manager,
Construction
Contractor,
Caltrans
Architectural
Historian PQS
Submit changes
to the scope of
work to Caltrans
Architectural
Historian PQS
Construction
Cultural
Resources
50% Project walk-through: conduct inspection midway through construction to determine if the FNAE conditions including Pier Sign specifications are being met
Finding of
No Adverse
Effect pg. 7-3
City of Santa
Monica Project
Manager,
Caltrans
Perform 50%
Project walkthrough
Construction
11.A.a
Packet Pg. 462 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
18 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Architectural
Historian PQS
Hazardous
Waste
HAZ3. Although contaminated soil is unlikely to be present on the project site, the contractor shall observe exposed soil for odor and/or visual evidence of contamination during
excavation activities. If odiferous, stained, or discolored soil is discovered by the contractor during excavation or grading activities, all work shall stop, and an investigation shall be designed and performed to verify the presence and extent of contamination at the site. A qualified and approved
environmental consultant shall perform the review and
investigation. Results shall be reviewed and approved by the applicable local and state agencies prior to construction. The investigation shall include collecting samples for laboratory analysis and quantifying contaminant levels within the
proposed excavation and surface disturbance areas. Subsurface investigation shall determine appropriate procedures for worker protection and hazardous material handling and
disposal procedures appropriate for the project site.
DEIR/EA pg.
3-57
Construction
Contractor
Observe
exposed soil for
odor and/or
visual evidence
of
contamination
during
excavation
activities
Construction
Hazardous
Waste
HAZ4. Areas with contaminated soil that has been determined to be hazardous waste shall be excavated by personnel who have been trained through the Occupational Safety and Health Administration–recommended 40-hour safety program (29
Code of Federal Regulations 1910.120), with an approved plan for excavation, control of contaminant releases to the air, and off-site transport or on-site treatment. Health and safety plans prepared by a qualified and approved industrial hygienist shall be developed to protect the public and all workers in the construction area. Health and safety plans shall be reviewed and approved by the appropriate local and state agencies.
DEIR/EA pg.
3-58
Construction
Contractor
Areas with
contaminated
soil that has
been
determined to
be hazardous
waste shall be
excavated by
personnel who
have been
trained through
the
Occupational
Safety and
Health
Construction
11.A.a
Packet Pg. 463 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
19 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Administration–
recommended
40-hour safety
program with
an approved
plan for
excavation
Hazardous
Waste
HAZ5. Should construction activities result in the removal of yellow or white painted or thermoplastic traffic stripes, the age of the traffic striping shall be determined. If lead or chromium is present in the materials at or above specified hazardous waste levels, it shall be appropriately captured and transported, then disposed of at a permitted Class I disposal facility in California.
In addition, a project-specific Lead Compliance Plan shall be required to prevent or minimize worker exposure to lead while handling materials containing lead. Attention shall be directed to Title 8, California Code of Regulations, Section 1532.1, Lead.
DEIR/EA pg.
3-58
Construction
Contractor
Contractor shall
dispose of
thermoplastic
traffic stripes
determined to
contain lead or
chromium at a
permitted Class
I disposal
facility in
California
Construction
Hazardous
Waste
HAZ6. Although there is no evidence that groundwater in the vicinity of the pier contains contaminants, excavations below the elevation of groundwater could experience strong seepage and require dewatering. The contractor shall observe
groundwater for visual evidence of contamination or unusual odors. The contractor shall comply with all applicable
regulations and permit requirements for construction
dewatering. This may include laboratory testing, treatment of contaminated groundwater, or other disposal options.
DEIR/EA pg.
3-58
Construction
Contractor
The contractor
shall observe
groundwater
encountered for
visual evidence
of
contamination
or unusual
odors
Construction
11.A.a
Packet Pg. 464 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
20 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Air Quality AQ-1. To reduce particulate matter exhaust emissions, the City (or its contractors) shall ensure that all off-road diesel-powered equipment rated at 50 brake horsepower and greater used during construction shall meet EPA Tier 4 emissions standards, or better, except construction equipment for which such emissions control technology is not available
DEIR/EA pg.
2.13-20
Construction
Contractor
All off-road
diesel-powered
equipment rated
at 50 brake
horsepower and
greater used
during
construction
shall meet EPA
Tier 4 emissions
standards
Construction
Air Quality Most construction-related impacts on air quality are short term and, therefore, do not result in long-term adverse conditions.
Implementation of the following avoidance and minimization measures, some of which may also be required for other
purposes, such as stormwater pollution control, would reduce any air quality impacts resulting from construction activities:
• The construction contractor must comply with Caltrans Standard Specifications in Section 14-9 (2018).
• Section 14-9-02 specifically requires the contractor
to comply with all applicable laws and regulations
related to air quality, including air pollution control district and air quality management district
regulations and local ordinances.
• Water or dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a
“no visible dust” criterion, either at the point of
emission or at the right-of-way line, depending on local regulations.
DEIR/EA pg.
2.13-20
Construction
Contractor
Comply with air
quality
provisions
outlined within
this ECR
Construction
11.A.a
Packet Pg. 465 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
21 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Soil binder will be spread on any unpaved roads used
for construction purposes and on all project
construction parking areas.
• Construction equipment and vehicles will be properly
tuned and maintained. All construction equipment will
use low-sulfur fuel, as required by California Code of
Regulations Title 17, Section 93114.
• A dust control plan will be developed, documenting
sprinkling, temporary paving, speed limits, and timely
revegetation of disturbed slopes, as needed, to
minimize construction impacts on existing
communities.
• Equipment and material storage sites will be located as far away from residential, and park uses as practicable.
Construction areas will be kept clean and orderly.
• Environmentally sensitive areas, or their equivalent, will be established near sensitive air receptors. Within these areas, construction activities involving extended idling of diesel equipment or vehicles will be
prohibited, to the extent feasible.
• Track-out reduction measures, such as gravel pads at
project access points to minimize dust and mud
deposits on roads affected by construction traffic, will be used.
• All transported loads of soils and wet materials will be covered before transport or adequate freeboard (i.e.,
the space from the top of the material to the top of the truck) will be provided to minimize emissions of dust
(particulate matter) during transportation.
11.A.a
Packet Pg. 466 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
22 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Dust and mud deposited on paved public roads due to
construction activity and traffic will be promptly and
regularly removed to decrease particulate matter.
• To the extent feasible, construction traffic will be
scheduled and routed so as to reduce congestion and
related air quality impacts caused by idling vehicles
along local roads during peak travel times.
Mulch will be installed, or vegetation planted as soon as practical after grading to reduce windblown particulate in the area. Be aware that certain methods of mulch placement, such as straw blowing, may themselves cause dust and visible emissions; therefore, it may be necessary to use controls, such as dampened straw.
Biology BIO-1. All construction-related work, including staging, storage, and access, shall be limited, to the greatest extent feasible; shall occur within the project limits; and shall not encroach upon the sandy beach habitat adjacent to the project area
DEIR/EA pg.
3-52
Construction
Contractor
Avoid sandy
beach habitat
adjacent to
project area
Construction
Biology BIO-4. If recommended by the qualified bat biologist, to avoid indirect disturbance of bats and birds while roosting in areas that would be subject to or adjacent to impacts from
construction activities, any portion of a structure that is deemed by a qualified bat biologist to have potential bat or bird roosting habitat, in areas where the young have the ability to fly and may be affected by the proposed project, shall have temporary bat/bird eviction and exclusion devices installed under the supervision of the qualified bat biologist prior to the initiation of construction activities. Eviction and subsequent exclusion will be conducted during the fall (September or October) to avoid trapping flightless young inside during the summer months or hibernating/overwintering individuals during the winter. Such exclusion efforts are dependent on weather conditions, take a minimum of 2 weeks, and must be continued to keep the structures free of bats and birds until the DEIR/EA pg.
3-53
Construction
Contractor and
Qualified
Consultant
Biologist
Install
exclusionary
devices for birds
and bats if
deemed
necessary
Construction
11.A.a
Packet Pg. 467 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
23 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
completion of construction. All eviction and/or exclusion techniques shall be coordinated between the qualified bat biologist and the appropriate resource agencies (e.g., CDFW).
Work shall cease around any active bat maternity colony until such time that the young have the ability to fly, as determined by a qualified bat biologist.
Biology BIO-6. Construction equipment shall be inspected and cleaned prior to mobilization to the project site to minimize the importation of nonnative plant material. Eradication strategies (e.g., weed control) shall be implemented should an invasion of nonnative plant species occur.
DEIR/EA pg.
3-54
Construction
Contractor
Inspect
construction
equipment prior
to mobilization
for nonnative
plant species
Construction
Other UES-2. Both before construction begins and thereafter, the City of Santa Monica project manager and construction contractor shall regularly notify and coordinate with the Santa Monica Police Department and Santa Monica Fire Department during project design and scheduling, particularly in regard to any street or lane closures related to the proposed project.
DEIR/EA pg.
2.4-9
City of Santa
Monica Project
Manager and
Construction
Contractor
Regularly notify
local police and
fire
departments of
street closures
Construction
Noise Condition of Approval NOI-1. A Construction Noise Management Plan shall be prepared and approved by the City. The Plan shall outline measures that would be used to reduce noise levels.
Measures shall include:
• Construction noise in excess of the limits identified in SMC 4.12.110(b) at sensitive receptors shall occur
between the hours of 10 a.m. and 3 p.m. Monday
through Friday in accordance with SMC 4.12.110(d).
• The construction contractor(s) shall ensure that
construction equipment is properly maintained and in
working order per manufacturer specifications and that
all construction equipment is equipped with
manufacturer approved mufflers and baffles.
FEIR/EA pg.
3-41
City of Santa
Monica Project
Manager and
Construction
Contractor
Develop
Construction
Noise
Management
Plan
Construction
11.A.a
Packet Pg. 468 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
24 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• The construction contractor(s) shall place noise
generating construction equipment and located
construction staging areas away from sensitive uses to
the extent practical.
• All stationary construction equipment will be located and oriented, so that emitted noise is directed away
from sensitive receptors nearest the Project Sites.
• Construction equipment will be turned off when not in use and will not be left idling.
• Heavily loaded trucks shall be routed away from
residential streets, conforming to the City’s
recommended haul route corridors.
• Construction activities shall be scheduled so as to avoid operating several pieces of high noise-generating
equipment simultaneously, to the extent practical.
• The construction contractor(s) shall implement noise
attenuation measures, which include temporary noise
barriers and/or noise blankets placed between noisegenerating construction equipment and activities and the off-site noise sensitive receptors (specifically
residences), where noise levels have the potential to
exceed the levels identified in SMC Section 4.12.110(b).
The noise barriers and/or blankets shall be of sufficient density or design to provide a minimum of 40 dB
Standard Transmission Class (STC).
Biology BIO-7. After construction, species with a high or moderate rating on Cal-IPC’s California Invasive Plant Inventory, including any Cal-IPC-listed species of ice plant, shall not be planted in any revegetated areas.
DEIR/EA pg.
3-54
Construction
Contractor
Plant species
with high or
moderate rating
on Cal-IPC’s
California
Post
Construction
11.A.a
Packet Pg. 469 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
25 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Invasive Plant
Inventory,
including any
Cal-IPC-listed
species of ice
plant, shall not
be planted in
any revegetated
areas
Cultural
Resources
100% Project walk-through: conduct post-construction
inspection to determine if the requirements of the Pier Sign Preservation Plan were met; identify challenges and
accomplishments; and include updated photographs of the Pier Sign to file with SHPO and the City
Finding of
No Adverse
Effect pg. 7-3
City of Santa
Monica Project
Manager,
Construction
Contractor,
Caltrans
Architectural
Historian PQS
Conduct 100%
Project walkthrough
Post
Construction
11.A.a
Packet Pg. 470 Attachment: Pier Bridge EIR Reso - Final [Revision 2] (5762 : Certification of EIR/EA for the Pier Bridge
SANTA MONICA PIER BRIDGE REPLACEMENT
PROJECT
MITIGATION MONITORING AND REPORTING
PROGRAM
P R E P A R E D F O R :
City of Santa Monica
1685 Main Street, Mail Stop 15
Santa Monica, CA 90401
Contact: Omeed Pour
(310) 458-2201 x2481
P R E P A R E D B Y :
ICF
555 W. 5th Street, Suite 3100
Los Angeles, CA 90013
Contact: Sarah Baker
(213) 312-1742
May 2023
11.A.c
Packet Pg. 471 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project)
11.A.c
Packet Pg. 472 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) ICF. 2023. Santa Monica Pier Replacement Project. Mitigation Monitoring and Reporting Program. May. (ICF 104260.0.001.01.013.01.) Los Angeles, CA. Prepared for City of Santa Monica, CA.
11.A.c
Packet Pg. 473 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) Pier Bridge Replacement Project
Mitigation Monitoring and
Reporting Program
1 May 2023
Mitigation Monitoring and Reporting Program
CEQA requires agencies that adopt an Environmental Impact Report (EIR) or Mitigated Negative Declaration to take affirmative steps to determine that approved mitigation measures are implemented after project approval.
As part of CEQA’s environmental review procedures, Section 21081.6 requires a public agency to adopt a reporting or monitoring program for assessing and ensuring the efficacy of any mitigation measures applied to a proposed project. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval. The program must be designed to ensure compliance during project implementation. As stated in Public Resources Code Section 21081.6 (a) (1):
The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.
CEQA Section 15097 provides general guidelines for implementing mitigation monitoring and reporting programs (MMRPs). Specific reporting and/or monitoring requirements, which are to be enforced during project implementation, shall be defined prior to final approval of the proposal by the responsible decision maker(s).
In response to established CEQA requirements and those of Public Resources Code Section 21000 et seq., this MMRP for the proposed Santa Monica Pier Replacement Project shall be submitted for adoption by the City prior to completion of the environmental review process.
The City, as the project proponent and lead agency under CEQA, shall be responsible for assuring full compliance with the provisions of this program. The City shall also ensure that monitoring reports are filed on a timely basis and, when identified, that program violations are corrected.
This MMRP includes the mitigation measure(s) identified in the Final EIR and for each mitigation measure, the following information is provided:
Party Responsible for Implementation of the Mitigation Measure; Implementation Phase;
Party Responsible for Monitoring Implementation;
Monitoring Activity;
Monitoring Period;
Monitoring Frequency; and
Source.
The table below presents the MMRP for the proposed project.
11.A.c
Packet Pg. 474 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) City of Santa Monica
Pier Bridge Replacement Project
Mitigation Monitoring and
Reporting Program
2 May 2023
This page was intentionally left blank.
11.A.c
Packet Pg. 475 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) City of Santa Monica
3 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Table 1. Mitigation Monitoring and Reporting Program
Category Measure Source Responsible
Party
Action to
Comply Phase
Other UES-1. Prior to construction activities that could affect utility services on the pier, the City of Santa Monica project manager and construction contractor shall coordinate with utility owners to develop a plan to maintain continuous essential services to the pier during construction.
DEIR/EA pg.
2.1-27
City of Santa
Monica Project
Manager and
Construction
Contractor
Contractor shall
coordinate with
impacted utility
owners
PreConstruction
Cultural
Resources
Approval/concurrence for finding of effect and memorandum of agreement
DEIR/EA pg.
1-75
Caltrans PQS
Principal
Architectural
Historian
Submit HPSR
and Finding of
Effect
documentation
to SHPO
PreConstruction
Cultural
Resources
CR-5. All modifications to the Pier deck that are visible will be reconstructed and replaced in kind so as to maintain the historic character of the Pier, with new materials matching the original/old design, color, texture, and other visual qualities. All such work shall be accurately reproduced, based on historical, pictorial, and physical documentation and evidence. A
Certificate of Appropriateness, approved by the City of Santa Monica Landmarks Commission, is also required.
DEIR/EA pg.
2.7-68
City of Santa
Monica Project
Manager and
Engineering
Consultant
Obtain
Certificate of
Appropriateness
from City of
Santa Monica
Landmarks
Commission
PreConstruction
Cultural
Resources
CR-6. To ensure a compatible replacement bridge avoids
significant adverse effects to adjacent historic resources and their historic setting, the new bridge design shall follow guidance and direction provided in the Pier District Design Guidelines. In consideration of the proportions, window placement, and alignment with elements of Looff’s Hippodrome and surrounding historic resources, the following features shall be studied: landings and horizontal structure lines; building openings; visible joint lines and glazing mullions.
DEIR/EA pg.
2.1-68
City of Santa
Monica Project
Manager and
Engineering
Consultant
Engineering
Consultant shall
follow Pier
District Design
Guidelines when
developing final
design for the
selected
alternative
PreConstruction,
Construction
Stormwater WQ-1. The proposed project will comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the DEIR/EA pg.
2.9-12
City of Santa
Monica Project
Manager and
Comply with
associated
NPDES permits
PreConstruction,
Construction
11.A.c
Packet Pg. 476 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
4 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Coastal Watersheds of Los Angeles County, Except Those
Discharges Originating from the City of Long Beach MS4 (Order No. R4-2021-0105, NPDES No. CAS004004) and the NPDES
General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit) (Order No. 2022-0027-DWQ, NPDES No.
CAS000002) and any subsequent permits in effect at the time of construction.
Construction
Contractor
Water
Quality
WQ-2. The proposed project will comply with the Construction General Permit by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP) to address issues related to construction activities, pieces of equipment, and materials that have the potential to affect water quality and risk levels. The SWPPP will identify the sources of pollutants that may affect the quality of stormwater and include Best Management Practices (BMPs), such as sediment controls, catch basin inlet protection, construction materials management, and non-stormwater
BMPs, to control pollutants. All work must conform to the construction site BMP requirements specified in the latest edition of the California Department of Transportation
Construction Site Best Management Practices Manual to control and minimize the impacts of construction and constructionrelated activities, materials, and pollutants on the watershed.
These include, but are not limited to, temporary sediment control, temporary soil stabilization, waste management, materials handling, and other non-stormwater BMPs.
DEIR/EA pg.
2.9-12
City of Santa
Monica Project
Manager and
Construction
Contractor
Prepare SWPPP PreConstruction
Other GEO-1. The following actions shall be incorporated into the project:
DEIR/EA pg.
2.10-3
City of Santa
Monica Project
Manager and
Construction
Contractor
Incorporate
GEO-1 actions
into the project
PreConstruction,
Construction
11.A.c
Packet Pg. 477 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
5 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Removal of unsuitable subgrade soils and replacement
with engineered fill,
• Use of coated or non-metallic (i.e., concrete or polyvinyl chloride [PVC]) pipes that are not susceptible to
corrosion,
• Construction of foundations using sulfate-resistant
concrete,
• Support of structures on deep-pile foundation systems, • Densification of compactable subgrade soils with in-situ techniques, and
• Placement of moisture barriers above and around
expansive subgrade soils to help prevent variations in
soil moisture content, where applicable.
Hazardous
Waste
HAZ-2. In accordance with hazardous waste concerns relative to the final project design plans, the following shall be provided to the Caltrans Office of Environmental Engineering for review and approval:
Final construction documents and plans for the preferred alternative,
• A hazardous waste Sampling and Analysis Plan, and
• A Site Investigation Report for ADL, which shall be
performed to determine the extent of possible
contamination within the state right-of-way.
The detailed construction document/plans shall include design features and information showing proposed
structure/foundation work (i.e., footing/pile types, pile lengths, maximum excavation depths) and the new right-of-way. Based on the detailed construction document/plans, the following shall also be submitted to Caltrans Office of Environmental Engineering for informational purposes:
DEIR/EA pg.
3-57
City of Santa
Monica Project
Manager and
Engineering
Consultant
Supply final
project design
plans to
Caltrans Office
of
Environmental
Engineering
PreConstruction
11.A.c
Packet Pg. 478 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
6 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Sampling and Analysis Plan (including a Health and
Safety Plan) for soil and groundwater (including ADL),
• Asbestos-Containing Material and Lead-Based Paint
Survey Work Plan for bridge demolition work (discussed
above in HAZ-1), and
• Draft and Final Site Investigation Report, AsbestosContaining Material Report, and Lead-Based Paint Survey Report.
Based on the Site Investigation Report and investigative results, the City will be required to prepare the necessary construction plans and specifications for remediation of hazardous materials (including soil and groundwater) as necessary. The
specifications shall comply with current Caltrans Standard Special Provisions (SSPs) and Standard Plans. In addition, the City shall review and incorporate Caltrans SSPs for work related to:
• Disturbance of material containing hazardous waste with concentrations of ADL,
• Removal of material containing hazardous waste with
concentrations of ADL,
• Removal of yellow traffic stripes and pavement markings with hazardous waste residue,
• Disturbance of existing paint on bridges,
• Removal of treated wood waste, and
• Removal of traffic stripes and pavement markings
containing lead.
Other The City continue to coordinate with Heal the Bay to ascertain the particulars of their operations and specific replacementproperty needs. The proposed partial acquisition and temporary displacement would comply with the appropriate requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. An Adjacent
Structures Monitoring Plan, mitigation measure CR-3, will be Relocation
Impact
Memo pg. 5
City of Santa
Monica
Planning Staff
Prepare
Adjacent
Structures
Monitoring Plan
and continue to
meet with Heal
On-going
11.A.c
Packet Pg. 479 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
7 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
prepared for the project and include the monitoring of the aquarium for impacts due to construction vibration.
the Bay
Aquarium Staff
Other TRA-1. A Construction Traffic Impact Mitigation Plan shall be prepared and implemented prior to construction to provide for traffic and parking capacity management during construction.
This plan shall be subject to approval by the City Engineer and/or the City Traffic Engineer. The approved mitigation plan shall be posted on the project site for the duration of construction and be produced upon request. The plan shall include, but not be limited to, the following:
• Implement a public information program to advise
motorists of impending and ongoing construction
activities (e.g., use of media listings/notifications, the City website and related agency websites, portable message
signs, informational signs at the construction site, a
telephone hotline to record comments/complaints
during construction);
• Obtain approval from the City, or Caltrans, if required, for construction-related vehicular detours or construction
work requiring encroachment into public rights-of-way
or any other street use (e.g., haul routes for earth,
concrete, construction materials, equipment);
• Provide safety precautions for pedestrians and bicyclists through measures such as the installation of protection barriers and signage that indicates pedestrian and
bicycle detours where existing facilities would be
affected;
• Ensure the timely notification of construction schedules for all affected agencies (e.g., City Police Department, Fire Department, and Public Works Department; Planning
Division of the Community Development Department;
affected transit agencies [Santa Monica Big Blue Bus and DEIR/EA pg.
3-60
City of Santa
Monica Project
Manager and
Construction
Contractor
Prepare a
Construction
Traffic Impact
Mitigation Plan
Preconstruction
11.A.c
Packet Pg. 480 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
8 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Metro]; and all property owners and residential and
commercial tenants within a radius of 500 feet);
• Schedule pre-construction meetings with affected
agencies to plan the proper methods for controlling
traffic through work areas;
• Schedule and expedite work so as to cause the least
amount of disruption and interference with the adjacent vehicular and pedestrian traffic flow, including, to the extent feasible, the avoidance of full closures on Moomat Ahiko Way, Appian Way, and Ocean Front Walk during
months of peak activity at the pier;
• Prepare a detailed traffic control plan for work zones that includes, at a minimum, parking and travel lane
configurations; warning, regulatory, guide, and
directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific
information regarding project construction activities that may disrupt normal pedestrian and traffic flows and
measures to address disruptions.
• Monitor traffic conditions during construction and, if needed, assign traffic control officers to direct vehicular traffic and pedestrians;
• Limit the queuing of trucks to on-site locations and limit truck queuing on City streets;
• Restrict the storage of construction material and
equipment to designated work areas;
• Provide a construction-period parking plan that
minimizes the use of public streets for parking. This may include use of a remote location with shuttle transport to the site;
• If feasible and safe, as determined by the City and
Caltrans, ensure that Moomat Ahiko Way remains open
during major events and activities at Santa Monica Pier; and
11.A.c
Packet Pg. 481 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
9 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Unless required by the City and Caltrans, ensure that the California Incline remains open during the construction period for the proposed project.
Cultural
Resources
CR-3. Prior to the start of construction, the City shall prepare an Adjacent Structure Monitoring Plan (Monitoring Plan) to safeguard adjacent historic resources, including the Looff’s Hippodrome and the locally designated buildings at 1601–1619 Ocean Front Walk, during construction from damage due to vibration, demolition, excavation, and general construction activities and to mitigate the possibility of settlement due to the removal of soil.
The Monitoring Plan will define protective measures specific to individual historic resources; assign monitoring
responsibilities; install and maintain construction fencing for screening and security; and ensure safe public circulation and access during construction. Any protective measures shall be designed and installed in such a way that they are completely reversible with no impacts on historic resources. As part of the Monitoring Plan, prior to construction the project site and adjacent historic resources will be photographed to record their existing pre-construction condition and character-defining features to be kept on file with the publicly accessible property records at the City of Santa Monica.
The Monitoring Plan shall be prepared by a qualified and California-licensed Professional Engineer who is approved by the City of Santa Monica. The Monitoring Plan shall be
developed in conjunction with a qualified architectural historian, historic architect, or historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards in their respective field(s), pursuant to 36 CFR 61. All monitoring shall be conducted to the extent allowed by the property owners.
The Monitoring Plan shall include performance standards that specify:
DEIR/EA pg.
2.7-67
City of Santa
Monica Project
Manager and
Engineering
Consultant
Prepare
Adjacent
Structure
Monitoring Plan
Preconstruction
11.A.c
Packet Pg. 482 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
10 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
All new construction work will be performed so that adjacent buildings and resources, including Looff’s Hippodrome and 1601–1619 Ocean Front Walk buildings, will not be adversely affected.
A qualified and California-licensed Professional Engineer will develop monitoring recommendations, based on
preconstruction surveys and photo documentation of existing conditions of adjacent historic resources. Monitoring may include the use of vibration monitors, elevation and lateral monitoring points, crack monitors, or other instrumentation determined necessary to protect adjacent buildings and
structures from construction-related damage.
Vertical and horizontal movement will be determined by a California-licensed land surveyor or qualified professional engineer, and vibration thresholds will be maintained to levels below that which could damage adjacent buildings.
If thresholds are met, or if noticeable structural damage becomes evident to the project contractor, work shall stop until feasible steps to reduce vibratory levels have been undertaken and minimization measures have been implemented to stabilize adjacent building and prevent construction-related damage.
Any damage to historic finish materials at nearby buildings shall be repaired in consultation with the affected property owner and a qualified preservation consultant and, if warranted, in a manner that meets the Secretary of the Interior’s Standards.
If necessary, as determined by a California-licensed Professional Engineer, a shoring plan will be developed to protect adjacent historic resource from excavation or general construction procedures. The shoring plan will be developed by the
contractor and submitted to the City of Santa Monica for review.
Cultural
Resources
CR-4. Prior to any construction starting, the Pier Sign Preservation Plan shall be implemented to ensure the
protection of the Pier Sign throughout the construction phase.
DEIR/EA pg.
2.7-68 and
Pier Sign
Preservation
Architect
Prepare Pier
Sign
Preconstruction
11.A.c
Packet Pg. 483 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
11 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Protection
Plan
Preservation
Plan
Cultural
Resources
Submit full plan check set of construction drawings including details for work on the Pier Sign to Caltrans PQS
Finding of
No Adverse
Effect pg. 7-2
City of Santa
Monica
Planning Staff,
Caltrans
Architectural
Historian PQS
Submit project
plans to
Caltrans
Architectural
Historian PQS
Preconstruction
Cultural
Resources
Solicit for qualified Historic Preservation Architect to review Monitoring Plan and Pier Sign plans, implement the Plans, and propose and inform the Contractor of specifications to ensure Standards-compliant work
Finding of
No Adverse
Effect pg. 7-2
City of Santa
Monica Project
Manager
Solicit for
qualified
Historic
Preservation
Architect
Preconstruction
Cultural
Resources
Solicit for qualified and licensed Engineer to perform preconstruction survey and prepare Monitoring PlanFinding of No Adverse
Effect pg. 7-2
City of Santa
Monica Project
Manager
Solicit for
qualified and
licensed
Engineer
Preconstruction
Cultural
Resources
Carry out pre-construction survey and documentation of
existing conditions, establish vibration thresholds for incorporation into Monitoring Plan
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer
Prepare preconstruction
documentation
of existing
vibration
thresholds
Preconstruction
Cultural
Resources
Prepare Monitoring Plan including specifications for monitoring procedures and equipment, vibration thresholds, and with input from Historic Preservation Architect regarding Standardscompliant work Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Prepare
Monitoring Plan
Preconstruction
Cultural
Resources
Prepare Pier Sign Report including conditions assessment, documentation, and specifications for work
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Prepare Pier
Sign Report
Preconstruction
11.A.c
Packet Pg. 484 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
12 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Cultural
Resources
Prepare detailed construction plan set based on Engineer’s specifications and recommendations in Monitoring Plan; submit to Caltrans PQS for review and comment
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Submit
construction
plan set to
Caltrans
Architectural
Historian PQS
for comment
Preconstruction
Cultural
Resources
Prepare detailed construction plan set for work on the Pier Sign based on the Historic Preservation Architect’s specifications and recommendations; submit to Caltrans PQS for review and comment
Finding of
No Adverse
Effect pg. 7-2
Consultant
Engineer,
Historic
Preservation
Architect
Submit
construction
plan set specific
to the Pier Sign
to Caltrans
Architectural
Historian PQS
for comment
Preconstruction
Hazardous
Waste
HAZ-1. Prior to demolition work associated with the proposed improvements, ACBM and LBP surveys would be conducted to determine the presence of these materials. If discovered on site, asbestos and LBP hazards shall be abated in accordance with South Coast Air Quality Management District Rule 1403 prior to any demolition or bridge rehabilitation activities.
DEIR/EA pg.
2-12.10
Construction
Contractor
Perform
preconstruction
surveys for
ACBM and LBP
Preconstruction
Biology BIO-2. To avoid impacts on bats that may be roosting in palm trees within the project area, direct impacts on unmanicured palms with dead fronds shall be avoided during construction, and activities that cause high levels of vibration and/or noise, within 500 feet, shall also be avoided. If it is not possible to avoid direct impacts (e.g., tree removal, tree disturbance, tree trimming), as well as indirect impacts (e.g., noise, vibration), a qualified bat biologist shall survey the trees in the project area (i.e., conduct acoustic nighttime surveys) prior to disturbance to determine whether bats are roosting. A copy of all survey results shall be forwarded to Caltrans’ Division of
Environmental Planning.
DEIR/EA pg.
3-52
Qualified
Consultant
Biologist
Perform surveys
for tree roosting
bats prior to
removal and
monitor for
impacts if
present
Preconstruction
11.A.c
Packet Pg. 485 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
13 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
If bats are present, the bat biologist shall monitor construction activities to ensure that bats are not affected. The qualified bat biologist may also provide other avoidance measures to ensure that impacts are avoided and minimized.
Biology BIO-3. A qualified bat biologist who is also familiar with crevice-dwelling bird species shall survey the project
disturbance limits and the Pier Bridge in early summer, prior to construction, to assess the potential for the bridge’s use for bat roosting, bat maternity roosting, and bird roosting/nesting (maternity roosts and nests generally form in spring). The qualified bat biologist shall also perform preconstruction surveys within 2 weeks of construction because bat and bird roosts can change seasonally. These surveys will include a combination of structure inspections, exit counts, and acoustic surveys. A copy of all survey results shall be forwarded to Caltrans’ Division of Environmental Planning and the City.
DEIR/EA pg.
3-52
Qualified
Consultant
Biologist
Perform
preconstruction
bats surveys 2
weeks prior to
construction
Preconstruction
Biology BIO-5. Within 7 days of the commencement of construction activities (if between January 15 and September 1), a qualified biologist shall perform a nesting bird survey to determine whether there are active migratory bird nests within 200 feet of the project footprint and raptor nests within 500 feet of the project footprint. If present, this survey shall identify the species and, to the degree feasible, nesting stage (e.g., incubation of young, feeding of young, near fledging). Nests shall be mapped to the nearest location feasible without causing disturbance (close encroachment may cause nest
abandonment). If active nests of non-listed migratory birds are found, construction shall not occur within a buffer until the nesting attempt has been completed and/or abandoned because of non-project-related reasons. The buffer distance for nonlisted migratory birds shall be determined by the project biologist, depending on the species’ requirements, sensitivity to disturbance, and project activities. Construction shall not occur within 500 feet of a raptor’s nest until the nesting attempt has DEIR/EA pg.
3-52
Qualified
Consultant
Biologist
Perform
preconstruction
surveys for
birds 7 days
prior to
construction
Preconstruction
11.A.c
Packet Pg. 486 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
14 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
been completed and/or abandoned because of non-projectrelated reasons. If a nest of a special-status migratory bird (either federal or state listed or non-listed) is found, an appropriate buffer distance shall be determined, based on the species’ nesting requirements and sensitivity to disturbance, in consultation with the appropriate wildlife agencies (i.e., CDFW and/or USFWS), depending on the species’ status. A copy of all survey results and any agency coordination shall be forwarded to Caltrans’ Division of Environmental Planning and the City.
Other LU-1. The historic pier sign itself shall be maintained and preserved in kind. Repairs shall be performed, as needed, to preserve the sign’s longevity and historic aesthetic. New support structures, to accommodate widening of the bridge, shall be constructed and designed to match the existing historic context and aesthetic of the bridge. All designs for the support structures shall be approved by a certified architectural historian, in concurrence with California Department of Transportation personnel and the State Historic Preservation Officer.
DEIR/EA pg.
3-59
Construction
Contractor
Follow protocol
set forth in the
Pier Sign
Protection Plan
Construction
Cultural
Resources
CR-1. If human remains are discovered during construction, California Health and Safety Code Section 7050.5 states that further disturbances and activities shall cease in any area or nearby area suspected to overlie remains and the county coroner shall be contacted. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the coroner will notify the Native American Heritage Commission, which will then notify the most likely descendent.
At that time, the person who discovered the remains will contact the Caltrans 7 Division of Environmental Planning to work with the most likely descendent on the respectful
treatment and disposition of the remains. Further provisions of Public Resources Code Section 5097.98 are to be followed, as applicable.
DEIR/EA pg.
2.7-67
Construction
Contractor,
Qualified
Consultant
Archeologist
Stop work if
human remains
are discovered
and contract
Caltrans staff
Construction
11.A.c
Packet Pg. 487 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
15 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Cultural
Resources
CR-2. If buried cultural resources, such as flaked or ground stone, historic debris, building foundations, or non‐human bone, are inadvertently discovered during ground‐disturbing
activities, work shall stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include developing avoidance strategies, capping with fill material, or mitigating impacts through data recovery programs such as excavation or detailed documentation.
DEIR/EA pg.
2.7-67
Construction
Contractor,
Qualified
Consultant
Archeologist
Stop work if
buried cultural
resources are
discovered and
contact Caltrans
staff
Construction
Paleontology PAL-1. Because of the paleontological potential of the older Quaternary alluvium, a qualified vertebrate paleontologist shall be retained by the City or construction contractor to oversee monitoring during earthmoving activities with the potential to affect this formation. Excavations can be monitored by a qualified paleontological monitor under the supervision of the qualified paleontologist. Deep-drilled, poured-in-place concrete shafts will be monitored only if possible (e.g., during initial clearing and grading of the shaft sites). Monitoring of earthwork in the older Quaternary alluvium will reduce potential impacts to a less-than-significant level.
Monitoring may be reduced if the potentially fossiliferous unit described herein is, upon exposure and examination by
qualified paleontological personnel, determined to have low potential for containing fossil resources.
The paleontological monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays and remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall have authority to temporarily divert grading away from
exposed fossils to recover the fossil specimens professionally and efficiently and collect associated data. All efforts to avoid delays in project schedules shall be made. To prevent
construction delays, paleontological monitors shall be equipped DEIR/EA pg.
2.11-4
City of Santa
Monica Project
Manager,
Construction
Contractor,
and Qualified
Consultant
Paleontological
Monitor
City or
Construction
Contractor shall
obtain a
qualified
vertebrate
paleontologist
to oversee
monitoring
during
earthmoving
activities with
the potential to
affect
Quaternary
alluvium
Construction
11.A.c
Packet Pg. 488 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
16 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
with the necessary tools for the rapid removal of fossils and retrieval of associated data. This equipment shall include handheld global positioning system receivers, digital cameras, and cell phones as well as a tool kit with specimen containers, matrix sampling bags, field labels, field tools (e.g., awls, hammers, chisels, shovels, etc.), and plaster kits. At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, and appropriate sediment samples shall be collected and submitted for analysis.
Fossils collected, if any, shall be transported to a paleontological laboratory for processing where they shall be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and then deposited in a designated paleontological curation facility such as the LACM.
Following analysis, a report of findings with an appended itemized inventory of specimens shall be prepared. The report and inventory, when submitted to the appropriate lead agency, along with confirmation of the curation of recovered specimens into an established, accredited museum repository, shall signify completion of the program to mitigate impacts on
paleontological resources.
Cultural
Resources
Implement Monitoring Plan and Pier Sign Preservation Plan specifications
Finding of
No Adverse
Effect pg. 7-2
Construction
Contractor,
Historic
Preservation
Architect
Implement
Monitoring Plan
and Pier Sign
Preservation
Plan
specifications
Construction
Cultural
Resources
Securely label all disassembled Pier Sign components with identifying location and contact information and retain and store components safely in a secure location that is shared with City staff
Finding of
No Adverse
Effect pg. 7-2
City of Santa
Monica
Planning Staff,
Construction
Contractor,
Historic
Label and store
Pier Sign
components
Construction
11.A.c
Packet Pg. 489 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
17 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Preservation
Architect
Cultural
Resources
Implement maintenance and repairs to the Pier Sign as outlined in Pier Sign Report and reviewed by Caltrans PQS
Finding of
No Adverse
Effect pg. 7-3
Historic
Preservation
Architect
Implement
maintenance
and repairs to
the Pier Sign as
outlined in Pier
Sign Report
Construction
Cultural
Resources
Read monitoring equipment and check for evident structural damage; implement minimization measures if thresholds met and/or damage observed
Finding of
No Adverse
Effect pg. 7-3
Construction
Contractor,
Historic
Preservation
Architect
Throughout
construction
contractor shall
check for
evident
structural
damage;
implement
minimization
measures if
thresholds met
and/or damage
observed
Construction
Cultural
Resources
Submit changes to the scope of work not covered in the FNAE to Caltrans PQS for review prior to the work beginning
Finding of
No Adverse
Effect pg. 7-3
City of Santa
Monica Project
Manager,
Construction
Contractor,
Caltrans
Architectural
Historian PQS
Submit changes
to the scope of
work to Caltrans
Architectural
Historian PQS
Construction
Cultural
Resources
50% Project walk-through: conduct inspection midway through construction to determine if the FNAE conditions including Pier Sign specifications are being met
Finding of
No Adverse
Effect pg. 7-3
City of Santa
Monica Project
Manager,
Caltrans
Perform 50%
Project walkthrough
Construction
11.A.c
Packet Pg. 490 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
18 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Architectural
Historian PQS
Hazardous
Waste
HAZ-3. Although contaminated soil is unlikely to be present on the project site, the contractor shall observe exposed soil for odor and/or visual evidence of contamination during
excavation activities. If odiferous, stained, or discolored soil is discovered by the contractor during excavation or grading activities, all work shall stop, and an investigation shall be designed and performed to verify the presence and extent of contamination at the site. A qualified and approved
environmental consultant shall perform the review and
investigation. Results shall be reviewed and approved by the applicable local and state agencies prior to construction. The investigation shall include collecting samples for laboratory analysis and quantifying contaminant levels within the
proposed excavation and surface disturbance areas. Subsurface investigation shall determine appropriate procedures for worker protection and hazardous material handling and
disposal procedures appropriate for the project site.
DEIR/EA pg.
3-57
Construction
Contractor
Observe
exposed soil for
odor and/or
visual evidence
of
contamination
during
excavation
activities
Construction
Hazardous
Waste
HAZ-4. Areas with contaminated soil that has been determined to be hazardous waste shall be excavated by personnel who have been trained through the Occupational Safety and Health Administration–recommended 40-hour safety program (29
Code of Federal Regulations 1910.120), with an approved plan for excavation, control of contaminant releases to the air, and off-site transport or on-site treatment. Health and safety plans prepared by a qualified and approved industrial hygienist shall be developed to protect the public and all workers in the construction area. Health and safety plans shall be reviewed and approved by the appropriate local and state agencies.
DEIR/EA pg.
3-58
Construction
Contractor
Areas with
contaminated
soil that has
been
determined to
be hazardous
waste shall be
excavated by
personnel who
have been
trained through
the
Occupational
Safety and
Health
Construction
11.A.c
Packet Pg. 491 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
19 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Administration–
recommended
40-hour safety
program with
an approved
plan for
excavation
Hazardous
Waste
HAZ-5. Should construction activities result in the removal of yellow or white painted or thermoplastic traffic stripes, the age of the traffic striping shall be determined. If lead or chromium is present in the materials at or above specified hazardous waste levels, it shall be appropriately captured and transported, then disposed of at a permitted Class I disposal facility in California.
In addition, a project-specific Lead Compliance Plan shall be required to prevent or minimize worker exposure to lead while handling materials containing lead. Attention shall be directed to Title 8, California Code of Regulations, Section 1532.1, Lead.
DEIR/EA pg.
3-58
Construction
Contractor
Contractor shall
dispose of
thermoplastic
traffic stripes
determined to
contain lead or
chromium at a
permitted Class
I disposal
facility in
California
Construction
Hazardous
Waste
HAZ-6. Although there is no evidence that groundwater in the vicinity of the pier contains contaminants, excavations below the elevation of groundwater could experience strong seepage and require dewatering. The contractor shall observe
groundwater for visual evidence of contamination or unusual odors. The contractor shall comply with all applicable
regulations and permit requirements for construction
dewatering. This may include laboratory testing, treatment of contaminated groundwater, or other disposal options.
DEIR/EA pg.
3-58
Construction
Contractor
The contractor
shall observe
groundwater
encountered for
visual evidence
of
contamination
or unusual
odors
Construction
11.A.c
Packet Pg. 492 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
20 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Air Quality AQ-1. To reduce particulate matter exhaust emissions, the City (or its contractors) shall ensure that all off-road diesel-powered equipment rated at 50 brake horsepower and greater used during construction shall meet EPA Tier 4 emissions standards, or better, except construction equipment for which such emissions control technology is not available
DEIR/EA pg.
2.13-20
Construction
Contractor
All off-road
diesel-powered
equipment rated
at 50 brake
horsepower and
greater used
during
construction
shall meet EPA
Tier 4 emissions
standards
Construction
Air Quality Most construction-related impacts on air quality are short term and, therefore, do not result in long-term adverse conditions.
Implementation of the following avoidance and minimization measures, some of which may also be required for other
purposes, such as stormwater pollution control, would reduce any air quality impacts resulting from construction activities:
• The construction contractor must comply with Caltrans Standard Specifications in Section 14-9 (2018).
• Section 14-9-02 specifically requires the contractor
to comply with all applicable laws and regulations
related to air quality, including air pollution control district and air quality management district
regulations and local ordinances.
• Water or dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a
“no visible dust” criterion, either at the point of
emission or at the right-of-way line, depending on local regulations.
DEIR/EA pg.
2.13-20
Construction
Contractor
Comply with air
quality
provisions
outlined within
this ECR
Construction
11.A.c
Packet Pg. 493 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
21 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Soil binder will be spread on any unpaved roads used
for construction purposes and on all project
construction parking areas.
• Construction equipment and vehicles will be properly
tuned and maintained. All construction equipment will
use low-sulfur fuel, as required by California Code of
Regulations Title 17, Section 93114.
• A dust control plan will be developed, documenting
sprinkling, temporary paving, speed limits, and timely
revegetation of disturbed slopes, as needed, to
minimize construction impacts on existing
communities.
• Equipment and material storage sites will be located as far away from residential, and park uses as practicable.
Construction areas will be kept clean and orderly.
• Environmentally sensitive areas, or their equivalent, will be established near sensitive air receptors. Within these areas, construction activities involving extended idling of diesel equipment or vehicles will be
prohibited, to the extent feasible.
• Track-out reduction measures, such as gravel pads at
project access points to minimize dust and mud
deposits on roads affected by construction traffic, will be used.
• All transported loads of soils and wet materials will be covered before transport or adequate freeboard (i.e.,
the space from the top of the material to the top of the truck) will be provided to minimize emissions of dust
(particulate matter) during transportation.
11.A.c
Packet Pg. 494 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
22 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• Dust and mud deposited on paved public roads due to
construction activity and traffic will be promptly and
regularly removed to decrease particulate matter.
• To the extent feasible, construction traffic will be
scheduled and routed so as to reduce congestion and
related air quality impacts caused by idling vehicles
along local roads during peak travel times.
Mulch will be installed, or vegetation planted as soon as practical after grading to reduce windblown particulate in the area. Be aware that certain methods of mulch placement, such as straw blowing, may themselves cause dust and visible emissions; therefore, it may be necessary to use controls, such as dampened straw.
Biology BIO-1. All construction-related work, including staging, storage, and access, shall be limited, to the greatest extent feasible; shall occur within the project limits; and shall not encroach upon the sandy beach habitat adjacent to the project area
DEIR/EA pg.
3-52
Construction
Contractor
Avoid sandy
beach habitat
adjacent to
project area
Construction
Biology BIO-4. If recommended by the qualified bat biologist, to avoid indirect disturbance of bats and birds while roosting in areas that would be subject to or adjacent to impacts from
construction activities, any portion of a structure that is deemed by a qualified bat biologist to have potential bat or bird roosting habitat, in areas where the young have the ability to fly and may be affected by the proposed project, shall have temporary bat/bird eviction and exclusion devices installed under the supervision of the qualified bat biologist prior to the initiation of construction activities. Eviction and subsequent exclusion will be conducted during the fall (September or October) to avoid trapping flightless young inside during the summer months or hibernating/overwintering individuals during the winter. Such exclusion efforts are dependent on weather conditions, take a minimum of 2 weeks, and must be continued to keep the structures free of bats and birds until the DEIR/EA pg.
3-53
Construction
Contractor and
Qualified
Consultant
Biologist
Install
exclusionary
devices for birds
and bats if
deemed
necessary
Construction
11.A.c
Packet Pg. 495 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
23 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
completion of construction. All eviction and/or exclusion techniques shall be coordinated between the qualified bat biologist and the appropriate resource agencies (e.g., CDFW).
Work shall cease around any active bat maternity colony until such time that the young have the ability to fly, as determined by a qualified bat biologist.
Biology BIO-6. Construction equipment shall be inspected and cleaned prior to mobilization to the project site to minimize the importation of nonnative plant material. Eradication strategies (e.g., weed control) shall be implemented should an invasion of nonnative plant species occur.
DEIR/EA pg.
3-54
Construction
Contractor
Inspect
construction
equipment prior
to mobilization
for nonnative
plant species
Construction
Other UES-2. Both before construction begins and thereafter, the City of Santa Monica project manager and construction contractor shall regularly notify and coordinate with the Santa Monica Police Department and Santa Monica Fire Department during project design and scheduling, particularly in regard to any street or lane closures related to the proposed project.
DEIR/EA pg.
2.4-9
City of Santa
Monica Project
Manager and
Construction
Contractor
Regularly notify
local police and
fire
departments of
street closures
Construction
Noise Condition of Approval NOI-1. A Construction Noise Management Plan shall be prepared and approved by the City. The Plan shall outline measures that would be used to reduce noise levels.
Measures shall include:
• Construction noise in excess of the limits identified in SMC 4.12.110(b) at sensitive receptors shall occur
between the hours of 10 a.m. and 3 p.m. Monday
through Friday in accordance with SMC 4.12.110(d).
• The construction contractor(s) shall ensure that
construction equipment is properly maintained and in
working order per manufacturer specifications and that
all construction equipment is equipped with
manufacturer approved mufflers and baffles.
FEIR/EA pg.
3-41
City of Santa
Monica Project
Manager and
Construction
Contractor
Develop
Construction
Noise
Management
Plan
Construction
11.A.c
Packet Pg. 496 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
24 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
• The construction contractor(s) shall place noise
generating construction equipment and located
construction staging areas away from sensitive uses to
the extent practical.
• All stationary construction equipment will be located and oriented, so that emitted noise is directed away
from sensitive receptors nearest the Project Sites.
• Construction equipment will be turned off when not in use and will not be left idling.
• Heavily loaded trucks shall be routed away from
residential streets, conforming to the City’s
recommended haul route corridors.
• Construction activities shall be scheduled so as to avoid operating several pieces of high noise-generating
equipment simultaneously, to the extent practical.
• The construction contractor(s) shall implement noise
attenuation measures, which include temporary noise
barriers and/or noise blankets placed between noisegenerating construction equipment and activities and the off-site noise sensitive receptors (specifically
residences), where noise levels have the potential to
exceed the levels identified in SMC Section 4.12.110(b).
The noise barriers and/or blankets shall be of sufficient density or design to provide a minimum of 40 dB
Standard Transmission Class (STC).
Biology BIO-7. After construction, species with a high or moderate rating on Cal-IPC’s California Invasive Plant Inventory, including any Cal-IPC-listed species of ice plant, shall not be planted in any revegetated areas.
DEIR/EA pg.
3-54
Construction
Contractor
Plant species
with high or
moderate rating
on Cal-IPC’s
California
Post
Construction
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Packet Pg. 497 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge City of Santa Monica
25 Pier Bridge Replacement Project
Mitigation Monitoring and Reporting Program May 2023
Category Measure Source Responsible
Party
Action to
Comply Phase
Invasive Plant
Inventory,
including any
Cal-IPC-listed
species of ice
plant, shall not
be planted in
any revegetated
areas
Cultural
Resources
100% Project walk-through: conduct post-construction
inspection to determine if the requirements of the Pier Sign Preservation Plan were met; identify challenges and
accomplishments; and include updated photographs of the Pier Sign to file with SHPO and the City
Finding of
No Adverse
Effect pg. 7-3
City of Santa
Monica Project
Manager,
Construction
Contractor,
Caltrans
Architectural
Historian PQS
Conduct 100%
Project walkthrough
Post
Construction
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Packet Pg. 498 Attachment: Pier Bridge MMRP [Revision 1] (5762 : Certification of EIR/EA for the Pier Bridge Date: June 17, 2021
To: Mayor and City Council
From: Rick Valte, Acting Director of Public Works
Subject: Pier Bridge Replacement Project – Environmental Document Introduction
The City has endeavored to replace the Santa Monica Pier Bridge (Bridge) for nearly 30 years. Staff is currently working on a third iteration of the environmental document with the goal of completing the Pier Bridge Replacement Project (Project) in advance of the Olympic Games – Los Angeles 2028. Over the course of three draft environmental documents in the last fifteen years, the City has analyzed numerous project alternatives. Since 2013, elevators have been included with some of the analyzed project alternatives. However, after recent consultation with the California Department of Transportation (Caltrans) regarding the effects elevator towers would have on adjacent cultural resources and attempts to mitigate those effects, it is evident that including alternatives with elevators in the Revised Environmental Impact Report/Environmental Assessment (REIR/EA) would jeopardize the project schedule and federal funding. To meet the goals of replacing the Bridge before the 2028 Olympics while maintaining federal funding, staff is moving forward with an REIR/EA that would include three alternatives: (1) Alternative 1 – wider (15’) sidewalk on the north side of the bridge; (2) Alternative 2 – wider (15’) sidewalk on the south side of the bridge and (3) No Build. Alternatives 1 and 2 would replace the existing bridge with a new seismically sound structure.
Information Item
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Packet Pg. 499 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) Background
The Pier Bridge is the sole vehicular route and a vital pedestrian link to one of Santa Monica’s most prominent destinations, the Santa Monica Pier. In a typical year, it carries millions of visitors from Palisades Park to the Santa Monica Pier and the Beach. The reinforced concrete structure was constructed in 1939 and is owned by the City. The Bridge was rated 33.4 out of 100 in the 2008 bridge inspection report prepared by the Los Angeles County Department of Public Works. In 2020, the bridge was rated 17 out of 100, meaning a 50% deterioration in the past 12 years. The primary purpose of the Project is to replace a decaying 82-year-old bridge and to provide a seismically sound and functional bridge for the residents, pier businesses, and visitors ahead of the 2028 Olympics.
Efforts to replace the Bridge in the 1990s ended when federal funding was derailed. The City resumed the Project in 2006 with a proposal to rehabilitate the existing bridge, which was ultimately rejected by Caltrans. In August 2010, City Council authorized staff to apply for federal funding for the current replacement project; federal funding for design and construction of the Bridge was subsequently secured in 2012. The last EIR/EA, which circulated for public review between December 11, 2017 and March 15, 2018, could not be finalized because during its circulation, a scenic corridor along Ocean Front Walk was established and Carousel Park was landmarked by the City. The technical analysis provided by the 2017 EIR/EA did not analyze the effects the Project would have on these newly established cultural resources and therefore, the environmental document and project alternatives had to be revamped. Past Council actions are summarized below in Table 1.
Table 1 - Past Council Actions
Meeting
Date Description
06/13/1995 Authorized an agreement for Professional Services w/WRT Inc. for Beach Improvement Group Project (included Pier Bridge)
11/28/2000 Authorized a modification to WRT Inc. to begin design of CA Incline and Pier Bridge 02/26/2002 Authorized a contract for outreach services for the CA Incline and Pier Bridge 08/20/2010 Authorized staff to proceed with initiation of a project to replace the Pier Bridge
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Packet Pg. 500 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 09/11/2012
Awarded Professional Services Agreement with T. Y. Lin to provide public outreach, conceptual design and environmental documentation services for the Pier Bridge Replacement Project
02/26/2013 Authorized staff to modify Pier Bridge sidewalk to enhance safety 11/26/2013 Authorized City Manager to negotiate a third modification to agreement with TY Lin 10/09/2018 Established 15-ton weight restriction on Pier Bridge 12/17/2019 Authorized a fourth modification to agreement with T.Y. Lin Discussion
The Pier Bridge site has numerous constraints that limit the size, scale, and features that can be included with the replacement bridge. Beyond the physical constraints of tying into Ocean Avenue to the east and the Santa Monica Pier to the west, the site is surrounded by cultural resources, including the scenic corridor along Ocean Front Walk, the locally landmarked Carousel Park, and the nationally landmarked Looff Hippodrome. Both the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) require that project proponents identify the potential effects project alternatives would have on cultural resources and implement the least impactful alternative.
Staff collaborated with the Project stakeholders to develop eight new alternatives for consideration (Attachment A). With a goal of improving the existing ADA compliant routes to the Santa Monica Pier (Attachment B), the community supported alternatives with a pedestrian path sloped at 5% that connected to elevators. As a result, six alternatives included elevators.
Community Outreach
Staff has conducted the following outreach:
09/09/2019 Disabilities Commission – Development of the eight alternatives 09/16/2019 Pier Board – Development of the eight alternatives 10/30/2019 Notice of Preparation – CEQA public/community scoping meeting 11/11/2019 Landmarks Commission – Project update
11/16/2020 Pier Board – Project update
01/11/2021 Landmarks Commission – Project update
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Packet Pg. 501 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) 03/04/2021 Pier Board, Pier Bridge Subcommittee – Update regarding potential effects of elevators
03/22/2021 Pier Board – Update regarding potential effects of elevators; meeting invitation extended to Landmarks Commission, Santa Monica Conservancy, Disabilities Commission
04/05/2021 Disabilities Commission – Update regarding potential effects of elevators During preparation of the REIR/EA and the required technical studies, it became apparent that the six alternatives with elevators, including the preferred alternative, would result in a finding of adverse impacts on the adjacent cultural resources: the elevator towers would obscure the view of the Looff Hippodrome. Staff proposed mitigating these effects by incorporating various design features that minimized the presence of the elevators.
However, the mitigated alternatives would not preclude a technical finding of adverse impacts under federal law and would result in a prolonged state and federal review process that would likely conclude with the elimination of the alternatives with elevators because there are viable alternatives without adverse impacts. Staff engaged in numerous consultations with Caltrans, the lead agency for compliance with NEPA and undeniably, these challenges place both the project schedule and federal funding at risk.
Staff estimates that an effort to maintain alternatives with elevators may add two years to the project timeline and cause construction to extend into the 2028 Olympics. The effort, in itself, poses a funding risk as state and federal funds are unlikely to be approved for a project with elevators when alternatives with no elevators are feasible and have lesser, or zero, impacts on cultural resources.
Moving Forward
Staff evaluated two options of moving the project forward.
Option 1 has the least schedule and funding risks and explores an REIR/EA with the following three alternatives:
(1) Alternative 1 – wider (15’) sidewalk on the north side of the bridge (2) Alternative 2 – wider (15’) sidewalk on the south side of the bridge, and
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Packet Pg. 502 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) (3) No Build.
The key benefits and shortfalls of this option are summarized in Table 2. Pedestrian access routes shown in Attachment B would be enhanced under Alternatives 1 and 2.
Table 2 - Pros and Cons of Alternatives without Elevators Pros Cons
Complete construction before 2028 Olympic Games May not fully address concerns of stakeholders who prioritize accessibility enhancements
Support from stakeholders who prioritize schedule
and risk mitigation
Would not enhance accessibility to the beach and
Pier as much as inclusion of elevators
Support from stakeholders who prioritize minimizing
impacts to cultural resources
Cost effective; Project alternative is 100% fully
funded by FHWA.
Shorter construction reduces impacts to Pier
businesses
Mitigates risk of losing federal funding
Option 2 continues with the current eight alternatives, including those with elevators. This would add two years to the environmental approval phase and jeopardize currently programmed federal funding. There is no guarantee alternatives with elevators would ultimately be approved and published in the REIR/EA. Federal and state reviewers with jurisdiction over the environmental document would most likely require the City to select a least impactful alternative on cultural resources like Looff’s Hippodrome. This anticipated outcome is based on the interpretation by staff and the City’s environmental consultant of Section 4(f) of the Department of Transportation Act (49 USC 303) in consultation with the City Attorney’s Office. The key benefits and shortfalls of this option are summarized in Table
3. Figure 1 summarizes the Federal and State approval process.
Table 3 - Pros and Cons of Including Elevators in Scope Pros Cons
Fully address concerns of stakeholders who
prioritize accessibility enhancements
Construction would occur during and/or after the
Olympics, which could impact the number of
visitors allowed on the Pier during a time of peak
travel into the Los Angeles area.
Accessibility community is familiar and supportive of
elevators
Two additional years of operational and
maintenance risks for an 80+ year old bridge
structure
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Packet Pg. 503 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) Elevators may not ultimately be permitted under
state and federal requirements due to impacts to
cultural resources
City would have to select least impactful alternative
(i.e., alternative without elevators)
Additional project time jeopardizes federal funding
timelines
Minimal support for elevators from stakeholders
concerned about impacts on cultural resources
Requires additional local funds = $7 to $10 Million
(separate pedestrian path and elevators not eligible
for federal reimbursement)
Requires operating and maintenance costs for
elevators in perpetuity
Project schedule would be increased by 2+ years
Increases construction cost by an estimated $1.9M
due to escalation over two years
Actual elevator performance may not meet
expectations; operating elevators in a marine
environment presents significant maintenance
challenges and extended downtime due to
maintenance would generate community concerns.
For example, elevators in the City’s downtown
parking structures have been misused and
subjected to extended occupation by unhoused
residents. Installing elevators for the Pier bridge
may cause this same unintended consequence.
Figure 1 State & Federal Approval Process Summary
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Packet Pg. 504 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) Schedule
The schedule for each approach is shown below in Figure 2. Moving forward with the alternatives that include elevators would add approximately two years to the Project (with no guarantee that elevators would ultimately be permissible). Caltrans and the Federal Highway Administration (FHWA) authorized the federal reimbursement for preliminary engineering funds in March 2012 and require construction to start within ten years (“ten-year rule”).
Extensions to the ten-year rule may be requested and while the City would request such an extension under both options, delaying the project schedule an additional two years to pursue option 2 would increase the risk of the extension being denied. The City would consequently be required to return the currently obligated $1,625,000 in federal funding.
Figure 2 – Schedule Comparison
While Option 2 would continue to explore the possibility of elevators being constructed with the proposed project, the City’s environmental subconsultant ICF (through coordination with Caltrans) has advised that it is extremely unlikely that elevators would be cleared environmentally, and the process would ultimately lead to Alternatives 1 and 2 (no elevators) being the only options feasible. The time lost pursuing an alternative that would likely lead to the dismissal of elevators from the Project would add an estimated $1.9 million of escalated construction costs to the Project. There is also the additional risk that the Federal grant would not be adjusted to cover these costs and that local funds would need to be identified to cover the increase.
In addition to the additional design costs, the proposed elevators and walkways in Alternatives 3 – 8 are estimated to add $7-10 million in construction costs to the Project
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Packet Pg. 505 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) (which Caltrans has informed the City will not be reimbursed), as well as annual maintenance costs in perpetuity.
Summary and Next Steps
Based upon recently updated technical studies, consultations with Caltrans, and a comparison of the options, it is evident that including alternatives with elevators in the REIR/EA would jeopardize both the Project schedule and federal funding (currently programmed for $27,225,000 in total). Staff believes that Option 1 is the only viable approach.
Staff will continue working with the project stakeholders and will return to them with this memorandum explaining the basis for why the City is moving forward with an REIR/EA with three alternatives that do not include elevators.
Staff will begin revising the REIR/EA and NEPA technical studies by reducing the existing eight alternatives to the three Project alternatives listed above, and will continue coordination with Caltrans regarding Project funding and ensuring construction of a new, functional and seismically sound bridge is completed in advance of the 2028 Summer Olympics.
Prepared By: Curtis Castle, Principal Civil Engineer, Public Works Department Attachment A: Pier Bridge Alternatives
Attachment B: ADA Compliant Routes
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Packet Pg. 506 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) Alternative #1
3/23/2021 City of Santa Monica | Public Works Department |6 Attachment A
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Packet Pg. 507 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #2
3/23/2021 City of Santa Monica | Public Works Department |7 Attachment A
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Packet Pg. 508 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #3
3/23/2021 City of Santa Monica | Public Works Department |8 Attachment A
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Packet Pg. 509 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #4
3/23/2021 City of Santa Monica | Public Works Department |9 Attachment A
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Packet Pg. 510 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #5
3/23/2021 City of Santa Monica | Public Works Department | 10 Attachment A
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Packet Pg. 511 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #6
3/23/2021 City of Santa Monica | Public Works Department | 11 Attachment A
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Packet Pg. 512 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #7
3/23/2021 City of Santa Monica | Public Works Department | 12 Attachment A
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Packet Pg. 513 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Alternative #8
3/23/2021 City of Santa Monica | Public Works Department | 13 Attachment A
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Packet Pg. 514 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Attachment B
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Packet Pg. 515 Attachment: Information Item - Pier Bridge Project (5762 : Certification of EIR/EA for the Pier Bridge Replacement Project) City Council
Report
City Council Meeting: June 13, 2023
Agenda Item: 12.A
1 of 7
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Public Hearing and Adoption of Resolution for the 2023 Annual Water Shortage Assessment Report
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. Hold a public hearing and receive public comment for the 2023 Annual Water Shortage Assessment Report for the Public Works Department, Water Resources Division.
3. Approve the attached resolution adopting the 2023 Annual Water Shortage Assessment Report.
Summary
To ensure the availability of water during extreme climate events, such as severe drought, the California Water Code (CWC) requires all urban water suppliers to conduct an annual water supply and demand assessment. The City’s Public Works Department - Water Resources Division completed the assessment for the projected 2023 fiscal year (July 1, 2023 through June 30, 2024), as defined by the California Department of Water Resources. Details of the annual assessment are included in the attached 2023 Annual Water Shortage Assessment Report. The annual assessment analyzes current water supply and demand conditions to project water supply reliability over the next year (July 1, 2023 through June 30, 2024), identify potential water supply shortages and, if necessary, implement water shortage response actions to mitigate potential water supply shortage conditions. In order to adapt to environmental impacts induced by climate change on the City’s water supply, the City continues to invest in diversifying its
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water supply, enhancing drought resiliency, and investing in water conservation measures to permanently reduce water demand. Based on the findings from the annual assessment, staff recommends continuing to require 20% reduction in water use compared to each customer’s 2013 baseline (Stage 2 Water Shortage Level), per the City’s 2020 Water Shortage Contingency Plan adopted by City Council in June 2021.
Although recent historic rainfall has alleviated drought conditions across the state, the City needs to use water efficiently and continue to conserve water where possible to adapt to climate change impacts on our water supply. Maintaining a Stage 2 Water Shortage is critical to meet the City’s goal to reduce its reliance on imported water supplies, comply with state regulations to reduce per capita water use, and help preserve this precious resource. The City has remained in the Stage 2 Water Shortage Level since the 2014 drought and continues to maintain a 20% reduction in water demand from the baseline year of 2013.
Discussion
In 2018, the California Legislature enacted into law new requirements for urban water suppliers to increase drought resilience and to improve communication of water shortage response actions. Each urban water supplier is required to prepare an Annual Water Supply and Demand Assessment (Annual Assessment) and submit an Annual Water Shortage Assessment Report (Annual Shortage Report) to the California Department of Water Resources (DWR) on or before July 1, 2022, and every year thereafter. The annual assessment must be conducted according to a written decisionmaking process determined by individual water suppliers. The City’s written decisionmaking process is outlined in the City’s 2020 Water Shortage Contingency Plan, which was adopted by City Council on June 8, 2021, as part of the City’s 2020 Urban Water Management Plan.
The assessment required the analysis of current year and projected year water supply and demand. The City currently obtains its potable water supply from a combination of treated local groundwater and imported water from the Metropolitan Water District of Southern California (MWD), which is purchased to supplement local water supplies. The CWC requires water utilities to assess available water supplies under a representative
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single dry year. Per the 2020 Urban Water Management Plan, local groundwater supply available during a single, worst-case dry year is approximately 6,755 acre-feet per year (AFY). Relative to previous years, the local groundwater supply in 2022 (4,082 AFY) was significantly lower than the past due to: 1) Santa Monica Well 4, the highest producing groundwater well in the Olympic Well Field, was taken offline due to operational issues; and, 2) the Arcadia Water Treatment Plant (WTP) was offline for extended periods for construction of the Arcadia WTP production efficiency enhancement and expansion. Construction is occurring at the City’s Arcadia WTP through the end of 2023, and local groundwater supply is expected to decrease by approximately 552 AFY for the projected year due to construction activities. The projected year local groundwater supply of 6,203 AFY is calculated by subtracting 552 AFY from the single, dry year supply of 6,755 AFY identified in the 2020 Urban Water Management Plan. For imported water supplies, the assessment assumes only MWD’s Tier 1 water supply allotment of 7,406 AFY is available. The total available supply for the projected 2023 year is therefore 13,609 AF (6,203 AFY local supply + 7,406 AFY MWD Tier 1 allotment).
To project water demand, staff tabulated unconstrained water demand (or estimated water demand without any water conservation efforts) for 2022 across the City’s primary customer categories and projected unconstrained demand for a conservative (dry year) 2023-year scenario per CWC requirements. Basis for water demand projection for each customer category are listed below.
• Single family, multi-family, and landscape customer’s water demand is projected to increase slightly as a conservative estimate for a potential dry year. The average of 2021 and 2022 water usage - both hot, dry years - was used to project the water demand for these three categories.
• The projected water demand for industrial/commercial and institutional customers also indicates an increase from 2022 water usage, due to economic recovery effort from the COVID-19 pandemic.
• Fire demand and water loss are projected to be the same as the historical average. Fire demand is projected at 3 AF, which is less than the current year
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unconstrained fire service use of 33 AF, which was higher than historical average due to flushing and testing efforts to update the City’s hydraulic model.
Unconstrained water demand for the current and projected year is summarized in Table
1. Unconstrained demand is defined by the CWC as water demand absent any water supply and demand restrictions (e.g., water conservation programs).
Table 1: Current Year and Projected Year Unconstrained Water Demands Current Year
Unconstrained January -
December 2022 (AF)
Projected Year
Unconstrained July 2023
- June 2024 (AF)
Single Family Residential 3,221 3,389
Multi-Family Residential 5,766 5,854
Industrial/ Commercial 3,073 3,358
Institutional 361 404
Landscape Irrigation 586 654
Fire Service 33 3
Water Loss - -
Demand 13,040 13,662
The results of the annual water supply and demand assessment show that without water shortage response actions (e.g., 20% water conservation target), a 0.4% water supply shortage is projected for the next year. A 0.4% shortage equates to the State’s Standard Shortage Level 1 (≤10% shortage). The shortage is due to the difference in projected unconstrained demand and water supply is summarized in Table 2.
Table 2: Assessment Results without Water Shortage Response Actions for Projected 2023 Year
Total (AF)
Anticipated Unconstrained Demand (without Stage 2 Water Shortage conservation efforts)
13,662
Anticipated Total Water Supply 13,609
Surplus/Shortage without Water Shortage Response Actions1-53 % Surplus/Shortage without Water Shortage Response Actions1- 0.4% State Standard Shortage Level 1
1 Shortage is indicated by a negative number/percentage; surplus is indicated by a
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positive number/percentage.
Although the assessment results indicate a State Standard Shortage Level 1, the City recommends staying in Stage 2 (e.g., 20% water conservation target) for the following reasons:
• Staying in Stage 2 helps the City achieve its long-term water goals to reduce its reliance on imported water supplies and increase local control of water production costs.
• On the state level, the Water Conservation Act of 2009 (Senate Bill X7-7) requires water suppliers in California to increase their water use efficiency, and CA Executive Order B-37-16: Making Water Conservation a California Way of Life focuses on water conservation to permanently reduce per capita water use. • If the Stage 2 Shortage was lifted, water demand would increase and result in increased purchase of imported water, which could impact water rates and potentially lead to a heavier burden on the City’s rate payers.
The City has remained in a Stage 2 Water Shortage Level since 2014 and has consistently maintained 20% reductions in water demand from 2013 water usage levels.
The City’s Water Shortage Contingency Plan utilizes the same shortage levels as the State and includes water shortage response actions for a Stage 2 shortage. These actions include water use allowance on bills, restriction/enforcement on irrigation runoff or water waste, water use efficiency public outreach through social media and other media outlets, water conservation rebates such as turf replacement, and water use efficiency consultations. The goal of these actions is to reduce water demand by 20% from the 2013 baseline year. Revised results of the assessment with the water shortage response actions incorporated for an estimated 20% reduction in water demand (i.e., “constrained” demand) are tabulated in Table 3.
Table 3: Assessment Results with Stage 2 Water Shortage Response Actions for Projected 2023 Year
Total (AF)
Anticipated Constrained Demand 10,928
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(or projected actual water consumption)
Anticipated Total Water Supply Available 13,609
Revised Surplus with Water Shortage Response Actions 2,681 Revised % Surplus with Water Shortage Response Actions 20% Environmental Review
The City’s annual water shortage assessment and maintenance of Stage 2 water shortage restrictions are categorically exempt from CEQA pursuant to Section 15307 (Class 7) and 15308 (Class 8) of the CEQA Guidelines. Section 15307 and 15308 exempts a class of projects consisting of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource and the environment where the regulatory process involves procedures for protection of the environment. The intent of the Annual Water Shortage Assessment is to assess available water supplies against demands in an effort to protect the environment. Additionally, the recommended water shortage response actions are intended to protect water resources and prevent harm to the natural environment. Therefore, these actions are exempt from CEQA pursuant to Section 15307 and Section 15308.
Commission Action and Public Outreach
The annual water supply and demand assessment written decision-making procedures include a presentation of the annual assessment to the Commission on Sustainability, Environmental Justice, and the Environment. On March 20, 2023, and April 17, 2023, Staff presented the annual water supply and demand assessment findings to the Commission on Sustainability, Environmental Justice, and the Environment, and the Commission approved a motion in support of adopting the annual water supply and demand assessment findings and for the City to remain in a Stage 2 Water Shortage.
Public participation is required as part of the annual water supply and demand assessment procedures which include a public hearing and comment period. Public notification regarding a public hearing was posted in the Santa Monica Daily Press the week of May 30th and June 6th.
Past Council Actions
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Meeting Date
6/8/2021 (Attachment A) Public Hearing and Adoption of the City of Santa Monica’s 2020 Urban Water Management Plan and
Water Shortage Contingency Plan
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Sunny Wang, Water Resources Manager
Approved Forwarded to Council
Attachments:
A. June 8, 2021 Staff Report (Web Link)
B. Draft 2023 Annual Water Shortage Assessment Report_053023 C. Resolution
D. Written Comments
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Packet Pg. 523 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report TABLE OF CONTENTS Page ii
Table of Contents
1 INTRODUCTION ..................................................................................................................... 1-1
1.1 California Water Code Requirements ......................................................................................... 1-1
1.2 Water System Overview ................................................................................................................... 1-2 2 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT ............................................ 2-1
2.1 Decision-making process ................................................................................................................. 2-1
2.2 Key Data Inputs ................................................................................................................................... 2-2
2.2.1 Water Demand...................................................................................................... 2-3
2.2.2 Water Supply ...................................................................................................... 2-10 3 Supply and Demand Assessment Results and Recommendations....................... 3-1
3.1 Recommended Water Shortage Response Stage .................................................................... 3-1
3.2 Ongoing Reassessments ................................................................................................................... 3-6 Figures
Figure 1. Potable Water System Overview .............................................................................................. 1-3 Figure 2. Components of the 2018 Sustainable Water Master Plan ............................................. 1-5 Tables
Table 2-1. Annual Water Supply and Demand Assessment Process ............................................. 2-2 Table 2-2. Constrained Water Demand by Sector in Acre-Feet (2018-2022) ........................... 2-3 Table 2-3. Current Year and Projected Year Demands (Non-Potable) ......................................... 2-8 Table 2-4. Current Year and Projected Year Demands (Potable) ................................................... 2-9 Table 2-5. Current Year and Projected Year Potable Supply ........................................................ 2-13 Table 2-6. Current Year and Projected Year Non-Potable Supply .............................................. 2-14 Table 3-1. Assessment Results without Water Shortage Response Actions .............................. 3-1 Table 3-2. Water Shortage Stages and Reduction Targets ................................................................ 3-2 Table 3-3. Summary of Water Shortage Stages and Conditions ..................................................... 3-2 Table 3-4. Summary of Stage 1 and Stage 2 Water Shortage Response Actions ...................... 3-3 Table 3-5. Assessment Results with Stage 2 Water Shortage Response Actions ..................... 3-5
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Packet Pg. 524 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report List of Acronyms Page iii
List of Acronyms
AF Acre-Feet
AFY Acre-Feet Per Year
AMI Advanced Metering Infrastructure
AWSDA Annual Water Supply and Demand Assessment
BMP Best Management Practice
CWC California Water Code
DRINC Drinking Water Information Clearinghouse
DWR Department of Water Resources
GAC Granular Activated Carbon
GSP Groundwater Sustainability Plan
MCL Maximum Contaminant Level
MG Million Gallons
MGD Million Gallons Per Day
MOU Memorandum of Understanding
MTBE Methyl Tert-Butyl Ether
MWD Metropolitan Water District of Southern California
ND Non Detect
NOV Notice of Violation
PFAS Per- and Polyfluoroalkyl Substances
SGMA Sustainable Groundwater Management Act of 2014
SMB Santa Monica Basin
SMBGSA Santa Groundwater Basin Groundwater Sustainability Agency SMURRF Santa Monica Urban Runoff Recycling Facility
SWIP Sustainable Water Infrastructure Project
SWMP Sustainable Water Management Plan
SWRCB State Water Resources Control Board
RO Reverse Osmosis
TBA Tert-Butyl Alcohol
WCU Water Conservation Unit
WSCP Water Shortage Contingency Plan
WSIP Water Savings Incentive Program
WRD Water Resources Division
WTP Water Treatment Plant
WUA Water Use Allowance
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Packet Pg. 525 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report INTRODUCTION 1-1
1 INTRODUCTION
This report summarizes findings from the City of Santa Monica (City) 2023 Annual Water Supply and Demand Assessment (AWSDA). The AWSDA is required by the California Water Code (§10632.1) to analyze current water supply and demand conditions as well as project water supply reliability each year. In doing so, AWSDA’s serve as a tool to help identify potential water supply shortages and to implement water shortage response actions to mitigate possible supply gaps.
Beginning in 2022, the California Water Code (§10632.1) required urban water suppliers to conduct an AWSDA and submit an annual water shortage assessment report to the California Department of Water Resources (DWR) on or before July 1 of each year. The annual water shortage assessment report evaluates water supply reliability over the following year and provides an explanation of the process, data, and results of the assessment.
1.1 CALIFORNIA WATER CODE REQUIREMENTS
The City’s 2023 AWSDA was performed in compliance with California Water Code (CWC) requirements. Guidelines for the AWSDA can be found in CWC Section 10632 and a brief summary is provided below.
CWC §10632.1 An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.
CWC §10632(a)(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
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(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable.
(ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. (v) A description and quantification of each source of water supply.
The written decision-making process used to determine water supply reliability and key data inputs and assessment methodology used for the 2023 AWSDA are detailed in Section 2 of this report, Annual Water Supply and Demand Assessment.
1.2 WATER SYSTEM OVERVIEW
The City’s current domestic water supply consists of local groundwater and purchased imported water (either from the State Water Project or the Colorado River) from the Metropolitan Water District of Southern California (MWD). The City extracts local groundwater from ten active groundwater wells located in the Santa Monica Groundwater Basin (SMB). Five of these wells are located in the Charnock subbasin, two are located in the Olympic subbasin, and three are located in the Arcadia subbasin. Three of the five wells located in the Charnock subbasin are pretreated at the Charnock Water Treatment Plant (Charnock WTP) to remove volatile organic carbon (VOC) compounds from historical industrial pollution and then blended with the two other Charnock wells prior to being pumped to the Arcadia Water Treatment Plant (Arcadia WTP) for further treatment.
Groundwater pumped from the Olympic and Arcadia subbasins are also treated at the Arcadia WTP. The Arcadia WTP provides multi-barrier treatment to all of the City’s groundwater wells to reduce hardness in the groundwater and meet all federal and state drinking water regulations. Only one groundwater well, SM-1, located in the Arcadia subbasin is distributed, after disinfection at the well head, directly into the water distribution system as it does not require any additional treatment to meet federal and state drinking water regulations. Final treated water from the Arcadia WTP is sent to the 5- million-gallon (MG) Arcadia Reservoir and distributed for potable water use throughout the City. In addition to the Arcadia Reservoir, the City also owns and operates three additional water storage reservoirs representing a total storage capacity of 40 MG: Riviera Reservoir, Mt. Olivette Reservoir, and San Vincente Reservoir.
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The City supplements its local groundwater supply with imported water purchased from MWD. The City, along with 12 other local governments, formed the MWD in 1928. MWD was originally created to build the Colorado River Aqueduct to supplement the water supplies of the original founding members in Southern California. Water was first delivered to the City in 1941 via the Colorado River Aqueduct. In 1972, MWD augmented its supply sources to include deliveries from the State Water Project via the California Aqueduct. Today, MWD serves more than 145 cities and 94 unincorporated communities across Southern California.
An overview of the existing domestic potable water system is shown in Figure 1.
Figure 1. Potable Water System Overview
The City also has a dedicated recycled water system that provides service to 30 metered locations currently. The primary use of recycled water is for landscape irrigation but is also used for street sweeping, sewer jetting, and for lavatories at two facilities. Recycled water is distributed from the Santa Monica Urban Runoff Recycling Facility (SMURRF), which captures and treats urban runoff from the storm drain system. Prior to SMURRF
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operations, the runoff discharged to Santa Monica Bay and adversely impacted water quality.
In November 2018, City Council adopted an updated Sustainable Water Master Plan (SWMP). The intent of the 2018 SWMP update was to refine the pathway for the City to reduce its reliance on imported water. The refined pathway also considered impacts of ongoing drought conditions as well as new regulations that required additional treatment for restoring local groundwater supplies. The 2018 SWMP builds on the City’s previous successes by continuing to develop projects and programs at the local level to enhance the reliability and resiliency of the City’s water supply. The 2018 SWMP consisted of three key components and a brief summary on progress is listed below. • Component 1 – Increasing water conservation efforts to permanently reduce water demand. The City is currently developing its first Water Conservation Master Plan that will be completed in 2023, aimed to increase water conservation efforts to permanently reduce water demand.
• Component 2 – Developing sustainable and drought resilient alternative water supplies. A ribbon cutting ceremony was held for the City’s Sustainable Water Infrastructure Project (SWIP) in November 2022. The SWIP leverages stormwater, dry weather urban runoff, brackish groundwater, and municipal wastewater to provide up to 1,650 acre-feet per year of sustainable, drought resilient water supply to the City’s water supply portfolio. The City is also making progress on enhancing the production efficiency at the Arcadia WTP through concentrate recovery by implementing the first municipal installation of Flow Reversal Reverse Osmosis that would provide an additional 1,200 acre-feet per year of drinking water for the City and set to be completed by the end of 2023.
• Component 3 – Expanding local groundwater production within sustainable yield limits. To maximize local groundwater supplies, the City is constructing a new well head treatment facility to remove industrial contaminants in the Olympic Well Field and restore it to full production capacity. The new Olympic Advanced Water Treatment Facility is scheduled for completion by the end of 2023.
When fully implemented, the projects outlined in the 2018 SWMP will provide a diversified, drought-resilient water supply portfolio that leverages all available water resources to the City. The key components of the SWMP are listed on the following page and shown in Figure 2.
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Figure 2. Components of the 2018 Sustainable Water Master Plan
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2 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT
AWSDAs analyze current water demand and supply conditions and project water supply reliability over the next year. To analyze current water demand and supply, City staff compiled water use and water supply data over the previous calendar year (i.e., January 1, 2022 to December 31, 2022) to project the current year’s trends for water demand and supply. This information, in combination with other considerations such as anticipated growth, weather patterns, State and local regulations and policies, and other plausible factors, were then used to project demand and supply over the next year. Because annual water shortage assessment reports are due by July 1st of each year, the projected water demand and supply is for the period from July 1, 2023, to June 30, 2024. Although California experienced one of the wettest winters on record, the CWC requires the projected assessment period to be a dry year. The following sections detail the decisionmaking process and data inputs used for the AWSDA and water shortage assessment report.
2.1 DECISION-MAKING PROCESS
CWC §10632 requires AWSDAs to be conducted according to a written decision-making process. The City’s written decision-making process is outlined in the City’s Water Shortage Contingency Plan (WSCP), which serves as the City’s action plan during an actual or predicted drought or a catastrophic water supply shortage. The process includes:
• Presenting the findings to the City’s Commission on Sustainability, Environmental Justice, and the Environment (formerly the Task Force on the Environment) • Public notification regarding the proposed water supply shortage stage, water shortage response actions, and upcoming City Council meeting for the Public Hearing; and
• Formal adoption of the annual water shortage assessment report findings and proposed water supply shortage stage by City Council.
A timeline for the decision-making process is provided in Table 2-1.
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Table 2-1. Annual Water Supply and Demand Assessment Process Month Activity
January City of Santa Monica Water Resources Division’s (WRD) commences the annual water supply and demand assessment February
WRD presents annual assessment findings and proposed water supply shortage stage to the Commission on Sustainability, Environmental Justice, and the Environment
March
WRD prepares an annual water shortage assessment report and proposed water supply shortage stage, if any, to the Public Works Department Head for approval
April
Public notification regarding proposed water supply shortage stage, water shortage response actions, and upcoming City Council meeting
May/June
WRD presents annual water shortage assessment report findings and proposed water supply shortage stage to City Council for formal adoption by resolution
On or before
July 1st
WRD submits a final water shortage assessment report to the State of California Department of Water Resources (DWR)
2.2 KEY DATA INPUTS
CWC §10632 requires the following data inputs and assessment methodology to be used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year:
• Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. Unconstrained demand is defined by the CWC as “water demand absent any water supply and demand restrictions”. • Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. • Existing infrastructure capabilities and plausible constraints (e.g., shutdown of the City’s water treatment plant for extended durations or unforeseen extended outages of the City’s groundwater production wells).
• A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. • A description and quantification of each source of water supply.
The following sections describe these inputs in detail.
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2.2.1 Water Demand
Water usage for the City is tracked by six customer categories: Single-Family Residential, Multi-Family Residential, Commercial/Industrial, Institutional, Landscape, and Fire Service.
Predominate water use in the City is by residential users, which account for more than twothirds of the City’s total water consumption. Within the residential users, total water usage in the multi-family residential category (roughly 44% of total) is significantly higher than the total water usage of single family residential (roughly 25% total).
Commercial/industrial water consumption is approximately 25% of the total water usage within the City. The other three sectors (institutional, landscape, and fire service) combined account for approximately 6-7% of total water use in the City. Table 2-2 summarizes the constrained water demand in the City over the last five years in acre-feet (AF). An acre-foot is defined as the volume of water that would cover one acre of land to a depth of one foot. Constrained demand is calculated by subtracting the water demand reduction (e.g., the City’s water conservation program) from the unconstrained demand.
The City’s water conservation efforts to date equates to approximately 20% of the unconstrained water demand.
Table 2-2. Constrained Water Demand by Sector in Acre-Feet (2018-2022) 2018 2019 2020 2021 2022
Single Family
Residential 2,773 2,556 2,756 2,845 2,577
Multi-Family
Residential 4,917 4,752 4,944 4,752 4,613
Industrial/
Commercial 3,028 2,914 2,100 2,131 2,458
Institutional 474 356 273 267 289
Landscape
Irrigation 456 450 438 576 469
Fire Service 3 3 2 3 3
Water Loss - - 66 - -1
Constrained
Demand2
11,651 11,030 10,580 10,641 10,432
1Water Loss Audit has yet to be completed for 2022.
2Demand summarized in this table are actual water demand (or constrained water demand as defined by DWR), which includes water demand reduction from water conservation efforts.
Compared to 2021, single family and multi-family residential water usage in 2022 decreased by 268 AF and 139 AF, respectively. The industrial/commercial sector saw an increase in usage of 327 AF, which can be attributed to businesses recovering after COVID12.A.b Packet Pg. 533 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT 2-4
19. Institutional usage also increased by 22 AF in 2022. Landscape usage decreased by 107 AF, while fire usage increased by 23 AF. Water conservation efforts by the community are a likely contributor to the decrease in water usage by residential and landscape users.
The water demand summarized in Table 2-2 also considered water loss in the water distribution system. Distribution system water loss, defined as the difference between water supplied to the system less authorized consumption, has declined linearly during this entire reporting period. The City meets the Water Loss Audit Standard through its participation in annual water audits. The audits are validated by an independent thirdparty according to American Water Works Association standards. In 2015, the total water loss was approximately 3.8%, and in 2016, it was 1.6%. However, subsequent years (2018, 2019, 2021, and 2022) yielded water consumption exceeding water supplied, and therefore it is assumed that water loss was 0% in 2018, 2019, 2021, and 2022.
The discrepancy for water consumption exceeding water supplied has been attributed to several factors. First, there is a timing issue with the manual meter reading where the City maintains a 60-day billing cycle so there is a lag in consumption data relative to source water entering the system. Second, the metering of the source water entering the City’s distribution system are in multiple locations. The City’s potable water supply has four sources entering the system: imported water from two MWD feeder services (SMN-01 and SMN-02) and local treated groundwater from Santa Monica Well 1 and the Arcadia WTP.
MWD’s two feeder service lines both have meters and are maintained by MWD. Santa Monica Well 1 has a dedicated magnetic flowmeter. The Arcadia WTP does not have a single flowmeter for the potable water produced. Rather, treated water flow from the Arcadia WTP is calculated using a composite of multiple internal flowmeters at the Arcadia WTP. These internal flows originate from internal bypass flows and reverse osmosis product flows, with each meter subject to its own margin of error. It is likely that the discrepancies in reporting are due to compounded inaccuracies from the various flow meters when tabulated.
The City is in the process of installing a single potable water flow meter at the Arcadia WTP, at the inlet of the Arcadia Reservoir, and upgrading water meters on the customer’s end with Advanced Metering Infrastructure (AMI) throughout the distribution system. The new meter at the Arcadia WTP will allow for more accurate flow accounting while the AMI smart meters provide for real-time water demand monitoring in the distribution system as opposed to the current 60-day meter reading cycle.
2.2.1.1 Water Conservation
The City has a long history of promoting water conservation. In 2002, the City initiated its Water Efficiency Strategic Plan and in 2004 began implementing various conservation programs including the No Water Waste and Green Building Ordinances. On August 12, 2014, City Council adopted a resolution declaring a Stage 2 Water Supply Shortage thereby
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requiring mandatory water conservation to achieve a 20% reduction in water use compared to 2013. Subsequently, on October 28, 2014, City Council also authorized the significant expansion of staffing and funding to augment the City’s water conservation efforts to address the state-wide drought and help the City reduce its reliance on imported water supplies. The City has remained in a Stage 2 Water Shortage since 2014, which has contributed to a water demand reduction of approximately 20% or approximately 2,500 acre-feet per year (AFY). More recently, the City implemented outdoor watering restrictions, limiting outdoor watering to two days per week, on July 2022 in response to severe drought conditions across the State of California.
Water Demand Management is achieved through implementation of various water conservation and efficiency programs designed to permanently reduce residential and commercial potable water use. Continuation of existing and implementation of proposed conservation measures are essential for the City to reduce overall use in the face of increased demand pressures from new housing and from the commercial and institutional sectors of the local economy. Below is a list of some of the key conservation measures currently being implemented:
• Water Neutrality Ordinance (SMMC 7.16.050): On July 1, 2017, the City’s Water Neutrality Ordinance went into effect, which caps water use for new developments to the average five-year historical water use for that individual parcel. If the projected annual water use for the development is greater than existing parcel’s annual average over the past five years, the increased amount must be offset by funding water-efficient retrofits of existing buildings elsewhere in the City. Offset retrofits currently include low-flow indoor fixtures (toilets, urinals, showerheads, and aerators). The ordinance applies to pools, ponds, spas, and other water features as well. This ordinance was developed and is implemented by Water Conservation Unit (WCU) staff. Implementation includes performing over 500 development project plan checks each year along with determining fees and managing a full-scale Water Neutrality Direct Install program.
• Recycled Water Ordinance (SMMC 7.12.170): On January 1, 2023, the City’s recycled water ordinance went into effect which requires all new development within the recycled water service area and with a total floor area of 7,500 square feet or more to utilize 100% recycled water for surface irrigation and/or dualplumbing applications, as applicable, serving all non-potable water demands within the development. This includes applications using potable water that can be replaced with recycled water like landscaping, water features, toilet flushing, and cooling towers.
• Water Use Allowances (WUAs): The WUA is a component of the WSCP and is the mechanism to implement the mandatory reduction required by a Water Supply
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Shortage. WUAs represent the amount of water that can be used by a water customer without risk of receiving an exceedance citation (see below). The WUA for the current Stage 2 Water Supply Shortage is 20% below the amount of water used in 2013. Every water customer in the City receives a WUA uniquely calculated for each billing period.
• Water Use Allowance Exceedance Citations: A water customer can receive an administrative citation for exceeding their WUA for any given billing period. Citation fees are $250 for the first exceedance, $500 for the second exceedance (within 12 months of the first) and $1,000 for the third exceedance (within 12 months of the second). Since 2015, over 1,300 WUA Exceedance Citations have been issued. • Water Use Consultations: WCU staff make onsite visits to customers to validate water meter readings and comprehensively audit indoor water use (measuring flush and flow fixtures, appliances, checking for leaks, behaviors) and outdoor water use (irrigation system, checking for leaks, behaviors). Recommendations for saving water are documented and sent to the customer. Consultations have resulted in the discovery and repair of major leaks, adjustment of irrigation system timers, installation of low-flow devices (aerators and showerheads [free]), toilets and urinals (rebates), and water-use behavior changes. This program is free of charge for any Santa Monica water customer. Since 2015, over 700 consultations have been provided to City customers.
• Landscape Rebate Program: The City’s most successful rebate program provides rebates for customers that replace their turf grass and overhead spray irrigation with sustainable, drought tolerant, and low-water using landscapes with no or drip irrigation only. Santa Monica’s unique landscape rebate requirements establish effective water conservation, provide successful and maintainable projects, and ensure an aesthetically pleasing landscape. Since 2015, over 750 rebate projects have been completed removing over 1.1 million square feet of turf at a program cost of $2.5 million.
• Landscape Consultants: The WCU has partnered with professional landscape professionals who meet with potential landscape rebate customers at their property and provide expert advice on sustainable landscaping and completing a rebate. This service is $50 for a two-hour consultation. Since 2015, over 620 Landscape Consultations have been completed. Note: This program was halted in 2020 due to COVID-19 budget cuts.
• Water Waste Patrols: WCU staff enforces SMMC 7.16.020, the “No Water Waste” ordinance. Responses to inbound water waste complaints are handled immediately, and proactive patrols in the community provide on-site detection of water waste. A Notice of Violation is issued to the water customer with Citations issued as needed if
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the water waste continues. Since 2015, over 1,500 Notices of Violations have been issued.
• MWD Water Conservation Rebates: As a member-agency of the MWD, the City participates in the MWD’s program to provide rebates for high efficiency toilets, urinals, clothes washers, restaurant appliances, irrigation devices and other devices.
Since 2015, the WCU has increased the supplemental funding added to MWD’s base rebate amounts to further incentivize installation of these water-conserving devices.
Since 2015, over 7,500 devices have been rebated.
• Free Water Saving Items: WCU staff has distributed thousands of water saving items to Santa Monica water customers since 2015. These items include low-flow faucet aerators, low-flow showerheads, automatic shut-off hose nozzles, toilet leakdetection dye tabs, shower buckets, flow-rate bags, and reusable canvas bags. The WCU also provides free tent cards and door hangers for hotels/motels to encourage water conservation by guests through reusing towels and sheets. These free items are available in the City Hall and are also distributed at outreach events. Since 2015, over 17,000 water saving devices have been distributed. • Customer Support: WCU staff provides excellent customer phone and email support every workday regarding any water conservation issue or program.
Approximately 300 phone calls and emails from Santa Monica water customers are received and responded to each year.
Depending on funding, additional conservation measures that are planned for implementation over the next five years include:
• Water Conservation Programs Master Plan: An overall master plan is being developed to provide a more detailed water conservation framework and benefit/cost analysis of existing and proposed programs. An outside consultant is providing guidance and support for developing this plan. • Marketing/Messaging Program for “Conservation as a Way of Life”: A water conservation marketing campaign will be created with messaging aligned with the State’s “Making Water Conservation a California Way of Life.” Drought-related information will also become part of the messaging.
• Targeted Commercial Sector Programs: Restaurants, hotels, and medical facilities are the highest commercial users of water in the City. As such, outreach and support program will be developed for one-on-one audits, evaluations, process recommendations, and rebate incentives for fixtures/devices to provide meaningful water savings in these specific sectors. An outside contractor may be used to develop and implement these programs.
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• Performance Pays: This effort will leverage Metropolitan Water District’s Water Savings Incentive Program (WSIP) for unique, innovative water conservation programs. Potential projects include pump pods for fire department trainings and cooling tower retrofits with new technology.
• School District Retrofits via Water Neutrality Direct Install Program: The scope of properties where the Water Neutrality Direct Install program retrofits fixtures will be expanded from residential and CII to include all City campuses of the Santa Monica-Malibu Unified School District.
• Irrigation System Audit and Repair: Much of the outdoor water waste occurs due to incorrect watering schedules programmed in customer’s irrigation timers/controllers (i.e. overwatering). In addition, leaks and broken sprinklers heads go unnoticed as irrigation is typically run at night and not observed. This new program will utilize a contractor to provide extensive outdoor audits and make necessary timer adjustments and simple repairs to save water.
2.2.1.2 Non-potable Water Demand
The City has a dedicated recycled water system that provides service to 30 metered locations. The primary use of recycled water is for landscape irrigation, but it is also used for street sweeping, sewer jetting, and for lavatories at two facilities. With the implementation of the City’s recycled water ordinance, projected water demand is expected to increase over the coming year as new developments requiring recycled water come online. The City recently completed the SWIP on November 2023 that will increase recycled water production up to 1,650 acre-feet per year and also being groundwater recharge operations using advanced treated recycled water from SWIP by the end of 2023.
Table 2-3. Current Year and Projected Year Demands (Non-Potable) Current Year
January – December 2022
(AF)
Projected Year
July 2023 – June 2024
(AF)
Non-Potable Reuse 69 72
Aquifer Recharge (Direct Injection)1 0 242
Total Demand 69 314
1200 GPM aquifer injection estimated to begin in October 2023.
2.2.1.3 Unconstrained Demand
The CWC requires water suppliers to estimate the current year’s unconstrained demand as part of the AWSDA. Unconstrained demand is water demand absent any water supply or demand restrictions (e.g., voluntary or mandatory conservation). Water suppliers then use
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the current year unconstrained demand, while also considering other factors such as weather and population growth, to project demand for the twelve-month period following the July 1st AWSDA deadline (i.e., July 1 to June 30).
Table 2-4 summarizes the current year and projected year unconstrained demands as well as constrained demands, derived by subtracting an estimated 20% conservation savings.
This 20% reduction is contributed to water conservation activities, which the City has consistently achieved or exceeded since 2014. Constrained demand for the current year is included from Table 2-2.
Table 2-4. Current Year and Projected Year Demands (Potable) Current Year
Unconstrained
January –
December 2022
(AF)
Projected Year
Unconstrained
July 2023 –
June 2024
(AF)
Current Year
Constrained
January –
December
2022
(AF)
Projected Year
Constrained
July 2023 –
June 2024
(AF)
Single Family
Residential 3,221 3,389 2,577 2,711
Multi-Family
Residential 5,766 5,854 4,613 4,683
Industrial/
Commercial 3,073 3,358 2,458 2,686
Institutional 361 404 289 323
Landscape
Irrigation 586 654 469 523
Fire Service 33 3 26 3
Water Loss - - - -
Demand 13,040 13,661 10,432 10,929
The City used a conservative approach for the projected year demands, as the intent of the AWSDA and requirements of the CWC are to ensure urban water suppliers are able to maintain reliable water supplies for a projected dry year. Constrained demands for the projected year (July 1, 2023 through June 30, 2024) were calculated using averages of previous years’ constrained demand. This projection ensures the City is prepared for a
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worst-case scenario (high demand coupled with a dry year). As temperatures continue to rise due to climate change, California is likely to experience warming by 2 degrees Fahrenheit or more by 2040. In Los Angeles County, the 12-month average temperature increased by 1.5 degrees Fahrenheit between May 2020 and April 2022. Higher temperatures are likely to result in increased water use from year to year. The projected year demands assumed that it would be hot and dry year (e.g., severe drought conditions).
The projected year demand assumptions for each usage category are as follow:
• Single Family Residential: assumed usage was returning to pre-COVID-19 levels and continued drought conditions (e.g., hot and dry); used average of 2021 and 2022 actual demand (2021 had the highest usage of the past 5 years and 2022 usage is slightly greater than 2019 pre-COVID-19 usage and most accurately reflects recent usage).
• Multi-Family Residential: assumed usage was returning to pre-COVD-19 levels and continued drought conditions; used average of 2021 and 2022 actual demand (2021 usage was the same as 2019 pre-COVID-19 and 2022 usage most accurately reflects recent usage).
• Industrial/Commercial: assumed slight increase in demand due to economic recovery from COVID-19; used average of 2019 and 2022 actual demand (2019 usage reflects pre-COVID-19 and 2022 usage most accurately reflects recent usage). • Institutional: assumed slight increase in demand due to economic recovery from COVID-19; used average of 2019 and 2022 demand (2019 usage reflects pre-COVID19 and 2022 usage most accurately reflects recent usage). • Landscape Irrigation: assumed slight increase in demand due to continued drought conditions; used average of 2021 and 2022 actual demand (2021 had the highest usage of the past 5 years and 2022 usage most accurately reflects recent usage).
• Fire Service: used historical average.
• Water Loss: used historical average.
2.2.2 Water Supply
The City currently purchases imported water from MWD to supplement its local water supplies. The City is one of 26 retail agencies served by MWD and receives imported water at two locations: the Arcadia WTP and the Charnock WTP. Both connections are 24 inches in size and are capable of serving 100% of the City’s water needs. The City’s Tier 1 imported water supply limit from MWD has been 7,406 AFY since 2016, and the City has been well under this limit in the past 10 years since the Charnock Well Field Restoration Project was completed in 2010 that restored local groundwater supplies. Additional MWD supply beyond the Tier 1 limit is also available to the City at a higher Tier 2 water supply rate.
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Packet Pg. 540 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT 2-11
The California Water Code requires AWSDAs to evaluate water supply reliability for the current year and one dry year. Relative to previous years, the local groundwater supply in 2022 was lower than average. The lower local production was a result of two factors. First, Santa Monica 4 (SM-4), the highest producing well in the City’s second largest producing groundwater aquifer(the Olympic Well Field) was taken offline due to operational issues.
The other factor that contributed to lower groundwater supply in 2022 and 2023 was the Arcadia WTP temporarily being taken offline during construction of the Arcadia WTP expansion project. The Arcadia WTP is the City’s primary drinking water treatment facility that treats local groundwater supplies. The expansion project will upgrade the Arcadia WTP to improve production efficiency from 82% to 90% or more and increase the treatment capacity from 11 million gallons per day (MGD) to a maximum 13 MGD. This project is scheduled to be completed by March 2024.
To assess supplies under a single dry year (drought year), the City used the available water supply estimate from the drought risk assessment performed as part of the 2020 Urban Water Management Plan. The drought risk assessment projected that under a single, worstcase dry year, the City’s local groundwater supply was approximately 6,755 AF, which equates to the lowest five-year running average for the City’s water supply from 2010 to 2020. The 2010-2020 time period was chosen because it is after the City completed the Charnock Well Field Restoration Project in 2010 and is more representative of current operating conditions (e.g., available groundwater supply and annual MWD imported water use).
2.2.2.1 Existing Infrastructure Capabilities and Plausible Constraints In addition to evaluating water supply reliability for the current year and one dry year, the California Water Code also requires suppliers to consider existing infrastructure capabilities and plausible constraints. As previously mentioned, construction will be occurring at the City’s Arcadia WTP through March 2024. It is estimated that this could result in a decrease in the local groundwater supply of approximately 552 AF for the Projected Year due to plant shutdowns during construction.
2.2.2.2 Regulatory Considerations
Over 20 years ago, Methyl tert-Butyl Ether (MTBE) and Tert-Butyl Alcohol (TBA), compounds once used as gasoline additives, were detected in three of the Charnock Subbasin wells. These contaminants shutdown production from the Charnock Sub-basin, the City’s largest groundwater supply, until the completion of the Charnock Well Field Restoration Project. The treatment from this project uses Granular Activated Carbon (GAC) filtration, from coconut shells, to successfully treat MTBE and TBA concentrations to levels well below the Maximum Contaminant Level (MCL) of 5 ppb. As a part of the Charnock Well Field Restoration Project, additional treatment processes were also added at the Arcadia WTP including reverse osmosis (RO) and aeration to provide multi-barrier treatment for the local groundwater.
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Packet Pg. 541 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT 2-12
More recently in April 2019, the State Water Resources Control Board (SWRCB) investigated source water wells in California most vulnerable to Per- and polyfluoroalkyl substances (PFAS) contamination. This included those near airports and landfills, and later those near secondary sources of PFAS activities. The SWRCB did not require Santa Monica to sample its sources. However, the City proactively sampled the City’s Drinking Water sources, and PFOA was detected in the Olympic Well Field. This compound was in addition to 14 other synthetic organic constituents of potential concern, including trichloroethylene, tetrachloroethylene, 1,4-dioxane, and 1,2,3-Trichloropropane, identified in the Olympic subbasin as a result of historical industrial contamination. The City is required to demonstrate compliance with the Division of Drinking Water (DDW) Process Memo 97- 005-R2020 - Revised Guidance for Direct Domestic Use of Extremely Impaired Sources to utilize the Olympic subbasin as a drinking water source. As part of maintaining compliance, the Arcadia WTP expansion will also include the new Olympic Wellfield Restoration Project to remove these constituents through ultraviolet-advanced oxidation processes and twostage GAC in order to amend the City’s drinking water permit to perform continuous wellfield monitoring for these substances, including PFOA.
In May 2017, the Cities of Santa Monica, Los Angeles, Beverly Hills, Culver City, and Los Angeles County signed a Memorandum of Understanding (MOU) to form the Santa Monica Basin Groundwater Sustainability Agency (SMBGSA). The SMBGSA is tasked with implementing an ongoing sustainable groundwater management program for the SMB in conformance with California’s Sustainable Groundwater Management Act (SGMA) of 2014.
A key piece of this program is the development of a Groundwater Sustainability Plan (GSP), which was approved by the SMBGSA in January 2022.
The GSP is the first comprehensive groundwater assessment and management plan specific to the SMB, which has been identified as a medium-priority groundwater basin by the California DWR. The SMBGSA is required to provide a description of the sustainable management criteria that will be used for the basin. As part of the GSP, sustainable management criteria (e.g., sustainable yield) and interfaces with neighboring groundwater basins (e.g., West Coast Basin and Central Basin) for the SMB was assessed. Projected groundwater levels calculated using a calibrated groundwater model indicate that at a production rate of 9,000 AFY, groundwater elevations will decline and recover based on the volume of recharge available in the SMB. The City has already begun implementing projects to aid in maintaining sustainability of the SMB, including groundwater recharge with advanced treated recycled water from SWIP, advancing monitoring wells to eliminate data gaps and refine groundwater modeling efforts, and expanding water conservation programs to permanently reduce water demand.
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Packet Pg. 542 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT 2-13
2.2.2.3 Projected Available Water Supply
Current year and projected year supply used for the AWSDA are provided in Table 2-5. The projected year water supply includes existing infrastructure capabilities, plausible constraints, and regulatory considerations described above. The projected year local groundwater supply was calculated by subtracting construction-related Arcadia WTP outages (552 AF) from the water supply from the drought risk assessment (6,755 AF). The water supply from the drought risk assessment is the lowest five-year running average for water supply from 2010 to 2020. As a conservative approach, the projected supply assumes that only MWD’s Tier 1 supply is available.
Table 2-5. Current Year and Projected Year Potable Supply Current Year
January – December 2022
(AF)
Projected Year
July 2023 – June 2024
(AF)
Local Groundwater 4,082 6,2031
MWD Tier 1 7,406 7,406
Total Supply 11,488 13,609
1Derived from subtracting the 552 AF decrease in groundwater supply from the 6,755 AF water supply used in the drought risk assessment during the Projected Year due to Arcadia WTP construction.
2.2.2.4 Projected Available Non-Potable Supply
In 2001, the City began operating the SMURRF to treat dry-weather urban runoff that was previously discharged into Santa Monica Bay from the Pier and Pico-Kenter storm drains.
The SMURRF is operated by Santa Monica, though operating costs and revenues are shared jointly with the City of Los Angeles, as a Best Management Practice (BMP) facility. Treated water from SMURRF is sent through a City-wide non-potable water distribution system that serves parks, medians, Woodlawn Cemetery, and dual-plumbed buildings for toilet flushing. The non-potable water is also used by City operations for street sweeping, sewer jetting, and pressure washing. Due to upgrades being made at SMURRF, the facility was offline during the entire current year (2022). As a result, supplemental potable water was used to meet recycled water customer demand during this period. The upgraded SMURRF is expected to be complete and back online Summer 2023.
In addition to SMURRF, the City will be using the SWIP Advanced Water Treatment Facility (AWTF) to supply non-potable customers Summer 2023. The SWIP AWTF will be the City’s first wastewater treatment facility and will be able to produce up to 1 MGD, on average, of advanced treated recycled water (approximately 10% of the City’s water supply). Initially, advanced treated recycled water would be used to meet non-potable reuse demands.
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Packet Pg. 543 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT 2-14
Ultimately, the advanced treated recycled water will also be used to augment the groundwater aquifer at the Olympic Well Field via direct aquifer injection. The City is also exploring the potential for direct potable reuse in the future when regulatory guidelines are available in December 2023. Table 2-6 summarizes the current year and projected year non-potable supplies available to the City.
Table 2-6. Current Year and Projected Year Non-Potable Supply Current Year
January – December 2022
(AF)
Projected Year
July 2023 – June 2024
(AF)
SMURRF 69 Up to 560
SWIP 0 Up to 1,120
Total Non-Potable Supply 69 Up to 1,680
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Packet Pg. 544 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-1 3 Supply and Demand Assessment Results and
Recommendations
Results of the AWSDA comparing anticipated unconstrained demand and total water supply for the projected year are summarized in Table 3-1. A shortage is indicated by a negative number/percentage, while a surplus is indicated by a positive number/percentage.
Table 3-1. Assessment Results without Water Shortage Response Actions Total (AF)
Anticipated Unconstrained Demand 13,661
Anticipated Total Water Supply 13,609
Surplus/Shortage w/out Water Shortage Response Actions1 -52 % Surplus/Shortage w/out Water Shortage Response Actions -0.4% State Standard Shortage Level without Water Shortage Response Actions
Level 1
(≤10%shortage )
1 Shortage is indicated by a negative number/percentage; surplus is indicated by a positive number/percentage.
Results indicate that without water shortage response actions, a -0.4% water supply shortage is projected for the next year. A -0.4% water supply shortage indicates a State’s Standard Shortage Level 1 (≤10%shortage) per the WSCP where necessary actions (e.g., water conservation) are not required to be taken to enhance the reliability and resiliency of the available water supply. However, the City recommends staying in a Stage 2 shortage, where conservation is required to meet the City’s goal of reducing its reliance on imported water supplies and is discussed further below.
3.1 RECOMMENDED WATER SHORTAGE RESPONSE STAGE
The City’s WSCP utilizes the same water shortage levels as the State and includes water shortage response actions for each stage. The City’s water shortage stages and associated water use reduction targets from the City’s WSCP are provided in Table 3-2 on the following page.
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Packet Pg. 545 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-2 Table 3-2. Water Shortage Stages and Reduction Targets
Water
Shortage
Stage
Shortage
Level
Water Shortage
Condition
Water Use
Restrictions
City-wide Use
Reduction Goal
Stage 1 ≤10% Minimal Voluntary 10%
Stage 21 10-20% Moderate Mandatory 20%
Stage 3 20-30% Significant Mandatory 30%
Stage 4 30-40% Severe Mandatory 40%
Stage 5 40-50% Critical Mandatory 50%
Stage 6 >50% Catastrophic Mandatory >50%
1Recommended Water Shortage Stage
The recommended Stage 2 Water Shortage Stage includes mandatory water use restrictions with a City-wide use reduction goal of 20% compared to the 2013 water use baseline. Water shortage conditions and actions implemented as part of a Stage 2 Water Shortage Stage are provided in Table 3-3 and Table 3-4.
Table 3-3. Summary of Water Shortage Stages and Conditions Water
Shortage
Stage
Water Shortage
Level Water Shortage Condition
Stage 1 Up to 10%
Using more than 50% of MWD Tier 1 allowance for
imported/purchased water and/or MINIMAL decrease
in local ground water supply
Stage 2 Up to 20%
Using more than 50% of MWD Tier 1 allowance for
imported/purchased water and/or MINIMAL decrease
in local ground water supply
Stage 3 Up to 30%
Using more than 70% of MWD Tier 1 allowance for
imported/purchased water and/or SIGNIFICANT
decrease in local ground water supply.
Stage 4 Up to 40%
Using more than 80% of MWD Tier 1 allowance for
imported/purchased water and/or ADVANCED decrease
in local ground water supply.
Stage 5 Up to 50%
Using more than 90% of MWD Tier 1 allowance for
imported/purchased water and/or SEVERE decrease in
local ground water supply.
Stage 6 > 50%
Exceeding MWD Tier 1 allowance for
imported/purchased water and/or CATASTROPHIC
decrease in local ground water supply.
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Packet Pg. 546 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-3 Table 3-4. Summary of Stage 1 and Stage 2 Water Shortage Response Actions Water
Shortage
Stage Action
Estimated
Reduction
Stage 1 Offer Water Use Surveys 1% - 2%
Stage 1 Provide Rebates on Plumbing Fixtures and Devices 1% - 2% Stage 1 Provide Rebates for Landscape Irrigation Efficiency 1% - 2% Stage 1 Provide Rebates for Turf Replacement 1% - 2%
Stage 1 Landscape - Restrict or prohibit runoff from landscape irrigation 1% - 2%
Stage 1 Landscape - Limit landscape irrigation to specific times 1% - 2% Stage 1 CII - Restaurants may only serve water upon request 1% - 2% Stage 1 Water Features - Restrict water use for decorative water features, such as fountains 1% - 2%
Stage 1 Pools and Spas - Require covers for pools and spas 1% - 2% Stage 1 Other - Customers must repair leaks, breaks, and malfunctions in a timely manner 1% - 2%
Stage 1 Other - additional conservation measures by City staff 1% - 2% Stage 1 Other - Irrigation Association’s Best Management Practices for all City landscaped areas 1% - 2%
Stage 1 Other – immediate notification by City staff of any leaks seen on City property or private property 1% - 2%
Stage 1 Other – immediate notification by City staff of any leaks seen on City property or private property 1% - 2%
Stage 2 Other – continued implementation of Stage 1 actions 10% - 20% Stage 2 Other - Implement Water Use Allowances (WUAs) for a 20% reduction from the amount of water used in 2013. 10% - 20% Stage 2 Expand Public Information Campaign 1% - 10%
Stage 2 Increase Water Waste Patrols 1% - 10%
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Packet Pg. 547 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-4 The goal of water shortage response actions is to reduce demand and enhance the reliability of the City’s water supply. For a Stage 2 Shortage, the City’s WSCP identifies a list of actions that aim to reduce water demand in the City by 20%. The City has been in a Stage 2 water shortage stage since 2014 and has consistently achieved 20% reductions in water demand. The estimated reduction in water demand resulting from Stage 2 actions for the projected year is approximately 2,732 AF.
In addition to water demand reduction, water supply augmentation may also be used as a water shortage response action. The City plans to use Tier 2 imported water supply from MWD as a supply augmentation action during prolonged, planned local groundwater supply outages (e.g., shutdown of the Arcadia WTP or the Charnock Well Field for over 2 months). As previously discussed, the Arcadia WTP is temporarily offline for construction and during these outages, additional water from MWD, beyond the City’s Tier 1 allocation will need to be purchased to supplement the City’s supply. The proposed supply augmentation budget allowed from the MWD Tier 2 is 5,600 AF, which is equivalent to the current year’s highest six consecutive month total supply and coincides with how long planned outages in local water supplies may last (e.g., construction at the Arcadia WTP or replacement of groundwater wells). Tier 2 water is not listed as a water shortage response action in Table 3-4 because it would only be used in certain circumstances (e.g. planned construction), and is not tied to customer water usage. The WSCP will be revised to reflect the addition of supply augmentation as a water shortage response.
The City recommends staying in a Stage 2 Shortage for a variety of reasons:
• First, the Water Conservation Act of 2009 (Senate Bill X7-7) required water suppliers in California to decrease urban per capita water use by 20% by the year 2020. The City met this goal, and by staying in a Stage 2 Shortage, the City would be able to continue meeting this requirement.
• Second, if the Stage 2 Shortage was lifted, water demand could increase due to the public’s perception of relaxed conservation requirements, thus increasing the purchase of imported water. This could impact water rates and potentially lead to a heavier burden on the City’s rate payers.
• Third, while California has seen heavy rain thus far in 2023, this does not completely alleviate the long-term impacts of the current drought or the state’s chronic water supply challenges. The rain events have been beneficial for the State Water Project (imported water from Northern California); however, Southern California’s other major imported water supply from the Colorado River has yet to recover from over 20 years of drought conditions, and studies suggest the Colorado River may not recover in our lifetime
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Packet Pg. 548 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-5 Staying in a Stage 2 Water Shortage is prudent for the City in order to maintain demand reduction so that we are prepared for the next inevitable, extended dry period.
The severe drought California has faced since 2020, paired with the heavy rains of 2023, showcase that climate change results in greater variability and volatility of weather patterns. Investments in the City’s water supply resiliency are necessary to mitigate against these extreme weather events. The SWIP and Arcadia WTP Expansion are examples of the City’s efforts in adapting the City’s water portfolio to climate change impacts. The SWIP leverages stormwater, when it is available during wet weather events, and municipal wastewater to produce purified water to recharge local groundwater aquifers. The Arcadia WTP will improve production efficiencies to produce additional drinking water without increasing local groundwater pumping through first-of-its-kind, high-efficiency Flow Reversal Reverse Osmosis technology. Both projects are expected to be online within the projected year. Coupled with water conservation activities, these components represent the culmination of the 2018 SWMP to improve water resiliency, self-sufficiency, and sustainability.
The long-term vision of the City is to center on water conservation, per CA Executive Order B-37-16: Making Water Conservation a California Way of Life. Local conservation goals are detailed in the City’s Water Conservation Master Plan. Implementing cutting edge projects, along with great water conservation efforts from the public, the City is able to prepare for future. Table 3-5 highlights the benefits of remaining in a Stage 2 Shortage. The City is able to jump from a -0.4% shortage to a 20% surplus in water supply using Stage 2 Shortage response actions.
Table 3-5. Assessment Results with Stage 2 Water Shortage Response Actions Total (AF)
Projected Year Supply (Local Groundwater and MWD Tier 1 Supply) 13,609 Total Supply 13,609
Projected Unconstrained Demand 13,661
Benefit from Stage 2 Water Demand Reduction Actions (2,732) Constrained Demand 10,929
Revised Surplus w/ Water Shortage Response Actions
(Total Supply – Constrained Demand) 2,680
Revised % Surplus w/ Water Shortage Response Actions 20%
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Packet Pg. 549 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for City of Santa Monica Draft 2023 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-6
3.2 ONGOING REASSESSMENTS
The City has been providing monthly water production and conservation reports to the SWRCB since July 2014 to comply with the statewide drought emergency water conservation regulation. While the emergency regulation expired in November 2017, the City continues to report voluntarily. Monthly reports became mandatory again in October 2020 after the SWRCB adopted a new regulation on Monthly Urban Water Conservation Reporting. The new reporting regulation requires monthly reporting of key elements and additional information during water shortages. The reports, compiled by the City, include information on residential water use, total potable water production, measures implemented to conserve water and improve efficiency, and local enforcement actions. The reports are submitted to the SWRCB’s Drinking Water Information Clearinghouse online portal.
Over the next few years, the City will also be upgrading its water meters with AMI, which will allow real-time water demand monitoring as opposed to the current 60-day meter reading cycle. Past studies have shown AMI to reduce water demand by as much as 5-7% of the total water supply. The City is also working on three master planning documents: a Water Master Plan, a Water Conservation Master Plan, and a Recycled Water Master Plan.
These master plans will help identify water system improvements over the next ten years, refine the implementation of water conservation measures to further reduce water demand, and plan for the expansion of the recycled water system.
On the water supply side, the City’s WRD provides monthly water production reports to interested parties within the City. The reports include information on well production, finished local water production and imported water purchased. Staff will continue monthly monitoring of water supplies to assess water shortage conditions.
On the non-potable water supply side, the future non-potable water supply capability far exceeds projected demand. It is anticipated that the SMURRF and SWIP AWTF will operate to meet non-potable demand and aquifer recharge demand at one injection well. To maximize the use of advanced treated recycled water, the City is analyzing potential sites for up to two additional injection wells and exploring the potential for direct potable reuse in the future to further enhance the reliability and resiliency of the City’s water supply portfolio.
As an adaptive management plan, the WSCP will be refined as needed to ensure it continues to effectively address potential water shortage conditions. On an ongoing basis, using the reports and compliance tracking process described above, any necessary changes to the WSCP will be identified. In addition, as a part of annual demand and supply assessments, the WSCP will be reviewed with refinements incorporated as needed.
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Packet Pg. 550 Attachment: Draft 2023 Annual Water Shortage Assessment Report_053023 [Revision 1] (5638 : Public Hearing and Adoption of Resolution for